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200 Results

Location: Santa Cruz x
2020.08.10 Motion to Enforce Settlement 053
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2020.08.10
Excerpt: ...4.5 ft. gap between the parties' respective properties. Defendants are ordered to remove the new fence and the addition to the wood pile that extends it further into the 40 ft right of way than the “Wood Pile” that existed at the time of the Settlement Agreement; to pay Plaintiffs $2000 in damages for the removal of the three holly trees; and to pay Plaintiffs their attorney's fees and costs in the amount of $11,933, pursuant to the attorneys...
2020.08.04 Motion for Summary Judgment, Adjudication 251
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2020.08.04
Excerpt: ...in the court's discretion constitute a sufficient ground for denying the motion. Cal Rules of Court, Rule 3.1350 Motion for summary judgment or summary adjudication: (d) Separate statement in support of motion (1) The Separate Statement of Undisputed Material Facts in support of a motion must separately identify: (A) Each cause of action, claim for damages, issue of duty, or affirmative defense that is the subject of the motion. Here, Defendant's...
2020.07.30 Petition for Writ of Mandate 673
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2020.07.30
Excerpt: ... and fence on their easement; (2) require Petitioners to either remove the gate and fence or apply for a Coastal Development Permit (CDP); and (3) impose civil penalties if Plaintiffs refuse to remove the gate and fence to allow public access to Twin Lakes State Beach. Petitioners seek a writ of mandate directing the County and the Coastal Commission to (1) withdraw demands for the retraction of their LAW AND MOTION TENTATIVE RULINGS DATE: July 3...
2020.07.30 Demurrer 208
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2020.07.30
Excerpt: ...ur large joint venture projects. Plaintiffs allege that Defendants misrepresented that the “reasonably possible additional costs” of these projects were at most $47 million for 2018; and that Defendants made additional misleading statements as to its “economic outlook in general”, its “exceptional management of risks”, and other expressions of corporate optimism. Plaintiffs further allege that Defendants failed to disclose that it had...
2020.07.29 Motion for Preliminary Approval of Class Action Settlement 398
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2020.07.29
Excerpt: ...s a result of the pandemic, it would not be appropriate to approve a settlement that includes performance of financial terms that are now impossible to perform as that settlement would not be reasonable. Defendant suggests that the court exercise equitable powers to impose a new financial term. The court declines to do so. The parties are directed to meet and confer regarding whether they wish to return to litigation or settlement negotiations. o...
2020.07.22 Demurrer 035
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2020.07.22
Excerpt: ...ise to a duty to act. Regents v Univ.of Calif. V Sup. Ct. (2018) 4 Cal. 5th 607, 669. The FAC alleges that Defendant participated in the plan for a Crossover Ceremony, which included rituals involving the provision of drugs and alcohol to Alex, who was under 21 years of age; that Alex was required to attend the ceremony; that Alex, who was already intoxicated and unable to drive was taken by Defendant and others to the location of the Ceremony, w...
2020.07.21 Motion for Summary Judgment, Adjudication 380
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2020.07.21
Excerpt: ...material fact which Plaintiff relied on to her detriment [UMFs 1‐30, 30‐60] The evidence in support of this material fact is as follows: Decl Leask, Decl Sue Rowley Decl Annamarie Nelson, Decl Craig Nelson Documentary evidence: Exhibit C. Reporter's Transcript of the Plaintiff's Deposition Vol. I, taken on February 3, 2016 Exhibit D. Reporter's Transcript of the Deposition of Plaintiff, Vol. II, taken on February 4, 2016. Exhibit E. Resumes o...
2020.07.17 Motion for Summary Judgment 477
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2020.07.17
Excerpt: ...ilure to comply with this requirement of a separate statement may in the court's discretion constitute a sufficient ground for denying the motion. Dubois asserts as UMF no. 20: “On October 05, 2016, DuBois was advised that its proposal was not accepted and Fifty‐Five was working on estimates from other roofing contractors.” (Dubois Separate Statement UMF 20) The reference to the supporting evidence is: Email Correspondence, Exhibit B4; DuBo...
