Parties may appear remotely using Zoom. Giving the complaint a reasonable interpretation, and reading it in context, the demurrer based on the statute of limitations is overruled. (f)(2) A motion for summary adjudication may be m DEMURRER TO FAC Tentative rulings are available on this website, on the pages linked below. ET AL. App. MOTION FOR TERMINATING AND MONETARY SANCTIONS (Declaration of T. Taylor p. 1: 3) A Further Case Management Conference for tria setting shall be scheduled for Friday, June 11, 2021 at 8:30 a.m. in Dept 5 of this court 5 MOTION FOR RELIEF FROM ORDER The moving party having demonstrated mistake, inadvertence, surprise, or excusabl neglect, the motion for relief from order is granted. The District is ordered to (1) Produce all remaining non-privileged, responsive documents, including Electronicall Stored Information (ESI), to Plaintiffs Request for Production of Documents and Tangibl Things to Defendant Santa Cruz City Schools, Set Four, Nos. Motion to Compel Further Responses to Special Interrogatories from Roberta Dunton The court has conducted an independent review of the administrative record, whic demonstrates that Petitioner voluntarily submitted to a breath test but refused to submit to warrantless blood test. If you want to search the entire state for examples of a rulings, go straight to the "Search by Keyword" box and enter keywords for your ruling. In addition to causing prejudice to Defendants in the form of additional discovery, costs COMPLAINT by Biostem Technologies The demurrer is overruled. I. BONY et al.s Demurrer Plaintiff has failed to file a Separate Statement as require by CRC 3.1345(a) when a party is requesting further responses. Debtor should bring documentary proof of the alleged vehicle related source of funds; proof of other sources of income available to the househo MOTION FOR PREFERENCE IN TRIAL SETTING In view of the policy of liberality in permitting amendments to the complaint, the absence of any showing of prejudice to Defendants, and the prejudice to Plaintiff if leave to amend were denied, Scarborough Lumbers unopposed motion for leave to file a FAC is granted. The court exercises its discretion pursuant to CCP 631(g) to grant Plaintiff relief from waiver of a jury trial based on the showing of inadvertence by Plaintiffs counsel in failing to timely post jury fees, and the lack of any showing of preju WOLFES MOTION TO CHANGE VENUE Defendant has provided no valid grounds upon which the judgment may be vacated, therefore the motion to set aside/vacate the renewal of judgment is denied. The parties are instructed to appear, and to be prepared to address the following: If you are the prevailing party you must prepare and submit a formal order in compliance with Local Rule 2.10. Plaintiff is to serve Defendant with code compliant responses t the Defendants First Set of Requests for Production, Form Interrogatories and Sp MATTERS ADMITTED The Motion to Compel Responses to Form Interrogatories is granted. Evidentiary rulings FAQs on California Rule of Court 3.672 Remote Appearances. INDEMNITY 3 DEFENDANT HODROJS MOTION FOR SUMMARY X-C You may make your notification to the Court by leaving a message when prompted to do so at the end of the recorded greeting. that defendant acted wi PHH MORTGAGES MOTION FOR TERMINATING SANCTIONS The motion for terminating sanctions is denied. The Court will consider Plaintiffs level of cooperation with Brian Murtha in fulfilling his discovery obligations in deciding the motion. In view of Defendants notice of appeal filed 9/12/18 and the automatic stay of proceedings upon the filing of that appeal, the hearing on the motion for order for sale of dwelling is continued Nov. 15, 2018 on the condition Defendant timely cure the default identified in the Appellants Notice of Default dat MOTION FOR LEAVE TO FILE FAC 1 MOTION TO STRIKE DEFENDANTS ANSWER AND FOR JUDGMENT The motion to strike the Answer (and amended Answer) and enter judgment pursuant t CCP 586 is denied. The order overruling the demurrer is vacate and the Parties are requested to appear at the hearing to set a hearing date on Newman demurrer to the First Amended Complaint. MOTION FOR TRIAL PREFERENCE WITNESS As to the First Cause of action for Violation of Civil Code 2923.55 (Issue One), Defendant has met its burden of showing that there is a complete defense to the First cause of action through the declaration attached to the Notice of Default. The motion to tax costs is GRANTED. Wals MOTION FOR JUDGMENT