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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...

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