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2024.05.23 Motion to Compel Arbitration Forum, for Stay 860
Location: Ventura
Judge: McKaig, Ronda 41
Hearing Date: 2024.05.23
Excerpt: ...hrough AAA and the case is stayed. The matter is set for a status conference on December 2, 2024 at 8:35AM re: status of arbitration. Moving party is ordered to give notice. Notice: Defendants Promenade Imports, LLC and International Fidelity Insurance Company have now both appeared and were properly served. Defendant Infiniti Financial Services has not yet appeared. Per the proof of service filed with the Motion, Defendant Infiniti Financial ...
2024.05.23 Motion for Attorney Fees 634
Location: Ventura
Judge: McKaig, Ronda 41
Hearing Date: 2024.05.23
Excerpt: ... pursuant to settlement agreement. This reflects $16,830 in fees and a 0.5 enhancement, plus $1,287 in costs. Defendant argues the fees requested are excessive. It argues the fee award should be reduced to no more than $4,900. Discussion: Attorney's fees are permit ted as costs when authorized by contract, statute or law. (Code Civ. Proc., § 1033.5(a)(10)). A statute authorizes attorney's fees in this case. Specifically, “[i]f the buyer prev...
2024.05.22 Motion to Set Aside or Vacate Dismissal 768
Location: Ventura
Judge: McKaig, Ronda 41
Hearing Date: 2024.05.22
Excerpt: ...ocedure §664.6 is GRANTED. The November 14, 2016 Order dismissing this action is vacated. Matter is set for case management on September 24, 2024 at 8:35AM with Plaintiff to give notice. CMC statements due 5 court days prior to the conference. Analysis: Plaintiff Y P Advertising & Publishing, LLC (“YP”) moves pursuant to Code of Civil Procedure §664.6 for an order vacating the dismissal of this action entered on November 14, 2016. No opposi...
2024.05.22 Demurrer, Motion to Strike, to Dismiss 406
Location: Ventura
Judge: McKaig, Ronda 41
Hearing Date: 2024.05.22
Excerpt: ...n 1385. Tent ative Rulings: The Court overrules the demurrers, denies the motion to strike and denies the motion to dismiss. Plaintiffs' allegations are sufficiently detailed to afford Mr. Mack adequate notice of the contempt charges asserted, the reasons therefore, a nd evidence in support of the allegations. Defendant's assertion that the application is deficient because it was not presented on a judicial council form lacks merit. The form ref...
2024.05.21 Motion for Approval of Payment of Penalties to PAGA, for Dismissal of Action 694
Location: Ventura
Judge: McKaig, Ronda 41
Hearing Date: 2024.05.21
Excerpt: ...sed) Tentat ive Ruling: Plaintiff's Motion for Order Approving Payment of Penalties Pursuant to Private Attorney Generals Act of 2004 (PAGA) and for Dismissal of Action without Prejudice is CONTINUED to June 24, 2024 at 8:20AM. “PAGA settlements are subject to trial court review and approval, ensuring that any negotiated resolution is fair to those affected.” (Williams v. Superior Court, supra, 3 Cal.5th at p. 549.) “[W]hile PAGA does not r...
2024.05.20 Demurrer 820
Location: Ventura
Judge: McKaig, Ronda 41
Hearing Date: 2024.05.20
Excerpt: ...that came du e within four years of the filing of the Complaint. (Piedmont Capital Management, L.L.C. v. McElfish (2023) 94 Cal.App.5th 961.) The Court rejects Defendant's argument that the Complaint establishes Plaintiff waived its right to accelerate payments under the loan. Defendant shall file an Answer only to the Complaint by no later than June 7, 2024. Moving party to give notice. Background: This is a limited civil collections action b...
2024.05.16 Demurrer to FAC 310
Location: Ventura
Judge: McKaig, Ronda 41
Hearing Date: 2024.05.16
Excerpt: ...Health Car e Agency) Demurrer to Plaintiff's Complaint is OVERRULED. Plaintiff has adequately alleged a claim for vicarious liability for a violation of Penal Code section 632.7. Defendant is directed to file and serve an Answer to the Complaint within 10 days of the Court's ruling. Discussion: The Court previously ruled that the County of Ventura is not a “person” subject to liability under section 632. While the County cannot be directly l...
2024.05.15 Motion for Summary Judgment 890
Location: Ventura
Judge: McKaig, Ronda 41
Hearing Date: 2024.05.15
Excerpt: ...rposes of this motion, the undisputed and established material facts are fact nos. 1-25. Plaintiff in her Opposing Separate Statement failed to address the negligence cause of action. Further, Plaintiff fails to provide an explanation for the discrepancies between the admitted facts from the request for admissions and the evidence presented in opposition. (D'Amico v. Board of Med. Examiners (1974) 11 Cal.3d 1; Scalf v. D.B. Log Homes, Inc. (2...
