Minutes, March 6, May 22 & June 16, 2015: GERlT SAND; COBBLESTONE BAKERY, A SOLE PROPRIETORSHIP Plaintiff, vs. CITY OF CARMEL BY THE SEA; DOES 1 THROUGH 20 Defendant (Case No. M130393) SUPERIOR COURT OF CALIFORNIA COUNTY OF MONTEREY

ABSTRACT: RE: GERlT SAND; COBBLESTONE BAKERY, A SOLE PROPRIETORSHIP Plaintiff, vs. CITY OF CARMEL BY THE SEA; DOES 1 THROUGH 20 Defendant. Case No. M130393 SUPERIOR COURT OF CALIFORNIA COUNTY OF MONTEREY. HIGHLIGHTS OF MINUTES, March 6, May 22 and June 16, 2015 are featured. Mandatory Settlement Conference and Trial Setting are set for November 20, 2015 at 1:30 P.M., Department 14.

HIGHLIGHTS OF MINUTES

Case Progress Conference, June 16, 2015

Demurrer, May 22, 2015

Demurrer, March 6, 2015

Minutes: Case Progress Conference
Date: June 16, 2015

Hon. Lydia M. Villarreal

Appearances: Tracy Tomlin, on behalf of Terry Stark, Counsel for Plaintiff
Rachel Ostrander, Attorney on behalf of Defendant

The Defendant requests a jury trial.

Mandatory Settlement Conference and Trail Setting is set for November 20, 2015 at 1:30 P.M., Department 14.

Minutes: Demurrer
Date: May 22, 2015

Hon. Susan J. Matcham

Appearances: Terry Stark, Counsel for Plaintiff
Rachel Ostrander, attorney on behalf of Defendant

Case called for hearing on Defendant’s demurrer to Plaintiff’s First Amended Complaint.

The court overrules the Defendant’s demurrer to Plaintiff’s First Amended Complaint.

Minutes: Demurrer
Date: March 6, 2015

Hon. Susan J. Matcham

Appearances: Terry Stark, Counsel for Plaintiff
Rachel Ostrander, attorney on behalf of Defendant

Case is regularly called for Defendant’s Demurrer to Plaintiff’s Complaint.

First Cause of Action is sustained with leave to amend within 20 days.

Second Cause of Action is sustained without leave to amend.

Third Cause of Action is sustained without leave to amend.

FIRST AMENDED COMPLAINT FOR DAMAGES: GERIT SAND; COBBLESTONE BAKERY, A SOLE PROPRIETORSHIP Plaintiff, vs. CITY OF CARMEL BY THE SEA; DOES 1 THROUGH 20 Defendant. Case No. M130393 SUPERIOR COURT OF CALIFORNIA, COUNTY OF MONTEREY

ABSTRACT: RE: GERIT SAND; COBBLESTONE BAKERY, A SOLE PROPRIETORSHIP Plaintiff, vs. CITY OF CARMEL BY THE SEA; DOES 1 THROUGH 20 Defendant. Case No . M130393 SUPERIOR COURT OF CALIFORNIA, COUNTY OF MONTEREY. FIRST AMENDED COMPLAINT FOR DAMAGES (March 24, 2015) document copy is embedded.

FIRST CAUSE OF ACTION BREACH OF CONTRACT

PRAYER FOR RELIEF

WHEREFORE, Plaintiffs, GERIT SAND and COBBLESTONE BAKERY, A SOLE PROPRIETORSHIP, pray for judgment against Defendant, CITY OF CARMEL BY THE SEA, as set forth below.
1. For general damages according to proof;
2. For special damages according to proof;
3. For interest upon damages assessed at the statutory rate;
4. For the costs of this action; and
5. For such other relief as the Court deems proper.

First Amended Complaint for Damages 03-25-15 (m130393)

FIRST AMENDED COMPLAINT FOR DAMAGES
GERIT SAND; COBBLESTONE BAKERY, A SOLE PROPRIETORSHIP Plaintiff, vs. CITY OF CARMEL BY THE SEA; DOES 1 THROUGH 20 Defendant.
Case No. M130393
SUPERIOR COURT OF CALIFORNIA, COUNTY OF MONTEREY
Judge: Hon. Susan J. Matcham
Department: 15

Schedule Events

Type Date Time Location Demurrer 3/6/2015 09:00:00 Courtroom 15 Demurrer 5/22/2015 09:00:00 Courtroom 15 Case Progress Conference 6/16/2015 09:00:00 Courtroom 14

