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May 24, 2021 Santa Cruz County
(UNOPPOSED) MOTION TO CONTINUE CMC The unopposed motion to continue the CMC is granted. The CMC is continued to 8/3/21 at which time the case will be set for trial
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May 24, 2021 Santa Cruz County
PETITION FOR WRIT OF MANDATE Petitioner challenges the January 24, 2019 decision of the Respondent DRE denying he 2017 application for a real estate license, following an administrative hearing held on Decembe 18, 2018. The petition is denied, as follows: This action is brought under CCP §1094.5 which limi...
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May 21, 2021 Santa Cruz County
COUNTER COMPLEX CASE DESIGNATION Nothing in the facts or allegations of the Complaint would substantiate a reasonabl inference that a large number of witnesses or a substantial amount of documentary evidence wil be necessary in case. Moreover, none of the other factors to be considered in Cal Rules of Cour...
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May 21, 2021 Santa Cruz County
MOTIONS TO BE RELIEVED AS COUNSEL The motions of Jihee Ahn and Harris Bricken Sliwoski, LLP, to be relieved as counse of record for Defendants HC Ventures, Inc., Latif Horst and Symphonic, Inc., are grante 1
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May 20, 2021 Santa Cruz County
DEPOSITION, SANCTIONS Defendant having produced the sought-after declaration under penalty of perjury from St John when it filed its Opposition, the motion to compel documents and further responses a deposition is moot. Plaintiff is awarded sanctions in the amount of $1,500.00 against Defendant. (Cal Cod C...
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May 18, 2021 Santa Cruz County
MOTION TO VACATE ORDER STAYING PROCEEDINGS AND ELECTION TO WITHDRAW FROM ARBITRATION PER CCP §1281.98 AND REQUEST FOR SANCTIONS PER CCP §1298.99 The motion is granted. Pursuant to CCP §1291.98 (a), the party who drafted an arbitration agreement and i required by the agreement to pay arbitration fees, but f...
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May 18, 2021 Santa Cruz County
MOTION TO COMPEL The motion is denied. Special Interrogatories, Set Two, Interrogatories Nos. 7 and 10 The motion to compel further responses to these two interrogatories is denied on bot procedural and substantive grounds. Plaintiff has failed to file a Separate Statement as require by CRC 3.1345(a) when ...
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May 18, 2021 Santa Cruz County
An action to defeat a corporate election pursuant to Corp. Code § 709 is a broad-base equity action in which the court may examine the entire transaction without being limited t technical or procedural issues and may adjust the rights of the parties to do justice among them By according standing to any per...
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May 18, 2021 Santa Cruz County
Plaintiffs move for a change of venue on the basis that there is no remaining Defendan residing in Santa Cruz County following their dismissal of Defendant Victoria Elliot; an therefore Santa Cruz is not a proper court. The motion is denied. Venue is determined at the outset of the action. Therefore, venu ...
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May 18, 2021 Santa Cruz County
PETITIONERS’ REQUEST FOR STAY OF DECISION TO ISSUE CONDITIONA 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 manda...
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May 17, 2021 Santa Cruz County
PETITION FOR APPPROVAL OF MINOR’S COMPROMISE The terms of the settlement appearing reasonable, the petition for approval o compromise of the minor’s claim is granted. The funds to be received by the minor must be deposited in a financial institution and no disbursed without further order of the court and a...
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May 12, 2021 Santa Cruz County
Insurance Company CAIC’s complaint seeks a judicial declaration as to its duty to both defend an indemnify. Both parties have stipulated to an adjudication of the issue of CACI’s duty to defen through the filing of their cross-motions, and therefore the court will rule on that issue pursuan to CCP §437c (h...
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May 10, 2021 Santa Cruz County
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. The amended complaint furnishes the sole basis for the cause of action, and th original ...
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May 06, 2021 Santa Cruz County
PLAINTIFF’S MOTION FOR SUMMARY ADJUDICATION CA CCP § 437c (p) For purposes of motions for summary judgment and summar adjudication: (1) A plaintiff has met his or her burden of showing that there is n defense to a cause of action if that party has proved each element of the cause o action entitling t...
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May 05, 2021 Santa Cruz County
The motion is denied. Defendant John McEnery previously brought an unsuccessful motion for a mandator preliminary injunction, requesting essentially the same relief in July 2020. Although he claim that the circumstances have changed since the ruling on that motion, because he and his brothe Tom have now us...
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May 04, 2021 Santa Cruz County
PETITION FOR INJUNCTIVE RELIEF Petitioner having shown to the satisfaction of the court reasonable proof of a continuin or recurring violation of a rule or regulation of the mobilehome park by the named homeowne or resident and that great or irreparable harm would result to the management or othe homeowner...
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May 04, 2021 Santa Cruz County
(UNOPPOSED) MOTION FOR ATTORNEY’S FEES AND COSTS The unopposed motion for attorney’s fees and costs is granted. Plaintiff is awarded a reasonable attorney’s fees $6,297.50 and costs of $1,065.31, for a total of $7,362.81 The Judgment shall be amended, adding to the Judgment of $13,601.90 plus $7,362.8 fees...
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May 04, 2021 Santa Cruz County
HEARING TO DETERMINE VALIDITY OF ELECTION OF CORPORATE DIRECTORS The Parties are required to appear for a hearing. 1
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Apr 29, 2021 Santa Cruz County
ANTI-SLAPP MOTION TO STRIKE CROSS-COMPLAINANT ROBERT LINDOW’ FIRST AMENDED CROSS-COMPLAINT by Nemat and Maryam Maleksaleh The motion is granted. Mr. Lindow’s procedural challenge to the motion as untimely under CCP §425.16 (f) i rejected. The motion was filed within 60 days of the filing of the First Amend...
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Apr 28, 2021 Santa Cruz County
Insurance Company CAIC and Voyager Indemnity Insurance Company have brought cross-motions fo summary judgment. The motions address only the issue of CAIC’s duty to defend Ms. Ivanko i the underlying lawsuit, while CAIC’s complaint seeks a judicial declaration as to its duty to bot defend and indemnify Ms. ...
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Apr 27, 2021 Santa Cruz County
The motion for relief from waiver of objections is granted in part and denied in part Based on a review of the pleadings and papers submitted in support of and in oppositio to the motion, the Court finds that Keenan has met the conditions of Cal Code Civ Proc 2031.300(a) (1) & (2). As to the first conditi...
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Apr 27, 2021 Santa Cruz County
The motion is granted. After a review of the case file and discovery proceedings in this matter the court find that the delay in seeking the requested discovery has been due in large part to Defendants conduct, rather than any lack of diligence on Plaintiffs’ part; and that a further deposition o Quay Hays...
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Apr 26, 2021 Santa Cruz County
(UNOPPOSED) MOTION FOR RELIEF FROM STAY The unopposed motion for relief from stay is granted. Case No. 20cv01905 FRIENDS OF CORRALITOS CREEK v CALIF. DEPT. OF FORESTRY AND FIR PROTECTION PETITIONER’S MOTION FOR FEES AND COSTS Petitioner’s motion for fees and costs is denied, for failure to demonstrate seve...
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Apr 26, 2021 Santa Cruz County
MOTION FOR ATTORNEY’S FEES Based on the supplemental declaration of Daniel Zazueta filed 4/12/21, the Court accept the County’s explanation as to the equity and reasonableness of the fees requested and accept the offer of fees reduced by the hours expended by attorney Fukai The County is awarded its attorn...
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