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2024.01.23 Demurrers 355
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.01.23
Excerpt: ...aintiff appears to ask this Court to prevent the seizure of wages related to child support arrears judgments and bases his claims on federal constitutional law related to due process. Defendants demur on the grounds that the petition fails to state facts constituting any cause of action, is fatally uncertain, fails to properly identify which claims relate to which parties, and that their actvities in issuing earnings withholding orders against Pl...
2024.01.19 Petition for Writ of Mandate 597
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.01.19
Excerpt: ...n, provides: (a) Where the writ is issued for the purpose of inquiring into the validity of any final administrative order or decision made as the result of a proceeding in which by law a hearing is required to be given, evidence is required to be taken, and discretion in the determination of facts is vested in the inferior tribunal, corporation, board, or officer, the case shall be heard by the court sitting without a jury. (b) The inquiry in su...
2024.01.18 Motion for Summary Judgment 477
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.01.18
Excerpt: ...ed by defendant Fifty-Five River Street Associates, LLC. ("Fifty-Five River") who was insured by Nationw-de. Plaintiffs operated businesses out of the premises. There are three corporate plaintiffs: Media Rights Technologies, Inc. ("MRT"), Encryptos, and Bluebeat, Inc. Mr. Risan is the Chief Executve Officer of all three companies. (Opp. at pg. 1.) In 2016, water from a storm event entered into the building through the roof. Plaintiffs allege the...
2024.01.16 Motion for Terminating and Monetary Sanctions 070
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.01.16
Excerpt: ...ons pursuant to CCP 5128.7. Defendants declare they have met the statute's 21- day safe harbor requirement by serving Plaintiff on 11/17/23 with a copy of the motion. (Supplemental Declaration of Marquis, 94) This motion was filed following that period, on 12/12/23. Ms. Marquis seeks $18,074.00 for her tme and that of her associate in their efforts to meet and confer with Plaintiff and preparation of papers related to the motion. Defendants asser...
2024.01.16 Motion for Good Faith Settlement 232
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.01.16
Excerpt: ...signment is too speculative. Based on the pleadings and the Court's familiarity with this matter, the settlement paid to Plaintiff of $375,000 in exchange for a dismissal with prejudice of the complaint against Defendants Hugo Cazares, Faith & Family Farms, and Jessie Melendrez is within the reasonable range of the settling tortfeasors' proportional share of comparative liability for the alleged damages. (Tech-Bilt, Inc. v. Woodward-Clyde & Assoc...
2024.01.11 Motion to Tax Costs, to Credit Payments 406
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.01.11
Excerpt: ...d (neither allowed nor prohibited) in CCP 51033.5. (CCP S1033.5(c)(4).) However, whether awarded as allowable costs underthe statute, or in the court's discretion, all costs are subject to the conditions that they are (1) actually incurred; (2) necessary to the conduct of the litigation rather than merely convenient or beneficial to its preparation; and (3) reasonable in amount. (CCP If items on their face appear to be proper charges, the verifie...
2024.01.11 Motion to Compel Further Responses, for Sanctions 358
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.01.11
Excerpt: ...NTIFFS' MOTIONS TO COMPEL FURTHER RESPONSES BY DEFENDANT DOCTOR'S ASSOCIATES TO FORM INTERROGATORIES, SET TWO; REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE; AND SANCTIONS This is a commercial rent collection case related to a Subway retail store located at 1487 Main Street, Watsonville in the Overlook Shopping Center. Defendants are Ramanjeet Singh Saini, Subway Real Estate, LLC, and Doctor's Associate's LLC. As alleged, from 3/1/20 through 8/31/...
2024.01.09 Motion to Lift Stay, Demurrer 689
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.01.09
Excerpt: ... Santa Cruz County with Canepa Group. Meanwhile, pursuant to the terms of the sales agreement, Fisken and Carl were embroiled in litigation in the United Kingdom on their claims related to the sale. On 10/30/18, this Court stayed the action pending resolution of the case in the London Circuit Commercial Court (Claim No. LM-2018-000138). The London claim was brought by Plaintiff Friskin for specific performance/delivery of the car pursuant to its ...
