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902 Results

Location: Santa Cruz x
2023.07.13 Demurrer 434
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2023.07.13
Excerpt: ...ncertainty can be sustained. Weil & Brown, Civil Procedure Before Trial (The Rutter Group 2023) LAW AND MOTION TENTATIVE RULINGS DATE: JULY 13, 2023 TIME: 8:30 A.M. Page 6 of 8 "A demurrer for uncertainty will be susta-ned only where the complaint is so bad that defendant cannot reasonably respond, i.e„ he or she cannot reasonably determine what issues must be admitted or denied, or what counts or claims are directed against him or her." Weil &...
2023.07.11 Motion to Fix Amount of Undertaking to Stay Enforcement on Appeal 502
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2023.07.11
Excerpt: ...er or judgment, as defined in the statutes and develo#d by the case law.. " City of Gardena v. Rikuo Corp. (2011) 192 Cal.App.4th 595, 601, quoting Lavine v. Jessup (1957) 43 Cal.2d 511,513). Under section CCP section 940.1 (a)(l), with some exceptions, an ap#al may be taken from "a judgment, except (A) an interlocutory judgment... ." This is the "one final judgment rule," under which an appeal may ordinarily be taken only from a final judgment. ...
2023.07.10 Demurrer, Motion to Strike 564
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2023.07.10
Excerpt: ...foreclosure. On 12/10/04 there was a real estate transacton involving the subject property which Plaintiff alleges resulted in him losing his community property interest in the property. Or-ginally, when they purchased the property in 1998, the property's grant deed was in the name of his wife but he alleges it was a community asset and paid for with community funds. Defendant ZBS alleges that the deed was executed by Plaintiff's wife, Kimberly C...
2023.07.06 Motion to Compel Further Responses 844
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2023.07.06
Excerpt: ...d, Defendant was granted a further extension and responses were due on November 7, 2022. Plaintiff served unverified responses on November 7, 2022. Additional extensions were requested and granted. (Exs. A, B Declaration of Martino) April 14, 2023 was the date of the last extension granted to Plaintiff. (Dec. of Martino at 6.) CSAA then filed this motion on May 11, 2023 when no supplemental responses were served. On June 23, 2023, Plaintiff serve...
2023.07.06 Motion for Stay 234
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2023.07.06
Excerpt: ... 5, 2023 TIME: 8:30 A.M. Page 3 of 6 discretion but not the obligaton to stay the state court action . In exercising its discretion, the court should consider the importance of discouraging multiple litigation designed solely to harass an adverse party, and of avoiding unseemly conflicts with the courts of other jurisdictions. It should also consider whether the rights of the parties can best be determined by the court of the other jurisdiction b...
2023.06.30 Motion for Reconsideration Re Motion to Reduce Mechanics Lien 281
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2023.06.30
Excerpt: ...plication to the same judge or court that made the order, to reconsider the matter and modify, amend, or revoke the prior order." The Notice of Entry of Order on the underlying motion was served by regular and electronic mail on Angeles Contractor on 12/9/23. Therefore, any motion by Angeles Contractor to reconsider the Court's order must have been filed by 12/19/22. The motion was untimely filed on 12/28/22. Even when a motion for reconsideratio...
2023.06.27 Demurrer to FACC 907
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2023.06.27
Excerpt: ...ff Ferguson's initial complaint, served on Arborworks on 3/18/22, included claims for premises liability, peculiar risk, dangerous condition of public property, and negligence, and articulated all the facts related to his personal injuries against the State, County and Arborworks. While Ferguson agreed to amend his complaint to allege more specific statutory violations against State at State's urging (see Ferguson's Memorandum in Support of Mohon...
2023.06.21 Demurrer 788
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2023.06.21
Excerpt: ...(2009) 45 Cal.4th 992, 998; Cundiff v. GTE Cal. , Inc. 101 Cal.App.4th 1395, 1405. Ifthe complaint states a cause of action under any theory, regardless of the title under which the factual basis for relief 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...
