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2022.06.13 Motion for Summary Judgment, Adjudication 152
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.06.13
Excerpt: ... following judicial declarations: 1. The 1962 and 1965 Agreements require the City to provide water service throughout the campus “as may be necessary to provide for campus development” via a system that is “at all times capable of supplying to the University water up to 2,000,000 gallons in twenty‐four hours for fire flow and ordinary use.”. 2. The City's performance of its obligations under the 1962 and 1965 Agreements are not excused...
2022.06.10 Demurrer to SAC 959
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.06.10
Excerpt: ... with more detail than other causes of action. Heritage Pac. Fin., LLC v. Monroy (2013) 215 Cal.App.4th 972, 989. “To assert a cause of action for fraud against a corporation, a plaintiff must allege the name of the person who allegedly made the fraudulent representation, his or her authority to speak, to whom he or she spoke, what was said and when it was said. General or conclusory allegations will not suffice to plead a cause of action for f...
2022.06.09 Demurrer, Motion to Strike FAC 187
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.06.09
Excerpt: ...f must plead facts showing the defendant's misrepresentation (or omission that the defendant had a duty to disclose), the defendant's knowledge of falsity, the defendant's intent to defraud (i.e., to induce the plaintiff's reliance on the misrepresentation), the plaintiff's justifiable reliance, and the resulting damage. Kalnoki v. First Am. Trustee Servicing Solutions, LLC (2017) 8 Cal.App.5th 23, 25. “Every element of the cause of action for ...
2022.06.07 Motion to Bifurcate 193
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.06.07
Excerpt: ... to BPC §7031(b). Defendant's Answer to the Complaint further asserts, as an affirmative defense, that Plaintiff has no standing to assert any causes of action because of these suspensions. Defendant now moves for bifurcation of the issue of Plaintiff's licensure status under CCP §597 [trial of special defense] and BPC § 7301(e) [court to determine at evidentiary hearing whether there has been substantial compliance with licensure requitements...
2022.06.06 Demurrer to FAC, Motion to Strike 657
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.06.06
Excerpt: ...following conditions must exist before the corporate existence is disregarded. Kao v. Joy Holiday (2020) 58 Cal.App.5th 199, 205‐206. • It must appear that the corporation is not only influenced and governed by that person, but that there is such a unity of interest and ownership that the individuality, or separateness, of such person and the corporation has ceased; and LAW AND MOTION TENTATIVE RULINGS DATE: June 6, 2022 TIME: 8:30 A.M. 2 •...
2022.06.02 Petition for Writ of Mandate 057
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.06.02
Excerpt: ...icity load of its residents and businesses, and purchase electricity on their behalf. Plaintiff alleged that Defendant's automatic enrollment procedure, or "opt‐ out policy,” interfered with Plaintiff's existing contracts with PG&E and forced Plaintiff into a contractual relationship with Defendant. The Court found that Defendant's enrollment system was automatic but not mandatory. “Even assuming that Plaintiff's money is used to fund Defen...
2022.06.02 Motion to Compel Responses 316
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.06.02
Excerpt: ...ions at this time. (To ensure proportionality, trial courts should generally take an “incremental” approach—that is, they should “attempt less severe alternative [sanctions]” unless the “record clearly shows lesser sanctions would be ineffective.” (Siry Investment, L.P. v. Farkhondehpour (2020) 45 Cal.App.5th 1098, 1117 [259 Cal.Rptr.3d 466].) PLAINTIFFS' (UNOPPOSED) MOTION TO COMPEL RESPONSES TO REQUESTS FOR ADMISSION RE: JOHN ELLI...
2022.06.02 Motion for Summary Judgment, Adjudication 269
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.06.02
Excerpt: ...oduced undisputed evidence demonstrating that Apex owed no duty to Ramos, as the home inspection conducted by Apex was performed two months before the fire, for clients other than Ramos, who decided not to purchase the property (UMF 5, 15); and Apex did not enter into any written contract with Ramos, who obtained the Apex inspection report from unknown persons without the permission of Apex (UMF 16, 18, 60) • Apex has produced undisputed eviden...
