September 30, 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 jonathan e. karesh

Department 20

 

400 County Center, Redwood City

Courtroom 8C

 

Thursday, September 29, 2016

 

NOTICE TO ALL COUNSEL

 

Until further order of the Court, no endorsed-filed “courtesy copy” of pleadings is required to be provided to the Law and Motion Department.

 

 

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

Line: 1

16-UDL-00150     Rommel Lazo vs. Gina Shiffer, et al.

 

 

rommel Lazo                           Mark C. Watson

Gina Shiffer                          DAVID CARDUCCI

 

motion to set aside default judgment

TENTATIVE RULING:

 

Defendant GINA SHIFFER’s Motion to Vacate and Set Aside Default Judgment is GRANTED pursuant to Code Civ. Proc. Sec. 473(b).  The default and default judgment entered against Defendant on August 10, 2016 are hereby vacated and set aside, and Defendant is granted leave to file her Answer to Complaint within 5 days of the service of the Notice of Entry of Order. 

 

If the tentative ruling is uncontested, it shall become the order of the Court, pursuant to CRC Rule 3.1308(a)(1), adopted by Local Rule 3.10.  If the tentative ruling is uncontested, prevailing party is directed to prepare, circulate, and submit a written order reflecting this Court’s ruling verbatim for the Court’s signature, consistent with the requirements of CRC Rule 3.1312.  The proposed order is to be submitted directly to Judge Jonathan E. Karesh, Department 20.

 



9:00

Line: 2

CIV507680     STEVEN EDELMAN, ET AL. VS. NICHOLSON-LAMB VENTURE LP, ET AL.

 

 

STEVEN EDELMAN                        G. SCOTT EMBLIDGE

NICHOLSON-LAMB VENTURE LP             KRISTOFER W. BIORN

 

MOTION

TENTATIVE RULING:

 

Off calendar at the request of the moving party.

 



9:00

Line: 3

CIV536666     LOIS GIANNONI VS. ANDREW ABRAMS, ET AL

 

 

LOIS GIANNONI                         PETER J. SHEARER

ANDREW ABRAMS                         EUGENE WEST

 

 

MOTION TO COMPEL DEPOSITION OF PLAINTIFF, LIOS GIANNONI AND FOR MONETARY SANCTIONS

TENTATIVE RULING:

 

The Motion of Defendants Andrew Abrams and Tara Abrams (“Defendants”) to Compel Deposition of Plaintiff Lois Giannoni (“Plaintiff”), is GRANTED.  Plaintiff is ordered to appear for deposition on October 4, 2016 at 10:00 a.m. at the Regus Business Centers, 580 California Street, San Francisco, California.

 

Defendant’s request to continue the trial date is DENIED without prejudice. Any motion to continue a trial date must be made in front of the Presiding Judge.

 

Defendants’ and Plaintiff’s requests for monetary sanctions are DENIED.

 

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

Line: 4

CIV538185     MARGARET MO VS. MERIWEST MORTGAGE COMPANY, LLC, ET AL.

 

 

MARGARET MO                           DAVID A. BUTLER, JR.

MERIWEST MORTGAGE COMPANY, LLC        ERIC D. HOUSER

 

 

MOTION TO BE RELIVED AS COUNSEL

TENTATIVE RULING:

 

Counsel David Butler’s unopposed Motions to Withdraw as counsel for plaintiff Margaret Mo  is DENIED without prejudice pursuant to CCP section 284(2) and CRC Rule 3.1362. Pursuant to CRC Rule 3.1362(d), all parties who have appeared in the case must be served with the notice of motion and motion, the declaration, and the proposed order. Defendants Merriwest Mortgage Company, LLC and Mortgage Electronic Registration Systems, Inc. have appeared in this action, with a demurrer pending on October 28, 2016. They have not received notice of the pending motion to withdraw.

 

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 plaintiff and to opposing party/counsel as required by law and the California Rules of Court.  The order is to be submitted directly to Judge Jonathan E. Karesh, Department 20.  

 



9:00

Line: 5

CLJ212290     JA 2109 DUMBARTON LLC VS. MONIQUE DAVENPORT, ET AL.

 

 

JA 2109 DUMBARTON LLC                 JOANNA KOZUBAL

MONIQUE DAVENPORT                     KARI A. RUDD

 

 

MOTINO FOR ATTORNEY’S FEES

TENTATIVE RULING:

 

The matter is ordered off calendar as the matter has been continued to October 20 at 9 a.m.

 



9:00

Line: 6

CLJ212474     BALDINI REAL ESTATE, INC. VS. MARGARET MO, ET AL.

 

 

BALDINI REAL ESTATE, INC.             KELLY S. KENNY

MARGARET MO                           DAVID A. BUTLER, JR.

 

 

MOTION TO BE RELIVED AS COUNSEL

TENTATIVE RULING:

 

Counsel David Butler’s unopposed Motion to Withdraw as counsel for Defendant Margaret Mo  is GRANTED pursuant to CCP § 284(2) and CRC Rule 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 defendant and to opposing party/counsel as required by law and the California Rules of Court.  The order is to be submitted directly to Judge Jonathan E. Karesh, Department 20. 

 



9:00

Line: 7

CLJ536326     GEORGE M. SILVA JR. VS. SAMTRANS TRANSIT AGENCY

 

 

GEORGE M. SILVA, JR.                  JACOB SHAPIRO

SAMTRANS TRANSIT AGENCY               TODD H. MASTER

 

 

MOTION TO FILE SECOND AMENDED COMPLAINT

TENTATIVE RULING:

 

Plaintiff George Silva’s Unopposed Motion to file an a second amended complaint is GRANTED pursuant to CCP sections 473(a)(1), 576 and California’s liberal public policy of permitting the filing of  amended pleadings. Edwards  v. Superior Court (2001) 93 Cal App 4th 172, 180. 710, 718.

 

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.

 


 

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, September 29, 2016

 

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

Line: 1

CIV534502     TINA BRIDGET BOCKOVER, ET AL. VS. EAN HOLDINGS, llc

 

 

TINA BRIDGET BOCKOVER                 DONALD E. KRENTSA

EAN HOLDINGS, LLC                     JENNIFER J. CAPABIANCO

 

 

Motion to Continue Trial Date

TENTATIVE RULING:

 

Plaintiff’s Motion to Continue Trial Date is DENIED as moot.  Order to Show Cause re: Dismissal of Case in its Entirety is set for November 29, 2016 at 9:00 a.m.

 

_____________________________________________________________________

 

 

 

 

 


POSTED:  3:00 PM

 

© 2016 Superior Court of San Mateo County