May 29, 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 JOSEPH C. SCOTT

Department 25

 

400 County Center, Redwood City

Courtroom 2G

 

Friday, May 27, 2016

 

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 516948†††††† BROOKE ZELNIK VS. JOSE ANTONIO AGOSTO, ET AL.

 

 

BROOKE ZELNIK††††††††††††††††††††††††††† BRADLEY R. BOWLES

JOSE ANTONIO AGOSTO

 

 

MOTION TO QUASH OR, IN THE ALTERNATIVE, TO DISMISS BY JOSE ANTONIO AGOSTO

 

         The Motion to Quash or, In the Alternative, Motion to Dismiss by Defendant Jose Antonio Agosto is DENIED. The evidence in opposition to the motion indicates that Plaintiff fully complied with CCP ß415.20(b) for substitute service on Defendant Agosto.

 

         Once a defendant files a motion to quash, the burden is on the plaintiff to prove by a preponderance of the evidence the validity of the service and the Courtís jurisdiction over the defendant. [Bolkiah v. Superior Court (1999) 74 Cal.App.4th 984, 991.] Plaintiff has presented evidence that Defendant Agosto held out 270 Grand Avenue either as his usual place of abode or his mailing address by using that address as a return address on papers filed with the court in a small claims action between the same parties and around the same time period. Plaintiff has also presented evidence that the process server substitute served documents on a person who was apparently in charge, at least 18 years old, and that the process server informed him of the contents and thereafter mailed a copy to that address.

 

         Defendant Agostoís Requests for Judicial Notice of: (1) Zelnik v. Daniel Brent, et al., San Mateo County Superior Court Case Number SCS126728 Docket as of 4/15/16, attached as Exhibit A; (2) Proof of Service on Jose Antonio Agosto, Zelnik v. Daniel Brent, et al., San Mateo County Superior Court Case Number SCS126728, attached as Exhibit B; (3) Zelnik v. Jose Antonio Agosto, et al., San Mateo County Superior Court Case Number CIV516948 Docket as of 4/15/16, attached as Exhibit C; (4) Proof of Service on Jose Antonio Agosto, Zelnik v. Jose Antonio Agosto, et al., San Mateo County Superior Court Case Number CIV516948, attached as Exhibit D and (5) Case Management Conference minutes, dated March 5, 2013, Zelnik v. Jose Antonio Agosto, et al., San Mateo County Superior Court Case Number CIV516948, attached as Exhibit E are GRANTED.

 

         Plaintiffís Objections to Evidence Presented by Defendant Agosto in Support of His Motion to Quash or, In the Alternative, Motion to Dismiss: Plaintiffís Objection No. 1 to the evidence submitted as Ex. F to the Declaration of Kathryn Klaus, the Zillow.com report on the property at 270 Grand Ave., San Jose, CA, is SUSTAINED.

 

         Prevailing party is directed to prepare a written order consistent with the Courtís ruling for the Courtís signature, pursuant to California Rules of Court, Rule 3.1312, and 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 521227†† CARROLL CUSTOM HOMES, INC. VS. 138 ALMENDRAL, LLC, ET AL.

 

 

CARROLL CUSTOM HOMES, INC.††††††††††† RICHARD M. KELLY

138 ALMENDRAL, LLC††††††††††††††††††† E. DAVID MARKS

 

 

MOTION FOR JUDICIAL DETERMINATION OF GOOD FAITH SETTLEMENT BY CUSTOM GATE & ACCESS, INC.

 

 

         The unopposed Motion for Judicial Determination of Good Faith Settlement by Cross-Defendant Custom Gate & Access, Inc. is GRANTED.

 

         Moving party is directed to prepare a written order consistent with the Courtís ruling for the Courtís signature, pursuant to California Rules of Court, Rule 3.1312, and 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

3

CIV 521318†††††† MR. GEARS, INC., ET AL. VS. BANK OF AMERICA, N.A., ET

†††††††††††††††††† AL.

 

 

MR. GEARS, INC.††††††††††††††††††††††††† WALLACE C. DOOLITTLE

BANK OF AMERICA, N.A.††††††††††††††††††† KURT C. WENDLENNER

 

 

MOTION TO COMPEL SUNDAE O'NEIL'S COMPLIANCE WITH DEPOSITION SUBPOENA BY BANK OF AMERICA, N.A.

 

 

         Off calendar at the request of the moving party.

 

 

MOTION TO COMPEL KATHERINE PIERCE'S COMPLIANCE WITH DEPOSITION SUBPOENA BY BANK OF AMERICA, N.A.

 

 

         See above.

 

_____________________________________________________________________

9:00

4

CIV 524209†††††† LYNN LEFEVRE, ET AL. VS. NEWMAR CORP., ET AL.

