May 24, 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

 

Thursday, May 21, 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 521687       TINA MARIE HOLEMAN VS. ENA MARIA LAL

 

 

TINA MARIE HOLEMAN                    DAVID W. WESSEL

ENA MARIA LAL                         BRIAN J. MCSHANE

 

 

MOTION FOR ORDER AWARDING MONETARY SANCTIONS AGAINST DEFENDANT UPS AND IT’S LAWYERS UNDER CODE OF CIVIL PROCEDURE  §§ 128.5 and 128.7 FOR THE FILING OF A FRIVOLOUS MOTION FOR SUMMARY JUDGMENT BY TINA MARIE HOLEMAN

 

 

·         The Plaintiff’s Motion for Order Awarding Sanctions against Defendant UPS, Inc., Lawyer Christopher F. Johnson, and the Law Offices of Maranga-Morgenstern Under CCP §§ 128.5 and 128.7 is DENIED.

 

·         Defendant UPS has not violated CCP §§ 128.5 or 128.7 by filing its motion for summary judgment. The motion for summary judgment was not presented primarily for an improper purpose, the legal contentions were warranted by existing law, and there was evidentiary support for the factual contentions.

 

·         The requests for sanctions by UPS Inc. and its lawyers, are DENIED.

 

·         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

2

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

 

 

RAEL & LETSON                         MICHAEL S. DORSI

MICHAEL CLARK                         PAUL J. BARULICH

 

 

MOTION FOR SUMMARY ADJUDICATION OF ISSUES BY RAEL & LETSON

 

 

·         Off calendar.  This case has been assigned to the Hon. Marie Wiener, Dept. 2.

 

 

_____________________________________________________________________


9:00

3

CIV 523801       GUINNANE CONSTRUCTION CO., INC. VS. ALLEN M. PROWS,

                   ET AL.

 

 

GUINNANE CONSTRUCTION CO., INC.       MARK J. ROMEO

ALLEN M. PROWS                        JAMES PAUL GREEN

 

 

MOTION TO TAX MEMORANDUM OF COSTS/STRIKE CLAIMS OF COST BY PLAINTIFF BY ALLEN M. PROWS

 

 

  • The Motion of Defendant Allen Prows to Tax Costs is DENIED as to Filing Fees, and Deposition Costs; the Motion is GRANTED as to Service of Process Costs, Models, Blowups and Photographs and “Other” (Item No. 13 on Memo of Costs in amount of $428.00).

 

  • 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 525696       KIYOMI ISHII VS. RESIDENTIAL MORTGAGE CAPITAL, ET AL.

 

 

KIYOMI ISHII                             MARK W. LAPHAM

RESIDENTIAL MORTGAGE CAPITAL

 

 

MOTION TO EXPUNGE LIS PENDENS BY U.S. BANK NATIONAL ASSOCIATION, ET AL.

 

 

·         Off calendar at the request of the moving party.

 

 

_____________________________________________________________________


9:00

5

CIV 529052       ASIAN SQUARES, INC. VS. JAMES WONG, ET AL.

 

 

ASIAN SQUARE, INC.                    PAUL E. RICE

JAMES WONG                            SHAWN R. PARR

 

 

DEMURRER TO COMPLAINT OF ASIAN SQUARE, INC. BY JAMES

WONG, ET AL.

 

 

·         Moot.  A 1st Amended Complaint was filed on May 18, 2015.

 

 

_____________________________________________________________________


9:00

6

CIV 531788       ASHLEIGH CHAND VS. JUNK KING, ET AL.

 

 

ASHLEIGH CHAND                        PRO/PER

JUNK KING                             RICHARD M KELLY

 

 

MOTION TO COMPEL RESPONSES TO FORM INTERROGATORIES BY JUNK KING, ET AL.

 

 

  • The unopposed Motion to Compel brought by Defendant JUNK KING FRANCHISE SYSTEMS, INC. is GRANTED.  Plaintiff is ordered to provide full and complete, verified responses, without objections, to Form Interrogatories – General (Set One) and Form Interrogatories – Employment Law (Set One) no later than May 29, 2015.  Plaintiff is further ordered to pay Defendant $60.00 to Defendant in monetary sanctions no later than May 29, 2015.

 

  • 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

7

CIV 532233       SONIA TERESA MARTINEZ VS. LUCIA ESTRADA ROBLES, ET AL

 

 

SONIA TERESA MARTINEZ                 PRO/PER

LUCIA ESTRADA ROBLES                  MICHAEL A BRACCO

 

 

DEMURRER TO COMPLAINT of MARTINEZ BY LUCIA ESTRADA ROBLES, ET AL.

 

 

·         Appear.

 

 

_____________________________________________________________________


9:00

8

CIV 532755       MARIA VICTORIA MANUEL VS. RUSHMORE LOAN MANAGEMENT

                   SERVICES, LLC., ET AL.

