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2024.03.28 Motion for Leave to File SAC 094
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.03.28

Excerpt: ...sdiction and on real property subject to the County's ownership or control....” (FAC ¶16.) “Private property may be taken or damaged for a public use and only when just compensation, ascertained by a jury unless waived, has ﬁrst been paid to, or into court for, the owner. The Legislature may provide for possession by the condemnor following commencement of eminent domain proceedings upon deposit in court and prompt release to the owner of ...

2024.03.27 Motion to Enforce Settlement 307
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.03.27

Excerpt: ...ompromise and release. Defendants were supposed to pay Smith 20 quarterly payments in varying amounts over the course of ﬁve years. Defendant made a single payment of $3,000 in March 2023 and nothing since. The settlement agreement contains an enforcement provision pursuant to CCP §664.6. (Exhibit 1, Section 9.) Plaintiff Smith moves pursuant to CCP §664.6 to enforce the settlement agreement. LAW AND MOTION TENTATIVE RULINGS DATE: MARCH 27, 2...

2024.03.26 Motion for Attorney Fees 424
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.03.26

Excerpt: ...aring related to its effort to impose a 47% rent increase on its residents. This Court sustained a demurrer ruling that the park owner had failed to join the park's residents as parties. An appeal followed, then a remand, which resulted in the case's dismissal with prejudice. Defendant then ﬁled a motion for attorneys' fees based upon CCP §1021.5 which was granted. The park owner unsuccessfully appealed that ruling, and this motion seeks the A...

2024.03.25 Petition for Relief from Government Claims Act 388
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.03.25

Excerpt: ...claration from his counsel. On March 17, 2023, Petitioner was followed home by police officers from the Scotts Valley Police Department. (“SVPD”) for a nonfunctional front headlight (Dec. of Nordgreen at ¶ 1 and Opp at pg. 2.) An incident ensued and initially Petitioner was charged with a misdemeanor, but that charge was later dropped after his attorney became involved. (Dec. of Nordgreen at ¶ 3.) On March 29, 2023, Petitioner called the SV...

2024.03.25 Motion to Consolidate 539
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.03.25

Excerpt: ... unnecessary costs or delay. A consolidation of actions does not affect the rights of the parties. The purpose of consolidation is merely to promote trial convenience and economy by avoiding duplication of procedure, particularly in the proof of issues common to both actions. (Wouldridge v. Burns (1968) 265 Cal.App.2d 82, 86.) Whether to consolidate rests in the sound discretion of the trial court and will not be disturbed on appeal except upon a...

2024.03.22 Demurrer 380
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.03.22

Excerpt: ...bel, slander and false light invasion of privacy. A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) When considering demurrers, courts read the allegations liberally and in context. (Taylor v. City of Los Angeles Dept. of Water and Power (2006) 144 Cal.App.4th 1216, 1228.) The court “treat[s] the demurrer as admitting all material facts properly pleaded, but not con...

2024.03.21 Motion to Strike, for Bifurcation 609
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.03.21

Excerpt: ...r declaratory relief (against all Defendants). Plaintiffs seek a preliminary and permanent injunction restraining the Vorises' use of the ﬁrst and second level decks; for an order compelling removal of the ﬁrst and second level decks, for a declaration that the Vorises' property's deed created an equitable servitude that restricts construction of structure within the setback area identiﬁed in the deed; for a declaration that use of the ﬁr...

2024.03.20 Petition for Writ of Mandate 517
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.03.20

Excerpt: ...ejected on the merits. • Petitioner's second action (21CV00537) asserted a challenge to the November 2020 approval of an amendment to the PWS EIR. The case was dismissed on demurrer based on the statute of limitations. • Petitioner's third action (21CV02699) challenged the October 2021 adoption of an addendum regarding minor design changes. It was dismissed for failure to ﬁle a timely Request for Hearing. In this action, Petitioner challeng...

2024.03.20 Demurrer 605
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.03.20

Excerpt: ...physical injury. (Please see attached detailed information.)” • Intentional tort: “Defendants maliciously and intentionally applied restraints in a manner contrary to accepted practice causing Plaintiff to suffer a permanent physical injury. (Please see attached detailed information.)” • Premises Liability: “Defendants improperly applied restraints and dragged Plaintiff down a set of stairs. (See attached detailed account.)” • Exe...

