February 18, 2018
Special Set Matters 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

 

Special Set Calendar

Judge: Honorable GERALD J. BUCHWALD

Department 10

 

400 County Center, Redwood City

Courtroom 8D

 

Thursday, December 21, 2017

 

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.  

 

    Case                  Title / Nature of Case

9:00

Line: 8

17-UDL-00974     BOOS IRREVOCABLE TRUSt vs. ERIN PASQUALE

 

 

BOOS IRREVOCABLE TRUST                 Pro/PER

ERIN PASQUALE                          RENE ORTEGA

 

 

ERIN PASQUALE’s HEARING ON DEMURRER

 

·         HEARING REQUIRED. This matter came before the Court on Monday December 18th, 2017 at which time no one appeared and the Court adopted its Tentative Ruling that had been posted Friday December 15, 2017. (See the Minute Order entered herein on December 18th.)  However, apparently a Stipulation and Order had earlier been signed which set the Hearing for December 21st. Accordingly, the matter is again on calendar for tomorrow in Dept 10. Under the circumstances, the Court will treat this setting as an application for reconsideration.

·         The Court carries forward and restates the earlier Tentative Ruling, that became the Court’s Minute Order on December 18th,  as follows:

 

·         “SUSTAINED WITHOUT LEAVE TO AMEND. Defendant Erin Pasquale’s Demurrer To Complaint is Sustained Without Leave To Amend due to defective 60-day Notice, said defects rendering the Court without jurisdiction to proceed with trial.

 

·         This is an unlawful detainer case in which Plaintiff Boos Trust seeks to recover possession of the Trust’s property in East Palo Alto. Defendant Ms. Pasquale has been a tenant at the property, which is subject to East Palo Alto’s Rent Stabilization Ordinance that imposes special conditions for the 60-day notice to vacate that triggers unlawful detainer proceedings. Without compliance with those special conditions, there is no valid jurisdiction for the pending unlawful detainer action. (See East Palo Alto Municipal Code, Section 14.04.160 (B); compare Biggs v. Electronic Memories & Magnetics Corp. (1975) 53 Cal. App.3d 900,905.)  

 

·         In this case, the 60-day notice does not set forth specific reasons establishing “just cause” for the eviction (see East Palo Alto Municipal Code, Section 14.04.160).

 

·         If the tentative ruling is uncontested, it shall become the order of the Court. Thereafter, Defense Counsel 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. Form of Order to be submitted directly to Dept. 10 (Hon. Gerald J. Buchwald).”

 


 

 

 


POSTED:  3:00 PM

 

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