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2019.12.18 Motion for Attorney Fees 347
Location: Ventura
Judge: O'Neill, Vincent J
Hearing Date: 2019.12.18
Excerpt: ...tive ruling for December 18, 2019 on All Valley Escrow, Inc. and Brian Troop's motion for attorney fees. The court denies Defendants' motion for attorney fees with respect to defendant Brian Troop, and continues the matter for further briefing with respect to Defendant All Valley Escrow, Inc. Defendants seek attorney fees based upon a contractual provision and Civil Code §1717. Plaintiff asserted a breach of contract claim against All Valley Esc...
2019.12.12 Motion for Restitution 793
Location: Ventura
Judge: O'Neill, Vincent J
Hearing Date: 2019.12.12
Excerpt: ...er, 10/16/2019 stolo Defendant Westlake Health Care Center's Motion for Restitution The court denies Westlake Health Care Center's ("WHC") motion for restitution. The Court of Appeal affirmed this court's decision and as such, the law of this case is that WHC's lease contained a subordination clause that rendered the lease subordinate to the foreclosure deed of trust. Dr. Leevil, LLC v. Westlake Health Care Center, (2017) 9 Cal. App. 5 th 450, 45...
2019.12.5 Motion for Change of Venue 774
Location: Ventura
Judge: O'Neill, Vincent J
Hearing Date: 2019.12.5
Excerpt: ...tion to Transfer, 11/04/2019 stolo Tentative ruling for December 4, 2019 on Defendant OC Re‐Hab 1, LLC's Motion to Transfer Venue to Orange County, and to impose sanctions on counsel for Plaintiff Forde Biological Consultants The Court grants all requests for judicial notice. Procedural Issues Defendant OC Re‐Hab 1, LLC's ("OCR") argument that Plaintiff Forde Biological Consultants ("FBC") failed to submit any evidence in support of Plaintiff...
2019.11.25 Demurrer 690
Location: Ventura
Judge: O'Neill, Vincent J
Hearing Date: 2019.11.25
Excerpt: ...Demurrer and Motion to Strike Defendant Osep E. Armagan's demurrer for uncertainty is OVERRULED. There are no uncertainties in the First Amended Complaint that cannot be clarified through modern discovery procedures. (Khoury v. Maly's of California, Inc. (1993) 14 Cal.App.4th 612, 616.) Although the notice of demurrer indicates that the demurrer is directed at all causes of action in the FAC, the demurrer itself lists only the second cause of act...
2019.11.13 Motion to Add Judgment Debtor 318
Location: Ventura
Judge: O'Neill, Vincent J
Hearing Date: 2019.11.13
Excerpt: ...vember 13, 2019 on Plaintiffs/Judgment Creditors JDP 21 California, LLC, EC 101 Chestnut, LLC and California Gusher No. 83, LLC's Motion to Amend Judgment Plaintiffs/Judgment Creditors JDP 21 California, LLC, EC 101 Chestnut, LLC and California Gusher No. 83, LLC's Motion to Amend Judgment is GRANTED. For good cause shown, relief is proper per CCP § 187. There are numerous factors which may support a finding of unity of interest and ownership. I...
2019.11.13 Motion to Strike 238
Location: Ventura
Judge: O'Neill, Vincent J
Hearing Date: 2019.11.13
Excerpt: ...November 13, 2019 on Defendant Ventura Unified School District's demurrer and motion to strike first amended complaint The court sustains Defendant Ventura Unified School District's demurrer to the 6th cause of action in the first amended complaint (FAC) without leave to amend based upon plaintiffs' notice of non‐opposition. The court grants Defendant's motion to strike in part and denies the motion to strike in part. The uncontested portion of...
2019.10.7 Demurrer 861
Location: Ventura
Judge: O'Neill, Vincent J
Hearing Date: 2019.10.7
Excerpt: ...g for October 7, 2019 on Defendant Lantana Associates, LLC's (1) Demurrer to the Second Amended Complaint; and (2) Motion to Strike Portions of the Second Amended Complaint Defendant Lanatana Associates, LLC's Demurrer to the Second Amended Complaint (SAC) Sustain the demurrer as to Plaintiffs Onesimo Cruz, William Cruz, Melany Cruz, Abraham Cruz and Maria Casilla's first cause of action for breach of contract, which fails to allege f...
