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894 Results

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2024.06.13 Petitions for Writ of Mandate 683
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.06.13
Excerpt: ... March 7, 2024, primarily to allow the parties an opportunity to respond to the Court's Phase I inquiry as to whether the University's goal to house 100% of the new students and up to 25% of the new staff on campus (the “housing goal”) should be treated as a mitigation measure for population impacts. The resolution of this issue was necessary before the Court undertook its review of the EIR's analysis of impacts and mitigation measures. At th...
2024.06.13 Motion to Strike, Demurrer 703
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.06.13
Excerpt: ...MPLAINT This is a class action matter arising out of allegedly false claims made by defendant Skechers about the slip -resistant nature of their shoes, specifically the Women's Work Squad SR Shoes. “Consumer who purchased the Shoes in reliance on Skechers' claims of slip -resistance found that they did not serve this key function as promised.” (Complaint at ¶ 4.) Plaintiff Valdivia asserts the shoe is advertised as a “work shoe” and spe...
2024.06.13 Motion to Change Venue 449
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.06.13
Excerpt: ... of a penalty or forfeiture imposed by statute....” “[B]ecause section 393(a) requires a different venue than the defendant's residence, it supplants the general venue rule codified in section 395(a). [...] When a provision of section 393 applies, it specifies the proper county for the initial filing of an action, overriding the general venue rule providing for trial in the county of the defendant's residence.” (Dow AgroSciences LLC v. S...
2024.06.12 Petition for Peremptory Writ of Mandate 252
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.06.12
Excerpt: ...ponent whic h purported to summarize that draft EIR. Why was there no reference to the original source of that wetlands finding, and no clear explanation as to Page 3 of 5 whether the area of possible wetlands is on the site of either of the subject projects? 3. The joint opposition cited a 2023 study to counter the Petitioner's claim that wetlands were located on either project's site. But the City's streamlined ministerial approvals of these t...
2024.06.12 Demurrer to FAC 308
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.06.12
Excerpt: ...er. The property is her primary residence and is a single -family home. (FAC ¶¶ 9 -11.) Plaintiff alleges that when she signed the application and loan documents, Defendant instructed her to use a different address for her residence. Plaintiff failed to understand the implications of doing so and attested the Loan was for business purposes. (FAC ¶¶12 -13.) The Loan had an interest rate of 8.5% and default interest rate of 24%. The loan mature...
2024.06.11 Motion to Compel Further Responses, for Sanctions 087
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.06.11
Excerpt: ...Santa Cruz Seaside Co. for premises liability and related claims after she suffered injuries while riding the Boardwalk's Log Ride on 6/30/21. She alleges the ride's momentum threw another rider forward, crashing down on plaintiff's right shoulder and crushing plaintiff's hand and wrist in the armrest carveout. Plaintiff moves to compel further responses by defendant Seaside Co. to the following: • Form Interrogatories, Set One, Nos. 4.1, 4.2, ...
2024.06.07 Motion to Intervene 029
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.06.07
Excerpt: ...ting to the property or transaction that is the subject of the action and that person is so situated that the disposition of the action may impair or impede that person's ability to protect that interest, unless that person's interest is adequately represented by one or more of the existing parties.” Under Labor Code section 3853, “[i]f the action is brought by either the employer or employee, the other may, at any time before trial on the fa...
2024.06.07 Demurrer, Motion to Strike Punitive Damages 967
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.06.07
Excerpt: ...(“the Ritcheys”) parcel, on which they reside, is landlocked, save for a private road they share with defendants (“O'Grady and Falade”), who own a neighboring parcel of land. The private road then connects to the public roadway. According to the complaint, during the storms in the winter of 2023, a landslide from the O'Grady/Falade parcel caused the collapse of two -thirds of the private roadway, which severed the Ritcheys' vehicular acce...
