June 30, 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

 

Wednesday, June 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 524199       EDWARD SEPULVEDA, ET AL. VS. BANK OF AMERICA, ET AL.

 

 

EDWARD SEPULVEDA                      MAZEN SALFITI

BANK OF AMERICA, N.A.                 MARK JOSEPH KENNEY

 

 

MOTION TO COMPEL FURTHER RESPONSES TO FORM INTERROGATORIES, REQUESTS FOR ADMISSION, AND REQUESTS FOR PRODUCTION OF DOCUMENTS BY SPECIALIZED LOAN SERVICING, LLC

 

 

  • Defendant’s Motion to Compel Further Responses to Form Interrogatories, Requests for Production of Documents, and Requests for Admission is DENIED as moot by virtue of the amended responses provided by Plaintiff.

 

  • The requests for Monetary Sanctions by each side are DENIED.

 

  • 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 528035   BANC OF AMERICA LEASING & CAPITAL, LLC VS. TAG MOBILE LLC

 

 

BANC OF AMERICA LEASING & CAPITAL, LLC.   KEVIN P. WHITEFORD

TAG MOBILE LLC                        DAVID B STROMBERG

 

 

MOTION TO COMPEL DEPOSITIONS OF TAG MOBILE, LLC. AND ITS PARTY AFFILIATED WITNESSES BY BANC OF AMERICA LEASING & CAPITAL, LLC.

 

 

·         Appear

 

_____________________________________________________________________
9:00

3

CIV 530868       MAXIE SMITH VS. JOHN HAWANA

 

 

MAXIE SMITH                           PRO/PER

JOHN HAWANA                           PRO/PER

 

 

MOTION TO STRIKE ANSWER BY MAXIE SMITH

 

 

·         Appear

 

______________________________________________________________________
9:00

4

CIV 531117       VICTOR M. CATANZARO, ET AL. VS ROBERT BERMAN

 

 

VICTOR M. CATANZARO                   APRIL S. GLATT

ROBERT BERMAN

 

 

MOTION FOR ATTORNEYS' FEES AND COSTS BY VICTOR M CATANZARO

 

 

  • Plaintiff’s Motion for Attorney’s Fees and Costs is GRANTED IN PART as to the request for pre-judgment costs and fees. The Motion is granted as to the request for post-judgment interest ($2,067.17), costs ($246.44), and attorney’s fees ($6,753.50) for a total of $9,067.11 bring the judgment amount to $93,602.78.  The Motion is DENIED as to the request for pre-judgment attorney fees and costs in the amount of $3,750.98.  A party seeking entry of a Default Judgment must apply for all the relief sought, including attorney’s fees, when the application is made for entry of default. [Garcia v. Politiis (2011) 192 Cal.App.4th 1474, 1479]. Default Judgment was entered in this case on December 31, 2014. The fees and costs incurred between December 16, 2014 and December 31, 2014 were prior to that date, were not included in the application seeking a default judgment, and are not recoverable by a post-judgment motion.

 

  • 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 Joseph C. Scott, Department 25.

 

_____________________________________________________________________
9:00

5

CIV 531566      MARGARITA SANTILLAN VS. MILLS PENINSULA MEDICAL CENTER

 

 

MARGARITA SANTILLAN                      AARON B. MARKOWITZ

MILLS PENINSULA MEDICAL CENTER

 

 

DEMURRER TO COMPLAINT BY VINO J. VERGHESE, M.D.

 

 

  • Pursuant to Plaintiff’s statement of non-opposition, the Court SUSTAINS WITH LEAVE TO AMEND the Demurrer to the Second and Third Causes of Action by Defendant Vino Verghese.

 

  • Plaintiff is granted leave of court until July 1, 2015, to file and serve a First Amended Complaint.  This deadline coincides with the Court’s prior ruling related to the demurrer of Defendants Thuy Nguyen and Kimberly Dalal.

 

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

6

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

 

 

CORAZON Q PAED                        ARASTO FARSAD

NATIONSTAR MORTGAGE, LLC.

