Search by Keyword:
Start Date:
End Date:
Tip: Wrap text in quotation marks when searching for phrases (e.g. "motion to dismiss").

200 Results

Location: Santa Cruz x
2019.7.1 Motion for Good Faith Settlement, to Seal Settlement Amount 971
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2019.7.1
Excerpt: ...t proceeds among plaintiffs, and a recognition that a settlor should pay less in settlement than he would if he were found liable after a trial. Other relevant considerations include the financial conditions and insurance policy limits of settling defendants, as well as the existence of collusion, fraud, or tortious conduct aimed to injure the interests of nonsettling defendants. (Id at p. 499) LAW AND MOTION TENTATIVE RULINGS DATE: July 1, 2019 ...
2019.6.27 Demurrer 315
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2019.6.27
Excerpt: ...ptance of the dedication was not required to make the 1929 dedication effective. The case of Wright v. City of Morro Bay, (2006) 144 Cal. App. 4th 767 resolves this issue. That case involved the city of Morro Bay's acceptance of an offer of a dedication of a public street in 1935, 20 years prior to the enactment of the predecessor to CCP 771.010. There the court held, “It is an accepted rule of statutory construction that, absent a clear indica...
2019.6.26 Motion for Summary Adjudication 182
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2019.6.26
Excerpt: ...owe a duty to the plaintiff or plaintiffs. A motion for summary adjudication shall be granted only if it completely disposes of a cause of action, a claim for damages, or an issue of duty. (o) A cause of action has no merit if either of the following exists: (1) One or more of the elements of the cause of action cannot be separately established, even if that element is separately pleaded. (2) A defendant establishes an affirmative defense to that...
2019.6.21 Demurrer 526
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2019.6.21
Excerpt: ...0 A.M. 2 The terms “discriminate” and “harass” appear in separate provisions and define distinct wrongs under FEHA. FEHA's discrimination provision addresses only explicit changes in the terms, conditions, or privileges of employment; that is, changes involving some official action taken by the employer (such as hiring, firing, failing to promote, adverse job assignment, significant change in compensation or benefits, or official disc...
2019.6.20 Demurrer 510
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2019.6.20
Excerpt: ...y has no legal right to relocate existing public utilities serving the Konzen property. (SAC ¶ 31) Plaintiffs have alleged an actual controversy, therefore they have stated sufficient facts to constitute a cause of action for declaratory relief. With respect to the argument that the SAC should be dismissed as a sham pleading due to the inconsistent allegations between the verified Answer in case no. 16CV00307 Konzen v City of Santa Cruz and the ...
2019.6.20 Demurrer, Motion to Strike 196
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2019.6.20
Excerpt: ... a cause of action for fiduciary duty, Plaintiff alleges Defendants owed a fiduciary duty to Plaintiff as his real estate agent and broker. (Complaint p. 10:8) Plaintiff also alleges Defendants breached their duty by saying Plaintiff had to be on title with Defendant and by working together to enter a lease agreement over Plaintiff's objection. (Complaint p. 10: ¶ 38) Plaintiff also alleges damage. (Prayer at pp. 14‐15). LAW AND MOTION TENTATI...
2019.6.18 Motion to Continue Trial 306
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2019.6.18
Excerpt: ...quiring the continuance. Petitioner claims that an essential expert witness, Dr. Richard Alloy, is unavailable during the scheduled trial dates. However, there is an alternative means to procure and preserve his testimony in that Dr. Alloy is still available on multiple dates in May, June and July during which he could appear for a deposition which could be video recorded for use at trial. Secondarily, Petitioner asserts that his client, Jessica ...
2019.6.18 Motion for Summary Adjudication of Punitive Damages 348
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2019.6.18
Excerpt: ...enied. Weil & Brown, Cal. Practice Guide: Civil Procedure Before Trial, The Rutter Group 2018 ¶ 10:95.1; Nazir v. United Airlines, Inc., 178 Cal. App. 4th 243, 252 (Cal. App. 1st Dist. 2009. The court has the inherent authority to strike proposed undisputed facts “that impede the ability of the court to determine whether the case presents triable issues of material facts”. Id., at 290. Defendant's Separate Statement includes numerous dispute...