2024.03.19 Motion for Trial Preference 805
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.03.19

Excerpt: ...makes both the following ﬁndings: (1) The party has a substantial interest in the action as a whole. (2) The health of the party is such that a preference is necessary to prevent prejudicing the party's interest in the litigation. (Empasis added.) In support of this request, Plaintiff submits a declaration from her counsel stating upon information and belief that Plaintiff is 72 years of age, suffers from high blood pressure, diabetes, and had ...

2024.03.14 Demurrer, Motion to Strike 562
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.03.14

Excerpt: ...nt (“FAC”) on November 27, 2023. Defendant has again brought a demurrer and motion to strike. Plaintiff alleges the following causes of action in his FAC: (1) Fraud - Concealment; (2) violation of Business and Professions Code section 17200; (3) violation of the Song -Beverly Consumer Warranty Act - Breach of Express Warranty; (4) violation of Song -Beverly Consumer Warranty Act - Breach of Implied Warranty; and (5) violation of Song -Beverly...

2024.03.14 Motion for Stay 094
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.03.14

Excerpt: ...y be taken or damaged for a public use and only when just compensation, ascertained by a jury unless waived, has ﬁrst been paid to, or into court for, the owner. The Legislature may provide for possession by the condemnor following commencement of eminent domain proceedings upon deposit in court and prompt release to the owner of money determined by the court to be the probable amount of just compensation.” (Cal. Constitution, Art. I, Section...

2024.03.14 Motion to Declare Vexatious Litigant 552
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.03.14

Excerpt: ...attempt to relitigate issues previously litigated against them, may be barred from ﬁling new lawsuits without prior leave of court. (CCP §§391 -391.7.) Any person who “commences, institutes or maintains” an action in pro per may be determined to be a vexatious litigant. §391(d). There are ﬁve bases set forth in §391(b) for declaring a person a vexatious litigant. The plaintiff's conduct must fall within one of these categories, and th...

2024.03.14 Petition to Compel Arbitration 110
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.03.14

Excerpt: ...o Defendant at the time of sale. Plaintiffs claim that Defendant could not repair the vehicle to alleviate or repair the defect and should now replace the car or make restitution to Plaintiffs. Plaintiffs' causes of action: 1. Violation of Civil Code §1793.2(d) (Song- Beverly Act): failure to service the vehicle to conform to the applicable express warranties after a reasonable number of opportunities 2. Violation of Civil Code §1793.2(b): fail...

2024.03.13 Motion to Set Aside Dismissal and Enter Judgment Pursuant to Stipulated Settlement 257
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.03.13

Excerpt: ...n August 15, 2023. Pursuant to the Agreement, the parties stipulated that judgment would be entered in favor of Plaintiff and against defendant in the principal amount of $3,771.83 (principal), plus costs in the amount of $314.00. The judgment was to be stayed and no judgment would be entered so long as Defendant timely and properly made all payments as agreed. (Settlement Agreement at ¶¶ 1 -5.) The Agreement contained a clause which permitted ...

2024.03.08 Motion for Summary Judgment 275
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.03.08

Excerpt: ...estrian- automobile accident, when he was struck by a vehicle driven by a Santa Cruz City Schools employee. Plaintiff is in pro per. Her handwritten complaint, ﬁled 6/10/20, fails to plead that she presented any timely government claim. I. DEFENDANT'S MOTION Defendant moves for summary judgment on the grounds no government claim was presented. It presents the following undisputed facts: Plaintiff's Complaint includes a single cause of action fo...

2024.03.07 Petition for Writ of Mandate 683
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.03.07

Excerpt: ...Santa Cruz (“City”), and the County of Santa Cruz (“County”) -- challenge the Regents' September 30, 2021 approval of the 2021 Long Range Development Plan (“LRDP”) for the UCSC campus, the certiﬁcation of the related EIR, and other related approvals (hereinafter referred to as the “LRDP Approvals”). Petitioners assert that the Regents violated a variety of substantive and procedural requirements of CEQA in relying on a defective...

