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 ...

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...

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...

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...

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...

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...

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...

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...

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...

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 ...

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...

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...

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 ...

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 ...

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...

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...

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...

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...

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...

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 ...

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...

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...

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...

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...

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...

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...

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...

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...

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 ...

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...

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...

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...

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...

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 ...

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...

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...

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...

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...

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...

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...

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...

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 ...

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...

Excerpt: ...23, Defendants propounded approximately 50 requests for production each to three non- parties: 763 Las Olas Drive Member LLC, Ann Tsukamoto and Irving Weissman. A party seeking documents from a nonparty “must articulate specific facts justifying the discovery sought; it may not rely on mere generalities.” (Board of Registered Nursing v. Superior Court (2021) 59 Cal.App.5th 1011, 1039 (2021).) Courts must assess a party's justifications ...

Excerpt: ...�led on October 18, 2023. There are nine causes of action alleged: wrongful termination, retaliation, failure to pay overtime, failure to pay wages, failure to pay final wages, failure to reimburse, failure to provide accurate wage statements, and intentional infliction of emotional distress and civil penalties pursuant to private attorney general's act. Defendants answered on November 8, 2023. On November 15, 2023, Plaintiff propounded discove...

Excerpt: ...w mailing envelope with postage meter stamped dated January 24, 2023. SAR 42 -46 January 30, 2023 Motion to Vacate the January 24, 2 -23 Administrative Per Se Refusal Notification of Findings and Decision. SAR 47 January 30, 2023 Fax confirmation for San Jose Driver Safety Office. SAR 48 January 30, 2023 Fax confirmation for DMV Legal Affairs Division. SAR 49 -50 UPS Next Day Air shipping labels for DMV San Jose Driver Safety Office and Divisi...

Excerpt: ...o the sound discretion of the Court. (CCP §§ 473(a) (1) and 576.) Courts may permit amendments at any stage in the proceedings, up to and including trial, so long as there is no prejudice to the adverse party. (Atkinson v. Elk Corp. (2003) 109 Cal.App.4th 739, 761.) Leave may be denied if there was unwarranted delay in seeking it, or it would prejudice the opposing party, such as by delay in trial, loss of critical evidence, or added costs of p...

Excerpt: ...t Plaintiff failed to provide the Agreement in support of its motion, failed to provide invoice support for the charged fees, and failed to distinguish which fees were related to various events in the case (contempt motion, summary judgment, etc.). LAW AND MOTION TENTATIVE RULINGS DATE: FEBRUARY 27, 2024 TIME: 8:30 A.M. Page 4 of 14 The Court's original order did not approve fees and costs associated with the entire action, only the OSC contempt ...

Excerpt: ...er 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 contentions, deductions or conclusions of fact or law ....” (Berkley v. Dowds (2007) 152 ...

Excerpt: ...aintiff seeks to depose a corporate president, or corporate officer at the apex of the corporate hierarchy, absent a reasonable indication of the officer's personal knowledge of the case and absent exhaustion of less intrusive discovery methods." (Liberty Mutual Ins. Co. v. Superior Court (1992) 10 Cal.App.4th 1282, 1287.) "[T]he trial court should first determine whether the plaintiff has shown good cause that the official has uniqu...

Excerpt: ...empt and fined, incarcerated and sanctioned for her willful disobedience of the Court's orders of 10/23/23 and 12/18/23 regarding her continued deposition dates. Defendant further moves for evidentiary and/or terminating sanctions for Plaintiff's repeated violations of the Discovery Act and refusal to comply with court orders. Defendant seeks monetary sanctions in the amount of $4,920 for the costs and fees incurred in bringing this motion. Plai...

Excerpt: ...ectly controlled the wages, hours, or working conditions of the affected workforce of the judgment debtor. (Labor Code §200.3(2)(3); Declaration of Mohsin, ¶¶2 -17; Declaration of Ali Ammar, Exhibits A through L.) Further, no opposition was filed as to any of these entities. The motion is denied as to Zalo Holdings LP on the grounds that there is insufficient evidence that it uses substantially the same facilities or substantially the same wo...

