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933 Results

Location: Santa Cruz x
2021.12.07 Application for Preliminary Injunction 579
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2021.12.07
Excerpt: ...required to prove assignment or ownership of loan documents in order to proceed with a foreclosure. Saterbak v JP Morgan Bank (2016) 245 Cal. App. 4th 808, 814. Regardless, the judicially noticeable documents demonstrate that the Deed of Trust securing the loan which is the subject of this action and foreclosure was validly assigned to Defendant Affinia. The Court is not persuaded by Plaintiffs' claim that they were never notified of the identity...
2021.12.06 Motion for Sanctions 562
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2021.12.06
Excerpt: ... court, after notice to any affected party, person, or attorney, and after opportunity for hearing, may impose the following sanctions against anyone engaging in conduct that is a misuse of the discovery process: (a) The court may impose a monetary sanction ordering that one engaging in the misuse of the discovery process, or any attorney advising that conduct, or both pay the reasonable expenses, including attorney's fees, incurred by anyone as ...
2021.12.06 Demurrer 041
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2021.12.06
Excerpt: ...is that where an administrative remedy is provided by statute, relief must be sought from the administrative body and this remedy exhausted before the courts will act. (Abelleira v. District Court of Appeal (1941) 17 Cal.2d 280, 292 [109 P.2d 942].) A demurrer may properly be granted based on the failure to adequately plead an exhaustion of administrative remedies. A plaintiff must exhaust the administrative remedies available before resorting to...
2021.11.24 Motion for Leave to Amend Complaint 468
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2021.11.24
Excerpt: ... §§6:638‐639) Regarding Plaintiffs/Cross‐Defendants' concern that allowing the amendment would require postponement of trial because an arbitration would have to occur first (CA Civil Code §845) prejudicing Plaintiffs, (Opposition pg. 5), since both the Complaint and Cross‐Complaint pray for equitable relief, CA Civil Code §845 would not be applicable pursuant to Cal Code Civ Proc § 1141.13. Counsel are requested to appear at the heari...
2021.11.24 Demurrer 946
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2021.11.24
Excerpt: ...go to the power of the court, has been recognized as being harsh, and it will not be adhered to where its application will result in an unjust decision.” (Di Genova v. State Board of Education (1962) 57 Cal.2d 167, 179 [18 Cal.Rptr. 369, 367 P.2d 865].) The order sustaining the demurrer to the Complaint stated, “The judicially noticeable documents indicate that the UPA has determined that that Defendant committed minor violations, which is no...
2021.11.22 Motion to Strike Deposition Testimony 488
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2021.11.22
Excerpt: ...he motion to strike is denied. Turning to the motion for an order that the attorney‐client privilege has been waived, Cal Evid Code § 954 Lawyer‐client privilege: Subject to Section 912 and except as otherwise provided in this article, the client, whether or not a party, has a privilege to refuse to disclose, and to prevent another from disclosing, a confidential communication between client and lawyer if the privilege is claimed by: (a) The...
2021.11.22 Demurrers 316
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2021.11.22
Excerpt: ...0 days after the rendition of the judgment or the making of the order being appealed”. The oral pronouncement of the order in open court generally marks the beginning of the time to appeal, unless a statute requires a certain form of order, in which case the order is only effective when made in the statutory form. However, if the matter is taken under submission and the court issues a written order, which is both filed and served on the parties...
2021.11.19 Motion for Leave to File SAC 686
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2021.11.19
Excerpt: ...se.” ' Thus, absent a showing of prejudice to the adverse party, the rule of great liberality in allowing amendment of pleadings will prevail. (Board of Trustees v. Superior Court (2007) 149 Cal.App.4th 1154, 1163 [57 Cal.Rptr.3d 755].) No opposition having been filed and thus no prejudice having been shown, the unopposed motion for leave to amend the FAC and to file a Second Amended Complaint is granted. ...