2019.6.12 Motion for Sanctions 153
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2019.6.12
Excerpt: ...thy trial would continue into the week of May 6 the objection as to his unavailability appears valid and to have been made in good faith. It is harassment for attorneys to schedule discovery knowing that an opponent may be unable to respond, and doing so may result in sanctions, Tenderloin Housing Clinic, Inc. v Sparks (1992) 8 Cal. App. 4th 299, 305. The fact that Plaintiff Gill Jr. has testified that he worked only part‐time during that week ...
2019.6.10 Motion for Summary Adjudication 182
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2019.6.10
Excerpt: ...arately established, even if that element is separately pleaded. (p) 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. Once the defendant has met that burden, the burden shifts to the plaintiff to show that a tri...
2019.6.7 OSC to Enjoin Foreclosure Sale 558
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2019.6.7
Excerpt: ... remedy. Id., §9:522, 9:527. 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 that must be shown on the other. Id., at §9:531. The parties have given widely divergent declarations as to the events surrounding Steven Smith's work at the two properties owned by Mr. Valente, for whom Defendant French acted as real estate broker. The court is unable to ...
2019.6.4 Demurrer 962
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2019.6.4
Excerpt: ...Midtec, Inc. (2008) 168 Cal. App. 4th 1194, 1209, on which Viking relies, is factually distinguishable. There a builder brought a claim against a manufacturer under the Right to Repair Act, which provides that only homeowners can be “claimants”. The court found that the builder was limited to a claim for indemnity because he did not qualify as a “claimant” under the Act. The crosscomplaint by Above & Beyond is not brought under the Right ...
2019.5.29 Motion for Judgment on the Pleadings 087
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2019.5.29
Excerpt: ... Cal., (1986) 182 Cal. App. 3d 1079, 1083) Although here the Second Amended Criminal Complaint and the County's Civil Complaint both allege that Pastore violated Santa Cruz County Code Sections 16.20.210(a); 16.30.080(a);16.22.160(b); and 12.10.430(b), (see Complaint herein and Plaintiff's RJN Ex.'s F), the County's civil Complaint also alleges violations of Santa Cruz County Code Section 7.126.040. While the County states in a footnote that it d...
2019.5.24 Motion to Compel Depositions 348
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2019.5.24
Excerpt: ...s and Work Comp Vols List 6‐06 to 5‐07.xls that have been produced during this litigation is granted. The scope of the deposition is to be limited as discussed below. The discovery statutes "must be construed liberally in favor of disclosure… the broad scope of the discovery right, permitting a deponent to be examined " 'regarding any matter, not privileged, which is relevant to the subject matter involved in the pending action&...
2019.5.23 Motion for Summary Judgment 978
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2019.5.23
Excerpt: ...edge regarding how and when the spill that led to her fall occurred, and on an inspection report and a declaration of a store employee regarding store conditions. In order to meet its burden of production in a summary judgment motion, a defendant must show that there is a complete defense or that one or more of the elements cannot be established. Chevron U.S.A, Inc.vs. Superior Court (1992) 4 Cal. App.544,548. The defendant must show that under n...
2019.5.23 Demurrer, Motion to Strike 593
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2019.5.23
Excerpt: ...acity of a board member… The SAC contains no negligence claims against Doane. The allegations against Doane are contained in the Fourth Cause of action, as alleged an intentional tort, and the Fifth cause of action for Fraud, (as alleged, an intentional tort). Because the SAC contains only intentional tort allegations, not negligence allegations, the demurrer on this ground is overruled. (see also Weil & Brown Civil Procedure Before Trial (TRG ...
2019.5.22 Motion for Judgment on the Pleadings 087
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2019.5.22
