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2019.12.19 Demurrer, Motion for Preliminary Injunction or Appointment of Receiver 329
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2019.12.19
Excerpt: ... have been futile. Therefore, the failure to comply with §800 does not appear on the face of the complaint. Demurrers for uncertainty are disfavored. A demurrer for uncertainty will only be sustained where the complaint is so bad that the defendant cannot reasonably respond. Weil and Brown, California Procedure Before Trial, TRG, §7:85. Atkins has not demonstrated that the allegations as to him are so uncertain that he cannot reasonably respond...
2019.12.18 Motion to Consolidate, for Sanctions 084
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2019.12.18
Excerpt: .... Sanctions in the amount of $2100 are awarded to CFSC against counsel for Encompass Community Services, Colin Pearce, pursuant to 2023.010(g) and 2023.030(a). Encompass is further ordered to provide a verified supplemental response which is fully compliant with this court's orders of October 1, 2019 by January 13, 2019. The court sets a hearing on January 16, 2010 to confirm full compliance, or, in the event of a failure to fully comply, to set ...
2019.12.17 Motion to Transfer Venue, for Attorneys' Fees 276
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2019.12.17
Excerpt: ...in Los Angeles county, where they reside and their law office is located. They rely on §395(a), the general venue statute, which provides in part: “Except as otherwise provided by law and subject to the power of the court to transfer…the county where the defendants or some of them reside at the commencement of the action is the proper court for the trial of that action”. Defendants are correct in asserting that another provision of this ge...
2019.12.17 Motion for Leave to File Amended Complaint 814
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2019.12.17
Excerpt: ...ial (TRG), §§6:653, 6:639. A denial of leave to amend is appropriate where the pleading is defective as a matter of law, and the defect cannot be cured by further amendment. Id., at §6:646. However, unless the defect is fatal, the court should not consider the merits of the proposed pleading in deciding whether to grant leave to amend. Id., at §6:644. The new allegations in the proposed SAC as to indemnity, tax consequences as damages, and in...
2019.12.16 Motion for Preliminary Approval of Class Action Settlement 398
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2019.12.16
Excerpt: ...ngth and is not collusive; • An estimate of what each class member will receive in the settlement; • Plaintiff should also provide further information which allows “an understanding of the amount that is in controversy and the realistic range of outcomes of the litigation… The salient point is whether the factual record before the court is sufficiently developed to allow the LAW AND MOTION TENTATIVE RULINGS DATE: DECEMBER 16, 2019 TIME: 8...
2019.12.12 Motion to Strike or Tax Costs, for Attorney's Fees 126
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2019.12.12
Excerpt: ...3.5(c)(2) Regarding Item 11 Models, illustrations, Plaintiff is to provide a further declaration related to the $21,695.00 requested to allow the Court to evaluate the reasonableness and LAW AND MOTION TENTATIVE RULINGS DATE:DECEMBER 12, 2019 TIME: 8:30 A.M. 2 necessity of the illustrations by providing an itemization, date, and explanation for each illustration for which the cost is being requested. II. PLAINTIFF'S MOTION FOR ATTORNEY'S FEES The...
2019.12.3 Motion to Strike 848
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2019.12.3
Excerpt: ...r” theory does not support the claim, as it does not apply where several joint defendants jointly commit a tort. Electrical Electronics Controls Inc v Los Angeles unified School District (2005) 126 Cal. App. 4th 601, 617. As to the claim for punitive damage: The SACC does not allege the malicious, oppressive or fraudulent conduct necessary for a punitive damage claim. The conclusory allegation that “in suppressing and concealing the true fact...
2019.12.2 Motion to Set Aside Default, Judgment 439
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2019.12.2
Excerpt: ...��1969 statutes required strict and exact compliance with the statutory requirements the provisions of the new law, according to its draftsmen, 'are to be liberally construed. "The provisions of this chapter should be liberally construed to effectuate service and uphold the jurisdiction of the court if actual notice has been received by the defendant.” (Espindola v. Nunez, (1988) 199 Cal. App. 3d 1389, 1391) There is no evidence here that Defen...
