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200 Results

Location: Santa Cruz x
2019.4.17 Motion for Terminating Sanctions 920
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2019.4.17
Excerpt: ...ntiff has failed to obey the court order and the motion for sanctions will be granted as set forth below. B. Form Interrogatories Plaintiff has also failed to obey the court order to produce further responses to Lyng's Form Interrogatories, Set One. Therefore the motion for sanctions will be granted as set forth below. C. Request for Production Plaintiff has failed to obey the court order to produce complete responses to Lyng's Request for Produc...
2019.4.12 Motion to Compel Deposition 306
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2019.4.12
Excerpt: ...ompel pursuant to Cal Code Civ Proc § 2025.480(b) applies, not the 20 days set forth in CCP § 1985.3(g). Calcagno purports to have mailed written objections on 12/21/18 electronically and by US mail. (No proof of service by mail pursuant to CCP § 1013a or proof of electronic service compliant with CCP§ 1013b has been filed.) Sixty days from 12/21/18 is 2/19/19. Adding two court days for electronic service pursuant to CCP § 1010.6(a)(3) is 2/...
2019.4.10 Motion to Continue Trial 293
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2019.4.10
Excerpt: ...to serve discovery until Jan. 17, 2019. Moreover, although Plaintiff's discovery responses were apparently due Feb. 16, 2019 and Defendant has not yet received them, it does not appear from the court file or the pleadings that Defendant has filed a motion to compel those responses. In addition, there is an alternative means to address the problem that gave rise to the motion for a continuance in that Defendant can file an ex parte application to ...
2019.4.4 Motion for Attorney's Fees 358
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2019.4.4
Excerpt: ...App. 4th 1187,1196) As to whether attorney's fees should not be awarded because neither side argued that the written contract was entered or agreed to, whether a party is entitled to attorney's fees for the purpose of invoking Civil Code section 1717 depends not on the evidence adduced at trial or some interim proceeding, but on the pleadings"(Manier v. Anaheim Bus. Ctr. Co., (1984) 161 Cal. App. 3d 503, 508). Here Plaintiffs allege in the SA...
2019.3.28 Motion to Stay or Dismiss Complaint 689
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2019.3.28
Excerpt: ...g based on its interpretation of the Purchase Agreement under English law. The court assumes that the U.K. court will determine the financial obligations at issue between Carl and Fisken arising under the Purchase Agreement. Thereafter, this Court will determine Canepa's obligations concerning time, manner and place of LAW AND MOTION TENTATIVE RULINGS DATE: MARCH 28, 2019 TIME: 8:30 A.M. delivery of the gear box and any other issues not resolved ...
2019.3.28 Motion to Expunge Lis Pendens 615
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2019.3.28
Excerpt: ...n Castro v. Superior Court, (2004) 116 Cal. App. 4th 1010, 1022‐1023. Although the complaint here contains a cause of action for declaratory relief which would, if meritorious, affect the use of an easement identified in the pleading and therefore constitutes a “real property claim”, Plaintiff did not establish by a preponderance of the evidence the probable validity of her claim. Therefore, had the lis pendens not been withdrawn, the Court...
2019.3.27 Motion for Judgment that Lien Asserted is Null and Void 038
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2019.3.27
Excerpt: ...r and/or file its own cross‐complaint. The Cross‐Complaint filed by Alfredo Trinidad and the Landis Law Firm is therefore not yet at issue. Additionally, Cross‐Complainants have not provided authority for determining the competing claims of the parties on a regular motion as opposed to a motion for summary judgment ...
2019.3.26 Demurrer 251
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2019.3.26
Excerpt: ... (2016) 63 Cal. 4th 148, 155 as “where a person has assumed significant responsibility for attending to one or more of those basic needs of the elder or dependent adult that an able bodied and fully competent adult would ordinarily be capable of managing without assistance”. A landlord‐tenant relationship is not a caretaking or custodial relationship under this definition. Plaintiff has also failed to allege an Elder Abuse cause of action b...
2019.3.21 Motion for Leave to Amend Answer 059
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2019.3.21
Excerpt: ...a consideration as is the policy of trying cases upon their merits.” (3 Witkin CA Procedure (5th Ed. 2008) Actions § 433.) Although Plaintiff argues that the Court previously determined that Defendant waived or forfeited the limitations defense in its ruling on the summary judgment motion. (Opposition p. 3:10), as Defendant correctly points out, the Court's Order denying the MSJ states, “IT IS ORDERED that the motion for summary judgment is ...
