October 23, 2014
Law & Motions 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.

PIn the Superior Court of the State of California

In and for the County of San Mateo

 

Law and Motion Calendar

Judge: Honorable JOSEPH C. SCOTT

Department 25

 

400 County Center, Redwood City

Courtroom 2L

 

OCTOBER 17, 2014

 

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.

 

N.B. 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

1

CIV 513534       AUSTIAG HORMOZ PARINEH, ET AL. VS. POOROUSHASB

                   PARINEH, ET AL.

 

 

AUSTIAG HORMOZ PARINEH                ANDREW P. HOLLAND

POOROUSHASB PARINEH                   PRO/PER

 

 

MOTION FOR PROTECTIVE ORDER BY AUSTIAG HORMOZ PARINEH, AUSTIAJ PARINEH AND KHASHAYAR PARINEH, INDIVIDUALLY AND AS CO-TRUSTEES OF THE PARINEH FAMILY IRREVOCABLE TRUST DATED JUNE 24, 1996, AND AUSTIAJ LIMITED PARTNERSIP FUND II

 

·         Off calendar at the request of the moving party.

 

 

MOTION FOR JUDGMENT ON THE PLEADINGS BY AUSTIAG HORMOZ PARINEH, AUSTIAJ PARINEH, KHASHAYAR PARINEH AND AUSTIAJ LIMITED PARTNERSIP AND HAK VENTURES, LLC

 

·         Guiv Parineh’s request for judicial notice is granted as to (1) Judge Swope's order regarding the demurrer to the cross-complaint filed in this action and (2) the 1st Amended Cross-complaint filed in this action and denied as to the other items, none of which appear to be relevant to the issues raised by this motion. 

 

·         Cross-Defendants’ motion for judgment on the pleadings is GRANTED WITH LEAVE TO AMEND as to the 1st cause of action for equitable indemnity.  Cross-complainant has failed to allege sufficient facts setting forth a joint legal obligation to the injured party.

 

·         Regarding the 2nd cause of action for contribution, Cross-Defendants’ motion for judgment on the pleadings is GRANTED WITH LEAVE TO AMEND to allege, if proper, a cause of action for comparative equitable indemnity.  [CCP §875(a); Coca-Cola Bottling Co. v. Lucky Stores, Inc. (1992) 11 Cal.App.4th 1372, 1378].

 

·         As to the 3rd cause of action for constructive trust, although such a cause of action may be pled (CC §2224; 5 Witkin California Procedure Pleading §840; Weiss v. Marcus (1975) 51 Cal.App.3d 590; Michaelian v. State Comp. Ins. Fund (1996) 50 Cal.App.4th 1093, 1114), Cross-complainant has not alleged sufficient facts warranting application of the remedy.  The motion for judgment on the pleadings is GRANTED WITH LEAVE TO AMEND as to this cause of action

 

·         Concerning the 4th cause of action for injunctive relief the motion is GRANTED WITH LEAVE TO AMEND.  Cross-complainant has not sufficiently alleged the tort or other wrongful act constituting the cause of action or facts showing an inadequacy of the remedy at law.  [5 Witkin Cal. Proc. Pleading §823; Shamsian v. Atlantic Richfield Co. (2003) 107 Cal. App. 4th 967, 984-85].

 

·         Cross-Complainant shall file a Second Amended Cross-Complaint, should he elect to do so, no later than November 7, 2014.

 

·         Moving attorney is directed to prepare a written order consistent with the Court’s ruling for the Court’s signature, pursuant to California Rules of Court, Rule 3.1312, and to provide notice thereof to the opposing party/counsel as required by law and the California Rules of Court.  The order is to be submitted directly to Judge Joseph C. Scott, Department 25.

 

 

_____________________________________________________________________

 

9:00

2

CIV 520103       BLAKE DOE VS. JOHN DOE 1, ET AL.

 

 

BLAKE DOE                             AARON B. MARKOWTIZ

JOHN DOE 1                            CONSTANCE J. YU

 

 

MOTION (1) TO DISMISS FOR FAILURE TO COMPLY WITH CCP SECTION 373 OR ALTERNATIVELY TO REQUEST THE ISSUANCE OF AN OSC; OR IN THE ALTERNATIVE (2) FOR SUMMARY JUDGMENT/SUMMARY ADJUDICATION OF ISSUES BY

JOHN DOE 1

 

 

·         Moot.  The entire action was dismissed on September 25, 2014.

 

 

_____________________________________________________________________

 

9:00

3

CIV 523065       RAEL & LETSON VS. MICHAEL CLARK, ET AL.

 

 

RAEL & LETSON                         MICHAEL S. DORSI

MICHAEL CLARK                         PAUL J. BARULICH

 

 

MOTION FOR SUMMARY JUDGMENT/SUMMARY ADJUDICATION OF ISSUES BY RAEL & LETSON, HEIDI HAGLER AND ALEXANDRA WILLSON

 

 

·         Continued on the Court’s motion to October 29, 2014 at 9:00 a.m. in the Law and Motion Department.

