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
In
and for the
Presiding Judge - Law
and Motion Calendar
Judge: Honorable Stephen m. hall
Department 24
400 County Center, Courtroom
2C
FEBRUARY 3, 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
1
CIV 458818 CONTROL AIR NORTH, INC. VS RAMCON
COMPANY, INC.
CONTROL AIR NORTH, INC. WILLIAM C. LAST
RAMCON COMPANY, INC.
HEARING RE: ORDER OF EXAMINATION-BENCH WARRANT RECALL AS
TO MICHAEL BURKE SMITH.
·
APPEAR.
In
the Superior Court of the State of
In
and for the
Law and Motion Calendar
Judge: Honorable CLIFFORD V. CRETAN
Department 6
400 County Center, Courtroom
7B
FEBRUARY 3, 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
1
CIV 478939 VIRGILIO AQUINO VS EMC MORTGAGE CORPORATION
VIRGILIO AQUINO WILLIAM
EMC MORTGAGE CORPORATION JOHN M. SORICH
MOTION TO COMPEL ANSWERS
TO INTERROGATORIES, ETC. FILED BY BAYCAL FINANCIAL CORPORATION.
·
Defendant
BAYCAL FINANCIAL CORPORATION’s Motion to Compel Plaintiffs VIRGILIO AQUINO and
MARINEL SANTOS’ Responses to Form Interrogatories (Set One), Special
Interrogatories (Set One), and Request for Production of Documents (Set One) is
GRANTED. Plaintiffs shall serve verified
written responses, without objection, and produce all responsive non-privileged
documents no later than February 17, 2010.
·
Defendant’s
request for monetary sanctions against Plaintiffs and their counsel is GRANTED
in the amount of $400.00. Sanctions
shall be paid no later than February 17, 2010.
·
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
2
CIV 479704 AMERICAN EXPRESS COMPANY VS SHIRLEY M.
FERER
AMERICAN EXPRESS
COMPANY STEVEN A. BOOSKA
SHIRLEY M. FERER MICHAEL
MOTION TO BE RELIEVED AS
COUNSEL FILED BY SHIRLEY M. FERER.
·
The motion of attorney Michael Keck to be relieved as
counsel of record for defendant and cross-complainant Shirley Ferer is GRANTED
pursuant to CCP section 284(2) and CRC Rule 3.1362.
___________________________________________________________________
9:00
3
CIV 481688 CONSTANCE FRENCH VS PMIF
CONSTANCE FRENCH PRO/PER
PMIF MARK K. OTO
MOTION FOR AN ORDER
STRIKING AMENDED COMPLAINT FILED BY PMIF.
·
The Motion to Strike is DENIED without prejudice because Defendant
failed to serve Plaintiff at her correct address.
___________________________________________________________________
9:00
4
CIV 484070 SAN FRANCISCO FINE BAKERY, INC. VS SWEET
PRODUCTION, INC.
SAN FRANCISCO FINE BAKERY,
INC. PAUL DAVID MAROTTA
SWEET PRODUCTION, INC. CHARLES HORN
MOTION TO COMPEL FURTHER
RESPONSES TO FORM INTERROGATORIES FILED BY SAN FRANCISCO FINE BAKERY, INC.
·
Plaintiff’s motion to compel further responses to
form interrogatories is granted as to interrogatories 2.1, 2.3, 2.6, 2.7, 2.13,
4.1, 4.2, 6.1 through 6.7, 7.1 through 7.3, 8.1 through 8.8, 9.1, 9.2, 12.1
through 12.7, 13.1, 13.2, 14.1, 14.2 and 17.1.
With respect to interrogatory 2.8, the motion is construed to refer to
interrogatory 2.9 and, on that basis, granted.
Interrogatory 2.9 concerns plaintiff’s ability to speak English while
interrogatory 2.8 asks whether defendant has been convicted of a felony. Defendant shall provide further responses no
later than February 17, 2010.
·
The motion is denied as to all other interrogatories
at issue.
·
All requests for sanctions are denied.