2024.01.08 Motion for Attorney Fees 053
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.01.08
Excerpt: ...s hourly rate for this matter is $475, and costs associated with the entre action total $3,135.19. The total fees amount also includes $15,716.25 in paralegal fees. 1. Legal principles re: attorney fee awards: Serrano Ill requires the trial court to first determine a touchstone or "lodestar" figure based on a careful compilation of the tme spent and reasonable hourly compensation for each LAW AND MOTION TENTATIVE RULINGS DATE: JANUARY 8, 2024 TIM...
2024.01.08 Demurrer to FAP 443
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.01.08
Excerpt: ... California Constitution. She seeks to vacate the election and set aside all associated property fee assessments. CALFIRE is named as a Real Party in Interest. County demurrers to Petitioner's First Amended Petition, filed 6/5/20, for Writ of Mandate on the following general grounds: • The entire petition fails to comply with applicable Rules of Court and is so vague, ambiguous, uncertain and unintelligible, and fails to state facts supporting ...
2024.01.04 Special Motion to Strike FAC 821
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.01.04
Excerpt: ... low valuations which parties in a prior suit (the Elwards) used to force the sale of properties they owned with Plaintiff. There are two causes of action, professional negligence as to the Futura Partnership (1906 Soquel Property) and professional negligence as to the 108 Eastgate and 1999 Soquel Properties. Plaintiff alleges he sued his former business partners, the Elwards, in two suits in late 2019 related to the real properties. (FAC "13-14....
2024.01.04 Motion for Reconsideration 017
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.01.04
Excerpt: ...t facts, circumstances, or law, make application to the same judge or court that made the order, to reconsider the matter and modify, amend, or revoke the prior order." The legislative intent was to restrict motions for reconsideration to circumstances where a party offers the court some fact or circumstance not previously considered, and some valid reason for not offering it earlier. (Weil & Brown, Civil Procedure Before Trial (TRG 2023) S 9:328...
2023.12.28 Motion for Leave to File Amended Answer 232
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2023.12.28
Excerpt: ...ve defenses (the 26th 27th and 28th). Defendant wishes to add Labor Code defenses related to Plaintiff Jorge Rodriguez's employment status, namely statutory employee, exclusive remedy rule, and benefits setoff. (Mantych Decl. Ex. 1.) Defendant argues these defenses are legal, will not add to discovery, will allow it to perfect its Answer in advance of trial, and avoid waiver of defenses that have arisen during the course of the action. Plaintiff ...
2023.12.26 Demurrer 358
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2023.12.26
Excerpt: ...2) 101 Cal.App.4th 1395, 1405.) The complaint is to be given a reasonable interpretation and read in context. (See Schifando v. City of Los Angeles (2003) 31 Cal.4th 1074, 1081.) Defects must appear on the face of pleading or be judicially noticed. (Donabedian v. Mercury Ins. Co. (2004) 116 cal.App.4th 968, 994; SKF Farms v. superior court (1984) 153 cal.App.3d 902, 905.) Defendant argues that Plaintiff lacks both the capacity to sue and the stan...
2023.12.21 Demurrer to SAC, Motion to Strike 841
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2023.12.21
Excerpt: ... 2023 TIME: 8:30 A.M. Page 2 of 6 Plaintiff filed declarations stating generally that she attempted to adhere to the Court's order on the earlier demurrer but that due to an urgent situation she is unable to timely respond to the motions. She filed no other opposition to Defendants' arguments. SUMMARY OF COURT RULING: As explained below, the Court's rulings on the demurrers are: • Sixth cause of action, Discrimination due to national origin —...
2023.12.18 Demurrer 854
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2023.12.18
Excerpt: ...l„ Inc. (2002) 101 Cal.App.4th 1395, 1405.) Fraud allegations must be pleaded with more detail than other causes of action. (Heritage Pac. Fin., LLC v. Monroy (2013) 215 Cal.App.4th 972, 989.) The facts constituting the fraud, including every element of the cause of action, must be alleged "factually and specifically," i.e., the plaintiff must plead facts showing the defendant's misrepresentation (or omission that the defendant had a duty to di...
