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2574 Results

Location: San Mateo x
2020.11.24 Demurrer 149
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2020.11.24
Excerpt: ... action for intentional interference with prospective economic relations is SUSTAINED with leave to amend on the ground that the Complaint does not sufficiently allege an independent wrongful act. “An act is not independently wrongful merely because defendant acted with an improper motive. … [A]n act is independently wrongful if it is unlawful, that is, if it is proscribed by some constitutional, statutory, regulatory, common law, or other de...
2020.11.23 Demurrer 078
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2020.11.23
Excerpt: ...eo that there were only two legal rentable units on the property. Id., ¶ 30‐34. At the time Plaintiffs purchased the property, they believed there were three legal and permitted rental units on the property. Following their discovery in 2018, Plaintiffs commenced this suit against their agent, the sellers, and the listing agent. The moving Defendants (“Listing Broker”) demur to Plaintiffs' second, third, fourth, and fifth causes of action ...
2020.11.20 Motion for Determination of Good Faith Settlement 643
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2020.11.20
Excerpt: ...sider and weigh the Tech‐Bilt factors … when no one objects, the barebones motion which sets forth the ground of good faith, accompanied by a declaration which sets forth a brief background of the case is sufficient.” City of Grand Terrace v. Superior Court (1987) 192 Cal.App.3d 1251, 1261. While Defendant Duff's motion is bare bones, it does provide sufficient information for the Court to conclude that the settlement is in good faith. Liab...
2020.11.20 Demurrer 916
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2020.11.20
Excerpt: ...ocedure section 1005(b), which requires opposing papers to be filed and served at least nine court days before the hearing. November 11, 2020, Veteran's Day, was a legal holiday. However, despite this delay, Defendants timely filed and served their Reply. Therefore, the Court exercises its discretion to still consider Plaintiffs' Opposition, but reminds Plaintiffs in the future to timely file and serve their papers or else they may not be conside...
2020.11.20 Demurrer 563
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2020.11.20
Excerpt: ... of the existence of judicial opinions and court documents, along with the truth of the results reached— in the documents such as orders, statements of decision, and judgments—but cannot take judicial notice of the truth of hearsay statements in decisions or court files, including pleadings, affidavits, testimony, or statements of fact.” Williams v. Wraxall (1995) 33 Cal.App.4th 120, 130, n. 7 (citations omitted); Evidence Code § 452(d). T...
2020.11.19 Motion to Reclassify Action 817
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2020.11.19
Excerpt: ...rom November 4, 2020, to November 19, 2020. Plaintiff had sufficient time to respond to Defendant's Opposition and no prejudice has been demonstrated. This Court exercises its discretion in determining whether to grant a motion for reclassification. Stern v. Superior Court (2003) 105 Cal.App.4th 223, 231. Since the initial time for defendant to respond to the complaint has passes (and Defendant has answered), this Court decides the motion pursuan...
2020.11.19 Motion to Disqualify Counsel 378
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2020.11.19
Excerpt: ... on July 15, 2019. Defendant's counsel, Joseph Siguenza, has been an attorney in the law offices of Defendant for 29 years. Siguenza Decl., ¶¶ 1, 2. Mr. Siguenza signed the answer on behalf of Defendant. Plaintiff claims he discovered the conflict of interest in April of 2020 when discussing discovery responses with his counsel. On July 20, 2020, Plaintiff filed this motion to disqualify. Plaintiff contends defense counsel, Mr. Siguenza and his...
2020.11.18 Motion to Seal 438
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2020.11.18
Excerpt: ...ration and Proposed Order. The court starts with the presumption that court records are open unless confidentiality is required by law. (See Cal. Court Rule 2.550(c).) A court may order that a record be filed under seal if it expressly finds facts establishing that: (1) there exists an overriding interest that overcomes the right of public access to the record; (2) the overriding interest supports sealing the record; (3) a substantial probability...
