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200 Results

Location: Santa Cruz x
2019.9.19 Motion to Enforce Settlement 106
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2019.9.19
Excerpt: ...the settlement terms. The standard governing review of such determinations by a trial court is whether the court's ruling is supported by substantial evidence. (In re Marriage of Assemi (1994) 7 Cal.4th 896, 911.) LAW AND MOTION TENTATIVE RULINGS DATE: SEPTEMBER 19, 2019 TIME: 8:30 A.M. 2 To make this factual determination, the court in its discretion may receive oral testimony or determine the motion on declarations. (Id.) A judge ruling on ...
2019.9.18 Motion for Preliminary Injunction 072
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2019.9.18
Excerpt: ...ra at 9:632.1.) "It frequently is observed that a preliminary injunction is an extraordinary and drastic remedy, one that should not be granted unless the movant, by a clear showing, carries the burden of persuasion." (Mazurek v. Armstrong (1997) 520 U.S. 968,972). LAW AND MOTION TENTATIVE RULINGS DATE: SEPTEMBER 18, 2019 TIME: 8:30 A.M. 2 Examining the first of these elements, whether Plaintiff has a reasonable probability of success on ...
2019.9.17 Special Motions to Strike 356
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2019.9.17
Excerpt: ...rden then shifts to the plaintiff to establish a probability of prevailing on the claim.” (Haight Ashbury Free Clinics, 184 Cal. App. 4th 1539, 1547 (2010). The defendant may meet his burden by showing the act which forms the basis for the plaintiff's cause of action was a written or oral statement made before a legislative, executive, or judicial proceeding. (§ 425.16, subd. (e)(1).) Thus, if the defendant's act was a lawsuit,… the ...
2019.9.12 Demurrer 673
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2019.9.12
Excerpt: ...pply for a new CDP application, and 2) in threatening civil penates if neither of these actions are taken. The Commission essentially argues that this claim is not ripe until Petitioners accept the Commission's authority by submitting a new CDP application; and that they must do so in order to exhaust their administrative remedies. However, the Commission's legal authority for its position that Petitioners “must” submit a new CDP application ...
2019.8.29 Motion for Attorney's Fees 825
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2019.8.29
Excerpt: ...or prior to or during the trial, unless the parties otherwise agree in the settlement or compromise. Following entry of judgment in related case No.18CV03613, mobile home owner filed requests for entry of dismissal of his complaints in case no's 18CV02825 & 18CV03386, therefore Defendant Park Owner is prevailing party and entitled to reasonable attorney's fees. As for what constitutes “reasonable” attorney's fees: "Reasonable" attorne...
2019.8.29 Demurrer 251
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2019.8.29
Excerpt: ...re the Court noted that the content of section 15610.57, subdivision (b)… seems to contemplate the existence of a robust caretaking or custodial relationship—that is, a relationship where a certain party has assumed a significant measure of responsibility for attending to one or more of an elder's basic needs that an able‐bodied and fully competent adult would ordinarily be capable of managing without assistance. (Winn v. Pioneer Medica...
2019.8.28 Motion to Seal Final Settlement Agreement 181
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2019.8.28
Excerpt: ...st supports sealing the record; (3) A substantial probability exists that the overriding interest will be prejudiced if the record is not sealed; (4) The proposed sealing is narrowly tailored; and (5) No less restrictive means exist to achieve the overriding interest. II. VIKAS GOEL'S MOTION TO SET ASIDE VOID JUDGMENT AND TO QUASH SERVICE A. The Motion is Timely Cal. Code Civ Proc § 473 Amendment of pleadings provides: (d) The court may, upon mo...
2019.8.27 Motion to Continue Trial, to Designate Matter as Protracted or Complex 195
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2019.8.27
Excerpt: ...ted/Complex. (2) Plaintiffs assert the matter should be designated complex under CRC 3.400 due to the number of parties and the volume of discovery. Answering Defendants do not oppose the motion. Plaintiffs are judgment creditors who in this action is seeking to hold Defendant entities liable for Plaintiffs' two judgments on alter ego theories. California Rules of Court Rule 3.400 provides guidance and notes the following factors are to be consid...
