July 1, 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

 

Tuesday, July 5, 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

 

CIV 526074

ILA R. LOEB VS. LENCIONI CONSTRUCTION CO.,INC.

 

MOTION FOR DETERMINATION OF GOOD FAITH SETTLEMENT BY NCMG, INC.

 

 

 

ILA R. LOEB

MATTHEW R. SCHOECH

 

LENCIONI CONSTRUCTION CO., INC.

ALEXANDER R. MOORE

 

 

 

 

TENTATIVE RULING:

 

The UNOPPOSED Application for Judicial Determination of Good Faith Settlement brought by Cross Defendant NCMG Inc., is GRANTED pursuant to CCP §877.6 and Tech-Built, Inc. v. Woodward-Clyde Associates (1985) 38 Cal.App.3d 488. 

 

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 Jonathan E. Karesh, Department 20. 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

9:00

 

LINE 2

 

CIV 530289

NATHANIEL BASOLA SOBAYO VS. MARIA SOSA, ET AL.

 

 

 

MOTION TO COMPEL PLAINTIFF TO PROVIDE VERIFIED RESPONSES TO FORM INTERROGATORIES BY MARIA SOSA

 

 

 

NATHANIEL BASOLA SOBAYO

 

 

MARIA SOSA

STEVE LEYDIKER

 

TENTATIVE RULING:

 

Defendant Sosa’s unopposed Motion to Deem Matters Admitted is GRANTED pursuant to CCP § 2033.280. All those matters set forth in Defendant’s Request for Admissions [Set 1] dated March 28, 2016 are hereby deemed admitted. Defendant Sosa’s unopposed Motion to Compel Responses to Form Interrogatories [Set 1]; Special Interrogatories [Set 1] and Request for Production of Documents [Set 1] is GRANTED pursuant to CCP §§ 2030.290(b) and 2031.300(b), Plaintiff is ordered to provide verified responses to these discovery requests, without objection, within 10 days of service of the Notice of Entry of Order.

 

In addition, pursuant to CCP § 2023.030(a) the court orders Plaintif to pay monetary sanctions in the amount of $1,090.00. Steve Leydiker’s declaration stated he anticipated spending 3 hours reviewing Plaintiff’s opposition, drafting a reply, and attending the hearings. However, plaintiff never submitted opposition. Therefore $750 (billing rate of $250 x 3 hours) shall be subtracted from the original request of $1840 making the total monetary sanctions granted $1090. Said sanctions shall also be paid within 10 days of service of the Notice of Entry of Order.

 

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 Jonathan E. Karesh, Department 20.

 

 

 

 

 

 

 

 

 

 

 

 

9:00

 

LINE 3

 

CIV 534547

FATIMA TEHRANCHI, ET AL. VS. ONE MEDICAL GROUP,

   INC., ET AL.

 

 

 

MOTION TO SHOW CAUSE RE: CONTEMPT BY FATIMA TEHRANCHI, ET AL.

 

 

 

FATIMA TEHRANCHI

PRO/PER

 

ONE MEDICAL GROUP, INC.

STEVEN R. BLACKBURN

 

 

 

TENTATIVE RULING: 

 

Plaintiffs, Cyrus Safai and Fatima Tehranchi, have asked this Court to find Defendant Sequoia Medical Group in contempt of court for failure to comply with order issued by the Hon. Susan Etezadi on May 10, 2016. Because the motion seeks to hold Defendant in contempt for violating Judge Etezadi’s order, this motion must be heard by Judge Etezadi.  Plaintiffs are directed to contact Department 18 at (650) 261-5118 to arrange a special set hearing for their Motion for Contempt.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

9:00

 

Line 4

 

CIV 535902

REGINA MANANTAN VS. WELLS FARGO BANK, N.A., ET AL.

 

 

 

JOINDER OF QUALITY LOAN SERVICE CORPORATION TO DEFENDANTS’ DEMURRER TO PLAINTIFF’S FIRST AMENDED COMPLAINT

 

 

 

DEMURRER TO SECOND Amended COMPLAINT of MANANTAN BY WELLS FARGO BANK, N.A., ET AL.

 

 

 

MOTION RE: TO STRIKE PORTIONS OF PLAINTIFF’S SECOND AMENDED COMPLAINT BY WELLS FARGO BANK, N.A., ET AL.