2020.11.18 Motion for Summary Judgment, Adjudication 495
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2020.11.18
Excerpt: ... seventh and eighth causes of action with prejudice on September 23, 2020. Thus, Defendant's motion for summary judgment is moot as to those claims. First Cause of Action – Wrongful Constructive Termination As to the First Cause of Action for “wrongful constructive termination,” Plaintiff must show that he resigned as a result of intolerable working conditions, and that those working conditions violated public policy. (See CACI No. 2432.) D...
2020.11.18 Motion for New Trial 870
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2020.11.18
Excerpt: ...im of newly discovered evidence, Plaintiff notes that, just prior to the Court's ruling granting Dane's motion for summary judgment, Frederick Tate, a Target employee, testified at his deposition that Dane sent a representative to Target on a quarterly basis in 2016 to perform “preventative maintenance” on the smartKART shopping carts. According to Plaintiff, this evidence suggests that Dane did, in fact, have possession and control over the ...
2020.11.18 Demurrer 627
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2020.11.18
Excerpt: ...k of Am., N.A. (2015) 243 Cal. App. 4th 1293, 1305–06 [tender not required when claim is based on allegations that Defendant foreclosed during time that plaintiff was seeking loan modification].) B. First Cause of Action (Wrongful Foreclosure) Demurrer to the first cause of action is sustained. An element of the claim for wrongful foreclosure is that the foreclosure sale occurred. (Miles v. Deutsche Bank National Trust Co. (2015) 236 Cal.App.4t...
2020.11.17 Motion to Compel Production of Business Records 697
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2020.11.17
Excerpt: ...to be made no later than 60 days after the completion of the record. Here the record was completed on May 4, 2020 when a response including only objections was provided to the deposition subpoena. This Motion was filed more than 60 days later on September 10, 2020. The Vogt declaration provides evidence that the Deponent represented that the lack of responsive documents was because of a need for more time to produce the documents. Defendants argu...
2020.11.17 Motion to Seal Record 846
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2020.11.17
Excerpt: ...uires and Michael Mengarelli, and Notice of Motion and Motion to Enforce Settlement Agreement, all filed on March 11, 2020, is DENIED. A motion to seal records must include a declaration “containing facts” sufficient to justify the sealing. (CRC Rule. 2.551(a)(1); see also Rule 2.550(d) [court may grant motion only if it “expressly finds facts” establishing grounds justifying sealing. The present motion seeks to seal portions of documents...
2020.11.16 Motion to Contest Designation of Certain Docs as Subject to Privilege 501
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2020.11.16
Excerpt: ...Plaintiff ancey sent and received documents to and from Defendant IRA Services' principals, including Defendant Edwin Blue and company counsel. During discovery in this case, Yancey produced to Defendants eleven (11) documents over which Defendant IRA Services, Inc. has asserted attorney‐client privilege and work product protection. IRA Services identified the eleven documents on a privilege log, and requested that Yancey return them. Yancey re...
2020.11.16 Motion to Compel Production of Docs 362
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2020.11.16
Excerpt: ...s is denied. A. The Motion Is Untimely. Discovery motions must be heard no later than 15 days before the initial date set for trial. (Code of Civ. Proc. § 2024.20, subd. (a).) The initial trial date was June 4, 2020. The matter was continued to July 27, 2020 and again to September 21, 2020. Both continuances specified that all discovery deadlines would be based on the new trial date. Based on the September 21, 2020 trial date, the deadline to he...
2020.11.13 Motion to Compel Arbitration and Stay Litigation 455
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2020.11.13
Excerpt: ...al pursuant to the terms of their insurance contract as mandated by Insurance Code § 2071, the appraisal would be mandatory. See Doan v. State Farm Gen. Ins. Co. (2011) 195 CalApp.4th 1082, 1093. The question for this motion is whether the Court must grant a request made after the Plaintiffs filed a lawsuit and litigated it for a year, including conducting discovery and holding an Informal Discovery Conferences with the Court. The parties have n...
2020.11.13 Demurrer 732
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2020.11.13
Excerpt: ...lationship to an insured – in this case, Defendant MIS – can be liable to the insured for a breach of the implied covenant of good faith and fair dealing. This issue was addressed in Tran v. Farmers Group, Inc. (2002) 104 Cal.App.4th 1202. The parties disagree, however, with respect to whether the decision in Tran applies to the facts of this case. In Tran, an insured brought an action against attorneys‐in‐fact of a reciprocal insurer/int...
