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181 Results

Location: Santa Cruz x
2020.03.30 Demurrer 692
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2020.03.30
Excerpt: ......
2020.03.25 Motion for Summary Judgment 488
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2020.03.25
Excerpt: ...irmation of Verbal Agreement for Emergency Force Account Agreement dated January 25, 2017. ▪ Disputed issues of fact exist as to whether CALTRANS Project Engineers asserted control over debris hauling and dumping practices used by Graniterock. LAW AND MOTION TENTATIVE RULINGS DATE: MARCH 25, 2020 TIME: 8:30 A.M. 2 Supporting evidence UMF No. 6, 10, 17—Plaintiffs' Exhibit. K [Lauderdale depo] , at 39:6‐15, 129:15‐130:9; Exhibit B [Wright d...
2020.03.23 Motion for Summary Judgment, Adjudication 274
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2020.03.23
Excerpt: ...ctively concedes the materiality of whatever facts are included. Thus, if a triable issue is raised as to any of the facts in the separate statement, the motion should be denied. Nazir v. United Airlines, Inc., 178 Cal. App. 4th 243, 252 (Cal. App. 1st Dist. 2009. The court finds that triable issues of material fact are raised as to each of the issues submitted by Defendants for summary adjudication. Based on the declaration of Plaintiff's expert...
2020.03.18 Demurrer, Motion to Strike 754
Location: Santa Cruz
Judge: Gallagher, John
Hearing Date: 2020.03.18
Excerpt: ...n enough to allow Defendants to understand the nature of the allegations against them, and the theory of liability in order to fashion an appropriate response. Any ambiguities can be clarified under modern discovery procedures. (Id.) The face of the first and second causes of action for breach of contract and breach of the implied rental agreement does not reveal that the oral rental agreement was for more than one LAW AND MOTION TENTATIVE RULING...
2020.03.13 Motions for Attorney's Fees 303
Location: Santa Cruz
Judge: Gallagher, John
Hearing Date: 2020.03.13
Excerpt: ...ttorney's fees”. The parties agree that this provision is broad enough to encompass both contractual and non‐contractual claims. In this case Defendants successfully defended the contractual claims, while Plaintiff received a monetary award on the non‐contractual claim for conversion. The court is therefore guided by Maynard v BTI Group, Inc.(2013) 216 Cal. App. 4th 984, which holds that in this situation the general provisions of the Code ...
2020.03.13 Motion for Summary Judgment, Adjudication 327
Location: Santa Cruz
Judge: Gallagher, John
Hearing Date: 2020.03.13
Excerpt: ... 2 Circle Dr., Santa Cruz, CA (“the Property”) at a trustee's sale, despite Plaintiffs' submission of a complete loan modification application. (First, Third, Fourth, and Fifth causes of action) As to those four surviving causes of action, the following paragraphs constitute the allegations of the operative TAC following the demurrer and motion to strike the TAC: ¶¶40(b), 56‐59, 78‐80,82‐86,88‐ 105,107‐113. (see Order on demurrer ...
2020.03.12 Demurrer 315
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2020.03.12
Excerpt: ...22.20.) As a general rule in testing a pleading against a demurrer the facts alleged in the pleading are deemed to be true, however improbable they may be. (Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604.) Therefore the demurrer to the first cause of action for quiet title is overruled. As to the Second Cause of Action for violations of CEQA, the County's claimed public nuisance exemption from CEQA assumes that the C...
2020.03.10 Motion for Sanctions 380
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2020.03.10
Excerpt: ...5 allows the trial court to impose sanctions for frivolous actions or tactics made in bad faith. Plaintiff has not followed the safe harbor provision in this section; the trial court cannot award appellate sanctions; and while this court's orders were affirmed on appeal the appellate court decision does not indicate that the appeal was necessarily frivolous or in bad faith; • CCP §2025.430 provides for discovery sanctions for failure to attend...
2020.03.04 Motion for Protective Order 004
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2020.03.04
Excerpt: ...hood that the information sought will lead to the discovery of admissible evidence. The court may make this determination pursuant to a motion for protective order by a party or other affected person.” CCP §2017.020 (a). The court finds that justice requires the issuance of the requested protective order to protect Plaintiff from unwanted annoyance, embarrassment, oppression, or undue burden and expense; and that the intrusiveness of this disc...
