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861 Results

Location: Santa Cruz x
2023.06.06 Petition to Confirm Arbitration Award, to Vacate Arbitration Award 046
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2023.06.06
Excerpt: ...requires Respondent to pay Petitioners $266,276.02, orders specific performance of the purchase contract, requires Respondent to deposit a deed in escrow within 30 days of Petitioners' deposit of the purchase price in escrow, awards costs of suit of $29,287.52, and attorneys' fees of $105,023.50. Petitioners move to confirm the award pursuant to CCP #1285, 1287.4. Respondent moves to vacate the award. She has argued all along that she was fraudul...
2023.06.06 Motion for Summary Judgment 956
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2023.06.06
Excerpt: ... The Second Amended Complaint is the operative complaint. While Figueroa is named, he has not been served nor is he active in the case. A demurrer brought by the LIC Regents was sustained without leave to amend as to the First and Second Causes of action in the Second Amended Complaint. The remaining Fifth cause of achon for negligent hiring, supervision, and retention, remains against the Regents and is the subject of this motion for summary jud...
2023.06.01 Motion for Change of Venue, to Compel Further Responses 844
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2023.06.01
Excerpt: ...ewed motion for transfer of venue back to Napa. Code of Civil Procedure section 397(c) grants the court discretionary povver to transfer a case to any other county "when the convenience of the witnesses and the ends of justice would be promoted by the change." It is only the convenience of the nonparty witnesses that is important. Absent extraordinary circumstances, the parties' convenience is not considered-even if they are to testify. (Weil & B...
2023.05.31 Motion to Quash Deposition Subpoenas 189
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2023.05.31
Excerpt: ...and she could not have anticipated it to occur. Plaintiffs are the occupants of the vehicle Defendant collided with. They claim injuries as a result of the accident. Legal Authority Code Civ Proc S 1987.1 Order to quash, modify or limit (b)lf a subpæna requires the attendance of a witness orthe production of books, documents, electronically stored information, or other things before a court, or at the trial of an issue therein, or at the taking ...
2023.05.26 Motion for New Trial 603
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2023.05.26
Excerpt: ...e papers submitted by the parties on Defendant's motions and will hear and consider counsels' arguments at the hearing on the motions. l. DEFENDANT'S MOTION FOR NEW TRIAL DEFENDANT'S GROUNDS FOR MOTION: A motion for new trial asks the trial court to reexamine one or more issues of fact or law after a trial and decision by judge or jury. Code Civ. Proc. SS 656, 557. The authority of a trial LAW AND MOTION TENTATIVE RULINGS DATE: MAY 26, 2023 TIME:...
2023.05.25 Demurrer to SAC 624
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2023.05.25
Excerpt: ...vs reformed ordinance allowing more than one surf school at that location) but that he's been illegally prevented from obta-ning a City permit and licensing and retaliated against by City and its staff. Meyberg brings this suit against City, nine City employees, and one third party for a long list of claims. In October 2022, Meyberg's First Amended Complaint was challenged by demurrer to the first six causes of action and the Court ruled: 1. Reta...
2023.05.24 Petition to Compel Arbitration 753
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2023.05.24
Excerpt: ...MONT CDJR) is the dealer/servicer. Plaintiff contends that the car has electrical, engine, and transmission defects, known to Defendants at the time of sale. Plaintiff claims that neither Defendant could repair the vehicle to alleviate or repair the defect and should now replace the car or make restitution to Plaintiff. Plaintiff's causes of action: 1. Vio ation of Civil Code 51793.2(d) (Song-Beverly Act) vs. FCA: failure to service the vehicle t...
2023.05.22 Motion to File TAC and First Supplemental Complaint 068
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2023.05.22
Excerpt: ...sance, and trespass. The essential allegations involve the failure of a reta-ning wall in January 2017. Plaintiffs contend the wall failed due to action/inaction on the part of Defendants. On June 11, 2020, Defendants filed a motion for summary judgment. On July 30, 2020, Plaintiffs, after moving ex parte, filed a motion for leave to amend their complaint. Defendants this motion; however, the moton was granted. On August 17, 2020, Plaintiffs file...
2023.05.22 Motion to Enter Judgment 480
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2023.05.22
Excerpt: ... signed by a party if it is signed by any of the following: 'l (1) The party. (2) An attorney who represents the party. 'l (3) If the party is an insurer, an agent who is authorized in writing by the insurer to sign on the insurer's behalf." (Code of Civ. Pro. S 654.6, subd. (b).) The parties entered into a written Stipulation for Entry of Judgment Pending Performance. This document was signed by counsel for Plaintiff and Defendant (who at the ti...
