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1061 Results

Location: Santa Cruz x
2025.02.13 Motion for Summary Judgment, Adjudication 518
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2025.02.13
Excerpt: ...ON Six plaintiffs were injured in an auto collision allegedly caused by a defendant truck driver. At about 10:00 pm on 6/15/20 on Highway 1 near Morrissey Blvd. in Santa Cruz, a highway paving project was underway. A truck driver, employed by defendant Punia Trucking, Inc., unloaded asphalt and drove off with his truck bed extended into the air, causing it to catch a PG&E guy wire, pulling it lower and causing an unseen hazard. Plaintiffs' truck ...
2025.02.13 Motion for Summary Judgment, Adjudication 971
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2025.02.13
Excerpt: ...the time of the alleged incident, did not attend Rio Del Mar Elementary but did attend other schools within the District; Mercer was never his teacher. M.T. alleges Mercer sexually assaulted him in the summer of 1997 at Mercer's home. M.T. filed a first amended complaint against the District for negligence, negligent hiring, supervision and retention, negligent failure to warn, train or educate, negligent supervision of a minor, breach of mandato...
2025.02.10 Motion for Terminating Sanctions 841
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2025.02.10
Excerpt: ...On February 20, 2024, Defendant served Plaintiff Marijana Smailagic with the following discovery requests on behalf of Defendant The Regents of the University of California: (1) Form Interrogatories – General (Set One); (2) Form Interrogatories – Employment (Set One); (3) Special Interrogatories (Set One); and (4) Request for Production of Documents (Set One) (“The Regents' Outstanding Discovery”). Pursuant to agreement between the partie...
2025.02.10 Motion for Summary Judgment, Adjudication 538
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2025.02.10
Excerpt: ...tion”, there are triable issues as to whether these remedies may be applicable. Finally, there are triable issues of fact as to whether Doctor's Associates is an alter ego of Subway based upon the evidence presented by plaintiffs. I. BACKGROUND AND ALLEGATIONS This is a commercial landlord -tenant dispute, essentially for unpaid rent and resulting damages. Defendants do not contest that back rent is owed but assert only Subway is responsible an...
2025.02.10 Motion for Summary Judgment, Adjudication 004
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2025.02.10
Excerpt: ...inyk, plaintiff's former next door neighbors. Turner and Olinyk are no longer parties to this action; Turner filed a successful judgment on the pleadings, resulting in her dispute being handled in family court (Santa Cruz Superior No. 16FL00655) and Olinyk's default was entered 1/12/22. The only parties remaining in the action are plaintiff, Shahram Tabatabai, and defendant/cross -complainant Lindow.1 Plaintiff alleges that Turner and Lindow cons...
2025.02.07 Motion to Continue Trial 629
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2025.02.07
Excerpt: ...is case was filed late in December 2020, it was not at issue until mid -2023 when plaintiff served it on defendant. DEFENDANT DRESCHER'S MOTION FOR RECONSIDERATION AS TO PRETRIAL FINANCIAL DISCOVERY The motion for reconsideration as to pretrial financial discovery is granted. As explained below, the court denies plaintiff's motion for pretrial financial discovery of defendant Drescher. Defendant asks the court to reconsider its ruling ordering hi...
2025.02.07 Motion to Compel Responses, for Deposition Testimony, Monetary Sanctions 398
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2025.02.07
Excerpt: ...n December 17, 2024 when plaintiff advised she had not received it. Plaintiff has failed to provide any responses. (Mohamed Declaration, ¶¶ 3 -10.) On December 30, 2024, defendant set plaintiff's deposition for January 20, 2025, after copious communications with her about its scheduling and her requirement it take place at her home. (Mohamed Decl., ¶¶ 11 -21.) That deposition did not go forward based on plaintiff's apparent efforts to stall i...
2025.02.06 Motion for Summary Judgment, Adjudication 538
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2025.02.06
Excerpt: ...g and retention, and defamation. Plaintiff's attempts to dispute material facts fail, largely because her evidence in support is made up of inadmissible hearsay. The Court finds as a matter of law that (1) there are no disputed material facts establishing a triable issue of fact that plaintiff's separation from RI was retaliatory, and (2) the single allegedly defamatory statement was privileged and no triable issue of malice is shown. I. DEFENDAN...
