July 5, 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 susan i. etezadi

Department 18

 

400 County Center, Redwood City

Courtroom 8A

 

Monday, July 6, 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.

 

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 520026       EXPRESS HEATING & AIR CONDITIONING VS. MCT

                   DEVELOPMENT & CONSTRUCTION

 

 

EXPRESS HEATING & AIR CONDITIONING    JULIE D. MCELROY

MCT DEVELOPMENT & CONSTRUCTION        TIMOTHY B. MCCORMICK

 

 

MOTION TO CORRECT COURT RECORDS TO REMOVE CLERICAL ERRORS AND CONFORM TO EXISTING ORDERS BY MICHAEL M. O'CALLAGHAN, ET AL.

 

 

  • By order of the Presiding Judge, this matter is to be heard by the Honorable Steven Dylina. The parties are to contact his department at 650-261-5107 to obtain a hearing date.

 

_____________________________________________________________________


9:00

2

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

 

 

MOTION FOR SANCTIONS FILED BY J.B.B INVESTMENT PARTNERS LTD., ET AL.

 

 

  • The matter is off calendar, pursuant to Order Granting Motion for Stay, signed June 16, 2015.

 

 

MOTION FOR SUMMARY JUDGMENT AS TO FIRST Amended COMPLAINT BY J.B.B INVESTMENT PARTNERS LTD., ET AL. 

 

 

  • The matter is off calendar, pursuant to Order Granting Motion for Stay, signed June 16, 2015.

 

 

NOTICE OF APPLICATION AND HEARING FOR RIGHT TO ATTACH ORDER, ORDER FOR

ISSUANCE OF WRIT OF ATTACHMENT AND TEMPORARY PROTECTIVE ORDER BY J.B.B. INVESTMENT PARTNERS LTD., ET AL.

  • The matter is off calendar, pursuant to Order Granting Motion for Stay, signed June 16, 2015.

 

 

_____________________________________________________________________


9:00

3

CIV 527140       MICHAEL CHOI VS. KRISTINE BOYD

 

 

MICHAEL CHOI                          SUSAN KANG GORDON

KRISTINE BOYD                         MICHAEL F. BROWN

 

 

DEMURRER TO FIRST Amended COMPLAINT BY KRISTINE BOYD

 

 

 

  • Defendant KRISTINE BOYD’s Demurrer to First Amended Complaint is OVERRULED in its entirety. 

 

 

  • Plaintiff’s First Cause of Action for Negligent Entrustment and Second Cause of Action for Negligence are adequately pled.  The negligence cause of action is not barred by the statute of limitations, as it relates back to the original Complaint.  "An amended complaint relates back to the original complaint when it (1) is based on the same general set of facts as the original, (2) seeks relief for the same injuries, and (3) refers to the same incident."  Foxborough v. Van Atta (1994) 26 Cal.App.4th 217, 230. 

 

 

  • Prevailing 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 Irene I. Etezadi, Department 18.

 

 

_____________________________________________________________________


9:00

4

CIV 528858       DAVID BARELA VS. SHYHFANN TYAN

 

 

DAVID BARELA                          PRO/PER

SHYHFANN TYAN                         JAMES P. MOLINELLI

 

 

MOTION TO COMPEL ANSWERS TO SUPPLEMENTAL AND SPECIAL INTERROGATORIES; AND SUPPLEMENTAL REQUEST FOR PRODUCTION OF DOCUMENTS BY SHYHFANN TYAN

 

 

  • Defendant Tyan’s Unopposed Motion to Compel Answers to Supplemental Interrogatories, Motion to Compel Answers to Special Interrogatories, Motion to Compel Response to Supplemental Requests for Production of Documents, and Motion for Sanctions in the Amount of $540.00 are all GRANTED.

 

 

  • 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 Susan I. Etezadi, Department 18.

 

 

_____________________________________________________________________


9:00

5

CIV 530740       BETTY BLOXHAM VS. AIRCRAFT TECHNICAL PUBLISHERS

 

 

BETTY BLOXHAM                         J PETER SHEARER

AIRCRAFT TECHNICAL PUBLISHERS         GORDON & REES LLP

 

 

NOTICE OF MOTION AND MOTION TO COMPEL DEFENDANT TO: 1) PROVIDE COMPLIANT RESPONSES TO PLAINTIFF' S SPECIAL INTERROGATORIES (SET ONE), 2)COMPLY WITH THE COURT'S STANDING " MEET AND CONFER" ORDER, AND 3) BE APPROPRIATELY SANCTIONED; FOR APPOINTMENT OF A DISCOVERY REFEREE; AND FOR ALL OTHER APPROPRIATE RELIEFBY BETTY BLOXHAM

 

 

·         See Below.