2024.03.07 Motion to Tax Costs 347
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.03.07

Excerpt: ...ings (“Grow Holdings”), and of Quay Hays and Grow Land & Water, is denied as untimely. (CRC 3.1700(b)(4).) Grow Holdings is awarded $1,477.22. Quay Hays and Grow Land and Water are awarded $19,505.22. ANALYSIS: Prevailing parties are entitled to recover certain categories of costs as a matter of right. (CCP §1032.) Certain items of costs are speciﬁcally allowable, while others are speciﬁcally prohibited under CCP §1033.5(a)(b). The cour...

2024.03.07 Motion for Preliminary Injunction 238
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.03.07

Excerpt: ...r future caregivers, as both are elderly, and that they have obtained approval for the proposed ADU from both the City of Santa Cruz and the Coastal Commission. The properties at issue are located on West Cliff Drive (the property owned by the Defendants) and Manor Avenue (the property owned by Plaintiff.) A First Amended Complaint was ﬁled on February 15, 2024, alleging: 1. Violation of Public Resources Code section 30251. 2. Nuisance. 3. Cove...

2024.03.07 Motion for Attorney Fees 347
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.03.07

Excerpt: ...8 -day trial. The jury's verdict found Defendants liable for Plaintiffs' claims for breach of contract, breach of the implied covenant of good faith and fair dealing and ﬁndings as to ﬁduciary duties owed by Defendant Torres. Following the jury trial, a court trial proceeded on the issues of alter ego and prejudgment interest. The Court ruled that Quay Hays, Grow Land and Water, and Green Renewable Organic and Water Holdings (“Grow Holdings...

2024.03.07 Application for Preliminary Injunction 139
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.03.07

Excerpt: ...iness practices, breach of the covenant of good faith and fair dealing, fraud, negligent misrepresentation and negligent training and supervision. On April 2, 2019, a notice of conditional settlement was ﬁled and on May 21, 2020, the parties entered in a stipulation for dismissal and order. The case was dismissed with prejudice but the Court retained jurisdiction pursuant to Code of Civil Procedure section 664.6 to enforce the terms of the sett...

2024.03.06 Motion for Terminating Sanctions 293
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.03.06

Excerpt: ...rended the Plaintiffs' car. On 8/4/23, this Court granted Plaintiffs' attorney's motion to be relieved, on the grounds there were communication issues and his clients had not cooperated with prosecuting the case. Plaintiffs have failed to respond to any discovery in this action. As a result, Defendant Ortega Berry Farms asks this Court to dismiss their cases, or in the alternative, impose further LAW AND MOTION TENTATIVE RULINGS DATE: MARCH 6, 20...

2024.02.29 Petition to Compel Arbitration 051
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.02.29

Excerpt: ...l arbitration must establish the existence of a written arbitration agreement between the parties. Code of Civ. Proc. § 1281.2. In ruling on a motion to compel arbitration, the court must ﬁrst determine whether the parties actually agreed to arbitrate the dispute, and general principles of California contract law help guide the court in making this determination. (Mendez v. Mid -Wilshire Health Care Center (2013) 220 Cal.App.4th 534, 541.) No ...

2024.02.29 Petition for Writ of Mandate 517
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.02.29

2024.02.29 Motions to Compel Further Responses, for Monetary Sanctions 609
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.02.29

Excerpt: ...23, Defendants propounded approximately 50 requests for production each to three non- parties: 763 Las Olas Drive Member LLC, Ann Tsukamoto and Irving Weissman. A party seeking documents from a nonparty “must articulate speciﬁc facts justifying the discovery sought; it may not rely on mere generalities.” (Board of Registered Nursing v. Superior Court (2021) 59 Cal.App.5th 1011, 1039 (2021).) Courts must assess a party's justiﬁcations ...

2024.02.28 Motion to Compel Further Responses 639
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.02.28

Excerpt: ...�led on October 18, 2023. There are nine causes of action alleged: wrongful termination, retaliation, failure to pay overtime, failure to pay wages, failure to pay ﬁnal wages, failure to reimburse, failure to provide accurate wage statements, and intentional inﬂiction of emotional distress and civil penalties pursuant to private attorney general's act. Defendants answered on November 8, 2023. On November 15, 2023, Plaintiff propounded discove...