2023.05.22 Motion to Enforce Settlement and Enter Judgment 502
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2023.05.22
Excerpt: ...is signed by a party if it is signed by any of the following: 'l (1) The party. (2) An attorney who represents the party. 'l (3) If the party is an insurer, an agent who is authorized in writing by the insurer to sign on the insurer's behalf." (Code of Civ. Pro. S 654.6, subd. (b).) Plaintiff demonstrated the existence of an enforceable written settlement agreement between the parties entered into in August 2022. (Ex. A To Tapper Dec.) The partie...
2023.05.19 Motion to Stay Dissolution Proceeding and Appoint Appraiser 635
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2023.05.19
Excerpt: ...imited liability company by purchasing for cash the membership interests owned by the members so initiating the proceeding, the 'moving parties,' at their fair market value." Section 17707.03(c) further provides: "Ifthe purchasing parties elect to purchase the membership interests owned by the moving parties, are unable to agree with the moving parties upon the fair market value of the membership interests, and give bond with sufficient security ...
2023.05.19 Motion for Leave to File Motion for Summary Judgment, Adjudication 224
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2023.05.19
Excerpt: ...d cause exists for the filing of a motion for summary judgment and/or adjudication because (1) testimonyfrom the first phase of the trial would be a defense to causes of action at issue in the phase two trial and (2) allowing the filing of motion for summary judgment and/or adjudication would further the goal of judicial economy. First, Plaintiffs did not provide authority for their argument that a second phase of a trial re-opens the time period...
2023.05.17 Petition to Compel Arbitration 753
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2023.05.17
Excerpt: ...MONT CDJR) is the dealer/servicer. Plaintiff contends that the car has electrical, engine, and transmission defects, known to Defendants at the time of sale. Plaintiff claims that neither Defendant could repair the vehicle to alleviate or repair the defect and should now replace the car or make restitution to Plaintiff. Plaintiff's causes of action: 1. Vio ation of Civil Code 51793.2(d) (Song-Beverly Act) vs. FCA: failure to service the vehicle t...
2023.05.16 Motion for Judgment on the Pleadings 834
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2023.05.16
Excerpt: ...d workmanship, particularly relating to the vehicle's battery. Plaintiff contacted GM and asked them to repurchase the vehicle and provide him with a replacement vehicle. GM agreed to LAW AND MOTION TENTATIVE RULINGS DATE: MAY 16, 2023 TIME: 8:30 A.M. Page 2 of 2 repurchase the vehicle but never provided a replacement vehicle, as promised. (Complaint at pars. 17-21.) In support of his claim for conversion, Plaintiff alleges he is the owner of and...
2023.05.15 Motion to Disqualify Counsel 650
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2023.05.15
Excerpt: ... (1998) 68 Cal.App.4th 856, 860; Antelope Valley Groundwater Cases (2018) 30 Cal.App.5th 602, 615. The court is to consider six factors when ruling on a motion to disqualify counsel. Kirk v First American Title ins. co. (2010) 183 cal.App.4th 776.800, 807-808. These factors are: 1. A client's right to chosen counsel; 2. An attorney's interest in representing a client; 3. The financial burden on a client to replace disqualified counsel; 4. The pos...
2023.05.08 Motion to Vacate Default, Judgment 498
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2023.05.08
Excerpt: ...2023, approximately seven months after the judgment was mailed to Defendants. Cal Code Civ Proc S 473.5 Relief from judgment where summons does not result in actual notice: (a) When service of a summons has not resulted in actual notice to a party in time to defend the action and a default or default judgment has been entered against him or her in the action, he or she may serve and file a notice of motion to set aside the default or default judg...
2023.04.27 Motion to Vacate Hearing Date 065
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2023.04.27
Excerpt: ...he citation, and ordered him to pay $5,000 in civil penalties. Appellant appeals that ruling pursuant to Gov. Code S 53069.4(b)(1). MOTION TO VACATE HEARING DATE Appellant's motion to vacate the April 27 hearing date is denied. On 8/11/22, the Court reclassified this case as a limited civil case following County's motion to do so. Appellant moves the court to vacate the hearing date, set a case management conference and identify the case as a lim...
