May 29, 2016
Law & Motion Department 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 irene etezadi

Department 18

 

400 County Center, Redwood City

Courtroom 2H

 

Monday, May 23, 2016

 

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 504932†††††† DALY CITY SERRAMONTE CENTER, LLC VS. RACHEL LIM

 

 

DALY CITY SERRAMONTE, LLC†††††††††††† ERNIE ZACHARY PARK

RACHEL LIM

 

 

MOTION FOR ORDER TO SHOW CAUSE RE: CONTEMPT AS TO DEFENDANT RACHEL LIM BY DALY CITY SERRAMONTE, LLC

 

This matter is continued to June 3, 2016 at 9:00 a.m. in the Law and Motion Department, so that it may be heard by Judge Donald J. Ayoob, Department 27, who issued the underlying order.

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9:00

2

CIV 532545†††††† OLD REPUBLIC GENERAL INSURANCE, ET AL. VS. NAVIGATORS

†††††††††††††††††† SPECIALTY INSURANCE

 

OLD REPUBLIC GENERAL INSURANCE††††††† EDWARD E. SIPES

NAVIGATORS SPECIALTY INSURANCE††††††† ROBERT L. SALLANDER

 

 

MOTION TO CONSOLIDATE BY OLD REPUBLIC GENERAL INSURANCE CORPORATION

 

 

Moving Party Old Republic General Insurance Corp.ís Motion to Consolidate is GRANTED under CCP ß 1048. The two cases consolidated here involve common questions of law and fact, therefore consolidation is warranted to avoid any inconsistent findings by the trier of fact.

 

 

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 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 Susan Irene Etezadi, Department 18.

 

 

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9:00

3

CIV 534685†††††† MICHAEL R. CLARK VS. RAEL & LETSON

 

 

MICHAEL R. CLARK††††††††††††††††††††† GERALD P. BURLESON

RAEL & LETSON†††††††††††††††††††††††† ANDREW P. HOLLAND

 

 

DEMURRER TO third Amended COMPLAINT of CLARK BY RAEL & LETSON

 

 

The demurring party failed to file a declaration, as required by CCP ß430.41(a)(3), showing that the parties met and conferred, in person or by telephone, for the purpose of determining whether an agreement could be reached to resolve the objections to be raised in the demurrer. The Declaration of Andrew Holland states that counsel corresponded by email. The statute explicitly specifies ďin person or by telephone.Ē

 

 

The hearing on the demurrer and motion to strike are continued to June 8, 2016 at 9:00 a.m. in the Law and Motion Department so that the parties may meet and confer in person or by telephone. The demurring party is required to file, no later than 7 days prior to the new hearing date, a code-compliant declaration stating either (1) the parties have met and conferred in person or by telephone and (a) the parties have resolved the objections raised in the demurrer, which shall be taken off calendar or (b) the parties did not reach an agreement resolving the objections raised in the demurrer or (2) the party who filed the pleading subject to demurrer failed to respond to the meet and confer request or otherwise failed to meet and confer in good faith.If the parties fail to file and serve the Declaration demonstrating compliance with the requirements of Section 430.41, the Demurrer will be stricken as procedurally improper.

 

 

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 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 Susan Irene Etezadi, Department 18.

 

 

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9:00

4

CIV 535901†††††† KEYPOINT CREDIT UNION VS. CAROLINA K. BROWN, ET AL.

 

 

KEYPOINT CREDIT UNION†††††††††††††††† THOMAS CAUDILL

CAROLINA K. BROWN

 

 

MOTION TO SET ASIDE DEFAULT AND VACATE DEFAULT JUDGMENT BY CAROLINA K. BROWN, ET AL.

 

 

Defendantsí motion to set aside the default and default judgment is GRANTED. Defendants have presented evidence showing that substitute service was not made and that they had no notice of this lawsuit prior to entry of default.

 

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 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 Susan Irene Etezadi, Department 18.

 

 

_____________________________________________________________________


9:00

5

CIV 537343†††††† CANDY ZUNIGA VS. HENRY D. HAMILTON, M.D.

 

 

CANDY ZUNIGA††††††††††††††††††††††††† HEIDI KOHN HUGO

HENRY D. HAMILTON M.D.††††††††††††††† JENNIFER STILL

 

 

DEMURRER TO COMPLAINT of ZUNIGA BY HENRY D. HAMILTON M.D.

