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2018.12.31 Demurrer, Motion to Strike 939
Location: Ventura
Judge: O'Neill, Vincent J
Hearing Date: 2018.12.31
Excerpt: ..., 12/05/2018 stolo Tentative ruling for December 31, 2018 on Defendant Hugh N. Dallas' demurrer to complaint or in the alternative motion to strike complaint. The court overrules Defendant Hugh N. Dallas' demurrer and denies his alternative motion to strike. Defendant has failed to comply with CCP § 430.60, CRC §3.1320(a) and CRC 3.1322(a). Beyond that, a demurrer is limited to the face of the complaint and any matter of which the court...
2018.12.31 Motion to Compel IMEs 869
Location: Ventura
Judge: Guasco, Matthew P 20
Hearing Date: 2018.12.31
Excerpt: ...Law & Motion Procedures: The law and motion calendar in Courtroom 20 before Judge Matthew P. Guasco starts promptly at 8:30 a.m. Ex parte applications will be heard at the same time as matters on the law and motion calendar. Parties appearing by Court Call must check in with the Judicial Assistant 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 Cou...
2018.12.28 Motion to Compel Further Responses 997
Location: Ventura
Judge: Guasco, Matthew P 20
Hearing Date: 2018.12.28
Excerpt: ...Courtroom 20 Law & Motion Procedures: The law and motion calendar in Courtroom 20 before Judge Matthew P. Guasco starts promptly at 8:30 a.m. Ex parte applications will be heard at the same time as matters on the law and motion calendar. Parties appearing by Court Call must check in with the Judicial Assistant 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�...
2018.12.27 Motion to Compel Further Responses 997
Location: Ventura
Judge: Guasco, Matthew P 20
Hearing Date: 2018.12.27
Excerpt: ...2018 stolo Notice Regarding Courtroom 20 Law & Motion Procedures: The law and motion calendar in Courtroom 20 before Judge Matthew P. Guasco starts promptly at 8:30 a.m. Ex parte applications will be heard at the same time as matters on the law and motion calendar. Parties appearing by Court Call must check in with the Judicial Assistant by 8:20 a.m. No notice of intent to appear is required. Parties wishing to submit on the tentative decision mu...
2018.12.21 Motion to Pay Judgment by Installments 069
Location: Ventura
Judge: Guasco, Matthew P 20
Hearing Date: 2018.12.21
Excerpt: ...rding Courtroom 20 Law & Motion Procedures: The law and motion calendar in Courtroom 20 before Judge Matthew P. Guasco starts promptly at 8:30 a.m. Ex parte applications will be heard at the same time as matters on the law and motion calendar. Parties appearing by Court Call must check in with the Judicial Assistant 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...
2018.12.21 Motion to Strike Punitive Damages 587
Location: Ventura
Judge: DeNoce, Kevin G 22
Hearing Date: 2018.12.21
Excerpt: ... to Judge DeNoce for all purposes. The morning calendar before Judge Kevin G. DeNoce will begin at 9 a.m. in courtroom 43. Cases including ex parte matters will not be called prior to 9 a.m. Please check in with the courtroom clerk by no later than 8:45 a.m. If appearing by Court Call, please call in between 8:35 and 8:45 a.m. If you wish to submit on the court's tentative decision, please send an email to the court at: [email protected]...
2018.12.4 Motion to Compel Answers 412
Location: Ventura
Judge: O'Neill, Vincent J
Hearing Date: 2018.12.4
Excerpt: ...ack Angus Steakhouse's Motion for Order Compelling Answers to Deposition Questions The court denies Defendant Black Angus Steakhouse's Motion for Order Compelling Answers to Deposition Questions. CCP §§ 2017.010 and 2025.480. The specific questions at issue here are insufficiently focused on the relevant incident date or time frame, and are therefore not reasonably calculated to lead to the discovery of admissible evidence. Colonial Lif...
2018.12.3 Motion for Expunge Lis Pendens 128
Location: Ventura
Judge: DeNoce, Kevin G 22
Hearing Date: 2018.12.3
Excerpt: ...ed to Judge DeNoce for all purposes. The morning calendar before Judge Kevin G. DeNoce will begin at 9 a.m. in courtroom 43. Cases including ex parte matters will not be called prior to 9 a.m. Please check in with the courtroom clerk by no later than 8:45 a.m. If appearing by Court Call, please call in between 8:35 and 8:45 a.m. If you wish to submit on the court's tentative decision, please send an email to the court at: Courtroom43@ventura....
