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

862 Results

Location: Santa Cruz x
2022.12.13 Demurrers to FAC 451
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.12.13
Excerpt: ...at[s] the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law ...." ' " (Berkley v. Dowds (2007) 152 Cal.App.4th 518, 525.) Alex Mohan‐Schulz, Camille Mohan‐Schulz, and Lee Schulz have brought this action against Defendant Irene Lowry, William Schulz, and Gobau, LLC. (First names will be used to avoid confusion as some of the parties share a last name.) There are five causes...
2022.12.09 Motion to Compel Responses, for Sanctions 149
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.12.09
Excerpt: ...esponses to the following: 1. Form Interrogatories, Set One, Nos. 17.1 for her RFA response nos. 1‐8; 2. Special Interrogatories, Set One, No. 1; 3. Request for Production, Set One, Nos. 1‐7; 4. Request for Admissions, Set One, Nos. 1‐7. Timeliness: As Plaintiff correctly points out, the motions were served by email five (5) days late (hearing date of 12/9/22 required an electronic service date of 11/10/22). However, Plaintiff has filed opp...
2022.12.08 Motion for Judgment on the Pleadings 907
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.12.08
Excerpt: ...dicially noticed by the court render the complaint meritless. McAllister v. County of Monterey (2007) 147 Cal.App.4th 253, 290. In addition to the facts pleaded, we may consider matters that may be judicially noticed, including a party's admissions or concessions which cannot reasonably be controverted. Pang v. Beverly Hospital, Inc. (2000) 79 Cal.App.4th 986, 989‐990. Privette doctrine: Plaintiff alleges negligence and negligent hiring causes ...
2022.12.08 Demurrer to FAC 094
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.12.08
Excerpt: ...ough two drainage pipes, which are part of the County's drainage system (the “Drainage Pipe System”), to a downstream outlet located on property which is owned by the City; and (2) the City's failure to maintain the City‐owned area of the outflow. The County alleges that the City's failure to manage the flow of its water, and its failure to maintain the outflow area, caused the scouring and removal of road fill, which undermined the structu...
2022.12.08 Demurrer 443
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.12.08
Excerpt: ...902, Defendants have a duty to report when a student engages in assault with a deadly weapon or certain drug offenses. Plaintiffs have plead such a mandatory duty; staff allegedly failed to report that student “K.O.” who fatally stabbed Gerardo, had brandished a knife and cut a different student just a week or so before and was on probation at the time of both incidents. (Complaint ¶¶19‐23) These facts at the pleading stage are sufficient...
2022.12.07 Motion to File FAC, for Further Sanctions 921
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.12.07
Excerpt: ...ion for leave to file a First Amended Complaint to add a cause of action for intentional infliction of emotional distress is granted. Leave of court is required to amend any pleading except as provided by CCP §§472 and 474. A judge may, in furtherance of justice and on proper terms, allow the amendment of any pleading at any time, even after commencement of trial. CCP §473(a), 576; Hong Sang Market, Inc. v. Peng (2018) 20 Cal.App.5th 474, 488 ...
2022.12.07 Motion to Compel Further Discovery Responses 245
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.12.07
Excerpt: ... 7, 2022 TIME: 8:30 A.M. 3 (Baughman Decl. Ex. B) On 9/29/22, Defendant served verified Second Supplemental Responses to those interrogatories, providing a substantive response. (Beck Decl. Ex. H) Therefore, this motion is moot. REQUEST FOR PRODUCTION NOS. 22 THRU 33: This motion is granted provided the parties fashion a protective order that is acceptable to the Court. Plaintiff Beronio seeks all documents and communications related to any damag...
2022.12.06 Demurrer to Writ of Mandate 936
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.12.06
Excerpt: ...as it does not state facts sufficient to constitute a cause of action as the verification of the Writ is improper. “A demurrer can raise any legal defect apparent on the face of the petition. This could include the lack of any beneficial interest, the existence of an adequate remedy at law, or the failure to state a claim for relief.” (1 California Writ Practice (4th ed. 2021) §8.41.) Parties are permitted to plead in the alternative. In thi...
