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2024.07.15 Motion to Tax Costs 349
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.07.15
Excerpt: ...ss fees. (Ex. 2.) 3. $24.86 in attachment expenses. (Ex. 3.) 4. $3,000.00 in attorney fees (10 hrs at $150.00/hr) pursuant to “section 809.9.” On May 28, 2024, Morgan filed this motion to tax certain of these costs, specifically, the attorney fees request. Morgan asserts that attorney fees are not generally recoverable as costs, citing Code of Civil Procedure section 1021. Further, he contends attorney fees claims in a memorandum of costs w...
2024.07.10 Motion for Stay or to Continue Trial, to Compel Mental Exam 834
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.07.10
Excerpt: ...ule to accommodate his other trial and conference commitments. Motion to compel mental exam and testing of plaintiffs LAW AND MOTION TENTATIVE RULINGS DATE: JULY 10, 2024 TIME: 8:30 A.M. Page 2 of 4 The parties are unable to reach an agreement as to the length of time which should be permitted for evaluation by psychiatrist Dr. Charles Scott. Plaintiffs assert a total of 8 hours per plaintiff is sufficient for examinations by both Drs. Hooker and...
2024.07.03 Petition to Compel Arbitration 473
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.07.03
Excerpt: ...al wages), failure to provide accurate wage statements, failure to reimburse business expenses, and unfair business practices. She also has a related PAGA claims case. 10/28/20 Plaintiff is hired as an hourly, non- exempt kitchen line cook for Seascape Resort, LTD. (Complaint ¶ 16) LAW AND MOTION TENTATIVE RULINGS DATE: JULY 3, 2024 TIME: 8:30 A.M. Page 2 of 10 Sept 2022 Plaintiff separated employment. 6/23/23 Plaintiff files suit for Labor Cod...
2024.07.01 Motion to Vacate or Enter New Judgment 753
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.07.01
Excerpt: ...owing causes, materially affecting the substantial rights of the party and entitling the party to a different judgment: 1. Incorrect or erroneous legal basis for the decision, not consistent with or not supported by the facts; and in such case when the judgment is set aside, the statement of decision shall be amended and corrected. 2. A judgment or decree not consistent with or not supported by the special verdict.” LAW AND MOTION TENTATIVE RUL...
2024.07.01 Motion for Bifurcation 631
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.07.01
Excerpt: ...he appropriate mechanism for such a request. On January 2, 2024, plaintiff brought a motion to bifurcate to “permit the trial court to resolve the validity and enforceability” of the policy which, plaintiff asserted, could exclusively be resolved by the court prior to trial. The court found that on balance, holding a bifurcated trial at that time to be premature and found that the issue of determining and scheduling trial phases, and bifurcat...
2024.06.28 Motion to Strike Complaint 337
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.06.28
Excerpt: ...oper: (a) Strike out any irrelevant, false, or improper LAW AND MOTION TENTATIVE RULINGS DATE: JUNE 28, 2024 TIME: 8:30 A.M. Page 2 of 5 matter inserted in any pleading. (b) Strike out all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court.” This action is the latest in plaintiff's effort to unwind a non- judicial foreclosure. On 12/10/04 there was a real estate tran...
2024.06.28 Motion to Compel Production of Docs 792
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.06.28
Excerpt: ...ss request nos. 40 and 41 which seek communications sent by or to the District's investigator and those he authored, but they are at issue since the District claims that they involve documents protected by the attorney -client and/or work product privileges. Here, some but not all of the investigator's communications have been disclosed, and the District is withholding some based upon attorney client privilege. (See Amended Joint Statement, Privi...
2024.06.27 Motion for Summary Judgment, Adjudication 828
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.06.27
Excerpt: ...false imprisonment, negligence, intentional infliction of emotional distress, any Bane Act violation, or civil rights violations. I. BACKGROUND Plaintiff is a minor who was enrolled in first grade at Brook Knoll Elementary School in 2022. Through his parental guardian he alleges a variety of harm, all related to actions by school employees related to COVID -19 protocols and their impact on him. His causes of action are false imprisonment, negli...
