June 26, 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 donald j. ayoob

Department 27

 

400 County Center, Redwood City

Courtroom 7B

 

Wednesday, June 22, 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

1

CIV 441924       ANNEMARIE REDMOND VS. GREGORY KELSEY, ET AL.

 

 

ANNEMARIE REDMOND                     ROBERT N. WEAVER

GREGORY L. KELSEY                     MARC D. BENDER

MOTION FOR ATTORNEYS FEES AND COSTS BY ANNEMARIE REDMOND

 

Plaintiff’s Motion for Attorney’s Fees and Costs is GRANTED. Plaintiff is the prevailing party and, according to the terms of the agreements between the parties, is entitled to recover her attorney’s fees and costs for this case. Plaintiff’s attorneys’ rate is adjusted upward to $400/hour, therefore for 56.53 hours of work, Plaintiff is awarded $22,612, plus costs of $322.04, for a total award of $22,934.04 from Defendant.

 

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 Donald J. Ayoob, Department 27.

      _____________________________________________________________________


9:00

2

CIV 496994       BEALS MARTIN & ASSOCIATES, INC. VS. LIFE

                   TECHNOLOGIES CORPORATION

 

 

384 FOSTER CTY BOULEVARD PARTNERS     P. KURT PETERSON

APPLIED BIOSYSTEMS, LLC               ADAM M. TSCHOP

 

 

MOTION TO TAX AND/OR STRIKE COSTS OF DEFENDANT LIFE TECHNOLOGIES CORPORATION DBA APPLIED BIOSYSTEMS BY 384 FOSTER CTY BOULEVARD PARTNERS

 

The Parties have requested by stipulation that the matter be continued until June 30, 2016, in light of the Motion for New Trial now calendared for June 24, 2016. However, June 30 is unavailable and, in any event, the Court intends to continue the New Trial Motion on its own motion. Accordingly, the Court intends to specially set all pending matters, including the Motion for Attorneys’ Fees, for July 8, 2016 at 9:01 a.m. in Department 27. Counsel may contact the clerk with alternative dates if that day and time is not convenient to their calendars.   ______________________________________________________________________


9:00

3

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

 

 

PATRICK BALDWIN                       CHRISTOPHER MADER

4D GLOBAL PARTNERS, LLC              

 

 

MOTION FOR SECTION 128.7 SANCTIONS AGAINST PLAINTIFF PATRICK BALDWIN BY MARK HARTER

 

Defendant MARK HARTER’s Motion for Sanctions pursuant to Code Civ. Proc. § 128.7 is DENIED.  Defendant has not demonstrated that Plaintiff’s conduct in filing his prior Motion to Amend Judgment was for an improper purpose or was indisputably without merit, either legally or factually.  Peake v. Underwood (2014) 227 Cal.App.4th 428, 440.  In either case, to obtain sanctions the moving party must show the responding party’s conduct was objectively unreasonable.  “A claim is objectively unreasonable if ‘any reasonable attorney would agree that [it] is totally and completely without merit.’”  Id.  As Defendant has not met this burden, the motion 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 Donald J. Ayoob, Department 27.      _____________________________________________________________________


9:00

4

CIV 535230      WALTER MITCHELL VS. PENINSULA COMMUNITY CENTER, ET AL.

 

 

WALTER MITCHELL                       WILLIAM E. GILG

PENINSULA COMMUNITY CENTER            TODD A. ROBERTS

 

 

DEMURRER TO second Amended COMPLAINT of MITCHELL BY PENINSULA COVENANT CHURCH, ET AL.

 

The demurrer is CONTINUED to July 18, 2016 on the Court’s own motion.

 

_____________________________________________________________________


9:00

5

CIV 537744       MANUEL ALONZO VS. MIDPEN HOUSING CORPORATION, ET AL.

 

 

MANUEL ALONZO                            MICHAEL J. DEPAUL

MIDPEN HOUSING CORPORATION

 

 

PETITION TO COMPEL ARBITRATION AND STAY JUDICIAL PROCEEDINGS

 

The petition to compel arbitration is GRANTED and this action is STAYED pending completion of the arbitration proceeding.  On May 12, 2014, The parties signed an arbitration agreement applicable to any and all claims arising out of or relating to plaintiff’s employment or its termination, including discrimination, harassment and termination.  Each of the causes of action alleged in plaintiff’s complaint is within the scope of this provision and plaintiff has not established any grounds for revocation of the agreement.