2022.12.05 Motion for Leave to File FAC 678
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.12.05
Excerpt: ...dment is not precluded by delay or prejudice to Defendant. Defendant's discovery response promised providing the vet records, Defendant failed to provide those records, and Defendant denied any aggressive tendencies by his dog at deposition. Plaintiff did not discover medical documentation as to Pip's aggressiveness until the discovery was obtained via a subpoena. Due to Defendant's dilatory conduct in providing vet records and in deposition deni...
2022.12.01 Motions for Order Lifting Stay, for Leave to File FACC 689
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.12.01
Excerpt: ...be adjudicated in the United Kingdom. GFL and Carl then proceeded to litigate their claims in the High Court of Justice in the UK; and a final judgment was entered by that court on June 11, 2021. Mr. Carl now moves to lift the stay as to his remaining cross‐claim against GFL, for breach of a Supplemental Agreement; and as to his cross‐claim against Canepa Group, Inc. (Canepa), for negligent bailment. Mr. Carl also seeks to amend his cross‐c...
2022.12.01 Motion to Set Aside Default Judgment 112
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.12.01
Excerpt: ...t was entered on August 11, 2022 and Mr. Sump's on August 15, 2022. Defendants filed this motion on October 12, 2022. “'Whenever an application for relief is made no more than six months after entry of judgment, is in proper form, and is accompanied by an attorney's sworn affidavit attesting to his or her mistake, inadvertence, surprise, or neglect, [the court shall] vacate any (1) resulting default entered by the clerk...or (2) resulting defau...
2022.12.01 Motion for Reconsideration 735
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.12.01
Excerpt: ... be extended five calendar days, upon service by mail, if the place of address and the place of mailing is within the State of California... (c)In case of service by another method of delivery providing for overnight delivery... any period of notice and any right or duty to do any act or make any response within any period or on a date certain after service of the document served by Express Mail or other method of delivery providing for overnight...
2022.11.30 Motion to Compel Arbitration and Dismiss Complaint 185
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.11.30
Excerpt: ...of Appeal, which affirmed the trial court's orders granting the employer's motion to compel individual arbitration of wage and hour claims and dismissing with prejudice the employee's representative claims and class claims under the Private Attorneys General Act. (PAGA), Lab. Code, § 2968 et seq., On 6/23/14, the CA Supreme Court reversed, finding that where an employment agreement compels the waiver of representative claims under the PAGA, it i...
2022.11.22 Motions to Dismiss, for Relief, to Consolidate, Demurrer 383
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.11.22
Excerpt: ... Regents, the County immediately filed the Request for Hearing the next day, on September 21, 2022. The Regents move to dismiss the CEQA claims based on this mistake, asserting that filing the Request for Hearing by the statutory deadline is a jurisdictional requirement, and that dismissal is mandatory. The County seeks relief from its failure to file a timely Request for Hearing, requesting an order amending the proceedings and treating the Requ...
2022.11.21 Motions to Compel Responses, for Terminating Sanctions 316
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.11.21
Excerpt: ...JOHN ELLIOTT TO REQUEST FOR PRODUCTION AND TERMINATING SANCTIONS The motions for special and form interrogatories are granted (the Court finds no previous motions to compel documents in the court file). The Court orders further monetary sanctions in the amount of $2,110.00 imposed against both Defendants and their attorney of record and strikes the Answers of Defendants Lisa Jewett and John Elliott. Defendants have engaged in extensive and willfu...
2022.11.21 Motion to Enforce Settlement Agreement 253
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.11.21
Excerpt: ...ty of the agreement. (Blix Street Records, Inc. v. Cassidy (2010) 191 Cal.App.4th 39, 48 [119 Cal.Rptr.3d 574].) The discrepancy here is whether or not the website www.mercercaverns.com including the domain name has been transferred to Plaintiff. Ms. DiBenedetto states in her declaration that the subject domain has been effectively transferred to Plaintiffs. (DiBenedetto Dec. ¶11) Mr. Rodriguez says, “It is disputed whether or not the defendan...