2018.2.20 Application for Right to Attach Order, Writ of Attachment 360
Location: Ventura
Judge: O'Neill, Vincent J
Hearing Date: 2018.2.20
Excerpt: ...n and Hearing for Right to Attach Order and Writs of Attachment, 12/04/2017 stolo Tentative ruling for February 20, 2018 on Plaintiff's Applications for Right to Attach Order and Order for Issuance of Writ of Attachment against Defendants Loya and TSX The court grants Plaintiff's Application for Right to Attach Order against Defendant TSX and sets the amount of the undertaking at $10,000. The requirements of CCP §484.090 have been met an...
2018.2.20 Demurrer 480
Location: Ventura
Judge: Kellegrew, Kent M
Hearing Date: 2018.2.20
Excerpt: ...uest for judicial notice is GRANTED. Porat's demurrer for uncertainty is OVERRULED. Porat's demurrer for failure to state a claim to each cause of action in the FAXC is SUSTAINED WITH LEAVE TO AMEND. Cross‐Complainants cannot state a claim against Porat based on his alleged ownership or status of a buyer of the property because the grant deed shows that the allegation is false. The courts will not close their eyes to situations where th...
2018.2.16 Motion to Permit Pre Trial Discovery 316
Location: Ventura
Judge: Kellegrew, Kent M
Hearing Date: 2018.2.16
Excerpt: ...ther, 01/17/2018 stolo The Court intends to Grant the motion to conduct discovery of defendant's assets. Initially, the court notes that the evidentiary objections filed by Defendant are overruled in their entirety. Plaintiffs have established a 'substantial probability' of prevailing on a claim for punitive damages. The disclosure of the financial condition is limited to Plaintiffs' attorney only. "Even if discovery is ordere...
2018.2.16 Demurrer 632
Location: Ventura
Judge: Kellegrew, Kent M
Hearing Date: 2018.2.16
Excerpt: ...by the statute of limitations at CCP § 340.5 and plaintiff has not plead around the bar. The Court intends to Deny leave to amend unless plaintiffs can demonstrate how she can amend. Discussion: Demurrer is only appropriate where the grounds for objection appear on the face of the complaint or from any matter of which the court is required to or may take judicial notice. CCP § 430.30(a). For the purpose of a demurrer, the court must treat all p...
2018.2.15 Motion for Summary Judgment or Adjudication 658
Location: Ventura
Judge: Kellegrew, Kent M
Hearing Date: 2018.2.15
Excerpt: ...t intend to Deny the motion for summary judgment. The Court intends to Deny summary adjudication of issue (1) "There is no triable issue of material fact on the 1 st or 2 nd causes of action of plaintiff's complaint for premises liability and negligence, as plaintiff's exclusive remedy is recovery through the workers' compensation scheme pursuant to Labor Code section 3602." In undisputed material facts nos. 3‐8, movant MGR ...
2018.2.15 Motion for Leave to File Complaint 731
Location: Ventura
Judge: Kellegrew, Kent M
Hearing Date: 2018.2.15
Excerpt: ..." to accept the court's explanation for its ruling. (Murray dec., ¶ 3). At the hearing, the court "inquired of Mr. Maciejewski if he had any evidence or could make any other allegations that would provide the Court with a reason to give him leave to amend. [], he admitted he could not." (Murray dec., ¶ 6). Leave to amend was denied on 8/31/17. It appears that plaintiffs' law firm gave the file to another attorney, Sheri Kane...
2018.2.15 Motion to Quash Service of Summons 487
Location: Ventura
Judge: DeNoce, Kevin G 22
Hearing Date: 2018.2.15
Excerpt: ...courtroom 43 will begin at 9 a.m. Cases including ex parte matters will not be called prior to 9 a.m. Please check in with the courtroom clerk by no later than 8:45 a.m. If appearing by CourtCall, please call in between 8:35 and 8:45 a.m. With respect to the below scheduled tentative ruling, no notice of intent to appear is required. If you wish to submit on the tentative decision, you can send an email to the court at: [email protected]...
2018.2.15 Motion to Set Aside Default 289
Location: Ventura
Judge: Kellegrew, Kent M
Hearing Date: 2018.2.15
Excerpt: ...Grant Defendant's motion to set aside default and default judgment. The Court intends to order the Defendant to file and serve his answer. Discussion: CCP Section 473.5: When service of a summons has not resulted in actual notice to a party in time to defend the action and a default or default judgment has been entered against him or her in the action, he or she may serve and file a notice of motion to set aside the default or default judgmen...
2018.2.13 Motion for Summary Judgment 590
Location: Ventura
Judge: Walsh, Henry J 42
Hearing Date: 2018.2.13
Excerpt: ...9; motion for summary judgment/summary adjudication is denied. Defendants have met their initial burden by presenting evidence to negate the essential elements of breach of duty and causation. (See Defendants' UMF 5‐17, 22‐34, 39‐51, 56‐68 and 73‐85: Ex. C [Garcia depo]; Ex. D [Curtis depo]; Ex. e [Wright depo]). Specifically, Defendants' evidence is sufficient to show that Garcia did not breach his legal duty or cause the subje...
