Array
(
)
Search by Keyword:
Start Date:
End Date:
Tip: Wrap text in quotation marks when searching for phrases (e.g. "motion to dismiss").

897 Results

Location: Santa Cruz x 
Array
(
)
SELECT * FROM wp_posts WHERE (post_type = 'attachment') AND ID IN (SELECT object_id FROM wp_term_relationships WHERE term_taxonomy_id IN (SELECT term_id FROM wp_term_taxonomy WHERE taxonomy = 'wpmf-category' AND parent IN (SELECT term_id FROM wp_terms WHERE term_id = 245))) AND (true) AND (true) ORDER BY post_title DESC LIMIT 0,50
Array
(
)
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....
2024.05.16 Motion for Summary Adjudication 080
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.05.16
Excerpt: ... purchased a residential property in Watsonville in 2002. Jacqueline and her family have exclusively lived at the home since that time. The title to the home, however, remained in the name of John and Ann and the mortgage was held in their name. Both parties made payments towards the mortgage over the years, more so by John and Ann. The property was placed in John and Ann's revocable trust in 2020. The 2020 revision contained a provision for the ...
2024.05.16 Motion to Compel Further Responses, for Sanctions 416
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.05.16
Excerpt: ..., set one, nos. 8.7, 8.8, 9.1, 9.2, 12.1, 12.2, 12.3, 12.4, 12.7, 14.1, 14.2, 50.1, 50.5, 50.6; and a further response by Empire Berries to form interrogatory no. 15.1. They also seek sanctions against each defendant in the amount of $1,500 each. The motions are granted. The motions were timely served since the filed proof of personal service creates a presumption which defendants failed to rebut with any facts or declaration. Defendants are ord...
2024.05.14 Motion for Stay or to Continue Trial 834
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.05.14
Excerpt: ...ery court shall have the power to do all of the following: To provide for the orderly conduct of proceedings before it, or its officers.”].) A trial court's ruling on a request for stay is reviewed for abuse of discretion. (People ex rel. Allstate Ins. Co. v. Suh (2019) 37 Cal.App.5th 253, 257; People ex rel. Harris v. Rizzo (2013) 214 Cal.App.4th 921, 951; Bains v. Moores (2009) 172 Cal.App.4th 445, 480.) While there are three cases on appeal,...
2024.05.13 Motion for Summary Judgment 031
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.05.13
Excerpt: ...ts contend that plaintiff's complaint is time -barred since he brought it 678 days after he was told by a different dentist that the implants would likely fail. Plaintiff argues that after he consulted with a different dentist he continued to treat with Dr. Halbleib, whom he trusted, and who continued to tell him not to be concerned. He claims he filed a timely notice of intent to sue and timely complaint. Defendant contends that as of 2/28/19, ...
2024.05.13 Motion for Issue, Evidentiary, Monetary Sanctions 746
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.05.13
Excerpt: ...overy responses and lack of proper verifications. On January 30, 2024, the court granted, in part, defendants' motion to compel. The order, filed on February 8, 2024, required plaintiffs to serve updated verifications to the following discovery requests: o Request for Production of Documents, Set One to Alfred Pinard; . o Form Interrogatories, Set One - Construction Litigation to Alfred Pinard; o Form Interrogatories, Set One to Alfred Pinard;...
2024.05.09 Motion for Sanctions 786
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.05.09
Excerpt: ...of those entities and opposed the motion contending it had no connection to BurgerIM or its ownership other than currently operating a Jersey Mike's franchise from a commercial space previously occupied by BurgerIM. Plaintiffs asserted that all that was necessary under Labor Code §200.3(a)(1) to establish successor liability was sharing the same facility to offer substantially the same services as the judgment debtor since both were food service...
2024.05.08 Motion for Summary Judgment, Adjudication 477
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.05.08
Excerpt: ...Five River Street, LLC. (“Fifty- Five River”). Plaintiffs rented office space from Fifty -Five River and in October 2016, water from a storm leaked into the space, causing damage to computer equipment owned by plaintiffs. Of import is a piece of equipment, a NetApp filer, which allegedly contained valuable song recordings belonging to plaintiffs. This equipment was damaged and the information on it, according to plaintiffs, was lost, causing...
