TO GIVE THE COURT NOTICE OF YOUR INTENT TO APPEAR, or if you have questions or problems relating to your case, please contact us via telephone.
- 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
400 County Center, Redwood City
Monday, May 4, 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
CIV 519105 MATTHEW COUGHLIN VS. METROPOLITAN LIFE INSURANCE
MATTHEW COUGHLIN NICOLE N. HANCOCK
METROPOLITAN LIFE INSURANCE CO. DENNIS F. MORIARTY
MOTION TO COMPLETE DISCOVERY ALTERNATIVELY TO REOPEN LAY AND/OR EXPERT DISCOVERY BY ENVIRONMENTAL ROOFING & WATERPROOFING, INC
JOINDER OF PERSEID THERAPEUTICS, LLC TO ENVIROMENTAL
ROOFING & WATERPROOFING, INC'S
· See above.
CIV 519791 PATRICIA GILL VS. BANK OF AMERICA, N.A.
PATRICIA GILL MARK C. WATSON
BANK OF AMERICA, N.A. ANDREA M. HICKS
MOTION TO WITHDRAW AS ATTORNEY OF RECORD PATRICIA GILL BY MARK C. WATSON
- Counsel Mark Watson’s Motion to be Relieved as Counsel for Plaintiff Patricia Gill is DENIED without prejudice. Although counsel used the required forms and provided notice to his client, he did not provide proper notice to all other parties who have appeared in the case as required by CRC § 3.1362(d).
- 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, effective immediately, and no formal order pursuant to Rule 3.1312 or any other notice is required as the tentative ruling affords sufficient notice to the parties.
CIV 522176 APPLIED UNDERWRITERS, INC. VS. ARTISAN BUILDERS,
APPLIED UNDERWRITERS, INC. MICHAEL K. PERKINS
ARTISAN BUILDERS BETTY J. LEVINE
MOTION FOR JUDGMENT ON THE PLEADINGS BY APPLIED UNDERWRITERS, INC, CALIFORNIA INSURANCE COMPANY
- The Motion for Judgment on the Pleadings brought by Plaintiff CALIFORNIA INSURANCE COMPANY is GRANTED WITHOUT LEAVE TO AMEND.
· The Eighth Affirmative Defense is not alleged with the level of specificity required for fraud. [ Zander v. Casualty Ins. Co. (1968) 259 Cal.App.2d 793, 806]. Importantly, to the extent the defense is based on alleged violations of the California Insurance Holding Company System Regulatory Act (Insurance Code §§ 1215 – 1215.18) and the California Business Transacted with Producer Controlled Insurer Act (Insurance Code §§ 1216 – 1216.6), neither Act authorizes a private right of action.
- There is no private right of action under the Insurance Code where the Legislature expressed no intent to grant a private right of action. [Moradi-Shalal v. Fireman’s Fund Ins. Co. (1988) 46 Cal.3d 287, 305; Farmers Ins. Exch. v. Superior Court (2006) 137 Cal.App.4th 842, 853-54]. Accordingly, Defendants ARTISAN BUILDERS and RICHARD POWELL lack standing to maintain any claim or defense for alleged violations of these Acts.
- 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.
CIV 524209 LYNN LEFEVRE, ET AL. VS NEWMAR CORP., ET AL.
LYNN LEFEVRE GEOFFREY BECKER
NEWMAR, CORP. MARY KAY GLASPY
MOTION TO COMPEL ANSWERS TO INTERROGATORIES AND REQUEST FOR SANCTIONS BY LYNN LEFEVRE, LOUISE LEFEVRE
· Continued to June 29, 2015 at 9:00a.m. by stipulation of the parties.
CIV 527169 KIMBERLY KHELIFI VS. SAN CARLOS SCHOOL DISTRICT,
KIMBERLY KHELIFI DONALD G. LIDDY
SAN CARLOS SCHOOL DISTRICT RICHARD M. WILLIAMS
MOTION FOR SUMMARY JUDGMENT/SUMMARY ADJUDICATION OF ISSUES BY D1
PERFORMANCE SCIENCE, LLC. AGAINST KIMBERLY KHELIFI.
· Off calendar at the request of the parties.
CLJ 186273 SYDNEY FRANKEL VS. VICTOR ALVAREZ, ET AL.
SYDNEY FRANKEL TODD ROTHBARD
MOTION FOR WITHHOLDING ORDER ON SPOUSE'S WAGES TO PAY CO-SPOUSE'S DEBT BY JOSE MEZZETTI
· The Motion for A Withholding Order on Wages by Judgment creditor Jose Mezzetti dba Mezzetti Financial Services is DENIED WITHOUT PREJUDICE. The judgment creditor has not provided sufficient information to establish that the judgment debtor, Angelina Alvarez a.k.a. Angelina Carrion-Epps is married to Richard Epps. In addition, moving party has not provided sufficient information to establish the current address for the judgment debtor.
· 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, effective immediately, and no formal order pursuant to Rule 3.1312 or any other notice is required as the tentative ruling affords sufficient notice to the parties.
CLJ 210674 LE MAR TRAILER PARK VS. ELMER MANCIA, ET AL.
LE MAR TRILE PARK JUDY C. TSAI
ELMER MANCIA SHIRLEY E. GIBSON
MOTION AWARD FOR ATTORNEYS' FEES BY ELMER MANCIA
- Defendant's motion for attorney fees pursuant to CCP §799.78 is GRANTED. The court has determined that the reasonable value of defense counsel's services is $400 per hour and that the reasonable number of hours expended to 6.5. Thus, defendant is awarded attorney's fees in the amount of $2600.00.
- Moving attorney 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.
CLJ 523781 PERSOLVE, LLC. VS. R. E. TELLO
PERSOLVE, LLC. EDIT ALEXANDRYAN
R. E. TELLO PRO/PER
MOTION FOR JUDGMENT ON THE PLEADINGS BY PERSOLVE
· The unopposed Motion for Judgment on the Pleadings by Plaintiff Persolve, LLC is GRANTED. Under CCP § 438(c)(1)(A), a motion for judgment on the pleadings can be made where the Complaint states sufficient facts to constitute a cause of action against the defendant and the Answer does not state facts sufficient to constitute a defense to the complaint. Here, the Defendant’s answer does not contain a denial of any of the allegations of Plaintiff’s unverified complaint. Nor has defendant offered any affirmative defenses or exceptions. Judgment for plaintiff in the amount of $4,053.61 plus pre-judgment interest in the amount of $1,694.77; costs in the amount of $320.00 and attorney’s fees of $800.00 pursuant to civil code §1717.5 for a total judgment of $6,868.38.
· 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.
CLJ 211038 GREG TAYLOR VS. ZHI YING QIAN, ET AL.
GREG TAYLOR JOSEPH A. LEPERA
ZHI YING QIAN ALEX LEMIEUX
MOTION TO QUASH SERVICE OF SUMMONS ON COMPLAINT
(UNLAWFUL DETAINER) of TAYLOR FILED BY ZHI YING QIAN
· Moot. Request for Dismissal filed May 1, 2015.
CLJ 211049 RUO DAN FENG VS. MICHELE O'ROURKE, ET AL.
RUO DAN FENG VERNE A. PERRY
MICHELE O'ROURKE JULIET BRODIE
HEARING ON MOTION TO QUASH SERVICE OF SUMMONS ON COMPLAINT
(UNLAWFUL DETAINER) OF FENG FILED BY MICHELE O'ROURKE, ET AL.
POSTED: 3:00 PM