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Location: Santa Cruz x
2022.12.05 Motion for Leave to File FAC 678
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.12.05
Excerpt: ...dment is not precluded by delay or prejudice to Defendant. Defendant's discovery response promised providing the vet records, Defendant failed to provide those records, and Defendant denied any aggressive tendencies by his dog at deposition. Plaintiff did not discover medical documentation as to Pip's aggressiveness until the discovery was obtained via a subpoena. Due to Defendant's dilatory conduct in providing vet records and in deposition deni...
2022.12.01 Motion to Set Aside Default Judgment 112
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.12.01
Excerpt: ...t was entered on August 11, 2022 and Mr. Sump's on August 15, 2022. Defendants filed this motion on October 12, 2022. “'Whenever an application for relief is made no more than six months after entry of judgment, is in proper form, and is accompanied by an attorney's sworn affidavit attesting to his or her mistake, inadvertence, surprise, or neglect, [the court shall] vacate any (1) resulting default entered by the clerk...or (2) resulting defau...
2022.12.01 Motion for Reconsideration 735
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.12.01
Excerpt: ... be extended five calendar days, upon service by mail, if the place of address and the place of mailing is within the State of California... (c)In case of service by another method of delivery providing for overnight delivery... any period of notice and any right or duty to do any act or make any response within any period or on a date certain after service of the document served by Express Mail or other method of delivery providing for overnight...
2022.12.01 Motions for Order Lifting Stay, for Leave to File FACC 689
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.12.01
Excerpt: ...be adjudicated in the United Kingdom. GFL and Carl then proceeded to litigate their claims in the High Court of Justice in the UK; and a final judgment was entered by that court on June 11, 2021. Mr. Carl now moves to lift the stay as to his remaining cross‐claim against GFL, for breach of a Supplemental Agreement; and as to his cross‐claim against Canepa Group, Inc. (Canepa), for negligent bailment. Mr. Carl also seeks to amend his cross‐c...
2022.11.30 Motion to Compel Arbitration and Dismiss Complaint 185
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.11.30
Excerpt: ...of Appeal, which affirmed the trial court's orders granting the employer's motion to compel individual arbitration of wage and hour claims and dismissing with prejudice the employee's representative claims and class claims under the Private Attorneys General Act. (PAGA), Lab. Code, § 2968 et seq., On 6/23/14, the CA Supreme Court reversed, finding that where an employment agreement compels the waiver of representative claims under the PAGA, it i...
2022.11.22 Motions to Dismiss, for Relief, to Consolidate, Demurrer 383
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.11.22
Excerpt: ... Regents, the County immediately filed the Request for Hearing the next day, on September 21, 2022. The Regents move to dismiss the CEQA claims based on this mistake, asserting that filing the Request for Hearing by the statutory deadline is a jurisdictional requirement, and that dismissal is mandatory. The County seeks relief from its failure to file a timely Request for Hearing, requesting an order amending the proceedings and treating the Requ...
2022.11.21 Motions to Compel Responses, for Terminating Sanctions 316
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.11.21
Excerpt: ...JOHN ELLIOTT TO REQUEST FOR PRODUCTION AND TERMINATING SANCTIONS The motions for special and form interrogatories are granted (the Court finds no previous motions to compel documents in the court file). The Court orders further monetary sanctions in the amount of $2,110.00 imposed against both Defendants and their attorney of record and strikes the Answers of Defendants Lisa Jewett and John Elliott. Defendants have engaged in extensive and willfu...
2022.11.21 Motion to Enforce Settlement Agreement 253
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.11.21
Excerpt: ...ty of the agreement. (Blix Street Records, Inc. v. Cassidy (2010) 191 Cal.App.4th 39, 48 [119 Cal.Rptr.3d 574].) The discrepancy here is whether or not the website www.mercercaverns.com including the domain name has been transferred to Plaintiff. Ms. DiBenedetto states in her declaration that the subject domain has been effectively transferred to Plaintiffs. (DiBenedetto Dec. ¶11) Mr. Rodriguez says, “It is disputed whether or not the defendan...
2022.11.21 Motion for Attorney Fees 945
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.11.21
Excerpt: ...npaid debt totaling well under the jurisdictional limit of $25,000 (First Amended Complaint ¶4) • Plaintiff recorded a lis pendens that stated an “alleged breach of contract and real property claims” and that an active lawsuit was pending when it was not • Plaintiff recorded the lis pendens without any “real property claim” • Plaintiff has produced no lien, mechanic's lien, or note attached to the property that would require such d...
2022.11.17 Motion to Set Aside Default, Judgment 985
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.11.17
Excerpt: ... sent to Defendant at this same Scotts Valley address; On 3/30/22 Defendant's default was entered; and on 4/6/22 a Default Judgment was entered against Defendant for $4834.59. On 7/15/22 a Notice of Entry of Judgment was served on Defendant by mail, sent to the same Scotts Valley address. LAW AND MOTION TENTATIVE RULINGS DATE: NOVEMBER 17, 2022 TIME: 8:30 A.M. 3 Defendant now moves to set aside the judgment under CCP§473, based on mistake, inadv...
2022.11.17 Demurrer to FAC 610
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.11.17
Excerpt: .... Code §56.20(c). Civ. Code §56.20(b) provides: (b) No employee shall be discriminated against in terms or conditions of employment due to that employee's refusal to sign an authorization under this part. However, nothing in this section shall prohibit an employer from taking such action as is necessary in the absence of medical information due to an employee's refusal to sign an authorization under this part. Plaintiff alleges that he was aske...
2022.11.14 Demurrer, Motion to Strike 499
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.11.14
Excerpt: ...fn. 9 [35 Cal.Rptr.3d 206].) Next as to Petitioner's objections to Respondents' affirmative defenses, “In recent years great changes have been wrought by the code in the rules for the construction of pleadings. For sufficiency of the facts pleaded, courts look to substance, not to form. The basic principle of the code procedure is that the administration of justice should not be embarrassed by technicalities, strict rules of construction, or us...