Excerpt: ...verned by various recorded Covenants, Conditions and Restrictions (“CC&R”) and managed by the Pajaro Dunes Association (“Association”). Changes to properties must be proposed to the Association Board and/or Design Committee in accordance with the CC&Rs. (Complaint ¶¶4 -5; Request for Judicial Notice.) At some point prior to June 2022, Plaintiffs applied to remodel the interior of the home and construct multiple decks. In June 2022, the ...

Excerpt: ...signed. (Beene Decl., ¶¶10- 15). Defendants never responded to the discovery prior to the filing of this motion. Defendants filed an untimely Opposition to the motion, six court days after the filing deadline, contending they have suggested many times to Plaintiff's counsel how they thought he should “remedy” the situation, but that they would not respond to the discovery. Defendants fail to provide any declaration or any form of actual ...

Excerpt: ... Obviously, it was not something that could be adjudicated at a case management conference. LAW AND MOTION TENTATIVE RULINGS DATE: FEBRUARY 14, 2024 TIME: 8:30 A.M. Page 4 of 6 The issue is whether EFAA's prohibition to arbitrate sexual harassment claims applies to cases in which the harassment and termination occurred prior to its enactment, as is the case here. Plaintiff asserts yes, because the act states it applies to disputes, and this dispu...

Excerpt: ...es, plants, seeds, and firewood to the public. (Complaint at ¶ 1.) Plaintiff alleges that in the years after the CZU Complex fire, several trees, and tree limbs had fallen on the property. While trimming and bucking trees, a dead and decaying limb from an overhanging tree fell and struck Plaintiff, breaking his spine and causing permanent paralysis. (Complaint at ¶ 2.) At the time of the incident, Plaintiff alleges he was an employee of Defen...

Excerpt: ...m Deendants' new decks block their views, which violates the deed restrictions on the property because the decks intrude into the setback, and violates their privacy because anyone on the elevated decks can look directly into their homes and yards. (TAC ¶¶ 1, 47-50, 53-55) Deendants began construction in late 2021. (TAC ¶¶ 20, 36.) Plainti
¯s contend that the plans submitted to the County or the project included misleading inormation reg...

Excerpt: ...he Opposition, the discovery responses and documents at issue were served on January 7, 2022. (Dec. of Cornejo at ¶ 7.) Plainti
¯s never met and conferred. (Dec. of Cornejo at ¶ 9.) Plainti
¯'s motion is procedurally defective and untimely. Code of Civil Procedure section 2031.310, which governs motions to compel further responses to inspections, requires that such motions be Þled and served within 45 days of service of the responses. “The...

Excerpt: ...perly identify the nature of the claim and parties a
¯ected. Ibid. Where the complaint is so confusing defendant cannot tell what it must answer for, then a demurrer may be appropriate. (Ibid., citing Williams v. Beechnut Nutrition Corp. (1986) 185 Cal.App.3d 135, 139, fn. 2; see also CCP §430.10(f).) The Complaint appears to be nearly identical to the deÞcient complaint in 23CV01083 (which Plainti
¯ voluntarily dismissed on 10/27/23 instead ...

Excerpt: ...BACKGROUND: Plainti
¯ Sungrown brought a complaint for negligence, negligence per se, trespass, conversion, tortious interference with contractual relations, and injunctive relief based on the allegation the County has been incorrectly testing for THC in commercial hemp crops since 2019. This resulted in Plainti
¯'s loss of 15 acres of commercial hemp. LAW AND MOTION TENTATIVE RULINGS DATE: FEBRUARY 9, 2024 TIME: 8:30 A.M. Page 2 of 9 Following...

Excerpt: ...ages.” Plainti
¯'s complaint is very poorly drafted and is, in some instances, virtually unintelligible. There are missing words, improper tense, and the grammar and syntax is poor. It is thus di
¯icult to decipher what Plainti
¯ is alleging at various points within the complaint. “Plainti
¯'s primary allegation is that [Santa Cruz County] Ordinance 7.38 has lost sight of State's mandate requiring Plainti
¯ to be allowed to the (sic) pra...

