Law And Motion 302, Plaintiff Barbara Williams Motion For Order Of
Contempt - Motion Withdrawn Per Moving Party. Judge: Charlotte Walter
Woolard, Reporter: Kent Gubbine, Csr #5797
Notice Of Motion For Order Of Contempt, Proof Of Service, Points And
Authorities, Declaration Filed By Plaintiff
Williams, Barbara
Hearing Set For Sep-16-2010 At 09:30 Am In Dept 302
Law And Motion 302, Plaintiff Barbara Williams Motion To Reconsider
And Revoke Order Enforcing Settlement. No Appearances On This Matter.
The Court Adopted Its Tentative Ruling As Follows: Motion Denied. No
New Or Different Facts Presented To Support Motion For
Reconsideration. (prevailing Party To Prepare A Form Of Order.) Judge:
Charlotte Walter Woolard, Reporter: Kent Gubbine, Csr #5797
Declaration Of Spenceer F. Smith In Support Of Pltf's Motion To
Reconsider And Revoke Order Enforcing Settlement; Pos Filed By
Plaintiff
Williams, Barbara
Declaration Of Daniel C. Taylor Esq. In Support Of Deft's Reponse To
Pltf's Mtn To Enforce Settlement Filed By Defendant
Yee, Julie An Individual
Yee, David An Individual
Notice Of Motion To Reconsider And Revoke Order Enforcing Settlement,
Proof Of Service, Points And Authorities Filed By Plaintiff
Williams, Barbara
Hearing Set For Dec-22-2009 At 09:30 Am In Dept 302
Law And Motion 302, Plaintiff Barbara Williams Motion To Enforce
Settlement Is Denied Without Prejudice. Defendant's Motion To Enforce
Settlement Was Granted March 23, 2009. Although The Court's Ruling Has
Not Yet Been Reduced To A Written Order, That Ruling Remains Valid
Unless Set Aside Or Vacated. Judge: Charlotte Walter Woolard; Court
Reporter: Kent Gubbine Csr 5797
Response To Pltf's Motion To Enforce Settlement; Memo Of P&a;
Declaration Of Daniel C. Taylor, Esq. In Support Thereof Filed By
Defendant
Yee, Julie An Individual
Yee, David An Individual
Declaration Of Daniel C. Taylor, Esq. In Support Of Defts Response To
Pltf's Motion To Enforce Settlement Filed By Defendant
Yee, Julie An Individual
Yee, David An Individual
Notice Of Motion And Motion To Enforce Settlement; Memorandum Of P/a
In Support; Declaration Of Dow W. Patten In Support Thereof, Proof Of
Service, Declaration Filed By Plaintiff
Williams, Barbara
Hearing Set For Oct-01-2009 At 09:30 Am In Dept 302
Law And Motion 302, Defendant Julie Yee, And, David Yee's Motion To
Enforce Settlement Between Plaintiff Barbara Williams And Defendants.
No Appearances On This Matter. The Court Adopted Its Tentative Ruling
As Follows: Granted. No Opposition Filed. Prevailing Party To Prepare
A Form Of Order. Judge: Charlotte Walter Woolard, Reporter: Kent
Gubbine, Csr 5759
Continued Order To Show Cause Re: Dismissal (crc 3.1385)
Crc 3.1385 Order To Show Cause Of Mar-03-2009 Continued To May-12-2009
At 10:00 Am In Dept. 212. Notice Sent By Court.
73
Filed: 2/23/2009, Entered: 2/23/2009
Notice Of Motion To Enforce Settlement, Proof Of Service, Points And
Authorities, Declaration Filed By Defendant
Yee, Julie An Individual
Yee, David An Individual
Hearing Set For Mar-23-2009 At 09:30 Am In Dept 302
Removed From Settlement Conference Calendar Set For Dec-19-2008 - Case
Settled. Assigned To Dept. 212 On Feb-03-2009 At 10:00 Am For
Dismissal Per Crc 3.1385.
Order To Show Cause To Plaintiff's Counsel, For Failure To Comply With
San Francisco Superior Court Early Settlement Program Policies And
Procedures Number Four, Administrative Fee Is Ordered Off Calendar/fee
Paid. Proceedings Not Reported. (212)
Order To Show Cause To Plaintiff's Counsel Set For Nov-13-2008
Continued To Dec-11-2008 At 10:30 Am In Dept. 212 For Failure To
Comply With San Francisco Superior Court Early Settlement Program
Policies And Procedures No 4 (administrative Fee). Notice Sent By
Court.
