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921 Results

Location: Santa Cruz x
2023.09.25 Motion to Extend Time for Discovery 141
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2023.09.25
Excerpt: ...On November 22, 2023, the Selifonovs filed a verified first amended cross-complaint against Huber/sutliff for quiet title, private nuisance, trespass, dec relief, intentional infliction of emotional distress, negligent infliction of emotional distress, negligence and assault. On January 30, 2023, Huber/ Sutliff filed Answer to First Amended Cross-complaint. Then, on April 20, 2023 new defense counsel associated into the case for Huber/sutliff. On...
2023.09.25 Motion for Summary Judgment 199
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2023.09.25
Excerpt: ...argo) alleges defendant Nick Jakubowski (Jakubowski) applied for and received a credit card and incurred charges but failed to repay an owed amount of $8,886.64. We Is Fargo's form complaint, filed on October 2, 2022, alleges breach of written contract, breach of contact (implied in fact), common counts for money lent and money paid, common counts- open book account for money due and account stated. On October 26, 2022 Jakubowski filed an answer ...
2023.09.18 Motion to Compel Further Responses, for Monetary Sanctions 735
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2023.09.18
Excerpt: ...n Reply, Plaintiff seeks $11,153) Defendant AMH opposes the motion on the grounds that Plaintiff failed to meet and confer, Plaintiff fails to establish good cause for further responses, and Defendant's responses and productions are code compliant. Defendant also seeks sanctions of $9,630 against both Plaintiff and her counsel for discovery misuse. The parties' papers establish the following: 4/14/23 Plaintiff serves RPD Sets One, Three on AMH (Z...
2023.09.14 Motion to Compel Compliance with Subpoena 796
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2023.09.14
Excerpt: ...d Plaintiff that it would not release the records without a court order, and that it would not oppose any effort by Plaintiff seeking such an order. The subpæna seeks "[a]ny and all documents including, but not limited to, the complete investigation and/or police file, all reports, investigative reports, photographs, videos, surveillance closed circuit (CCTV) surveillance footage, written witness statements, detective reports and/or detective in...
2023.09.14 Motion for Sanctions 004
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2023.09.14
Excerpt: ... modification, or reversal of existing law. ' In either case, to obtain sanctions, the moving party must show the party's conduct in asserting the claim was objectively unreasonable. A claim is objectively unreasonable if any reasonable attorney would agree that it is totally and completely without merit." Bucur v. Ahmad (2016) 244 Cal.App.4th 175, 189. (CCP 128.7 sanctions properly imposed where it was obvious that plaintiffs' claims were barred...
2023.09.13 Motion for Judgment on the Pleadings 329
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2023.09.13
Excerpt: ...n re: Compliance with Meet and Confer Requirement. The same meet and confer process for filing a demurrer or a motion to strike must be followed before filing a motion for judgment on the pleadings under Code of Civil Procedure S 438. (Weil & Brown, Civil Procedure Before Trial (The Rutter Group 2023) S 7:309; Code of Civil Procedure S 439.) Before a statutory motion for judgment on the pleadings, moving party's counsel must meet and confer, in p...
2023.09.13 Demurrer 281
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2023.09.13
Excerpt: ...conomic loss rule. a) The Economic Loss Rule may not bar Plaintiff's tort claims Economic loss consists of damages for inadequate value, costs of repair and replacement of the defective product or consequent loss of profits without any claim of personal injury or damages to other property. Robinson Helicopter Inc. v. Dana Corp. (2004) 34 Cal.4th 979, 988. An economic loss consists of damages for inadequate value, costs of repair, and replacement,...
2023.09.12 Motion for Reconsideration 017
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2023.09.12
Excerpt: ...ses the motion on the recent case of Randy's Trucking Inc. v. Superior Court of Kern County (2023) 91 Cal.App.5 th 818. Plaintiff contends the Court has broad power to reconsider a prior order on the basis of new or different law pursuant to Code of Civ. Pro. SIW8(a). Plaintiff asserts the new case, cited above, is controlling. In that case, a mental examination was set by defense counsel and plaintiff's counsel refused to permit the exam to go f...
