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

FEBRUARY 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 459919 JAMES MERLO ET AL VS RON FONG ET AL

JAMES MERLO JOHN G DOWNING

RON FONG GAETANO M FONG

HEARING: APPEARANCE OF JUDGMENT DEBTOR JESUS CAVAZOS JR.

· APPEAR.

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9:00

CIV 464944 LORAINE WONG ET AL VS RICHARD TOM

LORAINE WONG MICHAEL A. KELLY

RICHARD TOM P. CHRISTIAN SCHELEY

MOTION TO STAY FILED BY RICHARD TOM.

· APPEAR.

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9:00

CLJ 462844 BERTA TOVAR VS ALEJANDRO RAMIREZ

BERTA TOVAR WILLIAM E. GILG

ALEJANDRO RAMIREZ

HEARING: APPEARANCE OF JUDGMENT DEBTOR ALEJANDRO RAMIREZ.

· APPEAR.

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9:00

CLJ 468582 CALIFORNIA SERVICE BUREAU, INC. VS RAUL PERALTA

CALIFORNIA SERVICE BUREAU, INC. MICHAEL K. SIPES

RAUL PERALTA PRO/PER

HEARING FURTHER ORDER OF EXAMINATION FOR JUDGMENT DEBTOR RAUL PERALTA.

· APPEAR.

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9:00

CLJ 478277 NETWORK COMMERICAL SERVICE, INC. VS. SOURCE ONE PLUMBING & WATER SYSTEMS, INC., ET AL.

NETWORK COMMERICAL SERVICES, INC. STEVEN A. BOOSKA

SOURCE ONE PLUMBING & WATER SYSTEMS, INC.

HEARING: APPEARANCE OF JUDGMENT DEBTOR SOURCE ONE PLUMBING & WATER SYSTEMS, INC.

· APPEAR.

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9:00

CLJ 481722 455 HICKEY HOLDINGS, LLC VS. JOSEPH MERCADO, ET AL.

455 HICKEY HOLDINGS, LLC JOHN MARSHALL COLLINS

JOSEPH S. MERCADO

HEARING: APPEARANCE OF JUDGMENT DEBTOR JOSEPH S. MERCADO.

· APPEAR.

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9:00

CLJ 485115 BIRITE RESTAURANT SUPPLY, INC. VS. BWR NORCAL LLC

BIRITE RESTAURANT SUPPLY, INC. DAVID J. COOK

BWR NORCAL LLC

HEARING: APPEARANCE OF JUDGMENT DEBTOR JENNIFER STOCKTON, BWR NORCAL LLC, JENNIFER STOCKTON DBA BUFFALO WINGS AND RINGS.

· APPEAR.

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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

FEBRUARY 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 458258 DAVID MELCHER VS ELIZABETH KARNAZES

DAVID MELCHNER PRO/PER

ELIZABETH KARNAZES PRO/PER

MOTION TO COMPEL FURTHER RESPONSES FILED BY JOHN J. HARTFORD.

· Moving Party’s Request for Judicial Notice of the papers filed in this action is GRANTED as to the fact that such papers have been filed in this action.

· Objection No. 1 as to the entire Declaration is SUSTAINED. The Objection No. 2 is moot in light of the ruling on Objection No. 1.

· The Requests for Production of Documents is GRANTED as for Nos. 4-6, 8-40, 43-52, 54-56, 60-64 and 66-77.

· The Requests for Production of Documents is DENIED as for Nos. 1-3, 7, 41-42, 53, 57-59 and 65.

· The Special Interrogatories is GRANTED as to Nos. 1-10.

· The Special Interrogatories is DENIED as to Nos. 11-16.

· The further responses shall be served on or before Feb. 26, 2010 together with responsive documents.

· Ms. Karnazes shall pay to moving party Hartford monetary sanctions in the amount of $1,315.00.

· 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.