2019.10.7 Motion for Summary Adjudication 122
Location: Ventura
Judge: O'Neill, Vincent J
Hearing Date: 2019.10.7
Excerpt: ...ber 7, 2019 on Defendant's Motion for Summary Adjudication The court denies Defendant's Motion for Summary Adjudication. All evidentiary objections filed by both sides are denied. For purposes of this motion only: UMF Nos. 2‐9, 11‐21, 25‐27, 35‐39, 42‐46, 48‐52, and 54 are undisputed and established. UMF No. 1 is disputed and established. UMF Nos. 10, 22‐24, 28‐34, 40, 41, 47, and 53 are disputed and not established. "...
2019.10.4 Motion for Summary Judgment, Adjudication 351
Location: Ventura
Judge: O'Neill, Vincent J
Hearing Date: 2019.10.4
Excerpt: ...stolo Tentative ruling for October 4, 2019 on Defendant Conejo Valley Unified School District's Motion for Summary Judgment or Summary Adjudication The court denies Defendant Conejo Valley Unified School District's Motion for Summary Judgment. The court grants, in part, Defendant Conejo Valley Unified School District's Motion for Summary Adjudication. Plaintiff's misleadingly labeled first cause of action confusingly combines alle...
2019.3.1 Motion to Compel Enforcement of Subpoena for Business Records 865
Location: Ventura
Judge: O'Neill, Vincent J
Hearing Date: 2019.3.1
Excerpt: ...stolo Tentative ruling for March 1, 2019 on Plaintiff's Motion to Compel Enforcement of Subpoena for Business Records The Court grants Plaintiff's Motion to Compel Enforcement of Subpoena for Business Records. striking Defendant's objections to the subpoenas. because Defendants have not adequately justified their objections. However, the parties are encouraged to either narrow the scope of the subpoenas or enter into a protective orde...
2019.2.27 Motion to Compel Further Responses 727
Location: Ventura
Judge: O'Neill, Vincent J
Hearing Date: 2019.2.27
Excerpt: ...ther, 01/31/2019 stolo Tentative ruling for February 27, 2019 The court rules as follows on Cross‐complainant Dwight Teske's motion to compel further responses from William Scott Griffiths to form interrogatories, set two. Form Interrogatory 15.1: GRANT. With regard to the facts supporting the denials, Teske takes issue with only one portion of the supplemental response: in support of some of the material denials, Griffiths states "[doc...
2019.2.27 Demurrer 339
Location: Ventura
Judge: O'Neill, Vincent J
Hearing Date: 2019.2.27
Excerpt: ... stolo Tentative ruling for February 26, 2019 on Defendant Carina Vasquez's demurrer to cross‐complaint of St. Charles Imagining Center The court overrules Defendant Carina Vasquez's demurrer to cross‐complaint of St. Charles Imagining Center and orders Carina Vasquez to file an answer within 10 days. Demurrer is only appropriate where the grounds for objection appear on the face of the complaint or from any matter of which the court ...
2019.2.25 Motion for Judgment on the Pleadings 995
Location: Ventura
Judge: O'Neill, Vincent J
Hearing Date: 2019.2.25
Excerpt: ...endants Westlake Village Property, L.P. ("Westlake LP"), Mid‐Wilshire Property, L.P. ("Mid‐Wilshire LP"), Westlake Healthcare Center ("Westlake Corp."), Il Hie Lee, and Jeoung Lees' Motion for Judgment on the Pleadings The court grants the requests of both parties to judicially notice the Ventura and Orange County Court records submitted with the motion and opposition. (Evid. Code §452(d).) The court grants Defend...
2019.2.25 Demurrer 491
Location: Ventura
Judge: O'Neill, Vincent J
Hearing Date: 2019.2.25
Excerpt: ...r by State of California acting through CHP The court sustains, with leave to amend, the demurrer of the State of California acting by and through the California Highway Patrol and Officer S. Allen. The court judicially notices the complaint Plaintiffs filed in this court (Valadez v. Sails Group, Inc. (56‐2018‐514390) and the allegations therein that Andres Rodriguez (the decedent) "escaped" from a group home for developmentally disab...