ON THE PLEADINGS The motion for Judgment on the Pleadings is granted on the ground that the complain states facts sufficient to constitute a cause of action and Defendant has not stated facts sufficien to constitute a defense to the complaint. The City has demonstrated good cause to compel further responses to its Requests for Production, Set One, Nos. Tentative rulings for certain departments are available this website, on the pages linked below. Civ. The demurrer to the fifth cause of action is overruled, except as to the individual Defendants, as discussed below. Santa Clara (4032) Santa Cruz (599) Shasta (547) Solano (594) Sonoma (1796) Stanislaus (954) Tulare (1263) Tuolumne (134) Ventura (1714) Yolo (386) Search by Keyword: . The tender MOTION TO DEEM ADMISSIONS ADMITTED will be able to access it on trellis. 4th 102, 119. E.M.D.R. The failure to properly plead the statute of limitations waives APPEAL OF LABOR COMMISSIONER AWARD Each business day, we continue to search, capture, and post the most instructive, pertinent, and helpful civil rulings from every county to position you for success at every appearance. Plaintiffs motion for statutory fees and costs pursuant to Civil Code 1794(d) is granted. Rathe plaintiff must allege specific facts showing that defendants conduct was oppressive, fraudulen or malicious (e.g. It is premature for the court to rule on Defendants challenges to Plaintiffs proposed Second Amended Complaint until Plaintiff has filed a Second Amended Complaint and has an opport PLAINTIFFS MOTION FOR SUMMARY JUDGMENT The motion is DENIED. DISCOVERY MOTIONS The application is granted. Plaintiff is given leave to amend. 1 (UNOPPOSED) MOTION FOR LEAVE TO FILE FAC Based upon Simas having filed a statement of non-opposition, the motion for leave to fil a FAC is granted. (see Schifando v. City of Los Angeles, (2003) 31 Cal. Moreover, Defendant has not demonstrated MOTION TO SET ASIDE DEFAULT AND JUDGMENT The motion to set aside the default and judgment is denied as untimely County Counsel is requested to appear at the hearing. County Name Santa Cruz County Population 273,213 Area (sq mi) 446 County Seat Santa Cruz Established Year 1850 Board of Supervisors District 1 - John Leopold District 2 - Zach Friend District 3 - Ryan Coonerty District 4 - Greg Caput Cal Gov Code 815.2 Causes of injuries for which public entity liable; Absence o liability where employee immune: (a) A public entity is liable for injury proximately caused by an act or omission of a em DEMURRER The demurrer to the Second cause of action for negligence is sustained with leave t amend. measurements of the balustrade necessary for Defendant to complete that portion of the Settlement Ag PLAINTIFFS (PITCHESS) MOTION FOR PRODUCTION OF EVIDENCE App. 4th 647, this case does not involve personal services. In the future, we will continue to upgrade our website, adding new features designed to give you an even greater advantage as you create winning outcomes in the courtroom. The Petition for Approval of Minors Compromise is tentatively approved but counsel, the Petitioner and the minor plaintiff should appear to discuss the proposed order as it relates to distribution of the settlement proceeds to the minor on her 18th birthday. The genuineness of any documents and the truth of all matters specified in Plaintiffs Request for Admissions, Set 1, are deemed admitted. Pursuant to CCP 1291.98 (a), the party who drafted an arbitration agreement and i required by the agreement to pay arbitration fees, but fails to pay the arbitration fees within 3 d MOTION TO COMPEL The motion is denied. Unlike Borelli v. Brusseau, (1993) 12 Cal. The Tentative Rulings are available online by clicking the link below, or by telephone at (209) 533-6633 after 3:00 p.m. the court day before the hearing. In state-court civil litigation cases filed in Santa Cruz County Superior of California, courts may issue tentative rulings prior to motion hearings. Thank you for your patience while we perform this work. However, this tentative ruling information is usually taken down from the court's website after several days or weeks. (Suezaki v. Superior Court of Santa Clara County (1962) 58 Cal.2d 166, 177].) The concern raised by Defendant in his limited opposition with respect to a possible conflict between Plaintiff and her counsel is tangential to this motion and speculative. MOTION TO BE RELIEVED AS COUNSEL Example: Enter "Quash Protective . The parties are instructed to meet and confer as to the dates