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

390 Results

Location: Santa Cruz x
2021.10.20 Motion for Stay, to Deem Matters Admitted, to Compel Further Responses, Demurrer 735
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2021.10.20
Excerpt: ... BRAD DATSON The motion is denied. On 10/16/19 Plaintiff's counsel personally served Hoffmann's first set of requests for admissions on Brad Datson which consisted of 23 RFA's. (Ex. A to Shearer Dec.) The responses were due served within 30 days after service of the RFA's, i.e. on or before 11/15/19. (CCP § 2033.250) On 11/27/19 verified responses were served without objection. (12 days late). (Shearer Dec. filed 3/30/21 ¶ 2) Cal Code Civ Proc ...
2021.10.19 Demurrer 550
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2021.10.19
Excerpt: ...ment of a cause of action for breach of fiduciary duty. (see FAC pp. 2:12‐3:1, 3:2‐8, 3:23‐ 25) Turning to the Second cause of action for negligence, Plaintiff has pleaded each element of the cause of action, (Rosencrans v. Dover Images, Ltd. (2011) 192 Cal.App.4th 1072, 1082; FAC ¶¶ 7,13,14) therefore the demurrer is overruled. The demurrer to the Third cause of action for gross negligence is overruled. Plaintiff has pleaded each element...
2021.10.18 Motion for Preliminary Injunction 301
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2021.10.18
Excerpt: ...onable probability of success on the merits; and (2) who will suffer greater injury? (Weil & Brown, Civ. Pro. Before Trial, §9:522, 9:527, 9:531,) The burden of proof is on the moving party to show all elements necessary to support the issuance of a preliminary injunction. (Weil & Brown supra at 9:632.1.) In ruling on the motion, the court is to evaluate the potential merits and interim harm factors, and the greater the showing on one, the less ...
2021.10.15 Special Motion to Strike Complaint 165
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2021.10.15
Excerpt: ... act underlying the plaintiff's cause fits one of the categories spelled out in section 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. F...
2021.10.14 Motion to Appoint Arbitrator or for Reconsideration to Compel Arbitration 910
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2021.10.14
Excerpt: ... of written notice of entry of the order and based upon new or different 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. Unless the requirements of section 437c, subdivision (f)(2), or 1008 are satisfied, any action to reconsider a prior interim order must formally begin with the court on its own motion. (Le Francois v. Goel (2005...
2021.10.14 Demurrer 424
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2021.10.14
Excerpt: ...court is reinvested with jurisdiction of the cause, but only such jurisdiction as is defined by the terms of the remittitur. The trial court is empowered to act only in accordance with the direction of the reviewing court; action which does not conform to those directions is void. (Hampton v. Superior Court of Los Angeles County (1952) 38 Cal.2d 652, 655 [242 P.2d 1].) Here, the 6DCA stated in the Remittitur, “Subdivision (b) of section 389 giv...
2021.10.08 Motion for Summary Judgment, Adjudication 161
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2021.10.08
Excerpt: ...onable apprehension of serious injury including pecuniary loss or the prejudicial alteration of one's position. (Thompson v. Ioane (2017) 11 Cal.App.5th 1180, 1193‐ 1194.) Defendants have met their burden of showing that a cause of action has no merit if the party has shown that one or more elements of the cause of action, even if not separately pleaded, cannot be established by showing they were holder of the note at the time of the Trustee's ...
2021.10.08 Demurrer 326
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2021.10.08
Excerpt: ...leave to amend. The demurrer to the Third cause of action for Intimidation is sustained with leave to amend as the allegations are vague, uncertain, and unintelligible. Plaintiff's allegations do not state sufficient facts to constitute a cause of action for retaliation (Civil Code §1 942.5), therefore the demurrer to the Fourth cause of action is sustained with leave to amend. The allegations the Fifth cause of action for Negligent Breach of Co...
2021.10.07 Motion to Disqualify Expert 814
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2021.10.07