2022.06.01 Demurrer, Motion to Strike 567
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.06.01
Excerpt: ...e names of the persons who made the representations, their authority to speak, to whom they spoke, what they said or wrote, and when it was said or written. Kalnoki v. First Am. Trustee Servicing Solutions, LLC (2017) 8 Cal.App.5th 23, 35. QLORA fails to provide sufficient details regarding who spoke to whom, their authority to speak, the content of the allegedly fraudulent communications, and when those communications were made. Since QLORA is a...
2022.05.31 Motion for Summary Judgment 844
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.05.31
Excerpt: ... shown that one or more elements of the cause of action, even if not separately pleaded, cannot be established, or that there is a complete defense to the cause of action. Once the defendant or cross‐defendant has met that burden, the burden shifts to the plaintiff or cross‐complainant to show that a triable issue of one or more material facts exists as to the cause of action or a defense thereto. The plaintiff or cross‐complainant shall no...
2022.05.27 Motion for Writ of Mandate 408
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.05.27
Excerpt: ..., or officer, the case shall be heard by the court sitting without a jury. All or part of the record of the proceedings before the inferior tribunal, corporation, board, or officer may be filed with the petition, may be filed with respondent's points and authorities, or may be ordered to be filed by the court. Except when otherwise prescribed by statute, the cost of preparing the record shall be borne by the petitioner. (b) The inquiry in such a ...
2022.05.27 Motion for Protective Order 913
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.05.27
Excerpt: ...on may promptly move for a protective order. The motion shall be accompanied by a meet and confer declaration under Section 2016.040. For good cause shown, the court may order that a deposition shall not be taken or will be taken only under certain conditions "or the court may make any other order which justice requires to protect the party or witness. (Flynn v. Superior Court (1979) 89 Cal.App.3d 491, 495 [152 Cal.Rptr. 796].) Although First Ame...
2022.05.26 Demurrer, Motion to Strike 754
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.05.26
Excerpt: ...lment. Plaintiff seeks punitive damages on the fraud claims. Defendant demurs and moves to strike the entire complaint and the separate causes of action on various theories. Defendant further moves to strike (1) the alter‐ego allegations made against Defendant's CEO, Paul Katchadourian; and (2) the punitive damage allegations. Plaintiff moves to bifurcate the trial, with the issues of liability for fraud and violation to be heard before the iss...
2022.05.25 Motion for Preventative Relief 969
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.05.25
Excerpt: ...easonable probability of success on the merits; and (2) who will suffer greater injury? (Weil & Brown, Civ. Pro. Before Trial, §9:522, 9:527, 9:531,) The burden of proof is on the moving party to show all elements necessary to support the issuance of a preliminary injunction. (Weil & Brown supra at 9:632.1.) In ruling on the motion, the court is to evaluate the potential merits and interim harm factors, and the greater the showing on one, the le...
2022.05.23 Motion for Judgment on the Pleadings 200
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.05.23
Excerpt: ...6) deceit. (First Amended Cross The motion by Plaintiff/Cross‐Defendant for judgment on the pleadings is granted with leave to amend as to the causes of action for negligence, interference with prospective economic advantage, and intentional interference with contract The motion is denied as to the causes of action for civil damages under Pen. Code §496(c), conversion and deceit. LAW AND MOTION TENTATIVE RULINGS DATE: MAY 23, 2022 TIME: 8:30 A...
2022.05.19 Petition for Writ of Mandate 057
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.05.19
Excerpt: ...icity load of its residents and businesses, and purchase electricity on their behalf. Plaintiff alleged that Defendant's automatic enrollment procedure, or "opt‐ out policy,” interfered with Plaintiff's existing contracts with PG&E and forced Plaintiff into a contractual relationship with Defendant. The Court found that Defendant's enrollment system was automatic but not mandatory. “Even assuming that Plaintiff's money is used to fund Defen...
2022.05.19 Motion for Determination of Good Faith Settlement 004
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.05.19
Excerpt: ...rner. The $1,581,000 corporate loan on which this action is based was made to Enabledware, which is the entity liable for the loan debt. As part of the Settlement with Tabatabai , Malek has agreed to dismiss the action he filed in Santa Clara Superior Court for the repayment of this loan. The settlement was reached after the family law court, in dividing the community assets of Turner and Tabatabai in their divorce proceedings, assigned Enabledwa...
