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2019.12.19 Demurrer, Motion for Preliminary Injunction or Appointment of Receiver 329
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2019.12.19
Excerpt: ... have been futile. Therefore, the failure to comply with §800 does not appear on the face of the complaint. Demurrers for uncertainty are disfavored. A demurrer for uncertainty will only be sustained where the complaint is so bad that the defendant cannot reasonably respond. Weil and Brown, California Procedure Before Trial, TRG, §7:85. Atkins has not demonstrated that the allegations as to him are so uncertain that he cannot reasonably respond...
2019.12.18 Motion to Consolidate, for Sanctions 084
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2019.12.18
Excerpt: .... Sanctions in the amount of $2100 are awarded to CFSC against counsel for Encompass Community Services, Colin Pearce, pursuant to 2023.010(g) and 2023.030(a). Encompass is further ordered to provide a verified supplemental response which is fully compliant with this court's orders of October 1, 2019 by January 13, 2019. The court sets a hearing on January 16, 2010 to confirm full compliance, or, in the event of a failure to fully comply, to set ...
2019.12.17 Motion to Transfer Venue, for Attorneys' Fees 276
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2019.12.17
Excerpt: ...in Los Angeles county, where they reside and their law office is located. They rely on §395(a), the general venue statute, which provides in part: “Except as otherwise provided by law and subject to the power of the court to transfer…the county where the defendants or some of them reside at the commencement of the action is the proper court for the trial of that action”. Defendants are correct in asserting that another provision of this ge...
2019.12.17 Motion for Leave to File Amended Complaint 814
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2019.12.17
Excerpt: ...ial (TRG), §§6:653, 6:639. A denial of leave to amend is appropriate where the pleading is defective as a matter of law, and the defect cannot be cured by further amendment. Id., at §6:646. However, unless the defect is fatal, the court should not consider the merits of the proposed pleading in deciding whether to grant leave to amend. Id., at §6:644. The new allegations in the proposed SAC as to indemnity, tax consequences as damages, and in...
2019.12.16 Motion for Preliminary Approval of Class Action Settlement 398
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2019.12.16
Excerpt: ...ngth and is not collusive; • An estimate of what each class member will receive in the settlement; • Plaintiff should also provide further information which allows “an understanding of the amount that is in controversy and the realistic range of outcomes of the litigation… The salient point is whether the factual record before the court is sufficiently developed to allow the LAW AND MOTION TENTATIVE RULINGS DATE: DECEMBER 16, 2019 TIME: 8...
2019.12.12 Motion to Strike or Tax Costs, for Attorney's Fees 126
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2019.12.12
Excerpt: ...3.5(c)(2) Regarding Item 11 Models, illustrations, Plaintiff is to provide a further declaration related to the $21,695.00 requested to allow the Court to evaluate the reasonableness and LAW AND MOTION TENTATIVE RULINGS DATE:DECEMBER 12, 2019 TIME: 8:30 A.M. 2 necessity of the illustrations by providing an itemization, date, and explanation for each illustration for which the cost is being requested. II. PLAINTIFF'S MOTION FOR ATTORNEY'S FEES The...
2019.12.3 Motion to Strike 848
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2019.12.3
Excerpt: ...r” theory does not support the claim, as it does not apply where several joint defendants jointly commit a tort. Electrical Electronics Controls Inc v Los Angeles unified School District (2005) 126 Cal. App. 4th 601, 617. As to the claim for punitive damage: The SACC does not allege the malicious, oppressive or fraudulent conduct necessary for a punitive damage claim. The conclusory allegation that “in suppressing and concealing the true fact...
2019.12.2 Motion to Set Aside Default, Judgment 439
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2019.12.2
Excerpt: ...��1969 statutes required strict and exact compliance with the statutory requirements the provisions of the new law, according to its draftsmen, 'are to be liberally construed. "The provisions of this chapter should be liberally construed to effectuate service and uphold the jurisdiction of the court if actual notice has been received by the defendant.” (Espindola v. Nunez, (1988) 199 Cal. App. 3d 1389, 1391) There is no evidence here that Defen...