2025.02.05 Motion for Summary Judgment, Adjudication 657
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2025.02.05
Excerpt: ...nager's apartment. Wolfe asserts, in her complaint, she was sexually assaulted by an unidentified man who gained access to her apartment while she was asleep. Wolfe alleges defendant Kashi Ji, LLC owned and operated the defendant Inn and that defendants Parvin and Tajesh Patel employed her. Causes of action alleged in Wolfe's complaint are negligence (against Patels and the Inn), premises liability (against Patels and the Inn), sexual battery, fa...
2025.02.04 Motion to Declare Judgment Debt to be Community Property Debt 998
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2025.02.04
Excerpt: ...t alleges various Labor Code violations, breach of contract against Humanize, violations of the Business and Professions Code, and violations of Code of Civil Procedure section 181.97. Carson Kelly is alleged to be the managing agent of Humanize Global. The court entered judgment against Carson Kelly and Humanize Global US, Inc. on March 11, 2024. An abstract of judgment was issued on March 18, 2024, in the amount of $40,718.24 against Carson Kel...
2025.01.31 Motion for Leave to File Amended Answer 622
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2025.01.31
Excerpt: ...evise the operative Answer by removing the entirety of the prior thirty (30) page Answer and replace it with a more concise five (5) page general denial, affirmative defenses, and prayer for relief.” (Mtn. at p. 2.) Defendant, in her moving papers, maintains that when she filed her original answer, she was not represented by counsel, was unaware of her right to assert affirmative defenses, that the answer contains unnecessary factual arguments ...
2025.01.28 Motion to Deem RFAs Admitted 870
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2025.01.28
Excerpt: ...ineness of any documents and the truth of any matter specified in the request be deemed admitted, as well as for monetary sanctions. Code of Civil Procedure section 2033.280, subdivision (c) requires the court to make this order “unless it finds that the party to whom the requests for admission have been directed has served, before the hearing on the motion, a proposed response to the requests for admission that is in substantial compliance wit...
2025.01.27 Motion for Attorney Fees 484
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2025.01.27
Excerpt: ...fenses related to plaintiff's alleged fraud and breach of contract. This late amendment caused considerably more work for trial preparation. (Van Vleck Declaration ¶ 2.) LAW AND MOTION TENTATIVE RULINGS DATE: JANUARY 27, 2025 TIME: 8:30 A.M. Page 2 of 11 The court conducted a one -day trial and judgment was entered for plaintiff, who now moves for $50,878.89 in attorneys' fees based on Civil Code §1717 (attorneys' fees for prevailing party in c...
2025.01.27 Motion to Enforce 998 Offer, to Tax Costs 017
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2025.01.27
Excerpt: ...t costs, and plaintiff may file any responsive briefing no later than February 14, 2025. Both parties are limited to 10 pages of briefing; defendant should also include attachments such as invoices from her experts. I. BACKGROUND AND MOTION: This is a motor vehicle/pedestrian accident case. In August 2021, defendant Dale Crable served a CCP §998 offer (“offer”) on plaintiff Yvonne Gravil in the amount of $65,000.00, which was withdrawn by pl...
2025.01.27 Motion for Summary Judgment, Adjudication 538
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2025.01.27
Excerpt: ...tiffs' predecessor in interest entered into a written lease agreement with defendant Subway for a commercial property located in Watsonville, California. The FAC alleges that defendant Subway was identified as being in business for the sole purpose of negotiating and drafting commercial leases on the behalf of and for the benefit of defendant Doctor's Associations Inc. (“DAI”). Plaintiffs contend Doctor's Associates, LLC (“DAL”) is a Flor...
2025.01.24 Motion to Quash 149
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2025.01.24
Excerpt: ... they are a blatant fishing expedition, are unwarranted, overly broad, potentially invade plaintiffs' right of privacy, and a delay tactic. Further, plaintiffs maintain that they never indicated they were ever treated at the vast majority of the facilities defendants seek records from. Finally, plaintiffs contend the subpoenas are not limited to the body parts at issue in this litigation and place no restrictions that the records requested be rel...
2025.01.24 Motion to Deem RFAs Admitted, for Monetary Sanctions 946
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2025.01.24
Excerpt: ...s incurred as a self -represented party pursuant to Kravitz v. Superior Court (2001) 91 Cal.App.4th 1015. Plaintiff asserts expenses of $30.00 for the cost of serving the motion and $20.00 for a PDF filler subscription fee to comply with the court formatting requirements. (Dec. of Zhan at ¶ 4.) Defendant filed an opposition on December 12, 2024 and maintains they failed to respond in a timely fashion because they are self -represented and misund...
