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").
MOTION TO EXPUNGE LIS PENDENS In light of the Court’s receipt of the Notice of Release of Pendency of action, the Court’ intent is to take the Motion off calendar. 1 2...
Feb 26, 2021
: Timothy Volkmann</p>
Santa Cruz County, CA
PETITION FOR WRIT OF MANDATE The petition is denied. . 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. Petitioner asserts that this does not constitute a refusal to take a chemica test under Espinoza ...
Feb 26, 2021
: Timothy Volkmann</p>
Santa Cruz County, CA
OSC Re PRELIMINARY INJUNCTION The parties are directed to appear. 1...
Feb 24, 2021
: Rebecca Connolly</p>
Santa Cruz County, CA
MOTION TO BE RELIEVED AS COUNSEL The motion is granted. 1...
Feb 23, 2021
: Timothy Volkmann</p>
Santa Cruz County, CA
MOTION TO BE RELIEVED AS COUNSEL The motion is granted. 1...
Feb 23, 2021
: Timothy Volkmann</p>
Santa Cruz County, CA
(UNOPPOSED) MOTION TO COMPEL RESPONSES TO REQUEST FOR PRODUCTION No opposition having been filed and no responses having been provided, the motion t compel is granted. Plaintiffs are to provide Defendants with code compliant responses withou objections within 30 days of the date of service of this order There being no opposition, Defendants are awa...
Feb 19, 2021
: Rebecca Connolly</p>
Santa Cruz County, CA
OSC RE SALE OF DWELLING Pursuant to the stipulation filed by the parties on February 17, 2021, the hearing i continued to March 10, 2021. The parties are directed to advise the court as to whether th hearing will go forward, or whether the matter has settled, no later than 4:00pm on March 3 2021. 1...
Feb 19, 2021
: Rebecca Connolly</p>
Santa Cruz County, CA
(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 ...
Feb 17, 2021
: Rebecca Connolly</p>
Santa Cruz County, CA
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.(CA CCP sec. 438(c)(1)(A) Plaintiff is awarded the sum of $2,526.57 principal plus $290...
Feb 17, 2021
: Rebecca Connolly</p>
Santa Cruz County, CA
(UNOPPOSED) MOTION FOR JOP The motion for judgment on the pleadings is granted. Plaintiff’s Complaint states facts sufficient to constitute a cause of action an Defendant’s Answer does not state facts sufficient to constitute a defense Plaintiff shall recover from Defendant the principal sum of $6,938.99 and no costs The Requests for Judicial Notic...
Feb 16, 2021
: Timothy Volkmann</p>
Santa Cruz County, CA
MOTION FOR SUMMARY JUDGMENT/SUMMARY ADJUDICATION The motion is denied. As a preliminary matter, Defendant have failed to comply with the requirements that the state the specific causes of action sought to be adjudicated in the Notice of Motion (CR 3.1350(b), and that they tie each undisputed material fact to the specific cause of action sought t ad...
Feb 11, 2021
: Timothy Volkmann</p>
Santa Cruz County, CA
MOTION TO STAY CMC AND HOLD THE CASE IN ABEYANCE The motion to stay the CMC set for 12/16/20 is moot because that CMC has alread taken place. The motion to hold this case in abeyance is denied. Defendant may offer proof regardin her various affirmative defenses at trial and if she does, Plaintiff will be given the opportunity t respond....
Feb 11, 2021
: Timothy Volkmann</p>
Santa Cruz County, CA
(UNOPPOSED) MOTION TO ENTER JUDGMENT PURSUANT TO CCP 664.6 Pursuant CA CCP § 664.4 and the stipulation entered between the Parties, judgment i the sum of $6,088.17 ($5,777.51 plus costs of $ 310.66) will be entered in favor of Plaintiff an against Defendant. 1...
Feb 10, 2021
: Rebecca Connolly</p>
Santa Cruz County, CA
SELECT PORTFOLIO’S 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...