65
Filed: 11/13/2008, Entered: 11/13/2008
Mini-minutes For Nov-13-2008 10:30 Am For Dept 212
Order To Show Cause To Plaintiff's Counsel Set For Oct-09-2008
Continued To Nov-13-2008 At 10:30 Am In Dept. 212 For Failure To
Comply With San Francisco Superior Court Early Settlement Program
Policies And Procedures No 4 (administrative Fee). Oct-09-2008
Miscellaneous Order To Show Cause Is Off Calendar. Notice Sent By
Court.
Order To Show Cause To Spencer Smith Set For Oct-09-2008 At 10:30 Am
In Dept. 212 For Failure To Comply With San Francisco Superior Court
Early Settlement Program Policies And Procedures No 4 (administrative
Fee) Notice Sent By Court.
Notice Of Time And Place Of Trial And Mandatory Settlement Conference
Notice Of Time And Place Of Trial, Jury Trial Set For Jan-12-2009 At
9:30 Am In Dept. 206.
Notice Of Mandatory Settlement Conference On Dec-29-2008 At 3:30 Pm In
Department 303. Notice Sent By Court.
60
Filed: 4/2/2008, Entered: 4/2/2008
Removed From Settlement Conference Calendar Set For Sep-04-2008 - By
Court.
Objection To Notification Of Time And Place Of Trial And Mandatory
Settlement Conference Filed By Defendant
Yee, Julie An Individual
Yee, David An Individual
Notice Of Time And Place Of Trial And Mandatory Settlement Conference
Notice Of Mandatory Settlement Conference On Sep-04-2008 At 3:00 Pm In
Department 501.
Notice Of Time And Place Of Trial, Jury Trial Set For Sep-22-2008 At
9:30 Am In Dept. 206. Case Management Conference On Mar-28-2008 Is Off
Calendar. Notice Sent By Court.
Case Management Conference Of Feb-01-2008 Continued To Mar-28-2008 At
9:00 Am In Dept. 212. Notice Sent By Court.
52
Filed: 1/3/2008, Entered: 1/3/2008
Law And Motion 302, Defendants Julie Yee And David Yee's Demurrer To
Second Amended Complaint. Argued And The Court Modifies The Tentative
Ruling. The Demurrer Is Sustained (to Address What Plaintiff Is
Contending Needs To Be Done To Address The Nuisance), With Thirty Days
Leave To Amend. Judge: Patrick J. Mahoney, Reporter: Maria Torreano,
Csr 8600 (see Minutes For Details)
Law And Motion 302, Defendants Julie Yee And David Yee's Demurrer To
Second Amended Complaint Continued From Nov-30-2007 To Jan-03-2008.
Moving Party To Provide Courtesy Copies Of Their Papers Along With A
Cover Letter Reflecting The New Hearing Date. Judge: Patrick J.
Mahoney, Reporter: Maria Torreano, Csr 8600
Law And Motion 302, Defendants Julie Yee And David Yee's Demurrer To
Second Amended Complaint For Damages. The Court Adopted Its Tentative
Ruling - Continued From Oct-24-2007 To Nov-30-2007, 9:30 Am In Dept.
302. Moving Party To Provide Courtesy Copies With Cover Letter
Reflecting New Date. Judge: John K. Stewart, Reporter: Susan Crozier,
Csr #4761
Demurrer To 2nd Amended Complaint, Proof Of Service, Points And
Authorities, Declaration Filed By Defendant
Yee, Julie An Individual
Yee, David An Individual
Hearing Set For Oct-24-2007 At 09:30 Am In Dept 302
Summons On Complaint, Proof Of Service Only, Filed By Plaintiff
Williams, Barbara
Served Aug-28-2007, Personal Service On Defendant
Yee, Julie An Individual
Summons On Complaint, Proof Of Service Only, Filed By Plaintiff
Williams, Barbara
Served Aug-28-2007, Personal Service On Defendant
Yee, David An Individual
Order Sustaining Demurrer To First Amended Complaint.
36
Filed: 7/25/2007, Entered: 7/25/2007
Law And Motion 302, Defendants Julie Yee And David Yee's Demurrer To
First Amended Complaint. No Appearances On This Matter. Court Adopts
Its Tentative Ruling: Sustained With One Final Opportunity To Amend
Within Twenty Days. Plaintiff Has Not Alleged Facts Establishing A
Basis For A Continuing Nuisance. Plaintiff's Facts All Relate To The
Construction Of The Patio In 1993 (paragraphs 7 And 8). Paragraph 14
Is A Legal Conclusion, Not A Statement Of Fact. Judge: Patrick J.
