August 27, 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 susan irene etezadi

Department 18

 

400 County Center, Redwood City

Courtroom 2M

 

Wednesday, August 26, 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.

 

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 207333       BORIS ZATS VS. CONOR J. NUGENT

 

 

BORIS ZATS                            JAMES D. FRANGOS

CONOR J. NUGENT                       MARK E. RENNIE

 

 

MOTION TO ENTER MONEY JUDGMENT PURSUANT TO STIPULATION BY BORIS ZATS

 

 

Plaintiff’s Motion to Enter a Money Judgment Pursuant to Stipulation is GRANTED. Judgment shall be entered in favor of Plaintiff Boris Zats and against Defendants Conor Nugent and 2111 Broadway Street, LLC in the amount of $75,000.00.

 

 

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.

 

 

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9:00

2

CIV 518000       $12,470.00 IN UNITED STATES CURRENCY VS. YANA

                   KHOLODNAYA

 

 

$12,470.00 IN UNITED STATES CURRENCY  CA DEPARTMENT OF JUSTICE

YANA KHOLODNAYA                       Philip Cozens

 

 

MOTION FOR SUMMARY JUDGMENT AS TO CLAIM OPPOSING FORFEITURE of $12,470.00 IN UNITED STATES CURRENCY FILED BY THE PEOPLE OF THE STATE OF CALIFORNIA

 

 

Plaintiff’s unopposed Motion for Summary Judgment is GRANTED. Plaintiff has met its initial burden under CCP § 437c(p)(1) through those matters deemed admitted that establish that interested party Yana Kholodnaya has no claim to the currency [Fact 4] and that the $12,370.000 represents proceeds traceable to an exchange for controlled substances [Fact 3]. Interested party Yana Kholodnaya has not filed a response and has not met her burden under CCP §437c(p)(1) of showing that a triable issue of material fact exists.

 

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.

 

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9:00

3

CIV 522607       NICOLE MCDEVITT, ET AL. VS. DEC, ET AL.

 

 

NICOLE MCDEVITT                       TYLER M. PAETKAU

DEC                                   JON B. ZIMMERMAN

 

 

MOTION COMPELLING ATTENDANCE AT DEPOSITION OF DEFENDANT DEC AND COREY MCMILLS AND FOR SANCTIONS BY NICOLE MCDEVITT AND KYLE MCDEVITT

 

 

Plaintiffs’ Motion for an Order Compelling Defendant DeC Corporation’s Attendance at noticed Depositions, and for Monetary Sanctions is DENIED. Due to the impending filing of Plaintiffs’ First Amended Complaint, the depositions are premature at this point in the litigation. Sanctions are not warranted because the parties met and conferred in an attempt to resolve the issue informally.

 

 

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.

 

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9:00

4

CIV 531023       WILLIAM B. SHINE VS. LAWRENCE A. JACOBSON, ET AL.

 

 

WILLIAM B. SHINE                      ROBERT F. EPSTEIN

LAWRENCE A. JACOBSON                  JOHN B. SULLIVAN

 

 

MOTION TO COMPEL RESPONSES TO INTERROGATORIES, REQUESTS FOR PRODUCTION, FOR DEEMED ADMISSIONS AND FOR DISCOVERY SANCTIONS BY LAWRENCE A. JACOBSON ESQ, COHEN AND JACOBSON, LLP

 

 

The Defendants’ unopposed Motion to Compel Form and Special Interrogatory responses, Request for Production responses and to deem matters admitted is GRANTED pursuant to CCP §§2030.290, 2031.260 and 2033.260. All those matters set forth in the Request for Admissions, Set One, dated May 18, 2015 are hereby deemed admitted. Plaintiff shall provide verified responses, without objection, to the Form Interrogatories, Special Interrogatories and Request for Production of Documents within 15 days of service of the notice of entry of order. Plaintiff is further ordered to pay sanctions in the amount of $650.00 to defendants within 15 days of service of the notice of entry of order.

 

 

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.

 

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9:00

5

CIV 534123       ELAINE JOHNSON VS. THELMA KOTIK, ET AL.

 

 

ELAINE JOHNSTON                       MARK A. RUIZ

THELMA KOTIK                          JONATHAN SEIGEL

 

 

MOTION FOR AN ORDER TO CONSOLIDATE CASES FILED IN UNLAWFUL DETAINER CASE NO. CLJ211262

 

 

Plaintiff ELAINE “WINK” JOHNSTON’s Motion to Consolidate Case No. CIV 534123 with Case No. CLJ 211262 is GRANTED.  The lead case will be CIV 534123.

 

 

Plaintiff is ordered to continue paying monthly rent of $3,527.00 to Defendants, pursuant to the terms of the parties’ Lease Agreement, during the pendency of this action. 

 

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9:00

6

CIV 534190       JAMES REN VS. FAA SERRAMONTE L, INC., ET AL.