2023.09.11 Petition for Writ of Mandate 499
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2023.09.11
Excerpt: ... (US Post Office) with a report that someone was trespassing and refusing to leave. Both reports indicate that the incident was handled at the scene. It does not appear that anyone was arrested or detained. No suspects' names or descriptions are listed in the Disclosure forms. (Ex. A to Petition) LAW AND MOTION TENTATIVE RULINGS DATE: SEPTEMBER 11, 2023 TIME: 8:30 A.M. Page 6 of 10 Petitioner claims that he suffered a bodily injury as a direct re...
2023.09.11 Motion for Good Faith Settlement 232
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2023.09.11
Excerpt: ... materials for repairs to the greenhouse. (Points & Authorities at pg. 3.) Mr. Morales is a handyman who performed work for Ricardo Yerena, a former owner of Innovative. Mr. Yerena had access to Mr. Morales's insurance information as well as his handyman license number. Mr. Yerena provided this information to Front Range and represented Mr. Morales would perform the work. Mr. Morales provided a labor quote but decided not to perform the work at t...
2023.09.11 Motion for Additional Discovery Sanctions 051
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2023.09.11
Excerpt: ... filed by Iron Bridge Mortgage and Gerard Stascausky against Alvarez for fraud, and violations of 8 &P S 17200. On April 21, 2023, a First Amended Complaint was filed by Plaintiffs, alleging fraud, declaratory relief, accounting, quiet title, unfair business practices, breach of fiduciary duty, negligence. The FAC seeks, in addition to general damages, $50 million, punitive damages, and attornevs fees and costs. On May 17, 2023, Defendants filed ...
2023.09.07 Motion for Judgment on the Pleadings 360
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2023.09.07
Excerpt: ...a complaint for negligence, negligence per se, trespass, conversion, tortious interference with contractual relations, and injunctive relief based on the allegation the County has been incorrectly testing for THC in commercial hemp crops since 2019. This resulted in Plaintiff's loss of 15 acres of commercial hemp. (Complaint '12) Following Defendants' motion for summary judgment/adjudication, the only remaining causes of action are negligence and...
2023.09.05 Motion for Judgment on the Pleadings 160
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2023.09.05
Excerpt: ... 16, 2023 which did not raise any affrmative defenses. Motion Before the Court is a statutory motion for judgment on the pleadings, filed by the Plaintiff. The proof of service indicates Defendant was served with the motion. No opposition has been filed. Pursuant to Cade of Civil Procedure S 438(c)(1)(A), a motion for judgment on the pleadings brought by the plaintiff can only be granted if (1) the complaint states facts sufficient to constitute ...
2023.08.31 Motion to Strike PAGA Claims 735
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2023.08.31
Excerpt: ...e pleadings are drawn in violation of a law, rule or court order. Code of Civ. Proc. S 436. A motion to strike, like a demurrer, is confined to the pleadings and matters judicially noticed. Motions to strike must be filed "within the time allowed to respond to a pleading, e.g., 30 days from service of the complaint unless extended by order of the court. CCP The motion is untimely since it was filed well beyond the time to file any responsive plea...
2023.08.31 Demurrer, Motion to Strike 376
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2023.08.31
Excerpt: ... Motions to Strike bought by all Cross-Defendants and a Demurrer brought by the Goldsmith Cross-Defendants. As explained below, the Court overrules the demurrer. The ant-SLAPP motons are granted in part and denied in part. CROSS-DEFENDANTS GOLDSMITH & HULL, A. P.C'S DEMURRER LAW AND MOTION TENTATIVE RULINGS DATE: AUGUST 31, 2023 TIME: 8:30 A.M. Page 5 of 19 The Goldsmith Cross-Defendants demurrer is overruled. The Goldsmith Cross-Defendants asser...
2023.08.31 Application for Right to Attach Order 497
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2023.08.31
Excerpt: ... Plaintiff 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 SCCB contracted to lend $1,000,000 to Bui. (Promissory Note is attached as Ex. A.) In connection with the Note, the Bui Trust executed a commercial guaranty (attached as Ex. B.) The Note matured by its own terms on May 17, 2022. The terms of the various agreement provide Defendant will pay...