2019.11.8 Demurrer 218
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2019.11.8
Excerpt: ...laint is uncertain are presumptively within the defendant's knowledge. (Chen v. Berenjian, (2019) 33 Cal. App. 5th 811, 822) Because the date of conversion of the Property is presumptively within Defendant's knowledge, the demurrer is overruled on this basis. In addition, Plaintiffs have alleged sufficient facts to allege a duty on the part of Defendants to disclose that the conversion was not permitted. Therefore the demurrer to the Eleventh cau...
2019.11.8 Petition for Writ of Mandate 212
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2019.11.8
Excerpt: ...dinance by Failing to Follow the Procedures, and Make the Findings Required, by SCMC §§ 24.08.810 and 24.08.820 Before Issuing the PDP? The interpretation of Title 24 of the Zoning Ordinance, contained in the Santa Cruz Municipal Code, and specifically Parts 8 and 9 of Chapter 24.08 and Part 1 of Chapter 24.14, presents an issue of law which is subject to independent review. MHC Operating Ltd Partnership v City of San Jose (2004) 106 Cal. App. ...
2019.11.7 Motion for Summary Judgment 895
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2019.11.7
Excerpt: ...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. (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 party has proved each element of the cause of action entitling the party to judgment on ...
2019.11.6 Petition to Compel Arbitration 661
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2019.11.6
Excerpt: ...nnot be compelled to arbitrate the dispute under an agency theory. (A preexisting relationship between the nonsignatory and one of the parties to the arbitration agreement is a common factor in compelling the nonsignatory to arbitrate. County of Contra Costa v. Kaiser Foundation Health Plan, Inc., (1996) 47 Cal. App. 4th 237, 242) As to finding that Allied is the alter ego of Oreb/Radensky, before the alter ego doctrine will be invoked in Califor...
2019.5.22 Motion for Judgment on the Pleadings 087
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2019.5.22
Excerpt: ... Cal., (1986) 182 Cal. App. 3d 1079, 1083) Although here the Second Amended Criminal Complaint and the County's Civil Complaint both allege that Pastore violated Santa Cruz County Code Sections 16.20.210(a); 16.30.080(a);16.22.160(b); and 12.10.430(b), (see Complaint herein and Plaintiff's RJN Ex.'s F), the County's civil Complaint also alleges violations of Santa Cruz County Code Section 7.126.040. While the County states in a footnote that it d...
2019.5.17 Motion for Preliminary Injunction 250
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2019.5.17
Excerpt: ...he application for a preliminary injunction. Mr. Frey's May 3 letter requesting the continuance states only that “The defendants need time. to determine whether Ryan Rodriguez is guarantor on certain of the company vehicles as well as other business details”. Plaintiffs' application seeks a turn over order as to only one vehicle: a Ford truck. The hearing on this matter was originally set for May 10, has already been continued for six days, a...
2019.5.16 Motion to Reconsider 497
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2019.5.16
Excerpt: ... the same judge or court that made the order, to reconsider the matter and modify, amend, or revoke the prior order. The party making the application shall state by affidavit what application was made before, when and to what judge, what order or decisions were made, and what new or different facts, circumstances, or law are claimed to be shown. The motion must be accompanied by an affidavit (declaration) from the moving party stating: ‐what ap...
2019.5.2 Motion to Approve Compromise of Minor 277
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2019.5.2
Excerpt: ...uested, Cal Rules of Court, Rule 7.955 Attorney's fees for services to a minor provides: (a) Reasonable attorney's fees “(1) In all cases under Code of Civil Procedure section 372 unless the court has approved the fee agreement in advance, the court must use a reasonable fee standard when approving and allowing the amount of attorney's fees payable from money or property paid or to be paid for the benefit of a minor”. Santa Cruz C...
2019.5.2 Motion to Tax and Strike Costs 477
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2019.5.2
Excerpt: ...�judicial relief” or a recovery other than money. The condition was imposed only to confirm and clarify the representations made by Mr. Haag that he that he forever waived any rights to assign or license use of the property for skydiving purposes. Although Petitioners obtained their litigation objective, this was not the result of any actions or change in position by the County. As to the real Parties in Interest the evidence before the court d...
