February 13, 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.

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In the Superior Court of the State of California

In and for the County of San Mateo

 

Law and Motion Calendar

Judge: Honorable donald j. ayoob

Department 27

 

400 County Center, Redwood City

Courtroom 7B

 

Wednesday, February 10, 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

1

CIV 535073       OCEAN VIEW BIBLE FELLOWSHIP VS. MARVIN DAVIS, ET AL.

 

 

OCEAN VIEW BIBLE FELLOWSHIP           EDWARD W. SMITHERS

MARVIN DAVIS                          PRO/PER

 

 

MOTION OF OCEAN VIEW BIBLE FELLOWSHIP TO COMPEL PRODUCTION OF RESPONSES TO: 1) DOCUMENT DEMANDS AND FORM INTERROGATORIES, AND DOCUMENTS FROM MARVIN DAVIS 2) DOCUMENT DEMANDS AND FORM INTERROGATORIES, AND DOCUMENTS FROM TRUE BIBLE BAPTIST CHURCH

3) FORM INTERROGATORIES FROM MAUREKA DAVIS 4) FORM INTERROGATORIES

FROM STEPHEN VALERIO AND FOR SANCTIONS AGAINST ALL DEFENDANTS IN THE SUM OF $4,200

 

 

Plaintiff’s motion to compel discovery responses and for sanctions is GRANTED. 

 

 

Defendants Marvin Davis and True Bible Baptist Church are ordered to provide full and complete, verified responses, without objections to plaintiff’s form interrogatories and request for production of documents and all responsive documents within 10 court days from service of the order.

 

Defendants Maureka Davis and Stephen Valerio are ordered to provide full and complete, verified responses, without objections to plaintiff’s form interrogatories within 10 court days from service of the order.

 

 

Plaintiff is awarded sanctions of $1,400 against defendants.

 

 

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 Donald J. Ayoob, Department 27.

 

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9:00

2

CIV 535761       ALAN D. BILLER AND ASSOCIATES, INC. VS. FIDUCIARY

                   RESEARCH AND CONSULTING LLC, ET AL.

 

 

ALAN D. BILLER & ASSOCIATES, INC.     RANDALL M. WIDMANN

FIDUCIARY RESEARCH AND CONSULTING, LLC MARIE ELIZABETH JONAS

 

 

DEMURRER TO COMPLAINT of ALAN D. BILLER & ASSOCIATES, INC. BY GREG SIEMONS, ET AL.

 

 

 

 

DEMURRER TO COMPLAINT of ALAN D. BILLER & ASSOCIATES, INC. BY FIDUCIARY RESEARCH AND CONSULTING, LLC, ET AL.

 

 

 

 

MOTION TO STRIKE PORTIONS OF PLAINTIFF'S COMPLAINT BY GREG SIEMONS, ET AL.

 

 

 

Plaintiff having informed the Court of their intent to file an amended complaint, but no such amended pleading having been filed, the matter is continued on the Court’s own motion to February 26, 2016.

 

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9:00

3

CIV 535881       TREYANA PIERCE VS. DITECH FINANCIAL LLC, ET AL.

 

 

TREYANA PIERCE                        GAGIK STEPANYAN

DITECH FINANCIAL LLC                  GURINDER S. GREWAL

 

 

DEMURRER TO FIRST Amended COMPLAINT of PIERCE BY DITECH FINANCIAL LLC, ET AL.

 

 

The demurrer to all causes of action on the ground of standing is OVERRULED. Defendant admits that the claim belongs to the borrower. The complaint alleges that Plaintiff was appointed the administrator of the borrower’s estate. (FAC ¶¶ 27 & 24.)  The complaint alleges that Plaintiff brings this action “on behalf of” the borrower’s estate. (FAC ¶1.) Therefore, the complaint alleges that Plaintiff has standing.  Defendant’s citation to Austin v. Ocwen Loan Servicing, LLC (E.D. Cal. Jul. 2014) No. 14- cv- 00970 JAM -AC, 2014 WL 3845182) is misplaced. In that action, Plaintiff held title to the house, but did not represent the borrower. The Court noted that Plaintiff “has not alleged that she has authority to sue on behalf of [borrower].” (Austin, supra, at *3.) In contrast, Plaintiff in this case alleges that she is authorized to sue on behalf of the borrower.