2024.02.27 Motion to Augment Record, Petition for Writ of Mandate 082
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.02.27

Excerpt: ...w mailing envelope with postage meter stamped dated January 24, 2023. SAR 42 -46 January 30, 2023 Motion to Vacate the January 24, 2 -23 Administrative Per Se Refusal Notiﬁcation of Findings and Decision. SAR 47 January 30, 2023 Fax conﬁrmation for San Jose Driver Safety Office. SAR 48 January 30, 2023 Fax conﬁrmation for DMV Legal Affairs Division. SAR 49 -50 UPS Next Day Air shipping labels for DMV San Jose Driver Safety Office and Divisi...

2024.02.27 Motion for Attorney Fees 053
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.02.27

Excerpt: ...t Plaintiff failed to provide the Agreement in support of its motion, failed to provide invoice support for the charged fees, and failed to distinguish which fees were related to various events in the case (contempt motion, summary judgment, etc.). LAW AND MOTION TENTATIVE RULINGS DATE: FEBRUARY 27, 2024 TIME: 8:30 A.M. Page 4 of 14 The Court's original order did not approve fees and costs associated with the entire action, only the OSC contempt ...

2024.02.27 Motion for Leave to File FACC, to Appoint Discovery Referee 416
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.02.27

Excerpt: ...o the sound discretion of the Court. (CCP §§ 473(a) (1) and 576.) Courts may permit amendments at any stage in the proceedings, up to and including trial, so long as there is no prejudice to the adverse party. (Atkinson v. Elk Corp. (2003) 109 Cal.App.4th 739, 761.) Leave may be denied if there was unwarranted delay in seeking it, or it would prejudice the opposing party, such as by delay in trial, loss of critical evidence, or added costs of p...

2024.02.22 OSC Re Contempt, Fines, Incarceration and Sanctions, or for Evidentiary, Terminating Sanctions 735
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.02.22

Excerpt: ...empt and ﬁned, incarcerated and sanctioned for her willful disobedience of the Court's orders of 10/23/23 and 12/18/23 regarding her continued deposition dates. Defendant further moves for evidentiary and/or terminating sanctions for Plaintiff's repeated violations of the Discovery Act and refusal to comply with court orders. Defendant seeks monetary sanctions in the amount of $4,920 for the costs and fees incurred in bringing this motion. Plai...

2024.02.22 Motion for Protective Order 844
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.02.22

Excerpt: ...aintiff seeks to depose a corporate president, or corporate officer at the apex of the corporate hierarchy, absent a reasonable indication of the officer's personal knowledge of the case and absent exhaustion of less intrusive discovery methods." (Liberty Mutual Ins. Co. v. Superior Court (1992) 10 Cal.App.4th 1282, 1287.) "[T]he trial court should ﬁrst determine whether the plaintiff has shown good cause that the official has uniqu...

2024.02.22 Demurrer 839
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.02.22

Excerpt: ...er the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) When considering demurrers, courts read the allegations liberally and in context. (Taylor v. City of Los Angeles Dept. of Water and Power (2006) 144 Cal.App.4th 1216, 1228.) The court “treat[s] the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law ....” (Berkley v. Dowds (2007) 152 ...

2024.02.20 Motion to Amend Judgment 786
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.02.20

Excerpt: ...ectly controlled the wages, hours, or working conditions of the affected workforce of the judgment debtor. (Labor Code §200.3(2)(3); Declaration of Mohsin, ¶¶2 -17; Declaration of Ali Ammar, Exhibits A through L.) Further, no opposition was ﬁled as to any of these entities. The motion is denied as to Zalo Holdings LP on the grounds that there is insufficient evidence that it uses substantially the same facilities or substantially the same wo...

2024.02.16 Special Motion to Strike Complaint, Demurrer, Motion to Strike 971
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.02.16

Excerpt: ...verned by various recorded Covenants, Conditions and Restrictions (“CC&R”) and managed by the Pajaro Dunes Association (“Association”). Changes to properties must be proposed to the Association Board and/or Design Committee in accordance with the CC&Rs. (Complaint ¶¶4 -5; Request for Judicial Notice.) At some point prior to June 2022, Plaintiffs applied to remodel the interior of the home and construct multiple decks. In June 2022, the ...