2018.2.13 Motion to Set Aside Default 999
Location: Ventura
Judge: Kellegrew, Kent M
Hearing Date: 2018.2.13
Excerpt: ...: Motion to Set Aside Default, 01/12/2018 stolo The Court intends to Grant the motion to set aside the default. There are no "gotchas" and no cheap judgments. Plaintiff indeed filed the request for default at the first moment after the 30 days ran ‐‐ the 1 st court day after Christmas. This all but tripping over the threshold to enter such a default, while allowed by the code is unssemly. 1. Landscape: CCP 473(b) provides a court is e...
2018.2.2 Motion to Strike 797
Location: Ventura
Judge: DeNoce, Kevin G 22
Hearing Date: 2018.2.2
Excerpt: ... calendar before Judge Kevin G. DeNoce will begin at 9 a.m. in courtroom 43. Cases including ex parte matters will not be called prior to 9 a.m. Please check in with the courtroom clerk by no later than 8:45 a.m. If appearing by Court Call, please call in between 8:35 and 8:45 a.m. With respect to the below scheduled tentative ruling, no notice of intent to appear is required. If you wish to submit on the tentative decision, you can send an email...
2018.2.1 Petition to Vacate Arbitration Award 569
Location: Ventura
Judge: Kellegrew, Kent M
Hearing Date: 2018.2.1
Excerpt: .../2017 stolo The Court intends to Deny Respondents Scott and Hillary Lipsig's petition to vacate the January 19, 2017 Arbitration Award, on the ground that the request to vacate the Award is time‐barred because it was (i) not filed within 100 days of service of the Award on Respondents (see Code of Civil Procedure §1288); and (ii) not filed within 10 days of Petitioner K.O. Remodeling, Inc.'s service on Respondents of its petition to co...
2018.2.1 Motion to Compel 316
Location: Ventura
Judge: Kellegrew, Kent M
Hearing Date: 2018.2.1
Excerpt: ...e motion was not timely mail served per CCP § 1005(b), the Court intends to consider the motion on it's merits as a timely opposition and reply have been filed/served. The Court intends to Deny Defendants' motion to compel further responses to depositions. CCP § 2025.480. The Court intends to Grant Plaintiffs' request for sanctions. CCP § 2025.480(j). The Court intends to award sanctions against defense counsel Jennie Hendrickson i...
2018.2.1 Motion to be Relieved as Counsel 856
Location: Ventura
Judge: Borrell, Mark S 40
Hearing Date: 2018.2.1
Excerpt: ...el of Record, 01/09/2018 stolo The following is a statement of the court's tentative ruling. The court may adopt, modify or reject the tentative ruling after considering the parties' oral arguments. The tentative ruling will have no legal effect unless adopted by the court. No notice of intent to appear is required. If you wish to submit on the tentative decision, you may send a telefax to Judge Borrell's secretary, Denise Arreola, at...
2018.2.1 Motion for Defense Costs 228
Location: Ventura
Judge: Kellegrew, Kent M
Hearing Date: 2018.2.1
Excerpt: ...L DOCUMENT/DATE FILED: Motion ‐ Other, 12/18/2017 stolo The Court intends to DENY the Defendant's motion for costs. While there were several significant failures on plaintiff's part in this matter and defendant ultimately prevailed on summary judgment, ultimately the evidence demonstrates that plaintiff brought and maintained this action in the good faith belief in the action's justifiability and with objective reasonable cause. The...
2018.2.1 Demurrer 002
Location: Ventura
Judge: DeNoce, Kevin G 22
Hearing Date: 2018.2.1
Excerpt: ...g calendar in courtroom 43 will begin at 9 a.m. Cases including ex parte matters will not be called prior to 9 a.m. Please check in with the courtroom clerk by no later than 8:45 a.m. If appearing by CourtCall, please call in between 8:35 and 8:45 a.m. With respect to the below scheduled tentative ruling, no notice of intent to appear is required. If you wish to submit on the tentative decision, you can send an email to the court at: Courtroom43@...
2018.2.1 Motion to Compel Further Responses 181
Location: Ventura
Judge: DeNoce, Kevin G 22
Hearing Date: 2018.2.1
Excerpt: ..., 01/04/2018 stolo The morning calendar in courtroom 43 will begin at 9 a.m. Cases including ex parte matters will not be called prior to 9 a.m. Please check in with the courtroom clerk by no later than 8:45 a.m. If appearing by CourtCall, please call in between 8:35 and 8:45 a.m. With respect to the below scheduled tentative ruling, no notice of intent to appear is required. If you wish to submit on the tentative decision, you can send an email ...

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