2022.11.21 Motion for Attorney Fees 945
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.11.21
Excerpt: ...npaid debt totaling well under the jurisdictional limit of $25,000 (First Amended Complaint ¶4) • Plaintiff recorded a lis pendens that stated an “alleged breach of contract and real property claims” and that an active lawsuit was pending when it was not • Plaintiff recorded the lis pendens without any “real property claim” • Plaintiff has produced no lien, mechanic's lien, or note attached to the property that would require such d...
2022.11.17 Motion to Set Aside Default, Judgment 985
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.11.17
Excerpt: ... sent to Defendant at this same Scotts Valley address; On 3/30/22 Defendant's default was entered; and on 4/6/22 a Default Judgment was entered against Defendant for $4834.59. On 7/15/22 a Notice of Entry of Judgment was served on Defendant by mail, sent to the same Scotts Valley address. LAW AND MOTION TENTATIVE RULINGS DATE: NOVEMBER 17, 2022 TIME: 8:30 A.M. 3 Defendant now moves to set aside the judgment under CCP§473, based on mistake, inadv...
2022.11.17 Demurrer to FAC 610
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.11.17
Excerpt: .... Code §56.20(c). Civ. Code §56.20(b) provides: (b) No employee shall be discriminated against in terms or conditions of employment due to that employee's refusal to sign an authorization under this part. However, nothing in this section shall prohibit an employer from taking such action as is necessary in the absence of medical information due to an employee's refusal to sign an authorization under this part. Plaintiff alleges that he was aske...
2022.11.14 Demurrer, Motion to Strike 499
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.11.14
Excerpt: ...fn. 9 [35 Cal.Rptr.3d 206].) Next as to Petitioner's objections to Respondents' affirmative defenses, “In recent years great changes have been wrought by the code in the rules for the construction of pleadings. For sufficiency of the facts pleaded, courts look to substance, not to form. The basic principle of the code procedure is that the administration of justice should not be embarrassed by technicalities, strict rules of construction, or us...
2022.11.10 Motion for Summary Adjudication 300
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.11.10
Excerpt: ...ive equity was added to the amount Plaintiff financed for the Tiguan. (UDMF#4.) The purchase price for the Volkswagen Tiguan was $51,830.64. The amount financed was $45,349.04. Plaintiff paid $6,800 in cash at the time, as well. It is not disputed this amount was paid but rather what the payment went towards. Plaintiffs argue it went towards the down payment on the Tiguan. Defendants contend this cash went toward off‐setting the negative equity...
2022.11.10 Motion for Attorney Fees 339
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.11.10
Excerpt: ...as “Notice of Entry of Order” and is dated 8/27/22. Plaintiffs fail to address this late filed proof in any declaration. Pursuant to California Rules of Court, Rule 8.108(c), a motion to vacate a judgment operates to extend the time to file a notice of appeal (and motions for attorneys' fees) to the earliest of: (1) 30 days after the court mails or a party serves an order denying the motion to vacate; (2) 90 days after the first notice of int...
2022.11.10 Demurrer to Writ of Petition and Complaint 889
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.11.10
Excerpt: ...irst cause of action, brought under CCP §1085, concerning “notice requirements”. The demurrer to this cause of action is sustained based on uncertainty. Petitioner has not opposed the demurrer to the second cause of action, brought under CCP §1085 for alleged due process violations based on evidentiary decisions. Petitioner has failed to state a cause of action, as evidentiary decisions are discretionary, and mandamus relief is unavailable....
2022.11.09 Demurrer 609
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.11.09
Excerpt: ... purpose of that restriction, and no specified “view protection.” There are several other restrictions listed in the deeds that appear to be unenforceable and/or antiquated (for example, “there shall never be constructed or maintained on said property any residence costing less than $1500.00; [...] that no building on said property shall remain unpainted or unstained for more than 30 days except as to the portions thereof covered by shingle...
2022.11.08 Demurrer to FAC 079
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.11.08
Excerpt: ...hich judicial notice has been taken. The court “construes the pleading in a reasonable manner and read the allegations in context. “Fremont Indemnity Co. v. Fremont General Corp., (2007) 148 Cal. App. 4th 97, 111. On a demurrer, a court's function is limited to testing the legal sufficiency of the complaint. “‘A demurrer is simply not the appropriate procedure for determining the truth of disputed facts.'” Id at 114 citing, Ramsden v. W...