2021.11.18 Demurrer, Motion to Strike 835
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2021.11.18
Excerpt: ...sserts that Plaintiff's claims based on actions which occurred prior to 2020 are barred by the one year statute of limitations applicable to FEHA claims. Plaintiff's 1st through 3rd causes of action are based on actions alleged to have occurred both before and after 2020; and a demurrer does not lie to only a part of a cause of action (Weil & Brown, California Civil Procedure Before Trial, §7:42.2). Plaintiff's 4th and 5th causes of action are b...
2021.11.16 Motion to Compel Responses 735
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2021.11.16
Excerpt: ...he Labor Commissioner, uncertainty, and the discovery is a pattern of abuse. Ruling: Objections are overruled. AMH is ordered to produce a verified response with all responsive documents without objections. LAW AND MOTION TENTATIVE RULINGS DATE: NOVEMBER 16, 2021 TIME: 8:30 A.M. 2 RPD 2: All documents related to any and/or all of your interactions (of any kind in any form including communications) with Datson's wife related to Ms. Hoffman in any ...
2021.11.15 Motion for Writ of Administrative Mandamus 239
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2021.11.15
Excerpt: ...er cases, abuse of discretion is established if the court determines that the findings are not supported by substantial evidence in the light of the whole record. In ruling on the petition for writ of mandate, the trial court's task was to determine, exercising its independent judgment, whether the hearing officer's decision was supported by the weight of the evidence. (McKinney v. Department of Motor Vehicles (1992) 5 Cal.App.4th 519, 523 [7 Cal...
2021.11.10 Motion for Preliminary Injunction 528
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2021.11.10
Excerpt: ... Prayer for Relief) LAW AND MOTION TENTATIVE RULINGS DATE: NOVEMBER 10, 2021 TIME: 8:30 A.M. 2 Therefore, pecuniary compensation would afford adequate relief, moreover it would not be extremely difficult to ascertain the amount of compensation which would afford adequate relief.(If monetary damages afford adequate relief and are not extremely difficult to ascertain, an injunction cannot be granted. (Thayer Plymouth Center, Inc. v. Chrysler Motors...
2021.11.09 Motion for Summary Judgment 279
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2021.11.09
Excerpt: ...) For purposes of motions for summary judgment and summary adjudication: (2) A defendant has met his or her burden of showing that a cause of action has no merit if the party has shown that one or more elements of the cause of action, even if not separately pleaded, cannot be established, or that there is a complete defense to the cause of action. Once the defendant has met that burden, the burden shifts to the plaintiff to show that a triable is...
2021.11.09 Demurrer 554
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2021.11.09
Excerpt: ...ney paid out or loaned at the defendant's specific request. The cases do not require such a request as an element of the claim. The principles permitting conclusory pleading of common count claims apply to “a common count for moneys paid, laid out, expended, loaned or advanced to and for the defendant by the plaintiff at the former's instance and request.” (Rubinstein v. Fakheri (2020) 49 Cal.App.5th 797, 809‐810 [263 Cal.Rptr.3d 344].) Her...
2021.11.08 Motions for Judgment on the Pleadings and Return of Property 398
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2021.11.08
Excerpt: ...746].) Defendant moves for judgment on the pleadings on the grounds that the conflict between the Adult Use of Marijuana Act and the asset forfeiture statutes is such that there has been a repeal by implication of asset forfeiture laws as to all marijuana conduct...,the Act delineates the specific financial and asset forfeiture repercussions for unlicensed activity is strictly limited to civil penalties and forfeiture of the marijuana..., the Act...
2021.11.04 Motion to Augment Administrative Record
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2021.11.04
Excerpt: ...ere was a prejudicial abuse of discretion in that the agency has not proceeded in a manner required by law (Pub. Resources Code, § 21168.5, Vineyard Area Citizens for Responsible Growth, Inc. v. City of Rancho Cordova (2007) 40 Cal.4th 412, 426.). The documents which are the subject of the County's motion to augment demonstrate that on 8/24/21 the County Zoning Board conducted a public hearing re: the formation of an Assessment District for the ...
