July 5, 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, July 2, 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 512807       VENERANDA & FEDERICO ABAD, ET AL. VS. WESTERN PACIFIC

                   HOUSING, INC., ET AL.

 

 

VENERANDA ABAD                           CHRISTINA KURTZ

WESTERN PACIFIC HOUSING INC              AMY L. FOSCALINA

 

 

MOTION TO TAX DEFT WESTERN PACIFIC HOUSING'S MEMORANDUM OF COSTS BY PETER QUIAMBAO, ET AL.

 

 

·         Continued to July 30, 2015 at the request of the moving party.

 

 

 

_____________________________________________________________________

9:00

2

CIV 521162       WILLIAM BALDWIN VS. MARK RIVERA HOLLANDSWORTH

 

 

WILLIAM BALDWIN                          MONTIE S. DAY

MARK RIVERA HOLLANDSWORTH                DAVID J. SAMUELSEN

 

 

MOTION FOR AN ORDER THAT MATTERS TO BE ADMITTED BE DEEMED ADMITTED BY WILLIAM BALDWIN

 

 

·         Appear.

 

 

MOTION FOR JUDGMENT ON PLEADINGS BY WILLIAM BALDWIN

 

 

·         Appear.

 

 

____________________________________________________________________


9:00

3

CIV 522693       J.B.B. INVESTMENT, ET AL VS R. THOMAS FAIR, ET AL

 

 

J.B.B INVESTMENT PARTNERS LTD.           ROBERT E. CAREY

R. THOMAS FAIR                           PATRICK BALDWIN

 

 

DEMURRER TO FIRST Amended COMPLAINT BY R. THOMAS FAIR, ET AL.

 

 

·         This case is currently stayed due to a pending appeal.

 

 

_____________________________________________________________________


9:00

4

CIV 526642       SOLOMON TSAI, ET AL VS. BETTY P.P. HSU, ET AL.

 

 

SOLOMON TSAI                             DONALD J. PUTTERMAN

BETTY P.P. HSU                           CHARMAINE G. YU

 

 

MOTION FOR SEALING ORDER BY SOLOMON TSAI, ET AL.

 

 

  • Plaintiff SOLOMON TSAI’s unopposed Motion to Seal is GRANTED.  The Court finds that an overriding interest exists in protecting the confidentiality of Plaintiff’s confidential financial information pursuant to California Rules of Court, Rule 2.550.  This overriding interest supports sealing Exhibit O to the Declaration of Charmaine Yu, filed in support of Defendants’ Reply in support of Motion to Reopen Discovery [Exhibit O].

 

  • Accordingly, it is hereby ordered that Exhibit O of the Yu Declaration be filed under seal. 

 

  • 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

5

CIV 526808       MONTGOMERY SANSOME, LP. VS. KRISTINA PEREZ KROW

 

 

MONTGOMERY SANSOME, LP.                  JOHN H. CIGAVIC

KRISTINA PEREZ KROW                      THOMAS M. HARRELSON

 

 

MOTION FOR SUMMARY ADJUDICATION OF ISSUES BY MONTGOMERY SANSOME, LP.

 

  • The motion for summary adjudication is DENIED.

 

  • A plaintiff moving for summary adjudication on a claim for breach of contract must establish each element of the cause of action. (Code of Civ. Proc. § 437c, subd. (p)(1) [moving plaintiff must establish “each element of the cause of action entitling the party to judgment on that cause of action”].) “As damages are an element of a breach of contract cause of action, a plaintiff cannot obtain judgment on a breach of contract cause of action in an amount of damages to be determined later.” (Paramount Petroleum Corp. v. Superior Court (2014) 227 Cal. App. 4th 226, 241; see also Dep't of Indus. Relations v. UI Video Stores, Inc. (1997) 55 Cal. App. 4th 1084, 1097[“Because issues of the calculation of damages apparently remain to be determined, it is not appropriate to grant summary judgment”].)

    

  • Motions such as the present one, which seek to adjudicate the issue of breach, but not damages, have not been permitted since Code of Civil Procedure Section 437c was revised in 1992.

 

  • Plaintiff’s motion fails to set forth any evidence of damages and instead admits that damages will not be shown until trial. (Moving P&A at 10:6.) Plaintiff submits no Undisputed Material Fact regarding damages. None of Plaintiff’s moving evidence addresses any amount of damage. Therefore, the motion must be denied.

