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142 Results

Location: Santa Cruz x
2018.7.24 Motion for Summary Adjudication 302
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2018.7.24
Excerpt: ...ummary adjudication as the Fifth cause of action for violation of CA Business and Professions Code § 17200 is granted. First of all, defendant has not filed an opposition separate statement complying with CCP section 437 c (b)(3), therefore opposition separate statement is stricken for that reason. Moreover even if the Opposition were considered, CA Bus & Prof Code § 10130 states that it is unlawful for any person to act as a real estate broker...
2018.7.19 Petition to Compel Arbitration 963
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2018.7.19
Excerpt: ...ons as arbitrator: Hon. Christopher Cottle (ret.); Hon. Irwin Joseph (ret.); David Hamerslough, Esq.; Hon. Robert Baines (ret); and Hon. James Emerson (ret.). However, the Court invites Defendants to provide five names of proposed arbitrators for consideration by the Court at the time of the hearing of this Petition. The Court will then develop a final list of nominees from the names submitted by both parties. Pursuant to CCP § 1281.6, the parti...
2018.7.19 Motion to Set Aside Terminating Sanctions 622
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2018.7.19
Excerpt: ...not patiently listen to flimsy excuses and the claim of ignorance of the law.” (Gillingham v. Lawrence (1909) 11 Cal.App. 231, 234.) Defendant's claim that he did not receive notice of the motions to compel and motion for terminating sanctions is disingenuous given his appearance, and argument in opposition, at all court hearings herein. Defendant had many opportunities to comply with the court's orders and repeatedly chose not to despite havin...
2018.7.18 Motion to Compel Arbitration, for Sanctions 304
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2018.7.18
Excerpt: ...ed pursuant to CCP §1281.6 only if the arbitration agreement fails to provide for an agreed method to appoint an arbitrator or if the agreed method fails or for any reason cannot be followed. Here, the parties' arbitration clause in the Attorney‐Client Bankruptcy Retainer Agreement at ¶11 provides: Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration pursuant to the Rule...
2018.7.17 Motion for Leave to Amend Complaint 665
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2018.7.17
Excerpt: ......
2018.7.17 Motion for Judgment on the Pleadings 379
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2018.7.17
Excerpt: ... loan modification submitted 5/28/17. Therefore her cause of action could not have been listed as an asset when BK4 was filed on 7/23/14. The motion on the ground of lack of standing is denied. Defendant asserts that Plaintiff's claims are barred by the doctrine of judicial estoppel because she has taken inconsistent positions in the bankruptcy action and the subject lawsuit. Again, giving Plaintiff's allegations liberal construction, no cause of...
2018.7.17 Demurrer, Motion to Strike 541
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2018.7.17
Excerpt: ...2018. CCP Sec. 340.5 requires that such lawsuits be filed within one year after the plaintiff discovers, or through the use of reasonable diligence should have discovered the injury and its relationship to the defendant's conduct. Plaintiff's alleged injury is the loss of his driver's license in January 2016. His lawsuit was filed more than one year after he knew or should have known that Dr. Brunelli's report to the DMV caused the DMV to suspend...
2018.7.12 Motion to Enforce Stipulated Judgment 837
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2018.7.12
Excerpt: ...ement of abandonment of use of a fictitious business name, documents reflecting disposition of Granny Purps' assets, documents evidencing termination of any internet presence by Granny Purps in any form, and sworn declarations explaining the presence of grannypurpsonlinestore.com and the alleged solicitation of business via Facebook). If Petitioners are able to establish to the satisfaction of the Court that they have fully complied with the term...
2018.7.12 Demurrer 208
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2018.7.12
Excerpt: ...LINGS DATE: JULY 12, 2018, TIME: 8:30 A.M. (SAC ¶ 26) Although Bank correctly points out that the First cause of action in the SAC has not been amended, upon further consideration, the declaration of compliance attached to the Notice of Default does not comply with the requirements of Civil Code § 2924b(b)(1). (It is not the ordinary function of a demurrer to test the truth of the plaintiff's allegations or the accuracy with which he descri...
2018.7.11 Motion to Compel Responses 590
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2018.7.11
Excerpt: ...s, their attorneys and their experts, solely as needed for this litigation. Upon completion of this litigation, counsel for the prevailing party is ordered to see that all copies of the plans distributed as a result of this litigation are destroyed. ...
2018.7.11 Motion to Amend Order, for New Trial 035
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2018.7.11
Excerpt: ...12. ...
2018.7.10 Petition to Compel Arbitration 128
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2018.7.10
Excerpt: ...overns the Agreement, the choice of law provision in the Agreement governs the procedural aspects of the arbitration, not whether the Agreement is enforceable. (See, Rosenthal v. Great Western Fin. Securities Corp., (1996) 14 Cal. 4th 394, 409). Finally, as to whether the arbitration agreement is a contract of adhesion or unconscionable, the contract here complies with Civ. Proc § 1295 and Cal Health & Safety Code § 1599.81; therefore, it is no...