2019.2.22 Motion to Quash Service of Summons 431
Location: Ventura
Judge: O'Neill, Vincent J
Hearing Date: 2019.2.22
Excerpt: ...ing for February 22, 2019 on Defendants FBK Associates, LLC and FBK Associates' motion to quash service of summons The court grants Defendants FBK Associates, LLC and FBK Associates' motion to quash service of summons. Plaintiff failed to demonstrate by a preponderance of admissible evidence that the corporate defendants have the necessary minimum contacts with California to support specific jurisdiction. Any prior negotiations on behalf ...
2019.2.15 Motion for Summary Judgment 852
Location: Ventura
Judge: O'Neill, Vincent J
Hearing Date: 2019.2.15
Excerpt: ...y issues only, on Defendants Ventura County Sheriff's Office's and the County of Ventura's Motion for Summary Judgment or Summary Adjudication of Plaintiffs Donald Aguilar's and Melissa Smith's Complaint The Court notes that for the purposes of this Tentative Ruling only and for ease of reference, all references to the ranks of individuals in the Ventura County Sheriff's Office ("VCSO") are to the ranks held at the...
2019.2.14 Demurrer 202
Location: Ventura
Judge: O'Neill, Vincent J
Hearing Date: 2019.2.14
Excerpt: ...9 ON DEMURRER & MOTION TO STRIKE BY DEFENDANTs BDG & GILBERT TO SECOND AMENDED COMPLAINT The court grants Defendants' request for judicial notice of the Court's file. The Court sustains, without leave to amend, the demurrer of Defendants BDG and Gilbert to cause of action 4 (fraud) in the Second Amended complaint on the ground of insufficient facts. The conclusory verbage intended to convert breach of contract to fraud is insufficient. (T...
2019.2.11 Demurrer, Motion to Strike 807
Location: Ventura
Judge: O'Neill, Vincent J
Hearing Date: 2019.2.11
Excerpt: ...y 11, 2019 ON DEFENDANT INTERINSURANCE EXCHANGE OF THE AUTOMOBILE CLUB'S DEMURRER AND MOTION TO STRIKE The court sustains Defendant Interinsurance Exchange's demurrer to cause of action 2 (breach of covenant of good faith and fair dealing). The law allows the Defendant to seek reimbursement for med pay payments made to Plaintiff after taking into account a pro rata share of the attorney fees that Plaintiff incurred in seeking recovery fro...
2019.2.7 Demurrer 497
Location: Ventura
Judge: O'Neill, Vincent J
Hearing Date: 2019.2.7
Excerpt: ...mela Williams to FAC The court sustains, with leave to amend, Defendant Pamela Williams' demurrer as to the indemnity cause of action in the first amended complaint ("FAC"). Plaintiff has conflated equitable and express indemnification in the title to the cause of action despite the fact that these are two distinct forms or relief. (See Prince v. Pacific Gas & Electric Co. (2009) 45 Cal.4th 1151, 1157.) Then, in the body of the third ...
2019.2.4 Motion to Reopen Discovery 995
Location: Ventura
Judge: O'Neill, Vincent J
Hearing Date: 2019.2.4
Excerpt: ... Defendants Westlake Village Property, L.P. ("Westlake LP"), Mid‐Wilshire Property, L.P. ("Mid‐Wilshire LP"), Westlake Healthcare Center ("Westlake Corp."), Il Hie Lee, and Jeoung Lees' Motion to Compel Further Responses The court notes that only the 14th cause of action for declaratory relief remains. In the prayer to that cause of action, Plaintiff seeks a judicial declaration as to the propriety of the late char...
2019.1.28 OSC Re Sale of Dwelling 367
Location: Ventura
Judge: O'Neill, Vincent J
Hearing Date: 2019.1.28
Excerpt: ...olo Tentative ruling for the January 28, 2019 Hearing on Order to Show Cause Re: Sale of Dwelling The Court vacates its December 12, 2018 Order to Show Cause re: sale of the subject dwelling, on the ground that Plaintiff Pacific Pointe at Park Row Association's ("Association") application for issuance of the OSC failed to fully comply with the requirements of Code of Civil Procedure §704.760, which sets forth the requirements for an ...
2019.1.28 Motion for Summary Judgment, Adjudication 684
Location: Ventura
Judge: O'Neill, Vincent J
Hearing Date: 2019.1.28
Excerpt: .../or Adjudication, 11/13/2018 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 tentative decision...