Mahoney, Reporter: Maria Torreano, Csr #8600
Demurrer To 1st Amended Complaint, Proof Of Service, Points And
Authorities, Declaration Filed By Defendant
Yee, Julie An Individual
Yee, David An Individual
Hearing Set For Jul-25-2007 At 09:30 Am In Dept 302
Order To Show Cause Set For Jun-11-2007 Continued To Jul-23-2007 At
1:30 Pm In Dept. 212 For Failure To File Proof Of Service On
Defendant(s) And Obtain Answer(s), Or Enter Default(s) As To First
Amended Complaint. Jun-11-2007 Order To Show Cause Is Off Calendar.
Notice Sent By Court.
Order To Show Cause Set For Apr-30-2007 Continued To Jun-11-2007 At
1:30 Pm In Dept. 212 For Failure To Obtain An Answer(s) From, Or Enter
Default(s) Against, Defendant(s). Apr-30-2007 Order To Show Cause Is
Off Calendar. Notice Sent By Court.
Law And Motion 302, No Appearances On This Matter. The Court Adopted
Its Tentative Ruling: Defendants Julie Yee, David Yee's Amended Motion
To Strike Complaint. Attorneys' Fees And Punitive Damages Are Granted
With Leave To Amend. Judge: Patrick J. Mahoney, Reporter: Denise
Doucette, Csr 5963
Law And Motion 302, No Appearances On This Matter. The Court Adopted
Its Tentative Ruling: Defendants Julie Yee, David Yee's Amended
Demurrer To Complaint Is Sustained With Leave To Amend To Plead Facts
Demonstrating Why The Complaint Is Not Barred By The Statute Of
Limitations. Judge: Patrick J. Mahoney, Reporter: Denise Doucette, Csr
5963
Law And Motion 302, Defendants Julie Yee And David Yee's Motion To
Strike Complaint Is Continued To April 6, 2007 Per Amended Notice.
Judge: Patrick J. Mahoney, Reporter: Karla Ellis-davis, Csr 12998.
Law And Motion 302, Defendants Julie Yee And David Yee's Demurrer To
Complaint Is Continued To April 6, 2007 Per Amended Notice. Judge:
Patrick J. Mahoney, Reporter: Karla Ellis-davis, Csr 12998.
Order To Show Cause Set For Mar-19-2007 Continued To Apr-30-2007 At
1:30 Pm In Dept. 212 For Failure To Obtain An Answer(s) From, Or Enter
Default(s) Against, Defendant(s). Mar-19-2007 Order To Show Cause Is
Off Calendar. Notice Sent By Court.
Amended Motion To Strike Complaint, Proof Of Service, Points And
Authorities Filed By Defendant
Yee, Julie An Individual
Yee, David An Individual
Hearing Set For Apr-06-2007 At 09:30 Am In Dept 302
Amended Demurrer To Complaint, Proof Of Service, Points And
Authorities Filed By Defendant
Yee, Julie An Individual
Yee, David An Individual
Hearing Set For Apr-06-2007 At 09:30 Am In Dept 302
Overpayment On Mtn To Strike; Receipt Tag 24893, Tran # B5207222o005,
Tag # 017619 Filed By Defendant
Yee, Julie An Individual
Yee, David An Individual
Motion To Strike Complaint, Proof Of Service, Points And Authorities,
Declaration Portion Of Pltf's Complt Filed By Defendant
Yee, Julie An Individual
Yee, David An Individual
Hearing Set For Mar-19-2007 At 09:30 Am In Dept 302
Demurrer To Complaint, Points And Authorities, Declaration Filed By
Defendant
Yee, Julie An Individual
Yee, David An Individual
Hearing Set For Mar-19-2007 At 09:30 Am In Dept 302
Order To Show Cause Set For Feb-05-2007 Continued To Mar-19-2007 At
1:30 Pm In Dept. 212 For Failure To Obtain An Answer(s) From, Or Enter
Default(s) Against, Defendant(s). Feb-05-2007 Order To Show Cause Is
Off Calendar. Notice Sent By Court.
Order To Show Cause Set For Feb-05-2007 In Department 212 At 1:30 Pm
For Failure To Obtain An Answer(s) From, Or Enter Default(s) Against,
Defendant(s). The Dec-22-2006 Case Management Conference Is Off
Calendar. Notice Sent By Court.