2022.11.10 Demurrer to Writ of Petition and Complaint 889
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.11.10
Excerpt: ...irst cause of action, brought under CCP §1085, concerning “notice requirements”. The demurrer to this cause of action is sustained based on uncertainty. Petitioner has not opposed the demurrer to the second cause of action, brought under CCP §1085 for alleged due process violations based on evidentiary decisions. Petitioner has failed to state a cause of action, as evidentiary decisions are discretionary, and mandamus relief is unavailable....
2022.11.10 Motion for Summary Adjudication 300
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.11.10
Excerpt: ...ive equity was added to the amount Plaintiff financed for the Tiguan. (UDMF#4.) The purchase price for the Volkswagen Tiguan was $51,830.64. The amount financed was $45,349.04. Plaintiff paid $6,800 in cash at the time, as well. It is not disputed this amount was paid but rather what the payment went towards. Plaintiffs argue it went towards the down payment on the Tiguan. Defendants contend this cash went toward off‐setting the negative equity...
2022.11.10 Motion for Attorney Fees 339
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.11.10
Excerpt: ...as “Notice of Entry of Order” and is dated 8/27/22. Plaintiffs fail to address this late filed proof in any declaration. Pursuant to California Rules of Court, Rule 8.108(c), a motion to vacate a judgment operates to extend the time to file a notice of appeal (and motions for attorneys' fees) to the earliest of: (1) 30 days after the court mails or a party serves an order denying the motion to vacate; (2) 90 days after the first notice of int...
2022.11.09 Demurrer 609
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.11.09
Excerpt: ... purpose of that restriction, and no specified “view protection.” There are several other restrictions listed in the deeds that appear to be unenforceable and/or antiquated (for example, “there shall never be constructed or maintained on said property any residence costing less than $1500.00; [...] that no building on said property shall remain unpainted or unstained for more than 30 days except as to the portions thereof covered by shingle...
2022.11.08 Demurrer to FAC 079
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.11.08
Excerpt: ...hich judicial notice has been taken. The court “construes the pleading in a reasonable manner and read the allegations in context. “Fremont Indemnity Co. v. Fremont General Corp., (2007) 148 Cal. App. 4th 97, 111. On a demurrer, a court's function is limited to testing the legal sufficiency of the complaint. “‘A demurrer is simply not the appropriate procedure for determining the truth of disputed facts.'” Id at 114 citing, Ramsden v. W...
2022.11.03 Motion to Compel Further Responses, for Monetary Sanctions 279
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.11.03
Excerpt: ...admission served with these interrogatories an unqualified admission? If not, for each response that is not an unqualified admission: (a) State the number of the request; (b) State all facts upon which you base your response; (c) State the names, ADDRESSES, and telephone numbers of all PERSONS who have knowledge of those facts; and (d) Identify all DOCUMENTS and other tangible things that support your response and state the name, ADDRESS, and tel...
2022.11.03 Motion for Leave to File FAC 129
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.11.03
Excerpt: ...gs various challenges to the validity of the allegations made in the proposed amended complaint. These are not a basis for denying leave to amend, given the strong judicial policy favoring amendment. Any grounds for a demurrer or a motion to strike can be raised after leave to amend has been granted. Weil & Brown, Civil Procedure Before Trial, Rutter Group, §§6;638, 6:644. While a sham amendment that contradicts an earlier pleading is a basis f...
2022.10.27 Motion to Compel Arbitration, Dismiss Representative Claims and Stay Action 391
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.10.27
Excerpt: ...ssue sought to be precluded from relitigation must be identical to that decided in a former proceeding. Second, this issue must have been actually litigated in the former proceeding. Third, it must have been necessarily decided in the former proceeding. Fourth, the decision in the former proceeding must be final and on the merits. Finally, the party against whom preclusion is sought must be the same as, or in privity with, the party to the former...
2022.10.27 Motion for Attorney Fees 339
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.10.27
Excerpt: ...alifornia Rules of Court, Rule 8.108(c), a motion to vacate a judgment operates to extend the time to file a notice of appeal (and motions for attorneys' fees) to the earliest of: (1) 30 days after the court mails or a party serves an order denying the motion to vacate; (2) 90 days after the first notice of intention to move or the motion is filed; or (3) 180 days after entry of judgment. (See also Rule of Court 3.1702(b)(1), time to file motion ...
2022.10.26 Demurrer, Motion for Judgment on the Pleadings 807
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.10.26
Excerpt: ...alleges private and public nuisances have been created by speeding drivers outside of his home on Glen Canyon Road. Plaintiff alleges “[d]efendants are the owners and/or drivers in possession and control of certain motor vehicles driven in the recent past on Glen Canyon Road in Santa Cruz County past Plaintiff's home at excessive speed and recklessness.” (Plaintiff's Complaint ¶2). The defendants have “caused highly dangerous conditions to...
2022.10.25 Motion to Strike Complaint 539
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.10.25
Excerpt: ...to make their claims for breach of contract and breach of the implied covenant of fair dealing based upon their status as an insured. As to punitive damages, Plaintiffs' allegations that CAFPA failed over a lengthy period of time to perform its duty to investigate and adjust the claim, willfuly ignored evidence, and that such conduct was ratified by a managing agent are sufficient to support a claim for punitive damages at the pleading stage. (Co...
2022.10.24 Motion for Prejudgment Interest and Tax Neutralization, to Stay Enforcement of Judgment 488
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.10.24
Excerpt: ...t of no other California authority on point. Further, Plaintiff is not entitled to statutory prejudgment interest since he failed to seek that relief from the jury (Civil Code §3288; Greater Westchester Homeowners Assn. v. City of Los Angeles (1979) 26 Cal.3d 86, 103) and failed to submit any CCP §998 offer and obtain a more favorable judgment (Civil Code §3291). Tax neutralization generally applies to cases in which several years of back wage...
2022.10.20 Motion to Enforce 710
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.10.20
Excerpt: ...ny information besides the individual account information for other non‐party consumers from the documents it has produced. If it hasn't and if the master purchase agreement and verification are served prior to or at the hearing, the motion to enforce court order as to RFP no. 3 will be denied. As to RFP no. 16, Plaintiff/Cross‐Defendant needs to identify the responsive documents it is producing responsive to the request, as required by Code ...
