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921 Results

Location: Santa Cruz x
2023.11.03 Motions for Terminating Sanctions, to Deem RFAs Admitted 293
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2023.11.03
Excerpt: ... related to an auto accident that occurred on 10/26/22. A truck operated by Ortega Berry Farms rearended Ms. Allison's car, which in turn, rearended the Plaintiffs' car. On 8/4/23, this Court granted Plaintiffs' attornevs motion to be relieved, on the grounds there were communication issues and his clients had not cooperated with prosecuting the case. Plaintiffs have failed to respond to any discovery in this action. As a result, Defendant Alliso...
2023.11.03 Motion for Summary Judgment 084
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2023.11.03
Excerpt: ...n shall be served and filed not less than 14 days preceding the noticed or continued date of hearing, unless the court for good cause orders otherwise. The opposition, where appropriate, shall consist of affidavits, declarations, admissions, answers to interrogatories, depositions, and matters of which judicial notice shall or may be taken. (c) The motion for summary judgment shall be granted if all the papers submitted show that there is no tria...
2023.11.02 Petition for Writ of Mandate 838
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2023.11.02
Excerpt: ...nts") The Project is a 74,218 square foot, two-story senior housing facility that consists of a total of 76 units, including 59 assisted living units, and15 memory care units. Thirteen of the units will have full kitchens, and three of these units will be affordable housing. The Project is located on a 3-acre parcel on Pelton Avenue, (the former site of Gateway School), adjacent to the 3.97- acre parcel on West Cliff Drive occupied by St. Joseph'...
2023.10.31 Motion for Judgment on the Pleadings 971
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2023.10.31
Excerpt: ...) negligent supervision of a minor; and (5) breach of mandatory duty. Here, the District argues that the Legislature has exceeded its authority in reviving old childhood sexual assault actions since to do so strips public entities of their sovereign immunity. The motion is denied since the Legislature has consistently expressed its desire that sex abuse victims, regardless of time-barred actions, be able to seek redress against both private and p...
2023.10.31 Motion for Judgment on the Pleadings 166
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2023.10.31
Excerpt: ...egislature has exceeded its authority in reviving old childhood sexual assault actions since to do so strips public entities of their sovereign immunity. The motion is denied since the Legislature has consistently expressed its desire that sex abuse victims, regardless of time-barred actions, be able to seek redress against both private and public entities and this Court will not disturb the Legislature's revival of these claims. REVIVAL ACTIONS ...
2023.10.30 Motion to Determine Prevailing Party and Attorney Fees 340
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2023.10.30
Excerpt: ... 6/22/22 and alleges breach of contract, implied covenant of good faith and fair dealing, conversion, trespass to chattels, negligence, violation of Cal. Business and Prof. Code 517200 and declaratory relief. The Complaint, in pertinent part, alleges "[a]s a result of the Defendants' refusal to abide by the terms of the Contract and continued unlawful possession, custody, and/or control of the Association's records and files, Plaintiff has been d...
2023.10.26 Motion for Order to Charge Member's Interest 872
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2023.10.26
Excerpt: ... judgment in the amount of as well as $15,681.83 in attorney's fees and costs. of Ball at 92.) On March 3, 2023 the court entered an amended judgment with prejudgment interest of $42,191.80 and $15,681.83 in attorney's fees. of Ball at 4.) Judgement Creditor asserts as of July 25, 2023, the amount of unpaid stands at $808,518.77. (Dec. of Ball at 98.) Judgment Creditors now seek an Order Charging Interest in a Limited Liability Company. Specifica...
2023.10.25 Demurrer, Motion to Strike 774
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2023.10.25
Excerpt: ...ct of the complaint is good against a demurrer. "[Wle are not limited to plaintiffs' theory of recovery in testing the sufficiency of their complaint against a demurrer, but instead must determine if the factual allegations of the complaint are adequate to state a cause of action under any legal theory." Quelimane Co. v. Stewart Title Guaranty Co. (1998) 19 Cal.4th 26, 38. To survive a demurrer, the complaint need only allege facts sufficient to ...
