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907 Results

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2022.03.04 Motion to Bifurcate Non-Jury Issues, to Sever and Try Liability and Alter Ego Issues First 347
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.03.04
Excerpt: ... extrinsic evidence is presented. (De Guere v. Universal City Studios (1997) 56 Cal.App.4th 482, 501, 503 [65 Cal.Rptr.2d 438].) If there is a conflict in the extrinsic evidence, the factual conflict is to be resolved by the jury...when ascertaining the intent of the parties at the time the contract was executed depends on the credibility of extrinsic evidence, that credibility determination and the interpretation of the contract are questions of...
2022.03.03 Motion to Compel Arbitration 961
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.03.03
Excerpt: ... the evidence that there is a valid agreement to arbitrate between the parties. Amanda Smith states in her declaration: ‐She has been employed at Harmony as Senior Human Resources Director since Sep. 2019. In that role, she is familiar with Harmony's broader employee relations policies and procedures and oversee Harmony's Human Resources Department. LAW AND MOTION TENTATIVE RULINGS DATE: MARCH 3, 2022 TIME: 8:30 A.M. 5 ‐Based on her role, she...
2022.03.03 Motion for Summary Judgment 496
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.03.03
Excerpt: ...cept 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. (o) A cause of action has no merit if either of the following exists: (1) One or more of the ...
2022.03.01 Motion to Compel Deposition Answers and Sanctions 343
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.03.01
Excerpt: ... seriously disturb or disrupt the marital relationship. Society stands to lose more from such disruption than it stands to gain from the testimony which would be available if the privilege did not exist. (Evid. Code, § 970 (Deering, Lexis Advance through all 770 Chapters of the 2021 Regular Session).) Courts in other jurisdictions have consistently held that the privilege cannot be asserted to withhold communications concerning ordinary business...
2022.02.28 Motion for Summary Judgment, Adjudication 404
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.02.28
Excerpt: ...o the challenged elements of his causes of action. Plaintiff has failed to meet that shifted burden. The legal malpractice c/a is time barred. This cause of action is barred by the one year statute of limitations. It is undisputed that this action was filed on February 6, 2018, more than three years after Plaintiff received (i) notice of a potential claim, by 3/9/15 email from a TCK attorney rejecting Plaintiff's request that TCK sue Boston Bank ...
2022.02.28 Demurrers 316
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.02.28
Excerpt: ...ndition of the judgment or the making of the order being appealed”. The oral pronouncement of the order in open court generally marks the beginning of the time to appeal, unless a statute requires a certain form of order, in which case the order is only effective when made in the statutory form. However, if the matter is taken under submission and the court issues a written order, which is both filed and served on the parties, the time for fili...
2022.02.23 Motion for Judgment on the Pleadings 446
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.02.23
Excerpt: ...h the terms of the account; 3. That Defendant made purchases and payments on the account; 4. That Defendant failed to make required payments on the account as they became due; 5. The last payment was made on 9/23/19. 6. That Defendant owes Plaintiff the sum of $19,129.24; 7. That Plaintiff provided Defendant with billing statements for the sums owed on the account; 8. That at the time Defendant received the billing statements, Defendant did not o...
2022.02.23 Demurrer 290
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.02.23
Excerpt: ... that exceed 180 days are tolled from April 6, 2020, until October 1, 2020. (CA Rules of Court, Appendix I Emergency Rules Related to COVID‐19, Emergency Rule 9 (Subd (a) amended effective May 29, 2020.) “To “toll” has been defined most pertinently as “to stop the running of; to abate .” (Black's Law Dict. (8th ed. 2004) p. 1525.) When it comes to the tolling of a statute of limitations, we have stated: �...
2022.02.22 Motion for Attorney Fees 355
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.02.22
Excerpt: ...2 P.2d 985].) The Court of Appeal ordered that Paetkau be awarded his fees. (See Remittitur p. 24.) The fee setting inquiry in California ordinarily begins with the “lodestar,” i.e., the number of hours reasonably expended multiplied by the reasonable hourly rate. “California courts have consistently held that a computation of time spent on a case and the reasonable value of that time is fundamental to a determination of an appropriate atto...
2022.02.16 Demurrer, Petition to Compel Arbitration 536
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.02.16
Excerpt: ... a demurrer. "[W]e 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 any legal theory.” (Quelimane Co. v. Stewart Title Guaranty Co. (1998) 19 Cal.4th 26, 38 [77 Cal.Rptr.2d 709, 960 P.2d 513].) As to the demurrer to the Third cause of action based on uncertainty, ...
