February 10, 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

Judge: Honorable JOSEPH C. SCOTT

Department 25

 

400 County Center, Redwood City

Courtroom 2G

 

Monday, February 8, 2015

 

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 496994       BEALS MARTIN AND ASSOCIATES, INC. VS. LIFE

                   TECHNOLOGIES CORPORATION

 

 

384 FOSTER CITY BOULEVARD PARTNERS    P. KURT PETERSON

APPLIED BIOSYSTEMS, LLC               ADAM M. TSCHOP

 

 

DEMURRER TO THIRD Amended COMPLAINT BY APPLIED BIOSYSTEMS, LLC

 

 

·         Continued to February 11, 2016 at 9:00a.m. in Dept. LM to be heard by Judge Ayoob.

 

_____________________________________________________________________

9:00

2

CIV 500942       WEEKS STREET VS. NEXGEN BUILDERS, INC., ET AL

 

 

WEEKS STREET LLC.                     CHARLES J. SMITH

NEXGEN BUILDERS, INC.                 GRANT H. BAKER

 

 

MOTION FOR ORDER COMPELLING JOINDER OF OMITTED PARTIES AS NEW PARTIES PLTFFS BY SURAJ P PURI, PRAVIN N PATEL

 

 

  • The Request for Judicial Notice by First National Bank Northern California (FNB) is GRANTED pursuant to Evidence Code §§451, 452(d) and 453. It is granted with the caveat that while courts are free to take judicial notice of the existence of each document in a court file, including the truth of results reached, they may not take judicial notice of the truth of hearsay statements and may not take judicial notice of allegations in affidavits and declarations in court records. [Lockley v. Law Office of Cantrell, Green, Pekich, Cruz & McCort (2001) 91 Cal. App. 4th 875, 882].

 

 

  • The Motion for an Order Compelling Joinder of Omitted Party as a New Party Plaintiff by William Kennedy [as creditor] pursuant to CCP §§378, 389(a) is DENIED.

 

 

  • The Motion for an Order Compelling Joinder of Omitted Party as a New Party Plaintiff by William Kennedy [as guarantor] pursuant to CCP §§378, 389(a) is DENIED.

 

 

  • The Motion for an Order Compelling Joinder of Omitted Party as a New Party Plaintiff by Suraj Puri and Pravin Patel pursuant to CCP §§378, 389(a) is DENIED.

 

 

  • 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 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.

 

 

MOTION FOR ORDER COMPELLING JOINDER OF OMITTED PARTY AS NEW PARTY PLTFF BY WILLIAM E. KENNEDY

 

 

·         See above.

 

 

MOTION FOR ORDER COMPELLING JOINDER OF OMITTED PARTY AS A NEW PARTY PLTFF BY WILLIAM E. KENNEDY

 

 

·         See above.

 

 

_____________________________________________________________________


9:00

3

CIV 506540       CERTAIN UNDERWRITERS AT LLOYD’S LONDON VS. FEDERAL

                   INSURANCE COMPANY, ET AL.

 

 

CERTAIN UNDERWRITERS AT LLOYD'S LONDON JAMES M. MCFAUL

FEDERAL INSURANCE COMPANY             STEPHEN L. NEWTON

 

 

MOTION FOR ORDER ESTABLISHING ADMISSIONS & FOR SANCTIONS FILED BY CERTAIN UNDERWRITERS AT LLOYD'S LONDON

 

 

·         Continued to August 4, 2016 at 9:00a.m.in Dept. LM by stipulation and order.

 

 

_____________________________________________________________________


9:00

4

CIV 530374       VULCAN WARBIRDS INC. VS. THE COLLINGS FOUNDATION

 

 

VULCAN WARBIRDS INC.                  PHILIP L. GREGORY

THE COLLINGS FOUNDATION               JOHN F. DOMINGUE

 

 

MOTION FOR LEAVE TO AMEND CROSS-COMPLAINT BY THE COLLINGS FOUNDATION

 

 

  • The Motion for Leave to File a Second Amended Cross-complaint is GRANTED.  Moving party, The Collings Foundation, is ordered to file and serve its Second Amended Cross-complaint, consistent with the proposed Second Amended Cross-complaint on or before Feb. 16, 2016.

