August 26, 2016
Law & Motion Department Tentative Rulings
  • Law and Motion Department Tentative Ruling Line:  (650) 261-5019
  • Other Judges' tentatives: please reference the appropriate Case Number and Case Caption below and contact the appropriate department.

Telephonic Appearances (CourtCall): If an appearance is required or if a party has provided timely notice of intent to appear by 4:00 p.m. to the court and all parties, any party may appear telephonically through CourtCall. To do so, you must contact CourtCall at (888) 882-6878 no later than 4:30 p.m. on the court day prior to the hearing. Notifying CourtCall with your intent to appear is not an alternative to notifying the court. Please visit their website for more information. Please also see California Rule of Court No. 3.670.

 

In the Superior Court of the State of California

In and for the County of San Mateo

 

Law and Motion Calendar

Judge: Honorable jonathan e. karesh

Department 20

 

400 County Center, Redwood City

Courtroom 8C

 

Friday, August 26, 2016

 

NOTICE TO ALL COUNSEL

 

Until further order of the Court, no endorsed-filed “courtesy copy” of pleadings is required to be provided to the Law and Motion Department.

 

 

IF YOU INTEND TO APPEAR ON ANY CASE ON THIS CALENDAR YOU MUST DO THE FOLLOWING:

 

1. YOU MUST CALL (650) 261-5019 BEFORE 4:00 P.M. TO INFORM THE COURT OF YOUR INTENT TO APPEAR.

2. You must give notice before 4:00 P.M. to all parties of your intent to appear pursuant to California Rules of Court 3.1308(a)(1).

 

Failure to do both items 1 and 2 will result in no oral presentation.

 

Notifying CourtCall with your intent to appear is not an alternative to notifying the court.

 

All Counsel are reminded to comply with California Rule of Court 3.1110.  The Court will expect all exhibits to be tabbed accordingly. 

 

    Case                  Title / Nature of Case

 

 

9:00

Line: 1

CIV531736     KAREN LEAHY, ET AL. VS. SUTTER HEALTH, ET AL.

 

 

KARYN LEAHY                            JOSEPH W. CARCIONE, JR.

SUTTER HEALTH                          J. JULIA HANSEN

 

 

MOTION FOR SUMMARY JUDGMENT AS TO COMPLAINT OF LEAHY

 

 

TENTATIVE RULING:

 

Off calendar at the request of the Moving Party.

 


 

9:00

Line: 2 & 3

CIV532688     BETTY REIS, ET AL VS. DUANE MANOR RESIDENTIAL CARE

 

 

BETTY REISS                             ANTHONY D. GHECEA

DUANE MANOR RESIDENTIAL CARE HOME       MICHAEL B. LEVIN

 

 

MOTION FOR GOOD FAITH SETTLEMT

TENTATIVE RULING:

 

By stipulation and order, the matter is continued to October 26, 2016 at 9 a.m. in the Law and Motion Department.

 

 

 

APPLICATION TO FILE CONFIDENTIAL DECLERATION

TENTATIVE RULING:

 

This matter is also continued to October 26, 2016 at 9 a.m.

 

 

 


 

9:00

Line: 4

CIV534062     BRENDA DAVIS VS. FIDELITY NATIONAL, ET AL.

 

 

BRENDA DAVIS                            PIETER BOGAARDS

FIDELITY NATIONAL SERVICES, LLC         KAI-CHING CHA

 

 

MOTION TO QUASH SUBPOENA

TENTATIVE RULING:

 

Defendant’s Motion to Quash Deposition Subpoena is GRANTED in part and the deposition subpoena served on Bancserv, LLC is modified so that document demand nos. 2, 8, and 13 are stricken as overbroad and unduly burdensome to the deponent.

 

For the remaining categories, Bancserv must only produce documents from February of 2012 through February of 2015. The court finds that it would be unduly burdensome for Bancserv to produce documents before or after this time period.