2019.1.16 Demurrer 833
Location: Ventura
Judge: O'Neill, Vincent J
Hearing Date: 2019.1.16
Excerpt: ... 12/18/2018 stolo Tentative ruling for January 16, 2019 on Defendant Wells Fargo Bank's demurrer and motion to strike The court grants Wells Fargo's request for judicial notice. The court sustains, with leave to amend, Defendant Wells Fargo Bank's demurrer to second cause of action of the First amended Complaint. "Damages" is not a cause of action. The second cause of action contains loose allegations which support neither a n...
2019.1.15 Motion to Compel Production of Docs 775
Location: Ventura
Judge: O'Neill, Vincent J
Hearing Date: 2019.1.15
Excerpt: ...olo Tentative ruling for January 15, 2018 on Defendants/Cross‐Complainants Kelly Frederick's and Timothy Athens' Motion to Compel Plaintiff/Cross‐Defendant TriCoast Builders, Inc. to Respond to Requests for Production In Notice of Deposition The court denies Defendants/Cross‐ Complainants Kelly Frederick's and Timothy Athens' request for an order compelling Plaintiff/Cross‐ Defendant TriCoast Builders, Inc. to provide a re...
2018.9.14 Motion for Leave to File Complaint 416
Location: Ventura
Judge: O'Neill, Vincent J
Hearing Date: 2018.9.14
Excerpt: ...ATE FILED: Motion ‐ Other, 08/20/2018 stolo Tentative ruling for September 14, 2018 on Defendant Solomon Aflalo's Motion for Leave to File Cross‐Complaint Recommendation: Deny motion. This case has proceeded to final judgment. Grant plaintiff's request for judicial notice. The Court grants plaintiff's request for judicial notice. Evidence Code §§ 452(d) and (h). Judicial notice is taken of plaintiff's Exhibits A – JJ. Defe...
2018.9.12 Motion to Strike 161
Location: Ventura
Judge: O'Neill, Vincent J
Hearing Date: 2018.9.12
Excerpt: ...ptember 12, 2018 on Anti‐Slapp motion by Defendant Dr. Chronis Defendant Dr. Chronis's motion to strike pursuant to CCP 425.16 is granted. Defendant is entitled to attorney fees and costs totaling $3095. An Anti‐SLAPP motion poses two questions. First, the court decides whether the defendant has made a threshold showing that the challenged cause of action is one "arising from" protected activity. (§ 425.16, subd. (b)(1).) If the ...
2018.9.12 Motion to Seal Docs, to Strike 158
Location: Ventura
Judge: O'Neill, Vincent J
Hearing Date: 2018.9.12
Excerpt: .../21/2018 stolo Tentative ruling for September 12, 2018 on Anti‐Slapp motion by Defendant Dr. Cole Defendant Dr. Cole's motion to strike pursuant to CCP 425.16 is granted. An Anti‐SLAPP motion poses two questions. First, the court decides whether the defendant has made a threshold showing that the challenged cause of action is one "arising from" protected activity. (§ 425.16, subd. (b)(1).) If the court finds such a showing has be...
2018.9.12 Motion to Strike 162
Location: Ventura
Judge: O'Neill, Vincent J
Hearing Date: 2018.9.12
Excerpt: ...ptember 12, 2018 on Anti‐Slapp motion by Defendant Dr. Voorman Defendant Dr. Voorman's motion to strike pursuant to CCP 425.16 is granted. Defendant is entitled to attorney fees and costs totaling $3095. An Anti‐SLAPP motion poses two questions. First, the court decides whether the defendant has made a threshold showing that the challenged cause of action is one "arising from" protected activity. (§ 425.16, subd. (b)(1).) If the ...
2018.9.10 Motion for Summary Judgment 775
Location: Ventura
Judge: O'Neill, Vincent J
Hearing Date: 2018.9.10
Excerpt: ...ember 10, 2018 on Defendant Mid‐Century Insurance Company's Motion for Summary Judgment on Plaintiff Tricoast Builders, Inc.'s First Amended Complaint Evidentiary Issues Deny Defendant Mid‐Century Insurance Company's ("Mid‐Century") request for judicial notice, on the ground that Defendant Mid‐Century fails to articulate any permissible reason for taking judicial notice of the suspension of Plaintiff Tricoast Builders,...