2024.05.15 Application for Writ of Possession 135
Location: Ventura
Judge: McKaig, Ronda 41
Hearing Date: 2024.05.15
Excerpt: ...s not required. Background: Plaintiff filed a complaint for breach of contract, replevin/claim and delivery, deficiency balance, injunction, and waste or damage to secured property regarding a 3/20/21 Equipment Finance Agreement between Defendant and MMP Capital Inc. to finance the Potenza Workstation in the amount of $140,548.50. The workstation was collateral, and MMP's interest was assigned to Plaintiff on about 4/8/21, with UCC Financing S...
2024.05.14 Motion to Compel Arbitration 327
Location: Ventura
Judge: McKaig, Ronda 41
Hearing Date: 2024.05.14
Excerpt: ...s evidentiary objections to the declaration of Jason Stewart are ruled upon as follows: (1) OVERRULED; (2) OVERRULED; (3) OVERRULED; (4) OVERRULED; (5) OVERRULED; (6) OVERRULED; and (7) SUSTAINED —speculative and lacking personal knowledge. Defendant Rylist, Inc.'s Mot ion to Compel Arbitration of Individual Claims and Dismiss Plaintiff Jason Stewart's Class Action Complaint is DENIED. Defendant is directed to file a responsive pleading to Pla...
2024.05.07 Motion to Quash Subpoena 447
Location: Ventura
Judge: McKaig, Ronda 41
Hearing Date: 2024.05.07
Excerpt: ...ions of Camari llo, Inc.'s, and Donna Sims' request for judicial notice. The Court grants in part, and denies in part, Plaintiff Ryan Padilla Aguilar's request for an order quashing the subpoena for education records issued by Bio -Medical Applications of California, Inc. to United States University. The Court limits the subject subpoena as follows: (a) the introductory language regarding “any and all academic records pertaining to [Plaintiff]�...
2024.05.07 Motion for Determination of Good Faith Settlement 191
Location: Ventura
Judge: McKaig, Ronda 41
Hearing Date: 2024.05.07
Excerpt: ... denied the same motion on June 1, 2022. The instant motion is an improper motion for reconsideration/renewed motion that fails to address the Court's prior denial of the motion. (Code Civ. Proc., § 1008). Further, once again, Defe ndant Levoy failed to meet her burden of showing that the settlement is in good faith under Tech –Bilt, Inc. v. Woodward – Clyde & Associates (1985) 38 Cal.3d 488, 499, by failing to show that the rough approximat...
2024.05.06 Motion for Summary Judgment 399
Location: Ventura
Judge: McKaig, Ronda 41
Hearing Date: 2024.05.06
Excerpt: ...rial Facts: 2 -3, and 5 -6 Defendant City of San Buenaventura's Motion for Summary Judgment is GRANTED. The Court finds that the defect in this case was trivial as a matter of law. (Huckey v. City of Temecula (2019) 37 Cal.App.5th 1092.) Plaintiff testified during depos ition that at the time of the incident, there existed a deviation of ¼ of an inch to 3/8 of an inch. (DF 4.) There were no aggravating circumstances that would have impeded Pla...
2024.04.26 Motion to Augment Record 832
Location: Ventura
Judge: McKaig, Ronda 41
Hearing Date: 2024.04.26
Excerpt: ... Administrative Reco rd (“SAR”) must be included in the administrative record pursuant to Public Resources Code, section 21167.6, subdivision (e). The Court also agrees it would be unfair to allow the City to rely on the SAR when such documents were unavailable to Petitioner w hen Petitioner filed the opening brief (and were likewise unavailable to RPIs). As a result, the hearing on the merits of the petition will be continued to allow Petit...
2024.04.23 Motion to Compel Responses, for Monetary Sanctions, to Deem RFAs Admitted 002
Location: Ventura
Judge: McKaig, Ronda 41
Hearing Date: 2024.04.23
Excerpt: ...pposed) (3) Defendant's Motion to Have Matters Deemed Admitted, and monetary sanctions in the amount of $960.00. (Unopposed) (4) Defendant's Motion to Compel Responses to Special Interrogatories, and monetary sections in the amount of $660.00. (Unopposed) (5) Defendan t's Motion to Compel Plaintiff to Appear and Testify at Her Deposition, and monetary sanctions in the amount of $ 560.00. (Unopposed) Tentative Rulings: Defendant has established th...
2024.04.22 Motion to Enforce Settlement Agreement 291
Location: Ventura
Judge: McKaig, Ronda 41
Hearing Date: 2024.04.22
Excerpt: ...r of Plaintiff Taiana Gibson against Defendant Richard P. McNair, an individual and dba “Fosters Freeze” is entered as follows: principal amount of $37,000, costs of $125.30 and attorney's fees of $6,290. Plaintiff to submit a proposed order and judgment consistent with the Court's ruling. Grounds: Plaintiff requests that the court enforce the parties' written settlement agreement and enter judgment against defaulted party Defendant Richard P...
2024.04.22 Motion for Terminating Sanctions 788
Location: Ventura
Judge: McKaig, Ronda 41
Hearing Date: 2024.04.22
Excerpt: ...8.40 Tentative Ruling: Cross- Complainants M&Tony's Touch, Inc., Tsutomo Kagoshima and Emerita Kagoshima Motio n for Terminating Sanctions or in the alternative Issue and Evidence Sanctions against Cross- Defendant Sue Ahn, and Monetary Sanctions of $6,018.40 is DENIED in part and GRANTED in part. The requests for terminating, issue and evidence sanctions are denie d. Cross-Defendant Sue Ahn is ordered to produce the “transaction file” not p...
