Judge Rebecca Connolly: Rulings, Recent Cases, and Legal Insights

(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. Respondent did not file the a foreclosure action withi 90 days of recordation of the claim of lien as required by CA Civ. ...

APPLICATIONS FOR ADMISSION PRO HAC VICE BY ANTHONY HORNBACH AND EMILY MONTION The applications of Anthony Hornbach and Emily Montion to appear pro hac vic compl with CRC Rule 9.40, therefore the applications are granted.

PETITION RE: RETURN OF FIREARM Based on the fact Victim has been the subject of domestic violence twice in the past fou years (3/24/17 and 2/16/21) Sheriff has met its burden of showing by a preponderance of th evidence that the return of the firearm or other deadly weapon would result in endangering th vi...

MOTION TO DEEM FACTS ADMITTED No Opposition having been filed, the motion to deem admitted the matters stated in th Request for Admissions is granted. Monetary sanctions are awarded in favor of Plaintiff and against Defendant in the amoun of $360.00 pursuant to CCP Section 2033.280 (c).

(UNOPPOSED) MOTION FOR RELIEF FROM ENTRY OF DEFAULT AND FOR LEAVE TO FILE RESPONSIVE PLEADING Based on the non-opposition of Victoria Haslam-Bowman to the motion, the motion i granted. Counsel for Rego is directed to file the Answer to the Cross-Complaint attached a Exhibit C to the Declaration of Michael ...

“There is no requirement that a party plead that it is seeking attorney fees, and there is n requirement that the ground for a fee award be specified in the pleadings.” (Yassin v. Solis (2010 184 Cal.App.4th 524, 533). “There is no requirement that the intent to seek attorney fees unde [CCP] section 1021.5...

The Court grants an extension to November 11, 2021, with counsel having the right t request, or stipulate to, a further extension. 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 PRELIMINARY INJUNCTION The Parties are requested to appear. 2

DEMURRER; MOTION TO REQUIRE BOND; MOTION FOR ATTORNEY’S FEES AND COSTS MOTION TO DISMISS The unopposed demurrer is sustained, without leave to amend, for lack of jurisdiction The judicially noticeable documents demonstrate that Envision Media, which is the subject o this action, is a community asset; and t...

PLAINTIFF’S MOTION TO COMPEL DEFENDANT TO ANSWER AND PRODUC DOCUMENTS AT DEPOSITION DEFENDANT’S MOTION FOR PROTECTIVE ORDER RE: DEPOSITION Question No. 5 as phrased is a contention question, therefore the objection is sustained (Attorney could have asked “Did your vehicle strike the Plaintiff?” which would...

MOTION TO INTERVENE The motion for leave to intervene is granted. CA CCP § 387(c) provides for filing a petition for leave to intervene by noticed motio or ex parte application. Moreover, proposed intervenor attached her proposed answer i intervention to the Declaration of Murray filed 4/19/21. Proposed in...

DEMURRER The First cause of action fails to state a claim for which relief may be granted Defendant Alliance is special commission formed pursuant to California Welfare an Institutions Code Section 14087.54. (Ex. 1-3 to Phillip’s Dec. Santa Cruz County Code 7.58.010) As such, it is not regulated by the He...

MOTION FOR JUDGMENT ON THE PLEADINGS The Parties are required to appear. 1

MOTION FOR PRELIMINARY INJUNCTION The motion for a preliminary injunction is granted. Based on the declarations submitted, it appears probable that Plaintiff will prevail on th merits at trial on its claims for injunctive relief and damages Moreover, it appears that the County will suffer greater harm if t...

MOTION TO STRIKE PORTIONS OF FAC The demurrer to the First cause of action is sustained without leave to amend. It is no sufficient to allege merely that defendant “acted with oppression, fraud or malice. “Rathe plaintiff must allege specific facts showing that defendant’s conduct was oppressive, fraudulen...

MOTION TO BE RELIEVED AS COUNSEL The motion is granted. 1

(UNOPPOSED) 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 wil...

MOTION TO BE RELIEVED AS COUNSEL Plaintiff’s lack of communication with her counsel has rendered it unreasonably difficul for the lawyer to carry out the representation effectively, therefore the motion is granted 1

DEMURRER The demurrer on the basis Plaintiff’s claims against Newman are barred for failure t comply with the Government Claims Act is overruled. 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 proxi...

PLAINTIFF’S MOTION FOR PRELIMINARY INJUNCTION; DEFENDANT’S MOTION TO MODIFY TRO “The general purpose of … an injunction is the preservation of the status quo until final determination of the merits of the action. Thus, the court examines all of the materia before it in order to consider 'whether a greater...

PLAINTIFF’S MOTION TO COMPEL FURTHER RESPONSES TO FORM INTERROGATORIES The motion to compel is granted as to form interrogatory 13.1 The information requested in this interrogatory is not protected by the attorney clien privilege. (Suezaki v. Superior Court of Santa Clara County (1962) 58 Cal.2d 166, 177]....

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. 1

DEMURRER TO SAC The unopposed demurrer to the SAC and each of the causes of actions therein i sustained without leave to amend. (“The burden is on plaintiff to show in what manner he or sh an amend the complaint, and how that amendment will change the legal effect of the pleading.” (Weil & Brown (TRG 2020)...

MOTION FOR PRELIMINARY INJUNCTION Because it is unclear based on the declarations submitted whether the County’ complaints have been cured and who will suffer greater harm if the injunction is granted, th 4 hearing will be continued to April 14, 2021 at 8:30AM in Dept. 4 to allow the County to file Reply ...