 

 

NOTICE OF MOTION AND MOTION TO COMPEL DEFENDANT TO: 1) PROVIDE COMPLIANT RESPONSES TO PLAINTIFF' S FORM INTERROGATORIES—EMPLOYMENT

LAW (SET 1), 2) COMPLY WITH THE COURT' S STANDING "MEET AND CONFER" ORDER, AND 3) BE APPROPRIATELY SANCTIONED; FOR APPOINTMENT OF A DISCOVERY REFEREE; AND FOR ALL OTHER RELIEF BY BETTY BLOXHAM

 

 

·         See below.

 

 

MOTION TO COMPEL DEFENDANT TO: 1) PROVIDE COMPLIANT RESPONSES TO PLAINTIFF'S REQUESTS FOR ADMISSION (SET ONE) 2) COMPLY WITH THE COURT’S STANDING “MEET AND CONFER” ORDER, AND 3) BE APPROPRIATELY SANCTIONED 4) FOR APPOINTMENT OF A DISCOVERY REFEREE; AND FOR ALL OTHER RELIEF BY BETTY BLOXHAM BY BETTY BLOXHAM

 

 

·         See Below.

 

 

NOTICE OF MOTION AND MOTION TO COMPEL DEFENDANT TO: 1) PROVIDE

COMPLIANT RESPONSES TO PLAINTIFF' S FORM INTERROGATORIES—EMPLOYMENT

LAW (SET 1), 2) COMPLY WITH THE COURT' S STANDING " MEET AND

CONFER" ORDER, AND 3) BE APPROPRIATELY SANCTIONED; FOR APPOINTMENT OF A DISCOVERY REFEREE; AND FOR ALL OTHER APPROPRIATE RELIEF BY BETTY BLOXHAM

 

 

·         See below.

 

 

NOTICE OF MOTION AND MOTION TO COMPEL DEFENDANT TO: 1) PROVIDE

COMPLIANT RESPONSES TO PLAINTIFF' S FORM INTERROGATORIES—GENERAL (SET

ONE), 2) COMPLY WITH THE COURT'S STANDING " MEET AND CONFER"

ORDER, AND 3) BE APPROPRIATELY SANCTIONED; FOR APPOINTMENT OF

A DISCOVERY REFEREE; AND FOR ALL OTHER APPROPRIATE RELIEF BY BETTY BLOXHAM

 

 

  • The Five Motions to Compel by Plaintiff Betty Bloxham are continued by the Court to July 20, 2015, at 9:00 a.m. in the Law and Motion Department.

 

 

_____________________________________________________________________


9:00

6

CIV 531338     DEEPAK TEJPAL, ET AL. VS. THE HERTZ CORPORATION, ET AL.

 

 

DEEPAK TEJPAL                         ROBERT W. THOMPSON

THE HERTZ CORPORATION                 JOHN W. RANUCCI

 

 

DEMURRER TO CROSS-COMPLAINT BY DEEPAK TEJPAL, ET AL.

 

 

·         Pursuant to stipulation of the parties, good cause appearing and by order of Judge Joseph C. Scott on June 22, 2015, this matter is continued to July 17, 2015 at 9:00 AM in the Law and Motion Department.

 

 

_____________________________________________________________________


9:00

7

CLJ 211304       JUIE KAO VS. MARY PRITCHETT

 

 

JUIE KAO                              DONALD A. KIRBY

MARY PRITCHETT                        SHIRLEY E. GIBSON

 

 

MOTION TO QUASH SERVICE OF SUMMONS ON COMPLAINT (UNLAWFUL DETAINER) BY MARY PRITCHETT

 

 

 

  • Defendant Mary Pritchett’s unopposed Motion to Quash is GRANTED.

 

 

·         The 60-Day Notice is insufficient and an insufficient notice will not support a complaint for unlawful detainer. The notice here is deficient. It is filed in conformance with Civil Code §1946 but fails to include all of the required language under that code section.

 

 

·         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 Susan I. Etezadi, Department 18.

 

 

____________________________________________________________________________________


9:01

8

CLJ 211292       COMMUNITY HOUSING DEVELOPERS VS. SANDRA GARDNER

 

 

COMMUNITY HOUSING DEVELOPERS          TODD ROTHBARD

SANDRA GARDNER                        JULIET BRODIE                                       

                                          

HEARING ON MOTION TO QUASH SERVICE OF SUMMONS ON COMPLAINT (UNLAWFUL DETAINER) FILED BY SANDRA GARDNER

 

 

·         Plaintiff, Community Housing Developers, Inc., filed a motion to dismiss, without prejudice, the entire action of all parties and all causes of action in this matter on July 1, 2015.  _________________________________________________________________

·

 

 

 

 


POSTED:  3:00 PM

 

 

 

 

 

 

 

 

 

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