2024.05.07 Motion for Attorney Fees 753
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.05.07
Excerpt: ...: MAY 7, 2024 TIME: 8:30 A.M. Page 2 of 6 A. Verdict form 2408: Constructive Discharge 1. Plaintiff Wallace was employed by Defendant Karssli Corp., and 2. Plaintiff Wallace was subjected to working conditions in violation of public policy, and 3. Karssli intentionally created or knowingly permitted these conditions, and 4. Those conditions were not so intolerable that a reasonable person in Wallace's position would have no alternative to resign....
2024.05.02 Motions to Compel Compliance with Discovery, for Monetary Sanctions 585
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.05.02
Excerpt: ...) 7 Cal.4th 1, 35.) A plaintiff, by initiating litigation, does not waive his or her expectation of privacy in the use of his personal digital devices, including cell phones, text messages and email messages. (Carpenter v. United States (2018) 138 S. Ct. 2206, 2217 [an individual has a legitimate expectation of privacy in his physical movements, as captured through cell -site location information]; Riley v. California (2014) 134 S. Ct. 2473, 2494...
2024.05.02 Motion to Set Aside Dismissal and Enter Judgment 948
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.05.02
Excerpt: ...ROUND AND MOTION On January 16, 2020, the parties entered into a stipulated settlement agreement. State Farm paid $15,238.54 in property damages to its insured. Pursuant to the terms of the agreement, Neff's insurance carrier, Foremost, was to pay State Farm $6,884.22. The balance of $8,744.32 was to be paid by Neff, with one lump payment of $200.00 and thereafter payments in the amount of $100.00 each month. The stipulation further stated that i...
2024.04.30 Demurrer to FAC 854
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.04.30
Excerpt: ...and personal property sustained damage after the CZU Lightening Complex fires. Plaintiff made a claim pursuant to the AmGUARD policy. Plaintiff alleges various unlawful conduct on the part of his broker and AmGUARD relating to the procurement of the policy and AmGUARD's handling of his claim after the fire. I. DEMURRER Defendant AmGUARD (“AmGUARD”) demurs to the third cause of action in plaintiff's first amended complaint (“FAC”) for n...
2024.04.29 Demurrer, Motion to Strike 395
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.04.29
Excerpt: ...answer”) includes a general denial, alleges that plaintiff was the store General Manager and properly exempt, and asserts 28 affirmative defenses addressing the particular labor code allegations (nos. 8, 15 -17, 23- 27) and general employment- related defenses. Plaintiff's demurrer is based on the following: • Irrelevant defenses (nos. 3, 4, 6, 7, 12 -14, 17- 19, 21, 22, 25) LAW AND MOTION TENTATIVE RULINGS DATE: APRIL 29, 2024 TIME: 8:30 A.M...
2024.04.29 Motion to Stay Action 141
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.04.29
Excerpt: ...l economy and to avoid conflicting rulings. (Caifa Professional Law Corp. v. State Farm Fire & Casualty Co. (1993) 15 Cal.App.4th 800, 807.) LAW AND MOTION TENTATIVE RULINGS DATE: APRIL 29, 2024 TIME: 8:30 A.M. Page 6 of 10 It appears that at least four other earlier filed actions exist in which the claims (hourly non -exempt, periods of employment, claims, and employing facilities) overlap with plaintiff's, rendering a renewed stay in this act...
2024.04.29 Demurrers 224
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.04.29
Excerpt: ...9, 2024 TIME: 8:30 A.M. Page 8 of 10 (c), 2923.7, 2924.9, and 2924.10, as well as negligence and violations of the Unfair Business Practices Act pursuant to Business and Professions Code section 17200. Plaintiff obtained a loan on the property in question from defendant RMR; the trustee is defendant SLS. (Complaint at ¶ 10.) The loan went into default. On November 11, 2022, SLS caused to be recorded a notice of default and election to sell under...
2024.04.26 Demurrer to FAC 417
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.04.26
Excerpt: ...7) 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 Cal.App.4th 518, 525.) In a demurrer proceeding, the defects m...