2019.11.22 Demurrer 218
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2019.11.22
Excerpt: ...s uncertain are presumptively within the defendant's knowledge. (Chen v. Berenjian, (2019) 33 Cal. App. 5th 811, 822) LAW AND MOTION TENTATIVE RULINGS DATE: November 22, 2019 TIME: 8:30 A.M. 2 Because the date of conversion of the Property is presumptively within Defendant's knowledge, the demurrer is overruled on this basis. In addition, Plaintiffs have alleged sufficient facts to allege a duty on the part of Defendants to disclose that the conv...
2019.11.21 Motion for Judgment on the Pleadings 122
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2019.11.21
Excerpt: ...(2) plaintiff's performance or excuse for nonperformance, (3) defendant's breach, and (4) the resulting damages to plaintiff.” (Armstrong Petroleum Corp. v. Tri‐Valley Oil & Gas Co., (2004) 116 Cal. App. 4th 1375, 1391 note 6) Here, Allied alleges: 1) Oceanside executed a “Request to Bind” in which it requested that Applied Underwriters, through its affiliates or subsidiaries, cause workers' compensation policies to be issued to Oceanside...
2019.11.8 Demurrer 218
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2019.11.8
Excerpt: ...laint is uncertain are presumptively within the defendant's knowledge. (Chen v. Berenjian, (2019) 33 Cal. App. 5th 811, 822) Because the date of conversion of the Property is presumptively within Defendant's knowledge, the demurrer is overruled on this basis. In addition, Plaintiffs have alleged sufficient facts to allege a duty on the part of Defendants to disclose that the conversion was not permitted. Therefore the demurrer to the Eleventh cau...
2019.11.8 Petition for Writ of Mandate 212
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2019.11.8
Excerpt: ...dinance by Failing to Follow the Procedures, and Make the Findings Required, by SCMC §§ 24.08.810 and 24.08.820 Before Issuing the PDP? The interpretation of Title 24 of the Zoning Ordinance, contained in the Santa Cruz Municipal Code, and specifically Parts 8 and 9 of Chapter 24.08 and Part 1 of Chapter 24.14, presents an issue of law which is subject to independent review. MHC Operating Ltd Partnership v City of San Jose (2004) 106 Cal. App. ...
2019.11.7 Motion for Summary Judgment 895
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2019.11.7
Excerpt: ...the evidence set forth in the papers, except the evidence to which objections have been made and sustained by the court, and all inferences reasonably deducible from the evidence. (p) For purposes of motions for summary judgment and summary adjudication: (1) A plaintiff has met his or her burden of showing that there is no defense to a cause of action if that party has proved each element of the cause of action entitling the party to judgment on ...
2019.11.6 Petition to Compel Arbitration 661
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2019.11.6
Excerpt: ...nnot be compelled to arbitrate the dispute under an agency theory. (A preexisting relationship between the nonsignatory and one of the parties to the arbitration agreement is a common factor in compelling the nonsignatory to arbitrate. County of Contra Costa v. Kaiser Foundation Health Plan, Inc., (1996) 47 Cal. App. 4th 237, 242) As to finding that Allied is the alter ego of Oreb/Radensky, before the alter ego doctrine will be invoked in Califor...
2019.2.27 Motion to Expunge Lis Pendens 555
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2019.2.27
Excerpt: ...ts have met their burden of overcoming the presumption of reasonableness of enforcing the 1954 CC&R's today. (Nahrstedt v. Lakeside Village Condominium Assn., (1994) 8 Cal. 4th 361, 380‐381): 1. Increasing housing for low to moderate residents is a public policy: (see Alfaro v. Community Housing Improvement System & Planning Assn., Inc., (2009) 171 Cal. LAW AND MOTION TENTATIVE RULINGS DATE: FEBRUARY 27 , 2019 TIME: 8:30 A.M. App. 4th 1356,...
2019.2.27 Motion to Strike Punitive Damages 832
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2019.2.27
Excerpt: ...nt ¶¶ 37,60,63) “Nonintentional torts may also form the basis for punitive damages when the conduct constitutes conscious disregard of the rights or safety of others. ( Taylor v. Superior Court, supra, 24 Cal.3d 890; G. D. Searle & Co. v. Superior Court (1975) 49 Cal. App. 3d 22 [122 Cal. Rptr. 218].) Nonintentional conduct comes within the definition of malicious acts punishable by the assessment of punitive damages when a party intentionall...
