If an appearance is required or if a party has provided timely notice of intent to appear, any party may appear telephonically through Court Call. To do so, you must contact Court Call at (888) 882-6878 no later than 4:30 p.m. on the court day prior to the hearing.

In the Superior Court of the State of California

In and for the County of San Mateo

Presiding Judge - Law and Motion Calendar

Judge: Honorable Stephen m. hall

Department 24

400 County Center, Redwood City

Courtroom 2C

FEBRUARY 3, 2010

If you plan to appear on any case on this calendar,

you must call (650) 363-4812 before 4:00 p.m.

Case Title / Nature of Case

9:00

CIV 458818 CONTROL AIR NORTH, INC. VS RAMCON COMPANY, INC.

CONTROL AIR NORTH, INC. WILLIAM C. LAST

RAMCON COMPANY, INC.

HEARING RE: ORDER OF EXAMINATION-BENCH WARRANT RECALL AS TO MICHAEL BURKE SMITH.

· APPEAR.

In the Superior Court of the State of California

In and for the County of San Mateo

Law and Motion Calendar

Judge: Honorable CLIFFORD V. CRETAN

Department 6

400 County Center, Redwood City

Courtroom 7B

FEBRUARY 3, 2010

If you plan to appear on any case on this calendar,

you must call (650) 363-1882 before 4:00 p.m.

Case Title / Nature of Case

9:00

CIV 478939 VIRGILIO AQUINO VS EMC MORTGAGE CORPORATION

VIRGILIO AQUINO WILLIAM E. JEMMOTT

EMC MORTGAGE CORPORATION JOHN M. SORICH

MOTION TO COMPEL ANSWERS TO INTERROGATORIES, ETC. FILED BY BAYCAL FINANCIAL CORPORATION.

· Defendant BAYCAL FINANCIAL CORPORATION’s Motion to Compel Plaintiffs VIRGILIO AQUINO and MARINEL SANTOS’ Responses to Form Interrogatories (Set One), Special Interrogatories (Set One), and Request for Production of Documents (Set One) is GRANTED. Plaintiffs shall serve verified written responses, without objection, and produce all responsive non-privileged documents no later than February 17, 2010.

· Defendant’s request for monetary sanctions against Plaintiffs and their counsel is GRANTED in the amount of $400.00. Sanctions shall be paid no later than February 17, 2010.

· This tentative ruling will be effective immediately if adopted at the time of the hearing in this matter. No formal order pursuant to Rule of Court 3.1312 or other notice will be required; the tentative ruling provides sufficient notice.

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9:00

CIV 479704 AMERICAN EXPRESS COMPANY VS SHIRLEY M. FERER

AMERICAN EXPRESS COMPANY STEVEN A. BOOSKA

SHIRLEY M. FERER MICHAEL S. KECK

MOTION TO BE RELIEVED AS COUNSEL FILED BY SHIRLEY M. FERER.

· The motion of attorney Michael Keck to be relieved as counsel of record for defendant and cross-complainant Shirley Ferer is GRANTED pursuant to CCP section 284(2) and CRC Rule 3.1362.

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9:00

CIV 481688 CONSTANCE FRENCH VS PMIF

CONSTANCE FRENCH PRO/PER

PMIF MARK K. OTO

MOTION FOR AN ORDER STRIKING AMENDED COMPLAINT FILED BY PMIF.

· The Motion to Strike is DENIED without prejudice because Defendant failed to serve Plaintiff at her correct address.

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9:00

CIV 484070 SAN FRANCISCO FINE BAKERY, INC. VS SWEET PRODUCTION, INC.

SAN FRANCISCO FINE BAKERY, INC. PAUL DAVID MAROTTA

SWEET PRODUCTION, INC. CHARLES HORN

MOTION TO COMPEL FURTHER RESPONSES TO FORM INTERROGATORIES FILED BY SAN FRANCISCO FINE BAKERY, INC.

· Plaintiff’s motion to compel further responses to form interrogatories is granted as to interrogatories 2.1, 2.3, 2.6, 2.7, 2.13, 4.1, 4.2, 6.1 through 6.7, 7.1 through 7.3, 8.1 through 8.8, 9.1, 9.2, 12.1 through 12.7, 13.1, 13.2, 14.1, 14.2 and 17.1. With respect to interrogatory 2.8, the motion is construed to refer to interrogatory 2.9 and, on that basis, granted. Interrogatory 2.9 concerns plaintiff’s ability to speak English while interrogatory 2.8 asks whether defendant has been convicted of a felony. Defendant shall provide further responses no later than February 17, 2010.