2020.07.16 Demurrer, Motion to Strike 725
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2020.07.16
Excerpt: ...requests the court to compel the City to cease charging Plaintiffs the increased rates; cease charging other customers reduced and deflated rates; and refund all increased water charges paid by Plaintiffs since 2016, with prejudgment interest. The City demurs to the FAC on two bases: (1) Propositions 26 and 218 do not apply to Plaintiffs' claims, because Plaintiffs “voluntarily” use and pay for untreated water from the City, and therefore the...
2020.07.14 Motion for Judgment on the Pleadings 362
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2020.07.14
Excerpt: ...iled to return the final modification agreement within the required timeframe, therefore their eligibility for a modification expired. Plaintiffs have failed to state sufficient facts to constitute a cause of action. The motion for JOP to the Third Cause of action for Violation of Civil C. section 2923.7 , is denied. Defendant argues that the allegation of a lack of a single point of contact is belied by the fact that Plaintiffs were reviewed for...
2020.07.10 Demurrer, Motion for Reconsideration, to Compel Responses 004
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2020.07.10
Excerpt: ...he initial cross‐complaint was filed on January 23, 2019. This cause of action is therefore time barred. Interference with contractual relations/prospective economic advantage (2d & 3rd c/as) Breach of fiduciary duty (4th c/a)/Fraudulent transfer (5th c/a) The Family Law court has sole and exclusive jurisdiction over these causes of action, which involve businesses which are community asserts. In October 2017 the San Mateo Superior Court grante...
2020.06.25 Demurrer, Motion to Strike 650
Location: Santa Cruz
Judge: Volkmann, Timothy
Hearing Date: 2020.06.25
Excerpt: ...l distress is overruled. The motion to strike the allegations and prayer for attorney's fees is granted. Elder Abuse (2d c/a) The court finds that Plaintiff has failed to state a cause of action for elder abuse under a theory of either financial or physical elder abuse. W&I Code §15610.30 defines financial elder abuse as occurring when a person “takes, secretes, appropriates, obtains of retains real or personal property of an elder or dependen...
2020.06.25 Petition for Peremptory Writ of Administrative Mandamus 896
Location: Santa Cruz
Judge: Volkmann, Timothy
Hearing Date: 2020.06.25
Excerpt: ...strative body will not be disturbed in mandamus proceedings unless an abuse of discretion is demonstrated… In considering whether an abuse occurred in the context of public employee discipline, an important consideration is the extent to which the employee's conduct resulted in, or if repeated is likely to result in, harm to the public. (Lowe v. Civil Serv. Com (1985) 164 Cal.App.3d 667, 677 ) LAW AND MOTION TENTATIVE RULINGS DATE: June 25, 202...
2020.06.05 Demurrer, Petition for Writ of Mandate 696
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2020.06.05
Excerpt: ...ect provides for the construction of oncampus housing for a number of students that exceeds the CSA's enrollment cap; and (2) that Defendants have breached §5.1 of the CSA by proceeding with the planning process for the 2020 LRDP, including the release of a Draft LRDP and a Final Proposed Land Use Map which locates all new student housing on campus, without first conducting a comprehensive analysis of potentially feasible alternative locations t...
2020.04.07 Motion for Reconsideration, Demurrer 882
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2020.04.07
Excerpt: ...tances, or law. DEMURRER The unopposed special demurrer for uncertainty and general demurer to the 2d, 3 rd, 4th and 5th causes of action asserted in the Second Amended Complaint is sustained, without leave to amend. On its own motion the court strikes the 1st, 6th, 7th and 8th causes of action as constituting improper matter. Discussion The court previously sustained a special demurrer to the First Amended Complaint for uncertainty, and also sus...
2020.04.01 Demurrer, Motion to Strike 267
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2020.04.01
Excerpt: ...tive damages from the prayer of the SAC is granted. The balance of the motion is moot in light of the sustaining of the demurrer to the Third cause of action ...
2020.04.01 Demurrer 077
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2020.04.01
Excerpt: ...o defend their insureds does not make the parties." .Southern Cal. Edison Co, v, State Farm Mut. Auto, Ins. Co., (1969) 271 Cal. App. 2d 744 749. Plaintiff's cause of action is therefore not properly brought against Farmers. Plaintiff is granted leave to amend only to the extent that he can assert a negligence claim against Farmers which is not based solely on a contract of insurance with a defendant‐driver. MOTION TO STRIKE The motion to strik...
