Excerpt: ....310.) On June 17, 2019, defendants filed answers and no advice of counsel defense was asserted. Since the inception of the case, the action has been vigorously litigated. There have been over 40 hearings on motions, case management conferences and informal discovery conferences, and the docket contains over 550 entries. On December 1, 2020, this case was assigned to the Hon. Nancy L. Fineman for all purposes. The court held its first pretrial co...

Excerpt: ...ext, Inc. to provide a further account is GRANTED. Plaintiff and Cross defendant Open Text, Inc. shall serve a further account no later than ten (10) days after service of written notice of the formal order. Defendant and Cross-complainant Michelle Beasley's request for an order appointing a referee to hear and decide an issue or specific question of fact is DENIED. A. Procedural Background On March 8, 2023, Beasley served a demand for a bill of ...

Excerpt: ...e suspension or disabling in all circumstances." (MPA, p.2.) Defendant also contends that collateral estoppel bars Plaintiff from seeking monetary damages because the federal district court's decision dismissing Plaintiff's Complaint in King v. Facebook, Inc. (N.D. Cal. 2021) 572 F.Supp.3d 776 has determined that Plaintiff cannot allege a claim for monetary relief. In King v. Facebook, Inc., 572 F.Supp.3d at 790, the federal district court determ...

Excerpt: ...on brief is single-spaced, which violates California Rules of Court, Rule 2.108. In its discretion, the Court has chosen to overlook this procedural defect in this instance. The Court will expect Plaintiff to strictly comply with the Rules of Court going forward. Plaintiff has not highlighted/marked the relevant portions of the deposition transcripts. Plaintiff has filed deposition testimony in support of her Opposition papers, but has not highli...

Excerpt: ...ion of Katie Fones "in its entirety" is overruled. Objections to evidence must be specific. (Evid. Code Sect. 353, subd. (a); Coit Drapery Cleaners, Inc. v. Sequoia Ins. Co. (1993) 14 Cal.App.4th 1595, 1611.) The objection to the entirety of the declaration on the ground that "reasonably equivalent value" is not susceptible to ex#rt testimony is overbroad and non-specific. Further, the Fones Declaration never provides an opinion on what constitut...

Excerpt: ...the "SAC") asserts nine causes of action against Defendant County of San Mateo (the "County") and one hundred unnamed employees of the County for their respective roles in the alleged sexual abuse committed by Probation Officer John Domeniconi of Plaintiff Jane DT Doe while the latter was a minor. The County moves here for an order striking the entirety of the SAC for Plaintiff's failure to file timely certificates and obtain court approval—as ...

Excerpt: ...d notify Department 4 and all other parties by 4:00 p.m. on August 21, 2023. In these motons in these related cases, defendant/judgment debtor Josefina A. Manalo seeks pursuant to Code of Civil Procedure section 473 to vacate the clerk's judgments confirming orders of the Labor Commissioner on the basis of fraud and for a new trial pursuant to Code of Civil Procedure secton 657. Both the Labor Commissioner and plaintiffs/judgment creditors agree ...

Excerpt: ...lass Action Settlement Agreement (2) Approval of Notice to Class Members and Related Materials; (3) Approval of Settlement Administrator; and (4) Setting Hearing For Final Approval of Settlement ("Motion") is ruled upon as follows. The Court appreciates the work engaged in by the parties in revising its requests for approval. The Court has conducted an independent review of the request to determine whether the settlement is fair, reasonable and a...

Excerpt: ... Coalition for Pacificans for an Updated Plan and Kristen Cramer (plaintiffs) filed this action which inwlves a CEQA challenge to a proposed project called Vista Mar located in Pacifica, California ("the Project"). Both plaintiffs sued on both causes of action. Plaintiffs sued the City of Pacifica (the City) and real parties in interest Monterey Road Pacifica, LLC, Vistamar Development, and Javier Chavarria (real parties). On January 21, 2021, th...

Excerpt: ...(California Rule of Court, rule 3.1320(g); Code of Civ. Proc., S 472b.) If Plaintiff decides not to amend, Plaintiff's counsel shall so notify defense counsel and the parties shall meet-and-confer on a date where defendant County of San Mateo's answer is due. Plaintiff John JV Doe's Request for Judicial Notce is GRANTED. Defendant County of San Mateo's Request for Judicial Notice is GRANTED. The Second Amended Complaint (the "SAC") asserts nine c...

Excerpt: ...elf when he fell through an inadequately secured piece of plywood flooring. Plaintiff served Bomel with Set One of his Requests for Admission ("RFAs"), which included the three requests (the "subject RFAs") at issue: Request Number 39: Admit that YOLI were the creating employer pursuant to Labor Code S 6400 at the time of the SUBJECT INCIDENT. Request Number 40: Admit that YOU were the controlling employer pursuant to Labor Code S 6400 at the tim...

Excerpt: ... to Form Interrogatories that were served in November 2021. The Court granted Defendant's motion to compel verified responses and ordered Plaintiff to provide verified responses and to pay a monetary sanction of $5,101.00 "within fourteen days of notice of entry of this order." (Order, April 26, 2023 (filed May 1, 2023.) Defendant served Notce of Entry of Order on May 3, 2023. As of the date Defendant filed the present motion on June 14, 2023, Pl...