2019.8.27 Motion for Summary Judgment, Adjudication 787
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2019.8.27
Excerpt: ...ks. (1975) 13 Cal.3d 710, 717) In Lyles v. State of California, (2007) 153 Cal. App. 4th 281, the Sixth District applied the 3 year statute of limitations to bar an inverse condemnation cause of action for damages to residential property allegedly caused by an inadequate drainage system surrounding public roads which allowed flooding of the property. Significant to the Court was the fact that “this case involves a one‐time known damage event...
2019.8.20 Motion for Summary Judgment, to Compel Deposition, for Protective Order, for Sanctions 957
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2019.8.20
Excerpt: ...ed facts demonstrate that Ford's express warranty does not cover items needed to maintain the vehicle, such as “oils, lubricants, other fluids”; and that it does not cover “damage caused by using contaminated or improper fuel/fluids” [UMF 3]; that the truck was “perfect”, and did not have any problems in the first year [UMF 2]; that during the third repair visit on 10/16/16, after testing and diagnosis, a dealership technician working...
2019.8.16 Demurrer 161
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2019.8.16
Excerpt: ... a non‐judicial foreclosure and trustee's sale of their property, because they did so under color of two recorded assignments of the Deed of Trust which are void: • A Corporate Assignment of Deed of Trust, executed on October 29, 1997 and recorded on May 17, 1999, by ICI Funding Corporation to Bankers Trust “as trustee under Indentiture relating to IMH Assets Corp., Collateralized AssetBacked‐Bonds, Series 1998‐3” [Assignment #2]; and...
2019.8.9 Application for Preliminary Injunction 937
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2019.8.9
Excerpt: ...y constituted unprejudiced Committee on Charges, and then strictly adhering to the procedures mandated by CAPM 002.015”. The gravamen of Petitioner's claim is that Kletzer's predecessor, CP/EVC Tromp, deviated from the protocol set forth in CAPM .002.151 by assigning the investigation of LAW AND MOTION TENTATIVE RULINGS DATE: AUGUST 9, 2019 TIME: 8:30 A.M. 3 complaints against Petitioner for sexual harassment to the University's Title IX office...
2019.8.5 Demurrer 616
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2019.8.5
Excerpt: ...se to believe that information disclosed constituted a violation of law or regulation Plaintiff alleges that she reported to principal Oklin that it was not appropriate for her to teach a full 15 units of a 30‐unit Algebra course, because (1) she only had a substitute teaching credential and did not have the proper credential required to actively and directly teach an Algebra course; and (2) as a substitute teacher she could not legally teach 5...
2019.8.5 Motion for Summary Judgment, Adjudication 491
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2019.8.5
Excerpt: ...djudication as to Plaintiff's second cause of action for fraud is DENIED. The operative complaint (Plaintiff's Fourth Amended Complaint) asserts a cause of action for medical negligence against Defendants Dignity Health (dba Dominica Hospital), Tobias Yeh, M.D., and John Christensen, M.D.; and a cause of action for the intentional tort of fraud in falsifying medical records against Defendant Dignity Health. Medical negligence cause of action‐...
2019.8.5 Motion to Strike Answer and Enter Default, for Default Judgment 031
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2019.8.5
Excerpt: ...ith CCP § 435.5's meet and confer requirements. In addition, Principal has failed to establish that Bonner is in default as to discovery, etc. as to Principal. For example, the order Principal cites in support of its motion entered 9/11/18, was an order finding that Steven Bonner disobeyed orders pertaining to discovery propounded by Plaintiff, not Principal. (Ex. D to Dec. M. Brisbin) Therefore, the Court, having reviewed Principal's Motion to ...
2019.8.1 Motion for Attorney's Fees 486
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2019.8.1
Excerpt: ...of at least $25,000 as it requested in its Complaint. However, Plaintiff did prevail, on a practical level, by achieving its main litigation objective of stopping work in Defendant's unit until all necessary permits were obtained and ensuring that such work was carried out in compliance with the CC &R's. The Court concludes that had the litigation not been initiated, and the temporary restraining order obtained, Defendant would have continued wit...