2020.03.30 Demurrer 692
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2020.03.30
Excerpt: ...Section 809 (enforcement of an easement) and Pen. Code Section 420.1 (penalties for obstructing an easement), only the allegations in the body of the complaint constitute the cause of action. Falahatir v Kondo (2005) 527 Cal. App. 4th 823,829. A demurrer therefore will not lie to the prayer. Caldera Pharmaceuticals, Inc. v Regents of U.C. (2012) 205 Cal. App. 4th 338, 368. Defendants' Requests for Judicial Notice The court denies Defendant's RFJN...
2020.03.25 Motion for Summary Judgment 488
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2020.03.25
Excerpt: ...irmation of Verbal Agreement for Emergency Force Account Agreement dated January 25, 2017. ▪ Disputed issues of fact exist as to whether CALTRANS Project Engineers asserted control over debris hauling and dumping practices used by Graniterock. LAW AND MOTION TENTATIVE RULINGS DATE: MARCH 25, 2020 TIME: 8:30 A.M. 2 Supporting evidence UMF No. 6, 10, 17—Plaintiffs' Exhibit. K [Lauderdale depo] , at 39:6‐15, 129:15‐130:9; Exhibit B [Wright d...
2020.03.23 Motion for Summary Judgment, Adjudication 274
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2020.03.23
Excerpt: ...ctively concedes the materiality of whatever facts are included. Thus, if a triable issue is raised as to any of the facts in the separate statement, the motion should be denied. Nazir v. United Airlines, Inc., 178 Cal. App. 4th 243, 252 (Cal. App. 1st Dist. 2009. The court finds that triable issues of material fact are raised as to each of the issues submitted by Defendants for summary adjudication. Based on the declaration of Plaintiff's expert...
2020.03.20 Motion for Preference in Trial Setting 368
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2020.03.20
Excerpt: ...cident. Counsel are ordered to appear at the hearing by Court Call to set a trial date (possibly 5/26/20) within 120 days of the hearing (i.e. on or before 7/20/20). ...
2020.03.20 Motion for Preference in Trial Setting 368
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2020.03.20
Excerpt: ...cident. Counsel are ordered to appear at the hearing by Court Call to set a trial date (possibly 5/26/20) within 120 days of the hearing (i.e. on or before 7/20/20). ...
2020.03.18 Demurrer, Motion to Strike 754
Location: Santa Cruz
Judge: Gallagher, John
Hearing Date: 2020.03.18
Excerpt: ...n enough to allow Defendants to understand the nature of the allegations against them, and the theory of liability in order to fashion an appropriate response. Any ambiguities can be clarified under modern discovery procedures. (Id.) The face of the first and second causes of action for breach of contract and breach of the implied rental agreement does not reveal that the oral rental agreement was for more than one LAW AND MOTION TENTATIVE RULING...
2020.03.13 Motions for Attorney's Fees 303
Location: Santa Cruz
Judge: Gallagher, John
Hearing Date: 2020.03.13
Excerpt: ...ttorney's fees”. The parties agree that this provision is broad enough to encompass both contractual and non‐contractual claims. In this case Defendants successfully defended the contractual claims, while Plaintiff received a monetary award on the non‐contractual claim for conversion. The court is therefore guided by Maynard v BTI Group, Inc.(2013) 216 Cal. App. 4th 984, which holds that in this situation the general provisions of the Code ...
2020.03.13 Motion for Summary Judgment, Adjudication 327
Location: Santa Cruz
Judge: Gallagher, John
Hearing Date: 2020.03.13
Excerpt: ... 2 Circle Dr., Santa Cruz, CA (“the Property”) at a trustee's sale, despite Plaintiffs' submission of a complete loan modification application. (First, Third, Fourth, and Fifth causes of action) As to those four surviving causes of action, the following paragraphs constitute the allegations of the operative TAC following the demurrer and motion to strike the TAC: ¶¶40(b), 56‐59, 78‐80,82‐86,88‐ 105,107‐113. (see Order on demurrer ...
