Judge Gerald J. Buchwald (Retired): Comprehensive Profile - Analytics, Rulings, and Recent Cases

DEMURRER
OFF-CALENDAR. This matter was advanced to an earlier Hearing date on February 22, 2018, and at that time heard by Hon. Jonathan Karesh who was sitting as acting Presiding Judge that day. Accordingly, this matter is Ordered Off-Calendar.

MOTION TO COMPEL ANSWERS TO INTEROGATORIES AND dOCUMENT REQUESTS
GRANTED. Defendant (def) William Miller, Jr.’s Motion to Compel Responses to Written Discovery Requests is Granted. Plaintiff (plt) shall provide verified responses, without objection, to the form interrogatories, special interrogatories a...

MOTION TO CONSOLIDATE WITH CASE 16-CIV-01448
· GRANTED. This unopposed Motion to Consolidate actions Tejada v. Mendz, CIV 534120 with Chjolankeril v. Zednem Properties 16 CIV 01448 is Granted. The lead case shall be Tejada v. Mendez, CIV 534120, and all future filings shall be under a consolidated case ...

MOTION for award of attorneys fees and costs as per
CCP Section 998 settlement.
· GRANTED. Plaintiff Beverly M. Vidal’s Motion For Attorneys Fees, Costs, and Expenses is Granted as set forth below.
On January 4, 2017, Defendant Ford Motor Company served a CCP, Section 998 Offer for $100,000. Plain...

9. FOUR SEASONS HOTELS LIMITED’S HEARING ON DEMURRER TO
FIRST AMENDED COMPLAINT.
The Court carries forward its Tentative Ruling of Feb. 21, 2018 as follows:
· HEARING REQUIRED. COUNSEL TO PERSONALLY APPEAR. NO TELEPHONIC APPEARANCES. NO “COVERING” COUNSEL.
· This matter is before the Court foll...

MOTION TO COMPEL responses to document requests
·
HEARING REQUIRED. The Court is unable to post a Tentative Ruling as it has not completed review of this matter. However, the Court will be prepared to Hear the matter as set tomorrow.
COUNSEL TO MEET & CONFER PRIOR TO THE HEARING IN AN ATTEMPT TO R...

Motion for protective order
GRANTED. Defendants De Ritz, LLC and Steve L. Porter’s Motion For Protective Order is Granted as set forth below:
If any party contests this Tentative Ruling, Counsel shall personally appear. No Telephonic Appearances. No “Covering” Counsel. Also, if so contested Counsel, ...

MOTION FOR ORDER DEEMING REQUESTS FOR ADMISSIONS ADMITTED.
· GRANTED. Defendants Kathleen A. Wall, et. al.’s Motion To Have Requests For Admission, Set One, Deemed Admitted is GRANTED. The genuineness of any documents and the truth of any matters called for in said Requests For Admission are deemed Admi...

6. MOTION TO STRIKE (PUNITIVE DAMAGES)
· GRANTED IN PART; DENIED IN PART. Cross-Defendant Fidelity National Title Company’s Motion to Strike portions of David Chan’s and Suzanne Nagy-Chan’s 10-26-17 Third Amended Cross-Complaint (TACC) is GRANTED-IN-PART and DENIED-IN-PART.
· As to the TACC’s allegat...

DEFENDANT’S MOTION TO STAY ACTION PENDING DECISION BY CALIFORNIA SUPREME COURT
· GRANTED. Defendant Felicia Bradley’s unopposed Motion To Stay Action is Granted. See Landis v. North American Co.(1936) 299 U.S. 248 [Cardozo, J.].
· This is a collection action in which Plaintiff SFM-6LLC, an assignee o...

PLAINTIFF’S MOTION TO COMPEL COMPLIANCE WITH SUBPOENA FOR BUSINESS RECORDS
GRANTED. The Motion of Plaintiff Impact Paper and Ink Ltd. (“Impact Paper”) to Compel Compliance with Deposition Subpoena for Business Records from non-party Carl Hanson (“Mr. Hanson”), is Granted. Mr. Hanson shall comply with th...

DEFENDANT COUNTY OF SAN MATEO’S DEMURRER
· SUSTAINED WITH LEAVE TO AMEND. Defendants County of San Mateo’s and Deputy Sheriff J. Piper’s Demurrer to Complaint is Sustained With Leave To Amend. Plaintiff shall file an Amended Complaint within 20 days of this Order.
· This is a personal injury case tha...

