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933 Results

Location: Santa Cruz x
2024.07.15 Motion to Tax Costs 349
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.07.15
Excerpt: ...ss fees. (Ex. 2.) 3. $24.86 in attachment expenses. (Ex. 3.) 4. $3,000.00 in attorney fees (10 hrs at $150.00/hr) pursuant to “section 809.9.” On May 28, 2024, Morgan filed this motion to tax certain of these costs, specifically, the attorney fees request. Morgan asserts that attorney fees are not generally recoverable as costs, citing Code of Civil Procedure section 1021. Further, he contends attorney fees claims in a memorandum of costs w...
2024.07.10 Motion for Stay or to Continue Trial, to Compel Mental Exam 834
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.07.10
Excerpt: ...ule to accommodate his other trial and conference commitments. Motion to compel mental exam and testing of plaintiffs LAW AND MOTION TENTATIVE RULINGS DATE: JULY 10, 2024 TIME: 8:30 A.M. Page 2 of 4 The parties are unable to reach an agreement as to the length of time which should be permitted for evaluation by psychiatrist Dr. Charles Scott. Plaintiffs assert a total of 8 hours per plaintiff is sufficient for examinations by both Drs. Hooker and...
2024.07.03 Petition to Compel Arbitration 473
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.07.03
Excerpt: ...al wages), failure to provide accurate wage statements, failure to reimburse business expenses, and unfair business practices. She also has a related PAGA claims case. 10/28/20 Plaintiff is hired as an hourly, non- exempt kitchen line cook for Seascape Resort, LTD. (Complaint ¶ 16) LAW AND MOTION TENTATIVE RULINGS DATE: JULY 3, 2024 TIME: 8:30 A.M. Page 2 of 10 Sept 2022 Plaintiff separated employment. 6/23/23 Plaintiff files suit for Labor Cod...
2024.07.01 Motion to Vacate or Enter New Judgment 753
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.07.01
Excerpt: ...owing causes, materially affecting the substantial rights of the party and entitling the party to a different judgment: 1. Incorrect or erroneous legal basis for the decision, not consistent with or not supported by the facts; and in such case when the judgment is set aside, the statement of decision shall be amended and corrected. 2. A judgment or decree not consistent with or not supported by the special verdict.” LAW AND MOTION TENTATIVE RUL...
2024.07.01 Motion for Bifurcation 631
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.07.01
Excerpt: ...he appropriate mechanism for such a request. On January 2, 2024, plaintiff brought a motion to bifurcate to “permit the trial court to resolve the validity and enforceability” of the policy which, plaintiff asserted, could exclusively be resolved by the court prior to trial. The court found that on balance, holding a bifurcated trial at that time to be premature and found that the issue of determining and scheduling trial phases, and bifurcat...
2024.06.28 Motion to Strike Complaint 337
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.06.28
Excerpt: ...oper: (a) Strike out any irrelevant, false, or improper LAW AND MOTION TENTATIVE RULINGS DATE: JUNE 28, 2024 TIME: 8:30 A.M. Page 2 of 5 matter inserted in any pleading. (b) Strike out all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court.” This action is the latest in plaintiff's effort to unwind a non- judicial foreclosure. On 12/10/04 there was a real estate tran...
2024.06.28 Motion to Compel Production of Docs 792
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.06.28
Excerpt: ...ss request nos. 40 and 41 which seek communications sent by or to the District's investigator and those he authored, but they are at issue since the District claims that they involve documents protected by the attorney -client and/or work product privileges. Here, some but not all of the investigator's communications have been disclosed, and the District is withholding some based upon attorney client privilege. (See Amended Joint Statement, Privi...
2024.06.27 Motion for Summary Judgment, Adjudication 828
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.06.27
Excerpt: ...false imprisonment, negligence, intentional infliction of emotional distress, any Bane Act violation, or civil rights violations. I. BACKGROUND Plaintiff is a minor who was enrolled in first grade at Brook Knoll Elementary School in 2022. Through his parental guardian he alleges a variety of harm, all related to actions by school employees related to COVID -19 protocols and their impact on him. His causes of action are false imprisonment, negli...
2024.06.24 Petition to Compel Arbitration 479
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.06.24
Excerpt: ...YMENT WITH THE COMPANY, THE COMPANY'S PROMISE TO ARBITRATE ALL EMPLOYMENT RELATED DISPUTES WITH ME, AND MY RECEIPT OF COMPENSATION AND OTHER BENEFITS PAID OR PROVIDED TO ME BY THE COMPANY, AT PRESENT AND IN THE FUTURE, I AGREE THAT ANY AND ALL CONTROVERSIES, CLAIMS, OR DISPUTES THAT I MAY HAVE WITH THE COMPANY (INCLUDING ANY COMPANY EMPLOYEE, OFFICER, DIRECTOR, TRUSTEE, OR BENEFIT PLAN OF THE COMPANY, IN THEIR CAPACITY AS SUCH OR OTHERWISE), ARIS...
2024.06.24 Motion to Vacate Judgment 224
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.06.24
Excerpt: ...dant parents denying sons' claims for resulting trust and constructive trust. LAW AND MOTION TENTATIVE RULINGS DATE: JUNE 24, 2024 TIME: 8:30 A.M. Page 2 of 9 20CV01407: after a three -day court trial, judgment generally denying all the parents' lease, contract, elder abuse and fiduciary claims, and finding that both sons should repay personal loans made to them by their parents (William - $10,000; Jon - $50,000). “A judgment or decree, when ...
2024.06.21 Motion for Summary Judgment, Adjudication 753
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.06.21
Excerpt: ...edent, Zeferino Velazquez (“Decedent”). On August 14, 2020, the Jorgensens hired decedent to perform work on their property in Royal Oaks. Plaintiffs allege decedent was hired to perform work which required a license which he did not possess. While working at the property, decedent suffered a heart attack and died. Plaintiffs contend his death was caused because of defendants' conduct in failing to provide, prevent, and plan for heat related ...
2024.06.21 Motion for Judgment on the Pleadings 407
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.06.21
Excerpt: ...e suffered a traumatic brain injury and other injuries from the collision that caused him to experience serious progressive mental, psychological, emotional, physical and physiological injuries and dysfunction which deteriorated, causing anger, frustration, mood swings, depression, anxiety, and instability, ultimately resulting in his suicide. (Complaint ¶¶20 -21.) The complaint alleges that defendants had a duty of care which was breached by t...