 

 

JAMES REN                             ARLYN L. ESCALANTE

FAA SERRAMONTE L, INC.                TIMOTHY D. ROBINETT

 

 

MOTION TO STRIKE PORTIONS OF COMPLAINT BY TOYOTA MOTOR SALES, U.S.A., INC.

 

 

SEE BELOW

 

 

DEMURRER TO COMPLAINT of JAMES REN BY TOYOTA MOTOR SALES, U.S.A. INC.

 

 

On August 13, 2015, Plaintiffs filed a First Amended Complaint with the Court. Therefore, these motions are moot.

 

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9:00

7

CLJ 211200       LIGHT TREE HOUSING PARTNERS VS. ADRIENNE A. BELL

 

 

LIGHT TREE HOUSING PARTNERS           JUSTIN BREWER

ADRIENNE A. BELL

 

 

MOTION TO QUASH SERVICE OF SUMMONS AND SET ASIDE ENTRY OF DEFAULT AND VACATE JUDGMENT BY ADRIENNE A. BELL

 

 

On August 25, 2015, the parties stipulated to have this matter continued to 9:00 a.m., on September 18, 2015 on the Law and Motion Calendar in Department 18.

 

_____________________________________________________________________________________
9:00

8

CLJ 211262       THELMA KOTIK VS. ELAINE JOHNSTON

 

 

THELMA KOTIK                          JONATHAN SEIGEL

ELAINE JOHNSTON                       MARK A. RUIZ

 

 

MOTION TO CONSOLIDATE CLJ 211262 WITH CIV 534123 BY ELAINE JOHNSTON AND ROBERT ALLEN JOHNSTON

 

Plaintiff ELAINE “WINK” JOHNSTON’s Motion to Consolidate Case No. CIV 534123 with Case No. CLJ 211262 is GRANTED.  The lead case will be CIV 534123.

 

 

Plaintiff is ordered to continue paying monthly rent of $3,527.00 to Defendants, pursuant to the terms of the parties’ Lease Agreement, during the pendency of this action. 

 

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9:00

9

CLJ 211508       SOPHIA LIN VS. WEINU GAN

 

 

SOPHIA LIN                            CHRISTOPHER PIRRONE

WEINU GAN

 

 

HEARING ON MOTION TO QUASH SERVICE OF SUMMONS ON COMPLAINT (UNLAWFUL DETAINER) of SOPHIA LIN FILED BY WEINU GAN

 

 

Defendant Weinu Gan’s unopposed Motion to Quash is GRANTED. The proof of service filed by process server Uriel Carmona creates a rebuttable presumption of service. Evidence Code §§ 647, 1271 and Palm Property Investments, LLC v. Yadegar (2011) 194 CA 4th 1419, 1426-27. However, the defendant has rebutted the presumption by his own declaration under penalty of perjury, in which he states that he was never personally served with the summons and complaint.

 

 

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.

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9:00

10

CLJ 533900       MIRIAM MUELLER VS. COUNTY OF SAN MATEO DEPARTMENT OF

                   HOUSING, ET AL.

 

MIRIAM MUELLER                        AMY BINGHAM

COUNTY OF SAN MATEO                   TIM SHIMIZU

 

 

DEMURRER TO COMPLAINT of MIRIAM MUELLER BY WELLS FARGO BANK, N.A.

 

 

The Demurrer is continued to September 29, 2015. Defendant’s service of its demurrer is deficient. Service by mail must be made “at the office address as last given by that person on any document filed in the cause and served on the party making service by mail.” (Code of Civ. Proc. § 1013, subd. (a). Plaintiff’s counsel’s most recently listed address is on the Complaint, which specifies “Suite 1100.” Defendant’s Proof of Service shows that the suite number was omitted from the address. Defendant shall serve its demurrer and supporting papers in compliance with Code of Civil Procedure section 1013, providing notice to Plaintiff of the new hearing date.

 

 

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.

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9:00

11

CLJ 534826       IN THE MATTER OF THE PETITION OF JERRY LEE

 

 

IN THE MATTER OF THE PETITION         TREVOR L. ROSS

 

 

MOTION OF VERIFIED PETITION TO ESTABLISH STANDING FOR THE SAN MATEO DAILY JOURNAL AS A NEWSPAPER OF GENERAL CIRCULATION FOR ALL OF SAN MATEO COUNTY BY JERRY LEE, PUBLISHER

 

 

The Petition of Jerry Lee to establish the SAN MATEO DAILY JOURNAL as a newspaper of general circulation in the City of San Mateo and the County of San Mateo is CONTINUED to September 23, 2015. The late filed opposition by the California Newspapers Partnership raises significant issues as to the petitioner’s qualifications under either Government Code §§6000 and 6008. Due to the lateness of the opposition, the court is continuing the matter to give the petitioner time to address the issues raised in the opposition.

 

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POSTED:  3:00 PM

© 2015 Superior Court of San Mateo County