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2511 Results

Location: San Mateo x
2023.12.05 Demurrer 308
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.12.05
Excerpt: ...is unlawful detainer Complaint is defective. The Complaint alleges that Defendants' tenancy is exempt from the Tenant Protection Act of 2019 ("Act") based on Civil Code section 1946.2(e)(8). Defendants argue that section 1946.2(e)(8) only applies to residential real property "that is alienable separate from the title to any other dwe ling unit." Since the notice includes "Unit #1" in the property address, Defendants contend that this reference to...
2023.12.04 Demurrer 610
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2023.12.04
Excerpt: ...to amend, as to the Special Demurrer to the First Cause of Acton ("COA") for Civil Rights Violations pursuant to Cal. Code of Civil Procedure Section 430.10(e). OVERRULED with respect to the general Demurrer to the Complaint and the remaining special demurrers. General Demurrer OVERRULED. Defendants argue that each cause of action in the Complaint must be dismissed pursuant to Heck v. Humphrey, (1994) 512 U.S. 477 ("Heck") because the claims impl...
2023.12.04 Motion to Compel Discovery Responses 896
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2023.12.04
Excerpt: ... served form interrogatories, a first set of special interrogatories, and a first set of document requests on Plaintiff. (Defendant's Request for Judicial Notice ("RJN") Ex. C-1.) After some back and forth with Plaintiff's counsel, Defendant requested an Informal Discovery Conference ("IDC") before Commissioner Mau, which was held on June 5, 2023. (ld.) Plaintiff agreed to serve substantive supplemental discovery responses by June 13, 2023. (ld.)...
2023.12.04 Demurrer 914
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2023.12.04
Excerpt: ...ice of Appeal "fails to state a cause of action" against the Fields, and/or improperly names them as parties (real parties in interest) in this appeal. (Code Civ. Proc. Sect. 430.10(d), (e).) The function of a demurrer is to test whether, as a matter of law, the facts alleged in the complaint state a cause of achon under any legal theory. Intengan v. BAC Home Loans Servicing, LP (2013) 214 Cal.App.4th 1047, 1052. Code Civ. Proc. Sect. 389(a) stat...
2023.12.04 Motion for Judgment on the Pleadings 075
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2023.12.04
Excerpt: ... Reply Request for Judicial Notice is DENIED because none of the requested matter is material to the Court's evaluation of Defendants' motion. l. ABO COMIX STANDING The motion is DENIED as to A. 8.0. for lack of standing. The cases cited by County do not support this motion. In the case of Creed-21 v. City of Wildomar (2017) 18 Cal.App.5th 690, the complaint alleged that the plaintiff organization was "formed and operating under the laws of Calif...
2023.12.01 Motion to Set Aside Default, Judgment 546
Location: San Mateo
Judge: Finigan, Jeffrey R
Hearing Date: 2023.12.01
Excerpt: ...ed on October 16, 2020, after failing to heed the summons purportedly served on him. (Oct. 16, 2020 Request for Entry of Default; see Sep. 21, 2020 Proof of Service of Summons by Substituted Service.) More than two years later, Plaintiff Scottsdale Insurance Co. ("Scottsdale") requested a default judgment, and judgment was entered against McNulty in the amount of $433,448.73 on March 30, 2023. (Mar. 22, 2023 Request for court Judgment; Mar. 30, 2...
2023.12.01 Motion for Determination of Good Faith Settlement 266
Location: San Mateo
Judge: Finigan, Jeffrey R
Hearing Date: 2023.12.01
Excerpt: ...whether the proposed settlement satisfies CCP 5877.6. See Tech-Bilt v. Clyde & Associates, 38 Cal.3d 488 (1985) and Regan Roofing Co. v. Superior Court, 21 Cal.App.4th 1685 (1994). However, the Oppositions contain evidence indicating that the proposed settlement between the Plaintiffs and Sung defendants may qualify as a faith settlement if the record is further developed. Accordingly, the Motion is DENIED without prejudice to re-file in accordan...
