September 30, 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.

In the Superior Court of the State of California

In and for the County of San Mateo

 

Law and Motion Calendar

Judge: Honorable ELIZABETH K. LEE

Department 17

 

400 County Center, Redwood City

Courtroom 2M

 

SEPTEMBER 26, 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 513394†††††† JENNIFER MORAN VS. D&J PRECISION MACHINING, INC., ET

†††††††††††††††††† AL.

 

 

JENNIFER MORAN††††††††††††††††††††††† PAUL E. RICE

D&J PRECISION MACHINING, INC.

 

 

MOTION TO BE RELIEVED AS COUNSEL FOR RHAUSLER, INC. BY JOHN H. BLAKE

 

 

         Counsel John H. Blakeís Motion to be Relieved as Counsel for Defendant Rhausler, Inc. is DENIED without prejudice. CRC ß 3.1362(d) provides that the notice of motion, declaration and proposed order must be served on the client and all other parties who have appeared in the case. CRC ß 3.1362(e) provides that the proposed order (MC-053) must be lodged with this court with the moving papers and must be served on the client and on all parties that have appeared in the case. The moving papers do not contain judicial form MC-053, and the proof of service submitted by counsel does not indicate that the Order Granting Attorney's Motion to Be Relieved as Counsel-Civil has been served on the parties as required by CRC ß 3.1362(d) and (e).

 

         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 Elizabeth K. Lee, Department 17.

 

_____________________________________________________________________

9:00

2

CIV 521547†††††† JEAN W. GILLON VS. WEBB RANCH, INC., ET AL.

 

 

JEAN W. GILLON††††††††††††††††††††††† ANTHONY L. LABEL

WEBB RANCH, INC.††††††††††††††††††††† JOHN N. CARR

 

 

MOTION TO COMPEL PLAINTIFFíS FURTHER RESPONSES TO REQUEST FOR PRODUCTION, SET THREE BY WEBB RANCH, INC.

 

 

         This matter has been taken off calendar at the request of the moving party, Defendant Webb Ranch, Inc.

 

_____________________________________________________________________

9:00

3

CIV 524598†††††† SIMON DAVID AVIEL VS. SCOTT DUCHIN, INC., et al.

 

 

SIMON DAVID AVIEL†††††††††††††††††††† BRUCE M. LUBARSKY

CHRISTINA WILLIAMSON††††††††††††††††† CRAIG HARRIS COLLINS

 

 

DEMURRER TO SECOND Amended COMPLAINT of AVIEL BY SCOTT DUCHIN

 

 

         Plaintiffís Request for Judicial Notice is GRANTED as to Items Exhibit Nos. 1 - 8.

 

         Defendantís Demurrer to the Second Amended Complaint is OVERRULED.

 

         The Stipulated Judgment provides for $27,600 rent through and including February 2010 plus any unpaid property taxes due hereunder.

 

         The 4th and 5th Causes of Action herein allege that Defendant breached the contract by failing to pay rent in accordance with the written agreement from April 10, 2010 through October 2, 2012.

 

         Thus, the damages being sought in this action are for a different time period than the rent damages being sought in the UD action. Even assuming that the UD action is somehow considered pending, it does not seek the same rent damages in this action. They are not identical pending actions.

 

         Defendant shall file and serve an Answer within 15 days after service of Notice of Entry of Order.

 

         Demurring 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 Elizabeth K. Lee, Department 17.

 

_____________________________________________________________________

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 ORDER COMPELLING COMPLIANCE WITH PRIOR RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS AND MOTION FOR SANCTIONS BY N.A. SALES COMPANY, INC.

 

 

         The Motion to Compel Compliance with Request for Production of Documents is granted as to document categories 1 and 2.

 

         On May 7, 2014, D-BRG agreed to produce documents requested. However, since then, more than three months have passed without D-BRG producing the requested documents. So far, D-BRG has made promises to produce documents but has not produced any of the responsive documents.

 

         No opposition has been filed. The Proof of Service shows timely and proper service by mail to Defendantís attorney, Kenneth Bauer, on August 26, 2014.

 

         The Motion for Monetary Sanctions is granted in the amount of $1,690.00 against Defendant Bishop Ranch Gateway, Inc.

 

         Defendant shall produce all documents responsive to Request Nos. 1 and 2 no later than October 20, 2014 or another date agreed by the parties in writing.

 

         Defendant Bishop Ranch Gateway, Inc. shall pay a monetary sanction to Plaintiff N.A. Sales Company, Inc. in the amount of $1,690.00 no later than October 20, 2014 or within 10 days of service of a written order ruling on this motion, whichever is sooner.

