Santa Cruz County
273,213
446
Santa Cruz
1850
District 1 – John Leopold
District 2 – Zach Friend
District 3 – Ryan Coonerty
District 4 – Greg Caput
District 5 – Bruce McPherson
General Law
701 Ocean Street, Room 520 Santa Cruz, CA 95060
The city of Santa Cruz, from Mission Santa Cruz (Spanish for "holy cross").
The motion is denied, as follows: As to the 1st and 2d c/as for breach of fiduciary duty and breach of the Services Agreemen These causes of action are based on the Services Agreement. This court previously found that the Encompass was acting as property manager an fiscal agent for CFSC under the Services Agreement; and that CFSC was acting as prin...
Jan 07, 2021
: Timothy Volkmann</p>
Santa Cruz County, CA
DEMURRER TO SAC The demurrer to the First cause of action for dissolution of partnership is sustaine without leave to amend. “The statute of limitations to be applied is determined by the nature of the right sue upon, not by the form of the action or the relief demanded.” (Day v. Greene (1963) 59 Cal.2 404, 411) The nature of the right sued upon in...
Jan 07, 2021
: Timothy Volkmann</p>
Santa Cruz County, CA
DEMURRER TO FIRST AMENDED PETITION FOR WRIT OF MANDATE Preliminarily, the court notes that the new allegations in the First Amended Petitio (FAP) consist of improper argument, and appear to be a procedurally improper attempt to obtai reconsideration of the court’s prior ruling, which sustained the County’s demurrer to the origina petition as being ...
Jan 05, 2021
: Timothy Volkmann</p>
Santa Cruz County, CA
(UNOPPOSED) MOTION FOR ATTORNEY’S FEES The unopposed motion for attorney’s fees as prevailing party on a contract is granted Plaintiff is awarded as reasonable attorney’s fees the sum of $6,530.00. (CA Civil Code 1717(a)&(b), CCP §§ 1032 and 1033.5)...
Jan 05, 2021
: Timothy Volkmann</p>
Santa Cruz County, CA
DEMURRER TO FIRST AMENDED COMPLAINT As to the request to bar each cause of action based on Res Judicata, that request is denied Res Judicata arises if a second suit involves (1) the same cause of action (2) between the sam parties (3) after a final judgment on the merits in the first suit. (DKN Holdings LLC v. Faerbe (2015) 61 Cal.4th 813, 824.) He...
Jan 04, 2021
: Rebecca Connolly</p>
Santa Cruz County, CA
MOTION TO BE RELIEVED AS COUNSEL The motion is being continued to 1/20/21 at 8:30AM in Dept. 5 so that Plaintiff’s counse can serve Plaintiff with the proposed order prior to the hearing. (CA Rules of Court rul 3.1362(d)) MOTION FOR ORDER ESTABLISHING ADMISSIONS The motion for an order establishing admissions is being continued to 1/20/21 at 8:3 AM...
Dec 31, 2020
: Timothy Volkmann</p>
Santa Cruz County, CA
MOTION FOR ORDER DEEMING ADMISSIONS ADMITTED The unopposed motion is granted. The genuineness of the documents and truth of th matters specified in Plaintiff’s Requests for Admission, served on Defendant on May 13, 2020 are deemed admitted. 1...
Dec 29, 2020
: Timothy Volkmann</p>
Santa Cruz County, CA
MOTION TO DEEM MATTERS ADMITTED The motion is granted. The truth of the matters specified in Plaintiff’s Requests fo Admissions, Nos. 1 through 5, which were served on Defendant on February 4, 2020, are hereb deemed admitted. 1...
Dec 23, 2020
: Rebecca Connolly</p>
Santa Cruz County, CA
AGAINST DEFENDANT Plaintiff’s unopposed motion to vacate the dismissal entered on June 7, 2019, and to ente judgment against Defendant pursuant to CCP §664.6, is granted...
Dec 22, 2020
Santa Cruz County, CA
(UNOPPOSED) MOTION TO BE RELIEVED AS COUNSEL The motion is granted. Counsel should revise item 7 of the proposed order to say that th next scheduled hearing in this action or proceeding is set for January 15, 2021 8:30 a.m., Dept.5 1...
Dec 22, 2020
: Timothy Volkmann</p>
Santa Cruz County, CA
(UNOPPOSED) MOTION TO BE RELIEVED AS COUNSEL The motion is granted. Counsel should revise item 7 of the proposed order to say that th next scheduled hearing in this action or proceeding is set for January 15, 2021 8:30 a.m., Dept.5 1...
Dec 22, 2020
: Timothy Volkmann</p>
Santa Cruz County, CA
MOTION FOR SUMMARY JUDGMENT/SUMMARY ADJUDICATION The motion for summary judgment is granted. Plaintiff’s Qualified Witness, Carol Rios has now authenticated the documents supporting the motion. These documents consist of • Defendant’s account application-- Ex. A to Rios declaration • A Consumer Credit Card Agreement and Disclosure Statement, with t...
