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2254 Results

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2023.12.29 Motion to Quash Deposition Subpoena for Business Records 562
Location: Ventura
Judge: Coats, Benjamin 43
Hearing Date: 2023.12.29
Excerpt: ...aring by CourtCall, call in no later than 8:30 a.m. If you intend to appear by CourtCall, pu 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 yo...
2023.12.28 Motion to Strike SAC 338
Location: Ventura
Judge: Coats, Benjamin 43
Hearing Date: 2023.12.28
Excerpt: ...aring by CourtCall, call in no later than 8:30 a.m. If you intend to appear by CourtCall, pu 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 yo...
2023.12.22 Motion for Summary Judgment 739
Location: Ventura
Judge: Bennett, Jeffrey 21
Hearing Date: 2023.12.22
Excerpt: ...red. 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 on message. You must include all counsel and self-represented parties on pur 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 com...
2023.12.22 Motion for Summary Adjudication 739
Location: Ventura
Judge: Bennett, Jeffrey 21
Hearing Date: 2023.12.22
Excerpt: .... No notice 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 on 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. ...
2023.12.22 Demurrer to FAC 919
Location: Ventura
Judge: Bennett, Jeffrey 21
Hearing Date: 2023.12.22
Excerpt: ...decision, please send an email to the court at:[email protected]. All counsel and self-represented parties must be copied on the email. Absent waiver of notice and in the event an order is not signed at the hearing, the prevailing party shall prepare a proposed order and comply with CRC 3.1312 subdivisions (a), (b), (d) and (e). The following is a statement of the court's tentative ruling. The court may adopt, modify or reject the...
2023.12.20 Motion for Leave to File SAC 805
Location: Ventura
Judge: Bennett, Jeffrey 21
Hearing Date: 2023.12.20
Excerpt: ...to submit on the court's tentative decision, please send an email to the court at:[email protected]. All counsel and self-represented parties must be copied on the email. Absent waiver of notice and in the event an order is not signed at the hearing, the prevailing party shall prepare a proposed order and comply with CRC 3.1312 subdivisions (a), (b), (d) and (e). The following is a statement of the court's tentative ruling. The co...
2023.12.19 Motion to Enforce Settlement Agreement, for Entry of Judgment 815
Location: Ventura
Judge: McKaig, Ronda 41
Hearing Date: 2023.12.19
Excerpt: ...it has jurisdiction to enforce the settlement agreement. It does not appear from the register of actions that the parties ever filed or otherwise presented to the court their settlement agreement, which included their agreement that the court retain jurisdiction under CCP 564.6. Instead, a notice of settlement was filed and a request for dismissal was subsequently filed and entered. Sayta v. Chu (2017) 17 Cal .App.5th 950 appears to be directly o...
2023.12.19 Demurrer 206
Location: Ventura
Judge: Bennett, Jeffrey 21
Hearing Date: 2023.12.19
Excerpt: ...'s tentative decision, please send an email to the court at:[email protected]. All counsel and self-represented parties must be copied on the email. Absent waiver of notice and in the event an order is not signed at the hearing, the prevailing party shall prepare a proposed order and comply with CRC 3.1312 subdivisions (a), (b), (d) and (e). The following is a statement of the court's tentative ruling. The court may adopt, modify ...
2023.12.18 Motion to Strike 170
Location: Ventura
Judge: Bennett, Jeffrey 21
Hearing Date: 2023.12.18
Excerpt: ...ve decision, please send an email to the court at:[email protected]. All counsel and self- represented parties must be copied on the email. Absent waiver of notce and in the event an order is not signed at the hearing, the prevailing party shall prepare a proposed order and comply with CRC 3.1312 subdivisions (a), (b), (d) and (e). The following is a statement of the court's tentative ruling. he court may adopt, modify or reject t...