2024.04.25 Motion to Strike Complaint 038
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.04.25
Excerpt: ...h of a pet not caused by an intentional tort or where a special relationship exists. (McMahon v. Craig, supra, 176 Cal.App.4th at 1519 [veterinary malpractice and lying to the pet owner did not support action for emotional distress damages]; Plotnik v. Meihaus (2012) 208 Cal.App.4th 1590, 1607 [emotional distress damages recoverable from trespass to chattel when defendant intentionally struck plaintiff's dog with a bat] Levy v. Only Cremations fo...
2024.04.25 Motion to Compel Responses, to Deem RFAs Admitted, for Monetary Sanctions 812
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.04.25
Excerpt: ...tion. The discovery was served on 7/11/23. (Bemis Declaration, Ex. 1.) Responses were served on 8/15/23 but without verifications. (Bemis Decl., LAW AND MOTION TENTATIVE RULINGS DATE: APRIL 25, 2024 TIME: 8:30 A.M. Page 2 of 4 Ex. 2.) Following counsel's attempts to meet and confer, and extensions of time to provide verifications, no verifications have ever been served. Unsworn discovery responses are tantamount to no responses at all. (Zorro ...
2024.04.24 Motion to Compel Further Responses, for Monetary Sanctions 583
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.04.24
Excerpt: ...successful (and unopposed) motion to compel these responses, which was granted on 1/12/24. Following the Court's order, Plaintiff served incomplete responses to form interrogatories nos. 2.6 and 2.8. Request for Production of Documents, Set Two: Defendant seeks responses to requests for production, set two, from Plaintiff Reed. The discovery was served on 10/2/23. (Breen Decl., Ex. A.) Responses were due by 11/6/23, but no responses were served t...
2024.04.23 Motions to Compel Responses, to Deem RFAs Admitted, for Monetary Sanctions 626
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.04.23
Excerpt: ...nd in violation of the terms of the stock purchase agreement. They claim McKeon diverted more than $250,000 in funds from the dispensary to his personal accounts or his solely owned businesses. Form Interrogatories, Request for Production of Documents: Plaintiff Laggner seeks initial responses to form interrogatories and requests for production from Defendant McKeon. The discovery was served on 12/22/23. (Ringgenberg Declaration, Exs. A and B.) R...
2024.04.23 Motion to Stay Action or Vacate Trial Date 631
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.04.23
Excerpt: ... relation to CFP's handling of her fire damage claim. Mapel is the only plaintiff LAW AND MOTION TENTATIVE RULINGS DATE: APRIL 23, 2024 TIME: 8:30 A.M. Page 3 of 5 and her first amended complaint was not brought on behalf of a class. The primary allegations against CFP are that it violated Mapel's rights under the applicable policy and purposefully misrepresented and concealed material facts for the purpose of depriving Mapel of the payment of ...
2024.04.19 Motion to Set Aside Defaults 657
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.04.19
Excerpt: ...h return receipt requested to 59 Hollins Dr., Santa Cruz, CA LAW AND MOTION TENTATIVE RULINGS DATE: APRIL 19, 2024 TIME: 8:30 A.M. Page 2 of 3 95060, estimating Defendants' exact liability to be no more than $5,340,029.27.” (Opp. at pg. 1.) The prove -up hearing occurred on December 20, 2023 and judgment was entered by the court on December 26, 2023. Pursuant to Code of Civil Procedure 425.11, subdivision (c) “[i]f no request is made for the ...
2024.04.18 Motion to Deem RFAs Admitted 749
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.04.18
Excerpt: ...uest be deemed admitted, as well as for monetary sanctions. Code of Civil Procedure section 2033.280, subdivision (c) requires the court to make this order “unless it finds that the party to whom the requests for admission have been directed has served, before the hearing on the motion, a proposed response to the requests for admission that is in substantial compliance with Section 2033.220. It is mandatory that the court impose a monetary san...
2024.04.16 Motion to Consolidate Action, to Stay 946
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.04.16
Excerpt: ...), with her other action against it – A m a y a v. Encompass (21CV02782) (Amaya II), her PAGA wage and hour case. Defendant also moves to either stay or consolidate Daisy Espinoza v. Encompass Community Services (21CV02110) with this action. Plaintiff moves to consolidate her two actions (Amaya I and Amaya II) with the Espinoza action (21CV02110) and Hernandez v. Encompass Community Services (22CV02565). None of the motions are opposed. The Cou...