2023.12.01 Demurrer, Motion to Strike 630
Location: San Mateo
Judge: Finigan, Jeffrey R
Hearing Date: 2023.12.01
Excerpt: ... 20, 2023, is ruled upon as set forth below. Chugh refers in its briefing to the Amended Cross-complaint as the "Second Amended Crosscomplaint, or "SAXC." This Order refers to it as the AXC. The AXC asserts seventeen (17) total causes of action, eight (8) of which are asserted against the Chugh Cross-Defendants. Chugh has demurred to all eight of these claims. The AXC identifies three Cross-complainants: (1) CPQ Solutions, LLC ("CPQ") (2) Christo...
2023.12.01 Demurrer to SAC 762
Location: San Mateo
Judge: Finigan, Jeffrey R
Hearing Date: 2023.12.01
Excerpt: ...ely "Plaintiffs") is ruled on as follows: Procedurally, Defendant has not established compliance with the meet and confer requirement under Code of Civil Procedure secton 430.41 regarding the Second Cause of Action. Defendant only shows that he met and conferred regarding the Third, Sixth and Seventh Causes of Acton. Nevertheless, since the Second and Third Causes of Action are both fraud claims, the Court proceeds to address the merits of the De...
2023.11.30 Motion for Attorney Fees, to Set Aside Default, Judgment, Enter Another Judgment 699
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.11.30
Excerpt: ...has indicated actual notice of the Opposition, it has been considered. The only argument it raises is that the Motion is untimely pursuant to Cal. Rules of Court, Rule 3.1702. Timeliness of Mohon A motion for attorney's fees up to and including the rendition of judgment must be served and filed within the time for filing a notice of appeal. Cal. Rules of Court, Rule 3.1702. In this case, that time is 60 days pursuant to Cal. Rules of Court, Rule ...
2023.11.30 Motion for Determination of Good Faith Settlement 455
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.11.30
Excerpt: ... (the "Settling Parties") have agreed upon material terms, as summarized: Rodda will pay Plaintiff a $250,000.00 settlement payment. In exchange, Plaintiff has agreed to provide Defendant/cross-complainant SC Builders with an issue release discharging all claims in connection with Rodda's work on the renovation project which is the subject of this litigation. Plaintiff and Rodda have agreed to fully discharge, waive, and release each other from a...
2023.11.30 Motion to Authorize Disclosure Pupil and Education Records 252
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.11.30
Excerpt: ...ement of Non-oppositon as to the requested production, confirming that the parties have agreed to such production through participation in the Informal Discovery Conference process and subsequent meet and confers. Accordingly, the Court shall GRANT this Motion, subject to the conditions outlined below. Pupil and education records are protected from disclosure under federal and state law. Federal educational funds are withheld from any school dist...
2023.11.29 Demurrer, Motion to Strike Punitive Damages 310
Location: San Mateo
Judge: Weiner, Marie S
Hearing Date: 2023.11.29
Excerpt: ...nt, and further leave to amend is not justified. Defendant shall prepare, circulate and submit a proposed Judgment. Defendant's Request for Judicial Notice is GRANTED\. "[T]he elements of an achon for fraud and deceit based on a concealment are: (1) the defendant must have concealed or suppressed a material fact, (2) the defendant must have been under a duty to disclose the fact to the plaintiff, (3) the defendant must have intentionally conceale...
2023.11.28 Motion to Compel Further Responses, to Permit Discovery Re Financial Condition 275
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.11.28
Excerpt: ...O DECEMBER 5, 2023 AT 2:00 P.M. FOR ARGUMENT. IF THE TENTATIVE IS NOT CONTESTED, IT WILL BE ADOPTED AT THE DECENBER 5, 2023 AT 2:00 P.M. HEARING. THERE WILL BE NO LAW AND MOTION HEARING ON NOVEMBER 28, 2023. Plaintiff's Moton to Compel Further Responses to Form Interrogatories, Set Two, is DENIED for the reasons set forth below. Plaintiff served Defendant Rosie Elena Rivera with his first set of form interrogatories, which included which Form Int...