 

 

 

 

DEMURRER TO SECOnd Amended COMPLAINT of MANANTAN BY MOAB INVESTMENT GROUP, LLC

 

 

 

REGINA MANANTAN

TIMOTHY L. MCCANDLESS

 

WELLS FARGO BANK, N.A.

BRIAN S. WHITTEMORE

 

 

 

 

TENTATIVE RULING:

 

Defendant Moab Investment Group, LLC’s Demurrer to Plaintiff’s Second Amended Complaint is continued by the Court to July 8, 2016 at 9:00 in this department.

 

Defendants Wells Fargo Bank, N.A., D/B/A America’s Servicing Company and U.S. Bank National Association, as Trustee, successor-in-interest to Bank of America, National Association as Trustee, successor by merger to LaSalle Bank, National Association as Trustee for Morgan Stanley Mortgage Loan Trust 2007-7AX’s Motion to Strike Portions of Plaintiff’s Second Amended Complaint is continued by the Court to July 8, 2016 at 9:00 in this department.

 

Defendants Wells Fargo Bank, N.A., D/B/A America’s Servicing Company and U.S. Bank National Association, as Trustee, successor-in-interest to Bank of America, National Association as Trustee, successor by merger to LaSalle Bank, National Association as Trustee for Morgan Stanley Mortgage Loan Trust 2007-7AX’s Demurrer to Plaintiff’s Second Amended Complaint is continued by the Court to July 8, 2016 at 9:00 in this department.

 

Defendant Quality Loan Service Corporation’s Joinder in Defendants’ Demurrer to First [sic] Amended Complaint is continued by the Court to July 8, 2016 at 9:00 in this department.

 

NOTE TO DEFENDANTS WELLS FARGO AND US BANK: You are reminded that CCP § 430.41 requires submission of a meet and confer declaration before your demurrer can be considered by this Court. The Court file does not show that such a declaration was filed.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

9:00

 

 

 

LINE 5

 

 

 

CIV 536934

TDM TILING, INC. VS. U.S. GRANITE CORPORATION

 

 

 

HEARING ON APPLICATION FOR RIGHT TO ATTACH ORDER/WRIT OF ATTACHMENT AS TO U.S. GRANITECORPORATION FILED BY TDM TILING, INC.

 

 

 

TDM TILING, INC.

STEPHEN J. BEALS

 

U.S. GRANITECORPORATION

ELIZABETH B. STALLARD

 

 

 

TENTATIVE RULING: 

 

Plaintiff TDM Tiling Inc’s application for a Writ of Attachment is GRANTED pursuant to CCP § 483.010 as to defendant U.S. Granite Corporation.  The writ of attachment is granted in the amount of $110,000.

 

Plaintiff meets all the general qualifications for the issuance of a writ of attachment pursuant to CCP § 483.010(a). The application is sufficiently supported by the declaration of Tony Della Morte Jr, the VP of TDM Tiling Inc. (Plaintiff). The declaration states a specific and particular total of the amount owed as well as an exhibit showing the signed bill of sale between the two parties. Based on the declaration and attached bill of sale, Plaintiff was able to show it is more likely than not the Plaintiff will obtain judgment against the defendant.  In addition, the proper notice requirement was satisfied.

 

plaintiff is required to post an undertaking in the amount of $10,000.00 pursuant to ccp §489.220(a)

 

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 Jonathan E. Karesh, Department 20. 

 

 

 

 

 

 

 

 

 

 

 

 

 

9:00

 

LINE 6

 

CIV 537810

NIKOLAS KING NOWLIN VS. MILLS PENINSULA HEALTH SERVICES

 

 

 

 

MOTION TO WITHDRAW AS ATTORNEY OF RECORD FOR NIKOLAS KING NOWLIN BY CRAIG A. KRONER

 

 

NIKOLAS KING NOWLIN

CRAIG A. KRONER

 

MILLS PENINSULA HEALTH SERVICES

JAMES J. ZENERE

 

 

 

TENTATIVE RULING: 

 

The motion to be relieved as counsel of record is granted pursuant CCP §284(2) and CRC rule 3.1362. All requirements for the motion have been met and no obvious prejudice to the client will be created by approval of the motion. Attorney provided the client and all parties to the action notice of withdrawal. Attorney provided an adequate showing that a court order is required for withdrawal and the proper forms were used for the motion.

 

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 Jonathan E. Karesh, Department 20. 

 

 

 

 

 

 

 

 


POSTED:  3:00 PM

 

© 2016 Superior Court of San Mateo County