·
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
5
CIV 484607 ROBERT BEARD VS JENNIFER HELENE FRIED
ROBERT BEARD T.
JENNIFER HELENE
FRIED SHERRY
MOTION TO COMPEL
RESPONSES TO DISCOVERY FILED BY JENNIFER HELENE FRIED, DAVID I. FRIED AND
MARGARET FRIED.
·
Defendants’ unopposed Motion to
Compel Responses to Form Interrogatories, Special Interrogatories, and Request
for Production of Documents is GRANTED.
·
Plaintiff Robert Beard has waived
all objections to the discovery served on him on September 21, 2009 and is
ordered to produce, without objection, verified responses to the form
interrogatories, special interrogatories and request for production of
documents by February 17, 2010.
·
Plaintiff Robert Beard is also ordered to pay
sanctions to Defendants in the amount of $306.00 by February 17, 2010.
____________________________________________________________________
9:00
6
CIV 489530 ANTOINETTE M. WASHINGTON VS AVA ROBINSON
ANTOINETTE M.
WASHINGTON PRO/PER
AVA ROBINSON CATHERINE A. WALSH
DEMURRER TO COMPLAINT OF
·
Defendant’s
general and special demurrer to the Complaint is overruled without prejudice on
the grounds that it appears to the court that the demurrer was not served on
Plaintiff. The court notes that
Plaintiff has listed her address as
_____________________________________________________________________
9:00
7
CLJ 486145 NEWPORT CAPITAL RECOVERY GROUP VS
REMEDIOS CASCO-ABUAN
NEWPORT CAPITAL RECOVERY
GROUP KENNETH J. MIELE
REMEDIOS B.
CASCO-ABUAN PRO/PER
MOTION FOR JUDGMENT ON
THE PLEADINGS FILED BY NEWPORT CAPITAL RECOVERY GROUP II, LLC.
·
Plaintiff’s request for judicial notice is GRANTED
pursuant to Evidence Code section 452(d).
·
Plaintiff’s unopposed Motion for Judgment on the
Pleadings is GRANTED without leave to amend pursuant to CCP section 438(c)(1)(A)
and the answer filed by defendant which fails to dispute any of the allegations
of the Complaint or raise any affirmative defenses.
·
Judgment for Plaintiff is entered in the amount of
$4,446.99 principal; interest of 10% from date of the breach, 10/20/06 in the
amount of $1,123.32; costs of $265.00; and attorney’s fees of $356.00. The total judgment is $6,191.31.
___________________________________________________________________
9:00
8
CLJ 489051 ACCELERANCE, INC. VS FEDEX CUSTOMER
INFORMATION SERVICES
ACCELERANCE, INC. MICHAEL W. PROZAN
FEDEX CUSTOMER
INFORMATION SERVICES CHRISTOPHER J. YOST
MOTION TO STRIKE PUNITIVE
DAMAGES FROM COMPLAINT FILED BY HOLLINS SCHECHTER AND RUDOLFO GABA.
DEMURRER TO COMPLAINT OF
ACCELERANCE, INC. FILED BY HOLLINS SCHECHTER AND RUDOLFO GABA.
DEMURRER TO COMPLAINT OF
ACCELERANCE, INC. FILED BY FEDEX CUSTOMER INFORMATION SERVICES, INC. AND FEDEX
CORPORATION.
·
On Dec. 24, 2009 Plaintiff dismissed
its 2nd Cause of Action as to all parties. Therefore, the demurrer
brought by Defendants Fedex Corporation and Fedex Customer Information
Services, Inc. is moot. Also, the demurrer by Defendant Hollins-Schechter and
Rodolfo Gaba, Jr. as to the 2nd Cause of Action is likewise moot.
·
Defendants’ demurrer to the First
Cause of Action is OVERRULED. Defendants shall serve and file their Answer on
or before February 24, 2010.
·
Defendants’ Motion to Strike
portions of the Complaint is DENIED.
·
The request for judicial notice requested by each
side is DENIED for failing to comply with
·
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.