Excerpt: ... was recorded, clouding title to Plainti
¯'s property. In the FAC, Plainti
¯ is requesting the court “to review the validity of document 2007- 0015834 dated March 23, 2007 and document 2007-0018873. Plainti
¯ requests entry of an Order that document 2007-0015834 is not acknowledged, it is a forged documents and cannot be recorded, and therefore is to be removed from the Santa Cruz County recorders records along with document 2007-0018873. Th...

Excerpt: ...ainti
¯ and his parents, and Myers recommended that Plainti
¯ participate in the Travelling School Summer Program, which Myers supervised and was part of the District. (FAC at ¶ 19.) Based upon Myers's recommendation, Plainti
¯ participated in the Traveling School Summer Program in 1983. It was at this time Plainti
¯ alleges he was groomed for abuse, sexually assaulted, and abused by Myers. (FAC at ¶ 18.) Myers is alleged to have had studen...

Excerpt: ...issions, and Demand for Production of Documents and monetary sanctions as to Plainti
¯s Sheryl Lynn Vollers Pinard and Alfred Pinard, III. LAW AND MOTION TENTATIVE RULINGS DATE: JANUARY 30, 2024 TIME: 8:30 A.M. Page 2 of 3 On October 5, 2023, Defendants' counsel served form interrogatories, requests for admissions (counsel in his declaration states his o
¯ice served special interrogatories but a reference to special interrogatories only appears...

Excerpt: ...ir Plan (“CPF”). The Þrst amended complaint alleges breach o the implied covenant o good aith and air dealing; the causes o action or aiding and abetting, and civil conspiracy were dismissed without prejudice on October 5, 2022. Beore the court is Plainti
¯'s Motion or Biurcation to Permit Court Trial Regarding the Validity and Enorceability o Ms. Mapel's Insurance Policy. The motion is made pursuant to Code o Civil Procedure se...

Excerpt: ...gment “nunc pro tunc” to include Plainti
¯'s attorney's fees. Counsel claims four hours of time at $200.00/hour or $800.00. Attached to the motion is a declaration from counsel Harlan Reese who states that he is only seeking compensation for four hours of work even though he spent more time. A review of the Court Þle shows default judgment was entered on March 10, 2020, based upon Plainti
¯'s written declaration, in the amount of $8,781.91...

Excerpt: ...n the sidewalk while falling forward and injuring her shoulder, neck, hip and back. The accident happened at the intersection [of] Pelton Avenue and Lighthouse Avenue." In connection with this cause of achon she alleges negligence, willful failure to warn, and dangerous condition of public property. Defendant filed its Answer on June 27, 2023. Defendant now brings a motion for judgment on the pleadings on the grounds that Plaintiff failed to comp...

Excerpt: ...vice on the parties on November 13, 2023. Therefore, any motion to reconsider the court's order must have been filed by November 23, 2023. The Notice of Entry of Order/Judgment and Order were filed on November 27, 2023. Petitioner has brought this motion because she wishes to present arguments in relation to the court's tentative ruling on the underlying Writ of Mandate. The new circumstances, she asserts, is that counsel for Respondents "engaged...

Excerpt: ...ijuana dispensary. Canna filed suit against the County of Santa Cruz ("County") following two Sheriff's Department raids in which 1800 marijuana plants were destroyed in the first raid and 700 in a second raid. In the Spring of 2015, Plaintiff's assignor Granny Purps, commenced a medical marijuana growing operation on Fern Flat Road in Aptos. On 6/22/15, the Sheriff's Department appeared at the Property and destroyed 1,800 cannabis plantsl valued...

Excerpt: ...aintiff appears to ask this Court to prevent the seizure of wages related to child support arrears judgments and bases his claims on federal constitutional law related to due process. Defendants demur on the grounds that the petition fails to state facts constituting any cause of action, is fatally uncertain, fails to properly identify which claims relate to which parties, and that their actvities in issuing earnings withholding orders against Pl...

Excerpt: ...n, provides: (a) Where the writ is issued for the purpose of inquiring into the validity of any final administrative order or decision made as the result of a proceeding in which by law a hearing is required to be given, evidence is required to be taken, and discretion in the determination of facts is vested in the inferior tribunal, corporation, board, or officer, the case shall be heard by the court sitting without a jury. (b) The inquiry in su...