2022.10.20 Motion for Preliminary Injunction 609
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.10.20
Excerpt: ...tential–merits and interim‐harm factors, and the greater the showing on one, the less that must be shown on the other. Id. at §9:531. A court should only grant a preliminary injunction if the plaintiff shows a “reasonable probability” that it would prevail at trial and would suffer more harm from a denial than the defendant would suffer from its grant. Robbins v. Superior Court (1985) 38 Cal.3d 199, 205‐206. However, it is an abuse of ...
2022.10.19 Motion for Preliminary Approval of Class Action Settlement 783
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.10.19
Excerpt: ...oses of the underlying cause of action, to child advocacy programs, or to nonprofit organizations providing civil legal services to the indigent” (Code Civ. Proc., § 384 (b) or providing the name of an appropriate cy pres recipient. (If a proposed settlement does not expressly provide that fund not claimed by the class are retained by, or revert to, the defendant, Code of Civil Procedure section 384 requires payment of the residue to a cy pres...
2022.10.18 Motion for Change of Venue, for Summary Judgment 844
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.10.18
Excerpt: ... Civil Procedure section 397 motion is not specified; however, a motion for change of venue based on convenience of witnesses must be made within a reasonable time after the answer is filed. What constitutes “reasonable time” lies primarily in the trial court's discretion. Weil & Brown, Civil Procedure Before Trial (the Rutter Group 2021) at section 3:559.5, citing Cooney v Cooney (1944) 25 Cal.2d 202, 208. “... [A] ‘reasonable time' depe...
2022.10.17 Motion to Enforce Partition Order, for Appointment of Broker, for Reconsideration Denying Prohibitory Injunction 024
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.10.17
Excerpt: ...his motion is granted. The Court's 7/22/22 Judgment states: “Based upon the initial two causes of action [breach of contract and breach of covenant of good faith and fair dealing], and the evidence presented, the Court will find in favor of the Defendant.” (Judgment, 5:8‐10) “This Court finds in favor of the Plaintiffs as to the Partition Cause of Action. Partition by Sale will be ordered. All parties will comply with their relative respo...
2022.10.17 Demurrer, Motion to Strike, Special Motion to Strike 754
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.10.17
Excerpt: ...ation of his or her rights or duties with respect to another ... may, in cases of actual controversy relating to the legal rights and duties of the respective parties, bring an original action or cross‐complaint in the superior court for a declaration of his or her rights and duties ..." "The fundamental basis of declaratory relief is the existence of an actual, present controversy over a proper subject." Otay Land Co. v. Royal Indemnity Co. (2...
2022.10.11 Motion for New Trial 029
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.10.11
Excerpt: ... the court or abuse of discretion by which either party was prevented from having a fair trial. 2. Misconduct of the jury; and whenever any one or more of the jurors have been induced to assent to any general or special verdict, or to a finding on any question submitted to them by the court, by a resort to the determination of chance, such misconduct may be proved by the affidavit of any one of the jurors. 3. Accident or surprise, which ordinary ...
2022.10.07 Motion to Set Aside Default Judgment 741
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.10.07
Excerpt: ... it never intended...When a default judgment has been obtained, equitable relief may be given only in exceptional circumstances. ..." To set aside a judgment based upon extrinsic mistake one must satisfy three elements. First, the defaulted party must demonstrate that it has a meritorious case. Second, the party seeking to set aside the default must articulate a satisfactory excuse for not presenting a defense to the original action. Last, the mo...
2022.10.06 Motion to Compel Further Answers to Discovery 342
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.10.06
Excerpt: ...incident. Plaintiff's initial response to both interrogatories was “unknown”. His amended response stated “not relevant or likely to lead to the discovery of admissible evidence because Plaintiff is not seeking past medical expenses as a component of his damages”. Defendant argues that since Plaintiff has not abandoned any claim for the costs of future care and medications, the amount he incurred in the past is probative of the amount he ...
2022.10.06 Motion for Sanctions 004
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.10.06
Excerpt: ...t 5, and waiting beyond the 21 day safe harbor period to file the motion, on August 29, 2022. The Court further finds that Mr. Lindow's Motion for Return of Property violated §128.7(b)(1)‐(3), in that the allegations and factual contentions therein were without evidentiary support, and were in fact demonstrably false based on the April 17, 2017 transcript of the hearing before Judge Almquist in the Tabatabai's divorce proceedings; the legal co...
2022.10.06 Motion for Leave to File FAC 844
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.10.06
Excerpt: ...that an additional change Plaintiff seeks to make is the addition of “Breach of Contract” as to the CSAA and CEA Defendants under the Second Cause of Action heading. Plaintiff states she seeks to add an intentional infliction of emotional distress claims, based on facts already pleaded.” (Plaintiff's P&A's at p.3.) Plaintiff's counsel states “[a]fter reviewing Defendants' most recent motion for summary judgment and critically re‐analyzi...
2022.10.04 Demurrer 107
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.10.04
Excerpt: ...e has done. It is improper to plead the evidence by which he plans to prove the ultimate facts, as Defendants seem to argue; and had Plaintiff done so that evidentiary matter would be subject to a motion to strike as “surplusage”. Weil & Brown, California Procedure Before Trial §6:127. The Demurrer itself does not comply with CRC 3.1320 (a), which requires that a demurrer state whether the ground asserted is to the entire pleading or to some...
2022.10.04 Motion for Summary Judgment, Adjudication 713
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.10.04
Excerpt: ...tends are disputed. Each material fact contended by the opposing party to be disputed shall be followed by a reference to the supporting evidence. Failure to comply with this requirement of a separate statement may constitute a sufficient ground, in the court's discretion, for granting the motion. (c) The motion for summary judgment shall be granted if all the papers submitted show that there is no triable issue as to any material fact and that t...
2022.10.04 Motions for Reconsideration, Renewed Motions, and Motions for Relief from Default 585
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.10.04
Excerpt: ... only on the following conditions: (1) motion must be based on new or different facts, circumstances or law; and (2) the motion must be supported by a declaration showing ...what new or different facts or circumstances or law are claimed to exist.” Weil & Brown Civil Procedure Before Trial (the Rutter Group 2021) at §9:337; Code of Civil Procedure section 1008(b). In a personal injury or wrongful death case, the Code of Civil Procedure section...