2021.11.02 Motion for Summary Judgment, Adjudication 153
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2021.11.02
Excerpt: ...se of action cannot be separately established, even if that element is separately pleaded. (p) For purposes of motions for summary judgment and summary adjudication: (2) A defendant or cross‐defendant has met his or her burden of showing that a cause of action has no merit if the party has shown that one or more elements of the cause of action, even if not separately pleaded, cannot be established, or that there is a complete defense to the cau...
2021.10.29 Demurrer 913
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2021.10.29
Excerpt: ... to the subject property before RMF brokered the loan between Oliver Seville and SDC, and she was therefore not a party to the loan transaction; and (2) she has failed to allege facts to support a duty under Biakanja. Plaintiff's assertion that she was the “putative” borrower from SDC and an intended beneficiary of the loan transaction as a result of the Court's nunc pro tunc order is unavailing. That order was made long after the loan transa...
2021.10.20 Motion for Stay, to Deem Matters Admitted, to Compel Further Responses, Demurrer 735
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2021.10.20
Excerpt: ... BRAD DATSON The motion is denied. On 10/16/19 Plaintiff's counsel personally served Hoffmann's first set of requests for admissions on Brad Datson which consisted of 23 RFA's. (Ex. A to Shearer Dec.) The responses were due served within 30 days after service of the RFA's, i.e. on or before 11/15/19. (CCP § 2033.250) On 11/27/19 verified responses were served without objection. (12 days late). (Shearer Dec. filed 3/30/21 ¶ 2) Cal Code Civ Proc ...
2021.10.19 Demurrer 550
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2021.10.19
Excerpt: ...ment of a cause of action for breach of fiduciary duty. (see FAC pp. 2:12‐3:1, 3:2‐8, 3:23‐ 25) Turning to the Second cause of action for negligence, Plaintiff has pleaded each element of the cause of action, (Rosencrans v. Dover Images, Ltd. (2011) 192 Cal.App.4th 1072, 1082; FAC ¶¶ 7,13,14) therefore the demurrer is overruled. The demurrer to the Third cause of action for gross negligence is overruled. Plaintiff has pleaded each element...
2021.10.18 Motion for Preliminary Injunction 301
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2021.10.18
Excerpt: ...onable probability of success on the merits; and (2) who will suffer greater injury? (Weil & Brown, Civ. Pro. Before Trial, §9:522, 9:527, 9:531,) The burden of proof is on the moving party to show all elements necessary to support the issuance of a preliminary injunction. (Weil & Brown supra at 9:632.1.) In ruling on the motion, the court is to evaluate the potential merits and interim harm factors, and the greater the showing on one, the less ...
2021.10.15 Special Motion to Strike Complaint 165
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2021.10.15
Excerpt: ... 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. F...
2021.10.14 Motion to Appoint Arbitrator or for Reconsideration to Compel Arbitration 910
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2021.10.14
Excerpt: ... of written notice of entry of the order and based upon new or different 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. Unless the requirements of section 437c, subdivision (f)(2), or 1008 are satisfied, any action to reconsider a prior interim order must formally begin with the court on its own motion. (Le Francois v. Goel (2005...
2021.10.14 Demurrer 424
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2021.10.14
Excerpt: ...court is reinvested with jurisdiction of the cause, but only such jurisdiction as is defined by the terms of the remittitur. The trial court is empowered to act only in accordance with the direction of the reviewing court; action which does not conform to those directions is void. (Hampton v. Superior Court of Los Angeles County (1952) 38 Cal.2d 652, 655 [242 P.2d 1].) Here, the 6DCA stated in the Remittitur, “Subdivision (b) of section 389 giv...
2021.10.08 Motion for Summary Judgment, Adjudication 161
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2021.10.08
Excerpt: ...onable apprehension of serious injury including pecuniary loss or the prejudicial alteration of one's position. (Thompson v. Ioane (2017) 11 Cal.App.5th 1180, 1193‐ 1194.) Defendants have met their burden of showing that a cause of action has no merit if the party has shown that one or more elements of the cause of action, even if not separately pleaded, cannot be established by showing they were holder of the note at the time of the Trustee's ...

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