Excerpt: ...rd currently before this Court, this Court, on its own motion, is inclined to stay this achon until the State Water Board's are finalized. Recognizing the pssibility that State Water Procedure could take some number of years to complete and finalize review of all of the Groundwater Sustainability Agency plans that are the subject of this coordinated litigation, this Court proposes to stay this matter indefinitely, subject to periodic status revie...

Excerpt: ...e exists to grant the relief requested. The following tentative rulings shall become the ruling of the court unless a party gives notice of intention to appear as follows: 1. You must call (209) 725-4240 to notify the court of your intent to appear. 2. You must give notce to all other parties before 4:00 p.m. of your intent to appear. Per California Rules of Court, rule 3.1308(a)(1), failure to do both items 1 and 2 will result in no oral argumen...

Excerpt: ...ves notice of intention to appear as follows: 1. You must call (209) 725-4240 to notify the court of your intent to appear. 2. You must give notice to all other parties before p.m. of your intent to appear. Per California Rules of Court, rule 3.1308(a)(1), failure to do both items 1 and 2 will result in no oral argument. Parties who contest the tentative ruling or wish to appear remotely at a hearing must contact the clerk of the court at (209) 7...

Excerpt: ...eemed conclusively admitted by Plaintiff Edwin Chuc and Plaintiff Angelica Chuc: (1) Admit you have no evidence that indicates Michael Wayne Harris was acting within the course and scope of any employment with Defendant Santa Paula Freevvll Baptist Church at the tme of the accident upon which this lawsuit is based. (2) Admit you have no evidence that indicates Michael Wayne Harris was acting within the course and scope of any service for Santa Pa...

Excerpt: ...ation of Plaintiff's Seventh Cause of Action asserting a PAGA claim. There appears to be no factual dispute that documents brought in support of the PAGA claim contained a reference to Jumpin' Jacks Pastrami, an entity that has no relationship to Defendant Adjoin, and that a letter was sent by certified mail, notwthstanding the caption in the latter "via electronic filing." Absent a factual dispute, the question presented is a matter of pure law�...

Excerpt: ...y, and Plaintiff Antonio Mendoza, in his individual capacity, submitted a written claim for injury allegedly suffered by Plaintiff Monica Mendoza, in her individual capacity, and Plaintiff Antonio Mendoza, in his individual capacity, pursuant to the Government Claims Act, Government Code sections 900 through 915.4, or facts establishing an exception or exemption thereto, is SUSTAINED WITH LEAVE TO AMEND. The unopposed Demurrer by Defendant Planad...

Excerpt: ...ts from Defendants Golden State Realty Association, Inc. and Mohammad Jaward ('Defendants')." (Plaintiff's Notice of Motion filed July 11, 2023 at Page 1:21-24.) The Declaration of Tanner D. Brink in Support of Motion to Compel filed July 11, 2023 contains a Request for Production of Documents served on Defendant Golden State Realty Association, Inc. but no Request for Production of Documents served on Defendant Mohammad Jaward. Similarly, the De...

Excerpt: ...h 10 that "Santos was severely injured, hospital-zed, and sustained multiple fractures, including her right wrist, left rib and skull. Santos also sustained a concussion with a brain contusion, became partially The following tentative rulings shall become the ruling of the court unless a party gives notice of intention to appear as follows: 1. You must call (209) 725-4240 to notify the court of your intent to appear. 2. You must give notce to all...

Excerpt: ...ause of action for Retalitory Eviction are without merit. The Request for Judicial Notice by Defendant Richard Elias is GRANTED. Defendant Richard Elias has submitted a Separate Statement of undisputed Fact supporting by admissible evidence that establishes a prima fac:ie case that Defendant Richard Elias is entitled to Judgment on the Complaint as a matter of law. This Court takes judicial notice that Richard Elias brought a Forcible Entry and D...

Excerpt: ...nth Cause of Action for Breach of Contract, and Seventeenth Cause of Action for Retaliation. The July 26, 2023 Request for Dismissal also dismisses the followng causes of action in his capacity as Assignor of Gita Nownejad: (1) First Cause of Action for Professional Negligence, Second Cause of Action for Breach of Fiduciary Duty, Seventh Cause of Action for Breach of Contract, and Seventeenth Cause of Action for Retaliation. Finally, the July 26,...

Excerpt: ... the First Amended Complaint asserting (1) Another Acton is pending between the parties upon the same issue, Case 23CV-00573; (2) Plaintiff Markie does not have standing or legal capacity to sue; (3) The Entre Acton is uncertain; and (4) The Entre Acton fails to establish a claim for permeant injunction. While the Demurrer was pending, counsel for Plaintiff Betty Henderson substituted in and filed an opposition to the Demurrer. While the Demurrer...

Excerpt: ... provides: "Plaintiff's demeanor exchanged [sic], she became withdrawn, depressed, and sad. On one occasion Plaintiff attempted to inform a teacher regarding the abuse. The teacher informed Plaintiff's Foster Home 2 and foster mother assaulted Plaintiff with a chair." (Third Amended Complaint 34.) The intent of the Legislature in creating Statutory Discretionary Immunity pursuant to Government Code SS 815.2(b) and 820.2 would be thwarted if Discr...