2022.11.03 Motion to Compel Further Responses, for Monetary Sanctions 279
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.11.03
Excerpt: ...admission served with these interrogatories an unqualified admission? If not, for each response that is not an unqualified admission: (a) State the number of the request; (b) State all facts upon which you base your response; (c) State the names, ADDRESSES, and telephone numbers of all PERSONS who have knowledge of those facts; and (d) Identify all DOCUMENTS and other tangible things that support your response and state the name, ADDRESS, and tel...
2022.11.03 Motion for Leave to File FAC 129
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.11.03
Excerpt: ...gs various challenges to the validity of the allegations made in the proposed amended complaint. These are not a basis for denying leave to amend, given the strong judicial policy favoring amendment. Any grounds for a demurrer or a motion to strike can be raised after leave to amend has been granted. Weil & Brown, Civil Procedure Before Trial, Rutter Group, §§6;638, 6:644. While a sham amendment that contradicts an earlier pleading is a basis f...
2022.10.27 Motion to Compel Arbitration, Dismiss Representative Claims and Stay Action 391
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.10.27
Excerpt: ...ssue sought to be precluded from relitigation must be identical to that decided in a former proceeding. Second, this issue must have been actually litigated in the former proceeding. Third, it must have been necessarily decided in the former proceeding. Fourth, the decision in the former proceeding must be final and on the merits. Finally, the party against whom preclusion is sought must be the same as, or in privity with, the party to the former...
2022.10.27 Motion for Attorney Fees 339
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.10.27
Excerpt: ...alifornia Rules of Court, Rule 8.108(c), a motion to vacate a judgment operates to extend the time to file a notice of appeal (and motions for attorneys' fees) to the earliest of: (1) 30 days after the court mails or a party serves an order denying the motion to vacate; (2) 90 days after the first notice of intention to move or the motion is filed; or (3) 180 days after entry of judgment. (See also Rule of Court 3.1702(b)(1), time to file motion ...
2022.10.26 Demurrer, Motion for Judgment on the Pleadings 807
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.10.26
Excerpt: ...alleges private and public nuisances have been created by speeding drivers outside of his home on Glen Canyon Road. Plaintiff alleges “[d]efendants are the owners and/or drivers in possession and control of certain motor vehicles driven in the recent past on Glen Canyon Road in Santa Cruz County past Plaintiff's home at excessive speed and recklessness.” (Plaintiff's Complaint ¶2). The defendants have “caused highly dangerous conditions to...
2022.10.25 Motion to Strike Complaint 539
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.10.25
Excerpt: ...to make their claims for breach of contract and breach of the implied covenant of fair dealing based upon their status as an insured. As to punitive damages, Plaintiffs' allegations that CAFPA failed over a lengthy period of time to perform its duty to investigate and adjust the claim, willfuly ignored evidence, and that such conduct was ratified by a managing agent are sufficient to support a claim for punitive damages at the pleading stage. (Co...
2022.10.24 Motion for Prejudgment Interest and Tax Neutralization, to Stay Enforcement of Judgment 488
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.10.24
Excerpt: ...t of no other California authority on point. Further, Plaintiff is not entitled to statutory prejudgment interest since he failed to seek that relief from the jury (Civil Code §3288; Greater Westchester Homeowners Assn. v. City of Los Angeles (1979) 26 Cal.3d 86, 103) and failed to submit any CCP §998 offer and obtain a more favorable judgment (Civil Code §3291). Tax neutralization generally applies to cases in which several years of back wage...
2022.10.20 Motion to Enforce 710
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.10.20
Excerpt: ...ny information besides the individual account information for other non‐party consumers from the documents it has produced. If it hasn't and if the master purchase agreement and verification are served prior to or at the hearing, the motion to enforce court order as to RFP no. 3 will be denied. As to RFP no. 16, Plaintiff/Cross‐Defendant needs to identify the responsive documents it is producing responsive to the request, as required by Code ...