2023.12.13 Motions for New Trial and Judgment Notwithstanding the Verdict 347
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2023.12.13
Excerpt: ...al motions. PROCEDURAL BACKGROUND: The jury returned a verdict on 7/14/23 for Plaintiffs in the amount of $150,000 for Plaintiff Perslow and $413,491.98 for Plaintiff Barabba following an 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 t...
2023.12.12 Petition for Writ of Mandate 796
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2023.12.12
Excerpt: ...of supervisor responsibilities; ethics; relationships; performance; and conduct. City alleged and was successful in demonstrating to the City Manager and City Council that Ball violated these City policies when he sexually harassed a subordinate (Officer Wowak) and retaliated against her. Petitioner's writ is denied. As discussed below, based on this Court's independent review of the evidence, the weight of the evidence supports the CUIA8's decis...
2023.12.11 Demurrer to FAC 603
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2023.12.11
Excerpt: ...ces from expressly alleged facts are deemed true. (Sheehan v. San Francisco 49ers, Ltd. (2009) 45 Cal.4th 992, 998; Cundiff v. GTE Cal. , Inc. (2002) 101 Cal.App.4th 1395, 1405.) Ifthe complaint states a cause of action under any theory, regardless of the title under which the factual basis for relief is stated, that aspect of the complaint is good against a demurrer. "[Wle are not limited to plaintiffs' theory of recovery in testing the sufficie...
2023.12.08 Motion in Limine 010
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2023.12.08
Excerpt: ... these findings. FACTUAL BACKGROUND This matter involves a dispute over the sale of real property (an allotment) located in Paradise Park. In 2003, John Simas's father purchased an "allotment" for him to use and occupy. Simas became a member of Paradise Park Masonic Club in 2003. He lived there until he decided to move to Brazil, where he intended to permanently live. While in Brazil, Simas and plaintiffs Craig and Kelly Powell (Craig is John's c...
2023.12.07 Motion to Compel Inspection of Dog 678
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2023.12.07
Excerpt: ...animal with known dangerous propensities, strict liability pursuant to Civil Code section 3342, and negligence. He seeks general and special damages. Plaintiff seeks an order compelling the examination and inspection of Pip by Plaintiff's expert, with the following requests to take place at the examination: 1. Pip's reacton to a neutral third party from a safe and reasonable distance; 2. Pip being walked on the sidewalk by a competent, controllin...
2023.12.06 Motion for Summary Judgment 189
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2023.12.06
Excerpt: ... Roman claims she suffered a ruptured aneurysm while driving her vehicle. The aneurysm occurred while she was exiting the freeway near her home; her vehicle collided with Plaintiffs' vehicle, her car jumped the median and eventually landed off the roadway. Defendant asserts medical emergency as a defense — that in the seconds before the accident she suffered a ruptured aneurysm and is not responsible for the collision. Plaintiffs' Complaint inc...
2023.12.05 Demurrer, Motion to Strike 746
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2023.12.05
Excerpt: ... of the title under which the factual basis for relief is stated, that aspect of the complaint is good against a demurrer. "[Wle are not limited to plaintiffs' theory of recovery in testing the sufficiency of their complaint against a demurrer, but instead must determine if the factual allegations of the complaint are adequate to state a cause of action under LAW AND MOTION TENTATIVE RULINGS DATE: DECEMBER 5, 2023 TIME: 8:30 A.M. Page 2 of 2 any ...
2023.12.04 Motions to Compel Responses, to Deem RFAs Admitted 844
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2023.12.04
Excerpt: ...ubd. (a) & (b) to obtain supplemental responses. Plaintiff specifically seeks supplemental responses to nos. 12.2-12.7, 13.1-13.2, 15.1, 15.2-16.20, and 17.1. Asto requests 12.2-12.7, 13.1, 13.2, 16.2-16.20 and 15.1, CEA asserts that this second set of interrogatories is improper "because CEA had already responded to the same set of discovery on July 1, 2023, and that CEA has no duty to update its discovery responses, absent the service of a Supp...