2022.09.30 Petition for Writ of Mandate 022
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.09.30
Excerpt: ... and issuing the Notice of Determination. These combined actions are referred to herein as the “SHW Approvals”. The challenged SHW Approvals followed this Court's issuance of a writ in East Meadow Action Committee v Regents (19CV01312‐‐EMAC) directing the University to set aside its 2019 approvals of the SHW Project based on a finding that violations of CEQA had occurred in the 2019 approval process. Specifically, this Court found that th...
2022.09.30 Motion for Judgment on the Pleadings 060
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.09.30
Excerpt: ...from a combination of Defendants' failures to provide decedent with adequate services to meet his basic medical needs, resulting in pain, suffering, a COVID‐19 infection, and ultimately death. (Complaint ¶10, 17‐19, 23‐27, 32‐33, 46‐52, 56.) The PREP Act immunizes "Covered Persons," "Program Planners," and "Qualified Persons" who affirmatively administer a covered countermeasure. Here, Plaintiffs' Complaint alleges that it was, in fact...
2022.09.30 Demurrer 567
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.09.30
Excerpt: ...at SIBANNIC had “applied for federal registrations for the mark” but SIBANNIC can't ignore the remainder of QLORA'S allegations in order to win at demurrer. The FACC and Ex. B clearly establish that QLORA entered into the agreement with an understanding that SIBANNIC could actually deliver a registered mark to them for exclusive use in California, yet SIBANNIC failed to have such a mark. (FACC ¶¶ 7‐67) SIBANNIC also argues that there was ...
2022.09.29 Special Motion to Strike FAC 970
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.09.29
Excerpt: ...h in connection with a public issue.” Where a cause of action is “mixed,” and is based on both protected and non‐ protected activity, the entire cause of action may be stricken under §425.16 if the principal thrust or gravamen of the claim is protected activity. If the court determines that the defendant has made this threshold showing, the burden shifts to plaintiff to demonstrate a probability of prevailing on the claim, by showing tha...
2022.09.28 Motion to Quash Deposition Subpoena and for Protective Order 025
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.09.28
Excerpt: ...on 216 of the Public Utilities Code, shall not be valid or effective unless it includes a consent to release, signed by the consumer whose records are requested, as required by Section 2891 of the Public Utilities Code. Cal Pub Util Code § 216 “Public utility” (a) (1) “Public utility” includes every ... telephone corporation... Cal Pub Util Code § 2891 Telephone and telegraph customer privacy; Consent to release of information a) No tel...
2022.09.26 Motion to Vacate Judgment of Dismissal 022
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.09.26
Excerpt: ...ths, after the judgment, dismissal, order, or proceeding was taken... Notwithstanding any other requirements of this section, the court shall, whenever an application for relief is made no more than six months after entry of judgment, is in proper form, and is accompanied by an attorney's sworn affidavit attesting to his or her mistake, inadvertence, surprise, or neglect, vacate any (2) resulting default judgment or dismissal entered against his ...
2022.09.21 Motion for Cost of Proof Sanctions, for Prejudgment Interest 138
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.09.21
Excerpt: ... of that matter, the party requesting the admission may move the court for an order requiring the party to whom the request was directed to pay the reasonable expenses incurred in making that proof, including reasonable attorney's fees. (b) The court shall make this order unless it finds any of the following: (1) An objection to the request was sustained or a response to it was waived under Section 2033.290. (2) The admission sought was of no sub...
2022.09.20 Motion for Leave to Withdraw or Amend Admissions 278
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.09.20
Excerpt: ... admission to be withdrawn or amended. Weil & Brown Civil Procedure Before Trial (the Rutter Group, 2021) citing Code of Civil Procedure section 2033.300(b). “Relief under Code of Civil Procedure Section 2033.300 is available for all admissions, and thus permits withdrawal or amendment of admissions deemed admitted for failure to respond as well as of admissions contained in an actual response.” 3 California Deposition and Discovery Practice ...
2022.09.15 Motion to Allow Filing of Supplemental Complaint, Application for Right to Attach, Writs of Attachment 964
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.09.15
Excerpt: ...n for order allowing filing of supplemental complaint filed 5/16/22 and Walter Dec. filed 5/16/22, Ex. 1 ¶ 20) Cal Code Civ Proc § 464 Supplemental complaint and answer (a) The plaintiff and defendant, respectively, may be allowed, on motion, to make a supplemental complaint or answer, alleging facts material to the case occurring after the former complaint or answer. “As a general rule, the right to file a supplemental complaint can be exerc...
2022.09.14 Demurrer to SAC 290
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.09.14
Excerpt: ... grievance form. • While Garcia was giving a “group chat” to employees by telephone, another employee texted a slur about Garcia (“shut up gay ass bitch”); Garcia then called Plaintiff, showed disinterest in talking to the person who actually sent the text, and “basically told him he was fired”. Plaintiff told Garcia that he was going to file a grievance, but was fired before he could do so. • Garcia “hated” Plaintiff because ...
2022.09.13 Motion for Contempt 165
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.09.13
Excerpt: ...mmediate view and presence of the court, or of the judge at chambers, an affidavit shall be presented to the court or judge of the facts constituting the contempt, or a statement of the facts by the referees or arbitrators, or other judicial officers. A valid order and judgment of indirect contempt must cover the following elements: the issuance of an order, the contemnor's knowledge of the order, the contemnor's ability to obey it, LAW AND MOTIO...
2022.09.13 Motion for Reconsideration 275
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.09.13
Excerpt: ...ny notice of contesting the 6/6/22 tentative ruling; (3) Even if Defendant knew of the 6/23/22 hearing, it would not have appeared because Plaintiff failed to provide any notice of contesting the tentative ruling; and (4) Plaintiff's underlying motion failed to contain any new facts or law. The legislative intent behind CCP § 1008 was to restrict motions for reconsideration to circumstances where a party offers the court some fact or circumstanc...