2024.06.13 Motion to Change Venue 449
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.06.13
Excerpt: ... of a penalty or forfeiture imposed by statute....” “[B]ecause section 393(a) requires a different venue than the defendant's residence, it supplants the general venue rule codified in section 395(a). [...] When a provision of section 393 applies, it specifies the proper county for the initial filing of an action, overriding the general venue rule providing for trial in the county of the defendant's residence.” (Dow AgroSciences LLC v. S...
2024.06.13 Petitions for Writ of Mandate 683
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.06.13
Excerpt: ... March 7, 2024, primarily to allow the parties an opportunity to respond to the Court's Phase I inquiry as to whether the University's goal to house 100% of the new students and up to 25% of the new staff on campus (the “housing goal”) should be treated as a mitigation measure for population impacts. The resolution of this issue was necessary before the Court undertook its review of the EIR's analysis of impacts and mitigation measures. At th...
2024.06.13 Motion to Strike, Demurrer 703
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.06.13
Excerpt: ...MPLAINT This is a class action matter arising out of allegedly false claims made by defendant Skechers about the slip -resistant nature of their shoes, specifically the Women's Work Squad SR Shoes. “Consumer who purchased the Shoes in reliance on Skechers' claims of slip -resistance found that they did not serve this key function as promised.” (Complaint at ¶ 4.) Plaintiff Valdivia asserts the shoe is advertised as a “work shoe” and spe...
2024.06.12 Petition for Peremptory Writ of Mandate 252
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.06.12
Excerpt: ...ponent whic h purported to summarize that draft EIR. Why was there no reference to the original source of that wetlands finding, and no clear explanation as to Page 3 of 5 whether the area of possible wetlands is on the site of either of the subject projects? 3. The joint opposition cited a 2023 study to counter the Petitioner's claim that wetlands were located on either project's site. But the City's streamlined ministerial approvals of these t...
2024.06.12 Demurrer to FAC 308
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.06.12
Excerpt: ...er. The property is her primary residence and is a single -family home. (FAC ¶¶ 9 -11.) Plaintiff alleges that when she signed the application and loan documents, Defendant instructed her to use a different address for her residence. Plaintiff failed to understand the implications of doing so and attested the Loan was for business purposes. (FAC ¶¶12 -13.) The Loan had an interest rate of 8.5% and default interest rate of 24%. The loan mature...
2024.06.11 Motion to Compel Further Responses, for Sanctions 087
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.06.11
Excerpt: ...Santa Cruz Seaside Co. for premises liability and related claims after she suffered injuries while riding the Boardwalk's Log Ride on 6/30/21. She alleges the ride's momentum threw another rider forward, crashing down on plaintiff's right shoulder and crushing plaintiff's hand and wrist in the armrest carveout. Plaintiff moves to compel further responses by defendant Seaside Co. to the following: • Form Interrogatories, Set One, Nos. 4.1, 4.2, ...
2024.06.07 Motion to Intervene 029
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.06.07
Excerpt: ...ting to the property or transaction that is the subject of the action and that person is so situated that the disposition of the action may impair or impede that person's ability to protect that interest, unless that person's interest is adequately represented by one or more of the existing parties.” Under Labor Code section 3853, “[i]f the action is brought by either the employer or employee, the other may, at any time before trial on the fa...
2024.06.07 Demurrer, Motion to Strike Punitive Damages 967
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.06.07
Excerpt: ...(“the Ritcheys”) parcel, on which they reside, is landlocked, save for a private road they share with defendants (“O'Grady and Falade”), who own a neighboring parcel of land. The private road then connects to the public roadway. According to the complaint, during the storms in the winter of 2023, a landslide from the O'Grady/Falade parcel caused the collapse of two -thirds of the private roadway, which severed the Ritcheys' vehicular acce...
2024.06.06 Motion for Judgment on the Pleadings 675
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.06.06
Excerpt: ...ode of Civil Procedure section § 438, subdivision (c)(1)(A). LAW AND MOTION TENTATIVE RULINGS DATE: JUNE 6, 2024 TIME: 8:30 A.M. Page 3 of 3 The meet and confer requirements pursuant to Code of Civil Procedure section 439, subdivision (a) have been satisfied based upon Exhibit 1 to the declaration of counsel for plaintiff. Defendant never responded to the meet and confer request. (Dec. of Langedyk at ¶ 4.) Plaintiff served requests for admissi...
2024.06.06 Motion for Good Faith Settlement 854
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.06.06
Excerpt: ...good faith” settlement within the meaning of section 877.6. (Ibid.) “A determination by the court that the settlement was made in good faith shall bar any other joint tortfeasor or co -obligor from any further claims against the settling tortfeasor or co - obligor for equitable comparative contribution, or partial or comparative indemnity, based on comparative negligence or comparative fault.” (CCP § 877.6(c).) Further, § 877 states in re...
2024.06.05 Motion to Compel Responses, for Monetary Sanctions 326
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.06.05
Excerpt: ...e date for service of responses had passed, reminding her that responses were overdue. (Exs. E & F to Dec. of Terrazas.) To date, Mr. Terrazas's office has not received any responses to the requests nor has defendant opposed this motion. (Dec. of Terrazas at ¶ 6.) Interrogatories “If a party to whom interrogatories were directed fails to serve a timely response, the propounding party may move for an order compelling responses and for a monetar...
2024.06.05 Motion for Leave to File Complaint 410
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.06.05
Excerpt: ... the cause [of action] brought against him.” (Weil & Brown, Civil Procedure Before Trial (TRG 2023) § 6:525.) Pursuant to Code of Civil Procedure section 428.50: “(a) A party shall file a cross- complaint against any of the parties who filed the complaint or cross -complaint against him or her before or at the same time as the answer to the complaint or cross -complaint. (b) Any other cross -complaint may be filed at any time before the c...
2024.06.04 Motion to Strike Punitive Damages 250
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.06.04
Excerpt: ...alse, or improper matter inserted in any pleading. (b) Strike out all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court.” The court notes defendant erroneously cites Code of Civil Procedure section 430.10, subdivision (e) as the basis for its motion. This cited section concerns demurrers rather than motions to strike. This is a dispute between plaintiff homeowner (a...