Excerpt: ...ended Complaint ("SAC") by Plaintiffs Lori Slicton ("Slicton") and George Buckingham ("Buckingham") (also collectively "Plaintiffs"), is ruled on as follows: (1) The Demurrer is OVERRULED on the ground that Slicton fails to allege an adverse employment action in support of her claims. "Adverse employment actons are not limited to ultimate actions such as termination or demotion." (Judicial Council Of California Civil Jury Instructon 2509.) "An ad...

Excerpt: ... across the parking area, an unknown third-party assaulted Plaintiff, who then asked a manager at the hotel to call the police. The manager allegedly refused. Plaintiff brings this action against Defendants as the owners and operators of the hotel, alleging inter alia that they were negligent in failing to provide adequate lighting in the parking area, and should have known of the danger posed to Plaintiff by the unknown third-party. On December ...

Excerpt: ...r responses to the Special Interrogatories is GRANTED as to Special Interrogatory Nos. 1-3, 6-10, 15, 17, 22-23, and 25-26, and DENIED as to Special Interrogatory Nos. 12-14, and 19. Within three weeks of this Order, Plaintiff shall serve further, written responses, without objections, to Special Interrogatory Nos. 1-3, 5-10, 15, 17, 22-23, and 25-26. All objections to these Interrogatories are overruled. Because Nos. 12-14, and 19 contain typogr...

Excerpt: ...tate and International Depositions and Subpoena Discovery Act, a motion to enforce a subpoena may be filed in the superior court for the county in which the discovery is to be conducted, and shall comply with the rules and statutes of this state. Cal. Code of Civil Procedure Section 2029.3CL Here, Petitioners' California subpoena was served on Respondent Meta Platforms, Inc. on May 9, 2023. Franklin-Murdock Decl., 97, Exh. E. Respondent thereafte...

Excerpt: ... LS Home Development, LLC from the SAC on the grounds that the new y added defendant and cause of action exceed the scope of the amendment #rmitted by the Court in its ruling on Defendants' demurrer to Plaintiff's First Amended Complaint. Generally, where a court grants leave to amend after sustaining a demurrer, the scope of permissible amendment is limited to the causes of achon to which the demurrer has been sustained: "[Sluch granting of leav...

Excerpt: ...intiff is reminded to comply with California Rules of Court and Local Rules of Court regarding electronically filed documents. Specifically, exhibits must be bookmarked. (CRC Rule 3.1110(f)(4) ["electronic exhibits must include electronic bookmarks with links to the first page of each exhibit and with bookmark titles that identify the exhibit number or letter and briefly describe the exhibit"]; San Mateo County Superior Court Local Rule 3.3 [same...

Excerpt: ...hrough fourth causes of action asserted in Plaintiffs First Amended Complaint on the grounds that the causes of action were barred by the two-year statute of limitations applicable to claims for breach of an oral contract under CCP S 339.1. (1/19/23 Minute Order.) The Court noted that Plaintiff did not dispute that the two-year statute of limitations was applicable, but rather contended that the claim was timely under the continuous accrual doctr...

Excerpt: ...Complaint is DENIED. Defendants shall file and serve their Answers to the Complaint on or before September 1, 2023. Evidence and facts external to the Complaint cannot be considered on a Motion to Strike. In their briefing, both parties assert arguments based on the "Traffic Collision and other supposed "evidence," including a declaration from Plaintiff's counsel. None of this, however, is part of the Complaint. On a Motion to Strike, the Court o...

Excerpt: ... Civil Procedure Section 340.5, which begins to run after the plaintiff discovers, or through the use of reasonable diligence should have discovered, the injury. See MP&A ISO Motion, 5:6-8; Opp. 2:16-20. As used in Section 340.5, discovery of the injury means discovery of both the physical condition and also the negligent cause of condition; it refers to the damaging effect of the alleged wrongful act and not the act itself, and no cause of actio...

Excerpt: ...assaulted at defendants' massage franchise, and she asserts numerous causes of action and requests punitive damages. Defendants bring this Motion to Strike parts of Plaintiff's First Amended Complaint ("FAC"), seeking to remove "all language regarding fraud, misrepresentation, concealment, and conspiracy." (Memorandum of Points and Authorities in Support of Motion to Strike ("MPA") at 4.) Specifically, inter alia, Defendants request that the Cour...

Excerpt: ... p.m. on August 21, 2023. In these motions in these related cases, defendant/judgment debtor Josefina A. Manalo seeks pursuant to Code of Civil Procedure section 473 to vacate the clerk's judgments confirming orders of the Labor Commissioner on the basis of fraud and for a new trial pursuant to Code of Civil Procedure section 657. Both the Labor Commissioner and plaintiffs/judgment creditors agree that there was an error in having two judgments e...

Excerpt: ...In a civil cause a jury may be waived by the consent of the parties expressed as prescribed by statute." One such statute, section 631, states that "[iln civil cases, a jury may only be waived pursuant to subdivision (f)." (Code Civ. Proc., S 631, subd. (a).) Subdivision (f) then enumerates the ways in which "[a] party waives trial by jury ... One way is "[b]y failing to timely pay the fee described in subdivision (b), unless another party on the...

Excerpt: ...r to specified causes of action or defenses." Defendants' has failed to failed to comply with this rule. The court overlooks that deficiency because plaintiffs have not raised it, but it has made it more difficult for the court to review the demurrer. Plaintiffs object that the demurrer was untimely, but in its discretion, the court is considering the demurrer because there is no prejudice to plaintiffs. Further, it appears that defendants made a...