2022.05.17 Special Motion to Strike Complaint 313
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.05.17
Excerpt: ...5.16, subdivision (e)" If the court finds that such a showing has been made, it must then determine whether the plaintiff has demonstrated a probability of prevailing on the claim. (Navellier v. Sletten (2002) 29 Cal.4th 82, 88 [124 Cal.Rptr.2d 530, 52 P.3d 703].) The First cause of action of the X‐C for cancellation of instrument requests cancellation of the Purchase Agreement alleging the Agreement is void because Plaintiffs forged seller Tom...
2022.05.16 Motion to Dismiss 699
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.05.16
Excerpt: ...quest for Hearing within the 90 days after filing this action, as required by Pub. Res. Code §21167.4. Petitioner filed this action on November 4, 2021; the 90 day deadline to file the Request for Hearing expired on February 2, 2022; and Petitioner filed her Request for Hearing (filed “on demand”, after the Clerk initially rejected it as untimely) on February 8, six days after the deadline. Petitioner asserts that discretionary relief is ava...
2022.05.16 Demurrer to FAC 856
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.05.16
Excerpt: ...ment, or any other place of business in which barbering, cosmetology, or electrolysis is practiced unless licensed under this chapter. Persons licensed under this chapter shall limit their practice and services rendered to the public to only those areas for which they are licensed. Any violation of this section is subject to an administrative fine and may be subject to a misdemeanor. Plaintiff held a license for 521 E. Lake Ave., Watsonville whic...
2022.05.16 Demurrer to FAC 849
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.05.16
Excerpt: ...this action is ordered stayed pending the resolution of Plaintiff's federal court action, Shirazi v Oweis et. al., U.S. District Court, Northern District of California, Case No. 5:21‐cv‐136 EDJ‐VKD. Abatement based on another action pending Plaintiff names only The Regents as a defendant in this action, and names only the individual UC employees in the federal court action. Both parties agree that if the federal court determines on the meri...
2022.05.12 Petition for Writ of Mandate 161
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.05.12
Excerpt: ...84,370, pursuant to SCCC §7.128.210. Although Mr. Redenbacher denied Petitioner's appeal, he reduced the civil penalty to $174,370 on the mitigating factor that Petitioner was a first time offender. Petitioner asserts that (1) SCCC §§7.128.050 and 7.128.210 are preempted by state law‐‐ specifically Health & Safety Code §§11358, 11359 and 11360, and Bus. & Prof. Code §26038; and (2) that the civil penalty imposed by the Hearing Officer �...
2022.05.12 Motion for Summary Judgment, Adjudication 138
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.05.12
Excerpt: ...f the party contends that the cause of action has no merit, that there is no affirmative defense to the cause of action, that there is no merit to an affirmative defense as to any cause of action, that there is no merit to a claim for damages, as specified in Section 3294 of the Civil Code, or that one or more defendants either owed or did not owe a duty to the plaintiff or plaintiffs. A motion for summary adjudication shall be granted only if it...
2022.05.09 Motion to Strike Punitive Damage Allegations 492
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.05.09
Excerpt: ...tionally and with a conscious disregard for the rights of Moran and the general public”. A conscious disregard of the safety of others may constitute malice within the meaning of section 3294 of the Civil Code. In order to justify an award of punitive damages on this basis, the plaintiff must establish that the defendant was aware of the probable dangerous consequences of his conduct, and that he willfully and deliberately failed to avoid those...
2022.05.05 Motion for Confirmation of Sale of Real Property 380
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.05.05
Excerpt: ...in Reply to objection to minimum price bid (RJN no. 5) that: 1. At an early conference Judge Silver indicated he would go with $5.3 million as the Opening Bid. The stated rationale was that if the property is worth more, the market will drive the price up at the auction. Judge Silver also stated that if Winterhalder believed $5.3 million was a fire sale price then he or his consortium could buy it. 5. Winterhalder was dissatisfied. He did three t...