2022.10.20 Motion for Preliminary Injunction 609
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.10.20
Excerpt: ...tential–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. A court should only grant a preliminary injunction if the plaintiff shows a “reasonable probability” that it would prevail at trial and would suffer more harm from a denial than the defendant would suffer from its grant. Robbins v. Superior Court (1985) 38 Cal.3d 199, 205‐206. However, it is an abuse of ...
2022.10.19 Motion for Preliminary Approval of Class Action Settlement 783
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.10.19
Excerpt: ...oses of the underlying cause of action, to child advocacy programs, or to nonprofit organizations providing civil legal services to the indigent” (Code Civ. Proc., § 384 (b) or providing the name of an appropriate cy pres recipient. (If a proposed settlement does not expressly provide that fund not claimed by the class are retained by, or revert to, the defendant, Code of Civil Procedure section 384 requires payment of the residue to a cy pres...
2022.10.18 Motion for Change of Venue, for Summary Judgment 844
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.10.18
Excerpt: ... Civil Procedure section 397 motion is not specified; however, a motion for change of venue based on convenience of witnesses must be made within a reasonable time after the answer is filed. What constitutes “reasonable time” lies primarily in the trial court's discretion. Weil & Brown, Civil Procedure Before Trial (the Rutter Group 2021) at section 3:559.5, citing Cooney v Cooney (1944) 25 Cal.2d 202, 208. “... [A] ‘reasonable time' depe...
2022.10.17 Motion to Enforce Partition Order, for Appointment of Broker, for Reconsideration Denying Prohibitory Injunction 024
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.10.17
Excerpt: ...his motion is granted. The Court's 7/22/22 Judgment states: “Based upon the initial two causes of action [breach of contract and breach of covenant of good faith and fair dealing], and the evidence presented, the Court will find in favor of the Defendant.” (Judgment, 5:8‐10) “This Court finds in favor of the Plaintiffs as to the Partition Cause of Action. Partition by Sale will be ordered. All parties will comply with their relative respo...
2022.10.17 Demurrer, Motion to Strike, Special Motion to Strike 754
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.10.17
Excerpt: ...ation of his or her rights or duties with respect to another ... may, in cases of actual controversy relating to the legal rights and duties of the respective parties, bring an original action or cross‐complaint in the superior court for a declaration of his or her rights and duties ..." "The fundamental basis of declaratory relief is the existence of an actual, present controversy over a proper subject." Otay Land Co. v. Royal Indemnity Co. (2...
2022.10.11 Motion for New Trial 029
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.10.11
Excerpt: ... the court or abuse of discretion by which either party was prevented from having a fair trial. 2. Misconduct of the jury; and whenever any one or more of the jurors have been induced to assent to any general or special verdict, or to a finding on any question submitted to them by the court, by a resort to the determination of chance, such misconduct may be proved by the affidavit of any one of the jurors. 3. Accident or surprise, which ordinary ...
2022.10.07 Motion to Set Aside Default Judgment 741
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.10.07
Excerpt: ... it never intended...When a default judgment has been obtained, equitable relief may be given only in exceptional circumstances. ..." To set aside a judgment based upon extrinsic mistake one must satisfy three elements. First, the defaulted party must demonstrate that it has a meritorious case. Second, the party seeking to set aside the default must articulate a satisfactory excuse for not presenting a defense to the original action. Last, the mo...
2022.10.06 Motion to Compel Further Answers to Discovery 342
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.10.06
Excerpt: ...incident. Plaintiff's initial response to both interrogatories was “unknown”. His amended response stated “not relevant or likely to lead to the discovery of admissible evidence because Plaintiff is not seeking past medical expenses as a component of his damages”. Defendant argues that since Plaintiff has not abandoned any claim for the costs of future care and medications, the amount he incurred in the past is probative of the amount he ...
2022.10.06 Motion for Sanctions 004
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.10.06
Excerpt: ...t 5, and waiting beyond the 21 day safe harbor period to file the motion, on August 29, 2022. The Court further finds that Mr. Lindow's Motion for Return of Property violated §128.7(b)(1)‐(3), in that the allegations and factual contentions therein were without evidentiary support, and were in fact demonstrably false based on the April 17, 2017 transcript of the hearing before Judge Almquist in the Tabatabai's divorce proceedings; the legal co...