Summons On Complaint, Proof Of Service Only, Filed By Plaintiff
Williams, Barbara
Served Aug-07-2006, Substitute Service On Natural Person On Defendant
Yee, Julie An Individual
Summons On Complaint, Proof Of Service Only, Filed By Plaintiff
Williams, Barbara
Served Aug-07-2006, Substitute Service On Natural Person On Defendant
Yee, David An Individual
Personal Injury/property Damage - Non-vehicle Related, Complaint Filed
By Plaintiff
Williams, Barbara
As To Defendant
Yee, Julie An Individual
Yee, David An Individual
Does 1-50, Inclusive
Summons Issued, Judicial Council Civil Case Cover Sheet Filed
Case Management Conference Scheduled For Dec-22-2006
Proof Of Service Due On Sep-25-2006
Case Management Statement Due On Dec-07-2006
Crc 3.1385 Order To Show Cause
Off Calendar Sep-17-2010 Off Calendar
Date: 9/16/2010, Time: 09:30:00, Status: None
Notice Of Motion For Order Of Contempt
Off Calendar Sep-16-2010 Text Ruling
Tentative Ruling: Set For Hearing On Thursday, September 16, 2010, Line 1. Plaintiff Barbara Williams's Motion For Order Of Contempt. Motion Withdrawn Per Moving Party. =(302/cww)
Mini Minutes:
Plaintiff Barbara Williams Motion For Order Of Contempt.
Ruling:
No Appearance On This Matter. The Court Adopted Its Tentative Ruling - Motion Withdrawn Per Moving Party. (302/cww) Judge: Charlotte Walter Woolard, Reporter: Kent Gubbine, Csr #5797
Date: 8/10/2010, Time: 10:00:00, Status: None
Crc 3.1385 Order To Show Cause
Off Calendar Aug-12-2010 Continued To Sep-21-10 At 10:00 A.m. In Dept 212
Mini Minutes: Appearance For Plaintiff And Defendant. The Osc Is Re-set To 7/21/2010 At 10:00 Am, In Department 212. Proceedings Not Reported. (212)
Date: 6/15/2010, Time: 10:00:00, Status: None
Crc 3.1385 Order To Show Cause
Off Calendar Jun-18-2010 Continued To Aug-10-10 At 10:00 A.m. In Dept 212
Mini Minutes: Appearance For Plaintiff And Defendants.
The Osc Is Re-set To 8/10/2010 At 10:00 Am, In Department 212. Proceedings Not Reported. (212)
Date: 3/16/2010, Time: 10:00:00, Status: None
Crc 3.1385 Order To Show Cause
Off Calendar Mar-16-2010 Continued To Jun-15-10 At 10:00 A.m. In Dept 212
Mini Minutes: Appearance For Plaintiff. Karen L. Vander Meer, Esq., Appearing For Defendant Julie Yee. The Osc Is Re-set To 6/15/2010 At 10:00 Am, In Department 212. Proceedings Not Reported. (212)
Date: 1/12/2010, Time: 10:00:00, Status: None
Crc 3.1385 Order To Show Cause
Off Calendar Dec-30-2009 Continued To Mar-16-10 At 10:00 A.m. In Dept 212
Date: 12/22/2009, Time: 09:30:00, Status: None
Notice Of Motion To Reconsider And Revoke Order Enforcing Settlement
Off Calendar Dec-22-2009 Text Ruling
Tentative Ruling: Set For Hearing On Tuesday,
December 22, 2009,
Line 5, Plaintiff Barbara Williams Motion To Reconsider And Revoke Order Enforcing Settlement. Motion Denied. No New Or Different Facts Presented To Support Motion For Reconsideration. =(302/cww)
Mini Minutes: Plaintiff Barbara Williams Motion To Reconsider And Revoke Order Enforcing Settlement. No Appearances On This Matter. The Court Adopted Its Tentative Ruling As Follows: Motion Denied. No New Or Different Facts Presented To Support Motion For Reconsideration. (prevailing Party To Prepare A Form Of Order.) (302/cww)judge: Charlotte Walter Woolard; Court Reporter: Kent Gubbine Csr 5797
Date: 11/17/2009, Time: 10:00:00, Status: None
Crc 3.1385 Order To Show Cause
Off Calendar Nov-10-2009 Continued To Jan-12-10 At 10:00 A.m. In Dept 212
Date: 10/1/2009, Time: 09:30:00, Status: None
Notice Of Motion And Motion To Enforce Settlement; Memorandum Of P/a In Support; Declaration Of Dow W. Patten In Support Thereof
Off Calendar Oct-01-2009 Text Ruling
Tentative Ruling: Set For Hearing On Thursday,