2023.11.22 Motion to Set Aside Default 483
Location: San Mateo
Judge: Weiner, Marie S
Hearing Date: 2023.11.22
Excerpt: ... Counsel exchanged emails on March 27, 2023 regarding the filing of the Cross-complaint and the need for Mr. Perdue to obtain joint representation waivers from Cross-Defendants. Sorba Decl„ "3-4. Counsel for Crosscomplainant followed up via email on April 3, 2023. Ibid. , 95. Cross-Defendant Fofoanga Club filed an Answer to the Cross Complaint through Mr. Perdue on April 17, 2023. Ibid. , 96. Cross-complainant's counsel sent an email on May 31,...
2023.11.22 Motion for Summary Judgment, Adjudication 881
Location: San Mateo
Judge: Weiner, Marie S
Hearing Date: 2023.11.22
Excerpt: ...l in opposition to this Motion, but failed to file any application or moton to have these documents filed under seal. "A party requesting that a record be filed under seal must file a motion or an application for an order sealing the record." (CRC Rule 2.551(b)(1).) "The moton or application must be accompanied by a memorandum and a declaration containing facts sufficient to justify the sealing." (Ibid.) Accordingly, the documents are hereby ORDE...
2023.11.22 Demurrer 789
Location: San Mateo
Judge: Weiner, Marie S
Hearing Date: 2023.11.22
Excerpt: ...uests for judicial notice are GRANTED, but not for the truth of the matters contained therein. The Court notes that Defendant filed a request for judicial notice that is over 800 pages long, but Defendant failed to "bookmark" the exhibits thereto. This is in violation of CRC Rule 3.1110(f)(4) and ü)cal Rule 3.3. Accordingly, the Court was left to scroll through 800 individual pages, which is abusive. Defendant is hereby warned that failure to co...
2023.11.20 Motion to Strike, Demurrer 677
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2023.11.20
Excerpt: ... strike paragraphs 19 and 25 from the First Amended Complaint on the grounds that these paragraphs contain false matter under CCP S 436. However, the grounds for a motion to strike must appear on the face of the pleading under attack, or from matter which the court may judicially notice. (CCP S 437.) The falsity of Plaintiff's allegations does not appear on the face of the FAC, and Defendants have not requested that the Court take judicial notice...
2023.11.16 Motion to Enforce Settlement 191
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.11.16
Excerpt: ...The Agreement was signed by Defendants Li and Xie. Defendant Xie failed to make the payment due on or before April 21, 2023 and failed to make the $25,CM payment due on or before May 21, 2023. (Flegel Decl., '1 4.) The parties' Agreement provides that, "The Superior Court of California for the State of California shall have jurisdiction to enforce this Agreement." (Flegel Decl., Ex. A, 5.) The Agreement also states that "If Xie fails to timely de...
2023.11.16 Motion for Summary Judgment, Adjudication, to Seal Records 948
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.11.16
Excerpt: ...Code SS 3439 et seq. For the reasons set forth below, Defendant's moton for summary judgment is DENIED. The facts relevant to the pending motion are as follows: according to Plaintiffs' First Amended Complaint ("FAC"), Defendant DBM Cloud Systems Inc. ("DBM") is a software development company that allegedly entered into 28 separate loan agreements with the Plaintiffs between December 20, 2016 and October 12, 2019, by which the Plaintiffs collecti...
2023.11.16 Motion for Summary Judgment 305
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.11.16
Excerpt: ...vice of notice of entry of judgment, as required by California Rules of Court rule 3.1700(a)(1). The form Complaint asserts two causes of action for breach of contract and four common counts. (Dec. 14, 2022 Complaint, pp. 3—6.) Each of these six counts are merely pleadings of alternative legal theories to recover a single debt. The only discrepancy in the requested remedies is that attorney fees are requested only under the first cause of actio...