 

The Plaintiff’s request for sanctions is DENIED. Although not technically required in this instance, the parties are encouraged to meet and confer in an attempt to informally resolve any discovery disputes prior to filing a motion.

 

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, effective immediately, and no formal order pursuant to Rule 3.1312 or any other notice is required as the tentative ruling affords sufficient notice to the parties.

 


 

9:00

Line: 5

CIV534538     ALISON JAGHAB VS. WARREN CHAPMAN

 

 

WARREN CHAPMAN                        PAULA K. CANNY

ALISON JAGHAB                         DAVID M. CKIM

 

 

MOTION TO AMEND COMPLAINT TO REQUEST ATTORNEY’S FEES

TENTATIVE RULING:

 

Plaintiff Jaghab’s Unopposed Motion to file an amended complaint is GRANTED pursuant to CCP §§473(a)(1), 576 and California’s liberal public policy of permitting the filing of  amended pleadings. Edwards  v. Superior Court (2001) 93 Cal App 4th 172, 180. 710, 718.

 

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, effective immediately, and no formal order pursuant to Rule 3.1312 or any other notice is required as the tentative ruling affords sufficient notice to the parties.


 

9:00

Line: 6

CIV535661      CLARENCE WALKER, ET AL. VS. RUSHMORE LOAN MANAGEMENT

 

 

CLARENCE WALKER                         PRO/PER

RUSHMORE LOAN MANAGEMENT                JANA LOGAN

 

 

MOTION TO DISMISS ACTION WITH PREJUDICE FOR FAILURE TO FILE AMENDED COMPLAINT

TENTATIVE RULING:  

 

Off calendar at the request of the moving party.

 


 

9:00

Line: 7

CIV536615     JEFFERY JORDAN VS. BMW OF NORTH AMERICA, LLC

 

 

JEFFERY JORDAN                          JASON CUTLER

BMW OF NORTH AMERICA, LLC               ROGER S. RAPHAEL

 

 

MOTION TO COMPEL

TENTATIVE RULING:

 

The Motion of Plaintiff Jeffrey Jordan (“Plaintiff”) to Compel Further Responses to Request for Production of Documents, Set One, from Defendant BMW of North America, LLC (“Defendant”), is CONTINUED to 9:00 a.m. on September 27, 2016 in the Law and Motion Department.

 

Prior to the new hearing date, the parties are to meet and confer in person in a good faith effort to resolve this dispute on an item-by-item basis.  The parties are to comply with the guidelines set forth in Townsend v. Superior Court (1998)  61 Cal.App.4th 1431, 1434-1435.)  The parties are then to file supplemental briefs no later than 7 days prior to the new hearing date, addressing whether the parties met and conferred in person, and what, if any items, remain in dispute. 

 

If the parties have resolved all the issues raised in the motion, then Plaintiff shall notify the court that the motion shall be taken off calendar. 

 

NOTE:  The court admonishes Jacob Cutler and Strategic Legal Practices for violating California Rules of Court Rule 3.1110(f) (requiring hard tabs between exhibits). Noncompliance with Rule 3.1110 imposes a significant inconvenience on the Court.  In the future, counsel is directed to comply with all Rules of Court for all filings.


9:00

LineS: 8 & 9    

CIV537546     MARIE HATCH VS. DAVID KANTZ

 

 

MARIE HATCH                            FINEMAN, NANCY L

DAVID KANTZ                            MICHAEL D. LIBERTY

 

 

HEARING ON DEMURRER

TENTATIVE RULING:

 

The attorneys are ordered to appear and the ruling will be made after oral argument.

 

 

MOTION TO STRIKE

TENTATIVE RULING:

 

Attorneys are ordered to appear and the ruling will be made after oral argument.