2018.7.10 Motion to Expunge Lis Pendens 111
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2018.7.10
Excerpt: ...405.22. He has also failed to file a proof of service showing service in compliance with CCP §405.22. Therefore, pursuant to CCP §405.23, the lis pendens is void and invalid and must be removed. The Conservatorship Estate of Carl Lindow is awarded $5,670.00 in attorneys' fees and costs. ...
2018.7.10 Demurrer 908
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2018.7.10
Excerpt: ...Court declines to consider the arguments advanced by Plaintiffs in their untimely filed papers. The demurrers are sustained without leave to amend. Plaintiff's SAC is uncertain and unintelligible. It cannot be determined from the allegations made by Plaintiffs what the claimed basis is for the imposition of liability against the State of California. Further, Plaintiffs do not identify any statutory basis for their claim (see Harshbarger v. City o...
2018.6.29 Motion to Compel 031
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2018.6.29
Excerpt: ...ot contest the authenticity of, or anything about or related to the U4, U5 and the amendments it produced. Responding party is bound by this stated position in future proceedings in this case. RFP 9: Granted in part, denied in part, documents must be produced subject to protective order. Only social security numbers or other highly personal information (e.g. driver's license numbers) may be redacted. Names, addresses, substantive information, etc...
2018.6.29 Motion for Summary Judgment, Adjudication 004
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2018.6.29
Excerpt: ...& Brown, California Procedure Before Trial (TRG), §§10:51.1, 10:257. Plaintiff's unverified FAC challenges the validity of the March 2017 election of officers of CUTA. Only a director, a member, or a person who has a right to vote has standing to challenge an election of corporate officers. Corps. Code §7616. In November 2016 the Executive Committee of CUTA removed Plaintiff from his office as President, and suspended his membership in CUTA fo...
2018.6.27 Motion for Fiinal Approval of Class Action Settlement 753
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2018.6.27
Excerpt: ..., and the skill displayed in presenting them; (2) the extent to which the nature of the litigation precluded other employment by the attorneys; (3) the contingent nature of the fee award; (4) the fact that an award would ultimately fall upon the taxpayers; (5) the results obtained; (6) the public interest value of the case; and (7) delay in payment. Serrano v. Priest, 20 Cal. 3d 25 (Cal. Oct. 4, 1977). The court will continue the matter to allow ...
2018.6.26 Motion for Judgment on the Pleadings 379
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2018.6.26
Excerpt: ...ent on the pleadings. Plaintiff is instructed to appear at the hearing prepared to (1) provide the court with the status of any stay issued by the Bankruptcy Court; and (2) explain why the Bankruptcy Trustee is not the proper party to pursue this action. ...
2018.6.25 Petition to Compel Arbitration 897
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2018.6.25
Excerpt: ...e of the contract containing the arbitration clause, the petition must be denied for other reasons. Code of Civil Procedure § 1292.4 provides: “If a controversy referable to arbitration under an alleged agreement is involved in an action or proceeding pending in a superior court, a petition for an order to arbitrate shall be filed in such action or proceeding.” Another action concerning the same facts was pending when the present petition wa...
2018.6.25 Motion for Preliminary Injunction 082
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2018.6.25
Excerpt: ...xecution of a public statute by officers of the law for the public benefit. (6) To prevent the exercise of a public or private office, in a lawful manner, by the person in possession (7) To prevent a legislative act by a municipal corporation.” The court finds that the Ordinances are public statutes for the benefit of the public; and that they were validly adopted by a legislative act of the City, based on the on following: The Ordinances were ...
2018.6.25 Application for Preliminary Approval of Class Action 358
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2018.6.25
Excerpt: ... of the date selected. Plaintiff's supplemental briefing shall be filed at least five court days before the continued hearing. ...
2018.6.21 Petition to Compel Arbitration 128
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2018.6.21
Excerpt: ...erns the Agreement, the choice of law provision in the Agreement governs the procedural aspects of the arbitration, not whether the Agreement is enforceable. (See, Rosenthal v. Great Western Fin. Securities Corp., (1996) 14 Cal. 4th 394, 409). Finally, as to whether the arbitration agreement is a contract of adhesion or unconscionable, the contract here complies with Civ. Proc § 1295 and Cal Health & Safety Code § 1599.81, therefore it is not a...
2018.6.20 Application for Good Faith Settlement 016
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2018.6.20
Excerpt: ...nity, based on comparative negligence or comparative fault are barred. (Cal Code Civ Proc § 877.6) ...
2018.6.19 Motion to Compel Further Responses 552
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2018.6.19
Excerpt: ...s motion may have been avoided if defense counsel had met and conferred with Plaintiff's counsel after discovering the emails concerning a collection action against American Solar Direct in documents produced by Plaintiff. Plaintiff's failure to refer to the collection action against ASD in its discovery responses, while producing documents that disclosed the collection action, suggests that Plaintiff was not attempting to hide this action from D...
2018.6.15 Motion for Inadvertent Trial Waiver 890
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2018.6.15
Excerpt: ... jury and Plaintiff is granted a trial by jury ...

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