February 28, 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

 

Tuesday, February 24, 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 530285       RENEE GLOVER CHANTLER, ET AL. VS. FARIN NAMDARAN

                   YEGANEH, ET AL.

 

 

RENEE GLOVER CHANTLER                 MICHAEL S. TRACY

FARIN NAMDARAN YEGANEH                WILLIAM E. GILG

 

 

MOTION TO QUASH SUBPOENA FOR PRODUCTION OF DOCUMENTS TO WILLIAM E. GILG, ESQ. BY FARIN NAMDARAN YEGANEH, KAIKHOSROW YEGANEH, Farin

Namdaran YEganeh as Trustee of the FFNY Trust, FarIN NAMDARAN Yeganeh As Trustee of the FY Trust, FARIN NAMDARAN Yeganeh as Trustee oF the FNY Trust, Farin Namdaran YegAneh as Trustee of the Yeganeh Fran Trust, KAIKHOSROW Yeganeh as Trustee of the KY Trust, Ramin Yeganeh, RamIN Yeganeh as trustee of the RY Trust

 

 

·         Defendants’ Motions to Quash Deposition Subpoenas are DENIED in their entirety. Although the subpoenas call for production of documents that may be protected by Defendants’ right of privacy, Defendants fail to demonstrate that their privacy rights outweigh Plaintiffs’ rights to discovery. This is especially true when, as here, the subpoenas seek documents that are not merely relevant to Plaintiffs’ claims; the documents would likely be material evidence in support of Plaintiffs’ claims or Defendants’ defenses.

 

·         If the tentative ruling is uncontested, it shall become the order of the Court. Thereafter, counsel for Plaintiffs 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. 

 

 

MOTION TO QUASH SUBPOENAS FOR PRODUCTION OF DOCUMENTS TO NATIONSTAR BY FARIN NAMDARAN YEGANEH, KAIKHOSROW YEGANEH, Farin Namdaran YEganeh as Trustee of the FFNY Trust, FarIN NAMDARAN Yeganeh As Trustee of the FY Trust, FARIN NAMDARAN Yeganeh as Trustee oF the FNY Trust, Farin Namdaran YegAneh as Trustee of the Yeganeh Fran Trust, KAIKHOSROW Yeganeh as Trustee of the KY Trust, Ramin Yeganeh, RamIN Yeganeh as trustee of the RY Trust

 

 

·         See above.

 

 

MOTION TO QUASH SUBPOENAS FOR PRODUCTION OF DOCUMENTS TO CALIFORNIA BY FARIN NAMDARAN YEGANEH, KAIKHOSROW YEGANEH, Farin Namdaran YEganeh as Trustee of the FFNY Trust, FarIN NAMDARAN Yeganeh As Trustee of the FY Trust, FARIN NAMDARAN Yeganeh as Trustee oF the FNY Trust, Farin Namdaran YegAneh as Trustee of the Yeganeh Fran Trust, KAIKHOSROW Yeganeh as Trustee of the KY Trust, Ramin Yeganeh, RamIN Yeganeh as trustee of the RY Trust

 

 

·         See above.

 

 

MOTION TO QUASH SUBPOENAS FOR PRODUCTION OF DOCUMENTS TO PLM LOAN BY FARIN NAMDARAN YEGANEH, KAIKHOSROW YEGANEH, Farin Namdaran YEganeh as Trustee of the FFNY Trust, FarIN NAMDARAN Yeganeh As Trustee of the FY Trust, FARIN NAMDARAN Yeganeh as Trustee oF the FNY Trust, Farin Namdaran YegAneh as Trustee of the Yeganeh Fran Trust, KAIKHOSROW Yeganeh as Trustee of the KY Trust, Ramin Yeganeh, RamIN Yeganeh as trustee of the RY Trust

 

 

·         See above.

 

 

MOTION TO QUASH SUBPOENAS FOR PRODUCTION OF DOCUMENTS TO TD SERVICE BY FARIN NAMDARAN YEGANEH, KAIKHOSROW YEGANEH, Farin Namdaran YEganeh as Trustee of the FFNY Trust, FarIN NAMDARAN Yeganeh As Trustee of the FY Trust, FARIN NAMDARAN Yeganeh as Trustee oF the FNY Trust, Farin Namdaran YegAneh as Trustee of the Yeganeh Fran Trust, KAIKHOSROW Yeganeh as Trustee of the KY Trust, Ramin Yeganeh, RamIN Yeganeh as trustee of the RY Trust

 

 

·         See above.