2019.5.2 Motion for Summary Judgment, Adjudication 552
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2019.5.2
Excerpt: ...Issues 1‐4, 6, 9‐15, and 18 CRC 3.1350(d)((2) provides: “The separate statement should include only material facts and not any facts that are not pertinent to the .disposition of the motion”. Defendants' Separate Statement therefore concedes the materiality of each of the facts included therein. If triable issues are raised as to any one of these issues the motion must be denied. Weil & Brown, Cal. Practice Guide: Civil Procedure Before T...
2019.4.17 Motion for Terminating Sanctions 920
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2019.4.17
Excerpt: ...ntiff has failed to obey the court order and the motion for sanctions will be granted as set forth below. B. Form Interrogatories Plaintiff has also failed to obey the court order to produce further responses to Lyng's Form Interrogatories, Set One. Therefore the motion for sanctions will be granted as set forth below. C. Request for Production Plaintiff has failed to obey the court order to produce complete responses to Lyng's Request for Produc...
2019.4.12 Motion to Compel Deposition 306
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2019.4.12
Excerpt: ...ompel pursuant to Cal Code Civ Proc § 2025.480(b) applies, not the 20 days set forth in CCP § 1985.3(g). Calcagno purports to have mailed written objections on 12/21/18 electronically and by US mail. (No proof of service by mail pursuant to CCP § 1013a or proof of electronic service compliant with CCP§ 1013b has been filed.) Sixty days from 12/21/18 is 2/19/19. Adding two court days for electronic service pursuant to CCP § 1010.6(a)(3) is 2/...
2019.4.10 Motion to Continue Trial 293
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2019.4.10
Excerpt: ...to serve discovery until Jan. 17, 2019. Moreover, although Plaintiff's discovery responses were apparently due Feb. 16, 2019 and Defendant has not yet received them, it does not appear from the court file or the pleadings that Defendant has filed a motion to compel those responses. In addition, there is an alternative means to address the problem that gave rise to the motion for a continuance in that Defendant can file an ex parte application to ...
2019.4.4 Motion for Summary Judgment, Adjudication 462
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2019.4.4
Excerpt: ... or that Kramer's claim for sick pay and penalties is preempted by the Labor Management Relations Act (LMRA). I. ANALYSIS The court is to conduct a de novo trial of an appeal from a decision of the Labor Commissioner on an employee complaint regarding wage and hour violations, pursuant to Labor Code §98.2. However, on a motion for summary judgment Appellant bears the burden of persuasion that there is no triable issue of fact and that Appellant ...
2019.4.4 Motion for Attorney's Fees 358
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2019.4.4
Excerpt: ...App. 4th 1187,1196) As to whether attorney's fees should not be awarded because neither side argued that the written contract was entered or agreed to, whether a party is entitled to attorney's fees for the purpose of invoking Civil Code section 1717 depends not on the evidence adduced at trial or some interim proceeding, but on the pleadings"(Manier v. Anaheim Bus. Ctr. Co., (1984) 161 Cal. App. 3d 503, 508). Here Plaintiffs allege in the SA...
2019.3.28 Motion to Expunge Lis Pendens 615
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2019.3.28
Excerpt: ...n Castro v. Superior Court, (2004) 116 Cal. App. 4th 1010, 1022‐1023. Although the complaint here contains a cause of action for declaratory relief which would, if meritorious, affect the use of an easement identified in the pleading and therefore constitutes a “real property claim”, Plaintiff did not establish by a preponderance of the evidence the probable validity of her claim. Therefore, had the lis pendens not been withdrawn, the Court...
2019.3.28 Motion to Stay or Dismiss Complaint 689
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2019.3.28
Excerpt: ...g based on its interpretation of the Purchase Agreement under English law. The court assumes that the U.K. court will determine the financial obligations at issue between Carl and Fisken arising under the Purchase Agreement. Thereafter, this Court will determine Canepa's obligations concerning time, manner and place of LAW AND MOTION TENTATIVE RULINGS DATE: MARCH 28, 2019 TIME: 8:30 A.M. delivery of the gear box and any other issues not resolved ...
2019.3.27 Motion for Judgment that Lien Asserted is Null and Void 038
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2019.3.27
Excerpt: ...r and/or file its own cross‐complaint. The Cross‐Complaint filed by Alfredo Trinidad and the Landis Law Firm is therefore not yet at issue. Additionally, Cross‐Complainants have not provided authority for determining the competing claims of the parties on a regular motion as opposed to a motion for summary judgment ...