October 1, 2009, Line 1, Plaintiff Barbara Williams Motion To Enforce Settlement. Plaintiff's Motion To Enforce Settlement Denied Without Prejudice. Defendant's Motion To Enforce Settlement Was Granted March 23, 2009. Although The Court's Ruling Has Not Yet Been Reduced To A Written Order, That Ruling Remains Valid Unless Set Aside Or Vacated. =(302/cww)
Mini Minutes: Plaintiff Barbara Williams Motion To Enforce Settlement. Appearances: Dow W. Patten, Esq. Law Offices Of Spencer F. Smith (415) 520-6950 Appearing For Plaintiff And Moving Party. (plaintiff's Counsel Is Not Contesting The Tentative Ruling.) The Court Adopted Its Tentative Ruling As Follows: Plaintiff's Motion To Enforce Settlement Denied Without Prejudice. Defendant's Motion To Enforce Settlement Was Granted March 23, 2009. Although The Court's Ruling Has Not Yet Been Reduced To A Written Order, That Ruling Remains Valid Unless Set Aside Or Vacated. (302/cww)judge: Charlotte Walter Woolard; Court Reporter: Kent Gubbine Csr 5797
Date: 9/15/2009, Time: 10:00:00, Status: None
Crc 3.1385 Order To Show Cause
Off Calendar Sep-02-2009 Continued To Nov-17-09 At 10:00 A.m. In Dept 212
Date: 7/14/2009, Time: 10:00:00, Status: None
Crc 3.1385 Order To Show Cause
Off Calendar Jul-14-2009 Continued To Sep-15-09 At 10:00 A.m. In Dept 212
Date: 5/12/2009, Time: 10:00:00, Status: None
Crc 3.1385 Order To Show Cause
Off Calendar Apr-29-2009 Continued To Jul-14-09 At 10:00 A.m. In Dept 212
Date: 3/23/2009, Time: 09:30:00, Status: None
Notice Of Motion To Enforce Settlement
Off Calendar Mar-23-2009 Text Ruling
Tentative Ruling: Set For Hearing On Monday, March 23, 2009, Line 3, Defendant Julie Yee, And, David Yee's E Of Motion To Enforce Settlement. Granted. No Opposition Filed. =(302/cww)
Mini Minutes: Defendant Julie Yee, And, David Yee's Motion To Enforce Settlement Between Plaintiff Barbara Williams And Defendants. No Appearances On This Matter. The Court Adopted Its Tentative Ruling As Follows: Granted. No Opposition Filed. Prevailing Party To Prepare A Form Of Order. (302/cww)judge: Charlotte Walter Woolard, Reporter: Kent Gubbine, Csr 5759
Date: 3/3/2009, Time: 10:00:00, Status: None
Crc 3.1385 Order To Show Cause
Off Calendar Feb-26-2009 Continued To May-12-09 At 10:00 A.m. In Dept 212
Date: 2/3/2009, Time: 10:00:00, Status: None
Crc 3.1385 Order To Show Cause
Off Calendar Jan-28-2009 Continued To Mar-03-09 At 10:00 A.m. In Dept 212
Date: 1/12/2009, Time: 09:30:00, Status: None
Master Calendar Jury
Off Calendar Dec-30-2008 Vacated
Date: 12/29/2008, Time: 15:30:00, Status: None
Mandatory Settlement Conference
Off Calendar Nov-20-2008 Advanced From Dec-29-08 To Dec-19-08 At 03:00 P.m. In Dept 303
Date: 12/19/2008, Time: 15:00:00, Status: None
Other Settlement Conference
Off Calendar Dec-16-2008 Case Settled - Set For Crc 3.1385 Hrg On Feb-03-09 At 10:00 A.m. In Dept 212
Date: 12/11/2008, Time: 10:30:00, Status: None
Miscellaneous Order To Show Cause
Off Calendar Dec-11-2008 Text Ruling
Tentative Ruling: Order To Show Cause To Plaintiff's Counsel, For Failure To Comply With San Francisco Superior Court Early Settlement Program Policies And Procedures Number Four, Administrative Fee, Is, Off Calendar. No Appearance Is Required. =(212)
Mini Minutes: Order To Show Cause To Plaintiff's Counsel, For Failure To Comply With San Francisco Superior Court Early Settlement Program Policies And Procedures Number Four, Administrative Fee Is Ordered Off Calendar/fee Paid. Proceedings Not Reported. (212)
Date: 11/13/2008, Time: 10:30:00, Status: None
Miscellaneous Order To Show Cause
Off Calendar Nov-17-2008 Continued To Dec-11-08 At 10:30 A.m. In Dept 212
