July 31, 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

 

Wednesday, July 27, 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

CLJ537902

DENNIS WILLIAMS VS. ZAIDA BOWERS, ETAL

 

 

DENNIS WILLIAMS

Pro/per

ZAIDA BOWERS

 

 

 

Motion to Quash

TENTATIVE RULING:

 

The Motion to Quash by Defendants is DENIED with prejudice. Defendants have previously filed an answer on April 1, 2016, and therefore are unable to file a Motion to Quash.  California Code of Civil Procedure section 418.10(e)(3); Weil & Brown, Civil Procedure Before Trial (2016) section 3:165.3, Roy v. Superior Court (Lucky Star Indus., Inc.) (2005) 127 Cal.App.4th 337, 342, fn 5.

 

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

 

LINE 2

CIV 532688

BETTY REIS, ET AL. VS. DUANE MANOR RESIDENTIAL CARE HOME

 

 

BETTY REISS

ANTHONY D. GHECEA

DUANE MANOR RESIDENTIAL CARE HOME

MICHAEL B. LEVIN

 

 

Motion for Leave to File Amended Complaint/Answer

TENTATIVE RUILING:

 

Plaintiffs Betty Reiss and Brad Reiss’ Motion for Leave to Amend Complaint to Add Fictitiously Named Party is DENIED without prejudice. Pursuant to California Rules of Court Rule 3.1324(a), “A motion to amend a pleading before trial must include a copy of the proposed amendment or amended pleading.” Plaintiffs state that copies of the proposed Third Amended Complaint and Third Amended Summons are attached as Exhibits “A” and “B” to the Declaration of Anthony D. Ghecea.  However, there are no Exhibits attached to the Declaration.  Plaintiffs have failed to comply with CRC 3.1324(a) and the motion is denied without prejudice.    

 

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

 

LINE 3

CIV 530805

LEAH GONZALEZ LEAVY VS. SUTTER HEALTH, ET AL

 

 

LEAH GONZALEZ LEAVY

PHYLLIS E. ANDELIN

SUTTER HEALTH

RAMON A. MIYAR

 

 

MOTION FOR SUMMARY JUDGMENT/SUMMARY ADJUDICATION OF ISSUES BY MILLS PENINSULA HEALTH SERVICES

TENTATIVE RULING:

 

By ex parte order, Defendant Sutter Health’s Motion for Summary Judgment is continued to August 9, 2016.

 

 

 

 

 

 

9:00

 

LINE 4

CLJ 531874      

SMELLYH MEL'S PLUMBING VS. LINDA BRACHINI

 

 

SMELLY MEL'S PLUMBING, INC

NEIL A. HELFMAN

LINDA BRACHINI

 

 

 

MOTION TO CORRECT CLERLICAL MISTAKE IN THE JUDGMENT

TENTATIVE RULING: 

 

Plaintiff’s Motion to Correct Clerical Mistake in Judgment is GRANTED.  The judgment is amended to reflect the defendant’s true name, Lynda Brocchini.

 

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.

 

9:01

 

LINE 5

CLJ 212663

RENOVATION RESOLUTIONS LLC VS. ROBERT BURNS

 

 

RENOVATION RESOLUTIONS LLC

KENNETH R. LINTHICUM

ROBERT BURNS

 

 

 

Motion to Set Aside Default/Judgment

TENTATIVE RULING: 

 

Defendant’s Motion to Set Aside Default and Default Judgment is DENIED.  Defendant’s arguments regarding bankruptcy are unavailing. Defendant filed for bankruptcy [which was later dismissed] nine months after he had already lost tile to the property in March 2015. And the bankruptcy filing by a third party which has no legitimate interest in the subject property has no bearing on this action. Defendant cites no other reason or authority to support his motion.

 

If the tentative ruling is uncontested, it shall become the order of the Court, pursuant to CRC Rule 3.1308(a)(1), adopted by Local Rule 3.10.  If the tentative ruling is uncontested, prevailing party is directed to prepare, circulate, and submit a written order reflecting this Court’s ruling verbatim for the Court’s signature, consistent with the requirements of CRC Rule 3.1312.  The proposed order is to be submitted directly to Judge Jonathan E. Karesh, Department 20.

 

 

 

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, July 27, 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

 

LINE 1

CIV 535413

AUTOBAHN MOTORS, INC., ET AL. VS. MASKAY

   CORPORATION

 

 

AUTOBAHN MOTORS, INC.

BRUCE NYE

MASKAY CORPORATION

HERMAN FRANCK

 

 

MOTION TO DEEM CASE COMPLEX

TENTATIVE RULING: 

 

The Motion To Deem Case Complex is DENIED.  The case is assigned, however, for all purposes, to Dept. 2, Judge Marie S. Weiner.  The parties should contact Dept. 2 at 650.261.5102 to obtain the next conference/hearing date in this case.

 

 

 

 

 


POSTED:  3:00 PM

 

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