2024.06.03 Motion for New Trial 753
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.06.03
Excerpt: ...ady addressed and denied on several occasions. Based on the parties' pleadings, evidence at trial and the jury's verdicts, the court denies defendant's motion for new trial. LAW AND MOTION TENTATIVE RULINGS DATE: JUNE 3, 2024 TIME: 8:30 A.M. Page 2 of 9 I. BACKGROUND On 8/31/23, the jury returned three verdicts: A. Verdict form 2408: Constructive Discharge 1. Plaintiff Wallace was employed by Defendant Karssli Corp., and 2. Plaintiff Wallace was ...
2024.05.31 Demurrer to FAC 653
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.05.31
Excerpt: ...ained that demurrer on the grounds that the initial complaint was procedurally and substantively defective – it was uncertain, failed to separately state causes of action, failed to articulate a present and actual controversy, and failed to state facts sufficient to constitute a cause of action. County also argued in that demurrer that the complaint was untimely. Due to the other problems, the court permitted an amendment. “It is an abuse of ...
2024.05.30 Motion to Change Venue 433
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.05.30
Excerpt: ... a resident of this county, but does business in Marin County.” (MPA at pg. 1.) Code of Civil Procedure section 395, subdivision (a) states, in part, “[e]xcept as otherwise provided by law and subject to the power of the court to transfer actions or proceedings as provided in this title, the superior court in the county where the respondents or some of them reside at the commencement of the action is the proper court for the trial of the acti...
2024.05.30 Motion for Summary Judgment, Adjudication 328
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.05.30
Excerpt: ...ry adjudication on the grounds there are no triable issues of material fact as to its entire complaint, and that defendant Ginsburg's cross -complaint against it must fail. This is a case relating to an improperly released deed of trust for the property located at 3015 Buckingham Lane #30, Santa Cruz. Plaintiff sued Ginsburg (current owner), Rhonda Harris (prior owner) and Rocket Mortgage on 6/21/22 for three causes of action: (1) quiet title; (2...
2024.05.30 Demurrer to FAC 096
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.05.30
Excerpt: ...s read the allegations liberally and in context. (Taylor v. City of Los Angeles Dept. of Water and Power (2006) 144 Cal.App.4th 1216, 1228.) The court “treat[s] the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law ....” (Berkley v. Dowds (2007) 152 Cal.App.4th 518, 525.) In a demurrer proceeding, the defects must be apparent on the face of the pleading or via proper judic...
2024.05.29 Demurrer 566
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.05.29
Excerpt: ...tinel. The language in the amended summons, in part, stated: “[Y]ou may contest the legality or validity of this matter by filing with the Court a written pleading in response to the complaint not later than 31 days from February 29, 2024.” Defendant Kris Kirby brings this demurrer pursuant to Code of Civil Procedure section 430.10, subdivision (a), asserting the court lacks jurisdiction because the summons was defective. “The validation s...
2024.05.24 Motion to Set Aside Defaults 582
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.05.24
Excerpt: ...aivers. Plaintiff immediately requested entry of default which was entered by the clerk on March 20, 2024. On April 11, 2024, defendants filed these motions to set aside the defaults and reinstate their answers and cross -complaint pursuant to Code of Civil Procedure section 473, subdivision (b). Pursuant to Code of Civil Procedure section 473, subdivision (b), the court has the power to, “upon any terms as may be just, relieve a party or his ...
2024.05.22 Special Motion to Strike Complaint 954
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.05.22
Excerpt: ...ts the first prong of the anti -SLAPP analysis on these claims, the court finds that plaintiff has met the minimal merit standard of prong two for defamatory statements made within one year of his complaint. As the other claims spring from the defamation, they too have at least minimal merit and meet prong two. CADA's motion is denied as to intentional interference with business expectancy, negligent interference with business expectancy, unfai...
2024.05.22 Motion to Change Venue 449
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.05.22
Excerpt: ... of a penalty or forfeiture imposed by statute....” “[B]ecause section 393(a) requires a different venue than the defendant's residence, it supplants the general venue rule codified in section 395(a). [...] When a provision of section 393 applies, it specifies the proper county for the initial filing of an action, overriding the general venue rule providing for trial in the county of the defendant's residence.” (Dow AgroSciences LLC v. S...
2024.05.20 Motion to Enforce Settlement 376
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.05.20
Excerpt: ...nd services but failed to do so. LAW AND MOTION TENTATIVE RULINGS DATE: MAY 20, 2024 TIME: 8:30 A.M. Page 2 of 5 On October 11, 2023, plaintiff filed a notice of settlement. Then, on April 2, 2024, plaintiff filed this motion, seeking to enforce the settlement agreement. Accompanying the motion is a declaration from Brian Crow, CFO for plaintiff GAR Bennett. He attaches a copy of the settlement agreement as Exhibit A. The agreement provides for...
2024.05.20 Motion for Summary Judgment 592
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.05.20
Excerpt: ...hey needed to reconvey title from their trust ownership to individual ownership. (UMF 6.) They executed grant deeds in an effort to accomplish this; instead of owning each property together (50% -50%) they transferred 100% of Pilkington to George and Joanne and 100% of 8th Ave. to Armen. (UMF 4, 5) They later learned these transactions triggered property reassessments causing their property taxes to increase LAW AND MOTION TENTATIVE RULINGS DATE:...
2024.05.17 Motion for Summary Judgment, Adjudication 083
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.05.17
Excerpt: ...ust 2020. Plaintiff operates an abalone farm and defendants are its insurers. The fire caused smoke and ash to fall on the farm, as well as widespread power outages for nearly three weeks at the farm location. Due to the path of the fire, plaintiff and its employees were unable to gain access to the property for that same lengthy period. Plaintiff's crop of abalone suffered large losses due to the lack of pump operation and accumulation of ash....
2024.05.16 Motion to Compel Further Responses, for Sanctions 416
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.05.16
Excerpt: ..., set one, nos. 8.7, 8.8, 9.1, 9.2, 12.1, 12.2, 12.3, 12.4, 12.7, 14.1, 14.2, 50.1, 50.5, 50.6; and a further response by Empire Berries to form interrogatory no. 15.1. They also seek sanctions against each defendant in the amount of $1,500 each. The motions are granted. The motions were timely served since the filed proof of personal service creates a presumption which defendants failed to rebut with any facts or declaration. Defendants are ord...
