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2021.06.21 Motion to Compel Arbitration 411
Location: Santa Cruz
Judge: Connolly, Rebecca Dept 4
Hearing Date: 2021.06.21
Excerpt: ... evidence any fact necessary to its defense.” LAW AND MOTION TENTATIVE RULINGS DATE: JUNE 21, 2021 TIME: 8:30 A.M. 4 California law governs the determination as to whether an agreement was reached “[W]hen a petition to compel arbitration is filed and accompanied by prima facie evidence of a written agreement to arbitrate the controversy, the court itself must determine whether the agreement exists and, if any defense to its enforcement is rai...
2021.06.14 Motion to Compel Arbitration 436
Location: Santa Cruz
Judge: Connolly, Rebecca Dept 4
Hearing Date: 2021.06.14
Excerpt: ...nt to arbitrate between the parties (The trial court is to decide two “gateway issues” of arbitrability: (1) whether there is an agreement to arbitrate between the parties, and (2) whether the agreement covered the dispute at issue. (Omar v. Ralphs Grocery Co. (2004) 118 Cal.App.4th 955, 960.), the Court finds that Defendants have met their burden of proving the existence of a valid arbitration agreement by a preponderance of the evidence. He...
2021.02.08 Motion for Judgment on the Pleadings 565
Location: Santa Cruz
Judge: Connolly, Rebecca Dept 4
Hearing Date: 2021.02.08
Excerpt: ... 2020; and (2) Labor Code §2780 now provides exceptions to the “ABC” test set forth in Dynamex Operations W., Inc. v Superior Court (2018) 4 Cal. 5th 903, for determining whether a worker is an employee or an independent contractor.; and the exception set forth in §2780 (I) for “independent radio promoters” applies to Plaintiff. The Second Amended Complaint alleges that Plaintiff stopped working at KCSO in May 2020, four months before L...
2021.02.08 Motion for Judgment on the Pleadings 041
Location: Santa Cruz
Judge: Connolly, Rebecca Dept 4
Hearing Date: 2021.02.08
Excerpt: ...sale is voidable because of irregularities in the sale notice or procedure, the borrower must offer to pay the full amount of the debt for which the property was security. The borrower must pay, or offer to pay, the secured debt, or at least all of the delinquencies and costs due for redemption, before commencing the action. “The rationale behind the rule is that if [the borrower] could not have redeemed the property had the sale procedures bee...
2020.12.21 Demurrer, Motion to Strike 695
Location: Santa Cruz
Judge: Connolly, Rebecca Dept 4
Hearing Date: 2020.12.21
Excerpt: ... and attorneys have a duty of loyalty to their clients. Thus, while an attorney must represent his or her clients zealously within the bounds of the law a broker only needs to use reasonable care to represent his or her client. (Kotlar v. Hartford Fire Ins. Co. (2000) 83 Cal.App.4th 1116, 1123.) Plaintiff has failed to plead that Defendant failed to obtain insurance at the best possible price; ( Westrec Marina Mgmt v Jardine Ins. Brokers (2000) 8...
2020.12.14 Motion to Compel Return of Docs, to Seal Docs 337
Location: Santa Cruz
Judge: Connolly, Rebecca Dept 4
Hearing Date: 2020.12.14
Excerpt: ...not disputed that Plaintiff delivered all of the originals of the documents at issue (Exhibits 3‐13 to the Amended Complaint) to Mr. Paetkau in August 2017; nor have they provided applicable authority for their assertion that Plaintiff is not entitled to use copies of these documents in this litigation, or that the documents should be sealed. In support of their claim that Plaintiff's “self‐help evidence gathering” is inappropriate, and t...
2020.12.08 Demurrer 907
Location: Santa Cruz
Judge: Connolly, Rebecca Dept 4
Hearing Date: 2020.12.08
Excerpt: ...nded complaint alleges facts that are sufficiently similar to those alleged in the original complaint, the critical inquiry is whether the defendant had adequate notice of the claim based on the original pleading. The policy behind statutes of limitations is to put defendants on notice of the need to defend against a claim in time to prepare a fair defense on the merits. This policy is satisfied when recovery under an amended complaint is sought ...
2020.12.02 Motion for Judgment on the Pleadings 041
Location: Santa Cruz
Judge: Connolly, Rebecca Dept 4
Hearing Date: 2020.12.02
Excerpt: ...egularities in the sale notice or procedure, the borrower must offer to pay the full amount of the debt for which the property was security. The borrower must pay, or offer to pay, the secured debt, or at least all of the delinquencies and costs due for redemption, before commencing the action. “The rationale behind the rule is that if [the borrower] could not have redeemed the property had the sale procedures been proper, any irregularities in...
2020.09.22 Motion for Summary Adjudication 727
Location: Santa Cruz
Judge: Connolly, Rebecca Dept 4
Hearing Date: 2020.09.22
Excerpt: ...ea for more than two years after he became a tenant. He began to clear a garden area in the backyard around the end of 2015 or beginning of 2016. Plaintiff's wife did not go into the back yard area because it was not “inviting”. Forbes‐Roberts Decl., ¶ 14, Exhibit C [N.GeorgeDepo.31:11‐16; 112:20‐24.] ForbesRoberts Decl., ¶. 5, Exhibit D [F.George Depo. 33:15‐34:01; 40:5‐41 :20] Forbes‐Roberts Decl., ¶13, Exhibit B (M. Day Depo...
2020.09.15 Motion for Summary Judgment, Adjudication 791
Location: Santa Cruz
Judge: Connolly, Rebecca Dept 4
Hearing Date: 2020.09.15
Excerpt: ...redit card. By accepting and using the credit card Defendant agreed to the terms and conditions detailed in the Customer Agreement and Disclosure Statement. Plaintiff activated the card and made payments on the subject account. UMF 1, 2, 3. Plaintiff's declaration ¶¶ 6,7,8,9,12; Exhibits A, B and C. 2. Plaintiff kept an account of the debts and credits on the subject account and sent monthly statements to Defendant at the address he provided, w...

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