July 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 jonathan e. karesh

Department 20

 

400 County Center, Redwood City

Courtroom 8C

 

Thursday, July 28, 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

CIV527347

KEALAONAPUA O'SULLIVAN LUM VS. MIDPEN HOUSING

   CORPORATION, ET AL.

 

 

KEALAONAPUA O'SULLIVAN LUM

LAWRENCE D. MURRAY

MIDPEN HOUSING CORPORATION

DAVID M. MCLAUGHLIN

 

 

MOTION FOR SUMMARY ADJUDICATION OF ISSUES BY MIDPEN HOUSING CORPORATION, ET AL.

TENTATIVE RULING:

 

Pursuant to the stipulated order filed on July 19, 2016, the hearing on this motion has been continued to October 18, 2016 at 9.00 a.m. in the Law and Motion Department.

 

 

 

 

 

 

9:00

 

LINE 2

CIV 534170

LAURA MOLONEY-GRELLI VS. CYNTHIA L. SCHREURS

 

 

LAURA MOLONEY-GRELLI

PAUL J. SMOOT

CYNTHIA L. SCHREURS

ADAM F. SLOUSTCHER

 

 

MOTION FOR SUMMARY JUDGMENT AS TO COMPLAINT OF MOLONEY-GRELLI FILED BY KAREN CAI

TENTATIVE RULING:

 

By stipulation the Motion is Continued to September 2, 2016 at 9 a.m. in the Law and Motion Department.

 

 

 

 

 

 

9:00

 

LINE 3

CIV535253

MARISELA RAMOS VS METRO SERVICE GROUP, ET AL.

 

 

MARISELA RAMOS

LOUIS S. ABRONSON

METRO SERVICE GROUP

JOHN ANDREW BIARD

 

 

MOTION TO COMPEL ATTENDANCE AND TESTIMONY OF LESVIN CRUZ BY METRO SERVICE GROUP, ET AL.

TENTATIVE RULING:

 

Off calendar at the request of the moving party. The case has settled.

 

 

 

 

 

 

9:00

 

LINE 4

 

CIV 536287

AUREO AMBRIZ VS. BOETHING TREELAND FARMS, INC., ET AL.

 

 

AUREO AMBRIZ

PARVIZ DARABI

BOETHING TREELAND FARMS, INC.

SUZANNA L. WINSLOW

 

 

Motion to Compel Interrogatories (form & special)

TENTATIVE RULING:

 

By stipulation this motion is continued to August 15, 2016.

 

 

 

 

 

 

9:00

 

LINE 5

CIV 530719

SP CONTROLS INC VS WESTERN GEOLOGIC LLC

 

 

SP CONTROLS, INC.

CATHERINE W. JOHNSON

WESTERN GEOLOGIC LLC

CHRISTINE J. GRACCO

 

 

Motion to Compel

TENTATIVE RULING:

 

Special Interrogatories No. 11.  Denied.  Plaintiff’s Separate Statement does not comply with California Rule of Court 3.1245.

 

Special Interrogatories No. 12.  Denied.  Plaintiff’s Separate Statement does not comply with California Rule of Court 3.1245.

 

Request for Production No. 4.  Granted in part.  Within 10 days of this Order, Defendants shall notify Wells Fargo of the pendency and nature of these proceedings and provide Wells Fargo with copies of this Order and the 2006 and 2008 Phase I documents at issue.  Wells Fargo shall have 21 days from the date of this Order to seek a protective order, if it so chooses.  If Wells Fargo does not seek a protective order, Defendants shall produce the documents. 

 

Request for Production No. 5.  Denied.  The response is sufficient. 

     

Request for Production No. 6.  Granted in part.  Defendants are ordered to serve a further response stating whether they have any unprivileged, responsive documents in their possession, custody, or control, and if so, produce them.    

 

Request for Production No. 7.  Granted in part.  Defendants are ordered to serve a further response stating whether they have any unprivileged, responsive documents in their possession, custody, or control, and if so, produce them.  

 

Request for Production No. 8.  Granted in part.  Defendants are ordered to serve a further response stating whether they have any unprivileged, responsive documents in their possession, custody, or control, and if so, produce them.  

 

Request for Production No. 9.  Denied.  The response is sufficient.

         

Request for Production No. 10. Granted in part.  Defendants are ordered to serve a further response stating whether they have any unprivileged, responsive documents in their possession, custody, or control, and if so, produce them. 

 

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, moving 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 6

CIV 537185

KAREN BALLACK, ET AL. VS. TERESA ANTHONY

 

 

KAREN BALLACK

DARA M. TANG

TERESA ANTHONY

Pro/PER

 

 

Motion to Dismiss

TENTATIVE RULING: 

 

Defendant Teresa Anthony’s Motion to Dismiss for Improper Party and Failure to Mitigate is DENIED. Defendant has cited no relevant authority authorizing the court to dismiss the action based on improper party or failure to mitigate damages.

 

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.

 



 

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, July 28, 2016

 

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

 

LINE 1

CIV 538861

SAN BRUNO COMMITTE FOR ECONOMIC JUSTICE VS. CITY OF

    SAN BRUNO

 

 

SAN BRUNO COMMITTEE FOR ECONOMIC JUSTICE

ARTHUR LIOU

CITY OF SAN BRUNO

KEVIN D. SIEGEL

 

 

MOTION FOR PEREMPTORY WRIT OF MANDATE BY SAN BRUNO

TENTATIVE RULING:

 

Appear for oral argument.

 

 

 

 

 

 

2:00

 

LINE 2

CIV 538012

DAVID C. EBLOVI VS. JESSICA BLAIR, ET AL.

 

 

DAVID C. EBLOVI

PRO/PER

JESSICA BLAIR

 

 

 

Motion for Attorney’s Fees

TENTATIVE RULING:

 

The unopposed Motion for Attorneys’ Fees is GRANTED.  The Court awards $42,424.84 in reasonable attorneys’ fees and $3,102.34 in costs.    The enhancement of $19,661.25 is denied in this courts’ discretion. 

 

 

 

 

 

 


POSTED:  3:00 PM

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

© 2016 Superior Court of San Mateo County