2024.05.16 Motion for Summary Adjudication 080
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.05.16
Excerpt: ... purchased a residential property in Watsonville in 2002. Jacqueline and her family have exclusively lived at the home since that time. The title to the home, however, remained in the name of John and Ann and the mortgage was held in their name. Both parties made payments towards the mortgage over the years, more so by John and Ann. The property was placed in John and Ann's revocable trust in 2020. The 2020 revision contained a provision for the ...
2024.05.14 Motion for Stay or to Continue Trial 834
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.05.14
Excerpt: ...ery court shall have the power to do all of the following: To provide for the orderly conduct of proceedings before it, or its officers.”].) A trial court's ruling on a request for stay is reviewed for abuse of discretion. (People ex rel. Allstate Ins. Co. v. Suh (2019) 37 Cal.App.5th 253, 257; People ex rel. Harris v. Rizzo (2013) 214 Cal.App.4th 921, 951; Bains v. Moores (2009) 172 Cal.App.4th 445, 480.) While there are three cases on appeal,...
2024.05.13 Motion for Summary Judgment 031
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.05.13
Excerpt: ...ts contend that plaintiff's complaint is time -barred since he brought it 678 days after he was told by a different dentist that the implants would likely fail. Plaintiff argues that after he consulted with a different dentist he continued to treat with Dr. Halbleib, whom he trusted, and who continued to tell him not to be concerned. He claims he filed a timely notice of intent to sue and timely complaint. Defendant contends that as of 2/28/19, ...
2024.05.13 Motion for Issue, Evidentiary, Monetary Sanctions 746
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.05.13
Excerpt: ...overy responses and lack of proper verifications. On January 30, 2024, the court granted, in part, defendants' motion to compel. The order, filed on February 8, 2024, required plaintiffs to serve updated verifications to the following discovery requests: o Request for Production of Documents, Set One to Alfred Pinard; . o Form Interrogatories, Set One - Construction Litigation to Alfred Pinard; o Form Interrogatories, Set One to Alfred Pinard;...
2024.05.09 Motion for Sanctions 786
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.05.09
Excerpt: ...of those entities and opposed the motion contending it had no connection to BurgerIM or its ownership other than currently operating a Jersey Mike's franchise from a commercial space previously occupied by BurgerIM. Plaintiffs asserted that all that was necessary under Labor Code §200.3(a)(1) to establish successor liability was sharing the same facility to offer substantially the same services as the judgment debtor since both were food service...
2024.05.08 Motion for Summary Judgment, Adjudication 477
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.05.08
Excerpt: ...Five River Street, LLC. (“Fifty- Five River”). Plaintiffs rented office space from Fifty -Five River and in October 2016, water from a storm leaked into the space, causing damage to computer equipment owned by plaintiffs. Of import is a piece of equipment, a NetApp filer, which allegedly contained valuable song recordings belonging to plaintiffs. This equipment was damaged and the information on it, according to plaintiffs, was lost, causing...
2024.05.07 Motion for Attorney Fees 753
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.05.07
Excerpt: ...: MAY 7, 2024 TIME: 8:30 A.M. Page 2 of 6 A. Verdict form 2408: Constructive Discharge 1. Plaintiff Wallace was employed by Defendant Karssli Corp., and 2. Plaintiff Wallace was subjected to working conditions in violation of public policy, and 3. Karssli intentionally created or knowingly permitted these conditions, and 4. Those conditions were not so intolerable that a reasonable person in Wallace's position would have no alternative to resign....
2024.05.02 Motions to Compel Compliance with Discovery, for Monetary Sanctions 585
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.05.02
Excerpt: ...) 7 Cal.4th 1, 35.) A plaintiff, by initiating litigation, does not waive his or her expectation of privacy in the use of his personal digital devices, including cell phones, text messages and email messages. (Carpenter v. United States (2018) 138 S. Ct. 2206, 2217 [an individual has a legitimate expectation of privacy in his physical movements, as captured through cell -site location information]; Riley v. California (2014) 134 S. Ct. 2473, 2494...
2024.05.02 Motion to Set Aside Dismissal and Enter Judgment 948
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.05.02
Excerpt: ...ROUND AND MOTION On January 16, 2020, the parties entered into a stipulated settlement agreement. State Farm paid $15,238.54 in property damages to its insured. Pursuant to the terms of the agreement, Neff's insurance carrier, Foremost, was to pay State Farm $6,884.22. The balance of $8,744.32 was to be paid by Neff, with one lump payment of $200.00 and thereafter payments in the amount of $100.00 each month. The stipulation further stated that i...
2024.04.30 Demurrer to FAC 854
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.04.30
Excerpt: ...and personal property sustained damage after the CZU Lightening Complex fires. Plaintiff made a claim pursuant to the AmGUARD policy. Plaintiff alleges various unlawful conduct on the part of his broker and AmGUARD relating to the procurement of the policy and AmGUARD's handling of his claim after the fire. I. DEMURRER Defendant AmGUARD (“AmGUARD”) demurs to the third cause of action in plaintiff's first amended complaint (“FAC”) for n...
2024.04.29 Demurrer, Motion to Strike 395
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.04.29
Excerpt: ...answer”) includes a general denial, alleges that plaintiff was the store General Manager and properly exempt, and asserts 28 affirmative defenses addressing the particular labor code allegations (nos. 8, 15 -17, 23- 27) and general employment- related defenses. Plaintiff's demurrer is based on the following: • Irrelevant defenses (nos. 3, 4, 6, 7, 12 -14, 17- 19, 21, 22, 25) LAW AND MOTION TENTATIVE RULINGS DATE: APRIL 29, 2024 TIME: 8:30 A.M...
2024.04.29 Demurrers 224
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.04.29
Excerpt: ...9, 2024 TIME: 8:30 A.M. Page 8 of 10 (c), 2923.7, 2924.9, and 2924.10, as well as negligence and violations of the Unfair Business Practices Act pursuant to Business and Professions Code section 17200. Plaintiff obtained a loan on the property in question from defendant RMR; the trustee is defendant SLS. (Complaint at ¶ 10.) The loan went into default. On November 11, 2022, SLS caused to be recorded a notice of default and election to sell under...
