August 4, 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 JOSEPH C. SCOTT

Department 25

 

400 County Center, Redwood City

Courtroom 2G

 

Friday, July 31, 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.

 

N.B. 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 522693       J.B.B. INVESTMENT PARTNERS LTD., ET AL. VS. R. THOMAS

                    FAIR, ET AL.

 

 

J.B.B INVESTMENT PARTNERS LTD.           ROBERT E. CAREY

R. THOMAS FAIR                           PATRICK BALDWIN

 

 

RENEWED MOTION FOR BOND UNDER CALIFORNIA CODE OF CIVIL PROCEDURE SECTION 917.9 BY J.B.B INVESTMENT PARTNERS LTD., ET AL.

 

·         The Renewed Motion for Bond by Plaintiffs J.B.B. Investment Partners, Ltd. And Silvester Rabic is GRANTED pursuant to CCP §917.9(a)(1). Bond is ordered in the amount of $246,014.76.

 

·         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 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 Joseph C. Scott, Department 25.

 

 

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9:00

2

CIV 534384       INS. CO. OF THE STATE OF PENNSYLVANIA, ET AL. VS. THE

                   CITY OF HALF MOON BAY

 

 

INS. CO. OF THE STATE OF PENNSYLVANIA   KEVIN G. McCURDY

THE CITY OF HALF MOON BAY

 

 

PETITION TO CONFIRM CONTRACTUAL ARBITRATION AWARD

 

 

  • The unopposed Petition to Confirm Contractual Arbitration Award brought by Insurance Company of Pennsylvania and Lexington Insurance Company against the City of Half Moon Bay is GRANTED.

 

 

·         Petitioning 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 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 Joseph C. Scott, Department 25.

 

 

______________________________________________________________________


9:00

3

CLJ 204186       HSBC BANK USA, ET AL. VS. ROSARIO CARRERA, ET AL

 

 

HSBC BANK USA                         SCOTT M. HARRIS

ROSARIO CARRERA                       TIMOTHY L. MCCANDLESS

 

 

MOTION FOR SUMMARY JUDGMENT AS TO COMPLAINT (UNLAWFUL DETAINER) BY HSBC BANK USA, ET AL.

 

 

 

  • Plaintiff’s Request for Judicial Notice is GRANTED pursuant to Evidence Code 452(d), (h).

 

 

  • Conditioned upon the filing of a valid proof of service, Plaintiff's unopposed Motion for Summary Judgment is GRANTED.  Plaintiff has established the required elements of unlawful detainer under Code of Civil Procedure §1161a: Plaintiff’s ownership and right to possession through the trustee’s private sale and recordation of the trustee’s deed upon sale; termination of the defendants’ right to possession pursuant to a 3-day notice to quit [CCP § 1161a] and the defendant’s continuing possession pursuant to the declaration of Kelsey Camello.  The burden then shifts to Defendants under CCP §437c(p)(1) to establish a triable issue of material fact.  No opposition has been filed.

 

 

  • Plaintiff is awarded judgment for possession only.

 

 

·         Moving party is directed to prepare a written order and judgement consistent with the Court’s ruling for the Court’s signature, pursuant to California Rules of Court, Rule 3.1312, and 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 Joseph C. Scott, Department 25.

 

 

_____________________________________________________________________


9:00

4

CLJ 211357       MARIA SOSA VS. NATHANIEL BASOLA SOBAYO

 

 

MARIA SOSA                            STEVE LEYDIKER

NATHANIEL BASOLA SOBAYO

 

 

MOTION TO QUASH SERVICE OF SUMMONS OF COMPLAINT(UNLAWFUL DETAINER)BY NATHANIEL BASOLA SOBAYO

 

 

  • The Motion to Quash by Defendant Sobayo is GRANTED.  The proof of service for the 3 day notices, attached as Exhibit 3 to the complaint, does not show the address to which the notices were sent.  Plaintiff has not shown that she complied with the notice procedure set forth in the lease.

 

 

  • 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 Joseph C. Scott, Department 25.

 

 

_____________________________________________________________________


9:00

5

CLJ 496735       CITIBANK (SOUTH DAKOTA) N.A. VS. RACHEL D. PULUMBARIT

 

 

CITIBANK (SOUTH DAKOTA) N.A           JANALIE HENRIQUES

RACHEL D PULUMBARIT                   JOSEPH C. ROSENBLIT

 

 

NOTICE OF WITHDRAWAL MOTION TO RECALL AND/OR QUASH THE WRIT OF EXECUTION AND TO RELEASE LEVIED FUNDS AND OTHER LIENS BY RACHEL D. PULUMBARIT

 

 

·         Off calendar at the request of the moving party.

 

 

_____________________________________________________________________


9:00

6

CLJ 526916       WESTERN WORLD INSURANCE COMPANY VS. ELIZABETH NAKATA

 

 

WESTERN WORLD INSURANCE COMPANY       JOHN D. GUERRINI

ELIZABETH NAKATA                      DENISE EATON-MAY

 

 

MOTION TO BE RELIEVED AS COUNSEL BY ELIZABETH NAKATA

 

 

·         The Motion to be Relieved as Counsel by attorney Elizabeth Nakata is GRANTED.

 

 

·         Moving attorney is directed to prepare a written order on the appropriate judicial council form consistent with the Court’s ruling for the Court’s signature, pursuant to California Rules of Court, Rule 3.1312, and 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 Joseph C. Scott, Department 25.

 

 

_____________________________________________________________________


9:00

7

CLJ 528331       OLD REPUBLIC TITLE COMPANY VS. IDGA GALATI, ET AL.

 

 

OLD REPUBLIC TITLE COMPANY               M. HENRY WALKER

IDA GALATI

 

 

MOTION FOR DISCHARGE OF PLAINTIFF IN INTERPLEADER AND FOR AWARD OF STATUTORY ATTORNEYS’ FEES AND COSTS BY OLD REPUBLIC TITLE COMPANY

 

 

·         The unopposed motion by Plaintiff Old Republic Title Company is GRANTED. Plaintiff is ordered discharged and dismissed. In addition, Plaintiff shall recover from the interpleaded funds $4,410.00 in attorney’s fees plus $840.61 in costs.

 

 

·         If the tentative ruling is uncontested, it shall become the order of the Court. Thereafter, counsel for Plaintiff 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. 

 

 

_____________________________________________________________________


 

 

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 ROBERT D. FOILES

Department 21

 

400 County Center, Redwood City

Courtroom 2J

 

Friday, August 31, 2015

 

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

 you must call (650) 261-5121 before 4:00 p.m. and you must give notice also before 4:00 p.m. to all parties of your intent to appear pursuant to California Rules of Court 3.1308(a)(1).

 

Case                   Title / Nature of Case

9:00

1

CIV 520898       SHOREBIRD HOMEOWNERS ASSOCIATION VS. I.W. BISON

                   COMPANY, INC.

 

 

SHOREBIRD HOMEOWNERS ASSOCIATION      SCOTT J. THOMSON

I.W. BISON CMPANY, INC                TREVOR A. CAUDLE

 

 

MOTION FOR APPROVAL OF COMPLEX LITIGATION DESIGNATION BY SHOREBIRD HOMEOWNERS ASSOCIATION

 

 

·         The matter is designated complex and assigned to Department 2, the Honorable Marie Weiner, for all purposes. Counsel are directed to contact Judge Weiner’s clerk at 650-261-5102 to arrange initial case management conference.

 

 

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POSTED:  3:00 PM

 

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