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307 Results

Location: Santa Cruz x
2021.05.10 Motion to Strike Attorney Fees 899
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2021.05.10
Excerpt: ......
2021.05.07 Motion for Summary Judgment 219
Location: Santa Cruz
Judge: Burdick, Paul Dept 3
Hearing Date: 2021.05.07
Excerpt: ...ince the date of Mr. Dutra's death on March 29, 2016 to March 29, 2021, in the amount of $1,469,857.06 The Court finds that Well‐Pict has met its burden of proof in establishing that James R. Dutra is the debtor on the account. The Court directs the parties to appear at the hearing prepared to discuss whether the Declarations of George Schaff and Joan Taylor, which authenticate the book accounts, are sufficient to meet Well‐Pict's burden of p...
2021.05.06 Motion for Summary Adjudication 274
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2021.05.06
Excerpt: ...one or more material facts exists as to the cause of action or a defense thereto. The defendant shall not rely upon the allegations or denials of its pleadings to show that a triable issue of material fact exists but, instead, shall set forth the specific facts showing that a triable issue of material fact exists as to the cause of action or a defense thereto. CRC 3.1350 provides that the Separate Statement of Material Facts should include “onl...
2021.05.05 Motion for Mandatory Injunction 024
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2021.05.05
Excerpt: ...ese alleged changed circumstances (no evidence of any proposals or offers he has made, or when they occurred). Instead he provides only the vague statement that “Plaintiffs tried to exercise the option after the lease expired last year. We have continued to negotiate a price for my interest without any success. Not only have we used “best efforts' but we have used more than “best efforts”.”. (J. McEnery decl., ¶7.) Due to Defendant's f...
2021.04.30 Motion to Compel Answer, Production of Docs 017
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2021.04.30
Excerpt: ... Question No. 7 is also a contention question, therefore the objection is sustained. If the deposing party “wants to know what the adverse party is contending, or how it rationalizes the facts as supporting a contention, it may ask that question in an interrogatory. The party answering the interrogatory may then, with aid of counsel, apply the legal reasoning involved in marshaling the facts relied upon for each of its contentions. "[t]aking th...
2021.04.29 Anti-SLAPP Motion to Strike 004
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2021.04.29
Excerpt: ...ir burden of making a threshold prima facie showing that Mr. Lindow's cross‐complaint arises from protected activity. The allegations of the crosscomplaint demonstrate that the gravamen of the cross‐complaint is Mr. Maleksalehi's filing of his complaint against other parties (the Tabatabais), which Lindow claims caused Tabatabai to file a cross‐complaint against Lindow. The first c/a for abuse of process alleges that “pursuant to the goal...
2021.04.28 Motion to Intervene 709
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2021.04.28
Excerpt: ...rvene in an action if the trustee, legal owner, refuses to defend his title or claims adverse to the beneficiary. (Kobernick v. Shaw (1977) 70 Cal.App.3d 914, 919) According to Plaintiff's opposition, Jeanne Reveal has been evading service of process and to date has not been defending the claims. Therefore, her interest relating to the property or transaction is not being adequately represented by one or more of the existing parties. (CA CCP § 3...
2021.04.27 Motion for Summary Judgment, Adjudication 562
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2021.04.27
Excerpt: ... any cause 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)(2) A defendant has met his or her burden of showing that a cau...
2021.04.27 Motion for Relief from Waiver of Objections 488
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2021.04.27
Excerpt: ...ved on 1/21/21 are in substantial compliance with Sections 2031.210, 2031.220, 2031.230, 2031.240, and 2031.280. (see L. Kane Declaration filed 1/29/21 Ex. A) In addition, based on the declaration of Joseph De Hope, the Court finds that Keenan's failure to serve a timely response was the result of mistake, inadvertence, or excusable neglect. “[T]he trial court may relieve a party from the consequences of its failure to serve a timely response i...
2021.04.21 Motion for Leave to File TAC 267
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2021.04.21
Excerpt: ... constitute a cause of action. The failure of a proposed amendment to state facts sufficient to constitute a cause of action or defense may support an order denying a motion to amend. (Cal. Casualty Gen. Ins. Co. v. Superior Court (1985) 173 Cal.App.3d 274, 280) The employer‐employee relationship, such as that between Plaintiff and Defendant Lay here, is not covered by the Act, which is confined to discriminations against recipients of the "bus...
2021.04.20 Demurrer, Motion to Strike 897(2)
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2021.04.20
Excerpt: ...derivatives for the purpose of injecting or infusing is a rendition of a service, not a sale. H & S §1606. Consequently, companies cannot be held strictly liable in tort for personal injuries which result from these activities. Plaintiffs have pled that “the stem cells that were manufactured from the amniotic fluid is not a “blood component” or “blood derivative” because it was not a product produced from whole blood”. TAC ¶20. Defe...
2021.04.20 Demurrer, Motion to Strike 897
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2021.04.20
Excerpt: ...tential injury), and how to use the product to reduce or avoid the risks, to the extent that information is known to the manufacturer”. Buckner v Milwaukee Electric Tool Co.(2013)222 Cal. App 4th 522, 536. The “learned intermediary” defense does not appear on the face of the TAC, which alleges that “Dr. Lester reasonably believed that the intravenous administration of the stem cells to Mr. Reis was appropriate and pursuant to the FDA guid...
2021.04.13 Motion to Strike Portions of FAC 465
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2021.04.13
Excerpt: ...putation). (CA Practice Guide Civil Procedure Before Trial (TRG 2020) 6:158) The Second cause of action is also sustained without leave to amend. In order to justify an award of punitive damages on this basis, [conscious disregard of the safety of others] 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. (Taylo...