Dec 21, 2020
: Timothy Volkmann</p>
Santa Cruz County, CA
DEMURRER The demurrer to the second cause of action for violation of fiduciary duties arising from consensual fiduciary relationship is sustained, without leave to amend An insurance broker does not generally owe a fiduciary duty to an insured. Hydro-Mil Co, Inc. v Hayward Tilton & Rolapp Ins. Associates, Inc. (2014) 115 Cal. App. 4th 1145, 1156 57...
Dec 21, 2020
: Rebecca Connolly</p>
Santa Cruz County, CA
MOTION TO SET ASIDE DEFAULT Based upon the Court’s clerical error in denying the fee waiver request and requirin Plaintiff to fill out paragraphs 10 and 11 of the Request to Waive Court Fees, the voiding of th filing of the complaint will be set aside and Plaintiff will be allowed to file her Complaint as o 6/23/20 once the fee waiver request has b...
Dec 21, 2020
: Rebecca Connolly</p>
Santa Cruz County, CA
MOTION TO COMPEL ARBITRATION “[W]hen a petition to compel arbitration is filed and accompanied by prima faci evidence of a written agreement to arbitrate the controversy, the court itself must determin whether the agreement exists and, if any defense to its enforcement is raised, whether it i enforceable. (Esparza v. Sand & Sea, Inc. (2016) 2 Cal.A...
Dec 18, 2020
: Rebecca Connolly</p>
Santa Cruz County, CA
MOTION TO COMPEL ARBITRATION “[W]hen a petition to compel arbitration is filed and accompanied by prima faci evidence of a written agreement to arbitrate the controversy, the court itself must determin whether the agreement exists and, if any defense to its enforcement is raised, whether it i enforceable. (Esparza v. Sand & Sea, Inc. (2016) 2 Cal.A...
Dec 18, 2020
: Rebecca Connolly</p>
Santa Cruz County, CA
MOTION TO COMPEL ARBITRATION “[W]hen a petition to compel arbitration is filed and accompanied by prima faci evidence of a written agreement to arbitrate the controversy, the court itself must determin whether the agreement exists and, if any defense to its enforcement is raised, whether it i enforceable. (Esparza v. Sand & Sea, Inc. (2016) 2 Cal.A...
Dec 18, 2020
Santa Cruz County, CA
The motion to compel further responses to RFA’s Set One is granted. Mr. Ramos i ordered to serve verified responses to Connellys’ Request for Admissions Set One within 3 days of service of this order. Monetary sanctions are denied on the ground Ramos acted with substantial justificatio when he objected on the basis the matter was subject to binding...
Dec 17, 2020
Santa Cruz County, CA
(UNOPPOSED) MOTION TO BE RELIEVED AS COUNSEL The motion is granted. Counsel is ordered to add to item 8 of the proposed order the dat by which Defendants must file and serve the Response to the FAC and to file a proof of servic when Defendants are served with the order....
Dec 17, 2020
: Timothy Volkmann</p>
Santa Cruz County, CA
(UNOPPOSED) MOTION TO BE RELIEVED AS COUNSEL The motion is granted. Counsel is ordered to add to item 8 of the proposed order the dat by which Defendants must file and serve the Response to the FAC and to file a proof of servic when Defendants are served with the order....
Dec 17, 2020
: Timothy Volkmann</p>
Santa Cruz County, CA
(UNOPPOSED) MOTION TO BE RELIEVED AS COUNSEL The motion is granted. Counsel is ordered to add to item 8 of the proposed order the dat by which Defendants must file and serve the Response to the FAC and to file a proof of servic when Defendants are served with the order....
Dec 17, 2020
Santa Cruz County, CA
The motion to compel further responses to RFA’s Set One is granted. Mr. Ramos i ordered to serve verified responses to Connellys’ Request for Admissions Set One within 3 days of service of this order. Monetary sanctions are denied on the ground Ramos acted with substantial justificatio when he objected on the basis the matter was subject to binding...
Dec 17, 2020
: Timothy Volkmann</p>
Santa Cruz County, CA
DEFENDANT’S MOTION TO DISMISS The Court will confer with the parties to discuss: 1) whether the Plaintiff intends t proceed with this action, and 2) if so, the setting of a Court Trial, no later than 1/31/21...
Dec 16, 2020
: Timothy Volkmann</p>
Santa Cruz County, CA
MOTION TO COMPEL SUBPOENAED DOCUMENTS The motion to compel subpoenaed documents is denied. Cal Code Civ Proc § 1987 Service of subpoena (b) requires a showing of good cause fo the production of the materials sought. CCP § 2020 et seq., nonparty discovery, also requires a showing of good cause fo production. (Calcor Space Facility v. Superior Court ...