2019.3.15 Petition for Writ of Mandate and Complaint for Declaratory and Injunctive Relief 803
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2019.3.15
Excerpt: ...clude facts or expert opinion and therefore did not raise a significant environmental effect; that the EIR was not legally required to analyze the Project's consistency with the SSCCP; that with augmentation of the Administrative Record and the lodging of a certified addendum to the Administrative Record, the Administrative Record is sufficiently LAW AND MOTION TENTATIVE RULINGS DATE: MARCH 8, 2019 TIME: 8:30 A.M. complete; and that Petitioner's ...
2019.3.14 Motion to Enforce Settlement 495
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2019.3.14
Excerpt: ...ts to litigate its bad faith claims against NASIC. Plaintiff does not dispute that the 10/9/13 General Indemnity Agreement between Plaintiff and NASIC controls their rights and obligations. Nor does it appear that Plaintiff disputes that it was in breach of its obligations owing to NASIC when it failed to pay subcontractors and failed to respond to NASIC's collateral demand of 3/11/16. Accordingly, pursuant to the Assignment clause of the Indemni...
2019.3.12 Demurrer 771
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2019.3.12
Excerpt: ...its”. Lantzy v Centex Homes (2003) 31 Cal. 4th 363, 369. Plaintiff is therefore unable to rely on the “discovery rule” to extend the 10‐year limitations period., which expired, at the latest, by January 2014. While equitable estoppel may extend the 10‐year limitations period under Lantzy, Plaintiff has pled no facts indicating that defendants' conduct directly prevented her from filing suit. Plaintiff's allegations fall short of those a...
2019.3.8 Petition for Writ of Mandate and Complaint for Declaratory and Injunctive Relief 803
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2019.3.8
Excerpt: ...clude facts or expert opinion and therefore did not raise a significant environmental effect; that the EIR was not legally required to analyze the Project's consistency with the SSCCP; that with augmentation of the Administrative Record and the lodging of a certified addendum to the Administrative Record, the Administrative Record is sufficiently LAW AND MOTION TENTATIVE RULINGS DATE: MARCH 8, 2019 TIME: 8:30 A.M. complete; and that Petitioner's ...
2019.3.7 Motion for Summary Judgment, Adjudication 544
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2019.3.7
Excerpt: ...ormed and believes that in or around November or December 2016, the servicing of his mortgage loan transferred to Defendant Bayview. However, Plaintiff was not notified of the servicing transfer by either SPS or Bayview prior to the date that the servicing of his loan transferred to Bayview.” (Complaint ¶ 08) However SPS provides a copy of a letter dated 11/14/16 indicating servicing of the Loan was being transferred to Bayview. (Defendant's C...
2019.3.5 Petition to Compel Arbitration 106
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2019.3.5
Excerpt: ...972) the lease provision here that provides for mandatory arbitration is unenforceable as it is both procedurally and substantively unconscionable. (see Penilla v. Westmont Corp., (2016) 3 Cal. App. 5th 205, 212‐218) The arbitration provision is procedurally unconscionable in that: ‐It did not detail the amount of arbitration fees. Nor were fee schedules for JAMS arbitrators attached. (see Ex. A to ELP Petition to compel filed 11/26/18) ‐...
2019.2.28 Motion for Summary Judgment, Adjudication 544
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2019.2.28
Excerpt: ...ormed and believes that in or around November or December 2016, the servicing of his mortgage loan transferred to Defendant Bayview. However, Plaintiff was not notified of the servicing transfer by either SPS or Bayview prior to the date that the servicing of his loan transferred to Bayview.” (Complaint ¶ 08) However SPS provides a copy of a letter dated 11/14/16 indicating servicing of the Loan was being transferred to Bayview. (Defendant's C...
2019.2.27 Motion to Strike Punitive Damages 832
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2019.2.27
Excerpt: ...nt ¶¶ 37,60,63) “Nonintentional torts may also form the basis for punitive damages when the conduct constitutes conscious disregard of the rights or safety of others. ( Taylor v. Superior Court, supra, 24 Cal.3d 890; G. D. Searle & Co. v. Superior Court (1975) 49 Cal. App. 3d 22 [122 Cal. Rptr. 218].) Nonintentional conduct comes within the definition of malicious acts punishable by the assessment of punitive damages when a party intentionall...