Excerpt: ...e Defense raised in the Joint Answer filed by Defendants Golden State Realty Association, Inc. and Mohammad Jawad filed January 25, 2023 stating: "As a fourteenth and separate affirmative defense, these answering defendants allege that complainants' injuries and damages, if any, were caused by the negligence and wrongful conduct of third parties not associated with or under the control of these answering defendants, and complainants' recovery, an...

Excerpt: ...ment of the judgment pending appeal, an Undertaking by Personal Sureties in the amount of $2.1 Million must have been, and was, posted and that such undertaking rendered the Personal Sureties jointly and severally liable for the judgment in the event that the appeal was affirmed, and Defendant failed to pay the judgment. In fact, the Undertaking by Personal Sureties filed February 14, 2020, specifically stated, in pertinent part: " . the sureties...

Excerpt: ...endant now brings a Motion for Restitution against Plaintiff ECP pursuant The following tentative rulings shall become the ruling of the court unless a party gives notce of intention to appear as follows: 1. You must call (209) 725- 4240 to notify the court of your intent to appear. 2. You must give notice to all other parties before 4:00 p.m. of your intent to appear. Per California Rules of Court, rule 3.1308(a)(1), failure to do both items 1 a...

Excerpt: ...f Requests for Production of Documents and First Set of Special Interrogatories and Request for Monetary Sanctions in the amount of $15,550 pursuant to Code of Civil Procedure SS 2023.010, 2023.030, 2023.050, 2030.290, 2030.300, and 2031.90, 2031.300, 3031.31001), and 2031.320(b) is GRANTED IN PART AND DENIED IN PART. Request for Production of Documents No. 5 [lists identifying persons who managed or supervised aggrieved employees including Plain...

Excerpt: ...Defendant's moton in limine to exclude case specific hearsay is GRANTED. Case specific hearsay is excluded absent a foundation for both authenticity and business records or other hearsay exception. The following tentative rulings shall become the ruling of the court unless a party gives notice of intention to appear as follows: 1. You must call (209) 725-4111 to notify the court of your intent to appear. 2. You must give notice to all other parti...

Excerpt: ...the categories for requested persons most knowledgeable declaration are not reasonably calculated to lead to the discovery of information relevant to the subject matter of this litigation. Defendant's objections to producing a person most knowledgeable concerning its internal investigation of defects alleged in the complaint, Defendant's Third Party Dispute Resolution Program, Defendant's Policies and Procedures for evaluating and/or investigatin...

Excerpt: ...rseded and became moot when the parties entered into a Stpulation and Order signed by this Court on April 25, 2022, which, by its express terms, dissolved the preliminary injunction. Accordingly, the Order to Show Cause re: Modification of Preliminary Injunction is DROPPED FROM THE CALENDAR AS MOOT. The following tentative rulings shall become the ruling of the court unless a party gives notice of intention to appear as follows: 1. You must call ...

Excerpt: ...roup, from its representation of Plaintiff on the grounds that an attorney currently employed by [hwntown LA. Law Group, Anthony Werbin, previously acted as trial counsel for Defendant Costco Wholesale Corporation and represented Defendant Costco in premises liability matters similar to the instant case is GRANTED. This Court finds that the weight of admissible evidence establishes that Downtown LA. Law Group has failed to provide adequate steps ...

Excerpt: ...y gives notice of intention to appear as follows: 1. You must call (209) 725-4240 to notify the court of your intent to appear. 2. You must give notce to all other parties before 4:00 p.m. of your intent to appear. Per California Rules of Court, rule 3.1308(a)(1), failure to do both items 1 and 2 will result in no oral argument. Parties who contest the tentative ruling or wish to appear remotely at a hearing must contact the clerk of the court at...

Excerpt: ...nt's evidence and undisputed Facts 1-20 establish a prima facie case that the moving Defendants are entitled to Judgement as a matter of law. Plaintiff's opposition The following tentative rulings shall become the ruling of the court unless a party gives notice of intenton to appear as follows: 1. You must call (209) 725-4240 to notify the court of your intent to appear. 2. You must give notice to all other parties before 4:00 p.m. of your intent...

Excerpt: ...of achon alleged in the demurrer, there is no First Amended Complaint on file with this Court and no Demurrer filed with respect to the original complaint. This Court will therefore treat the instant demurrer as attacking the original complaint on the assumption that the language concerning First Amended Complaint was made in error. Defendant's Demurrer to the First Cause of Action for Disability Discrimination under FEHA, the Second Cause of Act...

Excerpt: ...ent contained in Plaintiffs' First Amended Complaint on the grounds that Plaintiffs fail to allege the elements of a cause of action and that Plaintiffs fail to allege a transactional relationship giving rise to a duty to disclose is SUSTAINED WITH LEAVE TO AMEND. Plaintiffs have failed to plead the elements of Fraudulent Inducement- Concealment against a corporate entity with the necessary specificity. (See Jones v. ConocoPhillips Co. (2011) 198...

Excerpt: ...to set the deposition and Plaintiff himself was ready, willing, and able to proceed with the deposition. The problem is that Plaintiff's counsel made the financial choice to not appear at the deposition and care for his ailing wife personally in lieu of hiring another attorney to cover the deposition or hiring a caregiver to care for his wife during the deposition. The amount of sanctions reflects the fact that Plaintiff's failed to appear for an...