 

  • If the tentative ruling is uncontested, it shall become the order of the Court. Thereafter, counsel for Defendant shall 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 written notice of the ruling to all parties who have appeared in the action, as required by law and the California Rules of Court. 

 

 

_____________________________________________________________________


9:00

6

CIV 533490       MASKAY INC., ET AL. VS. BEN JOHNSON

 

 

MASKAY INC.                              HERMAN FRANCK

BEN JOHNSON                              NICOLAS A. FLEGEL

 

 

DEMURRER TO COMPLAINT BY BEN JOHNSON

 

 

·         Moot. A 1st Amended Complaint was filed June 17, 2015.

 

 

_____________________________________________________________________


9:00

7

CLJ 211121       BOBLIN INVESTMENTS VS. RICKY JACKSON, ET AL.

 

 

BOBLIN INVESTMENTS, LLC                  BRIAN IRION

RICKY JACKSON                            DAVID CARDUCCI

 

 

MOTION TO VACATE AND SET ASIDE DEFAULT JUDGMENT FILED BY RICKY JACKSON.

 

 

  • Defendant’s unopposed motion to vacate and set aside entry of default judgment under CCP §473 is GRANTED.

 

  • 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 211180       YOUSEF YOUSEF VS. MARIA HUERTA, ET AL.

 

 

YOUSEF YOUSEF                            PRO/PER

MARIA HUERTA                             PRO/PER

 

 

DEMURRER TO COMPLAINT (UNLAWFUL DETAINER) BY MARIA HUERTA

 

 

  • Defendant’s demurrer to the complaint is SUSTAINED WITH LEAVE TO AMEND.  Plaintiff failed to allege whether the tenancy is subject to the local rent or eviction control ordinance or that he has met all applicable requirements of the ordinance.

 

  • 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 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

9

CLJ 518607       UNIFUND CCR, LLC. VS. FARSHIDEH ZAKERI

 

 

UNIFUND CCR, LLC.                     KENNETH J. MIELE

FARSHIDEH ZAKERI

 

 

MOTION TO QUASH SERVICE OF SUMMONS ON COMPLAINT BY FARSHIDEH

ZAKERI

 

 

·         Appear.

 

 

_____________________________________________________________________


9:00

10

CLJ 527475       PORTFOLIO RECOVERY ASSOCIATES VS. YURIY I. GLADCHENKO

 

 

PORTFOLIO RECOVERY ASSOCIATES            DONALD SHERRILL

YURIY I. GLADCHENKO

 

 

MOTION TO SET ASIDE DEFAULT AND DEFAULT JUDGMENT BY YURIY I. GLADCHENKO

 

 

  • The motion to set aside the default and default judgment is GRANTED.  Defendant has established that the default was the result of his mistake, inadvertence or excusable neglect. 

 

 

  • Plaintiff’s request for attorneys’ fees is DENIED.  Plaintiff’s request for costs is GRANTED in the amount of $206.00 which shall be paid to Plaintiff’s counsel prior to Defendant’s Answer being filed.

 

 

  • Defendant may file an Answer to the Complaint, consistent with the Proposed Answer attached to the moving papers, conditioned on payment of above referenced costs, no later than July 16, 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.

 

 

 

______________________________________________________________________


9:01

11

CLJ 211098       ANNIE JACOB VS. MELISSA M. ASFAR, ET AL.

 

 

ANNIE JACOB                           DAVID G FINKELSTEIN

MELISSA M. ASFAR                      JASON HAIN

 

 

HEARING ON MOTION TO QUASH SERVICE OF SUMMONS ON COMPLAINT

(UNLAWFUL DETAINER) BY MELISSA M ASFAR

 

 

·         Defendant Melissa Asfar’s Motion to Quash is DENIED. Defendant has been served by posting and mailing [by her own admission] of the original summons and complaint in this action. These are the only pleadings filed in this action. Defendant shall file an answer to the complaint within 5 days of service of the written notice of entry of order pursuant to CCP §1167.4(b).

 

 

·         Prevailing 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

12

CIV 526808       MONTGOMERY SANSOME LP VS. KRISTINA PEREZ KROW

 

 

MONTGOMERY SANSOME LP                 JOHN H. CIGAVIC

KRISTINA PEREZ KROW                   THOMAS M. HARRELSON

 

 

MOTION FOR JUDGMENT ON PLEADINGS BY KRISTINA PEREZ KROW

 

 

·         Appear.

 

 

 

 

 

 

 

 


POSTED:  3:00 PM

 

 

 

 

 

 

 

 

 

© 2015 Superior Court of San Mateo County