March 2, 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, February 27, 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 520157†††††† DONALD CHARLES VASSALLO VS. D & M TOWING, INC., ET

†††††††††††††††††† AL.

 

 

DONALD CHARLES VASSALLO†††††††††††††† DREW F. TETI

D & M TOWING, INC.††††††††††††††††††† JAMES H. HARTNETT

 

 

DEMURRER TO 2nd Amended COMPLAINT BY D & M TOWING, INC., M&R MANAGEMENT CONSULTING, INC., MARC ROCHETTE AND NICOLE ROCHETTE

 

         Defendantsí Demurrer as to the Eighth Cause of Action (Fraud) is OVERRULED. Defendants shall file and serve their answer no later than March 17, 2015.

 

         Moving party is directed to prepare a written order consistent with the Courtís ruling for the Courtís 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

2

CIV 522907†††††† AMBERLYNN SAHM VS. SAN MATEO-FOSTER CITY SCHOOL

†††††††††††††††††† DISTRICT, ET AL.

 

 

AMBERLYNN SAHM††††††††††††††††††††††† FRANK E. MAYO

SAN MATEO-FOSTER CITY SCHOOL DISTRICT MARK E. DAVIS

 

 

MOTION FOR LEAVE TO FILE A THIRD AMENDED COMPLAINT

 

 

         The Motion is DENIED. Claims against a public entity must be based on statute. (GovítCode ß 815.)Liability cannot be based on common law. Plaintiff argues that she wishes to add only common-law claims. Therefore, the proposed amendment, as a matter of law, fails to state a valid claim.

 

         If the tentative ruling is uncontested, it shall become the order of the Court. Thereafter, counsel for Defendants shall prepare a written order consistent with the Courtís ruling for the Courtís 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.

 

_____________________________________________________________________


9:00

3

CIV 523065†††††† RAEL & LETSON VS. MICHAEL CLARK, ET AL.

 

 

RAEL & LETSON†††††††††††††††††††††††† MICHAEL S. DORSI

MICHAEL CLARK†††††††††††††††††††††††† PAUL J. BARULICH

 

 

MOTION TO SEAL RECORDS BY RAEL & LETSON

 

 

         The unopposed Application to File Under Seal Confidential Materials brought by Plaintiff Rael & Letson is GRANTED. The Plaintiff has demonstrated facts that establish that there is an overriding interest which supports sealing the records and overcomes the weighty right of public access to the records, but also that there is a substantial probability that the overriding interest will be prejudiced if the record is not sealed, that the proposed sealing is narrowly tailored and that there are no less restrictive means to achieve the overriding interest. [CRC, Rule 2.550(d)].

 

         Moving party is directed to prepare a written order consistent with the Courtís ruling for the Courtís 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

CIV 525758†††††† N.A. SALES COMPANY, INC. VS. HAE-SUK LEE, ET AL.

 

 

N.A. SALES COMPANY, INC.††††††††††††† BRIAN H. SONG

HAE-SUK LEE

 

 

MOTION TO COMPEL ANSWERS TO QUESTIONS AND PRODUCTION OF DOCUMENTS AGAINST HYEONG GEON LEE BY N.A. SALES COMPANY INC.

 

 

         GRANTED.Defendant Hyeong Geon Lee shall provide verified answers to the Subject Interrogatories and produce requested documents, without objection, no later than March 17, 2015.

 

         Moving party is directed to prepare a written order consistent with the Courtís ruling for the Courtís 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.

 

 

MOTION FOR ORDER COMPELLING FURTHER RESPONSES TO REQUEST FOR PRODUCTION OF DOCUMENTS AND FOR SANCTIONS AGAINST HYEONG GEON LEE BY N.A. SALES COMPANY INC.

 

 

         GRANTED.Defendant Hyeong Geon Lee shall provide a verified response and produce the subject documents no later than March 17, 2015.

 

         Request for sanctions is DENIED.

 

         Moving party is directed to prepare a written order consistent with the Courtís ruling for the Courtís 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.

 

 

MOTION FOR ORDER COMPELLING FURTHER RESPONSES TO SPECIAL INTERROGATORIES AND FOR SANCTIONS AGAINST HYEONG GEON LEE BY N.A. SALES COMPANY INC.