Dec 16, 2020
: Timothy Volkmann</p>
Santa Cruz County, CA
MOTION TO COMPEL SUBPOENAED DOCUMENTS The motion to compel subpoenaed documents is denied. Cal Code Civ Proc § 1987 Service of subpoena (b) requires a showing of good cause fo the production of the materials sought. CCP § 2020 et seq., nonparty discovery, also requires a showing of good cause fo production. (Calcor Space Facility v. Superior Court ...
Dec 16, 2020
Santa Cruz County, CA
DEFENDANT’S MOTION TO DISMISS The Court will confer with the parties to discuss: 1) whether the Plaintiff intends t proceed with this action, and 2) if so, the setting of a Court Trial, no later than 1/31/21...
Dec 16, 2020
Santa Cruz County, CA
(UNOPPOSED) MOTION FOR PRELIMINARY INJUNCTION If a proof of service is filed prior to or at the hearing demonstrating that Plaintiff ha served the order to show cause, the complaint, and all supporting declarations on Defendants b personal service by 12/8/20, the motion for a preliminary injunction will be granted Based upon the declarations submit...
Dec 15, 2020
Santa Cruz County, CA
(UNOPPOSED) MOTION FOR PRELIMINARY INJUNCTION If a proof of service is filed prior to or at the hearing demonstrating that Plaintiff ha served the order to show cause, the complaint, and all supporting declarations on Defendants b personal service by 12/8/20, the motion for a preliminary injunction will be granted Based upon the declarations submit...
Dec 15, 2020
: Timothy Volkmann</p>
Santa Cruz County, CA
(UNOPPOSED) MOTION TO LIFT STAY In view of the fact that the arbitration has occurred, the unopposed motion to lift the sta is granted....
Dec 15, 2020
Santa Cruz County, CA
(UNOPPOSED) MOTION TO LIFT STAY In view of the fact that the arbitration has occurred, the unopposed motion to lift the sta is granted....
Dec 15, 2020
: Timothy Volkmann</p>
Santa Cruz County, CA
MOTION FOR JUDGMENT ON THE PLEADINGS by Defendants Kevin M. an Katherine B. McLarney The motion is granted. Defendant Patrick Heaney has failed to state a claim to th $51,000 in funds deposited by Plaintiff with the court, and which are the subject of thi interpleader action. Defendant Heaney has not asserted a claim to these finds in either hi Ans...
Dec 14, 2020
Santa Cruz County, CA
CALIFORNIA ALTERNATIVE WRIT OF MANDATE It is the court’s intention at this hearing to set a date certain in January 2021 for th University’s release of responsive, non-exempt documents; and to require the University t submit a Vaughn Index concurrently with the release of documents. The Vaughn Index shal identify each record or category of records ...
Dec 14, 2020
Santa Cruz County, CA
The court has reviewed the court record; the declarations of Petitioner, Petitioner’ counsel and Respondent; and the invoices for work performed by Petitioner’s counsel, Pete Rehon and his firm, which Petitioner has paid. Respondent has not challenged the hourly rat billed to Petitioner, the time entries for legal work performed, or the reasonablen...
Dec 14, 2020
Santa Cruz County, CA
MOTION TO SET ASIDE DEFAULT AND DEFAULT JUDGMENT The Court finds that Defendants have met their burden of showing that the default wa entered through mistake, inadvertence, surprise, or excusable neglect. Moreover, because the la strongly favors trial and disposition on the merits, any doubts in applying section 473 must b resolved in favor of the ...
Dec 14, 2020
Santa Cruz County, CA
MOTION TO COMPEL RETURN OF DOCUMENTS AND TO SEAL DOCUMENTS The motion is denied. Plaintiff is required by Bus & Prof Code § §10148 to retain copies of the of th documents relating to his activities as a Broker/Appraiser/Consultant for Defendants for thre years from the date of the transaction. The lease extension with Bank of America was in Marc 20...
Dec 14, 2020
Santa Cruz County, CA
The motion for attorney’s fees is denied without prejudice. As stated in Connellys’ renewed motion for attorney’s fees, their motion is “made on th ground that Respondents Connelly were successful in their Opposition to Petitioner’s Petition t Compel Arbitration in related matter 18CV00897 and the action against them in that matter ha been dismisse...
Dec 10, 2020
Santa Cruz County, CA
APPLICATION FOR ADMISSION PRO HAC VICE The Application of Danielle L. Rose to be allowed to appear in this matter as counsel pr hac vice on behalf of Defendant Laurel Krzeminski is granted. The court finds that al conditions to admission as counsel pro hac vice as outlined in Rule 9.40 of the California Rule of Court have been satisfied. 3...