2023.06.14 Demurrer 529
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2023.06.14
Excerpt: ... A.M. Page 2 of 6 Based on the judicially noticed documents herein, this demurrer is sustained without leave to amend and the case is dismissed based on res judicata. Plaintiff's Complaint also fails to comply with California Rules of Court, Rules 2.108, 2.109, 2.110 [lack of line numbers, page numbers, and footers]. Considering Plaintiff's extensive history of initiating self-represented legal proceedings, she is aware of court requirements for ...
2023.06.14 Demurrer 394
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2023.06.14
Excerpt: ...o Title Ins. co. (1999) 70 cal.App.4th 1047, 1063. Further, Plaintiffs argue without legal authority that since subdivision (c) of Emergency rule 9 (Cal. Rules of Court, Appx.), the sunset provision, was adopted after their cause of action accrued, they then get a benefit of the Covid-19 emergency tolling period. They do not indicate when their statute would have run under their theory. This is likely because it is impossible to do; their cause o...
2023.06.12 Demurrer, Motion to Strike 468
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2023.06.12
Excerpt: ...laintiff's property (apparently related to the previous lawsuit) which caused Plaintiff's attempt to sell his property and purchase anotherto fall through. (SAC "1 66-85) Where the complaint prevents a party from reasonably determining what issues must be admitted or denied, or what counts are alleged against it, a demurrer for uncertainty can be sustained. Weil & Brown, Civil Procedure Before Trial (The Rutter Group 2023) Where several claims ar...
2023.06.09 Demurrers 451
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2023.06.09
Excerpt: ...ncy of a pleading "by raising questions of aw." (Postley v. Harvey (1984) 153 Cal.App.3d 280, 286.) The court " ' "treat[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.) The court has reviewed the demurrers, as well as the objections and replies. The court notes counsel for Plaintiff, in opposition, attached ...
2023.06.09 Motion for Reconsideration of Motion to Reduce Mechanic's Lien 309
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2023.06.09
Excerpt: ...plication to the same judge or court that made the order, to reconsider the matter and modify, amend, or revoke the prior order." The Notice of Entry of Order on the underlying motion was served by regular and electronic mail on Angeles Contractor on 12/9/23. Therefore, any motion by Angeles Contractor to reconsider the Court's order must have been filed by 12/19/22. The motion was untimely filed on 12/28/22. Even when a motion for reconsideratio...
2023.06.09 Special Motion to Strike Complaint 239
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2023.06.09
Excerpt: ...right of petition or free speech 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 5425.16 if the principal thrust or gravamen of the claim is protected activity. Ifthe court determines that the moving party has made this threshold showing, the burden shifts to the other partyto demonstrate a probability of prevailing...
2023.06.08 Motion to Fix Attorney Fees and Costs, to Tax Costs 064
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2023.06.08
Excerpt: ...er continued hearings and supplemental br-efing this Court granted Defendant's petition to compel arbitration as to John and Ann's claims for elder abuse, violation of patent's bill of rights and fraud; denied the petition as to Paul William's claim for wrongful death; and stayed the judicial proceedings, with Paul's claim to trail the arbitration in Superior Court. On 1/28/21, Plaintiffs stipulated to submitting the entre matter to arbitration b...
2023.06.07 Motion to Compel Further Responses, for Sanctions 924
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2023.06.07
Excerpt: ...covery was served on 7/13/22. (Sinha Declaration, Exs. A and 8) Defendants served unverified and incomplete responses on 9/12/22. (Sinha Decl. Exs. C and D) Following meet and confer, Defendants served verified supplemental responses for all of the requests in dispute on 4/14/23. (Sinha Decl„ Exs. E, F, G) On 4/18/23, defense counsel Ms. Sinha inquired via email about the absence of the photographs and repair information related to the County's...
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...

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