Excerpt: ...ed by defendant Fifty-Five River Street Associates, LLC. ("Fifty-Five River") who was insured by Nationw-de. Plaintiffs operated businesses out of the premises. There are three corporate plaintiffs: Media Rights Technologies, Inc. ("MRT"), Encryptos, and Bluebeat, Inc. Mr. Risan is the Chief Executve Officer of all three companies. (Opp. at pg. 1.) In 2016, water from a storm event entered into the building through the roof. Plaintiffs allege the...

Excerpt: ...ons pursuant to CCP 5128.7. Defendants declare they have met the statute's 21- day safe harbor requirement by serving Plaintiff on 11/17/23 with a copy of the motion. (Supplemental Declaration of Marquis, 94) This motion was filed following that period, on 12/12/23. Ms. Marquis seeks $18,074.00 for her tme and that of her associate in their efforts to meet and confer with Plaintiff and preparation of papers related to the motion. Defendants asser...

Excerpt: ...signment is too speculative. Based on the pleadings and the Court's familiarity with this matter, the settlement paid to Plaintiff of $375,000 in exchange for a dismissal with prejudice of the complaint against Defendants Hugo Cazares, Faith & Family Farms, and Jessie Melendrez is within the reasonable range of the settling tortfeasors' proportional share of comparative liability for the alleged damages. (Tech-Bilt, Inc. v. Woodward-Clyde & Assoc...

Excerpt: ...d (neither allowed nor prohibited) in CCP 51033.5. (CCP S1033.5(c)(4).) However, whether awarded as allowable costs underthe statute, or in the court's discretion, all costs are subject to the conditions that they are (1) actually incurred; (2) necessary to the conduct of the litigation rather than merely convenient or beneficial to its preparation; and (3) reasonable in amount. (CCP If items on their face appear to be proper charges, the verifie...

Excerpt: ...NTIFFS' MOTIONS TO COMPEL FURTHER RESPONSES BY DEFENDANT DOCTOR'S ASSOCIATES TO FORM INTERROGATORIES, SET TWO; REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE; AND SANCTIONS This is a commercial rent collection case related to a Subway retail store located at 1487 Main Street, Watsonville in the Overlook Shopping Center. Defendants are Ramanjeet Singh Saini, Subway Real Estate, LLC, and Doctor's Associate's LLC. As alleged, from 3/1/20 through 8/31/...

Excerpt: ... Santa Cruz County with Canepa Group. Meanwhile, pursuant to the terms of the sales agreement, Fisken and Carl were embroiled in litigation in the United Kingdom on their claims related to the sale. On 10/30/18, this Court stayed the action pending resolution of the case in the London Circuit Commercial Court (Claim No. LM-2018-000138). The London claim was brought by Plaintiff Friskin for specific performance/delivery of the car pursuant to its ...

Excerpt: ...s hourly rate for this matter is $475, and costs associated with the entre action total $3,135.19. The total fees amount also includes $15,716.25 in paralegal fees. 1. Legal principles re: attorney fee awards: Serrano Ill requires the trial court to first determine a touchstone or "lodestar" figure based on a careful compilation of the tme spent and reasonable hourly compensation for each LAW AND MOTION TENTATIVE RULINGS DATE: JANUARY 8, 2024 TIM...

Excerpt: ... California Constitution. She seeks to vacate the election and set aside all associated property fee assessments. CALFIRE is named as a Real Party in Interest. County demurrers to Petitioner's First Amended Petition, filed 6/5/20, for Writ of Mandate on the following general grounds: • The entire petition fails to comply with applicable Rules of Court and is so vague, ambiguous, uncertain and unintelligible, and fails to state facts supporting ...

Excerpt: ... low valuations which parties in a prior suit (the Elwards) used to force the sale of properties they owned with Plaintiff. There are two causes of action, professional negligence as to the Futura Partnership (1906 Soquel Property) and professional negligence as to the 108 Eastgate and 1999 Soquel Properties. Plaintiff alleges he sued his former business partners, the Elwards, in two suits in late 2019 related to the real properties. (FAC "13-14....

