May 3, 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

 

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

9:00

1

CIV 519105       MATTHEW COUGHLIN VS. METROPOLITAN LIFE INSURANCE

                   CO.    

 

 

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

 

 

·         The Motion is DENIED.  Moving party did not adequately address the factors set out in CCP §2024.050.  Moving party does not clearly specify the necessary discovery, making a vague reference to discovery as to liability for money damages.  Without knowing what discovery is proposed, it is impossible for the court to determine whether reopening discovery is reasonable and necessary.

 

·         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.

 

 

 

 

JOINDER OF PERSEID THERAPEUTICS, LLC TO ENVIROMENTAL

ROOFING & WATERPROOFING, INC'S

 

 

·         See above.

 

 

_____________________________________________________________________


9:00

2

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.

 

 

 

_____________________________________________________________________


9:00

3

CIV 522176       APPLIED UNDERWRITERS, INC. VS. ARTISAN BUILDERS,

                   ET AL.

 

 

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.

 

 

_____________________________________________________________________


9:00

4

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.

 

 

_____________________________________________________________________


9:00

5

CIV 527169       KIMBERLY KHELIFI VS. SAN CARLOS SCHOOL DISTRICT,

                   ET AL.

 

 

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.

 

 

_____________________________________________________________________


9:00

6

CLJ 186273       SYDNEY FRANKEL VS. VICTOR ALVAREZ, ET AL.

 

 

SYDNEY FRANKEL                        TODD ROTHBARD

VICTOR ALVAREZ

 

 

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.

 

 

 

 

_____________________________________________________________________


9:00

7

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.

 

 

_____________________________________________________________________


9:00

8

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.

 

 

______________________________________________________________________


9:01

9

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.

 

 

_____________________________________________________________________


9:01

10

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.

 

 

·         Appear.

 

 

_____________________________________________________________________

 

 

 

 


POSTED:  3:00 PM

 

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