2024.04.29 Motion to Stay Action 141
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.04.29
Excerpt: ...l economy and to avoid conflicting rulings. (Caifa Professional Law Corp. v. State Farm Fire & Casualty Co. (1993) 15 Cal.App.4th 800, 807.) LAW AND MOTION TENTATIVE RULINGS DATE: APRIL 29, 2024 TIME: 8:30 A.M. Page 6 of 10 It appears that at least four other earlier filed actions exist in which the claims (hourly non -exempt, periods of employment, claims, and employing facilities) overlap with plaintiff's, rendering a renewed stay in this act...
2024.04.26 Demurrer to FAC 417
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.04.26
Excerpt: ...7) 147 Cal.App.4th 740, 747.) When considering demurrers, courts read the allegations liberally and in context. (Taylor v. City of Los Angeles Dept. of Water and Power (2006) 144 Cal.App.4th 1216, 1228.) The court “treat[s] the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law ....” (Berkley v. Dowds (2007) 152 Cal.App.4th 518, 525.) In a demurrer proceeding, the defects m...
2024.04.25 Motion to Strike Complaint 038
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.04.25
Excerpt: ...h of a pet not caused by an intentional tort or where a special relationship exists. (McMahon v. Craig, supra, 176 Cal.App.4th at 1519 [veterinary malpractice and lying to the pet owner did not support action for emotional distress damages]; Plotnik v. Meihaus (2012) 208 Cal.App.4th 1590, 1607 [emotional distress damages recoverable from trespass to chattel when defendant intentionally struck plaintiff's dog with a bat] Levy v. Only Cremations fo...
2024.04.25 Motion to Compel Responses, to Deem RFAs Admitted, for Monetary Sanctions 812
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.04.25
Excerpt: ...tion. The discovery was served on 7/11/23. (Bemis Declaration, Ex. 1.) Responses were served on 8/15/23 but without verifications. (Bemis Decl., LAW AND MOTION TENTATIVE RULINGS DATE: APRIL 25, 2024 TIME: 8:30 A.M. Page 2 of 4 Ex. 2.) Following counsel's attempts to meet and confer, and extensions of time to provide verifications, no verifications have ever been served. Unsworn discovery responses are tantamount to no responses at all. (Zorro ...
2024.04.24 Motion to Compel Further Responses, for Monetary Sanctions 583
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.04.24
Excerpt: ...successful (and unopposed) motion to compel these responses, which was granted on 1/12/24. Following the Court's order, Plaintiff served incomplete responses to form interrogatories nos. 2.6 and 2.8. Request for Production of Documents, Set Two: Defendant seeks responses to requests for production, set two, from Plaintiff Reed. The discovery was served on 10/2/23. (Breen Decl., Ex. A.) Responses were due by 11/6/23, but no responses were served t...
2024.04.23 Motions to Compel Responses, to Deem RFAs Admitted, for Monetary Sanctions 626
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.04.23
Excerpt: ...nd in violation of the terms of the stock purchase agreement. They claim McKeon diverted more than $250,000 in funds from the dispensary to his personal accounts or his solely owned businesses. Form Interrogatories, Request for Production of Documents: Plaintiff Laggner seeks initial responses to form interrogatories and requests for production from Defendant McKeon. The discovery was served on 12/22/23. (Ringgenberg Declaration, Exs. A and B.) R...
2024.04.23 Motion to Stay Action or Vacate Trial Date 631
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.04.23
Excerpt: ... relation to CFP's handling of her fire damage claim. Mapel is the only plaintiff LAW AND MOTION TENTATIVE RULINGS DATE: APRIL 23, 2024 TIME: 8:30 A.M. Page 3 of 5 and her first amended complaint was not brought on behalf of a class. The primary allegations against CFP are that it violated Mapel's rights under the applicable policy and purposefully misrepresented and concealed material facts for the purpose of depriving Mapel of the payment of ...
2024.04.19 Motion to Set Aside Defaults 657
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.04.19
Excerpt: ...h return receipt requested to 59 Hollins Dr., Santa Cruz, CA LAW AND MOTION TENTATIVE RULINGS DATE: APRIL 19, 2024 TIME: 8:30 A.M. Page 2 of 3 95060, estimating Defendants' exact liability to be no more than $5,340,029.27.” (Opp. at pg. 1.) The prove -up hearing occurred on December 20, 2023 and judgment was entered by the court on December 26, 2023. Pursuant to Code of Civil Procedure 425.11, subdivision (c) “[i]f no request is made for the ...
2024.04.18 Motion to Deem RFAs Admitted 749
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.04.18
Excerpt: ...uest 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 with Section 2033.220. It is mandatory that the court impose a monetary san...
2024.04.16 Motion to Consolidate Action, to Stay 946
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.04.16
Excerpt: ...), with her other action against it – A m a y a v. Encompass (21CV02782) (Amaya II), her PAGA wage and hour case. Defendant also moves to either stay or consolidate Daisy Espinoza v. Encompass Community Services (21CV02110) with this action. Plaintiff moves to consolidate her two actions (Amaya I and Amaya II) with the Espinoza action (21CV02110) and Hernandez v. Encompass Community Services (22CV02565). None of the motions are opposed. The Cou...
2024.04.15 Motion for Attorney Fees 556
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.04.15
Excerpt: ...21. Defendants defaulted and this suit resulted. Defendant Blume settled and a one -day court trial was convened as to Defendant Harvey on 2/13/24. The court issued a written judgment against Defendant Harvey for damages in the amount of $430,008.34. II. MOTION Plaintiff moves for an award of attorneys' fees in the amount of $12,375.00 as a prevailing plaintiff based upon a written contract containing an attorneys' fee clause. (Civil Code § 1717...
2024.04.15 Motion to Vacate Renewal of Judgment 349
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.04.15
Excerpt: ...lating to the Judgment -Debtor's claim in pursuing the categorization of a family home as community property to which she was entitled to succeed to as the surviving spouse of the decedent. The complaint alleged the amount owed was $17,430.83. Judgment, after hearing, was entered on December 23, 2003, in the principal sum of $16,798.48, plus interest of $1,744.28 and costs of $350.50. According to the judgment, Judgment -Debtor failed to answer a...
