If an appearance is required or if a party has provided timely notice of intent to appear, any party may appear telephonically through Court Call. To do so, you must contact Court Call at (888) 882-6878 no later than 4:30 p.m. on the court day prior to the hearing.

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 Stephen m. hall

Department 24

400 County Center, Redwood City

Courtroom 2C

MARCH 9, 2010

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

you must call (650) 363-4812 before 4:00 p.m.

Case Title / Nature of Case

9:00

CIV 461874 WACHOVIA DEALER SERVICES VS NAIM J. JAMJUM, ET AL

WACHOVIA DEALER SERVICES, INC. SHERYL D NOEL

NAIM S. JAMJUM LOUIS A. LIBERTY

APPEARANCE OF JUDGMENT DEBTOR NAIM S. JAMJUM

· APPEAR

_____________________________________________________________________

9:00

CLJ 468974 KEVIN F. FISHER VS KIMBERLEY ANN THOMAS

KEVIN F. FISHER BRUCE W. HOGAN

KIMBERLEY ANN THOMAS

APPEARANCE OF JUDGMENT DEBTOR KIMBERLEY ANN THOMAS

· APPEAR

9:00

CLJ 484997 WATERMARK DESIGNS VS. HAUSWISE, LLC, ET AL.

WATERMARK DESIGNS, LLC ALAN L. BRODKIN

HAUSWISE, LLC, A CALIFORNIA LIMITED CORPORATION

APPEARANCE OF JUDGMENT DEBTOR HAUSWISE, LLC, A CALIFORNIA LIMITED CORPORATION

· APPEAR

_____________________________________________________________________

9:00

CLJ 488832 MICHAEL MAHON VS. NANCY CUEVAS

MICHAEL P MAHON TERRY A. DUREE

NANCY G CUEVAS

APPEARANCE OF JUDGMENT DEBTOR NANCY G CUEVAS

· APPEAR

_____________________________________________________________________

In the Superior Court of the State of California

In and for the County of San Mateo

Law and Motion Calendar

Judge: Honorable CLIFFORD V. CRETAN

Department 6

400 County Center, Redwood City

Courtroom 7B

MARCH 9, 2010

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

you must call (650) 363-1882 before 4:00 p.m.

Case Title / Nature of Case

9:00

CIV 454699 JAMES SAWYER VS SAN MATEO COUNTY SHERIFF'S OFFICE

JAMES SAWYER ELIZABETH KARNAZES

COUNTY OF SAN MATEO THOMAS F CASEY

MOTION TO COMPEL ENTRY OF JUDGMENT FILED BY JAMES SAWYER

· Plaintiff’s request that the court take judicial notice of the court file in this action is granted pursuant to Evidence Code Sec. 452(d).

· Plaintiff’s motion to enforce the settlement agreement is denied. The approval of the settlement by the Board of Supervisors was one of the conditions of the settlement agreement entered into on the record. Plaintiff has not presented any evidence that the Board of Supervisors has approved the settlement.

· 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.

_____________________________________________________________________

9:00

CIV 479063 BADOYA-MULKERIN V. FRASER DAY CARE, ET AL.

SHANIKA BADOYA-MULKERIN IAN KELLEY

FRASER DAY CARE MARK C. RASKOFF

MOTION TO STRIKE COMPLAINT FILED BY FRASER DAY CARE, ELEANOR FRASER, HUGH FRASER

DEMURRER TO 1ST AMENDED COMPLAINT of BADOYA-MULKERIN BY FRASER DAY CARE, ELEANOR FRASER, HUGH FRASER

· Defendants ELEANOR FRASER dba FRASER DAY CARE and HUGH FRASER’s Demurrer and Motion to Strike the Complaint are MOOT. Plaintiff filed a First Amended Complaint on July 6, 2009.

· This tentative ruling will be effective immediately if adopted at the time of the hearing in this matter. No formal order pursuant to Rule of Court 3.1312 or other notice will be required; the tentative ruling provides sufficient notice.

_____________________________________________________________________

9:00

CIV 480957 KIERAN WOODS, ET AL. VS. GUY FONG, ET AL.

KIERAN WOODS KEVIN M SULLIVAN

GUY FONG HAROLD A. JUSTMAN

MOTION TO COMPEL COMPLIANCE WITH DOCUMENTS AND REQUEST FOR SANCTIONS FILED BY WA LI FONG, CITISTAR PROPERTIES, A CALIFORNIA BUSINESS , GUY FONG

MOTION TO COMPEL COMPLIANCE WITH WRITTEN INTERROGATORIES AND SANCTIONS FILED BY GUY FONG, WA LI FONG, CITISTAR PROPERTIES, A CALIFORNIA BUSINESS

· The Parties are requested to appear to update the Court as to the status of discovery (eg. The need for a verification from Marie Woods) unless they believe all outstanding discovery issues have been resolved in which case they may drop the hearing. It appears that, despite communication breakdowns previously, most of the discovery has now occurred. If necessary, the Court will hear from counsel and rule on what remains.

· 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.