 

 

_____________________________________________________________________

 

9:00

4

CIV 525758       N.A. SALES COMPANY, INC. VS. HAE-SUK LEE, ET AL.

 

 

N.A. SALES COMPANY, INC.              BRIAN H. SONG

HAE-SUK LEE

 

 

MOTION FOR SANCTIONS PURSUANT TO C.C.P. SECTION 2025.450(D) BY N.A. SALES COMPANY, INC.

 

 

·         Please contact Dept.17, Judge Elizabeth Lee to schedule a new hearing date.  This motion shall be heard on the new agreed upon date concurrently with those matters which had been set on October 16, 2014.

 

 

_____________________________________________________________________

 

9:00

5

CIV 528264       LITTLE GREEN CYCLO, LLC VS. BAY AREA MOBILE CATERING,

                   INC., ET AL.

 

 

LITTLE GREEN CYCLO, LLC               BAO-QUAN P. PHAM

BAY AREA MOBILE CATERING, INC.        MICHAEL MELCHIN

 

 

MOTION FOR LEAVE TO AMEND BY LITTLE GREEN CYCLO, LLC

 

·         GRANTED pursuant to CCP 473(a).  Plaintiff shall file its First Amended Complaint, consistent with Exhibit #1 to its motion, no later than October 31, 2014.

 

·         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.

 

 

DEMURRER TO FIRST Amended CROSS-COMPLAINT of GONZALES BY LITTLE GREEN CYCLO, LLC, MONICA WONG AND QUYNH NGUYEN

 

·         Cross-Defendants’ Demurrer to Cross-Complainant’s First Amended Cross-Complaint is SUSTAINED with leave to amend.  Based on the face of the Cross-Complaint, the cause of action asserted does not appear to arise “out of the same transaction, occurrence, or series of transaction or occurrences” as the Complaint.  [CCP § 428.10(b)].  There is no connection between the dispute over the tenancy and the assault on the face of the cross-complaint.  The only link is that Ms. Wong and Ms. Nguyen were alleged to be acting as agents of Cross-Defendant Little Green Cyclo, LLC.  This is not sufficient to plead a cause of action against third parties.  [Id.]  Second, Cross-Complainant has failed to plead sufficient facts to show that Cross-Defendant Little Green Cyclo, LLC is vicariously liable for the torts of Cross-Defendants Ms. Wong or Ms. Nguyen.  [See Lisa M. v. Henry Mayo Newhall Memorial Hospital (1995) 12 Cal.4th 291, 296-300]. 

 

·         Cross-Defendants’ arguments regarding the claim for attorney’s fees is unavailing.  This argument is more properly brought as a motion to strike.  [See Venice Town Council, Inc. v. City of Los Angeles (1996) 47 Cal.App.4th 1547, 1561-62]. 

 

·         Cross-Complainant shall file her Second Amended Cross-Complaint, should she elect to do so, no later than October 31, 2014.

 

·         Demurring party is directed to prepare a written order consistent with the Court’s ruling for the Court’s signature, pursuant to California Rules of Court, Rule 3.1312, and to provide notice thereof to the opposing party/counsel as required by law and the California Rules of Court.  The order is to be submitted directly to Judge Joseph C. Scott, Department 25.

 

 

_____________________________________________________________________

 

9:00

6

CIV 528869       GAIL D. CANNIS VS. CITY OF SAN CARLOS, ET AL.

 

 

GAIL D. CANNIS                        JILL E. FOX

CITY OF SAN CARLOS                    TODD H. MASTER

 

 

DEMURRER TO PLAINTIFF’S PETITION FOR WRIT OF MANDATE AND COMPLAINT FOR DAMAGES BY CITY OF SAN CARLOS

 

 

·         The Parties are directed the contact Department 17 (650) 261-5117, Judge Elizabeth Lee, to reschedule this hearing.

 

 

_____________________________________________________________________

 

9:00

7

CIV 529123       INCOME SECURITY INVESTMENTS, LP, ET AL. VS. CHARLES

                   S. JOHNSON, ET AL.

 

 

INCOME SECURITY INVESTMENTS, LP       WILLIAM J. ROGERS

CHARLES S. JOHNSON

 

 

PETITION FOR ORDER TO COMPEL PAUL DAWES TO ARBITRATION AND FOR MONETARY SANCTIONS BY INCOME SECURITY INVESTMENTS, LP AND INNERMOUNTAIN REALTY, LLC

 

 

·         Off calendar at the request of the moving party.