PETITION FOR RELIEF FROM GOVERNMENT CODE SECTION 946.4
· DENIED. Petitioner Jette Eiring Williams Petition for Relief from
failure to timely file a Government Tort Claim is Denied.
· This is a Slip & Fall case arising out of an accident in a Municipal parking lot in Burlingame on January 23, 2016,...

CHRISTOPHER ROTH AND YVONNE ROTH’S MOTION TO COMPEL ARBITRATION AND TO STAY
· DENIED. Defendants / Cross-Complainants / Cross-Defendants CHRISTOPHER ROTH and YVONNE ROTH’s Petition to Compel Arbitration is DENIED.
· This is a collection action in which the Plaintiff Geo Grout Ground Modification Spec...

DEFENDANT KURT TASER’S DEMURRER
OFF-CALENDAR. The action having been Dismissed Without Prejudice as against Defendant Kurt Taser On February 7, 2018, this matter is now Moot and is Ordered Off-Calendar.

DEFENDANT BGSM, INC.’S MOTION TO STRIKE PORTIONS OF PLAINTIFFS' COMPLAINT
· DENIED. Defendants BGSM, Inc.[who claims to have been erroneously sued as KW Keller Williams Peninsula Estates], Jean Tzu-Chin Hsia, and David Tawei Hsia (hereafter, collectively, the “Broker Defendants”)’s Motion To Strike the ...

HEARING ON DEFENDANTS’ DEMURRER
OFF-CALENDAR. This Case having been recently designated Complex Civil by the Presiding Judge (Hon. Susan Etezadi) and re-assigned to Dept. 2 (Hon. Marie Weiner) for all purposes, this matter is Ordered Off-Calendar. Counsel for the Parties to contact the Courtroom Clerk i...

TO SET HEARING ON MOTION FOR SUMMARY JUDGMENT
HEARING REQUIRED. Counsel To Inform The Court As To The Status Of Defendant’s Criminal Case. Also, Counsel To Meet & Confer And Be Prepared To Propose A Suitable Hearing Date. The Court Has Available For A Summary Judgment Motion Hearing The Dates Of March 2...

DEFENDANT/CROSS-COMPLAINANT PANALPINA, INC.'S MOTION FOR SUMMARY JUDGMENT/ADJUDICATION OF ISSUES
HEARING REQUIRED. As the Court has not completed its review of these Summary Judgment Motions, it is not able to post a Tentative Ruling at this time. However, the Court will be prepared to hear the matter, ...

DEFENDANTS’ MOTION TO SET ASIDE DEFAULT/JUDGMENT
· DENIED. Defendants Daniel and Lionid Yanovsky’s Motion to Set Aside Default and Default Judgment is DENIED. The Motion is untimely as to any and all grounds for relief.
· This is a subrogation action. Plaintff State Farm seeks to recover $8,750 paid ...

DEFENDANT/CROSS-COMPLAINANT CRAFT BUILDERS, INC.MOTION FOR GOOD FAITH SETTLEMENT
· HEARING REQUIRED. COUNSEL FOR PLAINTIFF, THE SEPARATELY SETTLING DEFENDANT, AND ANY PARTY OBJECTING TO THE SETTLEMENT SHALL PERSONALLY APPEAR. NO TELEPHONIC APPEARANCES. NO “COVERING COUNSEL”. SPECIAL MASTER ROBERT BELLAG...

MOTION TO SET ASIDE DISMISSAL AND FOR ENTRY OF JUDGMENT PURSUANT TO STIPULATION
· GRANTED. Plaintiff Bank of America’s unopposed Motion To Vacate Dismissal is Granted.
· This is a collection action in which Bank of America seeks recovery of unpaid credit card charges of approximately $10,000.
· On...

PLAINTIFF’S MOTION TO QUASH/MODIFY DEFENDANT/CROSS-COMPLAINANT XPO GF AMERICA, INC.’S DEPOSITION SUBPOENA TO JAS AND REQUEST FOR SANCTIONS
· CONTINUED TO MARCH 6, 2018 AT 9:00 AM. By stipulation, Counsel for the Parties having jointly requested a Continuance and the Court having so Ordered on February 9...

Motion to Compel & Request for Sanctions
The Court carries forward its previously posted Tentative Decision, posted for the original Dec. 14, 2017 Hearing date, as follows:
· GRANTED. Defendants and Cross-Complainants’ opposed Motion to compel Plaintiff Agni Avoyan to have Steven McIntire, M.D. compl...