Excerpt: ... Cal., (1986) 182 Cal. App. 3d 1079, 1083) Although here the Second Amended Criminal Complaint and the County's Civil Complaint both allege that Pastore violated Santa Cruz County Code Sections 16.20.210(a); 16.30.080(a);16.22.160(b); and 12.10.430(b), (see Complaint herein and Plaintiff's RJN Ex.'s F), the County's civil Complaint also alleges violations of Santa Cruz County Code Section 7.126.040. While the County states in a footnote that it d...
2019.5.17 Motion for Preliminary Injunction 250
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2019.5.17
Excerpt: ...he application for a preliminary injunction. Mr. Frey's May 3 letter requesting the continuance states only that “The defendants need time. to determine whether Ryan Rodriguez is guarantor on certain of the company vehicles as well as other business details”. Plaintiffs' application seeks a turn over order as to only one vehicle: a Ford truck. The hearing on this matter was originally set for May 10, has already been continued for six days, a...
2019.5.16 Motion to Reconsider 497
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2019.5.16
Excerpt: ... the same judge or court 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. The motion must be accompanied by an affidavit (declaration) from the moving party stating: ‐what ap...
2019.5.9 Motion to Quash Service of Summons 024
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2019.5.9
Excerpt: ...shown that there is an “affiliation between the forum and the underlying controversy, principally, an activity (engaged in by defendant) or an occurrence (caused by that activity) that takes place in the forum State”. “When there is no such connection jurisdiction is lacking regardless of the extent of a defendant's unconnected activities in the State…There must be a connection between the forum and the specific claims at issue”. Id. at...
2019.5.3 Motion to Exclude Late Disclosed Evidence 261
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2019.5.3
Excerpt: ...cuments; for when Defendant disclosed the identity of Cixi as the allegedly true manufacturer; or for what offers Defendant has made to remedy the late disclosure of Cixi as the allegedly true manufacturer. In addition, Defendant's opposition is devoid of any verified evidentiary support. Neither side has followed proper procedure for litigating this issue. The motion is therefore denied without prejudice. The court is also willing to entertain a...
2019.5.2 Motion to Approve Compromise of Minor 277
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2019.5.2
Excerpt: ...uested, Cal Rules of Court, Rule 7.955 Attorney's fees for services to a minor provides: (a) Reasonable attorney's fees “(1) In all cases under Code of Civil Procedure section 372 unless the court has approved the fee agreement in advance, the court must use a reasonable fee standard when approving and allowing the amount of attorney's fees payable from money or property paid or to be paid for the benefit of a minor”. Santa Cruz C...
2019.5.2 Motion for Summary Judgment, Adjudication 552
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2019.5.2
Excerpt: ...Issues 1‐4, 6, 9‐15, and 18 CRC 3.1350(d)((2) provides: “The separate statement should include only material facts and not any facts that are not pertinent to the .disposition of the motion”. Defendants' Separate Statement therefore concedes the materiality of each of the facts included therein. If triable issues are raised as to any one of these issues the motion must be denied. Weil & Brown, Cal. Practice Guide: Civil Procedure Before T...
2019.5.2 Motion to Tax and Strike Costs 477
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2019.5.2
Excerpt: ...judicial relief” or a recovery other than money. The condition was imposed only to confirm and clarify the representations made by Mr. Haag that he that he forever waived any rights to assign or license use of the property for skydiving purposes. Although Petitioners obtained their litigation objective, this was not the result of any actions or change in position by the County. As to the real Parties in Interest the evidence before the court d...
2019.4.4 Motion for Summary Judgment, Adjudication 462
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2019.4.4
Excerpt: ... or that Kramer's claim for sick pay and penalties is preempted by the Labor Management Relations Act (LMRA). I. ANALYSIS The court is to conduct a de novo trial of an appeal from a decision of the Labor Commissioner on an employee complaint regarding wage and hour violations, pursuant to Labor Code §98.2. However, on a motion for summary judgment Appellant bears the burden of persuasion that there is no triable issue of fact and that Appellant ...

200 Results

Per page

Pages