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2254 Results

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2018.10.31 Demurrer 786
Location: Ventura
Judge: Walsh, Henry J 42
Hearing Date: 2018.10.31
Excerpt: ...r uncertainty is Overruled. There are no uncertainties in the FAC which cannot be clarified through discovery. See Khoury v. Maly's oif California, 14 Cal.App.4th 612. Moving defendant's demurrer for failure to state a claim to the FAC as a whole is Overruled. Although not addressed by the parties, a general demurrer for failure to state a claim directed to the complaint as a whole should be denied if some portion of the complaint states ...
2018.10.31 Motion to Compel Deposition 315
Location: Ventura
Judge: Kellegrew, Kent M
Hearing Date: 2018.10.31
Excerpt: ...intends to rule as follows: Plaintiffs' Motion for Order Compelling Deposition of Elvira Citrowske and Production of Documents is DENIED. Plaintiffs are seeking privileged and non‐discoverable testimony and document production in violation of Evidence Code §§ 1040 and 1157 and Fox v. Kramer (2000) 22 Cal.4th 531. As such, the motion is denied. Moving party to give notice. Discussion: Initially, the Court notes that, contrary to Defendants...
2018.10.31 Motion for Leave to File Complaint 143
Location: Ventura
Judge: Borrell, Mark S 40
Hearing Date: 2018.10.31
Excerpt: ...ling. 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 805‐477‐5894, stating that you submit on the tentative. A copy of the telefax must be ...
2018.10.31 Motion to Consolidate for Trial 635
Location: Ventura
Judge: DeNoce, Kevin G 22
Hearing Date: 2018.10.31
Excerpt: ... FILED: Motion to Consolidate Cases, 10/04/2018 stolo This case has been assigned 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...
2018.10.30 Motion for Attorney Fees 380
Location: Ventura
Judge: Kellegrew, Kent M
Hearing Date: 2018.10.30
Excerpt: ...29/2018 stolo Plaintiffs' motion for fees on appeal is GRANTED IN PART in the amount of $73,529.95. The Court reduced the award based on Brian Bickel's excessive hourly rate (which has been reduced to $450) and the excessive time reported to have spent in connection with this motion (which has been reduced by 20 hours). Thus, the underlying lodestar figure is $65,610.50. The Court finds that a multiplier of 1.1 is warranted, and therefore...
2018.10.30 Motion to Compel Arbitration, Stay Action 506
Location: Ventura
Judge: Borrell, Mark S 40
Hearing Date: 2018.10.30
Excerpt: ...tatement 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 805‐477‐ 5894, stating that you submit on the ...
2018.10.30 Motion to Set Aside Default, Judgment 772
Location: Ventura
Judge: DeNoce, Kevin G 22
Hearing Date: 2018.10.30
Excerpt: ...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] stati...
2018.10.30 Motion for Judgment on the Pleadings 342
Location: Ventura
Judge: Guasco, Matthew P 20
Hearing Date: 2018.10.30
Excerpt: ...e 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 must so notify the...
2018.10.29 Motion to Stay Action Pending Appeal of Arbitration 581
Location: Ventura
Judge: Guasco, Matthew P 20
Hearing Date: 2018.10.29
Excerpt: ...E FILED: Motion ‐ Other, 10/04/2018 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 su...
2018.10.29 Motion for Attorney's Fees 742
Location: Ventura
Judge: Borrell, Mark S 40
Hearing Date: 2018.10.29
Excerpt: ... 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 805‐477‐5894, stating that you submit on the tentative. A...
2018.10.29 Motion to Establish Admissions, Request for Sanctions 826
Location: Ventura
Judge: Guasco, Matthew P 20
Hearing Date: 2018.10.29
Excerpt: ...her, 09/25/2018 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 ...
2018.10.29 Motion to Disqualify Attorney 775
Location: Ventura
Judge: O'Neill, Vincent J
Hearing Date: 2018.10.29
Excerpt: ... October 29, 2018 on Defendants/Cross‐Complainants Kelly Frederick's and Timothy Athens' Motion to Disqualify Plaintiff/Cross‐Defendant Tricoast Builders, Inc.'s and Cross‐Defendant Michael Connette's Counsel of Record The court finds that Plaintiff and Cross‐Defendant fail to demonstrate that Defendants' delay in bringing this motion and the resulting prejudice is so extreme as to support a finding that Defendants hav...
2018.10.29 Motion for Summary Judgment, Adjudication 982
Location: Ventura
Judge: Kellegrew, Kent M
Hearing Date: 2018.10.29
Excerpt: ...for Summary Judgment and/or Adjudication, 06/07/2018 stolo The Court intends to rule as follows: Defendant's request for judicial notice is GRANTED. Defendant's motion for summary judgment of the entire action is DENIED, and Defendant's motion for summary adjudication is GRANTED IN PART and DENIED IN PART. The motion for summary adjudication is DENIED as to the second, third, fifth, sixth, seventh, eighth, and ninth causes of action. ...