2022.05.04 Motion to Compel Post Judgment Discovery, Set Aside Default, OSC Re Contempt. for Monetary Sanctions 293
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.05.04
Excerpt: ...e default based on CCP § 473(b) is denied as untimely and because Defendant has not established that judgment was entered as a result of mistake, inadvertence, surprise or excusable neglect. (CCP § 473(b)) However, the court has inherent, equitable powers apart from any statutory authority to set aside a judgment on the ground of extrinsic fraud or mistake to which the statutory time limits under CCP 473(b) do not apply. (Cal Practice Guide, (T...
2022.04.27 Motion for Summary Adjudication 281
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.04.27
Excerpt: ...ation as to one or more causes of action within an action, one or more affirmative defenses, one or more claims for damages, or one or more issues of duty, if the party contends that the cause of action has no merit, that there is no affirmative defense to the cause of action, that there is no merit to an affirmative defense as to any cause of action, that there is no merit to a claim for damages, as specified in Section 3294 of the Civil Code, o...
2022.04.21 Motion to Strike 398
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.04.21
Excerpt: ...ms subject to forfeiture: The following are subject to forfeiture (f) All moneys, negotiable instruments, securities, or other things of value furnished or intended to be furnished by any person in exchange for a controlled substance, all proceeds traceable to such an exchange, and all moneys, negotiable instruments, or securities used or intended to be used to facilitate any violation of Section 11351,...11355, 11359, 11360,...of this code... Ca...
2022.04.20 Motion to Quash Deposition Subpoenas 050
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.04.20
Excerpt: ...tonomy must be supported by a compelling interest. (Williams v. Superior Court (2017) 3 Cal.5th 531, 557 [220 Cal.Rptr.3d 472, 398 P.3d 69].) Personnel, tenure, and promotion files relating to the employee relate to the private affairs of the employee and are maintained in confidence by the employer. (Board of Trustees v. Superior Court of Santa Clara County (1981) 119 Cal.App.3d 516, 526 [174 Cal.Rptr. 160].) The scope of the inquiry permitted d...
2022.04.19 Demurrer to FAC 041
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.04.19
Excerpt: ... law because, for example, the property is tax exempt, nonexistent or outside the jurisdiction, and no factual questions exist regarding the valuation of the property which, upon review by the board of equalization, might be resolved in the taxpayer's favor, thereby making further litigation unnecessary.” (Williams & Fickett v. County of Fresno (2017) 2 Cal.5th 1258, 1275 [218 Cal.Rptr.3d 362, 395 P.3d 247].) Although Plaintiff argues that prio...
2022.04.14 Motion for Summary Judgment, Adjudication 362
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.04.14
Excerpt: ...der all of 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, except summary judgment shall not be granted by the court based on inferences reasonably deducible from the evidence if contradicted by other inferences or evidence that raise a triable issue as to any material fact. (p) For purposes of motions for summary ju...
2022.04.13 Motion to Stay Deposition, Quash Deposition Notice, for Protective Order 017
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.04.13
Excerpt: ...sition should be stayed and/or the deposition notice/RFP quashed as protected by the attorney client privilege or work product doctrine: 1. Good cause exists for production of the videos and videographer. Similar to Suezaki v. Superior Court of Santa Clara County (1962) 58 Cal.2d 166 [23 Cal.Rptr. 368, 373 P.2d 432].), Plaintiff has shown a need for the films both in order to protect against surprise, and in order to prepare for examination of th...
2022.04.11 Motion to Unseal Records 739
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.04.11
Excerpt: ...overriding interest that supports (un)sealing the records, namely the records are critical to show the Federal Court the legal history of this case and to support the County defendants' legal and procedural defenses to the new Federal Action. In addition, a substantial probability exists that the overriding interest will be prejudiced if the record is not sealed: the pleadings, orders, and filings in this Writ case are essential to the County and...