2020.03.12 Demurrer 315
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2020.03.12
Excerpt: ...22.20.) As a general rule in testing a pleading against a demurrer the facts alleged in the pleading are deemed to be true, however improbable they may be. (Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604.) Therefore the demurrer to the first cause of action for quiet title is overruled. As to the Second Cause of Action for violations of CEQA, the County's claimed public nuisance exemption from CEQA assumes that the C...
2020.03.10 Motion for Sanctions 380
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2020.03.10
Excerpt: ...5 allows the trial court to impose sanctions for frivolous actions or tactics made in bad faith. Plaintiff has not followed the safe harbor provision in this section; the trial court cannot award appellate sanctions; and while this court's orders were affirmed on appeal the appellate court decision does not indicate that the appeal was necessarily frivolous or in bad faith; • CCP §2025.430 provides for discovery sanctions for failure to attend...
2020.03.04 Motion for Protective Order 004
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2020.03.04
Excerpt: ...hood that the information sought will lead to the discovery of admissible evidence. The court may make this determination pursuant to a motion for protective order by a party or other affected person.” CCP §2017.020 (a). The court finds that justice requires the issuance of the requested protective order to protect Plaintiff from unwanted annoyance, embarrassment, oppression, or undue burden and expense; and that the intrusiveness of this disc...
2020.03.03 Demurrer 043
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2020.03.03
Excerpt: ... has run will not be permitted when the result is the addition of a party who, up to the time of the proposed amendment, was neither a named nor a fictitiously designated party to the proceeding. (Ingram v. Superior Court (1979) 98 Cal.App.3d 483, 492) Defendant Kurrus was neither a named nor a fictitiously designated party to the proceeding when the original complaint was filed. Moreover, while the Supreme Court has a liberal attitude toward all...
2020.03.02 Motion to Continue Trial Date and Extend Discovery Cut-Off Dates 090
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2020.03.02
Excerpt: ...parate trials of issues or causes of action will further convenience or “be conducive to expedition and economy”. The purpose of bifurcation is to promote judicial economy. Horton v Jones (1972) 26 Cal. App. 3d 952, 954. The preferred procedure is to try equitable actions first, where to do so will result in factual and legal findings that effectively dispose of the legal claims, and promote judicial economy. Weil and Brown, California Proced...
2020.02.20 Petition to Compel Contractual Arbitration 287
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2020.02.20
Excerpt: ...facbo (2003) 539 U.S. 52,55‐57; Valley View Health Care, Inc. v. Chapman (E.D.Cal. 2014) 992 F.Supp.2d 1016, 1029.) The FAA requires courts to place arbitration agreements “on equal footing with all other contracts” and a state rule that singles out arbitration agreements for disfavored treatment violates the FAA. (Kindred Nursing Ctrs. Ltd. P'ship v. Clark (2017) ___U.S.___ [137 S.Ct. 1421, 1423.) LAW AND MOTION TENTATIVE RULINGS DATE:FEBR...
2020.02.19 Demurrer, Motion to Strike 347
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2020.02.19
Excerpt: ... good faith and fair dealing overlap, this does not necessarily mean that the gravamen of the two counts is the same. Every contract contains an implied covenant of good faith and fair dealing providing that no party to the contract will do anything that would deprive another party of the benefits of the contract. (Digerati Holdings, LLC v. Young Money Entertainment, LLC, (2011) 194 Cal. App. 4th 873, 884‐885) The demurrer to the Third cause of...
2020.02.14 Motion to Compel Further Responses 754
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2020.02.14
Excerpt: ...she knows no facts that support her contention that the alleged misrepresentations were false when made, to say so. Special Interrogatory no. 27: Plaintiff is ordered to review her response and if there are other items of "valuable restaurant equipment” that Defendants were allowed to use as part of the oral agreement to rent, Plaintiff should identify each item with particularity. Special Interrogatory no. 31. Because Plaintiff no longer conte...