2022.09.13 Motion to Continue Trial, Compel Responses, Compel Deposition 603
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.09.13
Excerpt: ...te, but no new fact discovery may be propounded. Any fact discovery already propounded but not complete (such as PMQ depositions) can proceed up to and including 30 days prior to the new trial date. Motions to compel related to discovery responses propounded on 9/6/22 shall be filed no later than 45 days from the verification date. MOTION TO COMPEL RESPONSES TO SUPPLEMENTAL WRITTEN DISCOVERY Plaintiffs' motion to compel is moot based on Defendant...
2022.09.12 Petition to Compel Arbitration 531
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.09.12
Excerpt: ...ial court decides whether there is an agreement to arbitrate between the parties, and whether the agreement covered the dispute at issue. Omar v. Ralphs Grocery Co. (2004) 118 Cal.App.4th 955, 960. If Defendants meet their burden of proving the existence of a valid arbitration agreement by a preponderance of the evidence, the burden then shifts to Plaintiff: “a party opposing the petition bears the burden of proving by a preponderance of the ev...
2022.09.12 Motion for Determination of Good Faith Settlement 406
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.09.12
Excerpt: ...tain, a disproportionately low settlement figure is often reasonable in the case of a relatively insolvent, and uninsured, or underinsured, joint tortfeasor. The intent and policies underlying section 877.6 require that a number of factors be taken into account including a rough approximation of plaintiffs' total recovery and the settlor's proportionate liability, the amount paid in settlement, the allocation of settlement proceeds among plaintif...
2022.09.06 Motion for Leave to Withdraw or Amend Admissions, for Summary Judgment, Adjudication 278
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.09.06
Excerpt: ...allowing the admission to be withdrawn or amended. Weil & Brown Civil Procedure Before Trial (the Rutter Group, 2021) citing Code of Civil Procedure section 2033.300(b). “Relief under Code of Civil Procedure Section 2033.300 is available for all admissions, and thus permits withdrawal or amendment of admissions deemed admitted for failure to respond as well as of admissions contained in an actual response.” 3 California Deposition and Discove...
2022.08.31 Motion for Summary Judgment, Adjudication 152
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.08.31
Excerpt: ...M. 2 Regents to file a formal disqualification motion. The City did so, and Judge Marigonda agreed to recuse himself pursuant to CCP §§170.3(c)(3) and 170.1(6)(A)(iii). The Regents have moved to set aside the tentative ruling issued by Judge Marigonda. That motion is granted. This Court has undertaken an independent review of the entire file, including the supplemental briefing filed by the parties pursuant to stipulation. However, based upon i...
2022.08.29 Motions for Summary Judgment 301
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.08.29
Excerpt: ...tory traffic controls, and design immunity. Design immunity, if established at summary judgment, is a complete bar to liability. Here, City cannot establish design immunity's second element. Triable issue as to design immunity: To establish design immunity, City must show (1) the plaintiff's injuries were caused by a feature in the plan or design, (2) that the design was approved before construction by the appropriate legislative body or entity/p...
2022.08.29 Motion for Judgment on the Pleadings 004
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.08.29
Excerpt: ...ily law court. The only remaining debt to Maleksalehi is the interest on the loan to Enabledware, a community asset which the family law court has assigned to Tabatabai. This interest is a community debt, and the business valuations and the equalization/distribution of community assets and debts of Tabatabai and Turner are issues that have been reserved by the family law court for final determination, and have yet to be decided. The Court does no...
2022.08.24 Motion for Costs of Proof Sanctions, for Prejudgment Interest 138
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.08.24
Excerpt: ...Civil Procedure section 2033.420.” Weil & Brown Civil Procedure Before Trial (the Rutter Group) § 8:1405, citing Garcia v. Hyster Co. (1994) 28 Cal.App. 4th 724, 736; Wimberly v. Derby Cycle Corp., (1997) 56 Cal.App. 4th 618, 638. After reviewing the timeslips attached to Mr. Redenbacher's Declaration in Exhibit 1, the Court found a significant portion of the fees requested occurred before the request for admissions were denied by the Defendan...
2022.08.23 Motion for Summary Adjudication 612
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.08.23
Excerpt: ...of the declaratory relief cause of action in his Cross‐complaint filed on August 5, 2019. (See UMF 5, 6]. The motion is denied. The motion is procedurally defective The motion is procedurally defective, as (1) Browne filed an Amended Cross‐complaint on April 5, 2022 which superseded the original cross‐complaint—so the motion is not directed to the operative pleading; (2) Browne's motion seeks a judicial declaration which differs from the ...
2022.08.23 Motion for Attorney Fees 767
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.08.23
Excerpt: ...f the SLVUSD, and as the author of Argument. Petitioner now seeks his attorney's fees against George Wylie under the private attorney general statute (CCP §1021.5). CCP § 1021.5 allows the Court to award or deny fees, in its discretion, in cases in which the prevailing party has not obtained a monetary recovery, if (1) the action has resulted in enforcement of an important right affecting the public interest; (2) a significant benefit, whether ...
2022.08.22 Motion to Strike Allegations for Punitive Damages 968
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.08.22
Excerpt: ...W AND MOTION TENTATIVE RULINGS DATE: August 22, 2022 TIME: 8:30 A.M. 2 (a) In an action for the breach of an obligation not arising from contract, where it is proven by clear and convincing evidence that the defendant has been guilty of oppression, fraud, or malice, the plaintiff, in addition to the actual damages, may recover damages for the sake of example and by way of punishing the defendant. (c) As used in this section, the following definit...
2022.08.18 Motion for Attorney Fees 767
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.08.18
Excerpt: ...f the SLVUSD, and as the author of Argument. Petitioner now seeks his attorney's fees against George Wylie under the private attorney general statute (CCP §1021.5). CCP § 1021.5 allows the Court to award or deny fees, in its discretion, in cases in which the prevailing party has not obtained a monetary recovery, if (1) the action has resulted in enforcement of an important right affecting the public interest; (2) a significant benefit, whether ...
2022.08.16 Petition to Compel Arbitration 098
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.08.16
Excerpt: ...dmission (which there is not), “the law in this state is clear that senile dementia does not render one incapable of executing contracts or transacting business.” Holman v. Stockton Savings & Loan Bank (1942) 49 Cal.App.2d 500, 508. Further, the legislature has delegated the authority to consent to arbitrate to the patient and their heirs without violating the state constitutional right to a jury trial. Ruiz v. Podolsky (2010) 50 Cal.4th 838,...