2022.04.11 Motion for Attorney Fees 380
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.04.11
Excerpt: ...thorized by any of the following: (A) Contract. Cal Civ Code § 1717 Contract provision for attorney fees and costs (a) In any action on a contract, where the contract specifically provides that attorney's fees and costs, which are incurred to enforce that contract, shall be awarded either to one of the parties or to the prevailing party, then the party who is determined to be the party prevailing on the contract, whether he or she is the party s...
2022.04.04 Motion for Judgment on the Pleadings
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.04.04
Excerpt: ...t's ruling on the demurrer to the Second Amended Cross‐Complaint, that “once a demurrer is sustained to an earlier version of a complaint, no further demurrers are allowed on grounds that could have been raised by the demurrer to the earlier pleading”, citing CCP §430.41(b). While the prior motion was denied without prejudice, the Court's Tentative Decision stated: LAW AND MOTION TENTATIVE RULINGS DATE: APRIL 4, 2022 TIME: 8:30 A.M. 4 Befo...
2022.03.28 Motion to Amend Judgment to Add Alter Ego 342
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.03.28
Excerpt: ... new defendant is the alter‐ego of an original judgment debtor. Wolf Metals Inc. v Rand Pacific Sales, Inc. (2016) 4 Cal. App. 5 th 698,, 703; Wollersheim v Church of Scientology (1999) 69 Cal. App. 4th 1012, 1017. Plaintiff has a failed to meet her burden of proof as to either factor. Opportunity to be heard Plaintiff argues that Dr. Larsh was put on notice at the outset of the proceedings through communications with her counsel, Tom Griffin, ...
2022.03.28 Motion for Summary Adjudication 194
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.03.28
Excerpt: ...) As used in this section, the following definitions shall apply: LAW AND MOTION TENTATIVE RULINGS DATE: March 28, 2022 TIME: 8:30 A.M. 10 (1) “Malice” means conduct which is intended by the defendant to cause injury to the plaintiff or despicable conduct which is carried on by the defendant with a willful and conscious disregard of the rights or safety of others. (2) “Oppression” means despicable conduct that subjects a person to cruel a...
2022.03.25 Motion to Advance Trial Date, Sever Equitable Claims for Court Trial, to Confirm Plaintiffs have not Waived Right to Jury Trial 407
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.03.25
Excerpt: ...e 5/9/22 trial date, although William R. Chestnut has significant health issues, Defendants have not met their burden of showing the LAW AND MOTION TENTATIVE RULINGS DATE: MARCH 25, 2022 TIME: 8:30 A.M. 2 health of the party is such that a preference is necessary to prevent prejudicing the party's interest in the litigation, therefore the motion to advance is denied. Before addressing the motion to sever the equitable issues is the question of wh...
2022.03.25 Motion to Consolidate 025
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.03.25
Excerpt: ...oid 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 [71 Cal.Rptr. 394].) Here there are common questions of law and fact re: the loan of $450,0000. by Tai Tran to Thinh and...
2022.03.23 Motion to Modify Subpoenas of Medical Records 289
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.03.23
Excerpt: ...e motion to modify the subpoenas of Abel Rodarte's medical records is granted. The subpoenas shall be limited to records of any treatment from 07‐03‐2020 to the present related in any way to treatment of injuries to the neck, back, face, abdomen, contusions to limbs, and head including concussion and post‐concussion syndrome. Sanctions shall not be awarded. MARCIEL RODARTE For the reasons set forth above, the motion to modify the subpoenas ...
2022.03.23 Motion to Advance Trial Date and to Bifurcate, to Try Equitable Issues First 470
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.03.23
Excerpt: ...rial date and to place the stipulation to extend the five year statute on the record. LAW AND MOTION TENTATIVE RULINGS DATE: MARCH 23, 2022 TIME: 8:30 A.M. 3 Turning to the motion to bifurcate to try the equitable issues first, as a general matter the California Constitution affords a right to a jury trial in common law actions at law that were triable by a jury in 1850, but not in suits in equity that were not triable by a jury in 1850. In apply...
2022.03.22 Motion to Substitute New Plaintiffs 315
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.03.22
Excerpt: ...rest in the action or proceeding or by any other transfer of an interest. The action or proceeding may be continued in the name of the original party, or the court may allow the person to whom the transfer is made to be substituted in the action or proceeding. Cal Code Civ Proc § 1908 Conclusive effect of judgment in various cases (a) The effect of a judgment or final order in an action or special proceeding before a court or judge of this state...