2024.02.15 Motion to Compel Responses, for Monetary Sanctions 765
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.02.15

Excerpt: ...signed. (Beene Decl., ¶¶10- 15). Defendants never responded to the discovery prior to the ﬁling of this motion. Defendants ﬁled an untimely Opposition to the motion, six court days after the ﬁling deadline, contending they have suggested many times to Plaintiff's counsel how they thought he should “remedy” the situation, but that they would not respond to the discovery. Defendants fail to provide any declaration or any form of actual ...

2024.02.14 Motion to Vacate Order to Arbitrate 531
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.02.14

Excerpt: ... Obviously, it was not something that could be adjudicated at a case management conference. LAW AND MOTION TENTATIVE RULINGS DATE: FEBRUARY 14, 2024 TIME: 8:30 A.M. Page 4 of 6 The issue is whether EFAA's prohibition to arbitrate sexual harassment claims applies to cases in which the harassment and termination occurred prior to its enactment, as is the case here. Plaintiff asserts yes, because the act states it applies to disputes, and this dispu...

2024.02.14 Demurrer 614
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.02.14

Excerpt: ...es, plants, seeds, and ﬁrewood to the public. (Complaint at ¶ 1.) Plaintiff alleges that in the years after the CZU Complex ﬁre, several trees, and tree limbs had fallen on the property. While trimming and bucking trees, a dead and decaying limb from an overhanging tree fell and struck Plaintiff, breaking his spine and causing permanent paralysis. (Complaint at ¶ 2.) At the time of the incident, Plaintiff alleges he was an employee of Defen...

2024.02.13 Motion to Compel Site Inspection 609
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.02.13

Excerpt: ...m Deendants' new decks block their views, which violates the deed restrictions on the property because the decks intrude into the setback, and violates their privacy because anyone on the elevated decks can look directly into their homes and yards. (TAC ¶¶ 1, 47-50, 53-55) Deendants began construction in late 2021. (TAC ¶¶ 20, 36.) Plainti¯s contend that the plans submitted to the County or the project included misleading inormation reg...

2024.02.09 Demurrer to FAC 360
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.02.09

Excerpt: ...BACKGROUND: Plainti¯ Sungrown brought a complaint for negligence, negligence per se, trespass, conversion, tortious interference with contractual relations, and injunctive relief based on the allegation the County has been incorrectly testing for THC in commercial hemp crops since 2019. This resulted in Plainti¯'s loss of 15 acres of commercial hemp. LAW AND MOTION TENTATIVE RULINGS DATE: FEBRUARY 9, 2024 TIME: 8:30 A.M. Page 2 of 9 Following...

2024.02.09 Motion to Compel Responses 986
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.02.09

Excerpt: ...he Opposition, the discovery responses and documents at issue were served on January 7, 2022. (Dec. of Cornejo at ¶ 7.) Plainti¯s never met and conferred. (Dec. of Cornejo at ¶ 9.) Plainti¯'s motion is procedurally defective and untimely. Code of Civil Procedure section 2031.310, which governs motions to compel further responses to inspections, requires that such motions be Þled and served within 45 days of service of the responses. “The...

2024.02.09 Demurrer, Motion to Strike 547
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.02.09

Excerpt: ...perly identify the nature of the claim and parties a¯ected. Ibid. Where the complaint is so confusing defendant cannot tell what it must answer for, then a demurrer may be appropriate. (Ibid., citing Williams v. Beechnut Nutrition Corp. (1986) 185 Cal.App.3d 135, 139, fn. 2; see also CCP §430.10(f).) The Complaint appears to be nearly identical to the deÞcient complaint in 23CV01083 (which Plainti¯ voluntarily dismissed on 10/27/23 instead ...

2024.02.07 Demurrer 653
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.02.07

Excerpt: ...ages.” Plainti¯'s complaint is very poorly drafted and is, in some instances, virtually unintelligible. There are missing words, improper tense, and the grammar and syntax is poor. It is thus di¯icult to decipher what Plainti¯ is alleging at various points within the complaint. “Plainti¯'s primary allegation is that [Santa Cruz County] Ordinance 7.38 has lost sight of State's mandate requiring Plainti¯ to be allowed to the (sic) pra...