2020.03.03 Demurrer 043
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2020.03.03
Excerpt: ... has run will not be permitted when the result is the addition of a party who, up to the time of the proposed amendment, was neither a named nor a fictitiously designated party to the proceeding. (Ingram v. Superior Court (1979) 98 Cal.App.3d 483, 492) Defendant Kurrus was neither a named nor a fictitiously designated party to the proceeding when the original complaint was filed. Moreover, while the Supreme Court has a liberal attitude toward all...
2020.03.02 Motion to Continue Trial Date and Extend Discovery Cut-Off Dates 090
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2020.03.02
Excerpt: ...parate trials of issues or causes of action will further convenience or “be conducive to expedition and economy”. The purpose of bifurcation is to promote judicial economy. Horton v Jones (1972) 26 Cal. App. 3d 952, 954. The preferred procedure is to try equitable actions first, where to do so will result in factual and legal findings that effectively dispose of the legal claims, and promote judicial economy. Weil and Brown, California Proced...
2020.02.20 Petition to Compel Contractual Arbitration 287
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2020.02.20
Excerpt: ...facbo (2003) 539 U.S. 52,55‐57; Valley View Health Care, Inc. v. Chapman (E.D.Cal. 2014) 992 F.Supp.2d 1016, 1029.) The FAA requires courts to place arbitration agreements “on equal footing with all other contracts” and a state rule that singles out arbitration agreements for disfavored treatment violates the FAA. (Kindred Nursing Ctrs. Ltd. P'ship v. Clark (2017) ___U.S.___ [137 S.Ct. 1421, 1423.) LAW AND MOTION TENTATIVE RULINGS DATE:FEBR...
2020.02.19 Demurrer, Motion to Strike 347
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2020.02.19
Excerpt: ... good faith and fair dealing overlap, this does not necessarily mean that the gravamen of the two counts is the same. Every contract contains an implied covenant of good faith and fair dealing providing that no party to the contract will do anything that would deprive another party of the benefits of the contract. (Digerati Holdings, LLC v. Young Money Entertainment, LLC, (2011) 194 Cal. App. 4th 873, 884‐885) The demurrer to the Third cause of...
2020.02.14 Motion to Compel Further Responses 754
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2020.02.14
Excerpt: ...she knows no facts that support her contention that the alleged misrepresentations were false when made, to say so. Special Interrogatory no. 27: Plaintiff is ordered to review her response and if there are other items of "valuable restaurant equipment” that Defendants were allowed to use as part of the oral agreement to rent, Plaintiff should identify each item with particularity. Special Interrogatory no. 31. Because Plaintiff no longer conte...
2020.02.13 Motion for Judgment on the Pleadings 362
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2020.02.13
Excerpt: ...d against a demurrer.” (Quelimane Co. v. Stewart Title Guaranty Co., (1998) 19 Cal. 4th 26, 38) (Contrary to Defendant's claim that section 2923.55 has been repealed and no longer exists, section 2923.55 was added by Stats 2018 ch 404 § 6 (SB 818), effective January 1, 2019.) Moreover because the motion is directed as to the entirety of the Complaint on the grounds that the Complaint fails to state any cognizable claims as to Defendant (Notice...
2020.02.10 Special Motion to Strike 950
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2020.02.10
Excerpt: ...or gravamen of the claim, i.e the “allegedly wrongful and injury producing conduct that provides the foundation for the claims”. Weil and Brown, California Procedure Before Trial, TRG, §7:775. The act “underlying the plaintiff's cause of action must itself have been an act in furtherance of the right of petition or free speech”; and the court must distinguish between “(1) speech or petitioning activity that is mere evidence related to ...
2020.02.05 Motion for Preliminary Approval of Class Action Settlement 995
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2020.02.05
Excerpt: ...y affiliates of Monomoy Capital Partners III],West Marine was sold to Monomoy for only $12.97 per common share. Plaintiff should state what a fair and reasonable price per common share would have been but for the allegedly severely conflicted and flawed sales process. (Plaintiff's P's & A's p. 2:19‐28) • [Repass'] actions resulted in the Company entering into lease agreements for properties owned or controlled by Repass, netting him “millio...