Excerpt: ...t facts, circumstances, or law, make application to the same judge or court that made the order, to reconsider the matter and modify, amend, or revoke the prior order." The legislative intent was to restrict motions for reconsideration to circumstances where a party offers the court some fact or circumstance not previously considered, and some valid reason for not offering it earlier. (Weil & Brown, Civil Procedure Before Trial (TRG 2023) S 9:328...

Excerpt: ...ve defenses (the 26th 27th and 28th). Defendant wishes to add Labor Code defenses related to Plaintiff Jorge Rodriguez's employment status, namely statutory employee, exclusive remedy rule, and benefits setoff. (Mantych Decl. Ex. 1.) Defendant argues these defenses are legal, will not add to discovery, will allow it to perfect its Answer in advance of trial, and avoid waiver of defenses that have arisen during the course of the action. Plaintiff ...

Excerpt: ...2) 101 Cal.App.4th 1395, 1405.) The complaint is to be given a reasonable interpretation and read in context. (See Schifando v. City of Los Angeles (2003) 31 Cal.4th 1074, 1081.) Defects must appear on the face of pleading or be judicially noticed. (Donabedian v. Mercury Ins. Co. (2004) 116 cal.App.4th 968, 994; SKF Farms v. superior court (1984) 153 cal.App.3d 902, 905.) Defendant argues that Plaintiff lacks both the capacity to sue and the stan...

Excerpt: ... 2023 TIME: 8:30 A.M. Page 2 of 6 Plaintiff filed declarations stating generally that she attempted to adhere to the Court's order on the earlier demurrer but that due to an urgent situation she is unable to timely respond to the motions. She filed no other opposition to Defendants' arguments. SUMMARY OF COURT RULING: As explained below, the Court's rulings on the demurrers are: • Sixth cause of action, Discrimination due to national origin —...

Excerpt: ...l„ Inc. (2002) 101 Cal.App.4th 1395, 1405.) Fraud allegations must be pleaded with more detail than other causes of action. (Heritage Pac. Fin., LLC v. Monroy (2013) 215 Cal.App.4th 972, 989.) The facts constituting the fraud, including every element of the cause of action, must be alleged "factually and specifically," i.e., the plaintiff must plead facts showing the defendant's misrepresentation (or omission that the defendant had a duty to di...

Excerpt: ...al motions. PROCEDURAL BACKGROUND: The jury returned a verdict on 7/14/23 for Plaintiffs in the amount of $150,000 for Plaintiff Perslow and $413,491.98 for Plaintiff Barabba following an 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 t...

Excerpt: ...of supervisor responsibilities; ethics; relationships; performance; and conduct. City alleged and was successful in demonstrating to the City Manager and City Council that Ball violated these City policies when he sexually harassed a subordinate (Officer Wowak) and retaliated against her. Petitioner's writ is denied. As discussed below, based on this Court's independent review of the evidence, the weight of the evidence supports the CUIA8's decis...

Excerpt: ...ces from expressly alleged facts are deemed true. (Sheehan v. San Francisco 49ers, Ltd. (2009) 45 Cal.4th 992, 998; Cundiff v. GTE Cal. , Inc. (2002) 101 Cal.App.4th 1395, 1405.) Ifthe complaint states a cause of action under any theory, regardless of the title under which the factual basis for relief is stated, that aspect of the complaint is good against a demurrer. "[Wle are not limited to plaintiffs' theory of recovery in testing the sufficie...

Excerpt: ... these findings. FACTUAL BACKGROUND This matter involves a dispute over the sale of real property (an allotment) located in Paradise Park. In 2003, John Simas's father purchased an "allotment" for him to use and occupy. Simas became a member of Paradise Park Masonic Club in 2003. He lived there until he decided to move to Brazil, where he intended to permanently live. While in Brazil, Simas and plaintiffs Craig and Kelly Powell (Craig is John's c...

Excerpt: ...animal with known dangerous propensities, strict liability pursuant to Civil Code section 3342, and negligence. He seeks general and special damages. Plaintiff seeks an order compelling the examination and inspection of Pip by Plaintiff's expert, with the following requests to take place at the examination: 1. Pip's reacton to a neutral third party from a safe and reasonable distance; 2. Pip being walked on the sidewalk by a competent, controllin...