 

The evidence indicates the arbitration agreement was a contract of adhesion, which plaintiff was asked to sign as a condition of employment.  This fact alone is sufficient to establish some degree of procedural unconscionability.  Sanchez v. Valencia Holding Co., Inc. (2015) 61 Cal.4th 899.  However, plaintiff has not established that any provision in the agreement is substantively unconscionable.   The agreement provides for adequate discovery, does not require plaintiff to pay the costs of arbitration and does not preclude an award of costs.  As petitioners point out, the agreement requires the arbitrator follow California law which permits a cost award and prohibits any requirement that plaintiff pay the costs of arbitration.  

 

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 Donald J. Ayoob, Department 27.

      _____________________________________________________________________


9:00

6

CLJ 535838      U.S. TELEPACIFIC, CORP VS. SMELLY MEL'S PLUMBING, INC.

 

 

U.S. TELEPACIFIC CORP.                   JOHN D. GUERRINI

SMELLY MEL'S PLUMBING, INC.

 

 

MOTION TO SET ASIDE DEFAULT AND DEFAULT JUDGMENT BY SMELLY MEL'S PLUMBING, INC.

 

Defendant Smelly Mel’s Plumbing, Inc.’s Motion to Side Aside Default and Default Judgment is GRANTED pursuant to CCP §473(b).  Defendant has presented sufficient evidence demonstrating that attorney mistake, inadvertence, surprise, or negligence resulted in the entry of default and that the motion to set aside was submitted timely and in the proper form. Default and the default judgment entered on January 28, 2016, are set aside.

 

Defendant shall file a responsive pleading within 5 days after the hearing on this matter.

 

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 Donald J. Ayoob, Department 27.

 

____________________________________________________________________________


 

 

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 JOHN L. GRANDSAERT

Department 11

 

400 County Center, Redwood City

Courtroom 2D

 

Wednesday, June 22, 2016

 

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

 you must call (650) 261-5111 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 531460       PETRITA RED, ET AL VS. FLYERS ENERGY LLC, ET AL.

 

 

PETRITA RED                           EDWIN AIWAZIAN

FLYERS ENERGY, LLC,                   ERIC M LLOYD

 

 

MOTION FOR COMPLEX CASE DESIGNATION BY FLYERS ENERGY, LLC

 

 

·         This matter is provisionally deemed complex and is assigned to Judge Marie S. Weiner, Dept. 2, for all purposes.  The parties should contact Dept. 2 at 650.261.5102 to set a date for future status conference or other hearing.

 

 

_____________________________________________________________________

 

 

In the Superior Court of the State of California

In and for the County of San Mateo

 

Special Set Calendar

Judge: Honorable susan irene etezadi

Department 18

 

400 County Center, Redwood City

Courtroom 2M

 

Wednesday, June 22, 2016

 

IF YOU INTEND TO APPEAR ON ANY CASE ON THIS CALENDAR YOU MUST DO THE FOLLOWING:

 

1. YOU MUST CALL (650) 261-5118 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

1

CIV 528711      BANC OF AMERICA LEASING & CAPITAL, LLC VS. VELLO

                   SYSTEMS, INC.

 

 

BANC OF AMERICA LEASING & CAPITAL, LLC Kevin P. Whiteford

VELLO SYSTEMS, INC.                   PRO/PER

 

 

JUDGMENT CREDITOR’S REQUEST FOR ORDER COMPELLING JUDGMENT DEBTOR WITNESSES TO ANSWER QUESTIONS AT JUDGMENT DEBTOR EXAMINATION ON AUGUST 10, 2016 AT 9:00 A.M.

 

Banc of America Leasing & Capital, LLC’s motion for an order compelling the judgment debtor witnesses to answer questions at the judgment debtor examination is GRANTED.

 

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 Susan Irene Etezadi, Department 18.

 

_____________________________________________________________________

 

 

 

 


POSTED:  3:00 PM

 

 

 

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