2022.02.15 Demurrer, Motion to Strike 326
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.02.15
Excerpt: ...ained without leave to amend. The demurrer to the third cause of action for intimidation‐physical tort is sustained without leave to amend. Plaintiff's allegations are vague, uncertain, and unintelligible. Plaintiff's allegations do not state sufficient facts to constitute a cause of action for retaliation (Civ. Code §1942.5). Therefore the demurrer to the fourth cause of action for retaliation is sustained without leave to amend. The allegati...
2022.02.15 Demurrer, Motion to Strike Prayer for Exemplary Damages 903
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.02.15
Excerpt: ...t Defendant failed to return his security deposit, that claim is barred by res judicata, as that issue was decided by the judgment in Small Claims Court Case no. 19CV00072. The remaining allegation that Defendant “was very unprofessional” does not support a claim for negligence. As these defects cannot be cured by amendment, leave to amend is denied. Plaintiff's second cause of action, for “Intentional Tort”, alleges that Defendant took a...
2022.02.15 Motion for Prejudgment Possession 211
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.02.15
Excerpt: ...of eminent domain to acquire for that use property appropriated to public use if the use for which the property is sought to be taken is a more necessary public use than the use to which the property is appropriated. Where property is sought to be acquired pursuant to this section, the complaint, and the resolution of necessity if one is required, shall refer specifically to this section. The Court in People ex rel. Public Utilities Com. v. Fresn...
2022.02.15 Motion to Set Fees of Expert Witness 775
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.02.15
Excerpt: ...nsider the ordinary and customary fees charged by similar experts for similar services within the relevant community and any other factors the court deems necessary or appropriate to make its determination. Defendant's first disclosed toxicologist Dr. Edwin Smith charged $300.00/hour. (Amended P's & A's in support of motion to set expert fees pg.4:3, Ex. 1 to Walker declaration pg.4:6) The Expert Institute charges $415/hour for a toxicologist. (E...
2022.02.14 Motion for Summary Judgment, Adjudication 138
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.02.14
Excerpt: ...use 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 completely disposes of a cause of action, an affirmative defense, a claim for damages, or an issue of duty. (p) For purposes of motions for summary judgment and summary adjudication...
2022.02.14 Motion for Leave to File FAC 754
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.02.14
Excerpt: ... Court finds that the motion is timely based on the delay in Plaintiff's discovery of the information which potentially implicates Mr. Katchadourian in the scheme which forms the basis of Plaintiff's fraud claim. The Court further finds that Defendants will not be prejudiced by the amendment to add Mr. Katchadourian as a defendant, since his alleged liability is based on the same facts and scheme alleged in the original complaint. MOTION FOR RELI...
2022.02.10 Motion to Compel Deposition, to Consolidate, to Compel Discovery 566
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.02.10
Excerpt: ... Shahibi Dec, filed 1/28/22) On 7/2/21 an order was filed appointing Jerilynn Chestnut as guardian ad litem for Bill Sr. In late October, Plaintiffs' counsel proposed having neuropsychologist Dr. Gerard Chambers examine Bill Sr., following which Dr. Chambers was jointly retained. (Shahibi Dec, filed 1/28/22 ¶ 6) On 1/14/22 Dr. Chambers examined Bill Sr. agreeing to address three questions: (1) can William Sr. understand questions, (2) can Willia...
2022.02.08 Demurrer, Motion to Strike 118
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.02.08
Excerpt: ...his court must assume the truth not only of all facts properly pled, but also of those facts that may be implied or inferred from those expressly alleged in the complaint. [Citations.]” (City of Atascadero v. Merrill Lynch, Pierce, Fenner & Smith, Inc. (1998) 68 Cal.App.4th 445, 459.) Code of Civil Procedure section 452, states, “In the construction of a pleading, for the purpose of determining its effect, its allegations must be liberally co...
2022.02.08 Demurrer to FAC 454
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.02.08
Excerpt: ...pter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of this division until a written claim therefor has been presented to the public entity and has been acted upon by the board, or has been deemed to have been rejected by the board, in accordance with Chapters 1 and 2 of Part 3 of this division. Timely claim presentation is not merely a procedural requirement but is ... ‘“‘a condition precedent to plai...
2022.02.07 Motion for Mandatory Attorney Fees 356
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.02.07
Excerpt: ... Cal.Rptr. 754, 652 P.2d 985].) The Court of Appeal ordered that the Saiches be awarded their fees. (See Remittitur p. 24.) The fee setting inquiry in California ordinarily begins with the “lodestar,” i.e., the number of hours reasonably expended multiplied by the reasonable hourly rate. “California courts have consistently held that a computation of time spent on a case and the reasonable value of that time is fundamental to a determinatio...