2022.08.12 Motion for Attorney Fees 165
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.08.12
Excerpt: ...elief obtained by the prevailing party in relation to the hours reasonably expended on the litigation and whether the expenditure of counsel's time was reasonable in relation to the success achieved. Although Hensley v. Eckerhart (1983) 461 U.S. 424, 429 [76 L. Ed. 2d 40, 103 S. Ct. 1933] interpreted the federal civil rights statute, the court's approach is consistent with the policies underlying the anti‐SLAPP statute. The fee‐shifting provi...
2022.08.11 Motion to Stay Involuntary Dissolution of Corporation and Appointing Appraisers 183
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.08.11
Excerpt: ...appraisers. Plaintiffs' 3rd c/a is for involuntary dissolution of the corporation pursuant to Corporations Code § 1800(b)(2)(4) – any shareholder in a closely held corporation (35 shareholders or less) may bring a dissolution action when those in control of the business have engaged in persistent and pervasive mismanagement, fraud or abuse of authority. It appears Plaintiffs are entitled to bring a claim for dissolution as the shareholders of ...
2022.08.11 Motion to Compel Deposition 735
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.08.11
Excerpt: ...oc § 2025.450 Failure to comply with deposition notice; Motion for order compelling compliance; Requirements: (a) If, after service of a deposition notice, a party to the action or an officer, director, managing agent, or employee of a party, or a person designated by an organization that is a party under Section 2025.230, without having served a valid objection under Section 2025.410, fails to appear for examination, or to proceed with it, or t...
2022.08.11 Motion for Summary Judgment 153
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.08.11
Excerpt: ...vette doctrine, set forth in Hooker v Department of Transportation (2002) 27 CA4th 198), applied. LAW AND MOTION TENTATIVE RULINGS DATE: AUGUST 11, 2022 TIME: 8:30 A.M. 6 A renewed motion may only be brought on “newly discovered facts or circumstances or a change of law supporting the issues reasserted in the summary judgment motion”. CalTrans does not present any new facts or circumstances. It requests judicial notice of the same evidence as...
2022.08.11 Motion for Attorney Fees 313
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.08.11
Excerpt: ...ts are entitled to recover on the claims on which they prevailed upon a proper application by Cross‐Defendants. This ruling is consistent with Mann v Quality Old Time Service, Inc. (2006) 139 Cal, App. 4th328, which holds that a partially prevailing party on an anti‐Slapp motion is not necessarily entitled to all incurred fees, even where the work on the successful and unsuccessful claims was overlapping. Mann instructs the court to consider ...
2022.08.10 Demurrer to SAC 290
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.08.10
Excerpt: ...orm. • While Garcia was giving a “group chat” to employees by telephone, another employee texted a slur about Garcia (“shut up gay ass bitch”); Garcia then called Plaintiff, showed LAW AND MOTION TENTATIVE RULINGS DATE: AUGUST 10, 2022 TIME: 8:30 A.M. 3 disinterest in talking to the person who actually sent the text, and “basically told him he was fired”. Plaintiff told Garcia that he was going to file a grievance, but was fired bef...
2022.08.09 Motion to Compel Further Responses and Inspection Request for Firmware 824
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.08.09
Excerpt: ...use for the number of interrogatories, despite the good cause statement that accompanied them. It also objects that the request is cumulative of other document requests which Defendant responded to and are not the subject of this motion. Defendant also relies on a trade secret objection and others (vague, ambiguous). Defendant identified 22 produced documents as a response to the interrogatories, and that it is willing to further meet and confer....
2022.08.08 Motion to Quash or Reconsider 710
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.08.08
Excerpt: ...party, set aside any void judgment or order. Cal Code Civ Proc § 1008 Subsequent application LAW AND MOTION TENTATIVE RULINGS DATE: August 8, 2022 TIME: 8:30 A.M. 3 (a) When an application for an order has been made to a judge, or to a court, and refused in whole or in part, or granted, or granted conditionally, or on terms, any party affected by the order may, within 10 days after service upon the party of written notice of entry of the order a...
2022.08.05 Demurrer to TAC 149
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.08.05
Excerpt: ...ese Defendants. The demurrer is overruled. The TAC sufficiently alleges that these Defendants are subject to the CMIA Plaintiff alleges that Forbes, Hill and Perko were “a provider of health care and/or an authorized recipient of personal and confidential medical information as defined in the CMIA.”; that Forbes and Hill have admitted in their responses to requests for admission that they are a “licensed health care professional”; and tha...
2022.08.02 Motion for Reconsideration, for New Trial, for Attorney Fees 856
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.08.02
Excerpt: ...t that made the order, to reconsider the matter and modify, amend, or revoke the prior order. The party making the application shall state by affidavit what application was made before, when and to what judge, what order or decisions were made, and what new or different facts, circumstances, or law are claimed to be shown. (e) This section specifies the court's jurisdiction with regard to applications for reconsideration of its orders and renewal...
2022.08.02 Demurrer 610
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.08.02
Excerpt: ...iles containing medical information, and security systems restricting access to files containing medical information. (b) No employee shall be discriminated against in terms or conditions of employment due to that employee's refusal to sign an authorization under this part. However, nothing in this section shall prohibit an employer from taking such action as is necessary in the absence of medical information due to an employee's refusal to sign ...
2022.07.29 Petition for Writ of Mandate 209
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.07.29
Excerpt: ...plainant”), despite undisputed facts that during the same encounter they engaged in other consensual sex acts with each other. The parties met at Doe's house on June 16, 2020, where he cooked her dinner, they drank wine, and had at least two separate sexual encounters. (AR 18‐20, 51, 1138) It is undisputed that complainant communicated and Doe understood she did not want to have sexual intercourse with him. (AR 1073, 1160) During one of their...
2022.07.28 Motion to Vacate and Set Aside Judgment 339
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.07.28
Excerpt: ...0 ft right of way that crosses Parcel C and Defendants' Parcel A, and terminates at the property line of Plaintiffs' Parcel B,” but the court did not rule, as stated in Plaintiff's Judgment, that the Plaintiffs possess “a 40 foot right of way for road and utility purposes as shown upon” the 1977 Map attached to the Judgment as Exhibit A”. (MPA pg.4:16‐22) However, the Notice of entry of order filed 2/28/22 states, “Plaintiffs have est...