2019.7.31 Motion for Good Faith Settlement 971
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2019.7.31
Excerpt: ...ettlement is granted. A rough approximation of plaintiffs' total recovery is $5,000,000.00 As for settlor's proportionate liability, Settlor's percentage of liability is the touchstone question to be considered by the trial court in a contested good faith settlement hearing. (City of Grand Terrace v. Superior Court, (1987) 192 Cal. App. 3d 1251, 1262.) UCC had several viable defenses which would tend to limit its percentage of liabili...
2019.7.30 Anti-SLAPP Motion to Strike 004
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2019.7.30
Excerpt: ... on Maleksalehi's filing of the underlying complaint, which constitutes protected speech. Turner alleges that Malkesalehi “filed this action” after her divorce proceeding with Tabatabai was set for trial; and that he is “asserting the claim” to recover a loan from Enabledware in order to lower the value of Enabledware and help Tabatabai in the divorce proceedings. Her cause of action for Interference with Economic Advantage specifically a...
2019.7.26 Demurrer, Motion to Strike 223
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2019.7.26
Excerpt: ...n for general negligence fails to state facts sufficient to constitute a cause of action against this defendant and the pleading is uncertain, ambiguous and unintelligible”. As these causes of action are for Conversion, Theft, Constructive Trust and Declaratory Relief, Defendant has failed to specify the grounds for demurring to these causes of action. The demurrer is therefore disregarded pursuant to CCP S430.60, and overruled. The motion to s...
2019.7.23 Motion to Compel Contractual Arbitration 910
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2019.7.23
Excerpt: ...er Tunnels/Pre‐Con v. Traylor Brothers, Inc./Obayashi Corp., (2003) 111 Cal. App. 4th 1328 where the court found the agreement to the Dispute Resolution Board unconscionable because only the owner and general had the right to select neutrals resulting in a DRB that was biased against the sub‐contractor, here the parties, i.e. the general and the subcontractor, each have the right to select one neutral with the third neutral being selected by ...
2019.7.19 Petition for Writ of Mandate 365
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2019.7.19
Excerpt: ... when the trial court conducts independent judgment review under section 1094.5. (Fukuda v. City of Angels,(1999) 20 Cal. 4th 805,819) Here, after his arrest ( after the initial PAS test), petitioner was formally advised of his post‐ arrest obligations under the implied consent law, with the officer reading him the verbatim admonishment from the official DMV DS 367 form which included the admonition that Petitioner was now required to submit to...
2019.7.18 Motion for Judgment Notwithstanding the Verdict 213
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2019.7.18
Excerpt: ... is any substantial evidence, or reasonable inferences to be drawn therefrom, in support of the verdict, the motion should be denied.” Hauter v. Zogarts (1975) 14 Cal.3d 104,110 BFR principally contends that John Cunningham's act of killing himself so far outweighs any “passive” failures on the part of BFR that the court must conclude as a matter of law that the negligence of BFR was not a substantial factor in causing Cunningham's death. B...
2019.7.9 Motion for Preliminary Approval of Class Action Settlement 227
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2019.7.9
Excerpt: ...d the proposed settlement of 17% of that amount totaling $231,750. Plaintiffs are requested to provide supplemental briefing and declarations addressing the following so that the Court may evaluate whether the proposed settlement is fair, reasonable, and adequate: 1. A factual assessment of the strength of the case, including a factual basis for counsel's wholly conclusory statement that the proposed settlement for 17% of the total maximum recove...
2019.7.8 Motion to Compel Further Responses, for Sanctions 969
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2019.7.8
Excerpt: ...cts. ‐ identify all documents that support its denials or affirmative defenses and the name, address, and telephone number of anyone who has each document. The motion to compel further responses to form interrogatory 17.1 is granted. As to Plaintiff's requests RFA F7—F8 and F10‐F14 BONY is ordered to address these specific requests for admission in its response and: ‐state the name, address, and telephone number of anyone with knowledge o...
2019.7.2 Motion for Summary Judgment 895
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2019.7.2
Excerpt: ...gle such issue, the motion must be denied…On a motion for summary adjudication , the test is whether there is any “triable issue of material fact as to the particular claim… “If a triable issue is raised as to any of the facts in the separate statement, the motion must be denied.” Matters going to the weight of the evidence must be disregarded in ruling on the motion. Thus, one witness's declaration may effectively controvert a dozen to...

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