2023.11.16 Demurrer to SAC 363
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.11.16
Excerpt: ...murrer should be sustained because Plaintiff failed to properly serve Defendant with the Second Amended Complaint. Defendant cites no authority for sustaining a demurrer on this ground though. Instead, this may be a valid ground for a motion to strike. (See Code of Civ. Proc. S 436(b).) Nevertheless, Plaintiff is cautioned to properly serve Defendant with any amended pleading in the future and to file a proof of service with the Court. Plaintiff'...
2023.11.14 Motion for Leave to File Complaint in Intervention 683
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.11.14
Excerpt: ...ice of entry of order. Irene Lopez Perez ("Perez") moves here for leave to intervene in this matter regarding disputed title to a mobile home (the "Property") and file her proposed complaint in intervention. (See Oct. 4, 2023 Motion, pp. 9—27.) A. Legal Standard on Intervention A nonparty may petition a court for leave to intervene by filing a noticed motion that includes a copy of the pleading in intervention and sets forth the grounds on whic...
2023.11.14 Demurrer 726
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.11.14
Excerpt: ... as follows: The court OVERRULES the demurrer on uncertainty grounds. Defendants raise this ground in their demurrer, but fail to discuss it in their brief. "The memorandum must contain a statement of facts, a concise statement of the law, evidence and arguments relied on, and a discussion of the statutes, cases, and textbooks cited in support of the position advanced." (Cal. Rules of Court, rule 3.1113(b); Fenton v. Groveland Community Services ...
2023.11.14 Motion for Summary Judgment 465
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.11.14
Excerpt: ...osition to an unlawful detainer summary judgment motion may be made in writing until the court day before the hearing, or orally at the time of hearing pursuant to California Rules of Court, rule 3.1351(b), (c). The parties shall APPEAR. According to the complaint, defendants agreed to rent the premises at 408 C Street, #2, South San Francisco, CA 94080 and they failed to pay rent but continue to hold over even after service of the three- day not...
2023.11.14 Motions to Compel Further Responses, for Terminating Sanctions or Issue and Evidentiary Sanctions, Monetary Sanctions 275
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.11.14
Excerpt: ...TIVE IS CONTESTED, THE CONTESTING PARTY MUST NOTIFY DEPARTMENT FOUR AND ALL OTHER PARTIES BY 4m P.M. ON MONDAY, NOVEMBER 6, 2023. HOWEVER, THE HEARING ON THE MOTION IS CONTINUED TO NOVEMBER 14, 2023 AT 2:00 P.M. FOR ARGUMENT. IF THE TENTATIVE IS NOT CONTESTED, IT WILL BE ADOPTED AT THE NOVEMBER 14, 2023 AT P.M. HEARING. THERE WILL BE NO LAW AND MOTION HEARING ON NOVEMBER 7, 2023. PLAINTIFF PROVIDED NOT CE THAT HE IS CONTESTING. The court denies p...
2023.11.13 Motion to Strike 647
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2023.11.13
Excerpt: ... GRANTED as to Exhibits 5-6. (Evid. Code Sect. 452(c).) As to each of these documents, the Court takes judicial notce of their contents and the dates that they were filed and/or issued, but the Court does not take judicial notice of the truth of statements/allegatons in the documents. Plaintiff Li's 10-24-23 Reply brief was untimely filed, but the Court has considered it. Plaintiff's Reply brief was due 10-23-23. Plaintiff filed it on 10-24-23, o...
2023.11.13 Motion for Terminating and Monetary Sanctions 435
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2023.11.13
Excerpt: ...E failed to provide verified responses to Form Interrogatories that were served in July 2021. The Court granted Plaintiff Oakville Produce Partners' motion to compel verified responses and ordered Defendant Le to provide verified responses "within 14 days of service of this order" and to pay a monetary sanction of $1,185.00 "within 30 days service of this order." (Order, Dec. 8, 2022 (filed Dec. 9, 2022.) Plaintiff served Notice of Entry of Order...
