May 22, 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 ELIZABETH K. LEE

Department 17

 

400 County Center, Redwood City

Courtroom 2L

 

Tuesday, May 26, 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 518000       THE PEOPLE OF THE STATE OF CALIFORNIA VS. YANA

                   KHOLODNAYA

 

 

THE PEOPLE OF THE STATE OF CALIFORNIA MEGAN WILKINS

YANA KHOLODNAYA

 

 

MOTION FOR SUMMARY JUDGMENT BY THE PEOPLE OF THE STATE OF CALIFORNIA

 

 

  • Plaintiff’s unopposed Motion for Summary Judgment is DENIED without prejudice based on Plaintiff’s failure to submit a proof of service of the motion on the Interested Party’s attorney, Philip Cozens.  See CCP §§ 1005, 1013.

 

  • If Plaintiff is able to submit a proof of service to the Court at the hearing, Plaintiff’s Motion for Summary Judgment will be granted for the reasons set forth below.

 

  • Plaintiff has met its initial burden under CCP § 437c(p)(1) through those matters deemed admitted that establish that Interested Party Yana Kholodnaya has no claim to the currency [Fact 4] and that the $12,370.00 represents proceeds traceable to an exchange for controlled substances [Fact 3]. Interested Party Yana Kholodnaya has not filed a response and has not met his burden under CCP § 437c(p)(1) of showing that a triable issue of material fact exists.

 

  • 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 Elizabeth K. Lee, Department 17.

 

_____________________________________________________________________

9:00

2

CIV 524121       NETAPP, INC. VS. JAMES BAKER, ET AL.

 

 

NETAPP, INC.                          BENJAMIN A. EMMERT

JAMES BAKER                           JAIDEEP VENKATESAN

 

 

MOTION TO ENFORCE THE SETTLEMENT AGREEMENT ENTERED INTO BETWEEN NETAPP, INC. AND CORAID, INC. BY NETAPP, INC.

 

 

·         At the request of the moving party, this matter is being taken off calendar.

 

_____________________________________________________________________

9:00

3

CIV 525164       ALTO COFFIN, ET AL. VS. CALIFORNIA DEPTARTMENT OF

                   HEALTH CARE SERVICES, ET AL.

 

 

ALTO COFFIN                              ALBERT M. KUN

CA DEPT. OF HEALTH CARE SERVICES

 

 

MOTION FOR RELIEF FROM DEFAULT BY COUNTY OF SAN MATEO

 

 

  • Respondent County of San Mateo's unopposed Motion for Relief from Default 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 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 Elizabeth K. Lee, Department 17.

 

_____________________________________________________________________

9:00

4

CIV 529073       DINELLI PLUMBING INCORPORATED VS. JAMES E. ROBERTS-

                   OBAYASHI CORPORATION, ET AL.

 

 

DINELLI PLUMBING INCORPORATED            DAVID M. McKIM

JAMES E. ROBERTS-OBAYASHI CORPORATION    TIMOTHY F. WINCHESTER

 

 

MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT BY DINELLI PLUMBING INCORPORATED

 

 

  • The unopposed Motion of Plaintiff Dinelli Plumbing Incorporated for Leave to File a Second Amended Complaint 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 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 Elizabeth K. Lee, Department 17.

 

_____________________________________________________________________

9:00

5

CIV 531946       CONNOR COCHRAN, ET AL. VS. DOES 1-30, INCLUSIVE

 

 

CONNOR COHCRAN                           KATRINA M. SALEEN

DOES 1-30

 

 

MOTION TO QUASH SERVICE OF PROCESS BY PATRICK LAKE

 

 

·         This matter is moot.  Plaintiff has filed a withdrawal of the Proof of Service of the Summons and Complaint in response to Defendant’s objections.  The motion will be dropped from the calendar.

 

_____________________________________________________________________

9:00

6

CIV 532400       WILLIAM THOMAS COATS VS. WILLIAM RANSEL COATS

 

 

WILLIAM THOMAS COATS                  PRO/PER

WILLIAM RANSEL COATS                  DAVID A. BREWSTER

 

 

DEMURRER TO PETITION BY WILLIAM RANSEL COATS

 

 

  • The Demurrer is SUSTAINED with fifteen (15) days leave to amend to provide the certificates required by CCP § 430.1(h). 

 

·         CCP § 340.1(a) provides that the time for commencement of an action for recovery of damages suffered as a result of childhood sexual abuse is within eight (8) years of the date the plaintiff attains the age of majority or three (3) years of the date the plaintiff discovers, or reasonably should have discovered, the injury after the age of majority, whichever is later. 

 

·         CCP § 340.1(g) further provides that when the plaintiff is 26 years of age or older at the time the action is filed, he or she must file certificates of merit executed by his or her attorney and a licensed mental health practitioner. 

 

·         These certificates must indicate:  1) the attorney has consulted with a mental health practitioner and has concluded on the basis of that consultation that there is reasonable and meritorious cause for filing the action and 2) the mental health practitioner has interviewed the plaintiff and concluded there is a reasonable basis to believe the plaintiff has been subject to childhood sexual abuse.  § 340.1(h)(1) and (2).

 

·         If the (h)(1) and (h)(2) certificates cannot be obtained before the expiration of the statute of limitations, § 340.1(h)(3) allows them to be filed after the statute has run, but no more than sixty (60) days after the complaint is filed, based on an attorney’s certificate showing necessity.  McVeigh v. Does 1 through 3 (2006) 138 Cal.App.4th 898, 901. 

 

·         In this case, certificates of merit are required as Plaintiff alleges he is 57 years old.  However, the court’s records do not reflect that Plaintiff has provided them.   Consequently, the Complaint is subject to demurrer.  CCP § 340.1(l).