         If the tentative ruling is uncontested, it shall become the order of the Court. Thereafter, counsel for Plaintiff shall prepare for the Courtís signature a written order consistent with the above ruling, pursuant to California Rules of Court, Rule 3.1312, and provide written notice of the ruling to all parties who have appeared in the action as required by law and the California Rules of Court.

 

_____________________________________________________________________

9:00

5

CIV 527260†††††† GOAHEAD SOLUTIONS, LLC VS. TARIM CONSULTING, LLC, ET

†††††††††††††††††† AL.

 

 

GOAHEAD SOLUTIONS, LLC††††††††††††††† JL SEAN SLATTERY

TARIM CONSULTING, LLC†††††††††††††††† CHARLES M. LOUDERBACK

 

 

MOTION FOR TRADE SECRETS PROTECTIVE ORDER AND MOTION TO STRIKE BY TARIM CONSULTING, LLC, MAX ABLIMIT AND NESTOR NUNEZ

 

 

         This matter is moot.The parties settled the case on September 24, 2014.

 

_____________________________________________________________________

9:00

6

CIV 529072†††††† FOUR GATES CAPITAL, LLC VS. AKHENATON HASSAN SMITH,

†††††††††††††††††† ET AL.

 

 

FOUR GATES CAPITAL, LLC†††††††††††††† KEVIN S. EIKENBERRY

AKHENATON HASSAN SMITH††††††††††††††† RICHARD L. BECKMAN

 

 

DEMURRER TO COMPLAINT of FOUR GATES CAPITAL, LLC BY POLYMATHIC PROPERTIES, INC.

 

 

         Defendantís special Demurrer for uncertainty is overruled. Defendant offers no argument in support of the Demurrer for uncertainty. (See Demurrer Points and Authorities at 2:1-6.)

 

         Demurrer to the 1st Cause of Action is overruled. The 1st Cause of Action alleges a claim to quiet title based on disputes concerning a purported Rescission of Trusteeís Deed. (Complaint ∂∂ 18, 19, 30-32.) The Demurrer argues against matters that are not pleaded in the 1st Cause of Action.

 

         Demurrer to the 2nd Cause of Action is overruled. The 2nd Cause of Action seeks adjudication of a dispute concerning title to the subject property. (Complaint ∂ 37.) The Demurrer argues against matters that are not pleaded in the 2nd Cause of Action.

 

         Defendant POLYMATHIC PROPERTIES, INC. shall file and serve an Answer no later than October 10, 2014.

 

         If the tentative ruling is uncontested, it shall become the order of the Court. Thereafter, counsel for Plaintiff shall prepare for the Courtís signature a written order consistent with the above ruling, pursuant to California Rules of Court, Rule 3.1312, and provide written notice of the ruling to all parties who have appeared in the action as required by law and the California Rules of Court.

 

_____________________________________________________________________

9:01

7

CLJ 209758†††††† U.S. BANK NATIONAL ASSOCIATION VS. BESSIE MAE

†††††††††††††††††† O'QUINN, ET AL.

 

 

U.S. BANK NATIONAL ASSOCIATION††††††† HADI RAUL SEYED-ALI

BESSIE MAE O'QUINN

 

 

MOTION TO SET ASIDE ENTRY OF DEFAULT AND VACATE DEFAULT JUDGMENT AND FOR LEAVE TO FILE A RESPONSE TO THE COMPLAINT BY CAROL STINE

 

 

         Defendant Carol Stineís Motion to Set Aside Entry of Default and Vacate Default Judgment is GRANTED pursuant to CCP ß 473(b).Defendant believed that she had filed her Answer on September 2, 2014 and was waiting to hear from the court regarding how much money she would need to pay for the filing fee for her Answer.Whether due to Defendantís misunderstanding or miscommunication, this error was excusable neglect.Further, Defendant filed the instant motion only four days after learning of the default judgment.Defendantís failure to file a timely Answer was due to excusable neglect, and Defendant worked diligently to rectify this error by quickly filing the instant motion.

         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 Elizabeth K. Lee, Department 17.

 


 

 

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

 

SEPTEMBER 26, 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 522966†††††† TIEN (JERRY) HSU VS. AUTOMOTIVE CITY, ET AL.

 

 

TIEN (JERRY) HSU††††††††††††††††††††† PRO/PER

AUTOMOTIVE CITY

 

 

MOTION TO CONTINUE TRIAL DATE BY TIEN (JERRY) HSU

 

 

         Appear.††

 


 

 

 

 


POSTED:3:00 PM

 

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