2024.06.06 Motion for Judgment on the Pleadings 675
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.06.06
Excerpt: ...ode of Civil Procedure section § 438, subdivision (c)(1)(A). LAW AND MOTION TENTATIVE RULINGS DATE: JUNE 6, 2024 TIME: 8:30 A.M. Page 3 of 3 The meet and confer requirements pursuant to Code of Civil Procedure section 439, subdivision (a) have been satisfied based upon Exhibit 1 to the declaration of counsel for plaintiff. Defendant never responded to the meet and confer request. (Dec. of Langedyk at ¶ 4.) Plaintiff served requests for admissi...
2024.06.06 Motion for Good Faith Settlement 854
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.06.06
Excerpt: ...good faith” settlement within the meaning of section 877.6. (Ibid.) “A determination by the court that the settlement was made in good faith shall bar any other joint tortfeasor or co -obligor from any further claims against the settling tortfeasor or co - obligor for equitable comparative contribution, or partial or comparative indemnity, based on comparative negligence or comparative fault.” (CCP § 877.6(c).) Further, § 877 states in re...
2024.06.05 Motion to Compel Responses, for Monetary Sanctions 326
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.06.05
Excerpt: ...e date for service of responses had passed, reminding her that responses were overdue. (Exs. E & F to Dec. of Terrazas.) To date, Mr. Terrazas's office has not received any responses to the requests nor has defendant opposed this motion. (Dec. of Terrazas at ¶ 6.) Interrogatories “If a party to whom interrogatories were directed fails to serve a timely response, the propounding party may move for an order compelling responses and for a monetar...
2024.06.05 Motion for Leave to File Complaint 410
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.06.05
Excerpt: ... the cause [of action] brought against him.” (Weil & Brown, Civil Procedure Before Trial (TRG 2023) § 6:525.) Pursuant to Code of Civil Procedure section 428.50: “(a) A party shall file a cross- complaint against any of the parties who filed the complaint or cross -complaint against him or her before or at the same time as the answer to the complaint or cross -complaint. (b) Any other cross -complaint may be filed at any time before the c...
2024.06.04 Motion to Strike Punitive Damages 250
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.06.04
Excerpt: ...alse, or improper matter inserted in any pleading. (b) Strike out all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court.” The court notes defendant erroneously cites Code of Civil Procedure section 430.10, subdivision (e) as the basis for its motion. This cited section concerns demurrers rather than motions to strike. This is a dispute between plaintiff homeowner (a...
2024.06.03 Motion for New Trial 753
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.06.03
Excerpt: ...ady addressed and denied on several occasions. Based on the parties' pleadings, evidence at trial and the jury's verdicts, the court denies defendant's motion for new trial. LAW AND MOTION TENTATIVE RULINGS DATE: JUNE 3, 2024 TIME: 8:30 A.M. Page 2 of 9 I. BACKGROUND On 8/31/23, the jury returned three verdicts: A. Verdict form 2408: Constructive Discharge 1. Plaintiff Wallace was employed by Defendant Karssli Corp., and 2. Plaintiff Wallace was ...
2024.05.31 Demurrer to FAC 653
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.05.31
Excerpt: ...ained that demurrer on the grounds that the initial complaint was procedurally and substantively defective – it was uncertain, failed to separately state causes of action, failed to articulate a present and actual controversy, and failed to state facts sufficient to constitute a cause of action. County also argued in that demurrer that the complaint was untimely. Due to the other problems, the court permitted an amendment. “It is an abuse of ...
2024.05.30 Motion to Change Venue 433
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.05.30
Excerpt: ... a resident of this county, but does business in Marin County.” (MPA at pg. 1.) Code of Civil Procedure section 395, subdivision (a) states, in part, “[e]xcept as otherwise provided by law and subject to the power of the court to transfer actions or proceedings as provided in this title, the superior court in the county where the respondents or some of them reside at the commencement of the action is the proper court for the trial of the acti...