2023.11.29 Demurrer 764
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2023.11.29
Excerpt: ... over the subject matter of the action shall be joined as a party in the action if (1) in his absence complete relief cannot be accorded among those already parties or (2) he claims an interest relating to the subject of the achon and is so situated that the disposition of the action in his absence may (i) as a practical matter impair or impede his ability to protect that interest or (ii) leave any of the persons already parties subject to a subs...
2023.11.22 Motion for Summary Judgment, Adjudication 941
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2023.11.22
Excerpt: ...further responses after the motion was filed and Defendant has failed to address those new responses or take the motion off calendar. FACTUAL BACKGROUND Plaintiff Johanna Ronsse filed her Complaint on 9/9/22 against three defendants she alleges were complicit in financial elder abuse of her father, who died 4/25/22. She alleges that Maria Hulsey, former neighbor of her father John Ronsse, used undue influence in having John sign over his mobile h...
2023.11.21 Demurrers to FAC 978
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2023.11.21
Excerpt: ...doctor's discharge order and a safe discharge option. When these conditions are not met, Kindred must continue to treat the patient. Acute care hospitals, like Kindred's, operate at a much higher care level than skilled nursing facilities. (FAC "14-7.) Kindred believes defendant SCMMMCC ("Alliance") is a regional county organized health system formed to administer the Medicare (Medi-Cal) managed care program in Santa Cruz, Monterey, and Merced co...
2023.11.17 Motion to Continue Trial Date 232
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2023.11.17
Excerpt: ...alendar conflict. In support of their motion, counsel for moving parties states he has a calendar conflict with this trial date and that he was assigned as trial counsel to this case after prior counsel resigned. He is to start trial in Stanislaus County on February 6, 2024. Mr. Hermanson states: "the trial judge in the Stanislaus County [case] advised there would be no additional contnuances. Also, I see no chance of the Stanislaus County case r...
2023.11.16 Special Motion to Strike Complaint 364
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2023.11.16
Excerpt: ... at the post office, employees called the police when he refused to leave, and when confronted by Offcer Fletes, he insisted the officer write a report regarding the postal employees' treatment of him. The officer told him if he did not leave, he'd be arrested for trespassing. Ultimately, Plaintiff left and no arrest was made. No physical contact occurred between Plaintiff and Officer Fletes. (Complaint 31, 71, 79, 111, 115, 119, 170, 172, 175, 1...
2023.11.16 Motion to Enforce Settlement 196
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2023.11.16
Excerpt: ...side the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the 564.6.) "It is for the trial court to determine in the first instance whether the parties have entered into an enforceable settlement. [Citation.] In making that determination, 'the trial court acts as the trier of fact, determining whether the parties entered into a valid ...
2023.11.16 Demurrer, Motion to Strike 562
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2023.11.16
Excerpt: .../23. (Complaint 98.) LAW AND MOTION TENTATIVE RULINGS DATE: NOVEMBER 16, 2023 TIME: 8:30 A.M. Page 3 of 13 Fraud allegations must be pleaded with more detail than other causes of achon. (Heritage Pac. Fin„ LLC v. Monroy (2013) 215 Cal.App.4th 972, 989.) The facts constituting the fraud, including every element of the cause of action, must be alleged "factually and specifically," i.e., the plaintiff must plead facts showing the defendant's misre...
2023.11.15 Motion for Summary Judgment, Adjudication 969
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2023.11.15
Excerpt: ... 2017, the parties entered into a Forbearance and Release Agreement where defendants reaffirmed their obligations under the Agreement and Guaranty and agreed to make payments pursuant to the Agreement. Plaintiff alleges payments have not been paid. Causes of achon alleged are: 1) breach of business loan agreement- against Borrower, 2) breach of guaranty (against Guarantors), 3) account stated (against all Defendants), 4) money had a received (aga...
2023.11.14 Motion to File FAC 844
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2023.11.14
Excerpt: ... and CSAA. The case stems from the alleged mishandling of Ms. Mlynar's claim to her insurance carrier for property damage to her home after the Napa earthquake of 2014. Specifically, she alleges that Defendant Cook, who was present representing CEA and CSAA, assaulted her at a site inspection. As to CSAA, Ms. Mlynar asserts it failed to conduct inspections on her home as she requested and refused to provide her with an accurate estmate of the rep...