2025.01.23 Motion for Judgment on the Pleadings 712
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2025.01.23
Excerpt: ... Table” as well as the cardmember agreement; the documents are not specific to a particular account. On October 10, 2024, Singh filed an answer, stating that he is willing to pay off the amount he owes via a payment plan. He also raises two affirmative defenses: failure to disclose and mistake. Chase Bank brings this motion for judgment on the pleadings, asserting the complaint states facts sufficient to constitute a cause of action for breach ...
2025.01.23 Motion for Attorney Fees 585
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2025.01.23
Excerpt: ...uments, negligence, intentional infliction of emotional distress, tort of another, and declaratory relief. They alleged a harassment campaign by their neighbor Candice Bruner and her mother Jody Bruner's facilitation of it. Ultimately, the jury found Jody Bruner did not commit a nuisance and was not negligent. The court thereafter ruled on plaintiffs' second cause of action against Jody regarding enforcement of HOA governing documents, finding no...
2025.01.22 Motion to Lift Stay 439
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2025.01.22
Excerpt: ...d the arbitration agreement's forum selection and choice of law clause as part of its order granting the motion to compel arbitration. (See, Order dated April 18, 2023.) Further, in the court's tentative ruling, which the court adopted at the hearing on the motion to compel arbitration, the court determined “[t]he forum selection and choice of law terms included in the agreement (requiring Plaintiff to conduct the binding arbitration in Dallas,...
2025.01.22 Demurrer, Motion to Strike SAC 546
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2025.01.22
Excerpt: ... is stricken from paragraph 104, as is his prayer for punitive damages. I. MOTIONS This Court previously sustained a demurrer to the third, sixth and eighth causes of action and granted a motion to strike in part. Defendant again demurs to the sixth and eighth causes of action on the grounds they fail to plead sufficient facts. It argues that the second amended complaint's (“SAC”) claim for intentional infliction of emotional distress (“IIE...
2025.01.16 Motion to Enter Stipulated Judgment 676
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2025.01.16
Excerpt: ...est rate of 8% per year. The Sullivans defaulted on the note and Tramiel filed suit for breach of promissory note. On November 3, 2022, before the Sullivans responded to the complaint, Tramiel asserts the parties reached a settlement agreement. Under the agreement, the Sullivans agreed to pay Tramiel $150,000.00 in monthly payments of $10,000.00 starting November 15, 2022, at 8% annual interest. (Ex. B to Dec. of Beene, ¶¶ 1.1, 1.2) The parties...
2025.01.16 Motion to Compel Responses, to Deem RFAs Admitted, for Monetary Sanctions 096
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2025.01.16
Excerpt: ...and requests for admissions, set one. Defendant served the discovery at issue on September 12, 2024. On October 21, 2024, counsel for defendant emailed plaintiff's counsel regarding the status of the responses. On October 28, 2024, defendant's counsel called plaintiff's counsel and left a voicemail concerning the lack of responses. (Dec. of Kisel at ¶¶ 1 – 3, ex. B.) After receiving no response, on October 30, 2024, defendant filed these moti...
2025.01.10 Motion to Compel Release of Records, for Disqualification and Protective Order 166
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2025.01.10
Excerpt: ...t (“PVUSD”). These two motions relate to one event – plaintiffs' counsel's inspection of an unredacted District Attorney's Office (“DAO”) file regarding the investigation of the alleged abuser. Plaintiffs' motion seeks this court's order compelling disclosure of that file. Defendant PVUSD LAW AND MOTION TENTATIVE RULINGS DATE: JANUARY 10, 2025 TIME: 8:30 A.M. Page 5 of 19 and third parties County Sheriff's Office and District Attorney a...
2025.01.10 Motion for Summary Judgment, Adjudication 747
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2025.01.10
Excerpt: ...re to challenge a contention in a brief results in the concession of that argument. (DuPont Merck Pharmaceutical Co. v. Sup. Ct. (2000) 78 LAW AND MOTION TENTATIVE RULINGS DATE: JANUARY 10, 2025 TIME: 8:30 A.M. Page 14 of 19 Cal.App.4th 562, 566.) The court may construe the absence of a memorandum as waiver of all grounds not supported. (Rules of Court, rule 3.1113(a).) Defendants' motion for summary adjudication as to the third cause of action f...

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