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862 Results

Location: Santa Cruz x
2024.03.29 Motion for Preliminary Injunction 308
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.03.29
Excerpt: ... owns property located at 918 3rd Street Unit C, Santa Cruz, CA, which she purchased in 2018 for $371,500. In February 2022, Beronia refinanced her mortgage in the amount of $515,000 from Defendant Rediger. The property is her primary residence and is a single -family home. (FAC at ¶¶ 9 -11.) Plaintiff alleges that when she signed the application and loan documents, Defendant instructed her to use a different address for her residence. Plainti...
2024.03.28 Motion to Withdraw and Amend Admissions or to Continue Trial 159
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.03.28
Excerpt: ...the action or his or her legal representative may seek relief under CCP §473(b) and relief is mandatory when it is based upon an attorney affidavit of fault. Code of Civil procedure §473(b) provides the court with discretion to grant relief based upon a showing of “mistake, inadvertence, surprise, or excusable neglect.” The party moving for relief must show specific facts demonstrating that one of these conditions was met. (Hopkins & Carle...
2024.03.28 Motion to Set Aside and Vacate Judgment 749
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.03.28
Excerpt: ... appears Plaintiff seeks to amend his complaint to add or modify causes of action. (See MPA at ¶ 2.) Code of Civil Procedure section 663 provides for vacation of judgment and entry of different judgment. A judgment or decree, when based upon a decision by the court, or the special verdict of a jury, may, upon motion of the party aggrieved, be set aside and vacated by the same court, and another and different judgment entered, for either of the f...
2024.03.28 Motion for Summary Judgment, Adjudication 609
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.03.28
Excerpt: ... of the grantor to impose restrictions on any portion of the Beach Land for the benefit of the Voris Property; (3) if Plaintiffs' have a real property right to protected views; and (4) if the Vorises acted or failed to act in any manner that substantially interferes with Plaintiffs' real property interests. Plaintiffs' motion for summary adjudication as to its first cause of action for breach of equitable servitude is denied on the grounds ther...
2024.03.28 Motion for Preliminary Injunction 388
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.03.28
Excerpt: ...uant to the Deed of Trust. (Dec. of Todd at ¶ 4.) The County of Santa Cruz recorded a Notice of Violation against the Property, on June 24, 2009 and then two liens in 2010 for failure to pay penalties and enforcement costs. (Defendant's RJN # 2 -4.) Plaintiff conveyed the Property via a grant deed to Charles P. Schwartz, III, Trustee of the Schwartz Family Trust, dated February 4, 2021. This conveyance occurred on February 12, 2021. (Defendant's...
2024.03.28 Motion for Leave to File SAC 094
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.03.28
Excerpt: ...sdiction and on real property subject to the County's ownership or control....” (FAC ¶16.) “Private property may be taken or damaged for a public use and only when just compensation, ascertained by a jury unless waived, has first been paid to, or into court for, the owner. The Legislature may provide for possession by the condemnor following commencement of eminent domain proceedings upon deposit in court and prompt release to the owner of ...
2024.03.27 Motion to Enforce Settlement 307
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.03.27
Excerpt: ...ompromise and release. Defendants were supposed to pay Smith 20 quarterly payments in varying amounts over the course of five years. Defendant made a single payment of $3,000 in March 2023 and nothing since. The settlement agreement contains an enforcement provision pursuant to CCP §664.6. (Exhibit 1, Section 9.) Plaintiff Smith moves pursuant to CCP §664.6 to enforce the settlement agreement. LAW AND MOTION TENTATIVE RULINGS DATE: MARCH 27, 2...
2024.03.26 Motion for Attorney Fees 424
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.03.26
Excerpt: ...aring related to its effort to impose a 47% rent increase on its residents. This Court sustained a demurrer ruling that the park owner had failed to join the park's residents as parties. An appeal followed, then a remand, which resulted in the case's dismissal with prejudice. Defendant then filed a motion for attorneys' fees based upon CCP §1021.5 which was granted. The park owner unsuccessfully appealed that ruling, and this motion seeks the A...