2022.07.25 Demurrer 747
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.07.25
Excerpt: ...ed on different legal theories, and have different elements. In the second cause of action Plaintiff is alleging liability based on Plaintiff's specific request to Defendants for “adequate and full coverage,” and Defendants' promise to perform an inspection, presumably to assure that coverage was “adequate and full.” (See Desai v Farmers Insurance Exchange (1996) 47 Cal.App.4 th 1110, 1119‐1120; CACI 2361. In the third cause of action P...
2022.07.22 Motion to Seal Complaint 311
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.07.22
Excerpt: ...e not sealed. (4) The proposed sealing is narrowly tailored; and (5) No less restrictive means exist to achieve the overriding interest. The facts supporting these findings are as follows: Plaintiff, through her declaration, has shown good cause exists to seal the complaint. The nature of the complaint involves personal, private, and painful matters which occurred when she was a minor. Defendant has not responded to the complaint, which is viewab...
2022.07.21 Demurrer to SAC 454
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.07.21
Excerpt: ...].) A public entity is not liable for an injury arising out of an act or omission of the public entity or its employees except as provided by statute. (Gov. Code, § 815, subd. (a).) (Cerna v. City of Oakland (2008) 161 Cal.App.4th 1340, 1346‐1347 [75 Cal.Rptr.3d 168].) Cal Gov Code § 830 Dangerous condition; Property of a public entity: As used in this chapter: (a) “Dangerous condition” means a condition of property that creates a substan...
2022.07.19 Motion for Preliminary Injunction 380
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.07.19
Excerpt: ...portion of Defendants' property. Plaintiffs seek a further order requiring Defendants to remove a locked bollard and sawhorse they installed at the entrance to the secondary driveway easement. The burden of proof is on the moving party to show the elements necessary to support the issuance of a preliminary injunction. Weil & Brown, Civil Procedure Before Trial, §9:632.1. These elements are (1) a reasonable probability of success on the merits; a...
2022.07.15 Motion for Settlement Credit 488
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.07.15
Excerpt: ...t included SCCS's stipulation to certain facts, including that, in the absence of inaccurate and incomplete information from Keenan & Associates (Keenan), SCCS would not have placed Plaintiff on the 39 month rehire list and would instead have immediately reinstated Plaintiff. LAW AND MOTION TENTATIVE RULINGS DATE: July 18, 2022 TIME: 8:30 A.M. 2 Plaintiff proceeded to trial against Keenan. The jury found Keenan liable for intentional torts and aw...
2022.07.14 Motion to Amend Answer 844
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.07.14
Excerpt: ...e stated generally that the cause of action is barred by the provisions of section (giving the number of the section and subdivision thereof, if it is so divided, relied upon) of the Code of Civil Procedure; and if such allegation be controverted, the party pleading must establish, on the trial, the facts showing that the cause of action is so barred. The defense of the statute of limitations is not waived, if it was "pleaded or presented to the ...
2022.07.14 Motion for Summary Judgment, Adjudication 004
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.07.14
Excerpt: ...he $82,000 line of credit was secured against his property located at 362 Pike Road Ben Lomond, CA. (Dec.of Noce ¶¶2‐3) Mr. Noce lost the property through foreclosure in May of 2011. (Dec. of Noce ¶4) Pursuant to the terms of the line of credit, Noce was required to make monthly payments on the HELOC. (Dec. of Noce ¶6) Noce stopped making monthly payments on the HELOC. He believed the foreclosure extinguished any outstanding debt. (Dec. of ...
2022.07.11 Motion to Transfer Venue 184
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.07.11
Excerpt: ...2013) 215 Cal.App.4th 309, 313‐314 [154 Cal.Rptr.3d 907].) Defendants assert that “all of the entity Pro Farms Defendants are unincorporated associations...as they are all LLC's”, (Reply pg. 5:18, Crummer Dec. filed 6/3/22 ¶¶ 2,4, RJN pg. 2:21) and that in a breach of contract action, pursuant to CA CCP §§ 395.2 and 395.5, venue is proper where the contract is made or is to be performed. (MPA pg. 11:4‐13) Cal Code Civ Proc § 395.2 Ve...
2022.07.11 Motion to Compel Arbitration of Individual Claims, to Dismiss Class Claims 962
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.07.11
Excerpt: ...ations and other documentary evidence, as well as any oral testimony the court LAW AND MOTION TENTATIVE RULINGS DATE: July 11, 2022 TIME: 8:30 A.M. 6 may receive at its discretion, to reach a final determination. Ruiz v Moss Bros. Auto Group, Inc. (2014) 232 Cal. App. 4th 836, 842. The party seeking arbitration has the burden of proving the existence of a valid arbitration agreement by a preponderance of the evidence. If challenged, the petitione...
2022.07.01 Motion for Reconsideration 362
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.07.01
Excerpt: ...de the order, to reconsider the matter. Here, the Notice of Entry of Judgment filed 5/5/22 was served by mail on Plaintiffs on 5/5/22. Adding 5 days for service by mail (CCP § 1013), the motion for reconsideration was due filed on 5/20/22. Plaintiffs filed a “notice of intent to file a motion for reconsideration” on 5/20/22 but did not file the motion for reconsideration until 6/13/22 and provide no authority to support the position that a n...
2022.06.30 Motion for Summary Judgment 020
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.06.30
Excerpt: ...th 675, 682‐683, because (a) Plaintiff has no evidence of a special relationship between himself and these Defendants which would give rise to a legal duty to protect against third party conduct: and (b) Defendants did not have any prior knowledge that the dog that bit Plaintiff had any dangerous propensities; and (2) the strict liability cause of action, which is brought under Civ. Code §3342, has no merit, because strict liability under this...