Tentative Ruling: Order To Show Cause To Plaintiff's Counsel, For Failure To Comply With San Francisco Superior Court Early Settlement Program Policies And Procedures Number Four, Administrative Fee, Is, Off Calendar. No Appearance Is Required. Order To Show Cause Is Continued To December 11, 2008 At 10:00 Am, In Department 212. Court To Give Notice. Please Note: Attempted Payment With Credit Card Invalid.= (212)
Mini Minutes: Order To Show Cause To Plaintiff's Counsel For Failure To Comply With San Francisco Superior Court Early Settlement Program Policies And Procedures No. 4. (administrative Fee) Is Ordered Continued To 12/11/2008 At 10:30 Am, In Department 212. Note: Attempted Payment With Credit Card Invalid. Proceedings Reported By: Linda Foster, Csr# 13286. (212)
Date: 10/9/2008, Time: 10:30:00, Status: None
Miscellaneous Order To Show Cause
Off Calendar Oct-10-2008 Continued To Nov-13-08 At 10:30 A.m. In Dept 212
Tentative Ruling: Order To Show Cause To Plaintiff's Counsel, For Failure To Comply With San Francisco Superior Court Early Settlement Program Policies And Procedures Number Four, Administrative Fee, Is Off Calendar. No Appearance Is Required. You Will Receive Notice Of Your Next Appearance Date In The Mail.=(212)
Date: 9/22/2008, Time: 09:30:00, Status: None
Master Calendar Jury
Off Calendar Apr-02-2008 Set For Trial On Jan-12-09 At 09:30 A.m. In Dept 206; Settlement Conference On Dec-29-08 At 03:30 P.m. In Dept 303
Date: 9/4/2008, Time: 15:00:00, Status: None
Mandatory Settlement Conference
Off Calendar Apr-02-2008 Off Calendar
Date: 3/28/2008, Time: 09:00:00, Status: None
Case Management Conference
Off Calendar Mar-19-2008 Set For Trial On Sep-22-08 At 09:30 A.m. In Dept 206; Settlement Conference On Sep-04-08 At 03:00 P.m. In Dept 501
Date: 2/1/2008, Time: 09:00:00, Status: None
Case Management Conference
Off Calendar Jan-23-2008 Continued To Mar-28-08 At 09:00 A.m. In Dept 212
Date: 1/3/2008, Time: 09:30:00, Status: None
Demurrer To 2nd
Amended Complaint
Off Calendar Jan-03-2008 Text Ruling
Tentative Ruling: Set For Hearing On Thursday, January 3, 2008
Line 4.
Defendants Julie Yee And David Yee's Demurrer To Second Amended Complaint: The Demurrer Is Overruled; 10 Days To Answer.
Plaintiff Has Alleged A Continuing Nuisance Within The Meaning Of Baker V. Burbank-glendale-pasadena Airport (1985) 39 Cal.3d 862, 868-872.
Baker Directs The Trial Courts Not To Expand The Concept Of A Permanent Nuisance.
Here, The Closest Analogous Decision Is Tracy V. Ferrera (1956) 144 Cal.app.2d 156, 158 Cited With Approval In Baker.
Moreover, The Court In Baker Made Clear That If There Is Any Ambiguity In The Nature Of The Nuisance, Plaintiff May Elect.
It Is True That The 1993 Construction On Defendant's Property Is The Source Of The Nuisance; However, The Nuisance Results From The Periodic Flow Of Water And Plaintiff Has Alleged That The Nuisance Can Be Cured. This Also Is A Factor In Determining Whether A Nuisance Is Permanent Or Continuing.
Phillips V. City Of Pasadena (1945) 27 Cal.2d 104, 107-108.
=(302/pjm/vc)
Mini Minutes: Defendants Julie Yee And David Yee's Demurrer To Second Amended Complaint.
Appearances:
Spencer Smith, Esquire (415.520.6950) Appearing For Plaintiff.
Daniel C. Taylor, Esquire (gilbert Kelly Crowley & Jennett, 415.352.6407) Appearing For Defendant.
Ruling:
Argued And The Court Modifies The Tentative Ruling.
The Demurrer Is Sustained (to Address What Plaintiff Is Contending Needs To Be Done To Address The Nuisance), With Thirty Days Leave To Amend.
Plaintiff Has Alleged A Continuing Nuisance Within The Meaning Of Baker V. Burbank-glendale-pasadena Airport (1985) 39 Cal.3d 862, 868-872.