2023.12.18 Motion for Summary Adjudication 515
Location: Ventura
Judge: McKaig, Ronda 41
Hearing Date: 2023.12.18
Excerpt: ...5, 9, 12, 21, 28, and 29. The following facts are disputed but nonetheless established: 3, 6, 8, 10, 14, 15, 18, 19, 20, 24, and 27. The following facts are disputed and not established: 7, 11, 13, 15, 17, 22, 23, 25, 26, and 30. As a preliminary matter, Plaintiff's separate statement fails to set forth headings as required by California Rules of Court, rule 3.1350(b). The court exercises its discretion to overlook this procedural defect in this ...
2023.12.15 Motion to Strike Special Motion to Strike 582
Location: Ventura
Judge: McKaig, Ronda 41
Hearing Date: 2023.12.15
Excerpt: ...).) Since Plaintiff has not opposed the motion, he failed to show a probability of prevailing. In any event, the face of the complaint, exhibits attached thereto, and Defendant's evidence strongly suggest that Plaintiff cannot establish a likelihood of prevailing. The litigation privilege bars the claims arising from the allegedly false statements. The allegations related to the video are not actionable as either a violation of Civil Code section...
2023.12.15 Motion to Strike Answer 842
Location: Ventura
Judge: McKaig, Ronda 41
Hearing Date: 2023.12.15
Excerpt: ...n December 29, 2023. Background: This is an action for breach of contract related to a loan. Plaintiff filed the complaint on 8/11/23. On 9/26/23, Defendant served an unfiled answer on Plaintiff. Plaintiff's counsel believed it was deficient, and commenced "meet and confer" efforts with defense counsel. On 10/4/23, Defendant filed a different unverified answer containing denials and affirmative defenses but did not serve it on Plaintiff. On 11/14...
2023.12.14 Motion for Summary Adjudication 665
Location: Ventura
Judge: Bennett, Jeffrey 21
Hearing Date: 2023.12.14
Excerpt: ... submit on the court's tentative decision, please send an email to the court at:[email protected]. All counsel and self-represented parties must be copied on the email. Absent waiver of notice and in the event an order is not signed at the hearing, the prevailing party shall prepare a proposed order and comply with CRC 3.1312 subdivisions (a), (b), (d) and (e). The following is a statement of the court's tentative ruling. The cour...
2023.12.13 Motion for Attorney Fees 082
Location: Ventura
Judge: McKaig, Ronda 41
Hearing Date: 2023.12.13
Excerpt: ...vision, indicaŸng only that a student “may” be liable for fees and costs if the student fails to repay the loan, is in the nature of a cauŸonary admonishment and not an enforceable a©orney's fees provision. The use of the permissive “may” suggests that condiŸons would apply to recovery of the costs and fees, but those condiŸons are not idenŸÞed anywhere in the contract. The Court notes that recovery of costs to a prevailing p...
2023.12.13 Demurrer 044
Location: Ventura
Judge: Bennett, Jeffrey 21
Hearing Date: 2023.12.13
Excerpt: ...tative decision, please send an email to the court at:[email protected]. All counsel and self- represented parties must be copied on the email. Absent waiver of notce and in the event an order is not signed at the hearing, the prevailing party shall prepare a proposed order and comply with CRC 3.1312 subdivisions (a), (b), (d) and (e). The following is a statement of the court's tentative ruling. he court may adopt, modify or reje...
2023.12.12 Motion to Compel Further Responses, for Sanctions 788
Location: Ventura
Judge: McKaig, Ronda 41
Hearing Date: 2023.12.12
Excerpt: ...dant Bee Investment, Inc.'s Motion to Compel Cross-complainant Tsutomo Kagoshima's Further Responses to Special Interrogatories, Set One, is MOOT. However, the Court orders Cross-complainant Tsutomo Kagoshima to pay Cross-Defendant Bee Investment, Inc.'s counsel monetary sanctions in the amount of $540 by January 5, 2024. 1. The motion to compel is moot; the request for sanctions is not Cross-Defendant Bee Investment, Inc. ("Bee"), moves for an o...
2023.12.11 Motion for Summary Judgment 870
Location: Ventura
Judge: Bennett, Jeffrey 21
Hearing Date: 2023.12.11
Excerpt: ...please send an email to the court at:[email protected]. All counsel and self-represented parties must be copied on the email. Absent waiver of notce and in the event an order is not signed at the hearing, the prevailing party shall prepare a proposed order and comply with CRC 3.1312 subdivisions (a), (b), (d) and (e). The following is a statement of the court's tentative ruling. The court may adopt, modify or reject the tentative ...