2024.02.05 Demurrer 035
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.02.05

Excerpt: ... was recorded, clouding title to Plainti¯'s property. In the FAC, Plainti¯ is requesting the court “to review the validity of document 2007- 0015834 dated March 23, 2007 and document 2007-0018873. Plainti¯ requests entry of an Order that document 2007-0015834 is not acknowledged, it is a forged documents and cannot be recorded, and therefore is to be removed from the Santa Cruz County recorders records along with document 2007-0018873. Th...

2024.01.31 Demurrer 837
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.01.31

Excerpt: ...ainti¯ and his parents, and Myers recommended that Plainti¯ participate in the Travelling School Summer Program, which Myers supervised and was part of the District. (FAC at ¶ 19.) Based upon Myers's recommendation, Plainti¯ participated in the Traveling School Summer Program in 1983. It was at this time Plainti¯ alleges he was groomed for abuse, sexually assaulted, and abused by Myers. (FAC at ¶ 18.) Myers is alleged to have had studen...

2024.01.30 Motion to Compel Verified Responses 746
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.01.30

Excerpt: ...issions, and Demand for Production of Documents and monetary sanctions as to Plainti¯s Sheryl Lynn Vollers Pinard and Alfred Pinard, III. LAW AND MOTION TENTATIVE RULINGS DATE: JANUARY 30, 2024 TIME: 8:30 A.M. Page 2 of 3 On October 5, 2023, Defendants' counsel served form interrogatories, requests for admissions (counsel in his declaration states his o¯ice served special interrogatories but a reference to special interrogatories only appears...

2024.01.29 Motion to Bifurcate 631
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.01.29

Excerpt: ...ir Plan (“CPF”). The Þrst amended complaint alleges breach o the implied covenant o good aith and air dealing; the causes o action or aiding and abetting, and civil conspiracy were dismissed without prejudice on October 5, 2022. Beore the court is Plainti¯'s Motion or Biurcation to Permit Court Trial Regarding the Validity and Enorceability o Ms. Mapel's Insurance Policy. The motion is made pursuant to Code o Civil Procedure se...

2024.01.29 Motion for Attorney Fees 892
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.01.29

Excerpt: ...gment “nunc pro tunc” to include Plainti¯'s attorney's fees. Counsel claims four hours of time at $200.00/hour or $800.00. Attached to the motion is a declaration from counsel Harlan Reese who states that he is only seeking compensation for four hours of work even though he spent more time. A review of the Court Þle shows default judgment was entered on March 10, 2020, based upon Plainti¯'s written declaration, in the amount of $8,781.91...

2024.01.26 Motion for Judgment on the Pleadings 638
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.01.26

Excerpt: ...n the sidewalk while falling forward and injuring her shoulder, neck, hip and back. The accident happened at the intersection [of] Pelton Avenue and Lighthouse Avenue." In connection with this cause of achon she alleges negligence, willful failure to warn, and dangerous condition of public property. Defendant filed its Answer on June 27, 2023. Defendant now brings a motion for judgment on the pleadings on the grounds that Plaintiff failed to comp...

2024.01.25 Motion for Reconsideration 838
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.01.25

Excerpt: ...vice on the parties on November 13, 2023. Therefore, any motion to reconsider the court's order must have been filed by November 23, 2023. The Notice of Entry of Order/Judgment and Order were filed on November 27, 2023. Petitioner has brought this motion because she wishes to present arguments in relation to the court's tentative ruling on the underlying Writ of Mandate. The new circumstances, she asserts, is that counsel for Respondents "engaged...

2024.01.24 Motion for Summary Judgment, Adjudication 899
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.01.24

Excerpt: ...ijuana dispensary. Canna filed suit against the County of Santa Cruz ("County") following two Sheriff's Department raids in which 1800 marijuana plants were destroyed in the first raid and 700 in a second raid. In the Spring of 2015, Plaintiff's assignor Granny Purps, commenced a medical marijuana growing operation on Fern Flat Road in Aptos. On 6/22/15, the Sheriff's Department appeared at the Property and destroyed 1,800 cannabis plantsl valued...

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The Best Way toLearn About a Judgeis to Read Their Rulings!

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Learn About a Judgeis to Read Their Rulings!