2024.04.11 Motion to Hold Obligers Jointly and Severally Liable for Judgment, OSC Re Contempt, for Attorney Fees 017
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.04.11
Excerpt: ...n's failure to pay on a credit card. Following her successful motion to set aside default, Defendant Brown cross - complained against Collect Access, LLC for violation of the Fair Debt Collection Act and Rosenthal Fair Debt Collection Act. Brown prevailed in a court trial held on May 25, 2018; and on July 13, 2018, a judgment was entered awarding Brown a monetary judgment of $3,000.00. On December 3, 2018, a judgment was entered awarding Brown st...
2024.04.10 Motion to Set Aside Defaults 337
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.04.10
Excerpt: .../23. BACKGROUND: Plaintiff's verified Complaint was filed 9/29/23, just four days after he voluntarily dismissed his previous verified action which alleged four causes of action against Defendants: cancellation of void deed, slander of title, declaratory relief, and quiet title. In that case, Defendants' demurrers and special motions to strike were on calendar for 10/2/23, but Plaintiff appears to have filed his voluntary dismissal in an effo...
2024.04.10 Motion to Continue Trial and Continue Motion for Summary Judgment 080
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.04.10
Excerpt: ...answered on June 29, 2023. The case was set for trial on October 6, 2023, with a trial date of May 28, 2024. Defendant filed her Motion for Summary Judgment/Adjudication on February 20, 2024. The hearing on this motion is set for April 26, 2024. II. Motion to Continue Plaintiff moved ex parte for an order shortening time to have this motion heard and that request was granted. The reason for Plaintiff's requested continuance of the trial is as fo...
2024.04.09 Motion to Tax Costs 609
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.04.09
Excerpt: ...alf of all Defendants and followed the voluntary dismissal of Plaintiffs 759 Las Olas Drive LLC and Hemant Tenaja on 1/5/24. Plaintiffs argue that Defendants are not prevailing parties entitled to costs. Defendants oppose the motion on the grounds that the voluntary dismissal entitles them to recover their costs as to those dismissed Plaintiffs and they need not wait to allocate costs between jointly represented clients until the end of the actio...
2024.04.09 Motion for Summary Judgment 751
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.04.09
Excerpt: ...ed jurisdiction debt collection matter filed 4/3/23 by Wells Fargo against Defendant Greg Benson. Amount of damages sought is $10,593.74. There are six causes of action, all based on breach of written contract and common counts. The Complaint lists the debt amount but no identifying information as to the account number, and its only attachment is an unsigned credit card agreement. Defendant filed an Answer on 5/26/23 asserting a general denial ...
2024.04.09 Demurrer 042
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.04.09
Excerpt: ...chase and sale of the Pandeys' property located at 207 Highland Court in Santa Cruz. On September 12, 2020, escrow closed. Lawless represented the Pandeys in the transaction. “Before plaintiffs entered into the contract, defendants knew that the property's natural drainage had been blocked, and that the property's past means of drainage, a drainage pipe extending into the neighboring property had been capped.” Further the complaint alleges th...
2024.04.08 Motion to Dismiss or for Judgment on the Pleadings 137
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.04.08
Excerpt: ...n is that electrical service was lost during the CZU Fire in 2020, causing extensive damage and business losses to Silver King, an aquatic farming operation growing and harvesting abalone at 245 Davenport Landing Road, Davenport, California. Plaintiff alleges that electric service “is vital to daily Farm operation for the circulation of Pacific Ocean seawater through tanks where the Abalone are stored and from which the Abalone ‘breath' and ...
2024.04.08 Motion for Relief from Government Claims Act 523
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.04.08
Excerpt: ...“SCMTD.”) Petitioner asserts the bus driver negligently operated the bus which caused the fatal collision. Decedent passed away from the injuries he sustained in the accident on November 11, 2022, at the age of 53. After the collision Petitioner, who asserts he is the successor in interest to pursue the wrongful death action, “did not have the mental or emotional capacity to understand or navigate the complexities of legal recourse for his ...
2024.04.08 Motion for Leave to Serve Objections, Demurrer, Motion to Strike 585
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.04.08
Excerpt: ...dvertence, or excusable neglect is granted. (CCP §§ 2030.290, 2033.280, 2031.300.) Defendant shall serve her objections no later than April 26, 2024. LAW AND MOTION TENTATIVE RULINGS DATE: APRIL 8, 2024 TIME: 8:30 A.M. Page 2 of 13 DEFENDANT CANDICE BRUNER'S DEMURRER, MOTION TO STRIKE I. Demurrer: Defendant's demurrer to the fourth cause of action for intentional infliction of emotional distress is overruled. For purposes of a demurrer, all pr...
2024.03.29 Motion for Preliminary Injunction 308
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.03.29
Excerpt: ... owns property located at 918 3rd Street Unit C, Santa Cruz, CA, which she purchased in 2018 for $371,500. In February 2022, Beronia refinanced her mortgage in the amount of $515,000 from Defendant Rediger. The property is her primary residence and is a single -family home. (FAC at ¶¶ 9 -11.) Plaintiff alleges that when she signed the application and loan documents, Defendant instructed her to use a different address for her residence. Plainti...
2024.03.28 Motion for Leave to File SAC 094
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.03.28
Excerpt: ...sdiction and on real property subject to the County's ownership or control....” (FAC ¶16.) “Private property may be taken or damaged for a public use and only when just compensation, ascertained by a jury unless waived, has first been paid to, or into court for, the owner. The Legislature may provide for possession by the condemnor following commencement of eminent domain proceedings upon deposit in court and prompt release to the owner of ...
2024.03.28 Motion for Preliminary Injunction 388
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.03.28
Excerpt: ...uant to the Deed of Trust. (Dec. of Todd at ¶ 4.) The County of Santa Cruz recorded a Notice of Violation against the Property, on June 24, 2009 and then two liens in 2010 for failure to pay penalties and enforcement costs. (Defendant's RJN # 2 -4.) Plaintiff conveyed the Property via a grant deed to Charles P. Schwartz, III, Trustee of the Schwartz Family Trust, dated February 4, 2021. This conveyance occurred on February 12, 2021. (Defendant's...