2018.9.5 Demurrer 893
Location: Ventura
Judge: O'Neill, Vincent J
Hearing Date: 2018.9.5
Excerpt: ...rer by Harrod Trucking Inc., Gary Harrod and Scott Harrod Judicial Notice Requests Defendant requests judicial notice of the company's by‐laws, arguing that Plaintiff has conceded their existence by referencing them in his FAC at ¶13. However, the provision that Defendant relies upon in his demurrer concerning waiver of financial reports (Article VII, Section 2) is not referenced in the FAC. The court declines to take judicial notice of th...
2018.8.29 Motion for Summary Judgment 689
Location: Ventura
Judge: O'Neill, Vincent J
Hearing Date: 2018.8.29
Excerpt: ...otion for Summary Judgment by Defendant James Michael Neary Defendant James Michael Neary's unopposed motion for summary judgment is GRANTED. The court finds, for purposes of this motion, that all of defendant's asserted facts (UMFs) have been established. "[I]n a criminal malpractice action actual innocence is a necessary element of the plaintiff's cause of action." (Wiley v. County of San Diego (1998) 19 Cal.4th 532, 545.) &...
2018.8.24 Motion for Reconsideration 871
Location: Ventura
Judge: O'Neill, Vincent J
Hearing Date: 2018.8.24
Excerpt: ...st 24, 2018 on Defendant Call Me Van Line, Inc.'s Motion for Reconsideration of the Court's July 27, 2018 Rulings Deny Defendant Call Me Van Line, Inc.'s ("Call Me") request pursuant to Code of Civil Procedure §1008 for reconsideration of the Court's July 27, 2018 discovery rulings, on the ground that Call Me fails to identify any "new or different facts, circumstances, or law" which would justify reconsideration....
2018.8.21 Motion for Summary Judgment 537
Location: Ventura
Judge: O'Neill, Vincent J
Hearing Date: 2018.8.21
Excerpt: ...ames Shaw and Linda Levine's motion for summary judgment. Evidentiary Issues For purposes of this motion only: Proposed UMFs 1, 4‐7, 9‐12 and 20 are undisputed. Proposed UMFs 2, 3, 13‐17 and 19 are disputed but nonetheless established. Proposed UMFs 8 and 18 are disputed but not established by the evidence cited to by defendants. Defendants' evidentiary objections are sustained. To the extent they are offered for the truth of statem...
2018.8.21 Demurrer 593
Location: Ventura
Judge: O'Neill, Vincent J
Hearing Date: 2018.8.21
Excerpt: ...r August 21, 2018 on Defendants' demurrer to fourth amended complaint Grant defendants' unopposed request for judicial notice. Overrule Defendants' demurrer to cause of action 6 (breach of fiduciary duty) in the fourth amended complaint . Defendants' demurrer was limited to the argument that plaintiff had not alleged facts supporting a finding of fiduciary duty. However, the facts alleged will support the application of the trust ...
2018.8.16 Motion for Judgment on the Pleadings 752
Location: Ventura
Judge: O'Neill, Vincent J
Hearing Date: 2018.8.16
Excerpt: ..., 2018 on Defendants Evelyn, Laurie, Marie, and Michael Lundin's Motion for Judgment on the Pleadings on Plaintiffs Bodo and Deborah Meschkat's Complaint The court grants Defendants Evelyn, Laurie, Marie, and Michael Lundin's request for judicial notice in its entirety. The court denies Defendants' request for judgment on the pleading on Plaintiffs Bodo and Deborah Meschkat's Complaint. First, Defendants' argument that the...
2018.8.15 Motion for Sanctions 370
Location: Ventura
Judge: O'Neill, Vincent J
Hearing Date: 2018.8.15
Excerpt: ...2018 stolo Tentative ruling for August 15, 2018 on Defendants Kevin and Mary Cox's Motion for Sanctions Pursuant to Code of Civil Procedure §128.7 against Plaintiff Ronald and his Attorney of Record Matt Bromund Deny Defendants Kevin and Mary Cox's request for an award of sanctions pursuant to Code of Civil Procedure §128.7 against Plaintiff Ronald Otto and his attorney of record. First, the motion fails to make clear what specific plea...