2024.06.24 Petition to Compel Arbitration 479
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.06.24
Excerpt: ...YMENT WITH THE COMPANY, THE COMPANY'S PROMISE TO ARBITRATE ALL EMPLOYMENT RELATED DISPUTES WITH ME, AND MY RECEIPT OF COMPENSATION AND OTHER BENEFITS PAID OR PROVIDED TO ME BY THE COMPANY, AT PRESENT AND IN THE FUTURE, I AGREE THAT ANY AND ALL CONTROVERSIES, CLAIMS, OR DISPUTES THAT I MAY HAVE WITH THE COMPANY (INCLUDING ANY COMPANY EMPLOYEE, OFFICER, DIRECTOR, TRUSTEE, OR BENEFIT PLAN OF THE COMPANY, IN THEIR CAPACITY AS SUCH OR OTHERWISE), ARIS...
2024.06.24 Motion to Vacate Judgment 224
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.06.24
Excerpt: ...dant parents denying sons' claims for resulting trust and constructive trust. LAW AND MOTION TENTATIVE RULINGS DATE: JUNE 24, 2024 TIME: 8:30 A.M. Page 2 of 9 20CV01407: after a three -day court trial, judgment generally denying all the parents' lease, contract, elder abuse and fiduciary claims, and finding that both sons should repay personal loans made to them by their parents (William - $10,000; Jon - $50,000). “A judgment or decree, when ...
2024.06.21 Motion for Summary Judgment, Adjudication 753
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.06.21
Excerpt: ...edent, Zeferino Velazquez (“Decedent”). On August 14, 2020, the Jorgensens hired decedent to perform work on their property in Royal Oaks. Plaintiffs allege decedent was hired to perform work which required a license which he did not possess. While working at the property, decedent suffered a heart attack and died. Plaintiffs contend his death was caused because of defendants' conduct in failing to provide, prevent, and plan for heat related ...
2024.06.21 Motion for Judgment on the Pleadings 407
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.06.21
Excerpt: ...e suffered a traumatic brain injury and other injuries from the collision that caused him to experience serious progressive mental, psychological, emotional, physical and physiological injuries and dysfunction which deteriorated, causing anger, frustration, mood swings, depression, anxiety, and instability, ultimately resulting in his suicide. (Complaint ¶¶20 -21.) The complaint alleges that defendants had a duty of care which was breached by t...
2024.06.13 Motion to Change Venue 449
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.06.13
Excerpt: ... of a penalty or forfeiture imposed by statute....” “[B]ecause section 393(a) requires a different venue than the defendant's residence, it supplants the general venue rule codified in section 395(a). [...] When a provision of section 393 applies, it specifies the proper county for the initial filing of an action, overriding the general venue rule providing for trial in the county of the defendant's residence.” (Dow AgroSciences LLC v. S...
2024.06.13 Petitions for Writ of Mandate 683
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.06.13
Excerpt: ... March 7, 2024, primarily to allow the parties an opportunity to respond to the Court's Phase I inquiry as to whether the University's goal to house 100% of the new students and up to 25% of the new staff on campus (the “housing goal”) should be treated as a mitigation measure for population impacts. The resolution of this issue was necessary before the Court undertook its review of the EIR's analysis of impacts and mitigation measures. At th...
2024.06.13 Motion to Strike, Demurrer 703
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.06.13
Excerpt: ...MPLAINT This is a class action matter arising out of allegedly false claims made by defendant Skechers about the slip -resistant nature of their shoes, specifically the Women's Work Squad SR Shoes. “Consumer who purchased the Shoes in reliance on Skechers' claims of slip -resistance found that they did not serve this key function as promised.” (Complaint at ¶ 4.) Plaintiff Valdivia asserts the shoe is advertised as a “work shoe” and spe...
2024.06.12 Petition for Peremptory Writ of Mandate 252
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.06.12
Excerpt: ...ponent whic h purported to summarize that draft EIR. Why was there no reference to the original source of that wetlands finding, and no clear explanation as to Page 3 of 5 whether the area of possible wetlands is on the site of either of the subject projects? 3. The joint opposition cited a 2023 study to counter the Petitioner's claim that wetlands were located on either project's site. But the City's streamlined ministerial approvals of these t...