2023.10.20 Motion for Summary Judgment, Adjudication, for Leave to File SAC 735
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2023.10.20
Excerpt: ...otion for summary judgment/adjudication is denied on the grounds there are material facts in dispute as to Plaintiff's status as an employee or an independent contra ctor. The Court also declines to contnue this motion on the grounds that no adequate showing has been made to justify any continuance pursuant to CCP S437c(h). Plaintiff's motion for leave to file a Second Amended Complaint (SAC) is granted to name new defendant Alliance Manufactured...
2023.10.19 Motion to Compel Further Responses 342
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2023.10.19
Excerpt: ...efendant formed a partnership which involved a business called Santa Cruz Parkour as well as "Beism." On January 11, 2023 Defendant alleges he was terminated by Plaintiff and barred him from the premises. This suit ensued; Plaintiff alleges breach of contract, breach of fiduciary duty, breach of the duty of faith and fair dealing, conversion, dissolution of partnership, accounting, failure to pay minimum wage and overtime, failure to provide meal...
2023.10.17 Motion to Compel Further Responses, for Sanctions 907
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2023.10.17
Excerpt: ...rrow the time span to 10 years, instead of 18, and argues the contracts are necessary to show the working relationship between Arborworks and the State, and to prepare for depositions with Arborworks and State personnel. Arborworks' objections are well taken. Plaintiff has failed to justify why 10 or more years of contracts between Arborworks and every division of the state is relevant or will lead to relevant evidence related to the relationship...
2023.10.11 Demurrer, Motion to Strike 083
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2023.10.11
Excerpt: ...f the claim and parties affected. Ibid. Where the complaint is so confusing, a defendant cannot tell what it must answer for, then a demurrer may be appropriate. Ibid. , citing Williams v. Beechnut Nutrition corp. (1986) 185 cal.App.3d 135, 139, fn. 2; see also ccp 5430.10(f). The FAC is 75 pages (304 paragraphs) primarily describing an alleged sexual battery of her by Defendant Jon Jones, her housemate in the Monarch Housing Project, an affordab...
2023.10.11 Demurrer, Motion to Strike 376
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2023.10.11
Excerpt: ...tions to Strike bought by all Cross-Defendants and a Demurrer brought by the Goldsmith Cross-Defendants. As explained below, the two ant-SLAPP motions are granted. MOTIONS TO STRIKE A. Factual and Procedural Background On April 12, 2W8 Brent Nunn took out a private student loan in the amount of $30,0W from Bank of America to attend Academy of Art University. His mother, Martinette, was the co- signer. Payments, made by Mr. Nunn's father, in the a...
2023.10.11 Motion to Compel Production of Docs 027
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2023.10.11
Excerpt: ..., 2021, Timothy Staley used Plaintiff's personal identifying information, without her authorization, to obtain credit, goods, services, money or property from defendant Capital One. She Staley obtained a credit account, namely a consumer automobile loan issued by Capital One and added the name of Plaintiff as a co-signer. (Complaint at 912.) Plaintiff asserts that at no time did she use or possess the services, money or property obtained with the...
2023.10.10 Motion for Summary Judgment, Adjudication 681
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2023.10.10
Excerpt: ... pursuant to that order. In short, Defendant's communication at issue is subject to the litigation privilege and she is entitled to quasi-judicial immunity based upon her court-ordered services. Such privilege and immunity prevents Plaintiff from recovering any damages from her. 1. Complaint allegations at issue: Plaintiff filed his complaint on 8/10/20 against Defendant Ouse for (1) recovery of fees unlawfully charged for supervised visitation; ...
2023.10.09 Motion for Terminating Sanctions 668
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2023.10.09
Excerpt: ...ponses, without objection, to the discovery requests. Sanctions were levied in the amount of $3,575 against Farber and his counsel. Defendant filed another motion to compel, seeking terminating or evidentiary sanctions, which was unopposed. The Court issued the following order on July 19, 2023: "Farber is ordered to comply with the Court's 4/17/23 order and served verified responses to request for production of documents, set one, and form and sp...
2023.10.05 Motion for Attorney Fees 406
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2023.10.05
Excerpt: ...fs now bring this motion for attorney's fees as they are the prevailing party after jury trial, pursuant to Code of Civil Procedure SS 1032(4) and 1033(5) and per the real estate contract. Paragraph 25 of the contract states: "ATTORNEY FEES: In any action, proceeding, or arbitration between Buyer and Seller arising out of the Agreement, the prevailing Buyer or Seller shall be entitled to reasonable attorney fees and costs from the non-prevailing ...
