April 26, 2015
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 JOSEPH C. SCOTT

Department 25

 

400 County Center, Redwood City

Courtroom 2G

 

Wednesday, April 22, 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 524475       S.R. FREEMAN, INC., VS. JENS K. ANDREASSEN, ET AL.

 

 

S.R. FREEMAN, INC.                    TIMOTHY A. LUNDELL

JENS K. ANDREASSEN                    DENNIS L FAORO

 

 

MOTION FOR LEAVE TO AMEND CROSS-COMPLAINT BY JENS K. ANDREASSEN, ET AL.

 

 

  • The unopposed Motion for Leave to Amend the Cross-Complaint by Defendants and Cross-Complainants Jens K. Andreassen and Linda A. Chang is GRANTED, pursuant to CCP §§ 472 and 576.

 

·         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

2

CIV 525953       RONNALYN BORDON VS. SEVILLE HOMEOWNERS ASSOCATION

 

 

RONNALYN BORDON                          PRO/PER

SEVILLE HOMEOWNERS ASSOCATION            ELAINE R. LEE

 

 

1) MOTIOPN TO COMPEL PLAINTIFF TO PROVIDE RESPONSES TO DEFENDANT'S FORM INTERROGATORIES, SET ONE 2) COMPEL PLAINTIFF TO PROVIDE RESPONSES TO DEFENDANT'S SPECIAL INTERROGATORIES, SET ONE 3) COMPEL PLAINTIFF TO PROVIDE RESPONSES TO DEFENDANT'S REQUEST FOR PRODUCTION OF DOCUMENTS, SET ONE 4) IMPOSE IN MONETARY SANCTIONS BY SEVILLE HOMEOWNERS ASSOCATION

 

  • The Motion to Compel Responses to the First Set of Form Interrogatories, First Set of Special Interrogatories and Request for Production of Documents by Defendants Seville Homeowners Association, Carrick and English, Ed Ferguson and Jenny Dito is GRANTED pursuant to CCP  §§2030.290 [interrogatories] and 2031.300 [request for production]. Plaintiff has failed to respond to timely and properly served discovery requests. Plaintiff has waived all objections to the discovery and is ordered to provide verified responses, without objection within 15 days of service of the notice of entry of order.

 

  • Request for sanctions is DENIED.

 

  • 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

3

CIV 530382       WADE ROBERTSON VS. HEARST CORPORATION, ET AL.

 

 

WADE ROBERTSON                        PRO/PER

HEARST CORPORATION

 

 

MOTION RE: TO QUASH SERVICE OF THE SUMMONS ON THE GROUND OF LACK OF JURISDICTION AND DISMISS THE ACTION BY HEARST CORPORATION, ET AL.

   

  • The Motion to quash is GRANTED as to all defendants. The Court orders that the Defaults against all Defendants be vacated for insufficient service of the summons or complaint on all Defendants.

 

  • Service was untimely. The deadline was extended to January 21, 2015 (including 5 extra days resulting from Plaintiff’s application for second extension.) Even if Plaintiff’s service was effective, it was completed upon the 10th day after mailing. (Code of Civ. Proc. § 415.20, subd. (a) & (b).) Plaintiff mailed the papers on January 20, 2015; service was completed on January 30, 2015, nine days after the deadline.

 

  • Delayed service, however, does not support a motion to quash. Generally, the remedy for delayed service is an Order to Show Cause re: sanctions. (CRC Rule 3.110(f).) Defendants cite no authority authorizing an order quashing service on the ground that service was beyond the service deadline.

 

  • The Motion is GRANTED as to corporate Defendants Hearst Communications, Inc., Hearst Corporation, and San Francisco Chronicle, Inc. on the ground that Service on a corporation must be on a designated agent for service of process or to “the president, chief executive officer, or other head of the corporation, a vice president, a secretary or assistant secretary, a treasurer or assistant treasurer, a controller or chief financial officer, a general manager, or a person authorized by the corporation to receive service of process.” (Code of Civ. Proc. § 416.10, subd. (b).)  Plaintiff attempted to serve Jeffrey Johnson, “executive of and/or agent for entity.” (See Proof of Service.) Service is insufficient because the Proof of Service does not indicate that Jeffrey Johnson is a designated agent for service of process. Also, the identification merely as “executive” does not indicate whether he is a person specified in section 416.10(b).