2024.04.19 Motion to Contest Good Faith Settlement Application 969
Location: Ventura
Judge: McKaig, Ronda 41
Hearing Date: 2024.04.19
Excerpt: ... County of V entura's motion contesting Defendants Celso Gustavo Torres' and Torres General Contracting's (collectively, “the Torres Defendants”) Application for a determination that their settlement with Plaintiffs is in good faith, on the grounds that the Torres Defe ndants fail to submit admissible and substantial evidence in support of several of the Tech- Bilt factors, including evidence indicating the rough approximation of Plaintiffs' ...
2024.04.18 Motion to Compel Arbitration 247
Location: Ventura
Judge: McKaig, Ronda 41
Hearing Date: 2024.04.18
Excerpt: ... set for D ecember 2, 2024 at 8:30AM. Defendant met its burden of proving the existence of a valid arbitration agreement. Plaintiff failed to demonstrate that the arbitration agreement was procedurally or substantively unconscionable. Grounds: Defendants Los Roble s Homecare Services, Inc., Los Robles Healthcare, LLC, and Eric Kotitschke (jointly “Los Robles”) seek an order compelling plaintiff to arbitrate her claims and stay the matter pend...
2024.04.18 Demurrer, Motion to Strike 708
Location: Ventura
Judge: McKaig, Ronda 41
Hearing Date: 2024.04.18
Excerpt: ... the extent the same damages are sought for both claims, this is not a ground for demurrer. Defendants' Demurrer as to the Intentional Infliction of Emotional Distress cause of action is sustained with leave to amend. Plaintiffs have not adequately pled the elements of intentional or reckless conduct, nor have Plaintiffs adequately pled severe emotional distress. Defendants' motion to Strike Punitive Damages from the Complaint is granted, with l...
2024.04.17 Motions for Judgment on the Pleadings 624
Location: Ventura
Judge: McKaig, Ronda 41
Hearing Date: 2024.04.17
Excerpt: ... Code section 242, Plaintiff has not and cannot allege that Defendants were acting under the color of law when they revoked her YMCA membership. Further, Title 18 allows for criminal liability only —Plaintiff, thus, has no standing to bring a civil cause of action agai nst Defendants for violation of Title 18 of United States Code section 242. Insofar as the Complaint is premised on violations of Title VII of the Civil Rights Act of 1964, the C...
2024.04.17 Motion to Strike 890
Location: Ventura
Judge: McKaig, Ronda 41
Hearing Date: 2024.04.17
Excerpt: ...Strike Porti ons of the Complaint of Southfork Ranch, LLC for Declaratory Relief is GRANTED in part and DENIED in part. The Motion to Strike is GRANTED as to paragraph 32 and Prayer paragraph 9 of the Complaint, with leave to amend. The Motion to Strike is DENIED as to paragraphs 31, 35 -37 and Prayer paragraphs 8 and 12 -15 of the Complaint. Any amended complaint shall be served and filed no later than May 10, 2024. Background: The Complaint wa...
2024.04.17 Motion to Disqualify Counsel 890
Location: Ventura
Judge: McKaig, Ronda 41
Hearing Date: 2024.04.17
Excerpt: ... As there is no demonstrated prejudice to Defendant, the motion will be considered despite insufficient notice under Code of Civil Procedure section 1005, subdivision (b). Defendant's request for judicial notice is granted. Plaintiff Southfork Ranch, LLC's Motion to D isqualify Ferguson Case Orr Patterson LLP from Representing Defendant California Natural Resources Group, LLC is DENIED. Background: The Complaint was filed on October 26, 2023, by...
2024.04.16 Motion to Strike Answer and for Terminating Sanctions 180
Location: Ventura
Judge: McKaig, Ronda 41
Hearing Date: 2024.04.16
Excerpt: ...for Monetary San ctions Against Defendant and Their Counsel, Jointly and Severally (Unopposed) Tentative Ruling: The Court GRANTS Plaintiff Steven Scouten's Motion to Strike Defendants' Answer and Enter Default as a Terminating Sanctions for Abuse of Discovery Process. (La guna Auto Body v. Farmers Ins. Exchange (1991) 231 Cal.App.3d 481, 487; Deyo v. Kilbourne (1978) 84 Cal.App.3d 771, 796 -797.) Defendants have failed to comply with the Court's...
2024.04.16 Motion for Terminating Sanctions 110
Location: Ventura
Judge: McKaig, Ronda 41
Hearing Date: 2024.04.16
Excerpt: ...Court dismiss es Plaintiffs' Complaint, with prejudice, as a terminating sanction for failure to provide responses to any of Defendants' discovery issued to Plaintiffs, after being ordered by the Court to do so in the Court's December 12, 2023 Minute Order, and as refle cted in Defendants' Notices of Ruling filed and served December 15, 2023. The Court notes that it has already deemed Defendants' Requests for Admission served on both Plaintiffs...

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