2023.12.11 Motion for Reconsideration 686
Location: Ventura
Judge: McKaig, Ronda 41
Hearing Date: 2023.12.11
Excerpt: ...r the court's review or any entitlement to review under a motion for reconsideration. Plaintiffs have failed to identify any new or different facts, circumstances, or laws that could not have been presented to the court earlier. Plaintiffs filed their first motion for reconsideration on September 8, 2023. On October 16, 2023, the court denied that motion on the following grounds: (1) the court has no jurisdiction to rule on the motion for reconsi...
2023.12.11 Motion for Final Approval of Settlement 868
Location: Ventura
Judge: Bennett, Jeffrey 21
Hearing Date: 2023.12.11
Excerpt: ...cision, please send an email to the court at:[email protected]. All counsel and self-represented parties must be copied on the email. Absent waiver of notice and in the event an order is not signed at the hearing, the prevailing party shall prepare a proposed order and comply with CRC 3.1312 subdivisions (a), (b), (d) and (e). The following is a statement of the court's tentative ruling. The court may adopt, modify or reject the t...
2023.12.08 Motion to Compel Arbitration 937
Location: Ventura
Judge: McKaig, Ronda 41
Hearing Date: 2023.12.08
Excerpt: ...ition, including concerning the alleged lack of evidence that Plaintiff signed the Dispute Resolution Agreement. (See Alliant Ins. services, Inc. v. Gaddy (2008) 159 cal.App.4th 1292, 1307-1308; sprunk v. Prisma LLC (2017) 14 Cal.App.5th 785, 794.) There is adequate foundation for the statements made in Shin's Reply Declaration at '195-6. Plaintiffs other evidentiary objections are also overruled. The Court intends to grant Defendants' Motion to ...
2023.12.07 Motion to Tax Costs 717
Location: Ventura
Judge: Walsh, Henry J 42
Hearing Date: 2023.12.07
Excerpt: ...motions and ex parte applications to regulate discovery. The Court was an eye witness to the pre-trial disputes as well as the trial itself. There is nothing about the costs being claimed which appear unnecessary or unreasonable. The Court offers the following: there is nothing which requires that a deposed party or witness testify at trial to justify taking the deposition; the cost of exhibits (and enlargements) was necessary to properly demonst...
2023.12.06 Demurrer to FAC 884
Location: Ventura
Judge: Guasco, Matthew P 20
Hearing Date: 2023.12.06
Excerpt: ...ssistant by 8:20 a.m. No notice of intent to appear is required. Parties wishing to submit on the tentative decision must so notify the Court by e-mail at [email protected] or by fax to Judge Guasco's secretary at (805) 477-5892. Do not call in lieu of sending an e-mail or fax. If a party submits on the tentative decision without appearing, but another party appears, the hearing will be conducted in the absence of the non-appearin...
2023.12.06 Demurrer to FAC 627
Location: Ventura
Judge: Borrell, Mark S 40
Hearing Date: 2023.12.06
Excerpt: ...ted by the court. No notice 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 on 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 expr...
2023.12.01 Motion for Summary Judgment 690
Location: Ventura
Judge: Borrell, Mark S 40
Hearing Date: 2023.12.01
Excerpt: ...it on the tentative decision, pu may notify the court by email to [email protected]. Please include the hearing date, the case name and case number on message. You must include all counsel and self-represented parties on pur 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 couns...
2023.11.30 Demurrer to FAC 136
Location: Ventura
Judge: Borrell, Mark S 40
Hearing Date: 2023.11.30
Excerpt: ...s 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 on 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 e...