 

  • The Motion is granted as to limited liability company defendant San Francisco Chronicle, LLC..  Service on a limited liability company must be on its designated agent for service of process. (Corp. Code ¶ 17701.16, subd. (b).) Service was insufficient because the Proof of Service does not indicate that Mr. Johnson is the LLC’s designated agent for service of process.

 

·         The Motion is granted as to Defendants Jeffrey Johnson and Bob Egelko. Declarations of Diligence show only two attempts at personal service on each Defendant. Attempts occurred only once in the late morning and once in the early afternoon on weekdays. The Court concludes that the two attempts do not constitute “reasonable diligence” at personal service, which is required for substitute service. (Code of Civ. Proc. § 415.20.)

 

  • If the tentative ruling is uncontested, it shall become the order of the Court. Thereafter, counsel for Defendants shall 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 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

4

CIV 531175       JOHN O'ROURKE VS. EMPORIO GROUP, INC., ET AL.

 

 

JOHN O'ROURKE                         PRO/PER

EMPORIO GROUP, INC.                   BEN I. HAMBURG

 

 

MOTION TO STRIKE PORTIONS OF PLAINTIFF'S FIRST AMENDED COMPLAINT BY EMPORIO GROUP, INC., ET AL.

 

 

·         Appear.

 

 

MOTION TO STRIKE PORTIONS OF PLAINTIFF'S FIRST AMENDED COMPLAINT BY MICHAEL ROBLES

 

 

·         Appear.

 

 

DEMURRER TO FIRST Amended COMPLAINT BY MICHAEL ROBLES

 

 

·         Appear.

 

 

DEMURRER TO FIRST Amended COMPLAINT BY EMPORIO GROUP, INC., ET AL.

 

 

·         Appear.

 

 

_____________________________________________________________________


9:00

5

CIV 531589       BARBARA BARTOSHUK, ET AL. VS. CARLEEN WHITTESLEY, ET

                   AL.

 

BARBARA BARTOSHUK                     PRO/PER

CARLEEN WHITTESLEY                    CRAIG HANSEN

 

 

MOTION FOR JUDGMENT ON THE PLEADINGS BY BRUCE ROBERTS, ET AL.

 

 

·         Continued to May 11, 2015 at 9:00a.m. by motion of the Court.

 

 

MOTION FOR JUDGMENT ON THE PLEADINGS BY CARLEEN WHITTESLEY

 

 

·         See above.

 

 

DEMURRER TO ANSWERS FILED BY DEFENDANTS BY BARBARA BARTOSHUK

 

 

·         See above

 

 

_____________________________________________________________________


9:00

6

CIV 532003       SONIA HIDALGO VS. U.S. BANK, N.A., ET AL.

 

 

SONIA HIDALGO                         NICK PACHECO

NATIONSTAR MORTGAGE, LLC.             GURINDER S. GREWAL

 

 

MOTION TO HAVE REQUESTS FOR ADMISSION DEEMED ADMITTED AND REQUEST FOR MONETARY SANCTIONS OF $1,430.00 BY NATIONSTAR MORTGAGE, LLC., ET AL.

·         Moot.  Case was dismissed on April 15, 2015.

 

 

MOTION TO COMPEL RESPONSES TO SPECIAL INTERROGATORIES, ETC BY NATIONSTAR MORTGAGE, LLC, ET AL.

·         Moot.  See above.

 

 

DEMURRER TO FIRST Amended COMPLAINT BY NATIONSTAR MORTGAGE, LLC, ET AL.

 

 

·         Moot.  See above.

 

 

_____________________________________________________________________


9:00

7

CLJ 526985       TOYOTA MOTOR CREDIT CORPORATION VS. RAMON ALCALA

 

 

TOYOTA MOTOR CREDIT CORPORATION       SEAN D. MORRISSEY

RAMON ALCALA                          SCOTT MAURER

 

 

MOTION FOR REASONABLE ATTORNEY'S FEES BY RAMON ALCALA

 

·         Off calendar at the request of the moving party.

 

 

_____________________________________________________________________

 

 

 

 


POSTED:  3:00 PM

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