Dec 10, 2020
: Timothy Volkmann</p>
Santa Cruz County, CA
APPLICATION FOR ADMISSION PRO HAC VICE The Application of Danielle L. Rose to be allowed to appear in this matter as counsel pr hac vice on behalf of Defendant Laurel Krzeminski is granted. The court finds that al conditions to admission as counsel pro hac vice as outlined in Rule 9.40 of the California Rule of Court have been satisfied. 3...
Dec 10, 2020
Santa Cruz County, CA
The motion for attorney’s fees is denied without prejudice. As stated in Connellys’ renewed motion for attorney’s fees, their motion is “made on th ground that Respondents Connelly were successful in their Opposition to Petitioner’s Petition t Compel Arbitration in related matter 18CV00897 and the action against them in that matter ha been dismisse...
Dec 10, 2020
: Timothy Volkmann</p>
Santa Cruz County, CA
The unopposed motion to compel further responses to request for production o documents, Set One is granted. Plaintiff is ordered to serve code compliant further response within fifteen days of service of this order. In light of there being no opposition, Defendants are awarded monetary sanctions agains Plaintiff in the amount of $995.00. (UNOPPOSED...
Dec 09, 2020
Santa Cruz County, CA
DEMURRER TO FAC The demurrer to the First Amended Complaint is overruled. The FAC was filed within the statute of limitations as tolled by Emergency Rule 9. (se CA Rules of Court, Emergency Rules Related to COVID-19 Emergency rule 9 Moreover, Defendant had adequate notice of Sheila Arias’ loss of consortium and Dillo v Legg claims based on the orig...
Dec 08, 2020
Santa Cruz County, CA
DEMURRER TO FIRST AMENDED COMPLAINT The unopposed demurrer to the First Amended Complaint is sustained without leave t amend. Plaintiffs previously brought an action against Defendant Ralph Partners in which the made the same claim which they allege now in their First Amended Complaint for quiet title: tha the sale of Plaintiffs’ former property to...
Dec 08, 2020
Santa Cruz County, CA
FIRST AMENDED MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTIO SETTLEMENT The CMC and Motion for Preliminary Approval of Class Action Settlement are continue to February 8, 2021 at 8:30AM in Dept. 5. 1...
Dec 08, 2020
Santa Cruz County, CA
MOTION TO DEEM MATTERS ADMITTED The unopposed motion is granted. The truth of the matters specified in Plaintiff’ Requests for Admissions, Set One, served on December 3, 2019, are deemed admitted. Plaintif is awarded sanctions of $360 pursuant to CCP §§2033.280(b) and 2023.010(d) 1...
Dec 07, 2020
Santa Cruz County, CA
(UNOPPOSED) MOTION TO BE RELIEVED AS COUNSEL FOR PLAINTIFF The motion is granted. Counsel is ordered to add to item 8 of the proposed order th upcoming deposition dates and to file a proof of service when Plaintiff is served with the order Dept. 5 19CV02666 CAPITAL ONE BANK v FLYNN MOTION TO DEEM FACTS ADMITTED No Opposition having been filed, the ...
Dec 04, 2020
Santa Cruz County, CA
DEMURRER TO PETITION FOR WRIT OF ADMINISTRATIVE MANDATE Defendant’s demurrer to Plaintiff’s Petition is overruled. Plaintiff filed a First Amende Petition on 11/17/20. 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 comp...
Dec 03, 2020
Santa Cruz County, CA
MOTION TO COMPEL DEFENDANTS TO ANSWER POST-JUDGMENT INTERROGATORIES MOTION TO COMPEL DEFENDNATS TO ANSWER POST-JUDGMENT DOCUMENT DEMANDS AND PRODUCE DOCUMENTS The unopposed motions are granted. Defendants/Judgment Debtors Canepa Group, Inc., and Bruce Canepa to ordered to serve answers to Plaintiff’s Post-Judgment Interrogatories (Se One) and Post-...
Dec 02, 2020
Santa Cruz County, CA
MOTION FOR JUDGMENT ON THE PLEADINGS The motion for JOP as to the First cause of action is granted without leave to amend “Because the action is in equity, a defaulted borrower who seeks to set aside a trustee' sale is required to do equity before the court will exercise its equitable powers. Consequently, a a condition precedent to an action by th...
Dec 02, 2020
Santa Cruz County, CA
The demurrer by Defendant Lonna Larch is sustained, with leave to amend The existence of an employer/employee relationship is a necessary element of each o Plaintiff’s causes of action against Defendant Larsh. To allege such a relationship Plaintiff mus allege that Dr. Lash exercised control over the benefits, terms and conditions of Plaintiff’ emp...
Dec 02, 2020
Santa Cruz County, CA
FINAL APPROVAL OF CLASS ACTION SETTLEMENT The motion is GRANTED, on the condition that, prior to or at the hearing, Counsel fo Plaintiff files a copy of the fee agreement in compliance with Cal Rules of Court, Rule 3.769(b) Generally, “questions whether a settlement was fair and reasonable, whether notice t the class was adequate, whether certifica...