2023.11.13 Demurrer 937
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2023.11.13
Excerpt: ... COA for Breach of Contract Plaintiffs were given leave to amend the original Complaint as to the sustained demurrer to the Second Cause of Action for Fraud. See June 20, 2023 Order. The amendments to the First Cause of Action for Breach of Contract were not authorized by that order. Following an order sustaining a demurrer or a motion for judgment on the pleadings with leave to amend, the plaintiff may amend his or her complaint only as authoriz...
2023.11.13 Demurrer 880
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2023.11.13
Excerpt: ...e an amended answer no later than November 20, 2023. Cross- complainants FXIO International, Inc.'s and Plan B Equipment Rentals, LLC's Request for Judicial Notice is DENIED as irrelevant. (Licudine v. Cedars-Sinai Medical Center (2016) 3 Cal.App.5th 881, 902 ["trial court retains its usual discretion not to take judicial notice of matters that are irrelevant"].) As a preliminary matter, the notice of demurrer provides the incorrect address for t...
2023.11.09 Motions to Quash Subpoena, for Sanctions 560
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.11.09
Excerpt: ...oena issued to its appraiser, Christopher Carneghi, on the grounds that any expert witness discovery in this case is premature, and discovery of Mr. Carneghi's work as a consulting expert concerning his appraisals is protected by attorney work-product privilege. Defendants respond that "Carneghi must be made available as a fact witness so that he may testify about the physical descriptions of all the lots that he perceived." (Opp., p.13.) Accordi...
2023.11.09 Motion to Strike 375
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.11.09
Excerpt: ...ynor"), an individual and managing member and offcer of BWC. The Cross-complaint alleges causes of action for breach of fiduciary duty, intentional misrepresentation, negligent misrepresentation, and declaratory relief. Raynor now demurs to the Cross- Complaint and moves to strike certain parts of the pleading. Cross-Defendant's Motion to Strike A motion to strike can be used as a scalpel to cut out any irrelevant, false, or improper matters in a...
2023.11.09 Motion for Summary Judgment 795
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.11.09
Excerpt: ...rovide Lessor with a copy of a Use Permit issued by the City of South San Francisco for such use or alternatively to provide evidence, reasonably satisfactory to Lessor, that no such Use Permit is required." ("Failure to Obtain a Use Permit (3-Day Notice at 2.) The motion is denied as to all other grounds argued in the motion because triable issues of material fact exist as to those grounds. (3-Day Notice at 1- 2, 3 & 4.) A. The Motion Does not E...
2023.11.09 Demurrer 786
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.11.09
Excerpt: ...ifth cause of Action by Ford is OVERRULED based on failure to allege facts sufficient to support this claim. The elements of a cause of action for fraud based on concealment are: "(1) the defendant must have concealed or suppressed a material fact, (2) the defendant must have been under a duty to disclose the fact to the plaintiff, (3) the defendant must have intentionally concealed or suppressed the fact with the intent to defraud the plaintiff,...
2023.11.08 Demurrer 074
Location: San Mateo
Judge: Weiner, Marie S
Hearing Date: 2023.11.08
Excerpt: ...mber 1, 2023. Defendants demur that these causes of action fail to state facts sufficient to support a claim because Plaintiff Edgewater Holding Corporation has not alleged facts sufficient to support its performance or excuse for nonperformance under the contract. Specifically, Defendants assert that Plaintiff must allege that it first obtained a determination that the damages sued for are not covered by insurance before it may bring these claim...