2024.03.25 Petition for Relief from Government Claims Act 388
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.03.25
Excerpt: ...claration from his counsel. On March 17, 2023, Petitioner was followed home by police officers from the Scotts Valley Police Department. (“SVPD”) for a nonfunctional front headlight (Dec. of Nordgreen at ¶ 1 and Opp at pg. 2.) An incident ensued and initially Petitioner was charged with a misdemeanor, but that charge was later dropped after his attorney became involved. (Dec. of Nordgreen at ¶ 3.) On March 29, 2023, Petitioner called the SV...
2024.03.25 Motion to Consolidate 539
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.03.25
Excerpt: ... unnecessary costs or delay. A consolidation of actions does not affect the rights of the parties. The purpose of consolidation is merely to promote trial convenience and economy by avoiding duplication of procedure, particularly in the proof of issues common to both actions. (Wouldridge v. Burns (1968) 265 Cal.App.2d 82, 86.) Whether to consolidate rests in the sound discretion of the trial court and will not be disturbed on appeal except upon a...
2024.03.22 Demurrer 380
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.03.22
Excerpt: ...bel, slander and false light invasion of privacy. A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) When considering demurrers, courts read the allegations liberally and in context. (Taylor v. City of Los Angeles Dept. of Water and Power (2006) 144 Cal.App.4th 1216, 1228.) The court “treat[s] the demurrer as admitting all material facts properly pleaded, but not con...
2024.03.21 Motion to Strike, for Bifurcation 609
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.03.21
Excerpt: ...r declaratory relief (against all Defendants). Plaintiffs seek a preliminary and permanent injunction restraining the Vorises' use of the first and second level decks; for an order compelling removal of the first and second level decks, for a declaration that the Vorises' property's deed created an equitable servitude that restricts construction of structure within the setback area identified in the deed; for a declaration that use of the fir...
2024.03.20 Petition for Writ of Mandate 517
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.03.20
Excerpt: ...ejected on the merits. • Petitioner's second action (21CV00537) asserted a challenge to the November 2020 approval of an amendment to the PWS EIR. The case was dismissed on demurrer based on the statute of limitations. • Petitioner's third action (21CV02699) challenged the October 2021 adoption of an addendum regarding minor design changes. It was dismissed for failure to file a timely Request for Hearing. In this action, Petitioner challeng...
2024.03.20 Demurrer 605
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.03.20
Excerpt: ...physical injury. (Please see attached detailed information.)” • Intentional tort: “Defendants maliciously and intentionally applied restraints in a manner contrary to accepted practice causing Plaintiff to suffer a permanent physical injury. (Please see attached detailed information.)” • Premises Liability: “Defendants improperly applied restraints and dragged Plaintiff down a set of stairs. (See attached detailed account.)” • Exe...
2024.03.19 Motion for Trial Preference 805
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.03.19
Excerpt: ...makes both the following findings: (1) The party has a substantial interest in the action as a whole. (2) The health of the party is such that a preference is necessary to prevent prejudicing the party's interest in the litigation. (Empasis added.) In support of this request, Plaintiff submits a declaration from her counsel stating upon information and belief that Plaintiff is 72 years of age, suffers from high blood pressure, diabetes, and had ...
2024.03.14 Petition to Compel Arbitration 110
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.03.14
Excerpt: ...o Defendant at the time of sale. Plaintiffs claim that Defendant could not repair the vehicle to alleviate or repair the defect and should now replace the car or make restitution to Plaintiffs. Plaintiffs' causes of action: 1. Violation of Civil Code §1793.2(d) (Song- Beverly Act): failure to service the vehicle to conform to the applicable express warranties after a reasonable number of opportunities 2. Violation of Civil Code §1793.2(b): fail...
2024.03.14 Motion to Declare Vexatious Litigant 552
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.03.14
Excerpt: ...attempt to relitigate issues previously litigated against them, may be barred from filing new lawsuits without prior leave of court. (CCP §§391 -391.7.) Any person who “commences, institutes or maintains” an action in pro per may be determined to be a vexatious litigant. §391(d). There are five bases set forth in §391(b) for declaring a person a vexatious litigant. The plaintiff's conduct must fall within one of these categories, and th...