2022.02.07 Demurrer 165
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.02.07
Excerpt: ...ated the different treatment. The demurrer to the third cause of action for “retaliatory harassment” is sustained with leave to amend. Plaintiff does not state sufficient facts to constitute a cause of action for retaliation nor does she state sufficient facts to constitute a cause of action for harassment. The demurrer to the fourth cause of action for “intimidation physical tort” is sustained with leave to amend. Plaintiff's allegations...
2022.02.04 Demurrer to SAC 484
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.02.04
Excerpt: ...leads facts showing the privity necessary for these claims. By further alleging that Gold Coast Gardens assigned its contractual rights to Florival, the Second Amended Complaint pleads facts showing that Florival also has standing to bring these claims. Contract Claim: Defendant asserts that the contract claim is defective and uncertain, as the Second Amended Complaint makes conflicting allegations of a written, oral and an implied contract; and ...
2022.02.03 Demurrer 735
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.02.03
Excerpt: ...2004) 117 Cal.App.4th 318, 328 “an employer is liable for sexual harassment of an employee by a nonemployee under certain circumstances”.) In addition, there has not been unreasonable prejudicial delay, nor has the Court been deprived of jurisdiction based on Plaintiff's voluntary withdrawal of her claims to the Labor Commissioner. The demurrers to the Fifth‐Ninth causes of action are overruled. Moreover, the allegations of unpaid employee ...
2022.02.02 Motion to Compel Discovery Responses, for Relief of Waivers of Objections 488
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.02.02
Excerpt: ... moves for relief from waiver of those objections on the basis of mistake, inadvertence or excusable neglect. The support for Keenan's motion is provided by defense counsel Frances O'Meara, who declares: The deadline for Keenan's responses was not calendared due to an oversight of my office. The primary handling partner and the primary associate served with the subject discovery are no longer employed with FMG for reasons unrelated to this motion...
2022.02.01 Motion for Protective Order 347
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.02.01
Excerpt: ...40. (b) In exercising its discretion to grant or deny this motion, the court shall take into consideration any matter relevant to the leave requested, including, but not limited to, the following: (1) The necessity and the reasons for the discovery. Here, Plaintiffs argue, “Indeed, it is because of testimony elicited from Mr. Hays at his June 2, 2021 deposition that allegations were added to sue him not only in his individual capacity but also ...
2022.01.26 Motion for Summary Judgment 380
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.01.26
Excerpt: ...ry adjudication as to one or more issues of duty, if the party contends 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 completely disposes of an issue of duty. (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...
2022.01.26 Application for Writ of Possession 032
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.01.26
Excerpt: ...f Defendant wishes to prevent Plaintiff from taking possession, Defendant must file an undertaking in the amount of $20,312.53, the amount of Plaintiff's claim. (CCP § 515.020(b)) A writ of possession shall issue as to the following claimed property: 2019 HARLEY‐ DAVIDSON FLSL SOFTAIL SLIM, VIN 1HD1YDJ64KB060585. Defendant is ordered to allow Plaintiff to take possession of the property. ...
2022.01.25 Special Motion to Strike 921
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.01.25
Excerpt: ...rationale is that “A malpractice claim focusing on an attorney's incompetent handling of a previous lawsuit does not have the chilling effect on advocacy found in malicious prosecution, libel, and other claims typically covered by the anti‐SLAPP statute. In a malpractice suit, the client is not suing because the attorney petitioned on his or her behalf, but because the attorney did not competently represent the client's interests while doing ...
2022.01.24 Motion for Summary Adjudication 250
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.01.24
Excerpt: ...e integrity of another, and in such a relation the party in whom the confidence is reposed, if he [or she] voluntarily accepts or assumes to accept the confidence, can take no advantage from his [or her] acts relating to the interest of the other party without the latter's knowledge or consent. ..."[a] fiduciary who commits a breach of his duty as a fiduciary is guilty of tortious conduct to the person for whom he should act. ... [T]he liability ...
2022.01.24 Motion for Attorney Fees 089
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.01.24
Excerpt: ...tter, including time spent drafting and revising pleadings, meeting with clients, and preparing for and presenting the case at trial. (Serrano v. Priest (1977) 20 Cal.3d 25, 28‐29, n. 4.) "Reasonable" attorney's fees are based on the prevailing market rate where the legal services were rendered. PLCM Grp. v. Drexler (2000) 22 Cal.4th 1084, 1095. In determining a reasonable hourly rate, the court should be guided by the rate prevailing in the co...