2021.04.13 Motion for Terminating Sanctions 362
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2021.04.13
Excerpt: ...a Dec. Ex.'s 7‐ 12) Although Plaintiffs may not have properly served the discovery responses and the wording of the “verification” is not per Code, the documents requested appear to have been produced, the interrogatories answered, and provided to Defendant. The purpose of discovery is to bring out information which will lead to a just decision on the merits. The sanction of peremptory dismissal, without consideration of the merits, is fund...
2021.04.06 Demurrer, Motion to Strike 208
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2021.04.06
Excerpt: ...ecause auditors are statutorily and strictly liable under §11 for any misstatements in the financial statements which they audited and certified, unless they can demonstrate due diligence at the summary judgment stage. Under post‐Omnicare authority PWC is not strictly liable for the misstatements in Granite's financial statements.. In Johnson v. CBD Energy, Ltd., 2016 U.S. Dist. LEXIS 87174, the court expressly rejected the same “strict liab...
2021.04.06 Demurrer 208
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2021.04.06
Excerpt: ...t to four large joint venture projects. The Court previously sustained the demurrer to the original complaint and granted Plaintiff leave to amend to allege facts demonstrating that circumstances known to Defendants at the time they made the representation of “reasonably possible additional costs” made this a misrepresentation of an of existing fact at the time it was made; to allege what LAW AND MOTION TENTATIVE RULINGS DATE: APRIL 6, 2021 T...
2021.04.01 Motion for Preliminary Injunction 372
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2021.04.01
Excerpt: ...na Theater, (1981) 118 Cal. App. 3d 863, 870.) It appears that were the Court to grant either Party's request for an injunction/ modified injunction, that both parties would suffer great injury. In order to preserve the status quo until there has been a final determination of the merits of the action, the Court requests counsel to address at the hearing whether it would be appropriate to appoint a receiver to sell the car and take possession of t...
2021.04.01 Demurrer, Motion to Strike 713
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2021.04.01
Excerpt: ...tion, have given rise to a cause of action against that employee or his personal representative. Here, Plaintiff alleges that Newman was acting outside the course and scope of his employment which exempts him from the requirement of complying with the Government Claims Act. As to the argument that the allegation Newman was acting outside the course and scope of his employment was a conclusion of law unsupported by factual allegations, the demurre...
2021.03.30 Demurrer 436
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2021.03.30
Excerpt: ...1.) The doctrine "precludes recovery for 'purely economic loss due to disappointed expectations,' unless the plaintiff 'can demonstrate harm above and beyond a broken contractual promise. (Martinez v. Welk Group, Inc. (S.D.Cal. 2012) 907 F.Supp.2d 1123, 1134.) Here, the duty that gives rise to tort liability is dependent on the contract. The Lease states at Clause 11, “pursuant to the Lease, Tenants will keep the premises clean, sanitary, and i...
2021.03.29 Motion to Compel Further Responses 017
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2021.03.29
Excerpt: ...e attorney. (Id at pp 178‐179) Therefore the work product privilege does not apply. The motion to compel is also granted as to form interrogatory 13.2. Interrogatory 13.2 merely asks for information re: whether a report was made and if so by whom, therefore disclosure is not protected by the attorney client or work product privileges. (Fellows v. Superior Court (1980) 108 Cal.App.3d 55, 68‐ 69.) Plaintiff is awarded sanctions against Defendan...
2021.03.25 Motion to Strike 267
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2021.03.25
Excerpt: ... by the court, no demurrer having been sustained or being then pending. (CCP 586(a)(3). (6 Witkin CA Procedure (5th Ed.2008) PWT §§143,147) However, CCP § 587 requires that an application by a plaintiff for entry of default under subdivision (a), (b), or (c) of Section 585 or Section 586 shall include an affidavit stating that a copy of the application has been mailed to the defendant's attorney of record or, if none, to the defendant at his o...
2021.03.23 Demurrer 356
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2021.03.23
Excerpt: ...between courts if they were free to make contradictory decisions or awards relating to the same controversy and preventing vexatious litigation and multiplicity of suits. The rule is established and enforced not "so much to protect the rights of parties as to protect the rights of Courts of coordinate jurisdiction to avoid conflict of jurisdiction, confusion and delay in the administration of justice." (Plant Insulation Co. v. Fibreboard Corp. (1...
2021.03.19 Demurrer 436
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2021.03.19
Excerpt: ...3, *31.) The doctrine "precludes recovery for 'purely economic loss due to disappointed expectations,' unless the plaintiff 'can demonstrate harm above and beyond a broken contractual promise. (Martinez v. Welk Group, Inc. (S.D.Cal. 2012) 907 F.Supp.2d 1123, 1134.) Here, the duty that gives rise to tort liability is dependent on the contract. The Lease states at Clause 11, “pursuant to the Lease, Tenants will keep the premises clean, sanitary, ...
2021.03.18 Motion for Attorney Fees 190
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2021.03.18
Excerpt: ...An award of attorney's fees is a collateral matter which is embraced in the action but is not affected by the order from which an appeal is taken. CCP §916. In re Marriage of Sherman (1984) 162 Cal.App.3d 1132, 1140. Consequently, filing of a notice of appeal does not stay any proceedings to determine the matter of costs and does not prevent the trial court from determining a proper award of attorney fees claimed as costs. Attorney fees are perm...
2021.03.17 Motion for Change of Venue, Demurrer, Motion to Strike 735
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2021.03.17
Excerpt: ...e based on CCP § 394(a) is inapplicable. In addition, AMH has failed to show actual prejudice to the moving party or that a change of venue would promote justice or convenience of witnesses, therefore the motion is denied based on CCP § 397. Lastly, AMH has failed to show circumstances of the likelihood, or the appearance of bias and the motion is denied on this ground. Sanctions Sanctions are not awarded. Each side will reserve the right to cl...

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