Excerpt: ...e that a confidential relationship existed. (Id at 1083.) Here, a signed retainer Agreement governed Hansen's involvement in the 2013 Action. The Agreement explicitly describes the purpose and scope of Mr. Hansen's engagement in the 2013 Action. Attorney Kevin Cody retained Mr. Hansen as an expert witness on behalf his clients Richard Bartel and Ellen Stok. Hansen was engaged to “perform services as an expert consultant and possible witness” ...
2021.10.07 Motion for Reconsideration 832
Location: Santa Cruz
Judge: Volkmann, Timothy Dept 5
Hearing Date: 2021.10.07
Excerpt: ...s that in order to serve process in the PRC, as per the US Supreme Court, service must be pursuant to the Hague Service Convention. (https://www.legallanguage.com/international‐ litigation/service‐of‐process/countries/China/ pg.1) As to the exception that the Hague Convention shall not apply where the address of the person to be served with the document is not known, the only reasonable construction of the “address of the person to be ser...
2021.10.05 Demurrer 183
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2021.10.05
Excerpt: ...bt may give rise to a LAW AND MOTION TENTATIVE RULINGS DATE: OCTOBER 5, 2021 TIME: 8:30 A.M. 3 claim of intrusion upon seclusion.(Masuda v. Citibank, N.A. (N.D.Cal. 2014) 38 F. Supp. 3d 1130, 1134.) Plaintiff has alleged sufficient facts to constitute a cause of action, therefore the demurrer is overruled. The demurrer to the Fourth Cause of Action for violation of the Telephone Consumer Protection Act (47 USCS § 227) is overruled. Plaintiff all...
2021.10.05 Demurrer 010
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2021.10.05
Excerpt: ...acy to commit trespass or conversion, (Opposition pg3:27), except in limited circumstances which do not apply here, a party to a contract cannot recover damages in tort for breach of contract... The Court's job is to determine whether the essence of the claim is fundamentally based on conduct that sounds in contract or in tort. (JRS Products, Inc. v. Matsushita Electric Corp. of America (2004) 115 Cal.App.4th 168, 181 [8 Cal.Rptr.3d 840].) The es...
2021.10.04 Special Motion to Strike Complaint 165
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2021.10.04
Excerpt: ... act underlying the plaintiff's cause fits one of the categories spelled out in section 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. F...
2021.10.01 Motion to Strike Punitive Damages 320
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2021.10.01
Excerpt: ...ges on this basis, the plaintiff must establish that the defendant was aware of the probable dangerous consequences of his conduct, and that he willfully and deliberately failed to avoid those consequences. Taylor v. Superior Court of Los Angeles County (1979)24 Cal. 3d 890, 895‐896.Nonintentional conduct comes within the definition of malicious acts punishable by the assessment of punitive damages when a party intentionally performs an act fro...
2021.09.28 Motion for Further Discovery Orders Including Terminating Sanctions 702
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2021.09.28
Excerpt: ...1999) 75 Cal. App. 4th 486, 496; Valbona v. Springer (1996) 43 Cal.App.4th 1525. Willfulness does not require a wrongful intention. A simple lack of diligence may be deemed willful where the party knew there was an obligation, had the ability to comply, and failed to do so. Deyo v. Kilbourne (1978) 84 Cal.App.3d 771, 787. The party on whom the discovery was sought has the burden to show that the failure was not willful. Id. at 788. On March 2, 20...
2021.09.20 Petition for Writ of Mandate 315
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2021.09.20
Excerpt: ...ll and opening of the private patio areas to unfettered public access and the Rio Del Mar Flats Stormwater drainage project, in a full EIR; and (c) to comply with the Coastal Act's requirement that the County obtain a CDP in a noticed hearing for its opening of a new public walkway and installation of appurtenant structures. The threshold issue is whether the project was adequately described in the County's Notice of Exemption. For the reasons se...
2021.09.17 Motion for Leave to File Records Under Seal 149
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2021.09.17
Excerpt: ... supports sealing the records. (3) A substantial probability exists that the overriding interest will be prejudiced if the records are not sealed. (4) The proposed sealing is narrowly tailored; and (5) No less restrictive means exist to achieve the overriding interest. The facts supporting these findings are as follows: During discovery, Defendant produced pursuant to a signed and stipulated protective order (filed 5/4/21) unredacted Exhibits 3...