2020.02.03 Motion for Attorney's Fees 661
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2020.02.03
Excerpt: ...t provides that, “[In] Any action to enforce or interpret this Agreement… [the] prevailing party shall be entitled to reimbursement of fees, costs, and expenses incurred in connection with the action.” (Ex. A to Mohammed Declaration, Ex.A to Shields Declaration.) Cal Civ Code § 1717 Contract provision for attorney fees and costs provides: (a) In any action on a contract, where the contract specifically provides that attorney's fees and cos...
2020.02.03 Motion for Attorney's Fees 050
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2020.02.03
Excerpt: ...attorney‐client relationship with the attorney, and the fees are actually incurred. Witte v Kaufman (2006) 141 Cal. App. 4th 1201; Mix v. Tumanjan Development Corp. (2002) 102 Cal.App.4th 1318, 1324– 1325. Defendants have presented no evidence that Mr. Laydon was “in fact” retained and stood in an attorney‐client relationship with Defendants, or that the claimed fees were actually incurred (e.g. engagement agreement, amount billed, amou...
2020.01.31 Motion to Bifurcate Probate Petition for Separate and Early Hearing 084
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2020.01.31
Excerpt: ...e the civil claims. Moreover, bifurcation is not necessary here to promote judicial economy, convenience of witnesses, and the interests of justice. Contrary to Encompass' claim that an early hearing on the Probate Petition can be conducted in a few hours, without the need for live witnesses or testimony, (Encompass P's & A's p. 15:4) the court in Estate of Bennett, (2008) 163 Cal. App. 4th 1303 held that in a contested hearing, it was error to f...
2020.01.29 Motion for Summary Judgment, Adjudication 050
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2020.01.29
Excerpt: ...0:95.1, citing Nazir v United Airlines, Inc. (Cal. App. 1st Dist. 2009) 178 Cal. App. 4th 243, 252. Defendant has included UMFs No. 7 and 8 in its Separate Statement under Issue No 1 (the County is entitled to summary judgment because it is absolutely immune from liability pursuant to Govt. Code §831.2); under Issue No. 2 (the County is entitled to judgment on Plaintiffs' first cause of action because there was no notice of a dangerous condition...
2020.01.28 Motion for Attorneys' Fees 830
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2020.01.28
Excerpt: ...1033.5 (c)(1), (3). No declaration or other evidence has been presented demonstrating that fees have been incurred; and in the absence of any evidence as to how the fees were calculated there no way for the court to determine if the claimed fees are reasonable. The court may only award costs that are “reasonably necessary to the conduct of the litigation rather than merely convenient or beneficial to its preparation”. CCP §1033.5(c) (2). In...
2020.01.28 Demurrer 776
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2020.01.28
Excerpt: ...Quelimane Co. v. Stewart Title Guaranty Co.,(1998) 19 Cal. 4th 26, 38) Moreover, a demurrer is simply not the appropriate procedure for determining the truth of disputed facts.' The hearing on demurrer may not be turned into a contested evidentiary hearing through the guise of having the court take judicial notice of documents whose truthfulness or proper interpretation are disputable.”(Fremont Indemnity Co. v. Fremont General Corp., (2007) 148...
2020.01.14 Demurrer, Motion to Strike 035
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2020.01.14
Excerpt: ...nd partially oral”, and that the written agreement sets forth the terms of the agreement. He therefore meets the pleading standard for alleging a contract. Plaintiff alleges that the oral agreement was memorialized by the written agreement attached the FAC as Exhibit A. He further alleges on information and belief that it was signed by Defendants (i.e. signed by the party to be charged). A statute of frauds defense therefore does not appear on ...
2020.01.08 Motion for Summary Judgment 059
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2020.01.08
Excerpt: ...den, the burden shifts to the plaintiff to show that a triable issue of one or more material facts exists as to the defense. The contract here provides: No action of any character arising from or related to this contract or the performance thereof, the construction of the project or the furnishing of any work, labor services or material, shall be commenced by either party against the other more than two (2) years after completion or cessation of ...

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