· The motion is denied as to all other interrogatories at issue.

· All requests for sanctions are denied.

· If the tentative ruling is uncontested, it shall become the order of the court, pursuant to Rule 3.1308(a)(1), adopted by Local Rule 3.10.

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9:00

CIV 484607 ROBERT BEARD VS JENNIFER HELENE FRIED

ROBERT BEARD T. TROY OTUS

JENNIFER HELENE FRIED SHERRY SANTA CRUZ

MOTION TO COMPEL RESPONSES TO DISCOVERY FILED BY JENNIFER HELENE FRIED, DAVID I. FRIED AND MARGARET FRIED.

· Defendants’ unopposed Motion to Compel Responses to Form Interrogatories, Special Interrogatories, and Request for Production of Documents is GRANTED.

· Plaintiff Robert Beard has waived all objections to the discovery served on him on September 21, 2009 and is ordered to produce, without objection, verified responses to the form interrogatories, special interrogatories and request for production of documents by February 17, 2010.

· Plaintiff Robert Beard is also ordered to pay sanctions to Defendants in the amount of $306.00 by February 17, 2010.

____________________________________________________________________

9:00

CIV 489530 ANTOINETTE M. WASHINGTON VS AVA ROBINSON

ANTOINETTE M. WASHINGTON PRO/PER

AVA ROBINSON CATHERINE A. WALSH

DEMURRER TO COMPLAINT OF WASHINGTON FILED BY AVA ROBINSON.

· Defendant’s general and special demurrer to the Complaint is overruled without prejudice on the grounds that it appears to the court that the demurrer was not served on Plaintiff. The court notes that Plaintiff has listed her address as 3870 Callan Blvd., #101 and 3870 Callan Blvd., #207, while the demurrer was served by mail on Plaintiff at 3870 Callan Boulevard, #701.

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9:00

CLJ 486145 NEWPORT CAPITAL RECOVERY GROUP VS REMEDIOS CASCO-ABUAN

NEWPORT CAPITAL RECOVERY GROUP KENNETH J. MIELE

REMEDIOS B. CASCO-ABUAN PRO/PER

MOTION FOR JUDGMENT ON THE PLEADINGS FILED BY NEWPORT CAPITAL RECOVERY GROUP II, LLC.

· Plaintiff’s request for judicial notice is GRANTED pursuant to Evidence Code section 452(d).

· Plaintiff’s unopposed Motion for Judgment on the Pleadings is GRANTED without leave to amend pursuant to CCP section 438(c)(1)(A) and the answer filed by defendant which fails to dispute any of the allegations of the Complaint or raise any affirmative defenses.

· Judgment for Plaintiff is entered in the amount of $4,446.99 principal; interest of 10% from date of the breach, 10/20/06 in the amount of $1,123.32; costs of $265.00; and attorney’s fees of $356.00. The total judgment is $6,191.31.

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9:00

CLJ 489051 ACCELERANCE, INC. VS FEDEX CUSTOMER INFORMATION SERVICES

ACCELERANCE, INC. MICHAEL W. PROZAN

FEDEX CUSTOMER INFORMATION SERVICES CHRISTOPHER J. YOST

MOTION TO STRIKE PUNITIVE DAMAGES FROM COMPLAINT FILED BY HOLLINS SCHECHTER AND RUDOLFO GABA.

DEMURRER TO COMPLAINT OF ACCELERANCE, INC. FILED BY HOLLINS SCHECHTER AND RUDOLFO GABA.

DEMURRER TO COMPLAINT OF ACCELERANCE, INC. FILED BY FEDEX CUSTOMER INFORMATION SERVICES, INC. AND FEDEX CORPORATION.

· On Dec. 24, 2009 Plaintiff dismissed its 2^nd Cause of Action as to all parties. Therefore, the demurrer brought by Defendants Fedex Corporation and Fedex Customer Information Services, Inc. is moot. Also, the demurrer by Defendant Hollins-Schechter and Rodolfo Gaba, Jr. as to the 2^nd Cause of Action is likewise moot.

· Defendants’ demurrer to the First Cause of Action is OVERRULED. Defendants shall serve and file their Answer on or before February 24, 2010.

· Defendants’ Motion to Strike portions of the Complaint is DENIED.

· The request for judicial notice requested by each side is DENIED for failing to comply with California Rule of Court Rule 3.1113(l).

· If the tentative ruling is uncontested, it shall become the order of the court, pursuant to Rule 3.1308(a)(1), adopted by Local Rule 3.10.