2021.09.10 Motion for New Trial, to Vacate and Set Aside Judgment to Dismiss Case 537
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2021.09.10
Excerpt: ... finds that none of these ground have merit, and the motion is therefore denied. 1. Newly discovered evidence, material for the party making the application, which he could not, with reasonable diligence, have discovered and produced at the trial [§657(4)]: As “new evidence” Petitioner asserts that “the trial court failed to examine the fact that the Sixth District Court of Appeal, the higher court where she filed her action in the first L...
2021.09.09 Petition to Compel Arbitration 249
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2021.09.09
Excerpt: ... is raised, whether it is enforceable. Because the existence of the agreement is a statutory prerequisite to granting the petition, the petitioner bears the burden of proving its existence by a preponderance of the evidence. If the party opposing the petition raises a defense to enforcement that party bears the burden of producing evidence and proving by a preponderance of the evidence any fact necessary to that defense. Rosenthal v Great Western...
2021.09.08 Motion for Summary Judgment, Adjudication 057
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2021.09.08
Excerpt: ...ion for negligence, for failure to file a timely government tort claim; and is denied as to the causes of action for equitable indemnity, apportionment of fault and declaratory relief. Summary judgment/adjudication as to Plaintiffs' complaint The City moves for summary judgment/adjudication as to Plaintiffs' complaint on the following grounds: • Inverse condemnation: (1) Plaintiffs cannot establish the “public project” element of this claim...
2021.09.08 Motion for Judgment on the Pleadings 335
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2021.09.08
Excerpt: ... manufacturer furnishing finished products, materials, or articles of merchandise who does not install or contract for the installation of those items) the O'Bannon declaration says he delivered various items to the jobsite. (O'Bannon Dec. filed 7/16/21 pg.1:26) In addition, the contract is for building the cabinets, not installing. It says on the bottom of the contract, “No install quoted”. (Ex 1 to complaint) Because Plaintiff did not insta...
2021.09.08 Demurrer, Motion to Strike 059
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2021.09.08
Excerpt: ...quasi‐specific performance of contract to make will/trust; (7th c/a) declaratory relief; (8th c/a) quiet title; (9th c/a) slander of title; (11th c/a) reclamation of decedent's property; and (12th c/a) false promise Defendants assert that Plaintiff's claims all arise from the Warranty Deed which the decedent, Don Harris Lee, executed on October 29, 2012 and recorded on November 5, 2012; that as the transferee Plaintiff had knowledge of the Warr...
2021.09.07 Motion for Terminating Sanctions 022
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2021.09.07
Excerpt: ...il Procedure Before Trial§ 8:2235) Plaintiff is ordered to provide the discovery responses subject of this Court's orders filed 3/16/21 (RFP's, form and special interrogatories) within 15 days of service of this order. In addition, further proceedings by Plaintiff are hereby stayed until the orders for discovery filed 3/16/21 are obeyed. Defendants are awarded further monetary sanctions in the amount of 8 hours x $260.00/hour =$2,080.00 against ...
2021.09.02 Demurrer 755
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2021.09.02
Excerpt: ...onditional acceptance for value for proof of claim upon DCSS services contract for determination of meeting of the minds, fraud of the contract and/or unconscionable contract and/or agreement for commercial discharge”, “Notice of Fault [sic] and opportunity to cure and contest acceptance”, “Affidavit of notice of default”, and “Certificate of non‐response” are not contracts. “All that is required of a plaintiff, as a matter of p...
2021.09.01 Demurrer 025
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2021.09.01
Excerpt: ... allegations do not suffice." (Lazar v. Superior Court (1996) 12 Cal.4th 631, 645. The pleading should be sufficient '"to enable the court to determine whether, on the facts pleaded, there is any foundation, prima facie at least, for the charge of fraud." ' " (Committee on Children's Television, Inc. v. General Foods Corp. (1983) 35 Cal.3d 197, 216‐217). Thus, a plaintiff must plead facts which show how, when, where, to whom, and by what means ...

390 Results

Per page

Pages