2023.11.09 OSC Re TRO 508
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2023.11.09
Excerpt: ...Resources, Inc. and CSWR-California utility Operating Company ("CSWR".) This Complaint was filed on October 24, 2023 for civil penalties, injunctive, and other equitable relief. Specifically, the Complaint was brought to "enforce several Central Coast Water Board orders and addressing separate but interrelated water quality and permitting violations at a wastewater treatment plant ("WWTP") near Boulder Creek in Santa Cruz County." (Complaint at '...
2023.11.08 Motion for Stay 801
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2023.11.08
Excerpt: ...duct of proceedings before it, or its offcers."l and (a)(5) ["Every court shall have the power to do all of the following: To control in furtherance of justice, the conduct of its ministerial offcers, and of all other persons in any manner connected with a judicial proceeding before it, in every matter pertaining thereto. "l. A. Exclusive concurrent jurisdiction: The rule of exclusive concurrent jurisdiction "is a judicial rule of priority or pre...
2023.11.07 Motion for Summary Judgment 053
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2023.11.07
Excerpt: ... million in cash, to be paid in quarterly installments that would result in full payment by the end of 2022. (Complaint at 13, Ex. A to Complaint) Florival and Island Global made an agreement to extend the purchase payment schedule by an additional year to allow Defendant to invest in the infrastructure of its cannabis operation. (Complaint at 915.) Island experienced financial trouble and was acquired by 4Front. (Complaint 14.) Florival has not ...
2023.11.03 Motions for Terminating Sanctions, to Deem RFAs Admitted 293
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2023.11.03
Excerpt: ... related to an auto accident that occurred on 10/26/22. A truck operated by Ortega Berry Farms rearended Ms. Allison's car, which in turn, rearended the Plaintiffs' car. On 8/4/23, this Court granted Plaintiffs' attornevs 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 Alliso...
2023.11.03 Motion for Summary Judgment 084
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2023.11.03
Excerpt: ...n shall be served and filed not less than 14 days preceding the noticed or continued date of hearing, unless the court for good cause orders otherwise. The opposition, where appropriate, shall consist of affidavits, declarations, admissions, answers to interrogatories, depositions, and matters of which judicial notice shall or may be taken. (c) The motion for summary judgment shall be granted if all the papers submitted show that there is no tria...
2023.11.02 Petition for Writ of Mandate 838
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2023.11.02
Excerpt: ...nts") The Project is a 74,218 square foot, two-story senior housing facility that consists of a total of 76 units, including 59 assisted living units, and15 memory care units. Thirteen of the units will have full kitchens, and three of these units will be affordable housing. The Project is located on a 3-acre parcel on Pelton Avenue, (the former site of Gateway School), adjacent to the 3.97- acre parcel on West Cliff Drive occupied by St. Joseph'...
2023.10.31 Motion for Judgment on the Pleadings 971
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2023.10.31
Excerpt: ...) negligent supervision of a minor; and (5) breach of mandatory duty. Here, the District argues that the Legislature has exceeded its authority in reviving old childhood sexual assault actions since to do so strips public entities of their sovereign immunity. The motion is denied since the Legislature has consistently expressed its desire that sex abuse victims, regardless of time-barred actions, be able to seek redress against both private and p...
2023.10.31 Motion for Judgment on the Pleadings 166
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2023.10.31
Excerpt: ...egislature has exceeded its authority in reviving old childhood sexual assault actions since to do so strips public entities of their sovereign immunity. The motion is denied since the Legislature has consistently expressed its desire that sex abuse victims, regardless of time-barred actions, be able to seek redress against both private and public entities and this Court will not disturb the Legislature's revival of these claims. REVIVAL ACTIONS ...
2023.10.30 Motion to Determine Prevailing Party and Attorney Fees 340
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2023.10.30
Excerpt: ... 6/22/22 and alleges breach of contract, implied covenant of good faith and fair dealing, conversion, trespass to chattels, negligence, violation of Cal. Business and Prof. Code 517200 and declaratory relief. The Complaint, in pertinent part, alleges "[a]s a result of the Defendants' refusal to abide by the terms of the Contract and continued unlawful possession, custody, and/or control of the Association's records and files, Plaintiff has been d...