Baker Directs The Trial Courts Not To Expand The Concept Of A Permanent Nuisance.
Here, The Closest Analogous Decision Is Tracy V. Ferrera (1956) 144 Cal.app.2d 156, 158 Cited With Approval In Baker.
Moreover, The Court In Baker Made Clear That If There Is Any Ambiguity In The Nature Of The Nuisance, Plaintiff May Elect.
It Is True That The 1993 Construction On Defendant's Property Is The Source Of The Nuisance; However, The Nuisance Results From The Periodic Flow Of Water And Plaintiff Has Alleged That The Nuisance Can Be Cured. This Also Is A Factor In Determining Whether A Nuisance Is Permanent Or Continuing.
Phillips V. City Of Pasadena (1945) 27 Cal.2d 104, 107-108.
(302/pjm/vc) Judge: Patrick J. Mahoney, Reporter: Maria Torreano, Csr 8600
Date: 12/21/2007, Time: 09:00:00, Status: None
Case Management Conference
Off Calendar Dec-10-2007 Continued To Feb-01-08 At 09:00 A.m. In Dept 212
Date: 11/30/2007, Time: 09:30:00, Status: None
Demurrer To 2nd
Amended Complaint
Off Calendar Nov-30-2007 Continued To Jan-03-08 At 09:30 A.m. In Dept 302
Tentative Ruling: Set For Hearing On Friday, November 30, 2007, Line 7.
Defendants Julie Yee And David Yee's Demurrer To Second Amended Complaint Is Continued To January 3, 2008. Moving Party To Provide Courtesy Copies Of Their Papers Along With A Cover Letter Reflecting The New Hearing Date.
=(302/pjm)
Mini Minutes: Defendants Julie Yee And David Yee's Demurrer To Second Amended Complaint.
No Appearances On This Matter.
Court Adopts Its Tentative Ruling: Continued To January 3, 2008. Moving Party To Provide Courtesy Copies Of Their Papers Along With A Cover Letter Reflecting The New Hearing Date.
(302/pjm) Judge: Patrick J. Mahoney, Reporter: Maria Torreano, Csr 8600
Date: 11/9/2007, Time: 09:00:00, Status: None
Case Management Conference
Off Calendar Oct-29-2007 Continued To Dec-21-07 At 09:00 A.m. In Dept 212
Date: 10/24/2007, Time: 09:30:00, Status: None
Demurrer To 2nd
Amended Complaint
Off Calendar Oct-24-2007 Continued To Nov-30-07 At 09:30 A.m. In Dept 302
Tentative Ruling: Set For Hearing On Wednesday, October 24, 2007, Line 5, Defendants Julie Yee And David Yee's Demurrer To Second Amended Complaint Is Continued To November 30, 2007. Moving Party To Provide Courtesy Copies With Cover Letter Reflecting New Date. =(302/jks)
Mini Minutes: Defendants Julie Yee And David Yee's Demurrer To Second Amended Complaint For Damages.
Ruling:
No Appearance On This Matter. The Court Adopted Its Tentative Ruling - Continued To November 30, 2007. Moving Party To Provide Courtesy Copies With Cover Letter Reflecting New Date. (302/jks) Judge: John K. Stewart, Reporter: Susan Crozier, Csr #4761
Date: 9/28/2007, Time: 09:00:00, Status: None
Case Management Conference
Off Calendar Sep-18-2007 Continued To Nov-09-07 At 09:00 A.m. In Dept 212
Date: 7/25/2007, Time: 09:30:00, Status: None
Demurrer To 1st
Amended Complaint
Off Calendar Jul-25-2007 Text Ruling
Tentative Ruling: Set For Hearing On Wednesday, July 25, 2007, Line 7
Defendants Julie Yee And David Yee's Demurrer To First Amended Complaint Is Sustained With One Final Opportunity To Amend Within Twenty Days.
Plaintiff Has Not Alleged Facts Establishing A Basis For A Continuing Nuisance. Plaintiff's Facts All Relate To The Construction Of The Patio In 1993 (paragraphs 7 And 8). Paragraph 14 Is A Legal Conclusion, Not A Statement Of Fact.
=(302/pjm/ap)
Mini Minutes: Defendants Julie Yee And David Yee's Demurrer To First Amended Complaint.
No Appearances On This Matter.
Court Adopts Its Tentative Ruling: Sustained With One Final Opportunity To Amend Within Twenty Days.
Plaintiff Has Not Alleged Facts Establishing A Basis For A Continuing Nuisance. Plaintiff's Facts All Relate To The Construction Of The Patio In 1993 (paragraphs 7 And 8). Paragraph 14 Is A Legal Conclusion, Not A Statement Of Fact.