for these two depositions. Plaintiffs motion to set aside and vacate default judgment on the grounds Defendant was not the party who opened and used the Capital One Bank account is granted. A walk-in clinic is available Monday through Friday from 9:00 am to 12:00 pm (noon). Custom WebShop website design by NextClient.com. Learn about Remote Appearances Face-coverings at the Courthouse: Effective Monday, March 7, 2022 the Court is modifying face-covering rules.The Court strongly encourages, but will not require, face-coverings for those who are fully vaccinated in all court facilities. The motion was filed within 60 days of the filing of the First Amended Cross Complaint; and the conditions of t MOTION TO INTERVENE The motion for leave to intervene is granted. Proposed intervenor, as a beneficiary, not a co-truste Insurance Company CAIC and Voyager Indemnity Insurance Company have brought cross-motions fo summary judgment. 1 (UNOPPOSED) DEMURRER The demurrer to the First cause of action for negligence on the ground that it is barred b the two-year statute of limitations in CA CCP 335.1 is overruled CA Rules of Court, Emergency Rule 9 provides: Tolling statutes of limitations for civil causes of action (a) Tolling statutes of limitations over 180 days Notwithstanding (UNOPPOSED) MOTION FOR JOP The motion for judgment on the pleadings is granted. Each of Plaintiffs three causes of action are based on Defendant Plaintiffs Motion is granted in-full. MHC WEST HOLDING COMPANY 1 (UNOPPOSED) MOTION FOR PRELIMINARY INJUNCTION The motion for a preliminary injunction is granted. The pleading and papers shall be transferred to San Mateo County upon Plaintiffs payment to the clerk an costs associated with the transfer pursuant to CA CCP 399(a) DEFENDANTS MOTION TO COMPEL VERIFIED RESPONSES TO WRITTEN DISCOVERY AND FOR MONETARY SANCTIONS The unopposed motion to compel verified responses to written discovery and fo monetary sanctions is granted. However, the court finds that the following reductions in the amount of Plaintiffs fee request are appropriate: (See Request for Stay at pp.5-6.) (UNOPPOSED) APPLICATION FOR RIGHT TO ATTACH ORDER AND WRIT OF ATTACHMENT (Cal Cod Civ Proc 2023.010 (h), 2023.030 (a), 2025 (UNOPPOSED) PETITION TO RELEASE PROPERTY FROM MECHANICS LIE The unopposed Petition having been noticed and served in compliance with Civil Cod 8482 et seq., the Petition is Granted. Code 8460 therefore th lien expired. The motion to hold this case in abeyance is denied. 2019 - 2022 Tentative Rulings. MONTEREY BAY AVIATION INC. V CITY OF WATSONVILLE ET AL. PETITION FOR APPROVAL OF MINORS COMPROMISE MOTION FOR SUMMARY JDUGMENT/ADJUDICATION et al., the motion to produce personnel records is granted. TERRAPIN TRADINGS DEMURRER TO GREAVES et al. Tentative rulings in Santa Cruz County Superior Court for the state of California are posted on the court's website prior to each law and motion hearing for civil cases. The TR will remain in effect until the new hearing date. A prevailing party who claims costs must serve and file a memorandum of costs within 15 days after the date of service of the notice of entry of judgment. Counsel for Rego is directed to file the Answer to the Cross-Complaint attached a Exhibit C to the Declaration of Michael Tunink. DEMURRER, MOTION TO STRIKE It is well established that an amendatory pleading supersedes the original one, whic ceases to perform any function as a pleading. Thus, an amended complaint supersedes all prio complaints. 10. "[The trial court must determine whether the parties entered into a valid and binding settlement of all o part of the case. Moreover even if the responses had been served by mail on 8/28/18, pursuant to Cal Code Civ Proc 1013(a), service is complete at the DEFENDANTS MOTION TO REOPEN DISCOVERY Any amended complaint shall be filed no later than November 5, 2018. As to the demurrer to the First Cause of Action, CA CCP 2924c(a) (1) provides that the mortgagor may pay to the beneficiary the entire amount due, as shown in the notice of default. The demurrers to the Amended Complaint brought by Granite Construction, Inc., and b Pricewaterhouse Coopers LLP, and the Application by Danielle L. Rose to appear as counsel pr hac vice, are continued to April 6, 2021 at 8:30 a.m. in Dept. Thus Defendant was properly served pursuant to CC MOTION FOR TERMINATING SANCTIONS Defendant John McEnery previously brought an unsuccessful motion for a mandator preliminary injunction, requesting essentially the same relief in