Dec 01, 2020
Santa Cruz County, CA
APPLICATION FOR ADMISSION PRO HAC VICE The Application of Cesar Tavares to be allowed to appear in this matter as counsel Pr Hac Vice on behalf of Plaintiff John Sidney Davenport Lord is granted. The court finds that al conditions to admission as counsel Pro Hac Vice as outlined in Rule 9.40 of the California Rule of Court have been satisfied. 2...
Nov 30, 2020
Santa Cruz County, CA
DEMURRER TO FIRST AMENDED COMPLAINT The unopposed demurrer to the First Amended Complaint is sustained without leave t amend. Plaintiffs previously brought an action against Defendant Ralph Partners in which the made the same claim which they allege now in their First Amended Complaint for quiet title: tha the sale of Plaintiffs’ former property to...
Nov 30, 2020
Santa Cruz County, CA
DEMURRER TO FIRST AMENDED COMPLAINT The unopposed demurrer to the First Amended Complaint is sustained without leave t amend. Plaintiffs previously brought an action against Defendant Ralph Partners in which the made the same claim which they allege now in their First Amended Complaint for quiet title: tha the sale of Plaintiffs’ former property to...
Nov 30, 2020
Santa Cruz County, CA
DEMURRER TO FIRST AMENDED COMPLAINT The unopposed demurrer to the First Amended Complaint is sustained without leave t amend. Plaintiffs previously brought an action against Defendant Ralph Partners in which the made the same claim which they allege now in their First Amended Complaint for quiet title: tha the sale of Plaintiffs’ former property to...
Nov 30, 2020
Santa Cruz County, CA
(UNOPPOSED) MOTION FOR JOP The unopposed motion for Judgment on the Pleadings is granted on the grounds that th complaint states facts sufficient to constitute a cause of action; matters in request for admissio were ordered deemed admitted; and defendant does not state facts sufficient to constitute defense. (CA CCP sec. 438(c)(1)(A)) Plaintiff is ...
Nov 25, 2020
Santa Cruz County, CA
(UNOPPOSED) APPLICATION FOR WRIT OF POSSESSION The application is granted. Plaintiff has established the probable validity of the plaintiff’s claim to possession to th property. (CCP § 512.060(a)(1)) The market value of the property ($23,781.00) is less than the amount due and owing o the security agreement ($47,028.04), therefore Defendant has no ...
Nov 24, 2020
Santa Cruz County, CA
MOTION FOR SUMMARY JUDGMENT OR SUMMARY ADJUDICATION The motion for summary judgment is granted. Plaintiff has proved each element of the three causes of action entitling it to judgment o the causes of action and therefore has met its burden of showing that there are no defenses to th causes of action. The burden therefore shifts to the defendant to...
Nov 24, 2020
Santa Cruz County, CA
COMPLIANCE HEARING RE: DISTRIBUTION OF SETTLEMENT The hearing is continued to January 22, 2021. 3...
Nov 23, 2020
Santa Cruz County, CA
COMPLIANCE HEARING RE: DISTRIBUTION OF SETTLEMENT The hearing is continued to January 22, 2021....
Nov 23, 2020
Santa Cruz County, CA
MOTION TO COMPEL ARBITRATION The motion is granted. The court finds the existence of a valid Arbitration Agreement executed by Plaintiff Joh Williams in both his personal and representative capacity. Plaintiffs have failed to demonstrat that the Arbitration Agreement is revocable; that it is unconscionable; that it does not bin Plaintiffs John and ...
Nov 23, 2020
Santa Cruz County, CA
MOTION FOR LEAVE TO FILE FAC The motion for leave to file a First Amended Complaint is granted Plaintiff has provided the statutorily required support for his motion, the proposed clas definition is not unreasonably overbroad nor would it make the class unmanageable. Further, i does not appear that the amendment was made for an improper purpose, th...
Nov 20, 2020
Santa Cruz County, CA
CLAIM OF EXEMPTION Defendant Debtor has filed no pleadings to support a claim of exemption regarding th funds described in Bank of America’s memorandum of garnishee If Debtor does not appear and meet her burden of proving that the $3,719.20 in the B o A account in excess of the mandatory Social Security Exemption is traceable to Social Securit or o...
Nov 20, 2020
Santa Cruz County, CA
(UNOPPOSED) MOTION FOR TERMINATING AND MONETARY SANCTIONS In light of defendant Loffer’s failures to obey the court orders dated October 5, 2020 an October 15, 2020 compelling his attendance at depositions on October 5, 2020 and October 20 2020, the unopposed motion for terminating and monetary sanctions is granted Cal Code Civ Proc § 2025.450 Moti...