 

·         While Defendant argues leave to amend should not be granted because more than sixty (60) days have passed since the Complaint was filed, he cites no authority to support his contention.  The 60-day period is relevant only if the statute of limitations has expired.  See Doyle v. Fenster (1996) 47 Cal.App.4th 1701 in which the Court sustained a demurrer without leave to amend where the certificates were filed after the statute of limitations had expired and more than sixty (60) days after the complaint was filed.  Here, nothing on the face of the Complaint conclusively indicates that the statute has expired.  As noted above, a complaint may be filed within three (3) years of the date the plaintiff discovered his injury after the age of majority.  The Court notes that this Complaint alleges no facts indicating when the plaintiff discovered or should have discovered his injury.

 

  • 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 Elizabeth K. Lee, Department 17.

 

_____________________________________________________________________

9:00

7

CIV 532671       SAN FRANCISCO FIRE CREDIT UNION VS. CECILLE Q. PAED

 

 

SAN FRANCISCO FIRE CREDIT UNION       ROBERT S. BARTLETT

CECILLE Q. PAED                       PRO/PER

 

 

MOTION TO STRIKE DEFENDANT’S ANSWER TO COMPLAINT BY SAN FRANCISCO FIRE CREDIT UNION

 

 

·         This Motion is MOOT given that the Court is sustaining Plaintiff’s Demurrer to Defendant’s Answer.

 

 

DEMURRER TO ANSWER TO COMPLAINT BY SAN FRANCISCO FIRE CREDIT UNION

 

 

  • Plaintiff’s Demurrer to Defendant’s Answer is SUSTAINED WITH LEAVE TO AMEND.  The Answer fails to allege any facts constituting an affirmative defense to any cause of action.

 

  • Defendant is granted leave of Court until June 9, 2015 to file and serve an amended answer.      

    

  • Demurring 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 Elizabeth K. Lee, Department 17.

 

_____________________________________________________________________

9:00

8

CIV 532726       CORAZON Q. PAED, ET AL. VS. CLEAR RECON CORP., ET AL.

 

 

CORAZON Q. PAED                       ARASTO FARSAD

CLEAR RECON CORP.

 

 

DEMURRER TO COMPLAINT BY U.S. BANK NATIONAL ASSOCIATION AND NATIONSTAR MORTGAGE LLC

 

 

  • Defendants Nationstar Mortgage LLC and U.S. Bank National Association, as Trustee for Master Adjustable Rate Mortgages Trust 2006-OA2 Mortgage Pass-Through Certificates, Series 2006-OA2’s Demurrer to the Complaint is OVERRULED without prejudice.

 

  • The Proof of Service does not show service on the Plaintiffs’ counsel of record, Arasto Farsad, Farsad Law Office, P.C., 2905 Stender Way, Ste. 76, Santa Clara, CA 95054.  Substitution of Attorney was filed in the record on March 5, 2015.

 

  • Demurring parties are 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 Elizabeth K. Lee, Department 17.

 

_____________________________________________________________________

9:00

9

CLJ 211017       EQUITY RESIDENTIAL MANAGEMENT, LLC VS. JOSE ELISEO

                   ALVARADO

 

 

EQUITY RESIDENTIAL MANAGEMENT, LLC    JUSTIN BREWER

JOSE ELISEO ALVARADO                  PRO/PER

 

 

DEMURRER TO COMPLAINT (UNLAWFUL DETAINER) BY JOSE ELISEO ALVARADO

 

 

  • Defendant Jose Eliseo Alvarado’s Demurrer to the Complaint is OVERRULED.   The Complaint sufficiently alleges a cause of action for Unlawful Detainer.  Defendant has raised a factual, not a legal, issue.  Because he has raised a factual issue, the Demurrer is improper because it is solely based on allegations that exceed the permissible scope of a demurrer under CCP § 430.30.

 

  • Defendant is ordered to file an answer to the Complaint within five (5) days of service of the Notice of Entry of Order.

 

  • 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 Elizabeth K. Lee, Department 17.

 

_____________________________________________________________________

9:00

10

CLJ 498916       DIAZ & ASSOCIATES, INC. VS. SHAWN M. CLARK

 

 

DIAZ & ASSOCATES, INC.                THOMAS E. STEPP

SHAWN M. CLARK

 

 

PLAINTIFF’S REQUEST TO SET ASIDE AND VACATE THE DEFAULT JUDGMENT AND PLAINTIFF’S REQUEST FOR DISMISSAL BY DIAZ & ASSOCATES, INC.

 

 

  • The unopposed Motion by Plaintiff Diaz & Associates, Inc. is GRANTED in the interest of justice.  The parties have apparently reached a settlement agreement.  The Default and Default Judgment are set aside.  Plaintiff is directed to file a dismissal of the action within five (5) days.

 

  • 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 Elizabeth K. Lee, Department 17.

 

_____________________________________________________________________

9:00

11

CLJ 533487       OAKLAND COMMUNITY LAND TRUST VS. URBANCORE, LLC,

                   ET AL.

 

 

OAKLAND COMMUNITY LAND TRUST          SUSHIL JACOB

URBANCORE, LLC

 

 

MOTION TO CONFIRM ARBITRATION AWARD BY OAKLAND COMMUNITY LAND TRUST

 

 

  • Petitioner Oakland Community Land Trust’s Petition to Confirm Arbitration Award is GRANTED pursuant to CCP § 1285.  Judgment shall be entered in favor of Petitioner pursuant to CCP § 1287.4.

 

  • 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 Elizabeth K. Lee, Department 17.

 

 

 

 

 

 


POSTED:  3:00 PM

 

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