 

 

MOTION TO QUASH SUBPOENAS FOR PRODUCTION OF DOCUMENTS TO MTC FINANCIAL BY FARIN NAMDARAN YEGANEH, KAIKHOSROW YEGANEH, Farin Namdaran YEganeh as Trustee of the FFNY Trust, FarIN NAMDARAN Yeganeh As Trustee of the FY Trust, FARIN NAMDARAN Yeganeh as Trustee oF the FNY Trust, Farin Namdaran YegAneh as Trustee of the Yeganeh Fran Trust, KAIKHOSROW Yeganeh as Trustee of the KY Trust, Ramin Yeganeh, RamIN Yeganeh as trustee of the RY Trust

 

 

·         See above.

 

 

MOTION TO QUASH SUBPOENAS FOR PRODUCTION OF DOCUMENTS TO QUALITY LOAN BY FARIN NAMDARAN YEGANEH, KAIKHOSROW YEGANEH, Farin Namdaran YEganeh as Trustee of the FFNY Trust, FarIN NAMDARAN Yeganeh As Trustee of the FY Trust, FARIN NAMDARAN Yeganeh as Trustee oF the FNY Trust, Farin Namdaran YegAneh as Trustee of the Yeganeh Fran Trust, KAIKHOSROW Yeganeh as Trustee of the KY Trust, Ramin Yeganeh, RamIN Yeganeh as trustee of the RY Trust

 

 

·         See above.

 

 

MOTION TO QUASH SUBPOENAS FOR PRODUCTION OF DOCUMENTS TO NDEX WEST, LLC BY FARIN NAMDARAN YEGANEH, KAIKHOSROW YEGANEH, Farin Namdaran YEganeh as Trustee of the FFNY Trust, FarIN NAMDARAN Yeganeh As Trustee of the FY Trust, FARIN NAMDARAN Yeganeh as Trustee oF the FNY Trust, Farin Namdaran YegAneh as Trustee of the Yeganeh Fran Trust, KAIKHOSROW Yeganeh as Trustee of the KY Trust, Ramin Yeganeh, RamIN Yeganeh as trustee of the RY Trust

 

 

·         See above.

 

 

MOTION TO QUASH SUBPOENAS FOR PRODUCTION OF DOCUMENTS TO CHICAGO TITLE COMPANY BY FARIN NAMDARAN YEGANEH, KAIKHOSROW YEGANEH, Farin Namdaran YEganeh as Trustee of the FFNY Trust, FarIN NAMDARAN Yeganeh As Trustee of the FY Trust, FARIN NAMDARAN Yeganeh as Trustee oF the FNY Trust, Farin Namdaran YegAneh as Trustee of the Yeganeh Fran Trust, KAIKHOSROW Yeganeh as Trustee of the KY Trust, Ramin Yeganeh, RamIN Yeganeh as trustee of the RY Trust

 

 

·         See above.

 

 

MOTION TO QUASH SUBPOENAS FOR PRODUCTION OF DOCUMENTS BY FARIN NAMDARAN YEGANEH, KAIKHOSROW YEGANEH, Farin Namdaran YEganeh as Trustee of the FFNY Trust, FarIN NAMDARAN Yeganeh As Trustee of the FY Trust, FARIN NAMDARAN Yeganeh as Trustee oF the FNY Trust, Farin Namdaran YegAneh as Trustee of the Yeganeh Fran Trust, KAIKHOSROW Yeganeh as Trustee of the KY Trust, Ramin Yeganeh, RamIN Yeganeh as trustee of the RY Trust

 

 

·         See above.

 

 

MOTION TO QUASH SUBPOENAS FOR PRODUCTION OF DOCUMENTS TO MAX DEFAULT BY FARIN NAMDARAN YEGANEH, KAIKHOSROW YEGANEH, Farin Namdaran YEganeh as Trustee of the FFNY Trust, FarIN NAMDARAN Yeganeh As Trustee of the FY Trust, FARIN NAMDARAN Yeganeh as Trustee oF the FNY Trust, Farin Namdaran YegAneh as Trustee of the Yeganeh Fran Trust, KAIKHOSROW Yeganeh as Trustee of the KY Trust, Ramin Yeganeh, RamIN Yeganeh as trustee of the RY Trust

 

 

·         See above.