2023.10.04 Demurrer to FAC 035
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2023.10.04
Excerpt: ...pany. The complaint alleges that on September 4, 2002 Peter Keyes (husband to Pamela Keyes) sold real property located at 330 River Road in Boulder Creek, to the Bakers. The Keyes received a promissory note and deed of trust from the Bakers. Monthly payments to be made to the Bakers in the amount of $1500. LAW AND MOTION TENTATIVE RULINGS DATE: OCTOBER 4, 2023 TIME: 8:30 A.M. Page 2 of 8 After Mr. Keyes passed away on January 6, 2021, Plaintiff r...
2023.10.03 Motion to Enforce Settlement or Confirm Right to Rescind 845
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2023.10.03
Excerpt: ... court or orally before the court, for se©lement of the case, or part thereof, the court, upon moŸon, may enter judgment pursuant to the terms of the se©lement."§ 664.6. "It is for the trial court to determine in the Þrst instance whether the parŸes have entered into an enforceable se©lement. [CitaŸon.] In making that determinaŸon, 'the trial court acts as the trier of fact, determining whether the parŸes entered into a valid an...
2023.10.03 Motion for Judgment on the Pleadings 330
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2023.10.03
Excerpt: ... Desilva Gates ("DGC"). A cross-complaint for the following causes of action was filed by Scotts Valley Land, LLC, Sullivan Land Developer, LLC and James F. Sullivan: Express indemnity against DeSilva Gates, Superior Hydroseeding, and D&S; implied indemnity or partial indemnity; and apportionment and declaratory relief. Plaintiff has settled with Defendants. The cross-complaint against DGC, which is the subject of this motion, is still operative....
2023.10.02 Motion for Attorney Fees 866
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2023.10.02
Excerpt: ...at County's drainage system for Skyview Terrace Drive altered the natural drainage system by diverting waters from two County roads through a single culvert located on Plaintiffs' property and two other parcels. This created erosion gullies that without stabilization, would eventually result in a large gully running underneath Plaintiffs' family home and render it uninhabitable. Plaintiffs' Complaint alleges causes of action for inverse, private ...
2023.10.02 Application for Right Attach Order 497
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2023.10.02
Excerpt: ...e Lynne A. Bui Living Trust. Ms. Bui is trustee of the trust. The complaint alleges on or about May 17, 2021, Plaintiff Santa Cruz County Bank (SCC8) and Bui, with the Bui Trust as guarantor, entered into a lender-borrower relationship. SCCB and Bui signed and executed a promissory note where SCC8 contracted to lend $1,000,000 to Bui. (Promissory Note is attached as Ex. A.) In connecton with the Note, the Bui Trust executed a commercial guaranty ...
2023.09.28 Motion for Attorney Fees 276
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2023.09.28
Excerpt: ... hours reasonably expended multiplied by the reasonable hourly rate prevailing in the community for similar work. The lodestar amount may be adjusted by such factors as the moving party's attorney's experience and abilities, and the novelty and difficulty of the issues involved in the motion." (ld. at S 7:1139.) "The lodestar determination also requires the trial court to determine the reasonable hourly rate of each attorney claiming fees." (Pear...
2023.09.27 Motion to Serve By Publication 807
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2023.09.27
Excerpt: ...15.50, a summons may be served by publication if upon affidavit it appears to the satisfaction of the Court that: (1) the party to be served cannot with reasonable diligence be served in another manner; and (2) a cause of action exists against the party upon whom service is to be made orthe party to be served has an interest in property that is subject to the jurisdiction of the court or the relief demanded in the action would exclude the party f...
2023.09.27 Demurrer, Motion to Strike FAC 659
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2023.09.27
Excerpt: ...irer and supervisor. (FAC 6-10, 13, 24-34, 36-40, 62) Generally, a person has no legal duty to protect others from the conduct of third parties. Brown v. USA Taekwondo (2021) 11 Cal.5th 204, 214. But this general rule is "not absolute," and courts have recognized a number of exceptions. ld. at 215. Relevant here, "[iln a case involving harm caused by a third party, a person may have an affrmative duty to protect the victim of another's harm if th...

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