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189 Results

Location: Santa Cruz x
2020.06.25 Petition for Peremptory Writ of Administrative Mandamus 896
Location: Santa Cruz
Judge: Volkmann, Timothy
Hearing Date: 2020.06.25
Excerpt: ...strative body will not be disturbed in mandamus proceedings unless an abuse of discretion is demonstrated… In considering whether an abuse occurred in the context of public employee discipline, an important consideration is the extent to which the employee's conduct resulted in, or if repeated is likely to result in, harm to the public. (Lowe v. Civil Serv. Com (1985) 164 Cal.App.3d 667, 677 ) LAW AND MOTION TENTATIVE RULINGS DATE: June 25, 202...
2020.06.25 Demurrer, Motion to Strike 650
Location: Santa Cruz
Judge: Volkmann, Timothy
Hearing Date: 2020.06.25
Excerpt: ...l distress is overruled. The motion to strike the allegations and prayer for attorney's fees is granted. Elder Abuse (2d c/a) The court finds that Plaintiff has failed to state a cause of action for elder abuse under a theory of either financial or physical elder abuse. W&I Code §15610.30 defines financial elder abuse as occurring when a person “takes, secretes, appropriates, obtains of retains real or personal property of an elder or dependen...
2020.06.05 Demurrer, Petition for Writ of Mandate 696
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2020.06.05
Excerpt: ...ect provides for the construction of oncampus housing for a number of students that exceeds the CSA's enrollment cap; and (2) that Defendants have breached §5.1 of the CSA by proceeding with the planning process for the 2020 LRDP, including the release of a Draft LRDP and a Final Proposed Land Use Map which locates all new student housing on campus, without first conducting a comprehensive analysis of potentially feasible alternative locations t...
2020.04.07 Motion for Reconsideration, Demurrer 882
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2020.04.07
Excerpt: ...tances, or law. DEMURRER The unopposed special demurrer for uncertainty and general demurer to the 2d, 3 rd, 4th and 5th causes of action asserted in the Second Amended Complaint is sustained, without leave to amend. On its own motion the court strikes the 1st, 6th, 7th and 8th causes of action as constituting improper matter. Discussion The court previously sustained a special demurrer to the First Amended Complaint for uncertainty, and also sus...
2020.04.01 Demurrer, Motion to Strike 267
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2020.04.01
Excerpt: ...tive damages from the prayer of the SAC is granted. The balance of the motion is moot in light of the sustaining of the demurrer to the Third cause of action ...
2020.04.01 Demurrer 077
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2020.04.01
Excerpt: ...o defend their insureds does not make the parties." .Southern Cal. Edison Co, v, State Farm Mut. Auto, Ins. Co., (1969) 271 Cal. App. 2d 744 749. Plaintiff's cause of action is therefore not properly brought against Farmers. Plaintiff is granted leave to amend only to the extent that he can assert a negligence claim against Farmers which is not based solely on a contract of insurance with a defendant‐driver. MOTION TO STRIKE The motion to strik...
2020.03.30 Demurrer 692
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2020.03.30
Excerpt: ...Section 809 (enforcement of an easement) and Pen. Code Section 420.1 (penalties for obstructing an easement), only the allegations in the body of the complaint constitute the cause of action. Falahatir v Kondo (2005) 527 Cal. App. 4th 823,829. A demurrer therefore will not lie to the prayer. Caldera Pharmaceuticals, Inc. v Regents of U.C. (2012) 205 Cal. App. 4th 338, 368. Defendants' Requests for Judicial Notice The court denies Defendant's RFJN...
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...
2020.03.20 Motion for Preference in Trial Setting 368
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2020.03.20
Excerpt: ...cident. Counsel are ordered to appear at the hearing by Court Call to set a trial date (possibly 5/26/20) within 120 days of the hearing (i.e. on or before 7/20/20). ...
2020.03.20 Motion for Preference in Trial Setting 368
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2020.03.20
Excerpt: ...cident. Counsel are ordered to appear at the hearing by Court Call to set a trial date (possibly 5/26/20) within 120 days of the hearing (i.e. on or before 7/20/20). ...
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...

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