2023.11.30 Motion to Compel Further Responses 788
Location: Ventura
Judge: McKaig, Ronda 41
Hearing Date: 2023.11.30
Excerpt: ...�) moves for an order (i) compelling Cross-Complainant M & Tony's Touch, Inc.'s (“M & Tony”) further responses to special interrogatories (set no. 1); and (ii) awarding Bee $2,620 in sancŸons against M & Tony. On November 16, 2023, M & Tony Þled a “NoŸce of Service of Response in Lieu of OpposiŸon…” to Bee's moŸon, in which M & Tony (a) indicated that it had served Bee with veriÞed further responses to the subject special inte...
2023.11.30 Motion to Quash Service of Summons, to Dismiss 888
Location: Ventura
Judge: Borrell, Mark S 40
Hearing Date: 2023.11.30
Excerpt: ...ce 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 on 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 in...
2023.11.29 Motion to Vacate Conditional Dismissal, for Entry of Judgment 788
Location: Ventura
Judge: McKaig, Ronda 41
Hearing Date: 2023.11.29
Excerpt: ...ng: Plaintiff American Express National Bank's Motion to Vacate the Conditional Dismissal and Enter Judgment Pursuant to Code of Civil Procedure Section 664.6 is GRANTED. For good cause shown, relief is proper per Code of Civil Procedure section 564.5. Judgment is entered jointly and severally against Defendants Hector Galindo and Hg Tools, LLC in the amount of $32,015.61. Order and Judgment signed this date. Moving party to give notice of the Co...
2023.11.27 Motion to Quash Subpoena for Production of Business Records 665
Location: Ventura
Judge: Bennett, Jeffrey 21
Hearing Date: 2023.11.27
Excerpt: .... Court Call connects to the Courtroom at 8:15 a.m. If you wish to submit on the court's tentative decision, please send an email to the court at:[email protected]. All counsel and self-represented parties must be copied on the email. Absent waiver of notice and in the event an order is not signed at the hearing, the prevailing party shall prepare a order and comply with CRC 3.1312 subdivisions (a), (b), (d) and (e). The following...
2023.11.27 Motion to Compel Further Responses, for Monetary Sanctions 715
Location: Ventura
Judge: Coats, Benjamin 43
Hearing Date: 2023.11.27
Excerpt: ...s locked, please call Judge Coats's secretary, Ms. McIntyre, at 805-289- 8791 to gain entry. The Court allows appearances by CourtCall but is not equip#d for If appearing by CourtCall, call in no later than 8:30 a.m. If you intend to ap#ar by CourtCal, 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....
2023.11.27 Motion to Compel Further Responses 136
Location: Ventura
Judge: Coats, Benjamin 43
Hearing Date: 2023.11.27
Excerpt: ...s appearances by CourtCall but is not equipped for Zoom. If appearing by CourtCall, call in no later than 8:30 a.m. 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 app...
2023.11.22 Motion for Final Approval of Settlement 241
Location: Ventura
Judge: McKaig, Ronda 41
Hearing Date: 2023.11.22
Excerpt: ...he description of work performed by each class representative is generic enough that the exact same description is used for representatives. It is unclear why an award of $10,000 is warranted, and no updated declarations were provided. The Court did not previously flag this as an issue, so if the parties wish to contnue the hearing and prov-ded updated declarations, the Court can accommodate that request. Otherwise the Court intends to award $5,0...
2023.11.21 Motion to Strike 135
Location: Ventura
Judge: Coats, Benjamin 43
Hearing Date: 2023.11.21
Excerpt: ...by CourtCall but is not equipped for Zoom. If appearing by CourtCall, call in no later than 8:30 a.m. If you intend to appear by CourtCall, you must make arrangements with CourtCall by 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...
2023.11.21 Motion to Compel Memorandum of Points and Authorities in Support of Motion to Compel 692
Location: Ventura
Judge: McKaig, Ronda 41
Hearing Date: 2023.11.21
Excerpt: ...ents in Response to Plaintiff's First Set of Document Requests is DENIED. The motion is untimely pursuant to Code of Civil Prc„cedure section 2031.310, subdivision (c). Additionally, the meet and confer was inadequate and the separate statement was defective. a. The motion is untimely. Ctxle of Civil Procedure section 2031.310, subdivision (c) provides: "[u]nless notice of this motion is given within 45 days of the service of the verified respo...