 

 

LYNN LEFEVRE††††††††††††††††††††††††† GEOFFREY BECKER

NEWMAR CORP.††††††††††††††††††††††††† MARY KAY GLASPY

 

 

MOTION FOR SUMMARY JUDGMENT/SUMMARY ADJUDICATION OF ISSUES BY

NEWMAR CORPORATION

 

 

         This matter is continued to July 29, 2016, at 9:00 a.m., in the Law and Motion department.

 

_____________________________________________________________________

9:00

5

CIV 525140†††††† RONALD EICHMAN VS. REIGN FINANCIAL, ET AL.

 

 

RONALD EICHMAN††††††††††††††††††††††† MARC D. BENDER

REIGN FINANCIAL†††††††††††††††††††††† ADAM M. KOSS

 

 

PETITION TO CONFIRM CONTRACTUAL ARBITRATION AWARD BY REIGN FINANCIAL AND KEVIN P. CLAY

 

 

         The unopposed Petition to Confirm Contractual Arbitration Award brought by Defendants Reign Financial and Kevin P. Clay is GRANTED.The arbitration award is confirmed.(CCP ß1286.)

 

         Moving party is directed to prepare a written order consistent with the Courtís ruling for the Courtís signature, pursuant to California Rules of Court, Rule 3.1312, and 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 533441††† †††SELVIN SANCHEZ VS. BIGBREAK, LLC, ET AL.

 

 

SELVIN SANCHEZ††††††††††††††††††††††† ARLO GARCIA URIARTE

BIGBREAK, LLC†††††††††††††††††††††††† C. MATTHEW DIDALEUSKY

 

 

MOTION TO COMPEL DEPOSITION OF SELVIN SANCHEZ, FOR PRODUCTION OF DOCUMENTS AND FOR RESPONSES TO SPECIAL AND FORM INTERROGATORIES BY BIGBREAK, LLC

 

 

         The Motion to Compel Deposition of Plaintiff SELVIN SANCHEZ, for Production of Documents and for Responses to Special and Form Interrogatories by Defendant BIGBREAK, LLC is GRANTED.Plaintiff is ordered to appear for deposition, and to serve complete, verified responses to written discovery, without objection, no later than June 15, 2016.

         Moving party is directed to prepare a written order consistent with the Courtís ruling for the Courtís signature, pursuant to California Rules of Court, Rule 3.1312, and 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

7

CIV 534504††††† GEORGE HASHIMOTO, III VS. CALIFORNIA DEPARTMENT OF

†††††††††††††††††† TRANSPORTATION (CALTRANS)

 

 

GEORGE HASHIMOTO, III†††††††††††††††††† THOMAS A. NURIS

CALIFORNIA DEPARTMENT OF TRANSPORTATION DAVID GOSSAGE

 

 

MOTION FOR SUMMARY JUDGMENT AS TO COMPLAINT of HASHIMOTO, III BY STATE OF CALIFORNIA

 

 

         Because the gist of Defendantís motion is not the absence of disputed material facts but whether the Complaint alleged sufficient facts to state a cause of action, the Court treats Defendantís summary judgment motion as, in effect, a Motion for Judgment on the Pleadings.[Am. Airlines, Inc. v. Cty. of San Mateo (1996) 12 Cal.4th 1110, 1117-18; Crouse v. Brobeck, Phleger & Harrison (1998) 67 Cal.App.4th 1509, 1532; Prue v. Brady Co./San Diego, Inc. (2015) 242 Cal.App.4th 1367, 1378.]Plaintiff did not allege the existence of any statutory duty as required under the Code.[Government Code ß815(a).]Plaintiff filed no opposition to the motion. TheMotion for Judgment on the Pleadings by Defendant State of California is GRANTED WITH LEAVE TO AMEND.

 

         Plaintiff shall file and serve a first amended complaint, should he elect to do so, no later than June 15, 2016.

 

         Moving party is directed to prepare a written order consistent with the Courtís ruling for the Courtís signature, pursuant to California Rules of Court, Rule 3.1312, and 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

8

CIV 534896†† CHICAGO TITLE INSURANCE COMPANY VS. EMMA ARMANINI, ET AL.

 

 

CHICAGO TITLE INSURANCE COMPANY†††††† JULIAN T. LASTOWSKI

EMMA ARMANINI†††††††††††††††††††††††† RANDALL J. WITTE

 

 

MOTION TO BE RELIEVED AS COUNSEL FOR EMMA ARMANINI AND MICHAEL ARMANINI, INDIVIDUALLY AND AS TRUSTEES OF THE ARMANINI TRUST AGREEMENT DATED 08/13/07, BY RANDALL J. WITTE

 

 

         Randall J.Witteís Motion To Be Relieved as Counsel for Defendants Emma Armanini, individually and as trustee of the Armanini Trust Agreement dated 08/13/07, and Michael Armanini, individually and as trustee of the Armanini Trust Agreement dated 08/13/07, is GRANTED.