2019.3.26 Demurrer 251
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2019.3.26
Excerpt: ... (2016) 63 Cal. 4th 148, 155 as “where a person has assumed significant responsibility for attending to one or more of those basic needs of the elder or dependent adult that an able bodied and fully competent adult would ordinarily be capable of managing without assistance”. A landlord‐tenant relationship is not a caretaking or custodial relationship under this definition. Plaintiff has also failed to allege an Elder Abuse cause of action b...
2019.3.21 Motion for Leave to Amend Answer 059
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2019.3.21
Excerpt: ...a consideration as is the policy of trying cases upon their merits.” (3 Witkin CA Procedure (5th Ed. 2008) Actions § 433.) Although Plaintiff argues that the Court previously determined that Defendant waived or forfeited the limitations defense in its ruling on the summary judgment motion. (Opposition p. 3:10), as Defendant correctly points out, the Court's Order denying the MSJ states, “IT IS ORDERED that the motion for summary judgment is ...
2019.3.15 Petition for Writ of Mandate and Complaint for Declaratory and Injunctive Relief 803
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2019.3.15
Excerpt: ...clude facts or expert opinion and therefore did not raise a significant environmental effect; that the EIR was not legally required to analyze the Project's consistency with the SSCCP; that with augmentation of the Administrative Record and the lodging of a certified addendum to the Administrative Record, the Administrative Record is sufficiently LAW AND MOTION TENTATIVE RULINGS DATE: MARCH 8, 2019 TIME: 8:30 A.M. complete; and that Petitioner's ...
2019.3.14 Motion to Enforce Settlement 495
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2019.3.14
Excerpt: ...ts to litigate its bad faith claims against NASIC. Plaintiff does not dispute that the 10/9/13 General Indemnity Agreement between Plaintiff and NASIC controls their rights and obligations. Nor does it appear that Plaintiff disputes that it was in breach of its obligations owing to NASIC when it failed to pay subcontractors and failed to respond to NASIC's collateral demand of 3/11/16. Accordingly, pursuant to the Assignment clause of the Indemni...
2019.3.12 Demurrer 771
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2019.3.12
Excerpt: ...its”. Lantzy v Centex Homes (2003) 31 Cal. 4th 363, 369. Plaintiff is therefore unable to rely on the “discovery rule” to extend the 10‐year limitations period., which expired, at the latest, by January 2014. While equitable estoppel may extend the 10‐year limitations period under Lantzy, Plaintiff has pled no facts indicating that defendants' conduct directly prevented her from filing suit. Plaintiff's allegations fall short of those a...
2019.3.8 Petition for Writ of Mandate and Complaint for Declaratory and Injunctive Relief 803
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2019.3.8
Excerpt: ...clude facts or expert opinion and therefore did not raise a significant environmental effect; that the EIR was not legally required to analyze the Project's consistency with the SSCCP; that with augmentation of the Administrative Record and the lodging of a certified addendum to the Administrative Record, the Administrative Record is sufficiently LAW AND MOTION TENTATIVE RULINGS DATE: MARCH 8, 2019 TIME: 8:30 A.M. complete; and that Petitioner's ...
2019.3.7 Motion for Summary Judgment, Adjudication 544
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2019.3.7
Excerpt: ...ormed and believes that in or around November or December 2016, the servicing of his mortgage loan transferred to Defendant Bayview. However, Plaintiff was not notified of the servicing transfer by either SPS or Bayview prior to the date that the servicing of his loan transferred to Bayview.” (Complaint ¶ 08) However SPS provides a copy of a letter dated 11/14/16 indicating servicing of the Loan was being transferred to Bayview. (Defendant's C...
2019.3.5 Petition to Compel Arbitration 106
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2019.3.5
Excerpt: ...��972) the lease provision here that provides for mandatory arbitration is unenforceable as it is both procedurally and substantively unconscionable. (see Penilla v. Westmont Corp., (2016) 3 Cal. App. 5th 205, 212‐218) The arbitration provision is procedurally unconscionable in that: ‐It did not detail the amount of arbitration fees. Nor were fee schedules for JAMS arbitrators attached. (see Ex. A to ELP Petition to compel filed 11/26/18) ‐...