 


9:00

Line: 10

CIV538080     REAL STAFFING GROUP VS AVALANCHE BIO TECHNOLOGIES

 

 

REAL STAFFING GROUP                     ROGER G. PERKINS

AVALANCHE BIO TECHNOLOGIES, INC.        TRITIA M. MURATA

 

 

HEARING ON DEMURRER

TENTATIVE RULING:

 

Off calendar at the request of moving party.  The case has been dismissed.

 


9:00

LINES: 11 & 12

CIV538687     RAYMOND R HRUBY VS. GARY PODESTA, ET AL.

 

 

RAYMOND R HRUBY                         SACHA V. EMANUEL

GARY PODESTA                            RAMSEY KAWAR

 

 

HEARING ON DEMURRER

TENTATIVE RULING:

 

Defendant GARY PODESTA’s Demurrer to Complaint is SUSTAINED WITHOUT LEAVE TO AMEND, in its entirety.  Plaintiff’s causes of action for claim and delivery and conversion are time-barred.  Code Civ. Proc. Section 338(c)(1).  Plaintiff pleads no facts, and has proffered no facts during meet-and-confer discussions that would support a delayed discovery theory.  “A complaint showing on its face that the cause of action is barred by the statute of limitations is subject to general demurrer.”  Basin Construction Corp. v. Department of Water & Power (1988) 199 Cal.App.3d 819, 823. 

 

Defendant’s Request for Judicial Notice is GRANTED as to Exhibit 1.  Judicial notice is GRANTED as to the fact that Exhibits 2-6 were publicly available documents. 

 

If the tentative ruling is uncontested, it shall become the order of the Court, pursuant to CRC Rule 3.1308(a)(1), adopted by Local Rule 3.10.  If the tentative ruling is uncontested, prevailing party is directed to prepare, circulate, and submit a written order reflecting this Court’s ruling verbatim for the Court’s signature, consistent with the requirements of CRC Rule 3.1312.  The proposed order is to be submitted directly to Judge Jonathan E. Karesh, Department 20.

 

MOTION TO STRIKE

TENTATIVE RULING:

 

Defendant’s concurrent Motion to Strike is MOOT in light of the holding above.

 

If the tentative ruling is uncontested, it shall become the order of the Court, pursuant to CRC Rule 3.1308(a)(1), adopted by Local Rule 3.10.  If the tentative ruling is uncontested, prevailing party is directed to prepare, circulate, and submit a written order reflecting this Court’s ruling verbatim for the Court’s signature, consistent with the requirements of CRC Rule 3.1312.  The proposed order is to be submitted directly to Judge Jonathan E. Karesh, Department 20.


 

 

 

 

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 JOHN L. GRANDSAERT

Department 11

 

400 County Center, Redwood City

Courtroom 2D

 

Friday, August 26, 2016

 

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

 you must call (650) 261-5111 before 4:00 p.m. and you must give notice also before 4:00 p.m. to all parties of your intent to appear pursuant to California Rules of Court 3.1308(a)(1).

 

Case                   Title / Nature of Case

9:00

Line: 1

CIV537954     COBALT OFFSHORE MASTER FUND, LP VS. SUNEDISON, INC., ET AL.

 

 

COBALT OFFSHORE MASTER FUND, LP              DENNIS J. HERMAN

SUNEDISON, INC.

 

 

Complex Case Status Conference

TENTATIVE RULING:

 

This matter having been removed to Federal Court, the Complex Case Status Conference is continued for 90 days to November 29, 2016.

 

 



9:00

Line: 2

CIV532094     EMLYN THOMAS BOWEN, III VS. PETER MEYER, ET AL.

 

 

BOWEN, EMLYN THOMAS, III                     WILLIAM H. HOLSINGER

PETER MEYER                                  JOHN S. SIMONSON

 

 

Motion to Continue Trial Date

TENTATIVE RULING:

 

Plaintiff’s Motion to Continue Trial is DENIED.

 


 

 

 

 

 


POSTED:  3:00 PM

 

© 2016 Superior Court of San Mateo County