DEFENDANT CITY OF CARMEL-BY-THE-SEA’S REPLY TO PLAINTIFF’S NON-OPPOSITION TO DEFENDANT’S DEMURRER TO PLAINTIFF’S COMPLAINT: GERIT SAND; COBBLESTONE BAKERY, A SOLE PROPRIETORSHIP Plaintiff, vs. CITY OF CARMEL BY THE SEA; DOES 1 THROUGH 20 Defendant. Case No. M130393 SUPERIOR COURT OF CALIFORNIA, COUNTY OF MONTEREY

ABSTRACT: RE: GERIT SAND; COBBLESTONE BAKERY, A SOLE PROPRIETORSHIP Plaintiff, vs. CITY OF CARMEL BY THE SEA; DOES 1 THROUGH 20 Defendant. Case No . M130393 SUPERIOR COURT OF CALIFORNIA, COUNTY OF MONTEREY, DEFENDANT CITY OF CARMEL-BY-THE-SEA’S REPLY TO PLAINTIFF’S NON-OPPOSITION TO DEFENDANT’S DEMURRER TO PLAINTIFF’S COMPLAINT (February 27, 2015) document copy is embedded. Importantly, “No opposition to Defendant's Demurrer to Plaintiff's Complaint having been received from Plaintiff, Defendant CITY OF CARMEL BY THE SEA respectfully requests that the Court rule in its favor and sustain Defendant's demurrer to Plaintiff's complaint without leave to amend.

Defendant City's Reply to Plaintiff’s Non-opposition to Defendants Demurrer to Plaintiff's Compla...

DEFENDANT CITY OF CARMEL-BY-THE-SEA’S REPLY TO PLAINTIFF’S NON-OPPOSITION TO DEFENDANT’S DEMURRER TO PLAINTIFF’S COMPLAINT
GERIT SAND; COBBLESTONE BAKERY, A SOLE PROPRIETORSHIP Plaintiff, vs. CITY OF CARMEL BY THE SEA; DOES 1 THROUGH 20 Defendant. Case No. M130393 SUPERIOR COURT OF CALIFORNIA, COUNTY OF MONTEREY

MEMORANDUM OF POINTS AND AUTHORITIES IN OPPOSITION TO DEFENDANT’S DEMURRER:GERIT SAND; COBBLESTONE BAKERY, A SOLE PROPRIETORSHIP Plaintiff, vs. CITY OF CARMEL BY THE SEA; DOES 1 THROUGH 20 Defendant. Case No . M130393 SUPERIOR COURT OF CALIFORNIA, COUNTY OF MONTEREY

ABSTRACT: RE: GERIT SAND; COBBLESTONE BAKERY, A SOLE PROPRIETORSHIP Plaintiff, vs. CITY OF CARMEL BY THE SEA; DOES 1 THROUGH 20 Defendant. Case No. M130393 SUPERIOR COURT OF CALIFORNIA, COUNTY OF MONTEREY, MEMORANDUM OF POINTS AND AUTHORITIES IN OPPOSITION TO DEFENDANT’S DEMURRER (February 24, 2015) document copy is embedded.  CONCLUSION

The Defendant's demurrer to this action should, because it sounds in breach of contract established through its agent with the Plaintiff, be overruled. The Defendant should be required to file his answer, or, in the alternative, Plaintiff should be permitted to file an amended Complaint in this matter.

Memorandum of Points and Authorities in Opposition to Defendant's Demurrer 02-24-15 (m130393)

MEMORANDUM OF POINTS AND AUTHORITIES IN OPPOSITION TO DEFENDANT’S DEMURRER
GERIT SAND; COBBLESTONE BAKERY, A SOLE PROPRIETORSHIP Plaintiff, vs. CITY OF CARMEL BY THE SEA; DOES 1 THROUGH 20 Defendant.
Case No. M130393
SUPERIOR COURT OF CALIFORNIA, COUNTY OF MONTEREY

CITY OF CARMEL-BY-THE-SEA’S NOTICE OF DEMURRER AND DEMURRER TO PLAINTIFF’S COMPLAINT, MEMORANDRUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF: GERIT SAND; COBBLESTONE BAKERY, A SOLE PROPRIETORSHIP Plaintiff, vs. CITY OF CARMEL BY THE SEA; DOES 1 THROUGH 20 Defendant. Case No . M130393 SUPERIOR COURT OF CALIFORNIA, COUNTY OF MONTEREY

ABSTRACT: RE: GERIT SAND; COBBLESTONE BAKERY, A SOLE PROPRIETORSHIP Plaintiff, vs. CITY OF CARMEL BY THE SEA; DOES 1 THROUGH 20 Defendant. Case No . M130393 SUPERIOR COURT OF CALIFORNIA, COUNTY OF MONTEREY, CITY OF CARMEL-BY-THE-SEA’S NOTICE OF DEMURRER AND DEMURRER TO PLAINTIFF’S COMPLAINT, MEMORANDRUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF (February 5, 2015) document copy is embedded. Defendant CITY OF CARMEL BY THE SEA hereby demurs to the Complaint for Damages on the following grounds:

DEMURRER TO THE FIRST CAUSE OF ACTION:

BREACH OF CONTRACT

1. The First Cause of Action for Breach of Contract does not state facts sufficient to constitute a cause of action. Cal. Code Civ. Proc. § 430.1 0( e). ·

DEMURRER TO THE SECOND CAUSE OF ACTION:

INDUCING BREACH OF CONTRACT

 2. The Second Cause of Action for Inducing Breach of Contract does not state facts sufficient to constitute a cause of action. Cal. Code Civ. Proc. § 430.1 0( e).