2018.10.26 Petition for Relief from Provisions of Government Code 945.4 553
Location: Ventura
Judge: Kellegrew, Kent M
Hearing Date: 2018.10.26
Excerpt: ...on ‐ Other, 08/20/2018 stolo The court intends to DENY Petitioner Gail Simpson's Petition to be Relieved from Provisions of Gov. Code 945.4 because: (1) It is time‐barred because Petitioner did not present her application for late claim relief within one year of the accrual of her cause(s) of action and the court does not have jurisdiction over the late claim and may not grant relief. Filing a late‐claim application within one year of t...
2018.10.25 Motion to Strike 155
Location: Ventura
Judge: DeNoce, Kevin G 22
Hearing Date: 2018.10.25
Excerpt: ...or 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] statin...
2018.10.25 Motion for Summary Judgment 566
Location: Ventura
Judge: Kellegrew, Kent M
Hearing Date: 2018.10.25
Excerpt: ...Court GRANTS the defendant's request for judicial notice. Judicial notice is taken of defendant's Exhibits A, D‐M. (Evid. Code, §§ 451 and 452.) The Court finds the following undisputed material facts ("UMFs") are undisputed and established: 1‐64. The Court GRANTS defendant's motion for summary judgment on the second amended complaint. Defendant has made a persuasive argument that summary judgment is proper as there is n...
2018.10.24 Demurrer 571
Location: Ventura
Judge: O'Neill, Vincent J
Hearing Date: 2018.10.24
Excerpt: ... Mark C. Sherwood's and Suncoast Produce, Inc.'s Demurrer to Plaintiff John Paul Voita's Second Amended Complaint The court sustains, without leave to amend, Defendants Mark C. Sherwood's ("Sherwood") and Suncoast Produce, Inc.'s ("Suncoast") general demurrer to the first cause of action for fraud in Plaintiff John Paul Voita's Second Amended Complaint (SAC), on the grounds that Plaintiff fails to allege fa...
2018.10.22 Motion for Attorney Fees 692
Location: Ventura
Judge: DeNoce, Kevin G 22
Hearing Date: 2018.10.22
Excerpt: ... 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] stating that you submi...
2018.10.9 Demurrer 494
Location: Ventura
Judge: O'Neill, Vincent J
Hearing Date: 2018.10.9
Excerpt: ...g for October 9, 2018 on Defendants' Demurrer Grant Defendants' unopposed request for judicial notice. Sustain, without leave to amend, Defendants' demurrer to all ten causes of action on all grounds argued by Defendants, including res judicata and the individual arguments raised as to the merits of each claim, as further explained below. 1. Civil Code §2923.5 "California Civil Code 2923.5 includes a ... provision requiring a len...
2018.10.5 Motion for Leave to Amend Complaint 035
Location: Ventura
Judge: Kellegrew, Kent M
Hearing Date: 2018.10.5
Excerpt: ...tion for Leave to File, 08/24/2018 stolo The Court intends to rule as follows: The Court intends to GRANT the motion for leave to amend. Plaintiff complied with Rule 3.1324. Defendants failed to establish that the proposed cause of action is deficient as a matter of law. Cal OSHA violations may be admitted to establish a standard or duty of care in all negligence, including third party actions. Defendants' arguments that they did not violate ...
2018.10.4 Motion to Compel Discovery 083
Location: Ventura
Judge: Kellegrew, Kent M
Hearing Date: 2018.10.4
Excerpt: ... Defendant's objections to SI Nos. 20‐24 on the grounds of relevance and overbreadth lack merit and are OVERRULED. Defendant's privacy objection to SI Nos. 21‐22 lack merit and are OVERRULED. Defendant's privacy objection to SI Nos. 20 and 23‐24 does not justify the denial of discovery; however, the Belaire notice and opt‐out procedure should be followed to assuage privacy concerns. Accordingly, the Court will order the use of...
2018.10.4 Motion to Pay Judgment by Installments, for Stay of Execution of Judgment 334
Location: Ventura
Judge: Kellegrew, Kent M
Hearing Date: 2018.10.4
Excerpt: ... in Installments, 07/16/2018 stolo The Court intends to rule as follows: Continue for proper service on the creditor pursuant to CCP §1005(b). Only eight days notice was given. Upon proper notice, the motion may ultimately be granted. Discussion: In a limited civil case in which the defendant has appeared, if the judgment or order is for the payment of money by the defendant, the defendant shall pay the judgment immediately or at any time and up...
2018.10.4 Motion to Set Aside Summary Judgment 298
Location: Ventura
Judge: DeNoce, Kevin G 22
Hearing Date: 2018.10.4
Excerpt: ...igned 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@ventu...
2018.10.4 Motion to Void Judgment 577
Location: Ventura
Judge: Kellegrew, Kent M
Hearing Date: 2018.10.4
Excerpt: ... Other, 09/07/2018 stolo The Court intends to rule as follow: Deny Plaintiff Rudi Londt's request for an order vacating the Court's June 9, 2017 Judgment and the Court's October 24, 2017 Order awarding Defendants Nationstar Mortgage LLC and HSBC Bank, USA attorney's fees. Defendant brings his motion pursuant to Code of Civil Procedure §473(d) on the ground that the June 9, 2017 Judgment and the October 24, 2017 Order are "voi...
2018.10.2 Motion to Compel Production of Docs 930
Location: Ventura
Judge: Borrell, Mark S 40
Hearing Date: 2018.10.2
Excerpt: ...'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 805‐477‐5894, stating that you submit on the tentative. A copy of t...

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