2023.04.27 Motion to Compel Arbitration 799
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2023.04.27
Excerpt: ...ORB. Paragraph T.2 clearly states the requirements for submitting a dispute to a DRB: "If at any time, any dispute shall arise between CONTRACTOR and SUBCONTRATOR it is agreed LAW AND MOTION TENTATIVE RULINGS DATE: APRIL 27,2023 IME: 8:30 A.M. Page 2 of 9 that CONTRACTOR and SUBCONTRACTOR shall, as a condition precedent, meet and confer to discuss and attempt to resolve the dispute (the CONTRACTOR and SUBCONTRACTOR will be obligated to attend a "...
2023.04.26 Motion for Summary Judgment 059
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2023.04.26
Excerpt: ... Janet Marshall, allege they had verbal rental agreements to live in separate units on Hawkins' Boulder Creek property. Latin says he lived there since September 2017 and Marshall lived there since 2013. They claim to LAW AND MOTION TENTATIVE RULINGS DATE: APRIL 26, 2023 IME: 8:30 A.M. Page 2 of 9 have paid Hawkins $400 per month in cash. In 2019, immediately priorto Hawkins' death, Defendant Steve Kobold (Hawkins' nephew) moved onto the property...
2023.04.26 Motion for Leave to File Complaint, for Summary Adjudication 374
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2023.04.26
Excerpt: ...he claims in the proposed cross-complaint arise from the same series of transactions between the parties, and thus the Court will grant the motion. (Code of Civ. Pro. S 426.50.) DEFENDANT RIZWAN AMANUDDIN'S MOTION FOR SUMMARY ADJUDICATION Defendant moves for summary adjudication as to the Plaintiffs' prayer for punitive damages. As explained below, Defendant's motion is denied. 1. Legal Standard Cal Civ Code S 3294 When permitted (a) In an action...
2023.04.21 Demurrer, Special Motion to Strike 376
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2023.04.21
Excerpt: ...nt was for $33,519.55 and the date of contract was April 12, 2008. (Complaint at p. 14.) Attached to the complaint is "Non- Negotiable Credit Agreement" signed by the Nunns. (Complaint, Ex. A at p. 26.) Thereafter, the loan defaulted. Bank of America charged-off and sold the debtto SLS. SLS contends the contract between the Nunns and Bank of America is an installment contract and the four-year statute of limitations began to run against each inst...
2023.04.17 Demurrer to FAC 674
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2023.04.17
Excerpt: ...en paid. (FAC 9107) Plaintiff claims those were false statements because this action was pending and Defendants still owed Plaintiff money for the retaining wall problems. Plaintiff further claims Defendants did not meet various notice and certification requirements for voluntary dissolution procedures. (FAC 9108) Plaintiff lacks standing to directly attack the dissolution process because she is not a shareholder. While she is certainly able to a...
2023.04.14 Petition for Relief from Government Claims Act 047
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2023.04.14
Excerpt: ..., the court appointed Ms. Bey as the guardian ad litem for "LB". Ms. Bey and L.B. later substituted their current counsel as their counsel of record. Ms. Cosby has filed no pleadings or papers on her own behalf. l. The Controlling Provisions of the Government Tort Claims Act Government Code S 946.6(b)(1)-(3) specifically requires a petition for an order relieving petitioner from compliance with the claims presentation requirements of Gov. Code 59...
2023.04.14 Motion for Terminating and Evidentiary Sanctions, to Compel Discovery Responses, for Monetary Sanctions 899
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2023.04.14
Excerpt: ...d to but denied the discovery. Doppes v. Bentley Motors, Inc. (2CG) 174 cal.App.4th 967, 991-992. section 2023.030 authorizes a trial court to impose monetary sanctions, issue sanctions, evidence sanctions, or terminating sanctons against "anyone engaging in conduct that is a misuse of the discovery process." Doppes v. Bentley Motors, Inc., supra, 174 Cal.App.4th at 991. The trial court may impose a terminating sanction for discovery abuse after ...
2023.04.14 Motion for Attorney Fees 488
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2023.04.14
Excerpt: ... 17-day trial related to Plaintiff's termination from employment as a custodian. Plaintiff moves for an award of attorneys' fees in the amount of $9,611,749 as a FEHA prevailing plaintiff. Government Code 512965(b). Defendant opposes the motion on the grounds that Plaintiff's counsels' rates are inflated, that fees should not be awarded for losing motions, overstaffng and block billing, that the multiplier figure is without sufficient basis, and ...

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