2022.01.21 Special Motion to Strike Complaint 165
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.01.21
Excerpt: ...ion 425.16, 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) The inquiry under the catchall provision calling for a two‐part analysis is rooted in the statute's purpose and internal logic. First, we ask what “public issue or ... issue of public interest” the speech in q...
2022.01.20 Motion for Preliminary Injunction 301
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.01.20
Excerpt: ...The only “existing road' depicted on the Surveyor's Map attached to the Declaration of Noah Selman (attached to the Declaration of Aaron Mohammed as Exhibit A) is Russell Ridge Road. Mr. Selman's declaration and attachments indicate that the Ridge Runner Plaintiffs were granted a second, 40 ft wide easement in 1994 over the D'Orio parcel (Assessor's Parcel No 106‐101‐01), but that this is in addition to their 60 ft wide easement granted in ...
2022.01.20 Demurrer 867
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.01.20
Excerpt: ...as failed to sufficiently allege the existence of any statements or representations that were misleading or otherwise fraudulent, the trial court could reasonably require plaintiffs to set out or attach a representative selection of advertisements, to state the misrepresentations made by those advertisements, and to indicate the language or images upon which any implied misrepresentations are based. This is a method of pleading which has been end...
2022.01.19 Motion to Compel Further Responses 475
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.01.19
Excerpt: ...eference its Preliminary Statement and the general objections. Responding Party further objects to this Request on the ground that it invades theattorney‐client privilege and the attorney work product doctrine because the Answer in the NLRB proceeding was not verified and was based on incomplete, limited and/or inaccurate information available to counsel at the time of the Answer. Subject to and waiver of these objections, Responding Party resp...
2022.01.19 Motion for Judgment on the Pleadings 416
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.01.19
Excerpt: ...tion of a pleading, for the purpose of determining its effect, its allegations must be liberally construed, with a view to substantial justice between the parties." (Code Civ. Proc., § 452.) (Chazen v. Centennial Bank (1998) 61 Cal.App.4th 532, 542 [71 Cal.Rptr.2d 462].) A demurrer may be sustained only if the complaint lacks any sufficient allegations to entitle the plaintiff to relief. (Id) As a general rule, in testing a pleading against a de...
2022.01.18 Motion to Strike Punitive Damages Allegations 492
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.01.18
Excerpt: ...produce evidence in defense of an exemplary damage claim; fairness demands that he receive adequate notice of the kind of conduct charged against him. The complaint must contain factual assertions supporting a conclusion petitioner acted with oppression, fraud or malice. (Smith v. Superior Court (1992) 10 Cal.App.4th 1033, 1041 [13 Cal.Rptr.2d 133].) Because Plaintiff has not pleaded oppression, fraud or malice with specificity, (see Complaint ¶...
2022.01.13 Demurrer, Motion to Strike 725
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.01.13
Excerpt: ...laratory relief/injunction (3rd and 5th causes of action), writ of mandate (4th cause of action), and a claim under Govt. Code §54999.7. These causes of action are predicated on allegations that the City violated the substantive and procedural provisions of Proposition 218 by its Joint Pilot Program contract with SCWD. Although the complaint also refers to other unidentified governmental agencies, it can now be assumed that Plaintiffs are not ch...
2022.01.12 Motion to Enforce Settlement, to Seal Records 139
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.01.12
Excerpt: ...ing interest that overcomes the right of public access to the records, namely, Cory Mayer's privacy rights, his contractual obligation of nondisclosure, and his right as a civil litigant to a fair hearing. (2) The overriding interest supports sealing the records. (3) A substantial probability exists that the overriding interest will be prejudiced if the records are not sealed, namely, the Settlement Agreement is confidential and contains financia...
2022.01.11 Motion for Prejudgment Possession 211
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.01.11
Excerpt: ...ough it has already been appropriated to a public use. (Reply pg. 2:6‐22) However, as the City points out, CCP § 1241 was repealed in 1976. None of the statutes cited by the City as the new Eminent Domain law appear to unequivocally empower a city to condemn public utility property even though it has already been appropriated to a public use as CCP § 1241 did. (Reply pg. 2 fn 1) The Parties are requested to appear at the hearing to set a new ...
2022.01.10 Motion to Strike and Tax Costs 537
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.01.10
Excerpt: ... Petitioner in the second, untimely motion, Petitioner has failed to present a valid challenge to these costs, and the motion is denied. As the prevailing party the District is entitled to its costs as a matter of right, “except as otherwise expressly provided by statute”. CCP §1032(b). The court has no discretion to deviate from this rule where, as here, Respondent was the clear prevailing party. There is no statutory authority to consider ...