(302/pjm/ap)
Judge: Patrick J. Mahoney, Reporter:
Maria Torreano, Csr 8600
Date: 7/23/2007, Time: 13:30:00, Status: None
Order To Show Cause
Off Calendar Jul-17-2007 Continued To Sep-28-07 At 09:00 A.m. In Dept 212
Date: 6/11/2007, Time: 13:30:00, Status: None
Order To Show Cause
Off Calendar May-30-2007 Continued To Jul-23-07 At 01:30 P.m. In Dept 212
Date: 4/30/2007, Time: 13:30:00, Status: None
Order To Show Cause
Off Calendar Apr-17-2007 Continued To Jun-11-07 At 01:30 P.m. In Dept 212
Date: 4/6/2007, Time: 09:30:00, Status: None
Amended Demurrer To Complaint
Off Calendar Apr-06-2007 Sustained
Tentative Ruling: Set For Hearing On Friday, April 6, 2007, Line 7 Defendant Julie Yee, David Yee's Amended Demurrer To Complaint Is Sustained With Leave To Amend To Plead Facts Demonstrating Why The Complaint Is Not Barred By The Statute Of Limitations.
=(302/pjm/ap)
Mini Minutes: No Appearances On This Matter.
Court Adopted Its Tentative Ruling:
Defendant Julie Yee, David Yee's Amended Demurrer To Complaint Is Sustained With Leave To Amend To Plead Facts Demonstrating Why The Complaint Is Not Barred By The Statute Of Limitations.
(302/pjm/ap)
Judge:
Patrick J. Mahoney, Reporter:
Denise Doucette, Csr 5963
Amended Motion To Strike Complaint
Off Calendar Apr-06-2007 Text Ruling
Tentative Ruling: Set For Hearing On Friday, April 6, 2007, Line 7 Defendant Julie Yee, David Yee's Amended Motion To Strike Complaint.
Attorneys' Fees And Punitive Damages Is Granted With Leave To Amend. =(302/pjm/ap)
Mini Minutes: No Appearances On This Matter.
Court Adopted Its Tentative Ruling:
Defendant Julie Yee, David Yee's Amended Motion To Strike Complaint.
Attorneys' Fees And Punitive Damages Is Granted With Leave To Amend.
(302/pjm/ap)
Judge:
Patrick J. Mahoney, Reporter:
Denise Doucette, Csr 5963
Date: 3/19/2007, Time: 13:30:00, Status: None
Order To Show Cause
Off Calendar Mar-07-2007 Continued To Apr-30-07 At 01:30 P.m. In Dept 212
Date: 3/19/2007, Time: 09:30:00, Status: None
Demurrer To Complaint
Off Calendar Mar-19-2007 Text Ruling
Tentative Ruling: Set For Hearing On Monday, March 19, 2007, Line 7. Defendant Julie Yee And David Yee's Demurrer To Complaint Is Continued To April 6, 2007 Per Amended Notice.
=(302/pjm)
Mini Minutes: Defendant Julie Yee And David Yee's Demurrer To Complaint.
No Appearances On This Matter.
Court Adopts Its Tentative Ruling: Continued To April 6, 2007 Per Amended Notice.
(302/pjm/ju) Judge:
Patrick J. Mahoney, Reporter:
Karla Ellis-davis, Csr 12998.
Motion To Strike Complaint
Off Calendar Mar-19-2007 Text Ruling
Tentative Ruling: Set For Hearing On Monday, March 19, 2007, Line 7.
Defendant Julie Yee And David Yee's Motion To Strike Complaint Is Continued To April 6, 2007 Per Amended Notice.
=(302/pjm)
Mini Minutes: Defendant Julie Yee And David Yee's Motion To Strike Complaint.
No Appearances On This Matter.
Court Adopts Its Tentative Ruling: Continued To April 6, 2007 Per Amended Notice.
(302/pjm/ju) Judge:
Patrick J. Mahoney, Reporter:
Karla Ellis-davis, Csr 12998.
Date: 2/5/2007, Time: 13:30:00, Status: None
Order To Show Cause
Off Calendar Jan-24-2007 Continued To Mar-19-07 At 01:30 P.m. In Dept 212
Date: 12/22/2006, Time: 09:00:00, Status: None
Case Management Conference
Off Calendar Dec-14-2006 Set For Order To Show Cause On Feb-05-07 At 01:30 P.m. In Dept 212
July 25, 2006 - Payment W3206725F002 to 
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