_____________________________________________________________________

9:00

CIV 482969 MORRIS MAXWELL VS. QUALITY LOAN SERVICE, ET AL.

MORRIS S MAXWELL RAMON M GONZALEZ

QUALITY LOAN SERVICE CORPORATION DAVID ZARO

DEMURRER TO 1ST AMENDED COMPLAINT OF MAXWELL BY MORTGAGE ELECTRONIC REGISTRATION SYSTEM INC.

· The demurrer is overruled without prejudice for defective, and possibly lack of notice. Service by mail must be “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. Sec. 1013, subd. (a). When MERS served its demurrer on January 26, 2010, Plaintiffs' most recently served and filed paper was a Substitution of Attorney, filed and served January 13, 2010, which showed the address of Plaintiff’s counsel as “1618 Cotner Avenue, Los Angeles.” MERS served its demurrer to 9401 Wilshire Avenue, Beverly Hills. Service failed to comply with Code of Civil Procedure section 1013(a).

_____________________________________________________________________

9:00

CIV 483025 UNIVEST CAPITAL VS. GOURMET SALES, ET AL.

UNIVEST CAPITAL, INC. PENNSYLVANIA BARRY W FERNS

GOURMET SALES, LLC DAVID YANG

SUMMARY JUDGMENT/SUMMARY ADJUDICATION OF ISSUES BY UNIVEST CAPITAL, INC., PENNSYLVANIA AGAINST GOURMET SALES, LLC.

· The Motion for Summary Judgment is DENIED. UMF No. 14 is disputed. (Chen Decl., paragraphs 5, 7.) Because there is a triable issue of material fact, the instant motion must be denied. (CCP Sec. 437c(p)(1); Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850-51).

· The Motion for Summary Adjudication is DENIED. UMF No. 14 is disputed. (Chen Decl., paragraphs 5, 7.) Because there is a triable issue of material fact, the instant motion must be denied. (CCP Sec. 437c(p)(1); Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850-51).

· 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.

_____________________________________________________________________

9:00

CIV 484138 PETER DE JESUS VS DENNIS NGAI, ET AL

PETER DE JESUS JOHN D WINER

DENNIS NGAI DANIEL J MEAGHER

MOTION FOR LEAVE TO FILE AMENDED COMPLAINT FILED BY PETER DE JESUS

· Plaintiff’s motion for leave to amend the complaint is granted. The Amended Complaint shall be filed no later than March 12, 2010. In making this order, the Court notes the trial date has already been reset to July 26, 2010.

· 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.

_____________________________________________________________________

9:00

CIV 485008 RAYMOND KNITTER VS. PATRICK SHERIDAN

RAYMOND KNITTER MARK J SOLOMON

PATRICK SHERIDAN STEVAN J HENRIOULLE

MOTION FOR ORDER COMPELLING RESPONSE TO DEMAND FOR PRODUCTION FILED BY RAYMOND KNITTER

· Plaintiff’s unopposed Motion to Compel Inspection of Documents and For Sanctions is GRANTED. Defendant shall provide a verified response without objection to the request by March 23, 2010. Defendant shall pay monetary sanctions to the Plaintiff in the amount of $750.00 by March 23, 2010.

_____________________________________________________________________

9:00

CIV 485248 CLAUDIA STEPHENS VS. MILLS PENINSULA HOSPITAL

CLAUDIA STEPHENS T. TROY OTUS

MILLS PENINSULA HOSPITAL MICHAEL J. GARVIN

MOTION TO WITHDRAW ADMISSIONS FILED BY CLAUDIA STEPHENS

· Plaintiff’s Motion to Withdraw Admissions is DENIED. Plaintiff has not demonstrated sufficient mistake, inadvertence or neglect to overcome a pattern of events leading up to this motion.

_____________________________________________________________________

9:00

CIV 488822 DAVID R.L. WORTHINGTON VS. COUNTY OF SAN MATEO

DAVID RL WORTHINGTON PRO/PER

COUNTY OF SAN MATEO CLAIRE A. CUNNINGHAM

DEMURRER TO COMPLAINT OF WORTHINGTON BY COUNTY OF SAN MATEO

· The Demurrer to the Complaint is SUSTAINED with leave to amend. Despite alleging in Paragraph 10 of the Complaint that Plaintiff is alleging “Neglegence [sic], Tresspass [sic], Damage to Private Property, [and] Inverse Condemnation,” Plaintiff completed the Form Complaint by using forms that apply only to breach of contract claims. Thus, it is unclear whether Plaintiff is pursuing several theories of breach of contract or distinct causes of action in addition to one claim for breach of contract. Additionally, Plaintiff has designated that an Exhibit A has been attached, which is a copy of the agreement that was allegedly breached. However, no exhibit has been attached to any cause of action included in the Form Complaint. Consequently, the Demurrer is sustained as to all causes of action because they are uncertain. (Code Civ. Proc. Sec. 430.10(f).)

· Plaintiff, if he chooses to amend his Complaint, shall serve and file a First Amended Complaint no later than March 30, 2010.

______________________________________________________________________