2023.11.07 Motion to Compel Further Responses, for Monetary Sanctions, Terminating Sanctions 275
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.11.07
Excerpt: ...AY, NOVEMBER 6, 2023. HOWEVER, THE HEARING ON THE MOTION IS CONTINUED TO NOVEMBER 14, 2023 AT 2:00 P.M. FOR ARGUMENT. IF THE TENTATIVE IS NOT CONTESTED, IT WILL BE ADOPTED AT THE NOVEMBER 14, 2023 AT P.M. HEARING. THERE WILL BE NO LAW AND MOTION HEARING ON NOVEMBER 7, 2023. The court rules on plaintiff Michael Joseph Barrett's moton to compel further responses to plaintiff's form interrogatories, set 3 from defendant Jorge Morales and to strike o...
2023.11.06 Demurrer to SAC 367
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2023.11.06
Excerpt: ...Anthony L Webb shall file his Third Amended Complaint no later than December 4, 2023. As a preliminary matter, the demurrer is made on behalf of Defendants Private Defender Program Office ("PDPO"), Lisa Maguire, and Paul Demeester. However, Maguire and Demeester were dismissed on October 27, 2023. The portion of the demurrer made by them is thus moot, and only the portion of the demurrer made by POPO is relevant here. Though the five causes of ac...
2023.11.06 Demurrers, Motion To Strike Punitive Damages 741
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2023.11.06
Excerpt: ...t to Cal. Evidence Code Section 452(d). Fourteenth COA for Breach of Fiduciary Duty OVERRULED. The SAC alleges that Defendant Hillhouse had authority and control over Plaintiff's finances, books, records and accounting documents, and that she handled Plaintiff's money and was entrusted to handle the finances at Plaintiff's law practice. SAC, "5, 171. It also alleges that Defendant Hillhouse had control and access to Plaintiff's American Express C...
2023.11.06 Motion to Award Fees 129
Location: San Mateo
Judge: Swope, Raymond
Hearing Date: 2023.11.06
Excerpt: ... Owner, LLC ("Plaintiff" or "The Marina"). Plaintiff and, collectively, the five Defendants brought cross-motions for summary judgment. Plaintiff partially settled with four of the five defendants, leaving Defendant Matthew Klein ("Defendant" or "Klein") the sole remaining Defendant in the action. The Court granted summary judgment for Plaintiff against Klein and entered the Judgment following its Order Granting Summary Judgment on June 29, 2023....
2023.11.03 Motion to Vacate Order and Terminate Arbitration or for Reconsideration, to Declare Procedural Default 582
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2023.11.03
Excerpt: ...deration, and DENIED in part, with respect to the request to terminate arbitration. Plaintiff's objections to evidence are OVERRULED. In ruling on the previous Moton to Compel Arbitration in this action, the Court held that the issue of default under Cal. Code of Civil Procedure Section 1281.98 for late payment of fees should be decided by the arbitrator. June 10, 2022 Order. Plaintiff asks for that order to be vacated, or in the alternative for ...
2023.11.03 Motion to Compel Arbitration and Stay Action 263
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2023.11.03
Excerpt: ...e Cal. Rules of Ct., rule 3.1300(d); Rancho Mirage Country Club Homeowners Association v. Hazelbaker (2016) 2 cal.App.5th 252, 262-253; Juarez v. wash Depot Holdings, Inc. (2018) 24 cal.App.5th 1197, 1202.) The motion was previously continued to permit Defendant Tesla, Inc. ("Tesla") the opportunity to file br-efing and evidence in reply. Thus, with any potential prejudice now having been averted, the Court has considered Xue's late-filed papers....
2023.11.03 Application for Right to Attach Order and Writ of Attachment 580
Location: San Mateo
Judge: Foiles, Robert D
Hearing Date: 2023.11.03
Excerpt: ...tic Park project. Plaintiff claims that Defendant owes $27,018.10 for trucking services and $6,400.00 for tolls, dump fees, and scale fees which Plaintiff advanced. Plaintiff now applies to this Court for a right to attach order and writ of attachment, seeking to secure the amount of $38,759.91. For the reasons set forth below, Plaintiff's application is DENIED. The Court shall consider the showing made by the parties and shall issue a right to a...