2022.01.06 Motion to Continue Trial Date 224
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.01.06
Excerpt: ...tnut Sr., who suffers from advanced Parkinson's disease. They assert that, in the event that these motions are granted, there will be insufficient time to prepare the new probate case for trial, or to conduct the deposition of William Sr.. Based on the July 27, 2021 declaration of Aaron Mohammed counsel were then in discussions to arrange for a competency evaluation of William Chestnut Sr., and Mr. Mohammed committed to produce him for a depositi...
2022.01.06 Motion for Spoliation Sanctions, Discovery Sanctions 488
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.01.06
Excerpt: ...e a failure to comply ... and (2) the failure must be willful. (Vallbona v. Springer (1996) 43 Cal.App.4th 1525, 1545 [51 Cal.Rptr.2d 311].) The duty to preserve documents is relatively clear. That duty extends to any documents or tangible things made by individuals "likely to have discoverable information that the disclosing party may use to support its claims or defenses." The duty also includes documents prepared for those individuals, to the ...
2022.01.06 Demurrer to TAC 269
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.01.06
Excerpt: ...ce (9th c/a) as to Defendants Mendoncas, The Holcomb Corporation, and Kyla Holcomb‐Piramoon and for breach of duty to be honest and truthful (11th c/a) as to Defendants The Holcomb Corporation, and Kyla Holcomb‐Piramoon. The demurrer to the cause of action for cancellation of instrument (7th c/a) asserted against the Mendonca Defendants is sustained. The demurrer to the cause of action for fraud (5th C/A) asserted against Defendants Mendoncas...
2021.12.30 Motions for Protective Order 110
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2021.12.30
Excerpt: ...ormation to acquaint the other party with the nature of information desired, attempt to place the burden and cost of supplying information equally available to both solely upon the adversary, placing more burden upon the adversary than the value of the information warrants, etc.). Such improper methods of 'fishing' may be (and should be) controlled by the trial court under the powers granted to it by the statute." (Id at pp 224‐225.) Here, the ...
2021.12.28 Motion for Protective Order 004
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2021.12.28
Excerpt: ...cted to unwarranted annoyance, oppression and expense by Tabatabai, who has served him with duplicative sets of Form Interrogatories. Mr. Lindow's declaration provides only his conclusion that the third set of From Interrogatories is “substantially similar” to the previous interrogatories. This is insufficient to demonstrate good cause for a protective order. ...
2021.12.15 Motion to Compel Further Responses 281
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2021.12.15
Excerpt: ...l Procedure section 1987.1 contains permissive, not mandatory, language regarding motions to quash. It states, "When a subpoena requires the . . . production of books, documents or other things . . . the court, upon motion . . . may make an order quashing the subpoena entirely...Discovery procedures are generally less onerous for strangers to the litigation. That is because they are less likely to be represented by counsel, familiar with the issu...
2021.12.15 Motion for Summary Judgment 287
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2021.12.15
Excerpt: ...who was underaged, was subjected to hazing in order to obtain an officer position in the fraternity; that he was instructed to drink multiple shots of alcohol at the cross‐ over ceremony, and became visibly intoxicated; that he was then directed to attend, and was driven to a party to celebrate the initiation, which was located at a house at 511 Broadway, in which several fraternity members resided; that fraternity members continued to “ply�...
2021.12.09 Motion for Summary Judgment, Adjudication 339
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2021.12.09
Excerpt: ....; and that Plaintiffs are therefore entitled to summary adjudication of their first and second causes of action for quiet title and declaratory relief. Plaintiff s have also presented evidence, through their own declarations, the deposition testimony of Defendants, and evidence of Defendants' posting of Civil Code section 1008 signage, that Defendants dispute Plaintiffs' right to use the gravel road, and intend to block this use. This entitles P...
2021.12.08 Demurrer 424
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2021.12.08
Excerpt: ...U.S.Dist.LEXIS 124509, at *8‐9.) Turning to whether the Second Cause of Action for failure to accommodate in violation of FEHA states sufficient facts to constitute a cause of action, there are three elements to a failure to accommodate action: “(1) the plaintiff has a disability covered by the FEHA; (2) the plaintiff is a qualified individual (i.e., he or she can perform the essential functions of the position); and (3) the employer failed t...
2021.12.07 Application for Preliminary Injunction 579
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2021.12.07
Excerpt: ...required to prove assignment or ownership of loan documents in order to proceed with a foreclosure. Saterbak v JP Morgan Bank (2016) 245 Cal. App. 4th 808, 814. Regardless, the judicially noticeable documents demonstrate that the Deed of Trust securing the loan which is the subject of this action and foreclosure was validly assigned to Defendant Affinia. The Court is not persuaded by Plaintiffs' claim that they were never notified of the identity...

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