2019.2.28 Motion for Summary Judgment, Adjudication 544
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2019.2.28
Excerpt: ...ormed and believes that in or around November or December 2016, the servicing of his mortgage loan transferred to Defendant Bayview. However, Plaintiff was not notified of the servicing transfer by either SPS or Bayview prior to the date that the servicing of his loan transferred to Bayview.” (Complaint ¶ 08) However SPS provides a copy of a letter dated 11/14/16 indicating servicing of the Loan was being transferred to Bayview. (Defendant's C...
2019.2.27 Motion to Expunge Lis Pendens 555
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2019.2.27
Excerpt: ...ts have met their burden of overcoming the presumption of reasonableness of enforcing the 1954 CC&R's today. (Nahrstedt v. Lakeside Village Condominium Assn., (1994) 8 Cal. 4th 361, 380‐381): 1. Increasing housing for low to moderate residents is a public policy: (see Alfaro v. Community Housing Improvement System & Planning Assn., Inc., (2009) 171 Cal. LAW AND MOTION TENTATIVE RULINGS DATE: FEBRUARY 27 , 2019 TIME: 8:30 A.M. App. 4th 1356,...
2019.2.27 Motion to Strike Punitive Damages 832
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2019.2.27
Excerpt: ...nt ¶¶ 37,60,63) “Nonintentional torts may also form the basis for punitive damages when the conduct constitutes conscious disregard of the rights or safety of others. ( Taylor v. Superior Court, supra, 24 Cal.3d 890; G. D. Searle & Co. v. Superior Court (1975) 49 Cal. App. 3d 22 [122 Cal. Rptr. 218].) Nonintentional conduct comes within the definition of malicious acts punishable by the assessment of punitive damages when a party intentionall...
2019.2.26 Demurrer 510
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2019.2.26
Excerpt: ....A to Konzen Reply, Dervishian's First Amended Answer to FAC in case no. 16CV00307 p. 2:6‐13.) This allegation is inconsistent with the allegation in the FAC that “Plaintiffs are informed and believe, and thereon allege, that the City has no easement for public utilities situated with[in] the boundaries of Doane Street or Stable Street” (FAC ¶ 9), “The general rule, is that material factual allegations in a verified pleading that are omi...
2019.2.26 Motion to Amend Judgment 430
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2019.2.26
Excerpt: ...bts (TRG 2018) §6:1564.) Here the judgment is against Defendant Marcia McClosky, an individual. (see Ex. A to Motion.) In addition, out of due process concerns, a default judgment, such as the one obtained here, is not subject to such an amendment (based on an alter ego theory). (Motores de Mexicali, S. A. v. Superior Court of Los Angeles County, (1958) 51 Cal. 2d 172,178) The motion to amend the judgment is denied without prejudice. ...
2019.2.21 Motion for New Trial 683
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2019.2.21
Excerpt: ...owledge and Evid. Code Sec. 1150: Sustained. Declaration of Roxanne Thompson 6. Paragraph 5 on the grounds speculative and no personal knowledge: Sustained. 7. Paragraph 6 on the grounds of hearsay, irrelevant, lack of foundation and Evid code Sect. 1150: Sustained. 8. Paragraph 7 on the grounds Evidence Code § 1150, and irrelevant: Sustained. 9. Paragraph 8 on the grounds of hearsay, Evidence Code § 1150, and irrelevant: Sustained. LAW AND MOT...
2019.2.21 Demurrer 324
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2019.2.21
Excerpt: ... alleged the necessary element of a lack of consent to Defendants' release of hazardous substances in the course of Defendants' operation of their dry‐cleaning businesses. While the judicially noticeable documents demonstrate that Plaintiff's parents consented to Defendants' use of the leased premises for the purpose of operating a dry‐cleaning business, the issue of whether this necessarily constitutes consent to the release of hazardous sub...
2019.2.15 Motion for Summary Judgment, Adjudication 222
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2019.2.15
Excerpt: ...back to plaintiff to establish the employer's articulated reason was a “pretext” or cover‐up for unlawful discrimination. (CA Practice Guide (TRG 2018) Employment Litigation § 7:390) To establish a prima facie case of unlawful discrimination Plaintiff must show: ‐Plaintiff was a member of a protected class; ‐Plaintiff was qualified for the position sought or was competently performing in the position held, satisfying the employer's exp...