2023.11.02 Motion to Compel Arbitration and Stay Matter 870
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.11.02
Excerpt: ... allege causes of action for elder abuse, negligence, wrongful death, and survivorship. Defendants now mcwe to com#l arbitration, arguing that an arbitration agreement signed on behalf of Decedent contractually binds the parties to adjudicate these claims in binding arbitration. The arbitration agreement at issue is its own agreement, though it was kept together with other paperwork governing Decedent's admission to the facility as a resident. Ga...
2023.11.02 Motion for Summary Judgment 709
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.11.02
Excerpt: ...ng possession of real property, a motion for summary judgment may be made at any time after the answer is filed upon giving five days notice, and shall be granted or denied on the same basis as a motion under Section 437c. Cal. Code of Civil Procedure Section 1170.7. Cal. Code of Civil Procedure Section 437c(b)(1) provides that an MS] "shall be supported by affidavits, declarations, admissions, answers to interrogatories, depositions, and matters...
2023.11.02 Motion for Relief from Any Waiver of Discovery Objections 632
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.11.02
Excerpt: ...ly filed. ld. at S 2031.300. A court may grant relief from waiver if: (1) the party belatedly serves a response substantially compliant with CCP SS 2031.210-2031.240, 2031.280, and (2) filing a noticed motion supported by declarations showing that the delay resulted from mistake, inadvertence, or excusable neglect. ld. Under Local Rule 3.700, parties to a general civil case must participate in an Informal Discovery Conference (IDC) prior to filin...
2023.11.02 Demurrer to SAC 169
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.11.02
Excerpt: ...party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect." (Code of Civ. Proc., S 473, subd. Here, Plaintiff TGA F299 Franklin LLC ("TGA") requests relief from the recent adopted tentatve ruling sustaining Defendants Urban Flat, LLC's and Evan Haskell's demurrer to the Second Amended Complaint and granting leave...
2023.11.02 Demurrer in Present Writ of Mandate 283
Location: San Mateo
Judge: Greenberg, Susan
Hearing Date: 2023.11.02
Excerpt: ...AINED WITH LEAVE TO AMEND based on failure to allege facts sufficient to support a cause of action and uncertainw. Generally, a writ under secton 1085 may only be employed to compel the performance of a duty which is purely ministerial in character. (Transdyn/cresci v. City and County of San Francisco (1999) 72 Cal.App.4th 746, 752.) "A ministerial act is an act that a public officer is required to perform in a prescribed manner in obedience to t...
2023.10.31 Motions to Vacate Court Order for Attorney Fees, for Sanctions 719
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.10.31
Excerpt: ... Pacifica, LLC, Vistamar Development, and Javier Chavarria's (real parties) motion to vacate order granting attorney's fees, filed October 2, 2023 pursuant to Code of Civil Procedure section (the notice states section 633, but the motion states 663, which is the statute dealing with motions to vacate judgment), which seeks to vacate, in part, the Court's August 29, 2023 minute order granting (in part) petitioners' motion for attorney's fees pursu...
2023.10.31 Motion to Continue Trial 275
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.10.31
Excerpt: ...rt, rule 1312 and exercising its discretion. The court starts its analysis with the well- established law that trial dates are firm. "To ensure the prompt of civil cases, the dates assigned for a trial are firm. All parties and their counsel must regard the date set for trial as certain." (Cal. Rules of Court, rule 3.1332.) "It is the duty of the trial court to vigorously insist upon cases being heard and decided in the most timely manner unless ...
2023.10.31 Motion for Terminating Sanctions 366
Location: San Mateo
Judge: Fineman, Nancy L
Hearing Date: 2023.10.31
Excerpt: ... to comply with court orders compelling discovery, including ordering him to appear at deposition, which has resulted in evidence sanctions, and failed to pay monetary discovery sanctons. This court has already issued the following sanctons against defendant: 1. A June 2, 2022 Order compelling further responses to request for production, form interrogatories, and request for admissions, and ordering sanctions of and a January 10, 2023, Order impo...

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