2022.10.06 Motion for Leave to File FAC 844
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.10.06
Excerpt: ...that an additional change Plaintiff seeks to make is the addition of “Breach of Contract” as to the CSAA and CEA Defendants under the Second Cause of Action heading. Plaintiff states she seeks to add an intentional infliction of emotional distress claims, based on facts already pleaded.” (Plaintiff's P&A's at p.3.) Plaintiff's counsel states “[a]fter reviewing Defendants' most recent motion for summary judgment and critically re‐analyzi...
2022.10.04 Motions for Reconsideration, Renewed Motions, and Motions for Relief from Default 585
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.10.04
Excerpt: ... only on the following conditions: (1) motion must be based on new or different facts, circumstances or law; and (2) the motion must be supported by a declaration showing ...what new or different facts or circumstances or law are claimed to exist.” Weil & Brown Civil Procedure Before Trial (the Rutter Group 2021) at §9:337; Code of Civil Procedure section 1008(b). In a personal injury or wrongful death case, the Code of Civil Procedure section...
2022.10.04 Motion for Summary Judgment, Adjudication 713
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.10.04
Excerpt: ...tends are disputed. Each material fact contended by the opposing party to be disputed shall be followed by a reference to the supporting evidence. Failure to comply with this requirement of a separate statement may constitute a sufficient ground, in the court's discretion, for granting the motion. (c) The motion for summary judgment shall be granted if all the papers submitted show that there is no triable issue as to any material fact and that t...
2022.10.04 Demurrer 107
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.10.04
Excerpt: ...e has done. It is improper to plead the evidence by which he plans to prove the ultimate facts, as Defendants seem to argue; and had Plaintiff done so that evidentiary matter would be subject to a motion to strike as “surplusage”. Weil & Brown, California Procedure Before Trial §6:127. The Demurrer itself does not comply with CRC 3.1320 (a), which requires that a demurrer state whether the ground asserted is to the entire pleading or to some...
2022.09.30 Petition for Writ of Mandate 022
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.09.30
Excerpt: ... and issuing the Notice of Determination. These combined actions are referred to herein as the “SHW Approvals”. The challenged SHW Approvals followed this Court's issuance of a writ in East Meadow Action Committee v Regents (19CV01312‐‐EMAC) directing the University to set aside its 2019 approvals of the SHW Project based on a finding that violations of CEQA had occurred in the 2019 approval process. Specifically, this Court found that th...
2022.09.30 Motion for Judgment on the Pleadings 060
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.09.30
Excerpt: ...from a combination of Defendants' failures to provide decedent with adequate services to meet his basic medical needs, resulting in pain, suffering, a COVID‐19 infection, and ultimately death. (Complaint ¶10, 17‐19, 23‐27, 32‐33, 46‐52, 56.) The PREP Act immunizes "Covered Persons," "Program Planners," and "Qualified Persons" who affirmatively administer a covered countermeasure. Here, Plaintiffs' Complaint alleges that it was, in fact...
2022.09.30 Demurrer 567
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.09.30
Excerpt: ...at SIBANNIC had “applied for federal registrations for the mark” but SIBANNIC can't ignore the remainder of QLORA'S allegations in order to win at demurrer. The FACC and Ex. B clearly establish that QLORA entered into the agreement with an understanding that SIBANNIC could actually deliver a registered mark to them for exclusive use in California, yet SIBANNIC failed to have such a mark. (FACC ¶¶ 7‐67) SIBANNIC also argues that there was ...
2022.09.29 Special Motion to Strike FAC 970
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2022.09.29
Excerpt: ...h in connection with a public issue.” Where a cause of action is “mixed,” and is based on both protected and non‐ protected activity, the entire cause of action may be stricken under §425.16 if the principal thrust or gravamen of the claim is protected activity. If the court determines that the defendant has made this threshold showing, the burden shifts to plaintiff to demonstrate a probability of prevailing on the claim, by showing tha...

862 Results

Per page

Pages