2024.04.15 Motion for Attorney Fees 556
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.04.15
Excerpt: ...21. Defendants defaulted and this suit resulted. Defendant Blume settled and a one -day court trial was convened as to Defendant Harvey on 2/13/24. The court issued a written judgment against Defendant Harvey for damages in the amount of $430,008.34. II. MOTION Plaintiff moves for an award of attorneys' fees in the amount of $12,375.00 as a prevailing plaintiff based upon a written contract containing an attorneys' fee clause. (Civil Code § 1717...
2024.04.15 Motion to Vacate Renewal of Judgment 349
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.04.15
Excerpt: ...lating to the Judgment -Debtor's claim in pursuing the categorization of a family home as community property to which she was entitled to succeed to as the surviving spouse of the decedent. The complaint alleged the amount owed was $17,430.83. Judgment, after hearing, was entered on December 23, 2003, in the principal sum of $16,798.48, plus interest of $1,744.28 and costs of $350.50. According to the judgment, Judgment -Debtor failed to answer a...
2024.04.11 Motion to Hold Obligers Jointly and Severally Liable for Judgment, OSC Re Contempt, for Attorney Fees 017
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.04.11
Excerpt: ...n's failure to pay on a credit card. Following her successful motion to set aside default, Defendant Brown cross - complained against Collect Access, LLC for violation of the Fair Debt Collection Act and Rosenthal Fair Debt Collection Act. Brown prevailed in a court trial held on May 25, 2018; and on July 13, 2018, a judgment was entered awarding Brown a monetary judgment of $3,000.00. On December 3, 2018, a judgment was entered awarding Brown st...
2024.04.10 Motion to Set Aside Defaults 337
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.04.10
Excerpt: .../23. BACKGROUND: Plaintiff's verified Complaint was filed 9/29/23, just four days after he voluntarily dismissed his previous verified action which alleged four causes of action against Defendants: cancellation of void deed, slander of title, declaratory relief, and quiet title. In that case, Defendants' demurrers and special motions to strike were on calendar for 10/2/23, but Plaintiff appears to have filed his voluntary dismissal in an effo...
2024.04.10 Motion to Continue Trial and Continue Motion for Summary Judgment 080
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.04.10
Excerpt: ...answered on June 29, 2023. The case was set for trial on October 6, 2023, with a trial date of May 28, 2024. Defendant filed her Motion for Summary Judgment/Adjudication on February 20, 2024. The hearing on this motion is set for April 26, 2024. II. Motion to Continue Plaintiff moved ex parte for an order shortening time to have this motion heard and that request was granted. The reason for Plaintiff's requested continuance of the trial is as fo...
2024.04.09 Motion to Tax Costs 609
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.04.09
Excerpt: ...alf of all Defendants and followed the voluntary dismissal of Plaintiffs 759 Las Olas Drive LLC and Hemant Tenaja on 1/5/24. Plaintiffs argue that Defendants are not prevailing parties entitled to costs. Defendants oppose the motion on the grounds that the voluntary dismissal entitles them to recover their costs as to those dismissed Plaintiffs and they need not wait to allocate costs between jointly represented clients until the end of the actio...
2024.04.09 Motion for Summary Judgment 751
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.04.09
Excerpt: ...ed jurisdiction debt collection matter filed 4/3/23 by Wells Fargo against Defendant Greg Benson. Amount of damages sought is $10,593.74. There are six causes of action, all based on breach of written contract and common counts. The Complaint lists the debt amount but no identifying information as to the account number, and its only attachment is an unsigned credit card agreement. Defendant filed an Answer on 5/26/23 asserting a general denial ...
2024.04.09 Demurrer 042
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.04.09
Excerpt: ...chase and sale of the Pandeys' property located at 207 Highland Court in Santa Cruz. On September 12, 2020, escrow closed. Lawless represented the Pandeys in the transaction. “Before plaintiffs entered into the contract, defendants knew that the property's natural drainage had been blocked, and that the property's past means of drainage, a drainage pipe extending into the neighboring property had been capped.” Further the complaint alleges th...
