Judge Patrick R. McKinney II: Comprehensive Profile - Analytics, Rulings, and Recent Cases

This Tentative Ruling is made by Judge Victoria S. Kolakowski The Petition of 1 Beachfrontrealty, LLC, for Approval of Transfer of Structured Settlement Payment Rights by M.T. is continued to 1:30 PM on 10/27/2021 in Department 511, Civil Law and Motion, Hayward Hall of Justice, 24405 Amador Street, Haywar...

This Tentative Ruling is made by Judge Victoria S. Kolakowski The motion for determination on the claim of exemption of judgment debtor Yee Aung is GRANTED. The claim of exemption is denied.

On October 3, 2019, the clerk of court entered judgment on a Labor Commissioner award issued on August 19, 2...

This Tentative Ruling is made by Judge Victoria S. Kolakowski On the proceeding for distribution of surplus funds from the sale of 1304 Kains Avenue, Berkeley, California 94702, the court GRANTS the claim of Watermark Lakeside, LLP, as set forth below.

FACTUAL AND PROCEDURAL BACKGROUND

On A...

This Tentative Ruling is made by Judge Victoria S. Kolakowski The unopposed motions of Allstate Northbrook Indemnity Company to compel responses by claimant Shihwei Liu to special interrogatories, form interrogatories, and requests for production of documents, are GRANTED.

Claimant Liu is ORDERED t...

This Tentative Ruling is made by Judge Victoria S. Kolakowski PARTIES TO APPEAR on the Petition of J.G. Wentworth Originations, LLC, for Approval of Transfer of Structured Settlement Payment Rights by C.H.

Petitioner shall notify C.H. of the requirement that she appear at the hearing.

The ...

This Tentative Ruling is made by Judge Victoria S. Kolakowski PARTIES TO APPEAR on the plaintiff's motion for summary judgment.

Because this motion was filed on an expedited timeline, defendant may orally oppose at the hearing, or may file a written opposition at least one court day before the hear...

This Tentative Ruling is made by Judge Victoria S. Kolakowski The unopposed Petition of Amica Mutual Insurance Company for appointment of appraisal umpire is GRANTED.

This petition arises from a claim for loss caused by water damage, submitted by Amica's insured, respondent Norma Lorena Lejarza ("L...

This Tentative Ruling is made by Judge Victoria S. Kolakowski The hearing on claims to surplus funds is continued by the court 1:30 PM on 12/08/2021 in Department 511, Civil Law and Motion, Hayward Hall of Justice, 24405 Amador Street, Hayward.

The obligation secured by Petersen-Dean's recorded me...

This Tentative Ruling is made by Judge Victoria S. Kolakowski The demurrer of defendant Yoon is dropped by the Court in light of the filing of a First Amended Complaint on September 21, 2021.

This Tentative Ruling is made by Judge Victoria S. Kolakowski PARTIES TO APPEAR on the Petition of Peachtree Settlement Funding, LLC, to allow its Petition for Approval of Transfer of Structured Settlement Payment Rights by J. R-W to be heard in Mendocino County.

Petitioner asks this court to issue...

This Tentative Ruling is made by Judge Victoria S. Kolakowski The claim of exemption submitted by Dr. Gail Wong Lau is continued to 1:30 PM on 12/01/2021 in Department 511, Civil Law and Motion, Hayward Hall of Justice, 24405 Amador Street, Hayward.

The court continues the matter due to the filing...

This Tentative Ruling is made by Judge Victoria S. Kolakowski PARTIES TO APPEAR on the fourth amended Petition of Primitivo Plascencia to compel respondent CSAA Insurance Exchange to arbitrate his underinsured motorist claim, and to appoint a neutral arbitrator.

CSAA Insurance Exchange filed a res...

This Tentative Ruling is made by Judge Victoria S. Kolakowski The unopposed motion of plaintiff Maricopa Meadows Homeowners Association for reasonable fees and costs incurred in collecting its sister state judgment is GRANTED.

The court finds that this motion was timely filed, and that the amount o...

This Tentative Ruling is made by Judge Victoria S. Kolakowski The motions of Allstate Northbrook Indemnity Company ("Allstate") to compel claimant Shihwei Liu to serve responses to special interrogatories, form interrogatories, and requests for production of documents, are continued to 9:30 AM on 10/05/202...

This Tentative Ruling is made by Judge Victoria S. Kolakowski The motion of defendant Frank Ennix to set aside default is denied.

This commercial unlawful detainer action arises from the expiration of a three-day notice to pay rent or quit, and a three-day notice to perform covenants or quit, citin...

This Tentative Ruling is made by Judge Victoria S. Kolakowski The motion is dropped by the Court in light of the request for dismissal filed and entered on September 1, 2021.

This Tentative Ruling is made by Judge Victoria S. Kolakowski PARTIES TO APPEAR on the Petition of Sempra Finance, LLC, for Approval of Transfer of Structured Settlement Payment Rights by S. J-K.

Petitioner shall notify S. J-K of the requirement that she appear at the hearing.

Petitioner s...

This Tentative Ruling is made by Judge Victoria S. Kolakowski PARTIES TO APPEAR on petitioner Kennedy's motion to compel respondent Kos Media, LLC dba Daily Kos, to comply with its business records subpoena.

The court is inclined to continue this motion to November 1, 2021, to be heard with the mot...

This Tentative Ruling is made by Judge Victoria S. Kolakowski The demurrer of defendant A-1 Nursery, LLC, to the fourth cause of action for unlawful detainer, is OVERRULED.

The Complaint alleges defendants forcibly entered and took possession of the premises without plaintiff's consent, and as such...

This Tentative Ruling is made by Judge Victoria S. Kolakowski Respondent Robert F. Kennedy, Jr.'s Motion to Strike the Motion to Quash filed by petitioner DowneastDem on August 10, 2021, is denied.

The procedural and timing arguments raised in respondent's moving papers do not persuade the court t...

This Tentative Ruling is made by Judge Victoria S. Kolakowski Defendant's demurrer to the complaint is overruled.

This is a commercial unlawful detainer action based on the expiration of a fixed-term lease.

Although it appears that Plaintiff should have used a different verification for the...

This Tentative Ruling is made by Judge Victoria S. Kolakowski Petitioner DownEastDem's application for admission pro hac vice of attorney Paul Alan Levy is continued to 9:30 AM on 9/28/2021 in Department 511, Civil Law and Motion, Hayward Hall of Justice, 24405 Amador Street, Hayward.

Counsel's ve...

This Tentative Ruling is made by Judge Victoria S. Kolakowski The petition of Geico General Insurance Company to confirm arbitration award is continued to 1:30 PM on 11/03/2021 in Department 511, Civil Law and Motion, Hayward Hall of Justice, 24405 Amador Street, Hayward, pursuant to the stipulation to set...

This Tentative Ruling is made by Judge Victoria S. Kolakowski The plaintiff's motion for summary judgment is denied without prejudice.

This motion was prematurely filed before defendant has filed its answer. (CCP §1170.7 ("A motion for summary judgment may be made at any time after the answer is fi...