2020.11.12 Motion to Quash Service of Summons 252
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2020.11.12
Excerpt: ...pecific personal jurisdiction over them, claiming they do not have the necessary minimum contacts with this forum. According to Defendants, “the Complaint is devoid of any facts that establish the Lewiners ‘purposefully availed themselves' of California's benefits, or that the controversy is related to any of the Lewiners' extremely limited contacts with California.” MPA, p.3. However, Plaintiffs' verified Complaint alleges that Plaintiff I...
2020.11.12 Motion for Judgment 513
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2020.11.12
Excerpt: ...facts and supporting evidence establishes a prima facie showing that Defendant CHICAGO TITLE did not breach any duty that it owed to Plaintiff. Plaintiff has not demonstrated that a triable issue of material fact exists. Escrow instructions govern the rights and liabilities of the parties and the escrow holder. The parties are entitled to only the performance that is provided in their instructions, and the escrow holder is obligated to perform on...
2020.11.12 Demurrer 206
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2020.11.12
Excerpt: ...d be characterized as an argument based more on semantics than substance. However, the Court sustains the Demurrer with leave to amend, for the following reasons. First, while various California courts have disagreed on this point, more recent California Supreme Court cases have concluded that “unjust enrichment” is not a proper cause of action, at least where the claim can be re‐ stated as a “quasi‐contract” claim that seeks “resti...
2020.11.10 Motion to Pay Costs of Arbitration 627
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2020.11.10
Excerpt: ...rty as a “deposit” toward arbitration costs. BUTTE has less than that amount in cash. The cases of Roldan v. Callahan & Blaine (2013) 219 Cal. App. 4th 87 and Weiler v. Marcus & Millichap Real Estate Inv. Servs., Inc. (2018) 22 Cal. App. 5th 970 are controlling. [When] a party who has engaged in arbitration in good faith is unable to afford to continue in such a forum, that party may seek relief from the superior court. If sufficient evidence...
2020.11.10 Demurrer 679
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2020.11.10
Excerpt: ...First Cause of Action ‐ Fraud The Demurrer to Cross‐ Complainant's First Cause of Action for fraud is OVERRULED. The Cross‐Complaint alleges fraud by intentional misrepresentation and concealment. Where a fraud claim is properly plead on any legal theory, a Demurrer must be overruled. Viewing the allegations as a whole, the Cross‐Complaint adequately pleads a claim for fraud by intentional misrepresentation and/or concealment. It alleges ...
2020.11.10 Application for Writ of Attachment 595
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2020.11.10
Excerpt: ...ttachment may be issued, (2) plaintiff has established the probable validity of the claim, (3) the attachment is not sought for any purpose other than to secure recovery on the claim, and (4) the amount to be secured is greater than zero. (See C.C.P. §484.090.) Except as otherwise provided by statute, a claim is one upon which an attachment may be issued: (1) in an action on a claim or claims for money, (2) based upon a contract, express or impl...
2020.11.09 Motion for Summary Judgment 220
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2020.11.09
Excerpt: ... To demonstrate substantial compliance with the contractor's licensure requirements, Plaintiff De Bibo must show he (1) had been duly licensed as a contractor in this state prior to the performance of the act or contract, (2) acted reasonably and in good faith to maintain proper licensure, and (3) acted promptly and in good faith to remedy the failure to comply with the licensure requirements upon learning of the failure. Application of the subst...
2020.11.09 Motion for Summary Adjudication 220
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2020.11.09
Excerpt: ...on of Bus. & Prof. Code § 7031(e), and the doctrine of substantial compliance, to the undisputed facts. To demonstrate substantial compliance with the contractor's licensure requirements, Plaintiff De Bibo must show he (1) had been duly licensed as a contractor in this state prior to the performance of the act or contract, (2) acted reasonably and in good faith to maintain proper licensure, and (3) acted promptly and in good faith to remedy the ...

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