2020.02.13 Motion for Judgment on the Pleadings 362
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2020.02.13
Excerpt: ...d against a demurrer.” (Quelimane Co. v. Stewart Title Guaranty Co., (1998) 19 Cal. 4th 26, 38) (Contrary to Defendant's claim that section 2923.55 has been repealed and no longer exists, section 2923.55 was added by Stats 2018 ch 404 § 6 (SB 818), effective January 1, 2019.) Moreover because the motion is directed as to the entirety of the Complaint on the grounds that the Complaint fails to state any cognizable claims as to Defendant (Notice...
2020.02.10 Special Motion to Strike 950
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2020.02.10
Excerpt: ...or gravamen of the claim, i.e the “allegedly wrongful and injury producing conduct that provides the foundation for the claims”. Weil and Brown, California Procedure Before Trial, TRG, §7:775. The act “underlying the plaintiff's cause of action must itself have been an act in furtherance of the right of petition or free speech”; and the court must distinguish between “(1) speech or petitioning activity that is mere evidence related to ...
2020.02.05 Motion for Preliminary Approval of Class Action Settlement 995
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2020.02.05
Excerpt: ...y affiliates of Monomoy Capital Partners III],West Marine was sold to Monomoy for only $12.97 per common share. Plaintiff should state what a fair and reasonable price per common share would have been but for the allegedly severely conflicted and flawed sales process. (Plaintiff's P's & A's p. 2:19‐28) • [Repass'] actions resulted in the Company entering into lease agreements for properties owned or controlled by Repass, netting him “millio...
2020.02.03 Motion for Attorney's Fees 661
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2020.02.03
Excerpt: ...t provides that, “[In] Any action to enforce or interpret this Agreement… [the] prevailing party shall be entitled to reimbursement of fees, costs, and expenses incurred in connection with the action.” (Ex. A to Mohammed Declaration, Ex.A to Shields Declaration.) Cal Civ Code § 1717 Contract provision for attorney fees and costs provides: (a) In any action on a contract, where the contract specifically provides that attorney's fees and cos...
2020.02.03 Motion for Attorney's Fees 050
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2020.02.03
Excerpt: ...attorney‐client relationship with the attorney, and the fees are actually incurred. Witte v Kaufman (2006) 141 Cal. App. 4th 1201; Mix v. Tumanjan Development Corp. (2002) 102 Cal.App.4th 1318, 1324– 1325. Defendants have presented no evidence that Mr. Laydon was “in fact” retained and stood in an attorney‐client relationship with Defendants, or that the claimed fees were actually incurred (e.g. engagement agreement, amount billed, amou...
2020.01.31 Motion to Bifurcate Probate Petition for Separate and Early Hearing 084
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2020.01.31
Excerpt: ...e the civil claims. Moreover, bifurcation is not necessary here to promote judicial economy, convenience of witnesses, and the interests of justice. Contrary to Encompass' claim that an early hearing on the Probate Petition can be conducted in a few hours, without the need for live witnesses or testimony, (Encompass P's & A's p. 15:4) the court in Estate of Bennett, (2008) 163 Cal. App. 4th 1303 held that in a contested hearing, it was error to f...
2020.01.29 Motion for Summary Judgment, Adjudication 050
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2020.01.29
Excerpt: ...0:95.1, citing Nazir v United Airlines, Inc. (Cal. App. 1st Dist. 2009) 178 Cal. App. 4th 243, 252. Defendant has included UMFs No. 7 and 8 in its Separate Statement under Issue No 1 (the County is entitled to summary judgment because it is absolutely immune from liability pursuant to Govt. Code §831.2); under Issue No. 2 (the County is entitled to judgment on Plaintiffs' first cause of action because there was no notice of a dangerous condition...
2020.01.28 Motion for Attorneys' Fees 830
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2020.01.28
Excerpt: ...1033.5 (c)(1), (3). No declaration or other evidence has been presented demonstrating that fees have been incurred; and in the absence of any evidence as to how the fees were calculated there no way for the court to determine if the claimed fees are reasonable. The court may only award costs that are “reasonably necessary to the conduct of the litigation rather than merely convenient or beneficial to its preparation”. CCP §1033.5(c) (2). In...