 

 

         GRANTED.Defendant shall provide further verified answers without objection, to the subject interrogatories no later than March 17, 2015.

 

         Request for sanctions is DENIED.

 

         Moving party is directed to prepare a written order consistent with the Courtís ruling for the Courtís 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.

 

 

MOTION FOR ORDER COMPELLING FURTHER ANSWERS TO REQUEST FOR ADMISSION NO. 29 AND FOR SANCTIONS AGAINST HYEONG GEON LEE BY N.A. SALES COMPANY INC.

 

 

         GRANTED. Defendant shall provide a further verified response, without objection, to the subject Request for admission no later than March 17, 2015.

 

         Request for sanctions is DENIED.

 

         Moving party is directed to prepare a written order consistent with the Courtís ruling for the Courtís 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.

 

 

MOTION FOR ORDER COMPELLING ATTEND AND TESTIFY AT DEPOSITION AND MOTION FOR SANCTIONS AGAINST BISHOP RANCH GATEWAY, INC. BY N.A. SALES COMPANY INC.

 

 

         The Motion to Compel Deposition by Plaintiff N.A. SALES COMPANY, INC. of Defendant BISHOP RANCH GATEWAY, Inc is GRANTED. Defendant is ordered to attend and testify at deposition and produce the documents requested no later than March 13, 2015.Plaintiffís request for Monetary Sanctions is GRANTED in the amount of $90.00 to be paid by Defendant Bishop Ranch Gateway, Inc. no later than March 13, 2015.

 

         Moving party is directed to prepare a written order consistent with the Courtís ruling for the Courtís 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.

 

 

MOTION FOR TERMINATING OR ISSUE SANCTION AGAINST HYEONG GEON LEE BY N.A. SALES COMPANY INC.

 

 

         Continued on the Courtís Motion to April 2, 2015 at 9:00.

 

_____________________________________________________________________


9:00

5

CIV 528826†††††† ADVANCE RESTAURANT FINANCE, LLC. VS. PLATE CAF…,

†††††††††††††††††† INC., ET AL.

 

 

ADVANCE RESTAURANT FINANCE, LLC†††††† ANGELA ALEXANDRA VELEN

PALATE CAFE, INC.†††††††††††††††††††† PRO/PER

 

 

MOTION FOR JUDGMENT ON THE PLEADINGS BY ADVANCE RESTAURANT FINANCE, LLC

 

  • Request for judicial notice by Plaintiff is GRANTED.Plaintiff's Motion for Judgment on the Pleadings is DENIED.Plaintiff has not shown that ďthe answer does not state facts sufficient to constitute a defense to the complaint." [CCP ß438(c)(1)(A)].

 

  • Moving attorney is directed to prepare a written order consistent with the Courtís ruling for the Courtís 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

6

CIV 531403†††††† EVANSTON INSURANCE COMPANY VS. NATIONAL UNION FIRE

†††††††††††††††††† INSURANCE COMPANY OF PITTSBURGH, PA

 

 

EVANSTON INSURANCE COMPANY††††††††††† IRENE K. YESOWITCH

NATIONAL UNION FIRE INSURANCE†††††††† KEVIN G. MCCURDY

 

 

MOTION TO COMPEL DEPOSITION TESTIMONY AND PRODUCTION OF DOCUMENTS FROM NATIONAL BY EVANSTON INSURANCE COMPANY

 

 

         Moot. See below.

 

 

MOTION FOR PROTECTIVE ORDER BY NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA

 

 

         Defendantís Motion for Protective Order is GRANTED pursuant to CCP ßß 1987.1, 2017.020, 2025.420, and 2031.060 in modified form as follows: The Deposition Notice of Defendantís Person Most Qualified is limited to discovery of facts (e.g., dates, information and documents relied upon), and excluding any opinion or legal conclusion testimony by Defendant.Testimony on topic nos. 3, 4, 8, 9, 10, 11, 12 and 13 is allowed with the limitations above.No testimony on topic nos. 5, 6 and 14 is required, thus Defendant is not required to produce a person to testify to these topics, as they are not relevant (nos. 5 and 6) and are overly burdensome (no. 14).