2024.05.30 Motion for Summary Judgment, Adjudication 328
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.05.30
Excerpt: ...ry adjudication on the grounds there are no triable issues of material fact as to its entire complaint, and that defendant Ginsburg's cross -complaint against it must fail. This is a case relating to an improperly released deed of trust for the property located at 3015 Buckingham Lane #30, Santa Cruz. Plaintiff sued Ginsburg (current owner), Rhonda Harris (prior owner) and Rocket Mortgage on 6/21/22 for three causes of action: (1) quiet title; (2...
2024.05.30 Demurrer to FAC 096
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.05.30
Excerpt: ...s 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 Cal.App.4th 518, 525.) In a demurrer proceeding, the defects must be apparent on the face of the pleading or via proper judic...
2024.05.29 Demurrer 566
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.05.29
Excerpt: ...tinel. The language in the amended summons, in part, stated: “[Y]ou may contest the legality or validity of this matter by filing with the Court a written pleading in response to the complaint not later than 31 days from February 29, 2024.” Defendant Kris Kirby brings this demurrer pursuant to Code of Civil Procedure section 430.10, subdivision (a), asserting the court lacks jurisdiction because the summons was defective. “The validation s...
2024.05.24 Motion to Set Aside Defaults 582
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.05.24
Excerpt: ...aivers. Plaintiff immediately requested entry of default which was entered by the clerk on March 20, 2024. On April 11, 2024, defendants filed these motions to set aside the defaults and reinstate their answers and cross -complaint pursuant to Code of Civil Procedure section 473, subdivision (b). Pursuant to Code of Civil Procedure section 473, subdivision (b), the court has the power to, “upon any terms as may be just, relieve a party or his ...
2024.05.22 Special Motion to Strike Complaint 954
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.05.22
Excerpt: ...ts the first prong of the anti -SLAPP analysis on these claims, the court finds that plaintiff has met the minimal merit standard of prong two for defamatory statements made within one year of his complaint. As the other claims spring from the defamation, they too have at least minimal merit and meet prong two. CADA's motion is denied as to intentional interference with business expectancy, negligent interference with business expectancy, unfai...
2024.05.22 Motion to Change Venue 449
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.05.22
Excerpt: ... of a penalty or forfeiture imposed by statute....” “[B]ecause section 393(a) requires a different venue than the defendant's residence, it supplants the general venue rule codified in section 395(a). [...] When a provision of section 393 applies, it specifies the proper county for the initial filing of an action, overriding the general venue rule providing for trial in the county of the defendant's residence.” (Dow AgroSciences LLC v. S...
2024.05.20 Motion to Enforce Settlement 376
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.05.20
Excerpt: ...nd services but failed to do so. LAW AND MOTION TENTATIVE RULINGS DATE: MAY 20, 2024 TIME: 8:30 A.M. Page 2 of 5 On October 11, 2023, plaintiff filed a notice of settlement. Then, on April 2, 2024, plaintiff filed this motion, seeking to enforce the settlement agreement. Accompanying the motion is a declaration from Brian Crow, CFO for plaintiff GAR Bennett. He attaches a copy of the settlement agreement as Exhibit A. The agreement provides for...
2024.05.20 Motion for Summary Judgment 592
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.05.20
Excerpt: ...hey needed to reconvey title from their trust ownership to individual ownership. (UMF 6.) They executed grant deeds in an effort to accomplish this; instead of owning each property together (50% -50%) they transferred 100% of Pilkington to George and Joanne and 100% of 8th Ave. to Armen. (UMF 4, 5) They later learned these transactions triggered property reassessments causing their property taxes to increase LAW AND MOTION TENTATIVE RULINGS DATE:...
2024.05.17 Motion for Summary Judgment, Adjudication 083
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.05.17
Excerpt: ...ust 2020. Plaintiff operates an abalone farm and defendants are its insurers. The fire caused smoke and ash to fall on the farm, as well as widespread power outages for nearly three weeks at the farm location. Due to the path of the fire, plaintiff and its employees were unable to gain access to the property for that same lengthy period. Plaintiff's crop of abalone suffered large losses due to the lack of pump operation and accumulation of ash....

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