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2018.1.18 Demurrer 626
Location: Ventura
Judge: Walsh, Henry J 42
Hearing Date: 2018.1.18
Location: Ventura
Judge: Walsh, Henry J 42
Hearing Date: 2018.1.18
Excerpt: ...017 stolo Overrule. Plaintiff has copied pertinent parts of Feingold v. County of Los Angeles, 254 Cal.App.2d 623, which was found to state a cause of action for a dangerous condition of public property. The facts are sufficiently similar to allow this case to go forward. The County owns one of the two roads being alleged to constitute a dangerous condition. The fact that the Feingold plaintiff did not stop (whereas Mr. Barraza did stop) was not ...
2018.1.18 Motion to Transfer Venue, Monetary Sanctions 541
Location: Ventura
Judge: Walsh, Henry J 42
Hearing Date: 2018.1.18
Location: Ventura
Judge: Walsh, Henry J 42
Hearing Date: 2018.1.18
Excerpt: ...ransfer, 12/13/2017 stolo Consolidated motion to change venue. Grant motions, and order transfer to Fresno. No defendants reside or do business in Ventura County. The venue provision in the sales agreement, if applicable, relates to location for an arbitration, not venue of a Superior Court action. In addition, venue provisions which are contrary to statute are against public policy. Plaintiff to pay transfer fees as may be applicable. Plaintiff ...
2018.1.12 Motion for Judgment on the Pleadings 431
Location: Ventura
Judge: Walsh, Henry J 42
Hearing Date: 2018.1.12
Location: Ventura
Judge: Walsh, Henry J 42
Hearing Date: 2018.1.12
Excerpt: ...rst, second and third causes of action. Plaintiff fails to sufficiently allege compliance with, or excuse from the Government Claims Act. The complaint was filed before the passage of 45 days from submission of the late claim, and cannot allege waiver as provided in Gov't Code 9.113(b). On the merits, the third cause of action fails because the individual defendants cannot be liable for terminating plaintiffs. Sustain as to the fourth cause o...
2018.1.4 Demurrer 029
Location: Ventura
Judge: Walsh, Henry J 42
Hearing Date: 2018.1.4
Location: Ventura
Judge: Walsh, Henry J 42
Hearing Date: 2018.1.4
Excerpt: ...ice should be made in a separate document per CRC 3.1113(1). It serves no useful purpose to use this as the basis for overruling the demurrer so that is not being done. The demurrer is nonetheless overruled on substantive grounds as follows: (1) Stratton did not request that Plaintiff's breach of fiduciary claim be sent to arbitration; (2) the court did not refer the breach of fiduciary claim to arbitration; (3) Judge Johnson's assumption...