2024.03.14 Motion for Stay 094
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.03.14
Excerpt: ...y be taken or damaged for a public use and only when just compensation, ascertained by a jury unless waived, has first been paid to, or into court for, the owner. The Legislature may provide for possession by the condemnor following commencement of eminent domain proceedings upon deposit in court and prompt release to the owner of money determined by the court to be the probable amount of just compensation.” (Cal. Constitution, Art. I, Section...
2024.03.14 Demurrer, Motion to Strike 562
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.03.14
Excerpt: ...nt (“FAC”) on November 27, 2023. Defendant has again brought a demurrer and motion to strike. Plaintiff alleges the following causes of action in his FAC: (1) Fraud - Concealment; (2) violation of Business and Professions Code section 17200; (3) violation of the Song -Beverly Consumer Warranty Act - Breach of Express Warranty; (4) violation of Song -Beverly Consumer Warranty Act - Breach of Implied Warranty; and (5) violation of Song -Beverly...
2024.03.13 Motion to Set Aside Dismissal and Enter Judgment Pursuant to Stipulated Settlement 257
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.03.13
Excerpt: ...n August 15, 2023. Pursuant to the Agreement, the parties stipulated that judgment would be entered in favor of Plaintiff and against defendant in the principal amount of $3,771.83 (principal), plus costs in the amount of $314.00. The judgment was to be stayed and no judgment would be entered so long as Defendant timely and properly made all payments as agreed. (Settlement Agreement at ¶¶ 1 -5.) The Agreement contained a clause which permitted ...
2024.03.08 Motion for Summary Judgment 275
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.03.08
Excerpt: ...estrian- automobile accident, when he was struck by a vehicle driven by a Santa Cruz City Schools employee. Plaintiff is in pro per. Her handwritten complaint, filed 6/10/20, fails to plead that she presented any timely government claim. I. DEFENDANT'S MOTION Defendant moves for summary judgment on the grounds no government claim was presented. It presents the following undisputed facts: Plaintiff's Complaint includes a single cause of action fo...
2024.03.07 Petition for Writ of Mandate 683
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.03.07
Excerpt: ...Santa Cruz (“City”), and the County of Santa Cruz (“County”) -- challenge the Regents' September 30, 2021 approval of the 2021 Long Range Development Plan (“LRDP”) for the UCSC campus, the certification of the related EIR, and other related approvals (hereinafter referred to as the “LRDP Approvals”). Petitioners assert that the Regents violated a variety of substantive and procedural requirements of CEQA in relying on a defective...
2024.03.07 Motion to Tax Costs 347
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.03.07
Excerpt: ...ings (“Grow Holdings”), and of Quay Hays and Grow Land & Water, is denied as untimely. (CRC 3.1700(b)(4).) Grow Holdings is awarded $1,477.22. Quay Hays and Grow Land and Water are awarded $19,505.22. ANALYSIS: Prevailing parties are entitled to recover certain categories of costs as a matter of right. (CCP §1032.) Certain items of costs are specifically allowable, while others are specifically prohibited under CCP §1033.5(a)(b). The cour...
2024.03.07 Motion for Preliminary Injunction 238
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.03.07
Excerpt: ...r future caregivers, as both are elderly, and that they have obtained approval for the proposed ADU from both the City of Santa Cruz and the Coastal Commission. The properties at issue are located on West Cliff Drive (the property owned by the Defendants) and Manor Avenue (the property owned by Plaintiff.) A First Amended Complaint was filed on February 15, 2024, alleging: 1. Violation of Public Resources Code section 30251. 2. Nuisance. 3. Cove...
2024.03.07 Motion for Attorney Fees 347
Location: Santa Cruz
Judge: All Departments
Hearing Date: 2024.03.07
Excerpt: ...8 -day trial. The jury's verdict found Defendants liable for Plaintiffs' claims for breach of contract, breach of the implied covenant of good faith and fair dealing and findings as to fiduciary duties owed by Defendant Torres. Following the jury trial, a court trial proceeded on the issues of alter ego and prejudgment interest. The Court ruled that Quay Hays, Grow Land and Water, and Green Renewable Organic and Water Holdings (“Grow Holdings...

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