Feb 08, 2021
: Rebecca Connolly</p>
Santa Cruz County, CA
SECOND AMENDED MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT The motion is granted. The court finds that the Settlement falls within a range of reasonableness and i presumptively valid; appears to be a product of serious, informed and non-collusive negotiations and has no obvious deficiencies. The court grants preliminary approval of t...
Feb 08, 2021
: Timothy Volkmann</p>
Santa Cruz County, CA
MOTION FOR JUDGMENT ON THE PLEADINGS The motion is denied. Defendants assert that Plaintiff’s Second Amended Complaint “does not state fact sufficient to constitute the causes of action for labor code wage and hours violations”, becaus (1) Plaintiff ‘s claim that he was an “employee” is made pursuant to Labor Code §2750.3 and A 5, which have been r...
Feb 08, 2021
: Rebecca Connolly</p>
Santa Cruz County, CA
(UNOPPOSED) APPLICATION FOR WRIT OF POSSESSION 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 interest in the property and...
Feb 05, 2021
: Rebecca Connolly</p>
Santa Cruz County, CA
The motion is denied, as follows. Plaintiffs’ standing to bring their due process cause of actio The County challenges Plaintiffs’ standing to bring their cause of action for violation o due process based on federal court requirements for a due process claim brought pursuant to 4 U.S.C §1983. However, Plaintiffs’ due process cause of action alleges...
Feb 03, 2021
: Rebecca Connolly</p>
Santa Cruz County, CA
DEMURRER MOTION TO STRIKE The demurrer and motion to strike the complaint are moot. Plaintiff filed a First Amended Complaint on 1/19/21. ‘It is well established that a amendatory pleading supersedes the original one, which ceases to perform any function as pleading.’ Thus, an amended complaint supersedes all prior complaints. The amended complain ...
Feb 03, 2021
: Rebecca Connolly</p>
Santa Cruz County, CA
PAYMENT RIGHTS Counsel is instructed to appear at the hearing. 3...
Feb 02, 2021
: Timothy Volkmann</p>
Santa Cruz County, CA
(UNOPPOSED) MOTION TO COMPEL DISCOVERY RESPONSES, DEEM ADMISSIONS, AND SANCTIONS Absolute Resolutions Investment’s motion to compel responses to Plaintiffs Request fo Production of Documents, Set No. One, Special Interrogatories, Set No. One, and For Interrogatories, Set No. One is granted. Defendant is ordered to serve code compliant response with...
Feb 02, 2021
: Rebecca Connolly</p>
Santa Cruz County, CA
MOTION FOR JUDGMENT ON THE PLEADINGS The motion is granted, without leave to amend. Defendant has been conclusivel determined to have admitted each and every material allegation in the complaint, and Plaintiff i therefore entitled to judgment on the pleadings. 2...
Feb 02, 2021
: Timothy Volkmann</p>
Santa Cruz County, CA
DEMURRER TO PETITION FOR WRIT OF MANDATE The demurrer to the petition for writ of mandate is sustained without leave to amend Cal Veh Code § 1808.21 Confidentiality of residence addresses in department record provides: (a) Any residence address in any record of the department is confidential and shall not b disclosed to any person, except a court, ...
Feb 02, 2021
: Timothy Volkmann</p>
Santa Cruz County, CA
(UNOPPOSED) MOTION TO HAVE TRUTH OF MATTERS SPECIFIED IN RFA’ DEEMED ADMITTED The unopposed motion is granted. The truth of the matters specified in request fo admission Set One are deemed admitted. 1...
Feb 01, 2021
: Rebecca Connolly</p>
Santa Cruz County, CA
(UNOPPOSED) MOTION TO COMPEL RESPONSES TO FORM INTERROGATORIE The unopposed motion to compel responses to form interrogatories is granted. Cod compliant responses without objection are to be served within 15 days of this order Defendant is awarded monetary sanctions in the amount of 2.2 hours preparation o motion x $200/hour = $440.00 as the reason...