 

 

MARIA VICTORIA MANUEL                 TIMOTHY L. MCCANDLESS

RUSHMORE LOAN MANAGEMENT SERVICES, LLC.   PETER J. VAN ZANDT

 

 

JOINDER OF FIDELITY NATIONAL TITLE COMPANY TO DEMURRER OF RUSHMORE LOAN MANAGEMENT SERVICE, LLC.

 

 

·         See below.

 

 

DEMURRER TO COMPLAINT BY RUSHMORE LOAN MANAGEMENT SERVICES, LLC, ET AL.

 

 

·         Moot.  A 1st Amended Complaint was filed on May 14, 2015.

 

 

_____________________________________________________________________


9:00

9

CLJ 526114       MIDLAND FUNDING, LLC. VS. RAYMOND BYNE

 

 

MIDLAND FUNDING LLC                   SARAH A. ROBINSON-MCELROY

RAYMOND BYNE                          DAVID A. BUTLER

 

 

MOTION TO WITHDRAW AS ATTORNEY OF RECORD RAYMOND BYNE BY DAVID A. BUTLER JR

 

 

  • The unopposed Motion To Be Relieved as Counsel is GRANTED. Moving counsel has complied with CCP § 284(2) and CRC 3.1362.

 

  • 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 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

10

CLJ 211077       CHRISTIANA TRUST VS. ROBERT L. BURNS, ET AL.

 

 

CHRISTIANA TRUST                      MIKE ALEALI

ROBERT L. BURNS

 

 

MOTION TO QUASH SERVICE OF SUMMONS BY ROBERT L. BURNS

 

 

  • The Motions to Quash Service of Summons and Complaint brought by Defendants ROBERT BURNS and ROBERT SEDLAR, respectively, are DENIED WITHOUT PREJUDICE.  The Proofs of Service attached to Defendants’ motions are insufficient, as they fail to comply with the requirements of California Rules of Court, Rule 2.306. 

 

  • 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.

 

 

MOTION TO QUASH SERVICE OF SUMMONS BY ROBERT W. SEDLAR

 

 

·         See above.

 

 

_____________________________________________________________________


 

In the Superior Court of the State of California

In and for the County of San Mateo

 

Presiding Judge Law and Motion Calendar

Judge: HONORABLE JOHN L. GRANDSAERT

Department 11

 

400 County Center, Redwood City

Courtroom 2D

 

Thursday, May 21, 2015

 

If you plan to appear on any case on this calendar,

 you must call (650) 261-5111 before 4:00 p.m. and you must give notice also before 4:00 p.m. to all parties of your intent to appear pursuant to California Rules of Court 3.1308(a)(1).

 

Case                   Title / Nature of Case

9:00

1

CIV 522390       ANDY SABERI VS. SAEED GHAFOORI

 

 

ANDY SABERI                           BEHROUZ SHAFIE

SAEED GHAFOORI                        ORESTES A CROSS

 

 

MOTION TO DESIGNATE CASE AS COMPLEX BY SAEED GHAFOORI

 

 

·         The Court finds insufficient good cause for a complex designation.  Accordingly, the Court DENIES the Motion to Designate Case as Complex and for Single Judicial Assignment.

 

 

_____________________________________________________________________


9:00

2

CIV 529234       GERON ALTON KRIZE VS. LLUVIA M. CARDENAS CASTILLO,

                   ET AL.

 

 

GERON ALTON KRIZE                     P. TERRY ANDERLINI

LLUVIA M. CARDENAS CASTILLO           DAVID HIRSHIK

 

 

MOTION TO CONTINUE THE TRIAL DATE BASED ON C.R.C. 3.1332(C)(1)(6) BY LLUVIA M. CARDENAS CASTILLO, ET AL.

 

 

·         Pursuant to the request of Defendant Lluvia M. Cardenas Castillo, moving party, motion to continue trial is vacated; the matter has settled. Court sets an OSC re: Dismissal as to the Case in its Entirety for Tuesday, July 7, 2015 at 9:00 a.m.

 

 

_____________________________________________________________________


 

In the Superior Court of the State of California

In and for the County of San Mateo

 

WRITS AND RECEIVERS CALENDAR

Judge: Honorable GEORGE A. MIRAM

Department 28

 

400 County Center, Redwood City

Courtroom 2F

 

Thursday, May 21, 2015

 

If you plan to appear on any case on this calendar,

 you must call (650) 261-5128 before 4:00 p.m. and you must give notice also before 4:00 p.m. to all parties of your intent to appear pursuant to California Rules of Court 3.1308(a)(1).

 

Case                  Title / Nature of Case

2:00

1

CIV 531856       STEPHEN D. BARD VS. MICHAEL T. MOE, ET AL.

 

 

STEPHEN D. BARD                       JOSEPH W. COTCHETT

MICHAEL T. MOE                        REGINALD D. STEER

 

 

MOTION FOR PRELIMINARY INJUNCTION AGAINST DEFENDANT BY STEPHEN D. BARD

 

 

·         Appear.

 

 


 

 

 


POSTED:  3:00 PM

 

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