 

 

  • Moving 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 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

5

IV 531517       SULEYMAN UGUR, ET AL. VS. RASHMI GARG, M.D.

 

 

SULEYMAN UGUR                         JOSHUA J.K. HENDERSON

RASHMI GARG, M.D.                     VIRGIL F. PRYOR

 

 

MOTION TO COMPEL DEPOSITIONS OF PLAINTIFF’S AND PRODUCTION OF TANGIBLE THINGS FOR INSPECTION BY RASHMI GARG, M.D.

 

 

·         Continued by stipulation to March 10, 2016 at 9:00a.m. in Dept. LM.

 

 

_____________________________________________________________________


9:00

6

CIV 531711       DOUGLAS LEE, ET AL. VS. CHRISTOPHER HARTMAN, ET AL.

 

 

DOUGLAS LEE                           EDWARD EGAN SMITH

CHRISTOPHER HARTMAN                   JOSEPH C. MCGOWAN

 

 

DEMURRER TO CROSS-COMPLAINT of LEE BY FIDELITY NATIONAL TITLE INSURANCE COMPANY

 

 

  • The general demurrer to the Douglas Lee and Helen Tang cross-complaint, and each cause of action alleged therein,  by Fidelity National Title Insurance Company is OVERRULED.  Demurring party shall file its Answer to the subject cross-complaint, should it elect to do so, no later than February 23, 2016.

 

  • Moving 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

7

CIV 532755       MARIA VICTORIA MANUEL VS. RUSHMORE LOAN MANAGEMENT

                   SERVICES, LLC., ET AL.

 

 

MARIA VICTORIA MANUEL                 TIMOTHY L. McCANDLESS

RUSHMORE LOAN MANAGEMENT SERVICES, LLC.    PETER J. VAN ZANDT

 

 

MOTION TO CONSOLIDATE CIV532755 WITH CLJ212048 BY MARIA VICTORIA MANUEL

 

 

·         Plaintiff Maria Manuel’s Motion to Consolidate is granted pursuant to CCP §1048 and the authority found in Asuncion v. Superior Court (1980) 108 Cal.App.3d 141, 144.  Ms. Manuel’s civil complaint alleges numerous defects in the foreclosure and sales procedure and  her defense in the UD Action rests on the purported noncompliance of the foreclosure sale with California law. And as determined in Asuncion v. Superior Court (1980) 108 Cal.App.3d 141, 144, a unlawful detainer action is not a suitable vehicle to try complicated ownership issues involving fraud and deceptive practices for foreclosures. The summary nature of the proceeding makes it unreasonably difficult for a homeowner to be prepared to litigate the factual issues involved.

 

 

·         The consolidation is conditioned upon Plaintiff Manuel’s payment to defendant US Bank,  the fair rental value of the property while she continues to reside in it. The UD complaint asserts that the fair rental value of the property is $85 per day. Plaintiff Manuel is ordered to pay defendant U.S. Bank, the sum of $2550 per month, commencing immediately, as a condition of the consolidation.

 

 

  • Moving 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 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 533615       21X PROPERTIES LP VS. MASON-TARLTON CO., LLC

 

 

21X PROPERTIES LP                     ANDREW P. HOLLAND

MASON-TARLTON CO., LLC                WALTER R. SCHNEIDER

 

 

MOTION FOR LEAVE TO FILE FIRST AMENDED COMPLAINT BY 21X PROPERTIES LP

 

 

·         The unopposed Motion to File 1st Amended Complaint by Plaintiff 21X is

GRANTED pursuant to CCP §473(a)(1) and 576.

 

 

·         Plaintiff shall file and serve a 1st Amended Complaint, consistent with its proposed 1st Amended Complaint no later than February 23, 2016.

 

 

·         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

9

CLJ 212048       U.S. BANK NATIONAL ASSOCIATION VS. MARIA VICTORIA

                    MANUAL

 

 

U.S. BANK NATIONAL ASSOCIATION        TRACE D. ALEXANDER

MARIA VICTORIA MANUEL                 TIMOTHY L. MCCANDLESS

 

 

MOTION TO CONSOLIDATE FILED IN CIV532755.

 

 

·         See line #7.

 

 

_____________________________________________________________________

 

 

 

 


POSTED:  3:00 PM

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