2023.10.26 Motion for Order to Charge Member's Interest 872
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2023.10.26
Excerpt: ... judgment in the amount of as well as $15,681.83 in attorney's fees and costs. of Ball at 92.) On March 3, 2023 the court entered an amended judgment with prejudgment interest of $42,191.80 and $15,681.83 in attorney's fees. of Ball at 4.) Judgement Creditor asserts as of July 25, 2023, the amount of unpaid stands at $808,518.77. (Dec. of Ball at 98.) Judgment Creditors now seek an Order Charging Interest in a Limited Liability Company. Specifica...
2023.10.25 Demurrer, Motion to Strike 774
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2023.10.25
Excerpt: ...ct of the complaint is good against a demurrer. "[Wle are not limited to plaintiffs' theory of recovery in testing the sufficiency of their complaint against a demurrer, but instead must determine if the factual allegations of the complaint are adequate to state a cause of action under any legal theory." Quelimane Co. v. Stewart Title Guaranty Co. (1998) 19 Cal.4th 26, 38. To survive a demurrer, the complaint need only allege facts sufficient to ...
2023.10.20 Motion for Summary Judgment, Adjudication, for Leave to File SAC 735
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2023.10.20
Excerpt: ...otion for summary judgment/adjudication is denied on the grounds there are material facts in dispute as to Plaintiff's status as an employee or an independent contra ctor. The Court also declines to contnue this motion on the grounds that no adequate showing has been made to justify any continuance pursuant to CCP S437c(h). Plaintiff's motion for leave to file a Second Amended Complaint (SAC) is granted to name new defendant Alliance Manufactured...
2023.10.19 Motion to Compel Further Responses 342
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2023.10.19
Excerpt: ...efendant formed a partnership which involved a business called Santa Cruz Parkour as well as "Beism." On January 11, 2023 Defendant alleges he was terminated by Plaintiff and barred him from the premises. This suit ensued; Plaintiff alleges breach of contract, breach of fiduciary duty, breach of the duty of faith and fair dealing, conversion, dissolution of partnership, accounting, failure to pay minimum wage and overtime, failure to provide meal...
2023.10.17 Motion to Compel Further Responses, for Sanctions 907
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2023.10.17
Excerpt: ...rrow the time span to 10 years, instead of 18, and argues the contracts are necessary to show the working relationship between Arborworks and the State, and to prepare for depositions with Arborworks and State personnel. Arborworks' objections are well taken. Plaintiff has failed to justify why 10 or more years of contracts between Arborworks and every division of the state is relevant or will lead to relevant evidence related to the relationship...
2023.10.11 Motion to Compel Production of Docs 027
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2023.10.11
Excerpt: ..., 2021, Timothy Staley used Plaintiff's personal identifying information, without her authorization, to obtain credit, goods, services, money or property from defendant Capital One. She Staley obtained a credit account, namely a consumer automobile loan issued by Capital One and added the name of Plaintiff as a co-signer. (Complaint at 912.) Plaintiff asserts that at no time did she use or possess the services, money or property obtained with the...
2023.10.11 Demurrer, Motion to Strike 376
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2023.10.11
Excerpt: ...tions to Strike bought by all Cross-Defendants and a Demurrer brought by the Goldsmith Cross-Defendants. As explained below, the two ant-SLAPP motions are granted. MOTIONS TO STRIKE A. Factual and Procedural Background On April 12, 2W8 Brent Nunn took out a private student loan in the amount of $30,0W from Bank of America to attend Academy of Art University. His mother, Martinette, was the co- signer. Payments, made by Mr. Nunn's father, in the a...
2023.10.11 Demurrer, Motion to Strike 083
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2023.10.11
Excerpt: ...f the claim and parties affected. Ibid. Where the complaint is so confusing, a 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 5430.10(f). The FAC is 75 pages (304 paragraphs) primarily describing an alleged sexual battery of her by Defendant Jon Jones, her housemate in the Monarch Housing Project, an affordab...

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