2023.11.21 Motion for Final Judgment and Allocation of Sales Proceeds 838
Location: Ventura
Judge: Coats, Benjamin 43
Hearing Date: 2023.11.21
Excerpt: ... but is not equipped for Zoom. If appearing by CourtCall, call in no later than 8:30 a.m. 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 made. With respect to the tentative ruling no notice of intent to appear is required. If you wish to subm...
2023.11.21 Demurrer to FAC 628
Location: Ventura
Judge: Coats, Benjamin 43
Hearing Date: 2023.11.21
Excerpt: ...ces by CourtCall but is not equipped for Zoom. If appearing by CourtCall, call in no later than 8:30 a.m. If you intend to appear by CourtCall, you must make arrangements with CourtCall by 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...
2023.11.21 Demurrer 135
Location: Ventura
Judge: Coats, Benjamin 43
Hearing Date: 2023.11.21
Excerpt: ...CourtCall but is not equipped for Zoom. If appearing by CourtCall, call in no later than 8:30 a.m. 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. ...
2023.11.20 Demurrer to FAC 751
Location: Ventura
Judge: Coats, Benjamin 43
Hearing Date: 2023.11.20
Excerpt: ... is not equipped for Zoom. If appearing by CourtCall, call in no later than 8:30 a.m. If you intend to appear by CourtCall, you must make arrangements with CourtCall by 4M 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 notce of intent to appear is required. If pu wish to su...
2023.11.16 Demurrer 361
Location: Ventura
Judge: Coats, Benjamin 43
Hearing Date: 2023.11.16
Excerpt: ...in entry. The Court allows appearances by CourtCall but is not equipped for Zoom. If appearing by CourtCall, call in no later than 8:30 a.m. If you intend to appear by CourtCall, pu 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...
2023.11.15 Motion for Reconsideration of Motion to Compel Arbitration 507
Location: Ventura
Judge: McKaig, Ronda 41
Hearing Date: 2023.11.15
Excerpt: ...98, the only published state court case that had dec:ided the arbitrability of a nearly identical arbitration clause under similar circumstances at that time. Since then, other decisions have been published disagreeing with and/or critiquing Felisilda. Plaintiff moved on July 12, 2023 for the Court's reconsideration of its ruling granting the motion to arbitrate based on new cases disagreeing with Felisilda. The Court denied Plaintiff's request, ...
2023.11.14 Motion for Leave to Intervene 933
Location: Ventura
Judge: Coats, Benjamin 43
Hearing Date: 2023.11.14
Excerpt: ...s not equipped for Zoom. If appearing by CourtCall, call in no later than 8:30 a.m. 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 ...
2023.11.13 Demurrer 438
Location: Ventura
Judge: McKaig, Ronda 41
Hearing Date: 2023.11.13
Excerpt: ... a participant or beneficiary to recover benefits due under the terms of the plan, to enforce rights under the terms of the plan, or to clarify rights to future benefits under the terms of the plan. (29 U.S.C.A. S 1132, subds. The Court intends to overrule the demurrer to the extent it is based on Code Civ. Proc., S 430.10, subd. (b) as there is no argument or indication that plaintiff lacks the legal capacity to sue. The Court intends to overrul...
2023.11.09 Motion to Compel Discovery and Deemed Admissions, for Monetary Sanctions 305
Location: Ventura
Judge: McKaig, Ronda 41
Hearing Date: 2023.11.09
Excerpt: ...(3) Defendant's Motion to Have Matters Deemed Admitted, and $960 in sanctions. (4) Defendant's Motion to Compel Responses to Special Interrogatories, and $960 in sanctions. (unopposed) Tentative Rulings: The Court intends to rule as follows: Defendant Casey Dean Pfankuchen's Motion to Compel Plaintiff Ulises Reyna's Responses to Form Interrogatories (Set One) is unopposed and is GRANTED. Defendant's Motion to Compel Plaintiff's Responses to Speci...