 

 

MOTION TO QUASH SUBPOENAS FOR PRODUCTION OF DOCUMENTS TO DALLIN, LLC BY FARIN NAMDARAN YEGANEH, KAIKHOSROW YEGANEH, Farin Namdaran YEganeh as Trustee of the FFNY Trust, FarIN NAMDARAN Yeganeh As Trustee of the FY Trust, FARIN NAMDARAN Yeganeh as Trustee oF the FNY Trust, Farin Namdaran YegAneh as Trustee of the Yeganeh Fran Trust, KAIKHOSROW Yeganeh as Trustee of the KY Trust, Ramin Yeganeh, RamIN Yeganeh as trustee of the RY Trust

 

 

·         See above.

 

 

MOTION TO QUASH SUBPOENAS FOR PRODUCTION OF DOCUMENTS TO AUCTION.COM BY FARIN NAMDARAN YEGANEH, KAIKHOSROW YEGANEH, Farin Namdaran YEganeh as Trustee of the FFNY Trust, FarIN NAMDARAN Yeganeh As Trustee of the FY Trust, FARIN NAMDARAN Yeganeh as Trustee oF the FNY Trust, Farin Namdaran YegAneh as Trustee of the Yeganeh Fran Trust, KAIKHOSROW Yeganeh as Trustee of the KY Trust, Ramin Yeganeh, RamIN Yeganeh as trustee of the RY Trust

 

 

·         See above.

 

 

MOTION TO QUASH SUBPOENAS FOR PRODUCTION OF DOCUMENTS TO RECON BY FARIN NAMDARAN YEGANEH, KAIKHOSROW YEGANEH, Farin Namdaran YEganeh as Trustee of the FFNY Trust, FarIN NAMDARAN Yeganeh As Trustee of the FY Trust, FARIN NAMDARAN Yeganeh as Trustee oF the FNY Trust, Farin Namdaran YegAneh as Trustee of the Yeganeh Fran Trust, KAIKHOSROW Yeganeh as Trustee of the KY Trust, Ramin Yeganeh, RamIN Yeganeh as trustee of the RY Trust

 

 

·         See above.

 

 

MOTION FOR PROTECTIVE ORDER RE THIRD PARTY SUBPOENAS DUCES TECUM BY FARIN NAMDARAN YEGANEH, KAIKHOSROW YEGANEH, Farin Namdaran YEganeh as Trustee of the FFNY Trust, FarIN NAMDARAN Yeganeh As Trustee of the FY Trust, FARIN NAMDARAN Yeganeh as Trustee oF the FNY Trust, Farin Namdaran YegAneh as Trustee of the Yeganeh Fran Trust, KAIKHOSROW Yeganeh as Trustee of the KY Trust, Ramin Yeganeh, RamIN Yeganeh as trustee of the RY Trust

 

 

·         Defendants’ Motion for Protective Order Regarding the Ultra Escrow Subpoena is DENIED. Even if Mr. Gilg’s neglect was excusable, Defendants’ arguments against the Ultra Escrow Subpoena lack merit and are DENIED for the same reasons their Motions to Quash the Other Subpoenas on today’s calendar.

 

·         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

2

CIV 531588       MICHAEL A. RUDER VS. PAUL J. HOEKENGA, ET AL.

 

 

MICHAEL A. RUDER                      MARK HAESLOOP

PAUL A. HOEKENGA                      JIM ERICKSON

 

 

DEMURRER TO COMPLAINT of MICHAEL A. RUDER BY PAUL A. HOEKENGA

 

 

·         Off calendar by stipulation of the parties.

 

_____________________________________________________________________


9:00

3

CLJ 527232       EDGEWATER ISLE NORTH HOMEOWNERS ASSOCIATION VS. YAO

                   YEON HUANG

 

 

EDGEWATER ISLE NORTH HOMEOWNER        J. SCOTT ISHERWOOD

YAO YEON HUANG                        KEVIN S. SULLIVAN

 

 

MOTION TO BE RELIEVED AS COUNSEL BY KEVIN S. SULLIVAN

 

 

·         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 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

4

CLJ 210736       JOSE PARRA JR. VS. ISRAEL C. RUIZ

 

 

JOSE PARRA JR.                        PRO/PER

ISRAEL C. RUIZ

 

 

MOTION TO QUASH SERVICE OF UNLAWFUL DETAINER SUMMONS AND COMPLAINT BY ISRAEL C. RUIZ

 

 

·         Appear.

 

_____________________________________________________________________

 

 

 


POSTED:  3:00 PM

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