2018.8.14 Motion to Strike Punitive Damages 359
Location: Ventura
Judge: O'Neill, Vincent J
Hearing Date: 2018.8.14
Excerpt: ...fendant's motion to strike prayer for punitive damages The court DENIES Defendant's motion to strike the prayer for punitive damages from the complaint. Plaintiff has alleged facts that, if proven at trial, would constitute malice under Civil Code §3294(c)(1). While defendant may dispute those facts, a motion to strike is not the proper place to do so. See CCP §437. The grounds for a motion to strike must appear on the face of the plead...
2018.8.13 Motion to Dismiss 720
Location: Ventura
Judge: O'Neill, Vincent J
Hearing Date: 2018.8.13
Excerpt: ...; Motion to Dismiss for Lack of Subject Matter Jurisdiction The court DENIES Defendants Systems Application & Technologies, Inc. and Cardinal Point Captains, Inc.'s Motion to Dismiss for Lack of Subject Matter Jurisdiction. Evidentiary Issues Plaintiffs' request for judicial notice is GRANTED IN PART. Evidence Code § 452(d). Judicial notice is taken of Judge Real's order granting plaintiff's motion to remand, defendant's moti...
2018.8.13 Motion for Summary Judgment 661
Location: Ventura
Judge: O'Neill, Vincent J
Hearing Date: 2018.8.13
Excerpt: ... on Defendant California FAIR Plan Association's Motion for Summary Judgment, or in the alternative Summary Adjudication Evidentiary Issues The Court grants Defendant California FAIR Plan Association's unopposed request for judicial notice of the underlying Complaint. Evid. Code §452. The Court overrules Defendant's evidentiary objections to the declaration of Plaintiffs' counsel David A. Shaneyfelt on procedural and substantive ...
2018.8.13 Motion for Summary Judgment 120
Location: Ventura
Judge: O'Neill, Vincent J
Hearing Date: 2018.8.13
Excerpt: ... The court DENIES Defendants' Motion for Summary Judgment Evidentiary Issues Defendants' evidentiary objections to the declarations of Ronald Ablott and Nicole Naleway, and Exhibit E to the opposition, are overruled, with one exception. Objection 7 to the Ablott declaration is sustained on hearsay grounds to the extent the double hearsay of "Laura" is offered for the truth of the matter. (Brantley v. Pisaro (1996) 42 Cal.App.4th 1...
2018.8.9 Motion to Compel Inspection of Vehicle, Request for Monetary Sanctions 835
Location: Ventura
Judge: O'Neill, Vincent J
Hearing Date: 2018.8.9
Excerpt: ...Compel, 07/10/2018 stolo Tentative ruling for August 9, 2018 on Defendant's motion to compel inspection of vehicle The court GRANTS Defendant's motion to compel inspection of vehicle. Plaintiff did not object to the vehicle inspection notice and there is no legal basis for the conditions sought by Plaintiff. Plaintiffs' counsel and/or expert may be present when the inspection is conducted, but may not interfere with the inspection, in...
2018.7.26 Motion for Attorney's Fees 977
Location: Ventura
Judge: O'Neill, Vincent J
Hearing Date: 2018.7.26
Excerpt: ...e ruling for July 26, 2018 on Plaintiff Leisure Village Association, Inc.'s Motion for an Award of Attorney's Fees and Defendant Robert J. Kulick's Motion to Stay The court denies Defendant Robert J. Kulick's request for a stay of the hearing on this motion, on the ground that Defendant fails to demonstrate any legal basis for such a stay. The court denies Plaintiff Leisure Village Association, Inc.'s request for an award of a...
2018.7.26 Motion for Attorney Fees 305
Location: Ventura
Judge: O'Neill, Vincent J
Hearing Date: 2018.7.26
Excerpt: ..., 2018 ON MOTION BY CROSS‐DEFENDANTS PRINCIPE & WESTOAKS COMMERCIAL GROUP, INC. FOR ATTORNEY FEES The court grants moving parties' request for judicial notice The court finds that Principe & Westoaks Commercial Group, Inc are entitled to their fees as the prevailing "broker" with regard to the trial of the first amended cross‐complaint. See paragraph 31 of the retail lease agreement. Unless the moving parties are willing to accept...