DEMURRER TO THE THIRD CAUSE OF ACTION:

NEGLIGENT INTERFERANCE WITH A PROSPECTIVE ADVANTAGE

3. The Third Cause of Action for Negligent Interference with prospective Advantage  does not state facts sufficient to constitute a cause of action. Cal. Code Civ. Proc. § 430.10(e).

CONCLUSION

For the reasons stated above, Defendant City of Carmel respectfully requests that the Court sustain Defendant's demurrer to Plaintiff's complaint without leave to amend for the following reasons:

1. The First Cause of Action for Breach of Contract does not state facts sufficient to constitute a cause of action. Cal. Code Civ. Proc. § 430.10(e).

2. The Second Cause of Action for Inducing Breach of Contract does not state facts sufficient to constitute a cause of action. Cal. Code Civ. Proc. § 430.10(e).

3. The Third Cause of Action for Negligent Interference with prospective Advantage does not state facts sufficient to constitute a cause of action. Cal. Code Civ. Proc. § 430.10(e).

City of Carmel Notice of Demurrer and Demurrer to Plaintiff's Complaint; Memo of p&a 02-05-15 (m13...

CITY OF CARMEL-BY-THE-SEA’S NOTICE OF DEMURRER AND DEMURRER TO PLAINTIFF’S COMPLAINT, MEMORANDRUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF
GERIT SAND; COBBLESTONE BAKERY, A SOLE PROPRIETORSHIP Plaintiff, vs. CITY OF CARMEL BY THE SEA; DOES 1 THROUGH 20 Defendant.
Case No. M130393
SUPERIOR COURT OF CALIFORNIA, COUNTY OF MONTEREY

DECLARATION OF DOUGLAS SCHMITZ IN SUPPORT OF DEFENDANT CITY OF CARMEL’S REQUEST FOR JUDICIAL NOTICE: GERIT SAND; COBBLESTONE BAKERY, A SOLE PROPRIETORSHIP Plaintiff, vs. CITY OF CARMEL BY THE SEA; DOES 1 THROUGH 20 Defendant. Case No. M130393 SUPERIOR COURT OF CALIFORNIA, COUNTY OF MONTEREY

ABSTRACT: RE: GERIT SAND; COBBLESTONE BAKERY, A SOLE PROPRIETORSHIP Plaintiff, vs. CITY OF CARMEL BY THE SEA; DOES 1 THROUGH 20 Defendant. Case No . M130393 SUPERIOR COURT OF CALIFORNIA, COUNTY OF MONTEREY, DECLARATION OF DOUGLAS SCHMITZ IN SUPPORT OF DEFENDANT CITY OF CARMEL’S REQUEST FOR JUDICIAL NOTICE document copy is embedded. Importantly, “On July 1, 2014, the City Council of Carmel took action to allow only tri-county participants from San Benito, Santa Cruz, and Monterey Counties, and only allow prepared food from City of Carmel by the Sea businesses, in the Carmel Artisan Food Experience ("Minutes"), a true and correct copy is attached hereto. See Exhibit B to City's RJN, concurrently filed with this declaration.”

Declaration of Douglas Schmitz 02-04-15 (m130391)

DECLARATION OF DOUGLAS SCHMITZ IN SUPPORT OF DEFENDANT CITY OF CARMEL’S REQUEST FOR JUDICIAL NOTICE
GERIT SAND; COBBLESTONE BAKERY, A SOLE PROPRIETORSHIP Plaintiff, vs. CITY OF CARMEL BY THE SEA; DOES 1 THROUGH 20 Defendant.
Case No . M130393
SUPERIOR COURT OF CALIFORNIA, COUNTY OF MONTEREY

REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF DEFENDANT CITY OF CARMEL-BY-THE-SEA’S DEMURRER TO COMPLAINT OF PLAINTIFF: GERIT SAND; COBBLESTONE BAKERY, A SOLE PROPRIETORSHIP Plaintiff, vs. CITY OF CARMEL BY THE SEA; DOES 1 THROUGH 20 Defendant. Case No . M130393 SUPERIOR COURT OF CALIFORNIA, COUNTY OF MONTEREY