2023.08.28 Petition for Writ of Mandate 499
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2023.08.28
Excerpt: ... (US Post Office) with a report that someone was trespassing and refusing to leave. Both reports indicate that the incident was handled at the scene. It does not appear that anyone was arrested or detained. No suspects' names or descriptions are listed in the Disclosure forms. (Ex. A to Petition) Petitioner claims that he suffered a bodily injury as a direct result of the alleged illegal use of police powers that were designed and calculated to i...
2023.08.28 Motion for Good Faith Settlement 080
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2023.08.28
Excerpt: ...(a foster family agency) which ran a service called Homes for Kids. Defendant Seneca Family Services merged with Above the Line in 2016. Plaintiff as placed in a foster home and asserts she was sexually abused. Specifically, Plaintiff contends she often visited the home of her foster's mother's sister, Angelique Millhouse. While at this home, Plaintiff contends she was groomed by her adult sons and sexually abused by them. , including Julian Rand...
2023.08.28 Motion for Attorney Fees 065
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2023.08.28
Excerpt: ...a commercial cannabis cultivation enterprise without a license and gave notce of $7,500 in administrative penalties. Petitioner appealed to the County's administrative hearing officer, who after several days of testimony, found in favor of County, upheld the citation, and ordered him to pay $5,000 in civil penalties. Petitioner appealed that ruling pursuant to Gov. Code S 53069.4(b)(1). Following a review of the local agency file, the Court found...
2023.08.25 Petition to Confirm Arbitration Award 407
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2023.08.25
Excerpt: ...erty (Ret.). The award, issued 5/23/23, requires Respondents to pay Petitioners $252,581.56 in damages and attorneys' and costs. Petitioners move to confirm the award pursuant to CCP #1285, 1287.4. Respondents oppose the petition and ask this Court to vacate the award. argue the arbitrator exceeded his authority by finding that Petitioners failed to establish any claim on grounds of fraud, yet determined they were prevailing parties, and he ignor...
2023.08.25 Motion for Preliminary Injunction, Writ of Attachment, and Turnover Order 569
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2023.08.25
Excerpt: ...the trial court. Continental Baking Co. v. Katz (1958) 68 Cal.2d 512, 527. A reviewing court will not reverse that decision except for an abuse of discretion. People v. Black's Food Store (1940) 16 Cal.2d 59, 61. The purpose of the injunction is to preserve the status quo pending litigation on the merits. The burden of proof is on the moving party to show the elements necessary to support the issuance of a preliminary injunction. Weil & Brown, Ci...
2023.08.23 Motion to Augment Record 683
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2023.08.23
Excerpt: ...to the deadlines for filing a motion to augment the record, and filing the opposition to such a motion. Nevertheless, the Court will consider the parties' positions and arguments in their respective (albeit untimely) pleadings, and rule on the merits. DISCUSSION Standards for augmentation of an administrative record Petitioners are challenging actions taken by the Regents in publicly noticed hearings. (See Petition, parag. 34). Where, as here, a ...
2023.08.23 Demurrer 944
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2023.08.23
Excerpt: ...f is stated, that aspect 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 alleg...
2023.08.21 Motion for Protective Order 713
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2023.08.21
Excerpt: ...GUST 21, 2023 TIME: 8:30 A.M. Page 2 of 2 The discovery burden is undue only if the inconvenience and expense of responding clearly outweigh the benefits likely obtained if the discovery is answered. ld. at 58:1008.1. The objecting party must supply evidence to support its claim of undue or excessive burden, showing the quantum of work required. Absent such evidence, the court has nothing "upon which to base a comparative judgment that any respon...
2023.08.18 Petition for Writ of Mandate 313
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2023.08.18
Excerpt: ...evs fees is denied. l. Factual and Procedural Background Petitioners own property located on Pleasure Point Drive, in unincorporated Santa Cruz County. On September 8, 2004, the California Coastal Commission (hereinafter "CCC") granted Petitioners a Coastal Development Permit (hereinafter "CDP".) The permit noted the development was within the coastal zone. (AROOOOI).I A CDP extension was granted to Petitioners until September 8, 2007. (AR000070)...

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