 

 

The demurring party has not strictly complied with CCP ß430.41(a).The statute provides that before filing a demurrer, the demurring party shall meet and confer in person or by telephone with the party who filed the pleading that is subject to the demurrer for the purpose of determining whether an agreement can be reached that would resolve the objections to be raised in the demurrer. Defendantís attorney, Jennifer Still declares that she sent a letter identifying the legal authority supporting the demurrer and that plaintiffís counsel responded by letter.There is no indication the parties met and conferred in person or by telephone.††††

 

 

The hearing on the demurrer is CONTINUED until June 6, 2016 at 9:00 AM in the Law and Motion Department so that the parties may meet and confer.The demurring party is required to file, no later than three days prior to the new hearing date, a code-compliant declaration stating either (1) the parties have met and conferred and (a) the parties have resolved the objections raised in the demurrer, which shall be taken off calendar or (b) the parties did not reach an agreement resolving the objections raised in the demurrer or (2) the party who filed the pleading subject to demurrer failed to respond to the meet and confer request or otherwise failed to meet and confer in good faith.If the parties fail to file and serve the Declaration demonstrating compliance with the requirements of ß430.31, the Demurrer will be stricken as procedurally improper.

 

 

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 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 Susan Irene Etezadi, Department 18.

 

 

____________________________________________________________________


9:00

6

CLJ 212391†††††† CEDAR STREET APARTMENTS, LLC VS. KENNETH M. SKINNER

 

 

CEDAR STREET APARTMENTS, LLC††††††††† TODD ROTHBARD

KENNETH M. SKINNER††††††††††††††††††† JENNIFER P. ESTREMERA

 

 

PETITION FOR RELIEF FROM FORFEITURE BY KENNETH M. SKINNER

 

 

Defendant KENNETH SKINNERís Petition for Relief from Forfeiture pursuant to Code Civ. Proc. ß 1179 is DENIED.

 

 

The Court has considered (1) the circumstances of the case; (2) the hardship, if any, to the lessee from the forfeiture; (3) the hardship, if any, to the lessor from relieving the lessee from forfeiture; and (4) the willful or other character of the breach.Hignell v. Gebala (1949) 90 Cal.App.2d 61, 70-71.Conducting ďa full examination of all the equities involved, to the end that exact justice may be doneĒ (Superior Motels, Inc. v. Rinn Motor Hotels, Inc. (1987) 195 Cal.App.3d 1032, 1068), the Court finds that the balance of equities does not lie in favor of granting the instant petition.

 

 

Pursuant to the Judgment entered in this case on April 21, 2016, Plaintiff is to have and recover from Defendant restitution of possession of the premises located at 104 Cedar Street, Unit # 14, Redwood City, CA 94063.This Judgment was stayed only through May 19, 2016, by Court Order dated May 5, 2016.

 

 

Prevailing 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 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 Susan Irene Etezadi, Department 18.

 

 

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9:00

7

CLJ 212474†††††† BALDINI REAL ESTATE, INC. VS. MARGARET MO

 

 

BALDINI REAL ESTATE, INC.†††††††††††† KELLY S. KENNY

MARGARET MO†††††††††††††††††††††††††† DAVID A. BUTLER

 

 

DEMURRER TO COMPLAINT (UNLAWFUL DETAINER) of BALDINI REAL ESTATE, INC BY MARGARET MO

 

 

The general demurrer and special demurrer for uncertainty are OVERRULED.The complaint alleges facts sufficient to state a cause of action for unlawful detainer pursuant to CCP ß1161a(3) and defendant can reasonably determine the nature of the claim against her from the facts despite the erroneous identification of Ex. A.

 

 

Plaintiffís request for sanctions is DENIED without prejudice as plaintiff has not cited any statutory or other authority on which the request is based.

 

 

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 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 Susan Irene Etezadi, Department 18.

 

 

_____________________________________________________________________


9:00

8

CLJ 212534†††††† HENRY JACKSON VS. SANDRA JACKSON

 

 

HENRY JACKSON†††††††††††††††††††††††† ANDRES M. SANCHEZ

SANDRA JACKSON††††††††††††††††††††††† PRO/PER

 

 

MOTION TO COMPEL RESPONSES TO DISCOVERY, TO ESTABLISH ADMISSIONS FROM. DEFENDANT AND REQUEST FOR MONETARY SANCTIONS AGAINST DEFENDANTS

 

 

The motion is GRANTED. Defendant shall provide verified responses, without objection, to the form and special interrogatories and requests for production of documents within 10 days.The genuineness of any documents and the truth of any matters in the requests for admission are deemed admitted.

 

 

The request for sanctions is also granted pursuant to CCP ßß2030.290(c), 2031.300(c) and CCP ß2033.280(c).Defendant shall pay plaintiff $760 within 10 days.

 

 

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 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 Susan Irene Etezadi, Department 18.

 

 

_____________________________________________________________________

 

 

 

 

 

 


POSTED:3:00 PM

 

 

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