July 2020. The Petition for Compromise of Minors disputed claim is granted. CRC 3.1700(a)(1). I. COMPLAINT MARINER HEALTH CARE, INC. CROSS-DEFENDANT ANDERSEN ENVIRONMENTALS MOTION FOR SUMMARY JUDGMENT OR IN THE ALTERNATIVE SUMMARY ADJUDICATION AS TO However, defendants do not dispute liability to Plaintiff in the suggested amount, therefore summary judgment in the defendants f DEMURRER TO FAC 5 as phrased is a contention question, therefore the objection is sustained (Attorney could have asked Did your vehicle strike the Plaintiff? which would have asked fo facts without asking Defenda ANTI-SLAPP MOTION TO STRIKE CROSS-COMPLAINANT ROBERT LINDOW FIRST AMENDED CROSS-COMPLAINT by Nemat and Maryam Maleksaleh The motion is granted. District 1 John LeopoldDistrict 2 Zach FriendDistrict 3 Ryan CoonertyDistrict 4 Greg CaputDistrict 5 Bruce McPherson, 701 Ocean Street, Room 520 Santa Cruz, CA 95060. Santa Cruz County Superior Courts County Name Santa Cruz County Population 273,213 Area (sq mi) 446 County Seat Santa Cruz Established Year 1850 Board of Supervisors District 1 - John Leopold District 2 - Zach Friend District 3 - Ryan Coonerty To arrange to appear and contest a tentative ruling: Parties who do not call to contest the ruling before 4:00 pm on the court day before the hearing, or who appear without notice to both the Court and opposing counsel, will not be heard. MOTION TO COMPEL RESPONSES TO DISCOVERY Giving the complaint a reasonable interpretation and reading it in context, the demurrer to the Second and Third causes of action for fraud and negligent misrepresentation are overruled. In view of Plaintiffs disobedience of the Courts order filed 6/27/18 compelling discovery responses and the Courts order filed 7/9/18 compelling Plaintiffs deposition, Defendants motion for monetary sanctions is granted. However, Plaintiff persuasively argues that permitting the discovery may prevent the case from going to trial on the date set, or otherwise interfere with the trial cale NATIONSTARS MOTION FOR SUMMARY JUDGMENT OR IN ALTERNATIVE The opposition declaration of David Morales provides a reasonable explanation for his failure to respond to Ms. Mdinaradzes May 29, 2018 meet and confer letter, as well as Plaintiffs need for discovery as to the relatio Plaintiffs RJN The motion is GRANTED. Creative, Inc. v Creative Cotton, Ltd. (1999) 75 Cal.App.4th 486, 496.) CSAAs motions for summary judgment on the complaint and cross-complaint are GRANTED. Moreover, proposed intervenor attached her proposed answer i intervention to the Declaration of Murray filed 4/19/21. A court has discretion to deny a motion for summary adjudication for failure to comply with California Rule of Court 3.1350. Petitioners have not prove beyond a reasonable doubt that Kim Kephart has willfully disobeyed the Courts 10/23/18 orde or that she has the ability to make Shane Kephart and/or Kiele Wallace comply with the order (Conn v. Superior Court (1987) 196 Cal.App.3d 774, 784 ) As to Tim Kephart, unless MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT The unopposed motion is granted. Plaintiffs counsel is ordered to personally appear and provide a status update to the Court. 2 Plaintiff First [T]wo facts are absolutely prerequisite to imposition of the [terminating] sanction: (1 there must be a failure to comply . The application is GRANTED and Brian Keith Gibson is admitted as counsel pro hac vice for Bell Sports, Inc. Get a broader analysis of a particular judge and how they handled specific cases in the past. As too often happens in MSJs, the merits of a case are obscured to the point of invisibility in the deluge of statements, counterstatements and objections, that mark modern summary judgment practice. CA CCP 437c provides in relevant part: Welcome to your new partner for researching case law, studying current judicial application, and developing winning strategies! The Court grants an extension to November 11, 2021, with counsel having the right t request, or stipulate to, a further extension. To clear your cache hold down the CTRL and F5 buttons at the same time. Mr. Landis is to bring a noticed motion for release of the funds within 90 days of todays date, setting forth the claims of Mr. Prior to the scheduled hearing of a Law and Motion, Complex Civil Litigation or a Discovery matter, the Court may issue a tentative ruling, in the discretion of the judge. The CTRL and F5 buttons at the same time County ( 1962 ) 58 166... 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