Jan 27, 2021
: Timothy Volkmann</p>
Santa Cruz County, CA
(UNOPPOSED) MOTION FOR ORDER INCREASING RECEIVER’S CERTIFICAT Based on the pleadings and declarations submitted, good cause appearing therefrom an there being no opposition, the motion to increase the Receiver’s Certificate is granted. Th Receiver, Mark Adams, is authorized to increase the existing Receiver’s Certificate b $487,908.24 to a total am...
Jan 27, 2021
: Rebecca Connolly</p>
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 1...
Jan 27, 2021
: Rebecca Connolly</p>
Santa Cruz County, CA
DEMURRER TO AMENDED PETITION FOR WRIT OF MANDATE The demurrer is sustained, without leave to amend. Petitioners previously brought a WIC §388 petition challenging Director Timberlake’ Final Decision in the Dependency Court, culminating in a 12 day trial in which Petitioner prevailed, and a judgment was entered setting aside Director Timberlake’s de...
Jan 26, 2021
Santa Cruz County, CA
MOTION FOR LEAVE TO FILE THIRD AMENDED COMPLAINT The motion for leave to file a Third Amended Complaint is granted The trial date will be vacated and a CMC date set. 2 Defendant’s request to re-open the deposition of Premium’s PMK is denied as it is not proper term on which to grant the motion. (Other facts related to the August 4, 2018 emai betwee...
Jan 26, 2021
Santa Cruz County, CA
MOTION FOR PRELIMINARY INJUNCTION The motion for a preliminary injunction is denied. An injunction may not be granted when pecuniary compensation would afford adequat relief. (CA CCP § 526 (a)(4)).“In general, if the plaintiff may be fully compensated by th payment of damages in the event he prevails, then preliminary injunctive relief should b den...
Jan 25, 2021
: Timothy Volkmann</p>
Santa Cruz County, CA
(UNOPPOSED) MOTION FOR ORDER VACATING DISMISSAL AND ENTERIN JUDGMENT AGAINST DEENDANT PURSUANT TO CCP 664.6 Pursuant CA CCP § 664.4 and the stipulation entered between the parties, judgment i the sum of $11,475.00 ($10,835 plus costs of $640) will be entered in favor of Plaintiff an against the Defendant. Dept. 5...
Jan 25, 2021
: Rebecca Connolly</p>
Santa Cruz County, CA
MOTION TO COMPEL FURTHER DEPOSITION TESTIMONY, SANCTIONS The motion to compel further deposition testimony from Plaintiff is granted Cal Evid Code § 210 “Relevant evidence”: “Relevant evidence” means evidence, including evidence relevant to the credibility of witness or hearsay declarant, having any tendency in reason to prove or disprove any dispu...
Jan 22, 2021
: Rebecca Connolly</p>
Santa Cruz County, CA
PETITION FOR WRIT OF MANDATE The petition is denied. The burden is on Petitioner to demonstrate by a preponderance o the evidence that the DMV hearing officer’s findings are not supported by a preponderance o the evidence. Fukuda v City of Angels (1999) 20 Cal. 4th 805, 820. Petitioner has not met tha burden. Petitioner admits that he was offered t...
Jan 22, 2021
: Timothy Volkmann</p>
Santa Cruz County, CA
OBJECTION TO JANUARY 4, 2021 ORDER MOTION TO STAY CASE MANAGEMENT CONFERENCE The court will treat Plaintiffs’ “Objection” to the January 4, 2021 order as a motion fo reconsideration of that order. The motion is denied as Plaintiffs have not presented any basis fo reconsidering or reversing the January 4, 2021 order sustaining the demurrer to Plaint...
Jan 22, 2021
: Rebecca Connolly</p>
Santa Cruz County, CA
MOTION TO COMPEL RESPONSES TO FORM AND SPECIAL INTERROGATORIES AND FURTHER DEPOSITION TESTIMONY, SANCTIONS Plaintiff’s objection to Defendant’s motion to compel further responses to specia interrogatories as untimely is overruled. (Defendant initially filed this motion to compel o 7/23/20, within 45 days of Plaintiff’s service of responses (CCP § 2...