ABSTRACT: RE: GERIT SAND; COBBLESTONE BAKERY, A SOLE PROPRIETORSHIP Plaintiff, vs. CITY OF CARMEL BY THE SEA; DOES 1 THROUGH 20 Defendant. Case No . M130393 SUPERIOR COURT OF CALIFORNIA, COUNTY OF MONTEREY, REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF DEFENDANT CITY OF CARMEL-BY-THE-SEA’S DEMURRER TO COMPLAINT OF PLAINTIFF, including EXHIBITS A and B, (February 5, 2015) document copy is embedded. REQUEST FOR JUDICIAL NOTICE NO. 1: Exhibit A: The license Agreement between the City of Carmel by the Sea and West Coast Farmers Market Association (WCFMA) entered into on May 29, 2013.
REQUEST FOR JUDICIAL NOTICE NO. 1:
Exhibit B: Minutes of the City Council of Carmel by the Sea from July 1, 2014.
California Evidence Code sections 452(a), (b), (c), and (h), which allow the court to take judicial notice of (a) The decisional, constitutional, and statutory law of any state of the United State's and the resolutions and private acts of the Congress of the United States and of the Legislature oft his state; (b) Regulations and legislative enactments issued by or under the authority of the United States or any public entity in the United States; (c) Official acts of the legislative, executive, and judicial departments of the United States and of any state of the United States; and (h) Facts and propositions that are not reasonably subject to dispute and are capable of immediate and accurate determination by resort to sources of reasonably indisputable accuracy. This includes licenses issued by a state agency. C.R. v. Tenet Healthcare Corp. , 169 Cal.4th 1094, 1102-1103 (2009).

Request for Judicial Notice in Support of Defendant City 02-05-15 (m130393)

REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF DEFENDANT CITY OF CARMEL-BY-THE-SEA’S DEMURRER TO COMPLAINT OF PLAINTIFF
GERIT SAND; COBBLESTONE BAKERY, A SOLE PROPRIETORSHIP Plaintiff, vs. CITY OF CARMEL BY THE SEA; DOES 1 THROUGH 20 Defendant.
Case No . M130393
SUPERIOR COURT OF CALIFORNIA, COUNTY OF MONTEREY

COMPLAINT FOR DAMAGES Involving Carmel Artisan Food Experience, 'Farmers Market:' GERlT SAND; COBBLESTONE BAKERY, A SOLE PROPRIETORSHIP Plaintiff, vs. CITY OF CARMEL BY THE SEA; DOES 1 THROUGH 20 Defendant (Case No. M130393) SUPERIOR COURT OF CALIFORNIA COUNTY OF MONTEREY

UDPATE: Case Progress Conference 6/16/2015 09:00:00 Courtroom 14
ABSTRACT:  On December 16, 2014, attorney Terry D. Stark filed a COMPLAINT FOR DAMAGES on behalf of his client Gerit Sand and COBBLESTONE BAKERY, A SOLE PROPRIETORSHIP, against the CITY OF CARMEL BY THE SEA; DOES 1 THROUGH 20, in SUPERIOR COURT OF CALIFORNIA COUNTY OF MONTEREY. The civil complaint consists of FIRST CAUSE OF ACTION BREACH OF CONTRACT, SECOND CAUSE OF ACTION INDUCING BREACH OF CONTRACT and THIRD CAUSE OF ACTION NEGLIGENT INTERFERENCE WITH PROSPECTIVE ADVANTAGE.
PRAYER FOR RELIEF

WHEREFORE, Plaintiffs, GERIT SAND and COBBLESTONE BAKERY, A SOLE PROPRIETORSHIP, pray for judgment against Defendant, CITY OF CARMEL BY THE SEA, as set forth below.

1. For general damages according to proof;

2. For special damages according to proof;

3. For an injunction against Defendant prohibiting them from engaging in conduct complained of herein;

4. For interest upon damages assessed at the statutory  rate;

5. For the costs of this action; and

6. For such other relief as the Court deems proper.

The COMPLAINT FOR DAMAGES document is embedded. 

A Case Progress Conference is scheduled for Tuesday, June 16, 2015 at 9:00 A.M., Courtroom 14, Hon. Thomas W. Wills presiding, Monterey Courthouse.  

Sand Gerit vs. City of Carmel-By-The-sea (m130393)

COMPLAINT FOR DAMAGES

GERlT SAND; COBBLESTONE BAKERY, A SOLE PROPRIETORSHIP Plaintiff, vs. CITY OF CARMEL BY THE SEA; DOES 1 THROUGH 20 Defendant.
Case No. M130393
SUPERIOR COURT OF CALIFORNIA
COUNTY OF MONTEREY