Excerpt: ... Roman claims she suffered a ruptured aneurysm while driving her vehicle. The aneurysm occurred while she was exiting the freeway near her home; her vehicle collided with Plaintiffs' vehicle, her car jumped the median and eventually landed off the roadway. Defendant asserts medical emergency as a defense — that in the seconds before the accident she suffered a ruptured aneurysm and is not responsible for the collision. Plaintiffs' Complaint inc...

Excerpt: ... of the title under which the factual basis for relief is stated, that aspect of the complaint is good against a demurrer. "[Wle are not limited to plaintiffs' theory of recovery in testing the sufficiency of their complaint against a demurrer, but instead must determine if the factual allegations of the complaint are adequate to state a cause of action under LAW AND MOTION TENTATIVE RULINGS DATE: DECEMBER 5, 2023 TIME: 8:30 A.M. Page 2 of 2 any ...

Excerpt: ...ubd. (a) & (b) to obtain supplemental responses. Plaintiff specifically seeks supplemental responses to nos. 12.2-12.7, 13.1-13.2, 15.1, 15.2-16.20, and 17.1. Asto requests 12.2-12.7, 13.1, 13.2, 16.2-16.20 and 15.1, CEA asserts that this second set of interrogatories is improper "because CEA had already responded to the same set of discovery on July 1, 2023, and that CEA has no duty to update its discovery responses, absent the service of a Supp...

Excerpt: ... over the subject matter of the action shall be joined as a party in the action if (1) in his absence complete relief cannot be accorded among those already parties or (2) he claims an interest relating to the subject of the achon and is so situated that the disposition of the action in his absence may (i) as a practical matter impair or impede his ability to protect that interest or (ii) leave any of the persons already parties subject to a subs...

Excerpt: ...further responses after the motion was filed and Defendant has failed to address those new responses or take the motion off calendar. FACTUAL BACKGROUND Plaintiff Johanna Ronsse filed her Complaint on 9/9/22 against three defendants she alleges were complicit in financial elder abuse of her father, who died 4/25/22. She alleges that Maria Hulsey, former neighbor of her father John Ronsse, used undue influence in having John sign over his mobile h...

Excerpt: ...doctor's discharge order and a safe discharge option. When these conditions are not met, Kindred must continue to treat the patient. Acute care hospitals, like Kindred's, operate at a much higher care level than skilled nursing facilities. (FAC "14-7.) Kindred believes defendant SCMMMCC ("Alliance") is a regional county organized health system formed to administer the Medicare (Medi-Cal) managed care program in Santa Cruz, Monterey, and Merced co...

Excerpt: ...alendar conflict. In support of their motion, counsel for moving parties states he has a calendar conflict with this trial date and that he was assigned as trial counsel to this case after prior counsel resigned. He is to start trial in Stanislaus County on February 6, 2024. Mr. Hermanson states: "the trial judge in the Stanislaus County [case] advised there would be no additional contnuances. Also, I see no chance of the Stanislaus County case r...

Excerpt: ... at the post office, employees called the police when he refused to leave, and when confronted by Offcer Fletes, he insisted the officer write a report regarding the postal employees' treatment of him. The officer told him if he did not leave, he'd be arrested for trespassing. Ultimately, Plaintiff left and no arrest was made. No physical contact occurred between Plaintiff and Officer Fletes. (Complaint 31, 71, 79, 111, 115, 119, 170, 172, 175, 1...

Excerpt: ...side the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the 564.6.) "It is for the trial court to determine in the first instance whether the parties have entered into an enforceable settlement. [Citation.] In making that determination, 'the trial court acts as the trier of fact, determining whether the parties entered into a valid ...

Excerpt: .../23. (Complaint 98.) LAW AND MOTION TENTATIVE RULINGS DATE: NOVEMBER 16, 2023 TIME: 8:30 A.M. Page 3 of 13 Fraud allegations must be pleaded with more detail than other causes of achon. (Heritage Pac. Fin„ LLC v. Monroy (2013) 215 Cal.App.4th 972, 989.) The facts constituting the fraud, including every element of the cause of action, must be alleged "factually and specifically," i.e., the plaintiff must plead facts showing the defendant's misre...