 

 

DEMURRER TO COMPLAINT BY NATIONSTAR MORTGAGE, LLC., ET AL.

 

 

·         Moot.  A 1st Amended Complaint was filed on June 16, 2015.

 

______________________________________________________________________
9:00

7

CLJ 186273       SYDNEY FRANKEL VS. VICTOR ALVAREZ, ET AL.

 

 

SYDNEY FRANKEL                        TODD ROTHBARD

VICTOR ALVAREZ

 

 

MOTION FOR WITHHOLDING ORDER ON SPOUSE'S WAGES TO PAY CO-SPOUSE'S DEBT BY JOSE MEZZETTI

 

 

·         The Motion for A Withholding Order on Wages by Judgment creditor Jose Mezzetti dba Mezzetti Financial Services is DENIED without prejudice. The judgment creditor has not provided sufficient information to establish that the judgment debtor, Angelina Alvarez a.k.a. Angelina Carrion-Epps is married to Richard Epps, the person whose wages are the subject of this motion. In addition, Plaintiff has not provided sufficient information to establish the current address for the judgment debtor.

 

·         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

8

CLJ 523152       PORTFOLIO RECOVERY ASSOCIATES, LLC. VS. AMY D.

                   FERNANDEZ

 

 

PORTFOLIO RECOVERY ASSOCIATES, LLC.   EMILY PIERCE

AMY D. FERNANDEZ                      PRO/PER

 

 

MOTION FOR JUDGMENT ON PLEADINGS BY PORTFOLIO RECOVERY ASSOCIATES, LLC

 

 

·         Plaintiff’s unopposed Motion for Judgment on the Pleadings is GRANTED WITH LEAVE TO AMEND.  Defendant is granted 10 days leave to amend from service of notice of entry of order to indicate whether any of the material allegations in the Complaint are denied.  It should be noted that Paragraph 3 of the form answer is blank.

 

·         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 Joseph C. Scott, Department 25.

 

_____________________________________________________________________


 

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, June 24, 2015

 

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 524146       ESTER ADUT VS. COMMUNITY RESOURCE PROGRAM, INC., ET

                   AL.

 

 

ESTER ADUT                               ESTER ADUT

COMMUNITY RESOURCE PROJECT, INC.         MICHAEL W. BATTIN

 

 

MOTION TO RESET TRIAL DATE BY ESTER ADUT

 

 

·         For good cause shown, the Motion to reset trial date is GRANTED.  The current jury trial date of July 13, 2015 is VACATED and reset to September 21, 2015 at 9:00 a.m.  The mandatory settlement conference date of June 30, 2015 at 9:30 a.m. is VACATED and reset to September 1, 2015 at 9:30 a.m., in Dept. 21.  Plaintiff to provide notice of this order to all parties.

 

_____________________________________________________________________
9:00

2

CIV 529093       COREY JAMES BLATCHFORD VS. CAROLE LANGSTON

 

 

COREY JAMES BLATCHFORD                   MARGARET L. KIRBY

CAROLE LANGSTON                          BARBARA H. OLSEN

 

 

MOTION FOR TRIAL CONTINUANCE BY COREY JAMES BLATCHFORD

 

 

·         Notwithstanding vigorous opposition, the Court finds good cause to continue this matter.  The continuance requested is for sixty (60) days, and trial was originally set for a date only 10 months of the filing of the answer in this case.  The Court finds insufficient prejudice to justify denial of this motion.  Accordingly, the jury trial in this matter is continued to November 9, 2015 at 9:00 a.m. and the original jury trial date of August 3, 2015 is VACATED.  Mandatory Settlement Conference is reset to October 9, 2015, at 9:30 a.m., in Dept. 21 and the original mandatory settlement conference of July 21, 2015 is vacated.  Discovery deadlines will reset based on new trial date. 

The adoption of this tentative ruling at the time of the hearing on this matter will constitute the only notice of this Court’s decision on this Motion.

 

_____________________________________________________________________

 

 

 

 

 


POSTED:  3:20 PM

 

 

 

 

 

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