2018.7.26 Demurrer 326
Location: Ventura
Judge: O'Neill, Vincent J
Hearing Date: 2018.7.26
Excerpt: ... DEFENDANTS LAW OFFICES OF ROBERT M. BASKIN & ARTHUR LIBERTY TO COMPLAINT Grant Defendants' requests for judicial notice The Court sustains, with leave to amend, the demurrer to cause of action one (breach of fiduciary duty) for insufficient facts regarding the running of the statute of limitations. The one year/four year statute of limitations under CCP 340.6 is a cut and dry statute of limitations. (See CCP 340.6 and Prakashpalan v. Engstro...
2018.7.25 Petition for Writ of Mandate 825
Location: Ventura
Judge: O'Neill, Vincent J
Hearing Date: 2018.7.25
Excerpt: ...ED: stolo Tentative ruling for July 25, 2018 on petition for writ of mandate Grant County's request for judicial notice. DENY petition for writ of mandate The 1955 subdivision did not fall within the exception of Ordinance 551, § 8211.113, and, therefore, was improper because no map was submitted for approval. Subdivisions are divisions of land for the purpose of sale, lease, or financing. Gov.Code § 66424. The exception at § 8211.113 cove...
2018.7.24 Motion to Amend Judgment 912
Location: Ventura
Judge: O'Neill, Vincent J
Hearing Date: 2018.7.24
Excerpt: ... 24, 2018 on Plaintiff's Motion to Amend Judgment Plaintiff Modern Adjustment Bureau's Motion to Amend Judgment is GRANTED IN PART. CCP § 187. For good cause shown, the judgment is amended to add "Kerie Berkowitz" to the judgment as an alternative name for Defendant/Judgment Debtor Kerie Schwartz. However, there is insufficient support to add the names "Kerie Schultz" and/or "Kerie Schwarts" to the judgment. The C...
2018.7.24 Demurrer 184
Location: Ventura
Judge: O'Neill, Vincent J
Hearing Date: 2018.7.24
Excerpt: .../2018 stolo Tentative ruling for July 24, 2018 on Demurrer by Defendants Kelly‐ Marie Jones ("Jones") and Cumulus Media, Inc. ("Cumulus") (collectively, "Defendants") to the First Amended Complaint ("FAC") by Plaintiffs Robb Martin Friedman ("Mr. Friedman"), Nikki Lynn Friedman ("Ms. Friedman"), and Tumbleweed Advertising, Inc. ("Tumbleweed") (collectively, "Plaintiffs") The court ...
2018.7.9 Motion for Summary Judgment 348
Location: Ventura
Judge: O'Neill, Vincent J
Hearing Date: 2018.7.9
Excerpt: ...can Medical Response of California's and Gold Coast Ambulance Service's Motion for Summary Judgment against Plaintiffs Mary Mascorro (a/k/a Mary Pulido), Gonzalo Pulido Sustain Plaintiffs Mary Mascorro's and Gonzalo Pulido's evidentiary objections as to (a) Defendants' Exhibits F and G; and (b) the declaration of Daren Whiteley as to ¶¶3 (solely as to Whiteley's statement that Corey Gropp was a licensed paramedic), 4, 5,...
2018.7.3 Demurrer 302
Location: Ventura
Judge: O'Neill, Vincent J
Hearing Date: 2018.7.3
Excerpt: ...018 ON DEMURRER BY DEFENDANT EXPERT STAFFING WEST TO SECOND AMENDED COMPLAINT The Court denies Defendant ESW's request for judicial notice of an untabbed and unauthenticated binder policy, a 1099 form, paystubs and "screenshots". Even if these documents had been authenticated, there is no legal authority offered for the Court to take judicial notice of what amounts to "evidence" on demurrer. The Court grants Plaintiff's re...
2018.7.3 Demurrer 058
Location: Ventura
Judge: O'Neill, Vincent J
Hearing Date: 2018.7.3
Excerpt: ... to Complaint The court GRANTS State of California's request for judicial notice of the court's February 9, 2018 order. The court SUSTAINS, without leave to amend, the State of California's Demurrer, on grounds of failure to state facts sufficient to constitute a cause of action and uncertainty. (CCP § 430.10(e), (f).) Plaintiff failed to satisfy the mandatory prerequisites to bring this civil action. The Torts Claim Act requires a p...

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