2024.03.28 Motion for Summary Judgment, Adjudication 609
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.03.28
Excerpt: ... of the grantor to impose restrictions on any portion of the Beach Land for the benefit of the Voris Property; (3) if Plaintiffs' have a real property right to protected views; and (4) if the Vorises acted or failed to act in any manner that substantially interferes with Plaintiffs' real property interests. Plaintiffs' motion for summary adjudication as to its first cause of action for breach of equitable servitude is denied on the grounds ther...
2024.03.28 Motion to Set Aside and Vacate Judgment 749
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.03.28
Excerpt: ... appears Plaintiff seeks to amend his complaint to add or modify causes of action. (See MPA at ¶ 2.) Code of Civil Procedure section 663 provides for vacation of judgment and entry of different judgment. A judgment or decree, when based upon a decision by the court, or the special verdict of a jury, may, upon motion of the party aggrieved, be set aside and vacated by the same court, and another and different judgment entered, for either of the f...
2024.03.28 Motion to Withdraw and Amend Admissions or to Continue Trial 159
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.03.28
Excerpt: ...the action or his or her legal representative may seek relief under CCP §473(b) and relief is mandatory when it is based upon an attorney affidavit of fault. Code of Civil procedure §473(b) provides the court with discretion to grant relief based upon a showing of “mistake, inadvertence, surprise, or excusable neglect.” The party moving for relief must show specific facts demonstrating that one of these conditions was met. (Hopkins & Carle...
2024.03.27 Motion to Enforce Settlement 307
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.03.27
Excerpt: ...ompromise and release. Defendants were supposed to pay Smith 20 quarterly payments in varying amounts over the course of five years. Defendant made a single payment of $3,000 in March 2023 and nothing since. The settlement agreement contains an enforcement provision pursuant to CCP §664.6. (Exhibit 1, Section 9.) Plaintiff Smith moves pursuant to CCP §664.6 to enforce the settlement agreement. LAW AND MOTION TENTATIVE RULINGS DATE: MARCH 27, 2...
2024.03.26 Motion for Attorney Fees 424
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.03.26
Excerpt: ...aring related to its effort to impose a 47% rent increase on its residents. This Court sustained a demurrer ruling that the park owner had failed to join the park's residents as parties. An appeal followed, then a remand, which resulted in the case's dismissal with prejudice. Defendant then filed a motion for attorneys' fees based upon CCP §1021.5 which was granted. The park owner unsuccessfully appealed that ruling, and this motion seeks the A...
2024.03.25 Petition for Relief from Government Claims Act 388
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.03.25
Excerpt: ...claration from his counsel. On March 17, 2023, Petitioner was followed home by police officers from the Scotts Valley Police Department. (“SVPD”) for a nonfunctional front headlight (Dec. of Nordgreen at ¶ 1 and Opp at pg. 2.) An incident ensued and initially Petitioner was charged with a misdemeanor, but that charge was later dropped after his attorney became involved. (Dec. of Nordgreen at ¶ 3.) On March 29, 2023, Petitioner called the SV...
2024.03.25 Motion to Consolidate 539
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.03.25
Excerpt: ... unnecessary costs or delay. A consolidation of actions does not affect the rights of the parties. The purpose of consolidation is merely to promote trial convenience and economy by avoiding duplication of procedure, particularly in the proof of issues common to both actions. (Wouldridge v. Burns (1968) 265 Cal.App.2d 82, 86.) Whether to consolidate rests in the sound discretion of the trial court and will not be disturbed on appeal except upon a...
2024.03.22 Demurrer 380
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.03.22
Excerpt: ...bel, slander and false light invasion of privacy. A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) When considering demurrers, courts read the allegations liberally and in context. (Taylor v. City of Los Angeles Dept. of Water and Power (2006) 144 Cal.App.4th 1216, 1228.) The court “treat[s] the demurrer as admitting all material facts properly pleaded, but not con...
2024.03.21 Motion to Strike, for Bifurcation 609
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.03.21
Excerpt: ...r declaratory relief (against all Defendants). Plaintiffs seek a preliminary and permanent injunction restraining the Vorises' use of the first and second level decks; for an order compelling removal of the first and second level decks, for a declaration that the Vorises' property's deed created an equitable servitude that restricts construction of structure within the setback area identified in the deed; for a declaration that use of the fir...
2024.03.20 Petition for Writ of Mandate 517
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.03.20
Excerpt: ...ejected on the merits. • Petitioner's second action (21CV00537) asserted a challenge to the November 2020 approval of an amendment to the PWS EIR. The case was dismissed on demurrer based on the statute of limitations. • Petitioner's third action (21CV02699) challenged the October 2021 adoption of an addendum regarding minor design changes. It was dismissed for failure to file a timely Request for Hearing. In this action, Petitioner challeng...
2024.03.20 Demurrer 605
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.03.20
Excerpt: ...physical injury. (Please see attached detailed information.)” • Intentional tort: “Defendants maliciously and intentionally applied restraints in a manner contrary to accepted practice causing Plaintiff to suffer a permanent physical injury. (Please see attached detailed information.)” • Premises Liability: “Defendants improperly applied restraints and dragged Plaintiff down a set of stairs. (See attached detailed account.)” • Exe...
2024.03.19 Motion for Trial Preference 805
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.03.19
Excerpt: ...makes both the following findings: (1) The party has a substantial interest in the action as a whole. (2) The health of the party is such that a preference is necessary to prevent prejudicing the party's interest in the litigation. (Empasis added.) In support of this request, Plaintiff submits a declaration from her counsel stating upon information and belief that Plaintiff is 72 years of age, suffers from high blood pressure, diabetes, and had ...
2024.03.14 Demurrer, Motion to Strike 562
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.03.14
Excerpt: ...nt (“FAC”) on November 27, 2023. Defendant has again brought a demurrer and motion to strike. Plaintiff alleges the following causes of action in his FAC: (1) Fraud - Concealment; (2) violation of Business and Professions Code section 17200; (3) violation of the Song -Beverly Consumer Warranty Act - Breach of Express Warranty; (4) violation of Song -Beverly Consumer Warranty Act - Breach of Implied Warranty; and (5) violation of Song -Beverly...