 

 

_____________________________________________________________________

 

9:00

8

CLJ 527447       ANN M. DOERR VS. CAMINO GABLES HOMEOWNERS ASSOCIATION

 

 

ANN M. DOERR                          PRO/PER

CAMINO GABLES HOMEOWNERS ASSOCIATION  KEVIN D. FREDERICK

 

 

DEMURRER TO COMPLAINT of DOERR BY CAMINO GABLES ASSOCIATION

 

 

·         Defendant’s Demurrer for uncertainty is OVERRULED on the ground that is a “special demurrer” in a limited jurisdiction case and is barred by Code of Civil Procedure section 92(c).

 

·         Defendant’s Demurrer for the failure to state sufficient facts to constitute a cause of action (CCP section 430.10(e)) is SUSTAINED WITH LEAVE TO AMEND to allow Plaintiff the opportunity to allege sufficient facts to constitute a cause of action for breach of contract.  Plaintiff shall file and serve her amended pleading within 15 days after service of Notice of Entry of Order.

 

·         Demurring party is directed to prepare a written order consistent with the Court’s ruling for the Court’s signature, pursuant to California Rules of Court, Rule 3.1312, and to provide notice thereof to the opposing party/counsel as required by law and the California Rules of Court.  The order is to be submitted directly to Judge Joseph C. Scott, Department 25.

 

 

_____________________________________________________________________

 

9:00

9

CLJ 529858       CHRISTOPHER PRATER VS. PUBLIC STORAGE

 

 

CHRISTOPHER PRATER                    PRO/PER

PUBLIC STORAGE

 

 

MOTION TO QUASH PLAINTIFF CHRISTOPHER PRATER'S SERVICE OF SUMMONS BY PUBLIC STORAGE

 

 

·         The unopposed motion to quash is GRANTED.  There is no indication that the Summons and Complaint was served in a manner authorized by statute.

 

·         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.

 

 

_____________________________________________________________________

 

9:01

10

CLJ 210108       PENTAIR THERMAL MANAGEMENT, LLC VS. WILLIAM BOHNE, ET

                   AL.

 

 

PENTAIR THERMAL MANAGEMENT, LLC       TODD ROTHBARD

WILLIAM BOHNE                         MARC D. BENDER

 

 

DEMURRER TO COMPLAINT (UNLAWFUL DETAINER) of PENTAIR THERMAL MANAGEMENT, LLC BY WILLIAM BOHNE

 

 

·         The general demurrer brought by Defendant is OVERRULED.  CCP §1161(4) provides for a three day notice where the leased premises is sublet in violation of the lease.  While defendant argues the lease required thirty days’ notice for curable violations of a non-monetary nature, §9.01 of lease states that a transfer without consent constitutes a non-curable violation. 

 

·         The special demurrer for uncertainty is also OVERRULED.  The failure to allege plaintiff’s date of acquisition does not render the complaint so uncertain that defendant cannot meaningfully respond.

 

·         Defendant Bohne shall file his Answer to the Complaint no later than October 23, 2014.

 

·         Prevailing party is directed to prepare a written order consistent with the Court’s ruling for the Court’s signature, pursuant to California Rules of Court, Rule 3.1312, and to provide notice thereof to the opposing party/counsel as required by law and the California Rules of Court.  The order is to be submitted directly to Judge Joseph C. Scott, Department 25.

 

 

_____________________________________________________________________

 

 

In the Superior Court of the State of California

In and for the County of San Mateo

 

Special Set Calendar

Judge: Honorable JOSEPH C. SCOTT

Department 25

 

400 County Center, Redwood City

Courtroom 2L

 

OCTOBER 17, 2014

 

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

3. YOU MUST CALL (650) 261-5125 BEFORE 4:00 P.M. TO INFORM THE COURT OF YOUR INTENT TO APPEAR.

4. 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.

 

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

 

    Case                  Title / Nature of Case

9:00

1

CIV 499820    JOWHAL HOLDINGS, LTD VS. LAWRENCE A. KRAUSE

 

 

JOWHAL HOLDINGS, LTD                  JEREMY KATZ

LAWRENCE A. KRAUSE                    JOEL A. GOLDMAN

 

 

MOTION FOR ATTORNEY’S FEES

 

 

·         Continued on the Court’s motion to October 24, 2014 at 9:00 a.m. in the Department 25.

 

 

_____________________________________________________________________

 

 

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 ROBERT D FOILES

Department 21

 

400 County Center, Redwood City

Courtroom 2J

 

OCTOBER 17, 2014

 

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

 you must call (650) 261-5121 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

1

CIV 523098       TRESTLE GLEN ASSOCIATES VS. SEGUE CONSTRUCTION, INC.

 

 

TRESTLE GLEN ASSOCIATES               PATRICK P. GUNN

SEGUE CONSTRUCTION, INC.              MARK COLLINSWORTH

 

 

HEARING RE: STATUS OF SPECIAL MASTER

 

 

·         In light of Special Master’s report, Case Management Conference is continued to January 14, 2015 at 9:00a.m. in Dept. 11.  

 

 

______________________________________________________________________

 

 

© 2014 Superior Court of San Mateo County