Jan 22, 2021
: Rebecca Connolly</p>
Santa Cruz County, CA
(UNOPPOSED) PETITION TO EXPUNGE MECHANIC’S LIEN The unopposed petition to expunge mechanic’s lien is granted. The Respondent did no commence the action to enforce the lien within 90 days of recordation of the claim of lien a required by Cal. Civ. Code § 8460 therefore the lien expired and is unenforceable Petitioner will be awarded reasonable attor...
Jan 21, 2021
: Timothy Volkmann</p>
Santa Cruz County, CA
MOTION TO STAY ACTION The motion is granted in part. The Pledge Agreements provide that Defendants’ obligations with respect to th Exchange Interests and Rights for the Pledged Securities are “absolute and unconditional”, an “shall remain in full force and effect without regard to, and shall not be released, suspended discharged, terminated or othe...
Jan 21, 2021
: Timothy Volkmann</p>
Santa Cruz County, CA
DEMURRER TO PETITION FOR WRIT OF MANDATE The demurrer is sustained. The writ of mandate is available to review proceedings where there is no other plain speedy and adequate remedy. (Tieberg v. Superior Court of Los Angeles County (1966) 24 Cal.App.2d 277, 283 ) It is Petitioner’s burden to show inadequacy of other relief. (Phelan v Superior Court o...
Jan 21, 2021
: Timothy Volkmann</p>
Santa Cruz County, CA
MOTION FOR ORDER THAT MATTERS IN REQUEST FOR ADMISSION BE ADMITTED Defendant has filed her responses to the Requests for Admissions with the court However, the responses are unverified, and there is no proof of service attached indicating tha they have been served on Plaintiff. In order to be valid these responses must be verified, and th verified ...
Jan 19, 2021
: Timothy Volkmann</p>
Santa Cruz County, CA
PETITION TO COMPEL ARBITRATION The unopposed petition by The Permanente Medical Group, Inc. (TMPG) is granted This action is stayed as to TMPG pending the outcome of the arbitration proceeding betwee Plaintiff and TMPG....
Jan 19, 2021
: Timothy Volkmann</p>
Santa Cruz County, CA
MOTION FOR PRELIMINARY INJUNCTION The motion for a preliminary injunction is granted. Based upon the declarations submitted, it appears probable that Plaintiff will prevail o the merits. It also appears that Plaintiff will suffer greater injury if the injunction is not grante than Defendant will suffer if it is granted. Case No. 20cv01565 STINE v Z...
Jan 15, 2021
: Timothy Volkmann</p>
Santa Cruz County, CA
DEMURRER TO THIRD CAUSE OF ACTION OF SAC Regarding Defendants’ direct liability for their own conduct (as opposed to their impute liability discussed below), in order to plead a prima facie case of IIED, Plaintiff must plead fact demonstrating, (1) that defendant’s conduct was outrageous; (2) that defendant intended to cause plaintiff emotional dis...
Jan 14, 2021
: Timothy Volkmann</p>
Santa Cruz County, CA
DEFENDANTS’ MOTION TO DECLARE PLAINTIFFS VEXATIOUS LITIGANT AND FOR PRE-FILING ORDER The motion to have Plaintiffs declared vexatious litigants is granted. Plaintiffs have file numerous unmeritorious motions, pleadings, or other papers, and engaged in other tactics that ar frivolous or solely intended to cause unnecessary delay. Plaintiffs are requ...
Jan 09, 2021
: Rebecca Connolly</p>
Santa Cruz County, CA
MOTION TO BE RELIEVED AS COUNSEL The motion granted. MOTION FOR ORDER ESTABLISHING ADMISSIONS The motion for an order establishing admissions is granted. Defendant is awarde monetary sanctions against Plaintiff in the amount of 3 hours x $205.00/hour = $615.00...
Jan 09, 2021
: Timothy Volkmann</p>
Santa Cruz County, CA
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
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