August 27, 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

 

Monday, August 29, 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

CIV507568     JUAN F. ARGUELLO VS. CA UNEMPLOYMENT INSURANCE APPEALS BOARD

 

 

JUAN FERNANDO ARGUELLO                  PRO/PER

CALIFORNIA UNEMPLOYMENT INSURANCE APPEALS BOARD

 

 

MOTION TO DISMISS

TENTATIVE RULING:

 

Defendant California Unemployment Insurance Appeals Board’s unopposed Motion to Dismiss is granted pursuant to CCP §583.360(c). The plaintiff filed this action on August 9, 2011 and has failed to bring the matter to trial within the five year time period set forth in CCP §583.310.

 

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.

 



9:00

Line: 2

CIV524391     ELIZABETH WHITE VS. JEFFERSON UNION COUNTY SCHOOL DISTRICT

 

 

ROBERT DOUGLAS                           MICHAEL FLYN

JEFFERSON UNION COUNTY SCHOOL DISTRICT   JOHN A. SHUPE

 

 

MOTION TO PROCEED PURSUANT TO TENTATIVE RULING

TENTATIVE RULING:

 

“Motion to Proceed Pursuant to Tentative Ruling,” filed August 9, 2016, is DENIED.  Plaintiff has not complied with Code Civ. Proc. Section 1005’s requirements regarding the filing of the moving papers.  Further, although Plaintiff’s proof of service indicates the motion was served on all counsel by U.S. mail, counsel for Defendant and Plaintiff’s own counsel, Mr. Flynn, have both filed declarations stating they never received the papers, suggesting service was not properly effected.  Further, Plaintiff has not filed a declaration with this motion showing a good faith attempt to meet and confer, as required by the Court’s August 1, 2016 Order, in an attempt to resolve, without the need for the Court’s intervention, this apparent dispute over payment of the $21,000 settlement funds. 

 

It is also ordered that no party shall file any further motion unless accompanied by a declaration stating and explaining that the moving party spoke with the attorneys and/or unrepresented parties involved in this case, or made a good faith attempt to speak with them, and made a good faith attempt to resolve, without the need for the Court’s intervention,  what appears to be a misunderstanding about the payment of the settlement funds.  

 

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.



9:00

Line: 3

CIV528837     G.W. WILLIAMS CO., VS. PETER A. JOHNSON

 

 

G.W. WILLAIMS CO.                       THOMAS CAUDILL

PETER A. JOHNSON

 

 

MOTION FOR ISSUANCE OF EARNINGS WITHHOLDING ORDER AGAINST JUDGMENT DEBTOR'S SPOUSE

TENTATIVE RULING:

 

Plaintiff G. W. Williams Co.’s Motion for an Earnings Withholding Order on non-judgment-debtor spouse is GRANTED.  Plaintiff has established that Erma Corazon Johnson is the judgment debtor’s spouse.

 

CCP §706.102(a) allows a judgment creditor to apply for an earnings withholding order if a writ of execution has been issued in the last 180 days, in the county where the debtor’s employer is to be served. The Plaintiff has shown that a writ of execution was issued in this case within the past 180 days, on June 8, 2016.

 

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.



9:00

Line: 4

CIV530551     DOROTHEA OLIVE VS. SEARS, ROEBUCK & COMPANY, ET AL.

 

 

DOROTHEA OLIVE                            JEFFREY A. BERGER

SEARS, ROEBUCK AND COMPANY                JENNIFER R. THOMAS

 

 

MOTION TO QUASH

TENTATIVE RULING:

 

Defendant SEARS, ROEBUCK AND COMPANY’s Motion to Quash Service of Summons and Complaint and for Dismissal of Action is GRANTED. 

 

California Rules of Court, Rule 3.110(b) and the Local Rules of San Mateo County Superior Court, Local Rule 2.3D(1) required Plaintiff DOROTHEA OLIVE to serve her Summons and Complaint on Defendant SEARS within 60 days of filing her Complaint in this action.  If an extension of time was needed, Plaintiff was required to seek an extension of that deadline from the Court through a “written application to the court upon good cause shown before the prior extension has expired.”  Local Rule 2.3D(5)(A).  Plaintiff completely ignored these rules, and waited 21 months to finally serve Defendant on June 29, 2016.  As this prolonged delay is inexcusable and resulted in serious prejudice to Defendant, the motion to quash service of the Summons and Complaint is granted.  This matter is dismissed with prejudice as to Defendant due to Plaintiff’s failure to timely prosecute the action.  Code Civ. Proc. Sections 418.1(a)(3); 583.150. 