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9:00

CIV 467542 TOSHINORI NAWA VS REUEL M. BALUYOT

TOSHINORI NAWA DARON D. TONG

REUEL M. BALUYOT MARTIN W. JOHNSON

MOTION FOR ATTORNEYS FEES FOLLOWING APPEAL FILED BY LUSCUTOFF, LENDORMY & ASSOCIATES.

· Continued to March 30, 2010.

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9:00

CIV 478734 JAVIER MONCAYO VS HOLIDAY INN

JAVIER MONCAYO MATTHEW STEPHENSON

HOLIDAY INN

MOTION TO QUASH DEFENDANTS' SUBPOENAS FILED BY JAVIER MONCAYO.

· Case is in trial before Judge Mittlesteadt. If this issue has not already been resolved, it should be heard by her.

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9:00

CIV 482088 LING LING HONG LU VS WELLS FARGO BANK, N.A.

LING LING HONG LU MANASIAN & ROUGEAU, LLP

WELLS FARGO BANK, N.A. DONALD J. QUERIO

DEMURRER TO 2ND AMENDED COMPLAINT OF LU FILED BY WELLS FARGO BANK, N.A.

· Defendant’s Request for Judicial Notice, filed September 11, 2009, is granted as to all matters. Defendant’s Request, filed with Reply on February 2, 2010, is denied as untimely. Plaintiff’s Request for Judicial Notice of the 2^nd Amended Complaint is granted.

· The demurrers to the Complaint “as a whole” for failure to state a claim and for uncertainty are overruled.

· Demurrer to the 1^st and 2^nd causes of action for failure to state a claim is overruled. Although the Note (Exhibit A to Complaint) allegedly sets forth the right to modify payments under certain circumstances, nothing in the Complaint shows that those circumstances arose. Contrary to Wells Fargo’s demurrer, the Complaint sufficiently alleges that the increased payments were improper. See 2^nd Amended Complaint paragraph 14 (“twice” the amount due) and 21 (“in excess of” the amounts due”). For demurrer, the Complaint is construed broadly. Paragraphs 14 and 21 are sufficient, for pleading purposes, to allege that the increased amounts were not “due,” and therefore not valid.

· Demurrer to the 3^rd cause of action for failure to state a claim is sustained with leave to amend. A lender’s “liability to a borrower for negligence arises only when the lender ‘actively participates’ in the financed enterprise ‘beyond the domain of the usual money lender.’” (Wagner v. Benson (1980) 101 Cal.App.3d 27, 35.) “Conduct amounting to a breach of contract becomes tortious only when it also violates an independent duty arising from principles of tort law. . . . An omission to perform a contract obligation is never a tort, unless that omission is also an omission of a legal duty.”’” (Allied Equipment Corp. v. Litton Saudi Arabia Ltd. (1994) 7 Cal.4th 503, 515.) The duty alleged in paragraph 29 amounts to nothing more than a duty to not breach the contract. It does not allege a duty that is “independent” from the contract. Accordingly, the allegation of breach of duty states only that Defendant Wells Fargo breached the contract (demanding amounts in excess of what it was owed). Leave to amend is granted to allege a duty of care independent of the contract.

· Demurrer to the 4^th and 5^th causes of action for failure to state a claim is sustained with leave to amend. “A valid and viable tender of payment of the indebtedness owing is essential to an action to cancel a voidable sale under a deed of trust.” (Karlsen v. American Sav. & Loan Assn. (1971) 15 Cal.App.3d 112, 117.) Paragraph 25 alleges that Plaintiffs “were” willing and able to tender payment of the debt. It does not allege that Plaintiffs ever did tender or are presently tendering the full amount of the debt. Leave to amend is granted to allege an actual tender, or present offer of tender, of the full amount of debt.

· Demurrer to the 6^th cause of action is overruled.

· Demurrer to the 7^th cause of action is sustained without leave to amend.

· Demurrer to the 1^st through 7^th causes of action for uncertainty is overruled.

· Plaintiffs shall have until February 23, 2010, to file an amended complaint.

· 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.