2024.03.14 Motion to Declare Vexatious Litigant 552
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.03.14
Excerpt: ...attempt to relitigate issues previously litigated against them, may be barred from filing new lawsuits without prior leave of court. (CCP §§391 -391.7.) Any person who “commences, institutes or maintains” an action in pro per may be determined to be a vexatious litigant. §391(d). There are five bases set forth in §391(b) for declaring a person a vexatious litigant. The plaintiff's conduct must fall within one of these categories, and th...
2024.03.14 Motion for Stay 094
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.03.14
Excerpt: ...y be taken or damaged for a public use and only when just compensation, ascertained by a jury unless waived, has first been paid to, or into court for, the owner. The Legislature may provide for possession by the condemnor following commencement of eminent domain proceedings upon deposit in court and prompt release to the owner of money determined by the court to be the probable amount of just compensation.” (Cal. Constitution, Art. I, Section...
2024.03.14 Petition to Compel Arbitration 110
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.03.14
Excerpt: ...o Defendant at the time of sale. Plaintiffs claim that Defendant could not repair the vehicle to alleviate or repair the defect and should now replace the car or make restitution to Plaintiffs. Plaintiffs' causes of action: 1. Violation of Civil Code §1793.2(d) (Song- Beverly Act): failure to service the vehicle to conform to the applicable express warranties after a reasonable number of opportunities 2. Violation of Civil Code §1793.2(b): fail...
2024.03.13 Motion to Set Aside Dismissal and Enter Judgment Pursuant to Stipulated Settlement 257
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.03.13
Excerpt: ...n August 15, 2023. Pursuant to the Agreement, the parties stipulated that judgment would be entered in favor of Plaintiff and against defendant in the principal amount of $3,771.83 (principal), plus costs in the amount of $314.00. The judgment was to be stayed and no judgment would be entered so long as Defendant timely and properly made all payments as agreed. (Settlement Agreement at ¶¶ 1 -5.) The Agreement contained a clause which permitted ...
2024.03.08 Motion for Summary Judgment 275
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.03.08
Excerpt: ...estrian- automobile accident, when he was struck by a vehicle driven by a Santa Cruz City Schools employee. Plaintiff is in pro per. Her handwritten complaint, filed 6/10/20, fails to plead that she presented any timely government claim. I. DEFENDANT'S MOTION Defendant moves for summary judgment on the grounds no government claim was presented. It presents the following undisputed facts: Plaintiff's Complaint includes a single cause of action fo...
2024.03.07 Petition for Writ of Mandate 683
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.03.07
Excerpt: ...Santa Cruz (“City”), and the County of Santa Cruz (“County”) -- challenge the Regents' September 30, 2021 approval of the 2021 Long Range Development Plan (“LRDP”) for the UCSC campus, the certification of the related EIR, and other related approvals (hereinafter referred to as the “LRDP Approvals”). Petitioners assert that the Regents violated a variety of substantive and procedural requirements of CEQA in relying on a defective...
2024.03.07 Motion to Tax Costs 347
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.03.07
Excerpt: ...ings (“Grow Holdings”), and of Quay Hays and Grow Land & Water, is denied as untimely. (CRC 3.1700(b)(4).) Grow Holdings is awarded $1,477.22. Quay Hays and Grow Land and Water are awarded $19,505.22. ANALYSIS: Prevailing parties are entitled to recover certain categories of costs as a matter of right. (CCP §1032.) Certain items of costs are specifically allowable, while others are specifically prohibited under CCP §1033.5(a)(b). The cour...
2024.03.07 Motion for Preliminary Injunction 238
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.03.07
Excerpt: ...r future caregivers, as both are elderly, and that they have obtained approval for the proposed ADU from both the City of Santa Cruz and the Coastal Commission. The properties at issue are located on West Cliff Drive (the property owned by the Defendants) and Manor Avenue (the property owned by Plaintiff.) A First Amended Complaint was filed on February 15, 2024, alleging: 1. Violation of Public Resources Code section 30251. 2. Nuisance. 3. Cove...
2024.03.07 Motion for Attorney Fees 347
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.03.07
Excerpt: ...8 -day trial. The jury's verdict found Defendants liable for Plaintiffs' claims for breach of contract, breach of the implied covenant of good faith and fair dealing and findings as to fiduciary duties owed by Defendant Torres. Following the jury trial, a court trial proceeded on the issues of alter ego and prejudgment interest. The Court ruled that Quay Hays, Grow Land and Water, and Green Renewable Organic and Water Holdings (“Grow Holdings...
2024.03.07 Application for Preliminary Injunction 139
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.03.07
Excerpt: ...iness practices, breach of the covenant of good faith and fair dealing, fraud, negligent misrepresentation and negligent training and supervision. On April 2, 2019, a notice of conditional settlement was filed and on May 21, 2020, the parties entered in a stipulation for dismissal and order. The case was dismissed with prejudice but the Court retained jurisdiction pursuant to Code of Civil Procedure section 664.6 to enforce the terms of the sett...
2024.03.06 Motion for Terminating Sanctions 293
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.03.06
Excerpt: ...rended the Plaintiffs' car. On 8/4/23, this Court granted Plaintiffs' attorney's motion to be relieved, on the grounds there were communication issues and his clients had not cooperated with prosecuting the case. Plaintiffs have failed to respond to any discovery in this action. As a result, Defendant Ortega Berry Farms asks this Court to dismiss their cases, or in the alternative, impose further LAW AND MOTION TENTATIVE RULINGS DATE: MARCH 6, 20...
2024.02.29 Petition to Compel Arbitration 051
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.02.29
Excerpt: ...l arbitration must establish the existence of a written arbitration agreement between the parties. Code of Civ. Proc. § 1281.2. In ruling on a motion to compel arbitration, the court must first determine whether the parties actually agreed to arbitrate the dispute, and general principles of California contract law help guide the court in making this determination. (Mendez v. Mid -Wilshire Health Care Center (2013) 220 Cal.App.4th 534, 541.) No ...
2024.02.29 Petition for Writ of Mandate 517
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.02.29
Excerpt: ...ejected on the merits. • Petitioner's second action (21CV00537) asserted a challenge to the November 2020 approval of an amendment to the PWS EIR. The case was dismissed on demurrer based on the statute of limitations. • Petitioner's third action (21CV02699) challenged the October 2021 adoption of an addendum regarding minor design changes. It was dismissed for failure to file a timely Request for Hearing. In this action, Petitioner challeng...

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