Nov 20, 2020
Santa Cruz County, CA
PLAINTIFF’S MOTION FOR PROTECTIVE ORDER RE: RFA’S The motion for protective order is granted in part. Plaintiff’s responses to Defendant TPMG’s and KFHP’s Second Revised RFA’s Set Three are due 30 days from the date of filin of the order. It appears to the Court that both sides acted with substantial justification, therefore n monetary sanctions ar...
Nov 19, 2020
Santa Cruz County, CA
PLAINTIFF’S MOTION FOR PROTECTIVE ORDER RE: RFA’S The motion for protective order is granted in part. Plaintiff’s responses to Defendant TPMG’s and KFHP’s Second Revised RFA’s Set Three are due 30 days from the date of filin of the order. It appears to the Court that both sides acted with substantial justification, therefore n monetary sanctions ar...
Nov 19, 2020
Santa Cruz County, CA
REQUEST FOR STAY OF DECISION TO ISSUE CONDITIONAL LICENSE Petitioners appear to be seeking a stay under the standard for administrative mandamu and traditional mandamus. (See Request for Stay at pp.5-6.) As to whether Petitioners are entitled to a stay under the standard for administrativ mandamus pursuant to Cal Code Civ Proc § 1094.5, Petitioners...
Nov 19, 2020
Santa Cruz County, CA
PETITION FOR WRIT OF MANDATE ON BIFURCATED ISSUE This is a petition for writ of mandate on the bifurcated issue of whether the Civil Servic Commission exceeded its authority in (1) granting the County’s request for reconsideration of it original decision rendered on September 27, 2018 on Petitioner’s appeal of a disciplinary action and (2) on recon...
Nov 19, 2020
Santa Cruz County, CA
PLAINTIFF’S MOTION FOR PROTECTIVE ORDER RE: RFA’S The motion for protective order is granted in part. Plaintiff’s responses to Defendant TPMG’s and KFHP’s Second Revised RFA’s Set Three are due 30 days from the date of filin of the order. It appears to the Court that both sides acted with substantial justification, therefore n monetary sanctions ar...
Nov 19, 2020
Santa Cruz County, CA
(UNOPPOSED) MOTION TO COMPEL RESPONSES TO REQUEST FOR PRODUCTION (“RFP”) (UNOPPOSED) MOTION TO COMPEL RESPONSES TO SPECIAL INTERROGATORIES (UNOPPOSED) MOTION TO HAVE REQUESTS FOR ADMISSION (“RFA’S”) DEEMED ADMITTED The unopposed motions to compel responses to RFP, responses to special interrogatories and to have the truth of the matters specified i...
Nov 18, 2020
Santa Cruz County, CA
(UNOPPOSED) MOTION TO BE RELIEVED AS COUNSEL The motion is denied without prejudice in order to allow counsel to file 1. A further declaration which: a) Specifies which subsection of California Rules of Professional Conduct Rule 3 700 the motion is based on; b) Explains why a motion under Code of Civil Procedure section 284(2) is brough instead of ...
Nov 17, 2020
Santa Cruz County, CA
DEMURRER TO FAC The unopposed demurrer to the FAC and each of the causes of actions therein i sustained with leave to amend. Dept. 5...
Nov 17, 2020
Santa Cruz County, CA
PRODUCTION The motion to compel is granted. Defendants concede that, as a member of the LLC, Plaintiff is entitled to the informatio requested in Requests for Production No. 9 and 15 pursuant to Corps. Code §§17704.10 (a) Defendants provide no authority for their position that Plaintiff is limited to the informa “procedures” set forth in §17704.10(...
Nov 16, 2020
Santa Cruz County, CA
MOTION TO COMPEL ARBITRATION The motion to compel arbitration of Plaintiff Joseph Richman’s individual claims i uncontested, and is granted. The court therefore stays this action as to Plaintiff Richman pendin arbitration. However, the court exercises its discretion to sever the claims of Plaintiff Tyle Vielbig, who is not a party to the ADR Agreem...
Nov 13, 2020
Santa Cruz County, CA
MOTION FOR ATTORNEY’S FEES The motion for attorney’s fees is denied. The Agreement alleged to have been breached in the Complaint is the Lease Agreemen (Ex. 1 to Schumacher Declaration) which does not contain an attorney’s fee provision for breac of the agreement. The New Customer Agreement referenced in the motion for attorney’s fees (MPA p. 2:6 E...
Nov 12, 2020
Santa Cruz County, CA
(UNOPPOSED) MOTION FOR JOP The motion for judgment on the pleadings is granted. Plaintiff shall recover from Defendant Sears the principal sum of $3,772.61 and cour costs of $420.50, for a total judgment in the sum of $4,193.11 Dept. 5...
Nov 12, 2020
Santa Cruz County, CA
(UNOPPOSED) MOTION FOR JOP The motion for judgment on the pleadings is granted. Plaintiff shall recover from Defendant Sears the principal sum of $3,772.61 and cour costs of $420.50, for a total judgment in the sum of $4,193.11 Dept. 5...