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9:00

CLJ 463935 CREDITORS TRADE ASSOCIATION, INC. VS MARK MEYERS

CREDITORS TRADE ASSOCIATION, INC STEPHEN M. KAPPOS

MARK MEYERS PRO/PER

MOTION THAT MATTERS BE DEEMED ADMITTED FILED BY CREDITORS TRADE ASSOCIATION. INC.

· Plaintiff’s Motion to Deem Matters Admitted and For Sanctions is GRANTED. All of those matters set forth in Plaintiff’s Request for Admissions, Set One, are hereby deemed admitted. Defendant shall pay monetary sanctions to Plaintiff in the amount of $300.00 by February 23, 2010.

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9:00

CLJ 477470 STAR ELEVATOR, INC. VS MICHAEL D’AMBRA

STAR ELEVATOR, INC. THOMAS CAUDILL

MICHAEL D'AMBRA DAVID G. FINKELSTEIN

MOTION TO BE RELIEVED AS COUNSEL FILED BY MICHAEL D'AMBRA.

· OFF CALENDAR. A dismissal was filed 2/3/10.

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9:00

CLJ 483427 CREDITORS TRADE ASSOCIATION, INC. VS O.S.C. AND ASSOCIATES, INC.

CREDITORS TRADE ASSOCIATION, INC. STEPHEN M. KAPPOS

O.S.C. AND ASSOCIATES, INC.

MOTION FOR ORDER THAT MATTERS BE DEEMED ADMITTED FILED BY CREDITORS TRADE ASSOCIATION, INC.

· Plaintiff’s Motion to Deem Matters Admitted and For Sanctions is GRANTED. All of those matters set forth in Plaintiff’s Request for Admissions, Set One, are hereby deemed admitted.

· Defendants shall pay monetary sanctions to Plaintiff in the amount of $600.00 by February 23, 2010.

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9:00

CLJ 489326 CREDITORS ADJUSTMENT BUREAU, INC. VS ONE STOP TRAVEL CENTERS OF ORLANDO, INC.

CREDITORS ADJUSTMENT BUREAU, INC. KENNETH J. FREED

ONE STOP TRAVEL CENTERS OF ORLANDO, INC.

MOTION TO STRIKE DEFENDANT'S ANSWER FILED BY CREDITORS ADJUSTMENT BUREAU, INC.

· Plaintiff Creditors Adjustment Bureau’s Motion to Strike the answer filed by Defendant One Stop Travel Centers of Orlando, LLC is GRANTED with leave to amend pursuant to CCP section 436. The Defendant’s Answer was filed by Defendant acting in pro per. Defendant One Stop Travel Centers of Orlando, LLC, is a limited liability corporation. As such, a limited liability corporation cannot appear in court in propria persona. It can appear only through a licensed attorney. See Merco Construction Engineers v. Municipal Court (1978) 21 Cal.3d 724.

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9:01

CIV 479635 JANE DOE #7 VS SANDRA CARON EUROPEAN SPA, INC.

JANE DOE #7 TODD P. EMANUEL

SANDRA CARON EUROPEAN SPA, INC. SHANNON K. WHITE

MOTION TO COMPEL FILED BY SANDRA CARON EUROPEAN SPA, INC.

· Defendant’s Motion to Compel I.M.E. is GRANTED. The examination will occur on February 15, 2010 unless the parties agree to some other date.

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9:01

CIV 200795 HENRY FIKKERS VS STEVEN FALLON

HENRY FIKKERS LINDA N. LOWNEY

STEVEN FALLON

MOTION TO STRIKE PORTIONS OF PLAITIFFS UNLAWFUL DETAINER COMPLAINT FILED BY STEVEN FALLON AND SHERYL FALLON.

· Defendants Steven and Sheryl Fallon’s Motion to Strike paragraph 17h of the Complaint is GRANTED. Only damages that result from the unlawful detention and accrue during that time are proper damages in the UD action. Future damages are not recoverable in a UD proceeding. See Hudec v. Robertson (1989) 210 Cal.App.3^rd 1156, 1162 and Vasey v. California Dance Co. (1977) 70 Cal.App.3^rd 742, 748.

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