 

 

Demurrer to the Fifth Cause of Action is OVERRULED. (Rosenfeld v. Nationstar Mortgage, LLC (C.D. Cal. Feb. 3, 2014) 2014 WL 457920, at *6 [“threat of a foreclosure is sufficient to establish standing to assert a UCL claim”].)

 

 

Defendant shall file and serve an Answer no later than February 24, 2016.

 

 

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

4

CLJ 473216       PACIFIC SERVICE CREDIT UNION VS. VANESSA COLEMAN

 

 

PACIFIC SERVICE CREDIT UNION          TROY M. WILKINSON

VANESSA COLEMAN

 

 

MOTION TO TAX OR STRIKE COSTS FILED BY VAN F. BANKS

 

 

The Motion to Tax or Strike Costs is DENIED because moving Defendant has not demonstrated sufficient good cause to warrant a reduction in the amounts requested. 

 

 

In the Court file there is a Writ of Execution Final Return to Court that shows as of March 18, 2009 shows that the Judgment of $28,692.11 together with interest and fees increased to $34,872.58. $17,786.54 was paid toward the amount leaving a balance of $17,086.04. This would be as of March 18, 2009. At 10% interest the judgment would generate interest of $1,708.60 per year. As of March 18, 2014 (five years) interest alone would be an addition $8,543.00. As of Dec. 18, 2015 the total is $9,824.42.

 

____________________________________________________________________


9:00

5

CLJ 535679       IN RE: $1,115.00

 

 

PEOPLE OF THE STATE OF CALIFORNIA     MEGAN WILKINS

JASON SCOTT TREMAINE

 

 

MOTION FOR SANCTIONS AND TO COMPEL ANSWERS TO INTERROGATORIES BY PEOPLE OF THE STATE OF CALIFORNIA

 

 

Petitioner’s motion to compel interrogatory responses and for sanctions is GRANTED IN PART.  This is a limited jurisdiction case.  Petitioner has exceeded the number of discovery requests permitted under CCP §94.  Jason Scott Tremaine is ordered to provide full and complete verified answers, without objection, to the first 35 interrogatories within 10 days after service of this order. Petitioner’s request for sanctions is DENIED.

 

 

MOTION FOR ORDER THAT REQUESTS FOR ADMISSION BE DEEMED ADMITTED AND FOR MONETARY SANCTIONS BY PEOPLE OF THE STATE OF CALIFORNIA

 

 

Petitioner’s motion for an order that requests for admissions be deemed admitted and for monetary sanctions is DENIED.  Petitioner has exceeded the number of discovery requests permitted by CCP §94.

 

 

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 Donald J. Ayoob, Department 27.

 

____________________________________________________________________________

 

 

 

In the Superior Court of the State of California

In and for the County of San Mateo

 

Presiding Judge Law and Motion Calendar

Judge: HONORABLE JOHN L. GRANDSAERT

Department 11

 

400 County Center, Redwood City

Courtroom 2D

 

Wednesday, February 10, 2016

 

If you plan to appear on any case on this calendar,

 you must call (650) 261-5111 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

9:00

1

CIV 535304       AARON VAN FLEET, ET AL. VS. TRION WORLDS, INC.

 

 

AARON VAN FLEET                       ELIZABETH A ADAMS

TRION WORLDS, INC.                    JOHN PAUL PHILLIPS

 

 

COMPLEX CASE STATUS CONFERENCE

 

 

·         This matter is deemed and designated complex, and is assigned to Judge Marie Weiner, Department 2, for all purposes.  The parties should contact Judge Weiner’s department at 650.261.5102 in order to obtain their next appearance date in this case.

 

 

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POSTED:  3:00 PM

 

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