Nov 12, 2020
Santa Cruz County, CA
The motion is granted. Plaintiff is ordered to execute and return the Release of Al Claims and CMS Form sent to her by defense counsel within 10 days. Upon Plaintiff’s receipt o the settlement checks (which have been issued by Defendant’s insurer, but which cannot be sen 2 to Plaintiff until the Release and CMS form have been signed and returned) P...
Nov 12, 2020
Santa Cruz County, CA
MOTION FOR SUMMARY JUDGMENT/SUMMARY ADJUDICATION The motion is denied, without prejudice. Plaintiff has failed to meet its threshold burden o proof, as the documents on which it relies have not been authenticated The hearing will be continued to allow Plaintiff to submit a supplemental declaration of Ms Hogueison attaching and authenticating Exhibi...
Nov 10, 2020
Santa Cruz County, CA
MOTION TO QUASH SERVICE OF SUMMONS FOR LACK OF JURISDICTION AN DISMISS ACTION BASED ON FORUM NON CONVENIENS First, as to whether the Policy requires the suit to be litigated in California, the terms o Section II 2 d of the policy are to be given their ordinary and popular sense. (Palmer v. Truc Ins. Exchange (1999) 21 Cal.4th 1109, 1115.) Examining...
Nov 06, 2020
Santa Cruz County, CA
(UNOPPOSED) MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAIN Because Judicial policy favors resolution of all disputed matters between the parties i the same lawsuit, the motion for leave to file a SAC is granted. (Judicial policy favors resolutio of all disputed matters between the parties in the same lawsuit, therefore the court’s discretio will ...
Nov 06, 2020
Santa Cruz County, CA
MOTION TO COMPEL The motion is granted in part and denied in part, as follows Requests for Production, Nos. 2 and 3 The court is not persuaded by Plaintiffs’ assertion that that CCP §2031.230 limits responding party to stating a single reason for an inability to comply with a request fo production. However, the response must state that a diligent s...
Nov 05, 2020
Santa Cruz County, CA
MOTION TO COMPEL The motion is granted in part and denied in part, as follows Requests for Production, Nos. 2 and 3 The court is not persuaded by Plaintiffs’ assertion that that CCP §2031.230 limits responding party to stating a single reason for an inability to comply with a request fo production. However, the response must state that a diligent s...
Nov 05, 2020
Santa Cruz County, CA
(UNOPPOSED) PETITION FOR INSTRUCTIONS AND MOTION FOR WRIT O POSSESSION Pursuant to Cal Code Civ Proc §§ 873.060, 873.070, 873.510 and the authority conferre on the Referee by the Interlocutory Judgment filed 1/21/20, the unopposed petition fo instructions and motion for writ of possession is granted. Defendant is ordered to turn over possession of ...
Nov 05, 2020
Santa Cruz County, CA
(UNOPPOSED) MOTION TO VACATE DISMISSAL AND ENTER JUDGMENT PURSUANT TO STIPULATION The motion to vacate the dismissal and enter judgment pursuant to stipulation fo conditional judgment is granted. Judgement will be entered in favor of American Express and against Defendant in th amount of $10,578.17 principal - $2,574.00 payments = $8,004.17 total p...
Nov 04, 2020
Santa Cruz County, CA
(UNOPPOSED) MOTION TO COMPEL RESPONSES TO SPECIAL INTERROGATORIES Hurt’s unopposed motion to compel Simms Bay Area Cycle’s responses to specia interrogatories Set one is granted. Simms’ verified responses without objection are to be serve within fifteen days of this order. Monetary sanctions in the amount of $840.00 are awarded in favor of Hurt and...
Nov 04, 2020
Santa Cruz County, CA
(UNOPPOSED) MOTION FOR JOP The motion for judgment on the pleadings is denied without prejudice The “order” upon which Plaintiff relies, attached as Exhibit A to the Request for Judicia Notice, is the minute order. Plaintiff’s proposed order that matters in request for admissions be deemed admitte (electronically received by the Court on 7/22/20) w...
Nov 04, 2020
Santa Cruz County, CA
I. PLAINTIFFS’ MOTION TO SET ASIDE JUDGMENT FOR FRAUD UPO THE COURT Plaintiffs have failed to establish any incorrect or erroneous legal basis for the decisio or any factual basis to set aside the decision, and therefore, the motion to set aside the judgmen is denied. II. DEFENDANTS’ (UNOPPOSED) MOTION FOR AN ORDER EXPUNGIN LIS PENDENS The unoppose...
Nov 04, 2020
Santa Cruz County, CA
I. PLAINTIFFS’ MOTION TO SET ASIDE JUDGMENT FOR FRAUD UPO THE COURT Plaintiffs have failed to establish any incorrect or erroneous legal basis for the decisio or any factual basis to set aside the decision, and therefore, the motion to set aside the judgmen is denied. II. DEFENDANTS’ (UNOPPOSED) MOTION FOR AN ORDER EXPUNGIN LIS PENDENS The unoppose...