2024.06.12 Demurrer to FAC 308
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.06.12
Excerpt: ...er. The property is her primary residence and is a single -family home. (FAC ¶¶ 9 -11.) Plaintiff alleges that when she signed the application and loan documents, Defendant instructed her to use a different address for her residence. Plaintiff failed to understand the implications of doing so and attested the Loan was for business purposes. (FAC ¶¶12 -13.) The Loan had an interest rate of 8.5% and default interest rate of 24%. The loan mature...
2024.06.11 Motion to Compel Further Responses, for Sanctions 087
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.06.11
Excerpt: ...Santa Cruz Seaside Co. for premises liability and related claims after she suffered injuries while riding the Boardwalk's Log Ride on 6/30/21. She alleges the ride's momentum threw another rider forward, crashing down on plaintiff's right shoulder and crushing plaintiff's hand and wrist in the armrest carveout. Plaintiff moves to compel further responses by defendant Seaside Co. to the following: • Form Interrogatories, Set One, Nos. 4.1, 4.2, ...
2024.06.07 Motion to Intervene 029
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.06.07
Excerpt: ...ting to the property or transaction that is the subject of the action and that person is so situated that the disposition of the action may impair or impede that person's ability to protect that interest, unless that person's interest is adequately represented by one or more of the existing parties.” Under Labor Code section 3853, “[i]f the action is brought by either the employer or employee, the other may, at any time before trial on the fa...
2024.06.07 Demurrer, Motion to Strike Punitive Damages 967
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.06.07
Excerpt: ...(“the Ritcheys”) parcel, on which they reside, is landlocked, save for a private road they share with defendants (“O'Grady and Falade”), who own a neighboring parcel of land. The private road then connects to the public roadway. According to the complaint, during the storms in the winter of 2023, a landslide from the O'Grady/Falade parcel caused the collapse of two -thirds of the private roadway, which severed the Ritcheys' vehicular acce...
2024.06.06 Motion for Judgment on the Pleadings 675
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.06.06
Excerpt: ...ode of Civil Procedure section § 438, subdivision (c)(1)(A). LAW AND MOTION TENTATIVE RULINGS DATE: JUNE 6, 2024 TIME: 8:30 A.M. Page 3 of 3 The meet and confer requirements pursuant to Code of Civil Procedure section 439, subdivision (a) have been satisfied based upon Exhibit 1 to the declaration of counsel for plaintiff. Defendant never responded to the meet and confer request. (Dec. of Langedyk at ¶ 4.) Plaintiff served requests for admissi...
2024.06.06 Motion for Good Faith Settlement 854
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.06.06
Excerpt: ...good faith” settlement within the meaning of section 877.6. (Ibid.) “A determination by the court that the settlement was made in good faith shall bar any other joint tortfeasor or co -obligor from any further claims against the settling tortfeasor or co - obligor for equitable comparative contribution, or partial or comparative indemnity, based on comparative negligence or comparative fault.” (CCP § 877.6(c).) Further, § 877 states in re...
2024.06.05 Motion to Compel Responses, for Monetary Sanctions 326
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.06.05
Excerpt: ...e date for service of responses had passed, reminding her that responses were overdue. (Exs. E & F to Dec. of Terrazas.) To date, Mr. Terrazas's office has not received any responses to the requests nor has defendant opposed this motion. (Dec. of Terrazas at ¶ 6.) Interrogatories “If a party to whom interrogatories were directed fails to serve a timely response, the propounding party may move for an order compelling responses and for a monetar...
2024.06.05 Motion for Leave to File Complaint 410
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.06.05
Excerpt: ... the cause [of action] brought against him.” (Weil & Brown, Civil Procedure Before Trial (TRG 2023) § 6:525.) Pursuant to Code of Civil Procedure section 428.50: “(a) A party shall file a cross- complaint against any of the parties who filed the complaint or cross -complaint against him or her before or at the same time as the answer to the complaint or cross -complaint. (b) Any other cross -complaint may be filed at any time before the c...
2024.06.04 Motion to Strike Punitive Damages 250
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.06.04
Excerpt: ...alse, or improper matter inserted in any pleading. (b) Strike out all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court.” The court notes defendant erroneously cites Code of Civil Procedure section 430.10, subdivision (e) as the basis for its motion. This cited section concerns demurrers rather than motions to strike. This is a dispute between plaintiff homeowner (a...

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