 

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.



9:00

Line: 5

CIV535664     MONIKA MILAGRO MENCIA VS. JENNIFER PIERANTONI, ET AL.

 

 

MONIKA MILAGRO MENCIA                   NIALL P. MCCARTHY

JENNIFER PIERANTONI                     PRO/PER

 

 

MOTION TO COMPEL DEFENDANT’S ATTENDANCE AT DEPOSITION

TENTATIVE RULING:

 

 The Motion of Plaintiff  Monika Milagro Mencia (“Plaintiff”) to Compel Attendance at Deposition, Extend Discovery, and Enter Sanctions against Defendants Jennifer Pierantoni, Domingo Pierantoni, Jr., and Sunday Projects, LLC (collectively “Defendants”), is CONTINUED to 9:00 a.m. on September 6, 2016 in the Law and Motion Department, to provide Defendants with adequate notice of this motion.  (See Code of Civ. Proc. § 1005(b).)  The proof of service shows that Defendants were served with this motion by mail on August 5, 2016.  This is only sixteen court days before the hearing and fails to account for the extra five calendar days for service by mail.  (See Code of Civ. Proc. § 1005(b).) 

 

Plaintiff to notify the other parties and/or attorneys of the new date.

 



9:00

LineS: 6 & 7

CIV536047     MT. DIABLO INVESTMENT GROUP LLC VS. SOUTH BAY REAL

                 ESTATE COMMERCE GROUP LLP.

 

 

SOUTH BAY REAL ESTATE COMMERCE GROUP LLP   MARK A. RUSHIN

MT. DIABLO INVESTMENT GROUP, LLC        MILLA L LVOVICH

 

 

HEARING ON DEMURRER

TENTATIVE RULING: 

 

The court needs additional time to review the demurrer and prepare for the hearing. The hearing on the demurrers is continued one day, until Tuesday, August 30, 2016 at 9 a.m. in the Law and Motion Department.

 

HEARING ON DEMURRER

TENTATIVE RULING:

 

The court needs additional time to review the demurrer and prepare for the hearing. The hearing on the demurrers is continued one day, until Tuesday, August 30, 2016 at 9 a.m. in the Law and Motion Department.

 



9:00

Line: 8

CLJ211655     MARIA SOSA VS. NATHANIEL BASOLA SOBAYO, ET AL.

 

 

Maria sosa                              STEVE LEYDIKER

NATHANIEL BASOLA SOBAYO                 PRO/PER

 

 

MOTION TO VACATE JUDGEMENT

TENTATIVE RULING: 

 

Defendant Nathaniel Sobayo has brought the instant Motion to Vacate and Set Aside the Judgment of April 11, 2016. The judgment in this action was entered by the Hon. Donald J. Ayoob.  Defendant then brought a motion for reconsideration of the judgment which was also heard by the Judge Ayoob. Now defendant seeks to vacate the judgment entered by Judge Ayoob. Because this judgment was entered by Judge Ayoob, the current motion must be heard by him in Department 27.

 

The moving party is directed to contact Department 27, at (650) 261-5127, to arrange a special set hearing on this motion before the Hon. Donald J. Ayoob.

 


 

 

 


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

 

Special Set Law and Motion Calendar

Judge: Honorable joseph e. bergeron

Department 4

 

400 County Center, Redwood City

Courtroom 2B

 

Monday, August 29, 2016

 

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

 you must call (650) 261-5104 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

2:00

Line: 1

CIV530502     GLENN LEUNG VS. DEVIN NIGELVIKASH GUJRAL

 

 

GLENN LEUNG                           JOHN P. STROUSS, III

DEVIN NIGELVIKASH GUJRA               JEFF B. ATTERBURY

 

MOTION FOR ATTORNEY’S FEES

TENTATIVE RULING:

 

Plaintiff’s second amended Cost Memo is GRANTED in the amount requested.  The Court finds it was timely filed and the proper amount was utilized to calculate interest

 

Plaintiff’s request for attorney fees regarding Requests for Admissions is DENIED as it is probable that at the time Requests were served the Defendant had a reasonable basis to deny those requests.

 

Plaintiff is to prepare the order and Judgement.

 

 

 

 

 


POSTED:  3:20 PM

 

 

© 2016 Superior Court of San Mateo County