Excerpt: ...bmit on the tentative decision, you may notify the court by email to [email protected]. Please include the hearing date, the case name and case number in the message. You must include all counsel and self -represented parties on your message. The court will not respond to your email. Do not use this email address for any other purpose without the court's express permission. Do not include the court in any email communications betw...

Excerpt: .... If you wish to submit on the tentative decision, you may notify the court by email to [email protected]. Please include the hearing date, the case name and case number in the message. You must include all counsel and self -represented parties on your message. The court will not respond to your email. Do not use this email address for any other purpose without the court's express permission. Do not include the court in any email ...

Excerpt: ...kman, Marnie Brinkman and Arborist Crew Services, Inc.'s Demurrer to the Complaint is OVERRULED. The Court finds that each cause of action pleaded in the Complaint sufficiently states a cause of action and is not uncertain. Defendants Joel Brinkman, Marnie Brinkman and Arborist Crew Services, Inc.'s Demurrer to the Complaint is GRANTED in part and DENIED in part. The motion to strike the punitive damages allegations is granted with leave to amen...

Excerpt: ...ence in order prevent prejudice to him. Thus, pursuant to Code of Civil Procedure, section 36, subdivision (a), this case is hereby given “preferential” status for trial setting purposes. This means that the jury trial in this action should happen no later than 120 from the date of granting the instant Motion. The current September 16, 2024, jury trial date is already 120 days out from the date of granting this Motion. Thus, no further action...

Excerpt: ...in the amount of $2,714.49. The Motion is GRANTED as to item 8b of the Memorandum of Costs Worksheet. The Court finds that Defendant's section 998 offer in the amount of $0 was but an unreasonable, “token” offer that was not made in good faith. Accordingly, Defendant i s not entitled to recover his expert witness fees against Plaintiff. Thus, this item is taxed in the full amount of $71,127.50. Motion is DENIED as to all remaining items. Def...

Excerpt: ...otice of intent to appear is required. If you wish to submit on the tentative decision, you may notify the court by email to [email protected]. Please include the hearing date, the case name and case number in the message. You must include all counsel and self -represented parties on your message. The court will not respond to your email. Do not use this email address for any other purpose without the court's express permission. D...

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...

Excerpt: ...al and Medi cal Center and Sherwood Oaks Post Acute, relating to Plaintiff's claims about the development and exacerbation of pressure ulcers while in defendants' care between December 3, 2021, and February 17, 2022. Heritage Provider Network, Inc. v. Superior Court, (2008) 158 Cal. App. 4th 1146, 1153. The Court exercises its discretion to issue a stay of all proceedings pending completion of arbitration between Plaintiff and Sherwood Oaks, as t...

Excerpt: ...is GRANTED. Def endant's Motion to Compel Plaintiff's Responses to Requests for Production of Documents, Set Two is GRANTED. Defendant's Motion to Deem Matters Admitted against Plaintiff is GRANTED. Plaintiff Margie Smith is ordered to serve Defendant with her Code -compli ant and objection -free initial responses and document production in response to each and all of the subject interrogatories and requests for production by no later than 30 day...

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...

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...

Excerpt: ...submit o n the tentative decision, you may notify the court by email to [email protected]. Please include the hearing date, the case name and case number in the message. You must include all counsel and self -represented parties on your message. T he court will not respond to your email. Do not use this email address for any other purpose without the court's express permission. Do not include the court in any email communications ...

Excerpt: ...rom this a mount if the award of attorney's fees of $56,680.07 and a 0.1 enhancement of $5,668.00 as the case was on contingency and sought to enforce a statutory right. The court defers ruling on Plaintiff's request for an award of costs and expenses until Defendan t 's Motion to Tax Costs is heard on July 16, 2024. The Complaint was filed on 8/31/20 and the First Amended Complaint (“FAC”) on 1/8/21. The FAC was filed by Plaintiff Jerry Ka...

Excerpt: ...otify the court by email to [email protected]. Please include the hearing date, the case name and case number in the message. You must include all counsel and self -represented parties on your message. The court will not respond to your email. D o not use this email address for any other purpose without the court's express permission. Do not include the court in any email communications between counsel. Do not call in lieu of send...

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...

Excerpt: ...ion, you may notify the court by email to [email protected]. Please include the hearing date, the case name and case number in the message. You must include all counsel and self -represented parties on your message. The court will not respond to your email. Do not use this email address for any other purpose without the court's express permission. Do not include the court in any email communications between counsel. Do not call in...

Excerpt: ...�nds that the mandatory relief provision applies in this instance where the action was dismissed following Plaintiff's failure to oppose the underlying demurrer or file an amended complaint within the time allowed by the Court. (See Pagnini v. Union Bank, N.A. (2018) 28 Cal.App.5th 298.) Plaintiff's counsel, Mainak D'Attaray, has submitted an attorney declaration of fault. However, the Court finds that this declaration lacks credibility. Furthe...

Excerpt: ...e a Notice a s well as the Motion fails to state the basis for the motion and the relief sought. Plaintiff also seeks monetary sanctions of $3,615.00 pursuant to Code Civ. Proc., § 2030.290 (interrogatory 17.1) and § 2033.290 (RFAs). Code Civ. Proc., § 2023.040, provides further: A request for a sanction shall, in the notice of motion, identify every person, party, and attorney against whom the sanction is sought, and specify the type of sanct...

Excerpt: ...erminating Sanction. (Laguna Auto Body v. Farmers Ins. Exchange (1991) 231 Cal.App.3d 481, 487; Deyo v. Kilbourne (1978) 84 Cal.App.3d 771, 796- 797.) Plaintiff has failed to comply with the Court's November 6, 2023 Order. In light of Plaintiff's continuing pattern of evasiveness, the Court finds that no less severe sanction would be effective under the circumstances. No additional monetary sanctions will be awarded as a terminating sanction is ...

Excerpt: ...ment. The C OURT'S only reservation in granting approval is that a copy of the proposed Class Notice (“Exhibit A to executed Settlement Agreement”) was not included with the Executed Settlement Agreement. As the Court wants to review the notice, a brief continuance of the hearing is probably appropriate. A hearing on final approval of the class action settlement is set on __________ (most likely set for a 3 -month date the timeframes for not...

Excerpt: ...20 days of the date of the notice of ruling. The Complaint was filed on January 12, 2024, by Plaintiffs Joseph Jimenez and Rosemary Perez (“Plaintiffs”) against Defendant Janell Beck (“Defendant”) for breach of contract. The Complaint alleged that Plaintiffs and Defend ant entered into a Residential Purchase Agreementa and Private Financing Terms Agreement. Following delays with the Probate Court and financing for the purchase, Plaintif...

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]�...

Excerpt: .... If you intend to appear by CourtCall, you must make arrangements with CourtCall by 4:00 p.m. the day before your scheduled hearing. Requests for approval of a CourtCall appearance made on the morning of the hearing will not be granted. No exceptions will be made. With respect to the tentative ruling below, no notice of intent to appear is required. If you wish to submit on the tentative ruling you can fax notice to Judge Coats's secretary, ...

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...

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...