2023.11.09 Motion for Summary Judgment 747
Location: Ventura
Judge: McKaig, Ronda 41
Hearing Date: 2023.11.09
Excerpt: ...pany's complaint in Allied v. Edwards, 55-2016 -W477571-CU-lC-VTA. Tentative Ruling: The Court intends to deny the motion for summary adjudication of the fourth issue, going to the second cause of action in Allied's complaint filed in case no. 201500477571 on 1/25/16. Defendants have failed to meet their burden of demonstrating that Allied will be unable to establish one of the elements of the cause of action or that they have a complete defense ...
2023.11.08 Demurrer to SAC 058
Location: Ventura
Judge: McKaig, Ronda 41
Hearing Date: 2023.11.08
Excerpt: ...ond amended Cll (opposed) Tentative Ruling: The Court intends to overrule Defendants in Intervention's Demurrer to the Second Amended Complaint In Intervention's third cause of achon for express contractual indemnity. Background: Complaint for breach of contract, conversion, UCL, and account stated filed by Nancy Faries, as trustee for Cyril L. and Nancy L Faries Family Trust, on 5/25/22. After a demurrer and motion to strike were filed, a First ...
2023.11.07 Motion to Dismiss Petition for Alternative and Peremptory Writ of Mandate 675
Location: Ventura
Judge: McKaig, Ronda 41
Hearing Date: 2023.11.07
Excerpt: ... Water Quality Control Board, Los Angeles Region ("Regional Board") (opposed) (3) Joinder to the motion to dismiss and the demurrer by Real Party In Interest The Boeing Company ("Boeing") Tentative Rulings: Boeing's joinder is GRANTED. DTSC's motion to dismiss is GRANTED. Plaintiffs failed to timely file a request for a hearing pursuant to Public Resources Code section 21157.4. No separate request for hearing was filed in the first 90 days of thi...
2023.11.06 Motion for Summary Judgment, Adjudication 268
Location: Ventura
Judge: Bennett, Jeffrey 21
Hearing Date: 2023.11.06
Excerpt: ... 8:15 a.m. If you wish to submit on the court's tentative decision, please send an email to the court at:[email protected]. All counsel and self-represented parties must be copied on the email. Absent waiver of notice and in the event an order is not signed at the hearing, the prevailing party shall prepare a order and comply with CRC 3.1312 subdivisions (a), (b), (d) and (e). The following is a statement of the court's tentatve r...
2023.11.06 Motion for Summary Judgment 112
Location: Ventura
Judge: McKaig, Ronda 41
Hearing Date: 2023.11.06
Excerpt: ...33, 34, 35, 36, 27, 38, 39, 40, 41, 42, 43, 44, and 45. Defendants' Material Facts that are undisputed, but not established: LIMF No. 9. Defendants' Material Facts that are disputed, but otherwise established: LIMF Nos. 8, 10, 20, and 27. This case involves a cause of action for against defendants, Francisco and Noemi Apodaca Gonzalez, and the Gonzalez's real estate broker, Richard Ballard dba RE Ballard Company. The gravamen of this action is Pl...
2023.11.06 Motion for Summary Judgment 109
Location: Ventura
Judge: McKaig, Ronda 41
Hearing Date: 2023.11.06
Excerpt: ...sly sued as Sares Regis Management Co. LLC ("Sares") is DENIED. There is a factual dispute as to whether Knolls and Sares had knowledge of the dangerous propensity of the dog prior to the incident giving rise to Plaintiff's claims. Plaintiff proffered testimony of a witness who claims he notified property management of both the dangerous propensity of the dog and identifying information about the owner of the dog prior to the incident in this cas...
2023.11.03 Demurrer to FAC, Motion to Strike Punitive Damages 657
Location: Ventura
Judge: McKaig, Ronda 41
Hearing Date: 2023.11.03
Excerpt: ...ke the delayed discovery rule such that the claim is not necessarily barred by the statute of limitations. Moreover, the cause of action is pled with the required level of specificity, and the facts alleged establish an adequate transactional relationship giving rise to a duty to disclose. The Defendant's Motion to Strike is denied because the FAC pleads facts sufficient to support a claim for punitive damages on the basis of fraud, malice, and/o...

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