2020.01.28 Demurrer 776
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2020.01.28
Excerpt: ...Quelimane Co. v. Stewart Title Guaranty Co.,(1998) 19 Cal. 4th 26, 38) Moreover, a demurrer is simply not the appropriate procedure for determining the truth of disputed facts.' The hearing on demurrer may not be turned into a contested evidentiary hearing through the guise of having the court take judicial notice of documents whose truthfulness or proper interpretation are disputable.”(Fremont Indemnity Co. v. Fremont General Corp., (2007) 148...
2020.01.14 Demurrer, Motion to Strike 035
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2020.01.14
Excerpt: ...nd partially oral”, and that the written agreement sets forth the terms of the agreement. He therefore meets the pleading standard for alleging a contract. Plaintiff alleges that the oral agreement was memorialized by the written agreement attached the FAC as Exhibit A. He further alleges on information and belief that it was signed by Defendants (i.e. signed by the party to be charged). A statute of frauds defense therefore does not appear on ...
2020.01.08 Motion for Summary Judgment 059
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2020.01.08
Excerpt: ...den, the burden shifts to the plaintiff to show that a triable issue of one or more material facts exists as to the defense. The contract here provides: No action of any character arising from or related to this contract or the performance thereof, the construction of the project or the furnishing of any work, labor services or material, shall be commenced by either party against the other more than two (2) years after completion or cessation of ...
2020.01.03 Motion to Disqualify Counsel 329
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2020.01.03
Excerpt: ...edure Before Trial, TRG, §2:15. The naming of these two entities as plaintiffs therefore appears to have been done due to mistake or inadvertence. “If the original statement was due to mistake, inadvertence, inadequate knowledge of the facts, and the amended pleading seeks to allege the true facts as known, there is no admission, judicial or evidentiary”. 4 Witkin, California Procedure, 5th Ed., Pleading, §457. Given the nature of the case,...
2020.01.02 Motion for Leave to Intervene 072
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2020.01.02
Excerpt: ...omplaint for injunctive and declaratory relief in intervention. Counsel for the Parties are directed to meet and confer re: whether this case is appropriate for coordination with County of Santa Cruz et al. v. Bureau of Cannabis Control, et a1., Fresno County Superior Court, Case No.19CECG01224 (filed on April 4, 2019), pursuant to CCP §404 et seq. and CRC 3.520 et seq. The Parties are directed to appear at the hearing to advise the Court of the...
2020.01.02 Demurrer 612
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2020.01.02
Excerpt: ...se allegations demonstrate that Defendant/Cross‐complainant has “created and/or assented to and has been using” the driveway that he now claims is illegal for 30 years, and he has therefore waived any claim of nuisance from illegal use; that “any violation of fire codes is a matter of fire safety, not access issues with undefined construction vehicles”; and therefore the Cross‐Complaint does not contain a cognizable theory of nuisance...
2019.9.25 Demurrer, Motion to Strike 495
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2019.9.25
Excerpt: ...rtz Corp. 221 Cal. App. 4th 768, 775. The demurrer is overruled as to the first cause of action for declaratory relief. Plaintiff has stated a dispute and an actual controversy over the interpretation of the March 21, 2018 Purchase and Sale Agreement and the March 30, 2018 Addendum. The Court is unable to conclude as a matter of law that the terms of the agreement between the parties are clear and unambiguous on their face ‐ both as to the amou...
2019.9.5 Motion for Undertaking 530
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2019.9.5
Excerpt: ...defendant will obtain judgment in the action. Case law has interpreted Defendant's burden to show that there is no reasonable possibility the out‐of‐state plaintiff will prevail: “The purpose of section 1030 is to protect California residents who are sued by out‐of‐state plaintiffs when there is no reasonable possibility the out‐of‐state plaintiff will prevail.” (Yao v. Superior Court, (2002)104 Cal. App. 4th 327,331, 333.) Unlike...
2019.9.5 Motion for Determination of Which Causes of Action are Equitable 219
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2019.9.5
Excerpt: ...ich a money judgment could be docketed against the defendant liable for such deficiency, such a judgment was not the sole object of the action but was an incident of the equitable relief sought. It might not even become necessary, as the mortgaged premises might bring a sufficient sum to pay the mortgaged debt and the circumstance, that in the contingency of the premises proving insufficient, a judgment for the deficiency might result, did not en...

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