 

         Moving party is directed to prepare a written order, on the appropriate judicial council form, consistent with the Courtís ruling for the Courtís signature, pursuant to California Rules of Court, Rule 3.1312, and 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

CIV 535902†††††† REGINA MANANTAN VS. WELLS FARGO BANK, N.A., ET AL.

 

 

REGINA MANANTAN†††††††††††††††††††††† TIMOTHY L. MCCANDLESS

WELLS FARGO BANK, N.A.††††††††††††††† BRIAN S. WHITTEMORE

 

 

MOTION TO STRIKE PORTIONS OF PLAINTIFFíS FIRST AMENDED COMPLAINT BY WELLS FARGO BANK, N.A. DBA AMERICAíS SERVICING COMPANY AND U.S. BANK, N.A. AS TRUSTEE

 

 

         Moot.Plaintiff filed an Amended Complaint On May 6, 2016.

 

 

DEMURRER TO FIRst Amended COMPLAINT of MANANTAN BY WELLS

FARGO BANK, N.A. DBA AMERICAíS SERVICING COMPANY AND U.S. BANK, N.A. AS TRUSTEE, SUCCESSOR BY MERGER TO LASALLE BANK, NATIONAL ASSOCIATION, AS TRUSTEE FOR MORGAN STANLEY MORTGAGE LOAN TRUST 2007-7AX

 

 

         Moot. [See above.]

 

 

JOINDER OF QUALITY LOAN SERVICE CORPORATION TO DEFENDANTSí DEMURRER TO PLAINTIFFíS FIRST AMENDED COMPLAINT

 

 

         Moot. [See above.]

 

_____________________________________________________________________

9:00

10

CIV 536982†††††† BUTLER REALTY, LLC VS. CALIFORNIA CAPITAL INSURANCE

†††††††††††††††††† COMPANY

 

 

BUTLER REALTY, LLC††††††††††††††††††† ALAN H. PACKER

CALIFORNIA CAPITAL INSURANCE COMPANYGARY R. SELVIN

 

 

DEMURRER TO PLAINTIFFíS SECOND CAUSE OF ACTION FOR BREACH OF THE COVENANT OF GOOD FAITH AND FAIR DEALING BY CALIFORNIA CAPITAL INSURANCE COMPANY

 

 

         This matter is continued to July 7, 2016, at 9:00 a.m., in the Law and Motion department by stipulation and order.

 

_____________________________________________________________________

9:00

11

CIV 537716†††††† GREEN NRG VS. TANYA SOLOMON, ET AL.

 

 

GREEN NRG††††††††††††††††††††††††††††††† SHARMILA R. PARKMAN

TANYA SOLOMON††††††††††††††††††††††††††† RON U. LUNSKI

 

 

DEMURRER TO COMPLAINT of GREEN NRG BY TANYA SOLOMON AND RICHARD SOLOMON

 

 

         Moot.Plaintiff filed a First Amended Complaint on May 16, 2016.

 

_____________________________________________________________________

9:01

12

CIV 531937†††††† PATRICK BALDWIN VS. 4D GLOBAL PARTNERS, LLC, ET AL.

 

 

PATRICK BALDWIN†††††††††††††††††††††† CHRISTOPHER MADER

4D GLOBAL PARTNERS, LLC††††††††††††††

 

 

MOTION FOR ASSIGNMENT AND TURNOVER ORDER BY PATRICK BALDWIN

 

 

         The Motion for Assignment and Turnover Order by Petitioner Patrick Baldwin is GRANTED as follows: Judgment Debtor 4D Global Partners, LLC is ordered to assign and turnover to Judgment Creditor Patrick Baldwin the following, subject to the superior security interest held in the same assets by Wells Fargo: (1) all accounts receivable which are amenable to assignment, (2) all payments received from My Computer Works and (3) all cash on hand and in bank accounts.

 

         The Motion for a Restraining Order by Petitioner Baldwin is GRANTED as follows: Judgment Debtor 4D Global Partners, LLC is restrained from assigning or otherwise disposing of the above assets, other than payment to Wells Fargo as required by the security interest and Petitioner Patrick Baldwin. Defendant is further restrained from assigning or otherwise disposing of the licenses for the ďFor DummiesĒ trademark, other than by using the proceeds from any transfer or sale as payment to Wells Fargo as required by the security interest and Petitioner Patrick Baldwin.

 

         Petitioner is directed to prepare a written order consistent with the Courtís ruling for the Courtís signature, pursuant to California Rules of Court, Rule 3.1312, and 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.

 


 

 

 

 


POSTED:3:00 PM

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