Nov 04, 2020
Santa Cruz County, CA
I. PLAINTIFFS’ MOTION TO SET ASIDE JUDGMENT FOR FRAUD UPO THE COURT Plaintiffs have failed to establish any incorrect or erroneous legal basis for the decisio or any factual basis to set aside the decision, and therefore, the motion to set aside the judgmen is denied. II. DEFENDANTS’ (UNOPPOSED) MOTION FOR AN ORDER EXPUNGIN LIS PENDENS The unoppose...
Nov 04, 2020
Santa Cruz County, CA
(UNOPPOSED) MOTION FOR JOP The motion for judgment on the pleadings is denied without prejudice The “order” upon which Plaintiff relies, attached as Exhibit A to the Request for Judicia Notice, is the minute order. Plaintiff’s proposed order that matters in request for admissions be deemed admitte (electronically received by the Court on 7/22/20) w...
Nov 04, 2020
Santa Cruz County, CA
MOTION TO REQUIRE PLAINTIFF TO POST AN UNDERTAKING The motion is denied. Defendants seek an order requiring Plaintiff to post an undertaking to secure their cost and attorney’s fees in the event Defendants prevail in this action. They bring this motio pursuant to CCP §1030, which requires Defendants to establish that (1) Plaintiff “resides out o st...
Nov 03, 2020
Santa Cruz County, CA
DEMURRER and MOTION TO STRIKE The unopposed demurrer is sustained without leave to amend. Plaintiff alleges wrongfu operative and post-operative conduct by Defendant between November 13, 2014 and Novembe 23, 2014. Plaintiff alleges facts demonstrating that she either discovered, or through the use o reasonable diligence should have discovered the i...
Nov 03, 2020
Santa Cruz County, CA
The unopposed motion is granted. Defendant is ordered to serve writte responses to Christina Hall’s Special Interrogatories, Set One, under oath and withou objection, within I 0 days. Monetary sanctions are awarded in the amount of $1,792.59 1...
Nov 02, 2020
Santa Cruz County, CA
(UNOPPOSED) DEMURRER TO COMPLAINT Defendant’s demurrer to complaint on rejected creditor’s claim is sustained Unless Plaintiff appears at the hearing and demonstrates to the court in what manner sh can amend the complaint and how that amendment will change the legal effect of the pleading leave to amend will be denied. (“The burden is on the plaint...
Oct 26, 2020
Santa Cruz County, CA
(UNOPPOSED) MOTION FOR LEAVE TO FILE COMPLAINT IN INTERVENTIO The City of Watsonville appears to have an interest in this litigation against both Plaintif and Defendants entitling it to intervene. Therefore, the unopposed motion for order grantin leave to file a workers’ compensation subrogation complaint in intervention is granted. (CA CC § 387, C...
Oct 26, 2020
Santa Cruz County, CA
DEMURRER AND MOTION TO STRIKE SECOND AMENDED COMPLAINT AND PETITION FOR WRIT OF MANDATE For the reasons discussed below the demurrer to the Second Amended Complaint (SAC is overruled, and the Motion to Strike portions of the SAC is denied I. DEMURRER A. The Declaratory Relief and Breach of Contract Causes of Actio These causes of action are based o...
Oct 23, 2020
Santa Cruz County, CA
CIFPM’S MOTION FOR LEAVE TO FILE AMENDED ANSWER TO COMPLAIN The motion for leave to file an amended answer is granted. The trial courts are to liberally permit such amendments, at any stage of th proceeding…The foregoing precedents rest on the fundamental policy that "cases should b decided on their merits." (Hirsa v. Superior Court (1981) 118 Cal....
Oct 23, 2020
Santa Cruz County, CA
APPLICATION FOR PRELIMINARY INJUNCTION The application for a preliminary injunction is denied. The Court’s broad discretion in ruling on an application for a preliminary injunctio must be exercised in light of (1) a reasonable probability of success on the merits; and (2) wh will suffer greater injury? The greater plaintiff’s showing on one, the le...
Oct 23, 2020
Santa Cruz County, CA
The motion is denied. The moving parties have failed to demonstrate that a bifurcated bench trial on the issue o the County’s liability for inverse condemnation will promote the convenience of witnesses, th ends of justice, or the economy and efficiency of handling the litigation; or that it will furthe convenience, avoid prejudice, or will be cond...
Oct 22, 2020
Santa Cruz County, CA
The motion is denied. The County’s procedural challenge to the motion is rejected however, the motion is denied on the basis that triable issue of fact exist as to whether th County formally or impliedly accepted the offer of dedication of the drainage rights of way o P.U.E. easements shown on the Final Map for the Aptos Beach Pines (ABP) subdivisi...
Oct 22, 2020
Santa Cruz County, CA
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