 

         Moving party is directed to prepare a written order consistent with the Courtís ruling for the Courtís 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 210336†††††† MOAB, INVESTMENT GROUP VS. MASAZUMI INOUE, ET AL.

 

 

MOAB INVESTMENT GROUP LLC†††††††††††† JOANNA KOZUBAL

MASAZUMI INOUE††††††††††††††††††††††† PATRICIA RODRIGUEZ

 

 

MOTION FOR SUMMARY JUDGMENT AS TO COMPLAINT (UNLAWFUL DETAINER) of MOAB INVESTMENT GROUP LLC FILED BY MOAB INVESTMENT GROUP LLC

 

 

         Plaintiffís unopposed Motion for Summary Judgment is GRANTED.Plaintiff has met its burden to show that there is no defense to the action as it has proved each element of its cause of action for unlawful detainer.[CCP ß437c(p)(1)].(See Undisputed Material Facts 1 through 9) Judgment for Plaintiff for possession only.

 

         Moving party is directed to prepare a written order consistent with the Courtís ruling for the Courtís 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

8

CLJ 210730†††††† EMMA HILL-CLEE, ET AL. VS. OMAR ZECENA, ET AL.

 

 

EMMA HILL-CLEE††††††††††††††††††††††† AARON TIMM

OMAR ZECENA

 

 

MOTION TO QUASH SERVICE OF SUMMONS BY OMAR ZECENA

 

 

  • The Motion to Quash brought by Defendant Omar Zecena is GRANTED. Defendant was not personally served and did not receive proper subservice as no summons and complaint were mailed to him.

 

  • Moving party is directed to prepare a written order consistent with the Courtís ruling for the Courtís 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

9

CLJ 210746†† ††††JAMES A. MITCHELL, SR. VS. ERNEST J. FULLER

 

 

JAMES A. MITCHELL, SR.††††††††††††††† PRO/PER

ERNEST J. FULLER

 

 

MOTION TO QUASH SERVICE OF SUMMONS BY ERNEST J. FULLER

 

 

         The unopposed Motion to Quash by Defendant Ernest Fuller is GRANTED.The Courtís ruling is based upon Plaintiffís failure to provide a 60 day Notice to Terminate pursuant to Civil Code ß1946.1(b) and Plaintiffís failure to provide the good cause for eviction as required under the East Palo Alto Rent Stabilization and Just Cause for Eviction Ordinance.[ Ordinance ß16(A)].

 

         Moving party is directed to prepare a written order consistent with the Courtís ruling for the Courtís 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

10

CLJ 527640†††††† CITIBANK, N.A. VS. PAM WATTS

 

 

CITIBANK NA†††††††††††††††††††††††††† JANALIE HENRIQUES

PAM WATTS†††††††††††††††††††††††††††† PRO/PER

 

 

MOTION FOR ORDER THAT MATTERS IN REQUEST FOR ADMISSION OF TRUTH OF FACTS BE ADMITTED AND FOR MONETARY SANCTIONS AGAINST DEFENDANT PAM WATTS BY CITIBANK, N.A.

 

 

         Appear.

 

 

_____________________________________________________________________


9:00

11

CLJ 527906†††††† PORTFOLIO RECOVERY ASSOCIATES, LLC VS. FELICISIMO L.

†††††††††††††††††† BORJE

 

PORTFOLIO RECOVERY ASSOCIATES†††††††† JANALIE HENRIQUES

FELICISIMO L. BORJE†††††††††††††††††† PRO/PER

 

 

MOTION FOR ORDER THAT MATTERS IN REQUEST FOR ADMISSION OF TRUTH OF FACTS BE ADMITTED AND FOR MONETARY SANCTIONS AGAINST DEFENDANT FELICISIMO L. BORJE BY PORTFOLIO RECOVERY ASSOCIATES, LLC

 

 

  • The unopposed Motion is GRANTED.The genuineness of any document and the truth of any matters in the requests for admission are deemed admitted.

 

  • The request for Sanctions is also GRANTED pursuant to CCP ß2033.280(c).Defendant shall pay plaintiff $332.50 within 10 days o.

 

  • Moving party is directed to prepare a written order consistent with the Courtís ruling for the Courtís 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.

 

_____________________________________________________________________

 

 

 

 


POSTED:3:00 PM

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