2024.04.08 Motion to Dismiss or for Judgment on the Pleadings 137
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.04.08
Excerpt: ...n is that electrical service was lost during the CZU Fire in 2020, causing extensive damage and business losses to Silver King, an aquatic farming operation growing and harvesting abalone at 245 Davenport Landing Road, Davenport, California. Plaintiff alleges that electric service “is vital to daily Farm operation for the circulation of Pacific Ocean seawater through tanks where the Abalone are stored and from which the Abalone ‘breath' and ...
2024.04.08 Motion for Relief from Government Claims Act 523
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.04.08
Excerpt: ...“SCMTD.”) Petitioner asserts the bus driver negligently operated the bus which caused the fatal collision. Decedent passed away from the injuries he sustained in the accident on November 11, 2022, at the age of 53. After the collision Petitioner, who asserts he is the successor in interest to pursue the wrongful death action, “did not have the mental or emotional capacity to understand or navigate the complexities of legal recourse for his ...
2024.04.08 Motion for Leave to Serve Objections, Demurrer, Motion to Strike 585
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.04.08
Excerpt: ...dvertence, or excusable neglect is granted. (CCP §§ 2030.290, 2033.280, 2031.300.) Defendant shall serve her objections no later than April 26, 2024. LAW AND MOTION TENTATIVE RULINGS DATE: APRIL 8, 2024 TIME: 8:30 A.M. Page 2 of 13 DEFENDANT CANDICE BRUNER'S DEMURRER, MOTION TO STRIKE I. Demurrer: Defendant's demurrer to the fourth cause of action for intentional infliction of emotional distress is overruled. For purposes of a demurrer, all pr...
2024.03.29 Motion for Preliminary Injunction 308
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.03.29
Excerpt: ... owns property located at 918 3rd Street Unit C, Santa Cruz, CA, which she purchased in 2018 for $371,500. In February 2022, Beronia refinanced her mortgage in the amount of $515,000 from Defendant Rediger. The property is her primary residence and is a single -family home. (FAC at ¶¶ 9 -11.) Plaintiff alleges that when she signed the application and loan documents, Defendant instructed her to use a different address for her residence. Plainti...
2024.03.28 Motion for Preliminary Injunction 388
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.03.28
Excerpt: ...uant to the Deed of Trust. (Dec. of Todd at ¶ 4.) The County of Santa Cruz recorded a Notice of Violation against the Property, on June 24, 2009 and then two liens in 2010 for failure to pay penalties and enforcement costs. (Defendant's RJN # 2 -4.) Plaintiff conveyed the Property via a grant deed to Charles P. Schwartz, III, Trustee of the Schwartz Family Trust, dated February 4, 2021. This conveyance occurred on February 12, 2021. (Defendant's...
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 ...
2024.03.28 Motion to Set Aside and Vacate Judgment 749
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.03.28
Excerpt: ... appears Plaintiff seeks to amend his complaint to add or modify causes of action. (See MPA at ¶ 2.) Code of Civil Procedure section 663 provides for vacation of judgment and entry of different judgment. A judgment or decree, when based upon a decision by the court, or the special verdict of a jury, may, upon motion of the party aggrieved, be set aside and vacated by the same court, and another and different judgment entered, for either of the f...
2024.03.28 Motion for Summary Judgment, Adjudication 609
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.03.28
Excerpt: ... of the grantor to impose restrictions on any portion of the Beach Land for the benefit of the Voris Property; (3) if Plaintiffs' have a real property right to protected views; and (4) if the Vorises acted or failed to act in any manner that substantially interferes with Plaintiffs' real property interests. Plaintiffs' motion for summary adjudication as to its first cause of action for breach of equitable servitude is denied on the grounds ther...
2024.03.28 Motion to Withdraw and Amend Admissions or to Continue Trial 159
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.03.28
Excerpt: ...the action or his or her legal representative may seek relief under CCP §473(b) and relief is mandatory when it is based upon an attorney affidavit of fault. Code of Civil procedure §473(b) provides the court with discretion to grant relief based upon a showing of “mistake, inadvertence, surprise, or excusable neglect.” The party moving for relief must show specific facts demonstrating that one of these conditions was met. (Hopkins & Carle...
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 ...

897 Results

Per page

Pages