2022.03.16 Motion to Strike Demand for Jury Trial, for Attorney Fees 946
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.03.16
Excerpt: ...ste Control Law. Health & Saf Code § 25189 5 th cause of action Unfair Business Practices (B & P § 17200) The civil penalties that may be awarded under these claims, unlike the classic legal remedy of damages, are noncompensatory in nature; their primary purpose is to secure obedience to statutes and regulations imposed to assure important public policy objectives. ... Their focus is preventative...the gist of the civil causes of action must pr...
2022.03.16 Motion to Advance Trial Date, to Bifurcate, to Try Equitable Issues First 470
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.03.16
Excerpt: ...etter was provided to the court at all regarding any attorney's availability for trial including Mr. Haselton's unavailability on June 6,2022 or defense counsel's unavailability, no good cause is found to advance the trial date and the motion to advance is denied. Counsel are requested to appear at the hearing to set a new trial date and to place the stipulation to extend the five year statute on the record. Turning to the motion to bifurcate to ...
2022.03.16 Motion for Attorney Fees 663
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.03.16
Excerpt: ...tion or dismisses the appeal. The prevailing party is the appellant if the court reverses the judgment in its entirety. The Remittitur filed 1/20/22 says, “The December 2019 order granting the Bayses' motion for attorney fees is affirmed. The Bayses are entitled to their costs on appeal. (Cal. Rules of Court, rule 8.278(a)(2).)” Because the Court of Appeal affirmed the December 2019 order granting the Bayses' motion for attorney fees, Bays ar...
2022.03.15 Motion for Summary Judgment, Adjudication 253
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.03.15
Excerpt: ... determining if the papers show that there is no triable issue as to any material fact, the court shall consider all of 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, except summary judgment shall not be granted by the court based on inferences reasonably deducible from the evidence if contradicted by other inferenc...
2022.03.08 Motion for Summary Adjudication 686
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.03.08
Excerpt: ...d the contract “and waived that right”; 3. That Defendants' affirmative defense of dismissal has no merit; 4. That Defendants' affirmative defense of latches has no merit; 5. That Defendants' affirmative defense of privilege has no merit; LAW AND MOTION TENTATIVE RULINGS DATE: MARCH 8, 2022 TIME: 8:30 A.M. 6 6. That Plaintiffs are entitled to summary adjudication of their 6th cause of action for declaratory relief to determine Defendant's rig...
2022.03.08 Motion for Attorney Fees 388
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.03.08
Excerpt: ...failure by Defendants to perform any agreement in the MIPA or Operating Agreement constituted a default; and further provided for acceleration of the Notes upon a change in control of Scharf Investments. Plaintiffs alleged that default events as specified in the MIPA and TOA had occurred, and that there had been a change in control of the company. Shortly after Plaintiffs filed their complaint Defendants paid Plaintiffs the sum of $18 Million. Th...
2022.03.08 Demurrer 278
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.03.08
Excerpt: ...action, and the original complaint ceases to have any effect either as a pleading or as a basis for judgment. Because there is but one complaint in a civil action, the filing of an amended complaint moots a motion directed to a prior complaint. (State Compensation Ins. Fund v. Superior Court (2010) 184 Cal.App.4th 1124, 1130‐1131) MOTION FOR MONETARY SANCTIONS UNDER CCP § 128.7 Cal Code Civ Proc § 128.7 Signing of pleadings and motion papers ...
2022.03.07 Motion for Final Approval of Class Action Settlement 149
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.03.07
Excerpt: ...pliance hearing will be set approximately 60 days from the date of the continued hearing below. Prior to the compliance hearing, Plaintiff's counsel is directed file a report in compliance with CCP sec. 384.5 and Cal Gov Code § 68520 (a)(3), attaching as exhibits to the report the order granting final approval of class action settlement and a copy of the executed Settlement Agreement. The Court clerk will forward the Report and attachments to th...

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