2019.2.14 Demurrer, Petition for Injunction 386
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2019.2.14
Excerpt: ...is not a bar to bringing a new action within the period of the statute of limitations. (Lewis v. Johnson, (1939) 12 Cal. 2d 558,563) “The pendency of another earlier action growing out of the same transaction and between the same parties is a ground for abatement of the second action…where the court determines there is another action pending raising substantially the same issues between the same parties, it is to enter the interlocutory judgm...
2019.2.14 Motion for Summary Judgment, Adjudication 127
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2019.2.14
Excerpt: ...n Plaintiff's cross‐complaint and summary adjudication of Defendants' affirmative defenses is granted. The motion for summary judgment on Defendants' cross‐complaint is denied, without prejudice, as the motion was filed prior to the filing of the First Amended Cross‐Complaint and the currently operative Second Amended Cross‐Complaint, which supersedes the prior Cross‐ Complaints. Plaintiff has met its threshold burden of proof by establ...
2019.2.14 Motion to Set Aside Default, Judgment 366
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2019.2.14
Excerpt: ...xcusable neglect.” (CA CCP§ 473.5 (c)) Here, during the time period in which Defendant failed to comply with his mandatory statutory duty to inform the the California State Bar of his address, Defendant either through intentional avoidance or inexcusable neglect, evaded Plaintiff's reasonable, diligent attempts at service on him of the summons and complaint. This occurred after Defendant had been expressly warned that Plaintiff intended to sue...
2019.2.8 Motion for Summary Judgment, Adjudication 222
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2019.2.8
Excerpt: ...stablished, or that there is a complete defense to the cause of action. There is a triable issue of material fact if, and only if, the evidence would allow a reasonable trier of fact to find the underlying fact in favor of the party opposing the motion in accordance with the applicable standard of proof…If there is a single such issue, the motion must be denied…On a motion for summary adjudication , the test is whether there is any “triable...
2019.2.7 Demurrer, Motion to Strike 267
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2019.2.7
Excerpt: ...bstantive law. (Lawrence v. Bank of Am.(1985), 163 Cal. App. 3d 431, 436) MOTION TO STRIKE PORTIONS OF FAC Plaintiff has not alleged conduct which is despicable, i.e. so vile, base, contemptible, miserable, wretched or loathsome that it would be looked down upon and despised by ordinary decent people. (Tomaselli v. Transamerica Ins. Co., (1994) 25 Cal. App. 4th 1269, 1286‐1287) Nor has she provided support for the notion that the probable (as o...
2019.2.5 Demurrer 004
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2019.2.5
Excerpt: ...do not demonstrate that the corporate contract is unenforceable based on the statute of frauds, because (1) the contract was not impossible to be performed within one year, as a sale of Enabledware and the repayment of the loan from the sale proceeds could have happened at any time: (2) the FAC alleges that the contract was documented in writing; and (3) the FAC does not demonstrate that Plaintiff was in the business of lending, and instead only ...
2019.2.4 Motion for Summary Adjudication 303
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2019.2.4
Excerpt: ...ocedure Before Trial, Weil & Brown, 2018, 10:270‐271. Pg. 10‐130‐ 131.) The evidence here would allow a reasonable trier of fact to find that SARL IROC, through its agent Lecourt, entered the contract and therefore has standing. (see Exhibits B and Exh. C to Plaintiff's separate statement, Sale and Purchase Agreement dated 1/19/16 and emails dated Jan. 12 & 13, 2016 between Jordan and Lecourt.) As to whether Plaintiff has standing to bring ...
2019.2.1 Petition for Writ of Mandate 101
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2019.2.1
Excerpt: ...vironmental review pursuant to CEQA. Petitioner challenges RTC's decision to enter into an ACL rather than apply to the Surface Transportation Board for approval of the abandonment of the line, RTC's choice of St. Paul as an operator, and two particular elements of the ACL: (1) St. Paul's freight operations on the Branch Line; and (2) RTC's commitment to make FEMA funded repairs to the storm damaged Line necessary for St. Paul to operate the perm...

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