2019.2.27 Motion to Expunge Lis Pendens 555
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2019.2.27
Excerpt: ...ts have met their burden of overcoming the presumption of reasonableness of enforcing the 1954 CC&R's today. (Nahrstedt v. Lakeside Village Condominium Assn., (1994) 8 Cal. 4th 361, 380‐381): 1. Increasing housing for low to moderate residents is a public policy: (see Alfaro v. Community Housing Improvement System & Planning Assn., Inc., (2009) 171 Cal. LAW AND MOTION TENTATIVE RULINGS DATE: FEBRUARY 27 , 2019 TIME: 8:30 A.M. App. 4th 1356,...
2019.2.26 Motion to Amend Judgment 430
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2019.2.26
Excerpt: ...bts (TRG 2018) §6:1564.) Here the judgment is against Defendant Marcia McClosky, an individual. (see Ex. A to Motion.) In addition, out of due process concerns, a default judgment, such as the one obtained here, is not subject to such an amendment (based on an alter ego theory). (Motores de Mexicali, S. A. v. Superior Court of Los Angeles County, (1958) 51 Cal. 2d 172,178) The motion to amend the judgment is denied without prejudice. ...
2019.2.26 Demurrer 510
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2019.2.26
Excerpt: ....A to Konzen Reply, Dervishian's First Amended Answer to FAC in case no. 16CV00307 p. 2:6‐13.) This allegation is inconsistent with the allegation in the FAC that “Plaintiffs are informed and believe, and thereon allege, that the City has no easement for public utilities situated with[in] the boundaries of Doane Street or Stable Street” (FAC ¶ 9), “The general rule, is that material factual allegations in a verified pleading that are omi...
2019.2.21 Motion for New Trial 683
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2019.2.21
Excerpt: ...owledge and Evid. Code Sec. 1150: Sustained. Declaration of Roxanne Thompson 6. Paragraph 5 on the grounds speculative and no personal knowledge: Sustained. 7. Paragraph 6 on the grounds of hearsay, irrelevant, lack of foundation and Evid code Sect. 1150: Sustained. 8. Paragraph 7 on the grounds Evidence Code § 1150, and irrelevant: Sustained. 9. Paragraph 8 on the grounds of hearsay, Evidence Code § 1150, and irrelevant: Sustained. LAW AND MOT...
2019.2.8 Motion for Summary Judgment, Adjudication 222
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2019.2.8
Excerpt: ...stablished, or that there is a complete defense to the cause of action. There is a triable issue of material fact if, and only if, the evidence would allow a reasonable trier of fact to find the underlying fact in favor of the party opposing the motion in accordance with the applicable standard of proof…If there is a single such issue, the motion must be denied…On a motion for summary adjudication , the test is whether there is any “triable...
2019.2.7 Demurrer, Motion to Strike 267
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2019.2.7
Excerpt: ...bstantive law. (Lawrence v. Bank of Am.(1985), 163 Cal. App. 3d 431, 436) MOTION TO STRIKE PORTIONS OF FAC Plaintiff has not alleged conduct which is despicable, i.e. so vile, base, contemptible, miserable, wretched or loathsome that it would be looked down upon and despised by ordinary decent people. (Tomaselli v. Transamerica Ins. Co., (1994) 25 Cal. App. 4th 1269, 1286‐1287) Nor has she provided support for the notion that the probable (as o...
2019.2.5 Demurrer 004
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2019.2.5
Excerpt: ...do not demonstrate that the corporate contract is unenforceable based on the statute of frauds, because (1) the contract was not impossible to be performed within one year, as a sale of Enabledware and the repayment of the loan from the sale proceeds could have happened at any time: (2) the FAC alleges that the contract was documented in writing; and (3) the FAC does not demonstrate that Plaintiff was in the business of lending, and instead only ...
2019.2.4 Motion for Summary Adjudication 303
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2019.2.4
Excerpt: ...ocedure Before Trial, Weil & Brown, 2018, 10:270‐271. Pg. 10‐130‐ 131.) The evidence here would allow a reasonable trier of fact to find that SARL IROC, through its agent Lecourt, entered the contract and therefore has standing. (see Exhibits B and Exh. C to Plaintiff's separate statement, Sale and Purchase Agreement dated 1/19/16 and emails dated Jan. 12 & 13, 2016 between Jordan and Lecourt.) As to whether Plaintiff has standing to bring ...

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