2019.2.26 Demurrer 510
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2019.2.26
Excerpt: ....A to Konzen Reply, Dervishian's First Amended Answer to FAC in case no. 16CV00307 p. 2:6‐13.) This allegation is inconsistent with the allegation in the FAC that “Plaintiffs are informed and believe, and thereon allege, that the City has no easement for public utilities situated with[in] the boundaries of Doane Street or Stable Street” (FAC ¶ 9), “The general rule, is that material factual allegations in a verified pleading that are omi...
2019.2.26 Motion to Amend Judgment 430
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2019.2.26
Excerpt: ...bts (TRG 2018) §6:1564.) Here the judgment is against Defendant Marcia McClosky, an individual. (see Ex. A to Motion.) In addition, out of due process concerns, a default judgment, such as the one obtained here, is not subject to such an amendment (based on an alter ego theory). (Motores de Mexicali, S. A. v. Superior Court of Los Angeles County, (1958) 51 Cal. 2d 172,178) The motion to amend the judgment is denied without prejudice. ...
2019.2.21 Demurrer 324
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2019.2.21
Excerpt: ... alleged the necessary element of a lack of consent to Defendants' release of hazardous substances in the course of Defendants' operation of their dry‐cleaning businesses. While the judicially noticeable documents demonstrate that Plaintiff's parents consented to Defendants' use of the leased premises for the purpose of operating a dry‐cleaning business, the issue of whether this necessarily constitutes consent to the release of hazardous sub...
2019.2.21 Motion for New Trial 683
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2019.2.21
Excerpt: ...owledge and Evid. Code Sec. 1150: Sustained. Declaration of Roxanne Thompson 6. Paragraph 5 on the grounds speculative and no personal knowledge: Sustained. 7. Paragraph 6 on the grounds of hearsay, irrelevant, lack of foundation and Evid code Sect. 1150: Sustained. 8. Paragraph 7 on the grounds Evidence Code § 1150, and irrelevant: Sustained. 9. Paragraph 8 on the grounds of hearsay, Evidence Code § 1150, and irrelevant: Sustained. LAW AND MOT...
2019.2.15 Motion for Summary Judgment, Adjudication 222
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2019.2.15
Excerpt: ...back to plaintiff to establish the employer's articulated reason was a “pretext” or cover‐up for unlawful discrimination. (CA Practice Guide (TRG 2018) Employment Litigation § 7:390) To establish a prima facie case of unlawful discrimination Plaintiff must show: ‐Plaintiff was a member of a protected class; ‐Plaintiff was qualified for the position sought or was competently performing in the position held, satisfying the employer's exp...
2019.2.14 Demurrer, Petition for Injunction 386
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2019.2.14
Excerpt: ...is not a bar to bringing a new action within the period of the statute of limitations. (Lewis v. Johnson, (1939) 12 Cal. 2d 558,563) “The pendency of another earlier action growing out of the same transaction and between the same parties is a ground for abatement of the second action…where the court determines there is another action pending raising substantially the same issues between the same parties, it is to enter the interlocutory judgm...
2019.2.14 Motion for Summary Judgment, Adjudication 127
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2019.2.14
Excerpt: ...n Plaintiff's cross‐complaint and summary adjudication of Defendants' affirmative defenses is granted. The motion for summary judgment on Defendants' cross‐complaint is denied, without prejudice, as the motion was filed prior to the filing of the First Amended Cross‐Complaint and the currently operative Second Amended Cross‐Complaint, which supersedes the prior Cross‐ Complaints. Plaintiff has met its threshold burden of proof by establ...
2019.2.14 Motion to Set Aside Default, Judgment 366
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2019.2.14
Excerpt: ...xcusable neglect.” (CA CCP§ 473.5 (c)) Here, during the time period in which Defendant failed to comply with his mandatory statutory duty to inform the the California State Bar of his address, Defendant either through intentional avoidance or inexcusable neglect, evaded Plaintiff's reasonable, diligent attempts at service on him of the summons and complaint. This occurred after Defendant had been expressly warned that Plaintiff intended to sue...
2019.2.1 Petition for Writ of Mandate 101
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2019.2.1
Excerpt: ...vironmental review pursuant to CEQA. Petitioner challenges RTC's decision to enter into an ACL rather than apply to the Surface Transportation Board for approval of the abandonment of the line, RTC's choice of St. Paul as an operator, and two particular elements of the ACL: (1) St. Paul's freight operations on the Branch Line; and (2) RTC's commitment to make FEMA funded repairs to the storm damaged Line necessary for St. Paul to operate the perm...

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