2022.06.29 Demurrer 913
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.06.29
Excerpt: ...GS DATE: June 29, 2022 TIME: 8:30 A.M. 2 the deed of trust (DOT) name SDC as an additional insured/loss payee. SDC fails to seek judicial notice of the DOT and it is not an exhibit to the 6AC. In its reply, SDC submits Plaintiff's unverified admissions that the insurance required SDC to be named as an additional insured and the policy did not. For purposes of this demurrer, unverified admissions are unpersuasive. Regarding Plaintiff's 7th cause o...
2022.06.27 Petition for Writ of Mandate 448
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.06.27
Excerpt: ... policy: discrimination; sexual harassment; supervisor responsibilities; ethics; relationships; performance; and conduct. City alleged and was successful in demonstrating to the City Council that Ball violated these city policies when he sexually harassed a subordinate and retaliated against her. Petitioner's writ is denied. As discussed below, the weight of the evidence supports findings that Petitioner engaged in conduct that violated the City'...
2022.06.24 Motion to Set Aside Judgment 197
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.06.24
Excerpt: ... not apply. In limited civil cases, in addition to extrinsic fraud or mistake, the Court's equitable powers to vacate judgments are extended to include inadvertence or excusable neglect. (CCP § 86(b)(3); Cal Practice Guide, (TRG 2021) Civil Procedure Before Trial, § 5:435‐438.) The evidence before the Court is that Defendant relied upon an unidentified third‐party financial institution to help him, and that he was working with Discover and ...
2022.06.24 Motion for Protective Order 562
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.06.24
Excerpt: ...'s and high level executives established that they had essentially zero involvement or knowledge in particular cases (except in some instances to be cc'd on letters or authoring memos related to systems or prototypes). Liberty, 10 Cal.App.4th at 1288‐1289. This case is different. Here, VPX's CEO signed the exclusive distribution agreement with Plaintiff's competitor and was identified by the PMK as the final decision maker with legal as to buy ...
2022.06.22 Motion to Quash Deposition Subpoena and for Protective Order 025
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.06.22
Excerpt: ...damental to personal autonomy must be supported by a compelling interest. (Williams v. Superior Court (2017) 3 Cal.5th 531, 557 [220 Cal.Rptr.3d 472, 398 P.3d 69].) Thinh's objections are based upon his right to privacy in these financial records. CCP § 1985.3. Thinh claims that if the records are produced, Tran will know the financial institution that originated the wire transfers and further fabricate and fact‐fit his case against Thinh. (P&...
2022.06.22 Motion for Judgment on the Pleadings 041
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.06.22
Excerpt: ...iff‐borrower's negligence claim against a junior lender for allegedly failing to timely respond to the borrower's application to modify a second position deed of trust, resulting in the sale of the loan and foreclosure while the application was still pending. The court affirmed the general rule, stated in Nymark v. Heart Fed. Savings & Loan Assn. (1991) 231 Cal.App.3d 1089 (Nymark), that financial institutions owe no duty of care to a borrower ...
2022.06.17 Motion for Summary Judgment, Adjudication 909
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.06.17
Excerpt: ...violently and unexpectedly nosedive and slam into the pavement. Plaintiffs assert nine causes of action against FM, and a tenth claim/prayer for punitive damages. The first five causes of action are predicated on Plaintiffs' defective product claim [negligence, negligence per se; strict liability; failure to warn; and negligent design], and are referred to herein as the “negligence/product liability” causes of action. The 7th through 9th caus...
2022.06.15 Demurrer 269
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.06.15
Excerpt: ...until June 1, 2020 to perform. Plaintiffs allege that the reasons given for the cancellation were a pretext; and that on that same date (May 31, 2020) Defendants entered into a contract to sell the property to the Rodriguez Defendants for a higher price. Plaintiffs' Fourth Amended Complaint alleges that have Plaintiffs timely performed all of their obligations under the PSA; and alternatively, that to the extent there was a failure to timely prov...
2022.06.14 Motion to Compel Discovery and Monetary Sanctions 353
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.06.14
Excerpt: ...REQUEST FOR PRODUCTION OF DOCUMENTS (“RFP”): RFP 2: This request seeks all documents related to or evidencing the account on which Plaintiff's claim is based. Plaintiff's amended response identifies bates nos. 1‐69 and then states “Velocity is producing all documents in its possession, custody and control that are responsive to this request.” While this response is not verbatim from the code, it does appear to identify that documents 1...
2022.06.13 Special Motion to Strike SAC 165
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.06.13
Excerpt: ...he act underlying the plaintiff's cause fits one of the categories spelled out in section 425.16, subdivision (e)" If the court finds that such a showing has been made, it must then determine whether the plaintiff has demonstrated a probability of prevailing on the claim. (Navellier v. Sletten (2002) 29 Cal.4th 82, 88) The inquiry under the catchall provision calling for a two‐part analysis is rooted in the statute's purpose and internal logic....
2022.06.13 Motion for Summary Judgment, Adjudication 152
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.06.13
Excerpt: ... following judicial declarations: 1. The 1962 and 1965 Agreements require the City to provide water service throughout the campus “as may be necessary to provide for campus development” via a system that is “at all times capable of supplying to the University water up to 2,000,000 gallons in twenty‐four hours for fire flow and ordinary use.”. 2. The City's performance of its obligations under the 1962 and 1965 Agreements are not excused...
2022.06.10 Demurrer to SAC 959
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.06.10
Excerpt: ... with more detail than other causes of action. Heritage Pac. Fin., LLC v. Monroy (2013) 215 Cal.App.4th 972, 989. “To assert a cause of action for fraud against a corporation, a plaintiff must allege the name of the person who allegedly made the fraudulent representation, his or her authority to speak, to whom he or she spoke, what was said and when it was said. General or conclusory allegations will not suffice to plead a cause of action for f...
2022.06.09 Demurrer, Motion to Strike FAC 187
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.06.09
Excerpt: ...f must plead facts showing the defendant's misrepresentation (or omission that the defendant had a duty to disclose), the defendant's knowledge of falsity, the defendant's intent to defraud (i.e., to induce the plaintiff's reliance on the misrepresentation), the plaintiff's justifiable reliance, and the resulting damage. Kalnoki v. First Am. Trustee Servicing Solutions, LLC (2017) 8 Cal.App.5th 23, 25. “Every element of the cause of action for ...

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