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2024.03.25 Motion for Summary Adjudication 204
Location: Ventura
Judge: McKaig, Ronda 41
Hearing Date: 2024.03.25
Excerpt: ...ation of Issues . (Not Opposed) Tentative Rulings: The Court grants the motions for summary adjudication in their entirety. Defendants' Motions for Summary Judgment Defendants Mole Richardson Rentals (erroneously sued as Mole -Richardson Rentals, LLC), and PK&P Investment Co. f/k/a Mole -Richardson Co. (collectively “Mole -Richardson”) each move for Summary Adjudication on three issues: (1) Plaintiffs cannot establish any evidence against mov...
2024.03.25 Motion for Leave to Take Second Deposition 520
Location: Ventura
Judge: McKaig, Ronda 41
Hearing Date: 2024.03.25
Excerpt: ... For good cause shown, Defendants are hereby granted leave to take the second session of the deponent at a date, time, and location to be mutually determined by the parties' counsel. Defense counsel's questioning shall be limited to the issues of updates regarding Plaint iff's condition and the extent of her claimed damages. Counsel for the moving parties to give notice. Background: This action arises from the alleged sexual assault suffered by P...
2024.03.21 Motion to Strike or Tax Costs 868
Location: Ventura
Judge: McKaig, Ronda 41
Hearing Date: 2024.03.21
Excerpt: ...rt grants i n part and denies in part Plaintiff Kelli Wiedemier's request for an order taxing Defendants Thousand Oaks Surgery Center, LLC's and Virtuoso Medical Management, Inc.'s Memorandum of Costs. The Court denies Plaintiff's request to tax $520.50 from Item No. 1 in Defendants' Memorandum of Costs relating to Defendants' summary judgment motion. Defendants' summary judgment motion – although ultimately unsuccessful – was reasonably nece...
2024.03.21 Motion to Compel Further Responses 979
Location: Ventura
Judge: McKaig, Ronda 41
Hearing Date: 2024.03.21
Excerpt: ...urther response to Reque sts for Production of Documents, Set Two (“RPD”), No. 24 (erroneously numbered as “No. 4”) and for $1,140 in monetary sanctions against Plaintiff and his counsel, jointly and severally. Tentative Ruling: Defendant's motion to compel a further response to R PD, Set Two, No. 24 is GRANTED. A further response, without objection, shall be served within 30 days. Defendant's request for monetary sanctions against Plaint...
2024.03.19 Motion to Compel Arbitration 502
Location: Ventura
Judge: McKaig, Ronda 41
Hearing Date: 2024.03.19
Excerpt: ...red the merits of the motion, the motion is granted. Plaintiff's claims are ordered to arbitration, except that Plaintiff's representative claims are dismissed. Status conference re: arbitration is set for January 29, 2025 at 8:30AM. This case is stayed. Analysis: a. Threshold Issue – Applicability of the FAA and Preemption Defendant argues the arbitration agreement is governed by the FAA because (a) it states so in the agreement and (b) the ag...
2024.03.18 Motion to Compel Arbitration 724
Location: Ventura
Judge: McKaig, Ronda 41
Hearing Date: 2024.03.18
Excerpt: ...to the exist ence of a valid arbitration agreement to which the FAA applies. In accordance with Viking River Cruises, Inc. v. Moriana (2022) 142 S.Ct. 1906, Plaintiff's individual PAGA claim is severed from her representative PAGA claim and ordered to binding arbitrati on. Pursuant to the recent California Supreme Court decision in Adolph v. Uber Technologies, Inc. (2023) 14 Cal.5th 1104, pending the resolution of Plaintiff's individual PAGA clai...
2024.03.18 Motion for Summary Judgment 792
Location: Ventura
Judge: McKaig, Ronda 41
Hearing Date: 2024.03.18
Excerpt: ...omation, Inc.'s Motion for Summary Judgment is denied. There are triable issues of fact regarding Defendant's compliance with Labor Code section 226, subdivision (a) [DF 6 -8]; whether Plaintiff suffered injury under Labor Code section 226, subdivision (e) [DF 8]; and whe ther Defendant did knowingly and intentionally violated Labor Code section 226, subdivision (a) [DF 13]. Background: The FAC is a Class Action and pleads causes of action for (1...
2024.03.18 Motion for Class Certification 792
Location: Ventura
Judge: McKaig, Ronda 41
Hearing Date: 2024.03.18
Excerpt: ...on 1 cannot be det ermined since the Declaration of Josue Castillo was not received by the court. The scanned document titled Declaration of Josue Castillo is actually the Declaration of Jorge Coronado. Plaintiff's Request for Judicial Notice: The court denies Plaintiff's re quest for judicial notice of the Final Statement of Decision in the case Palomino v. Northrup Grumman, Case No. 19CV345534 as it is not relevant to the Court's decision here ...
2024.03.14 Motion to Compel Further Responses 022
Location: Ventura
Judge: McKaig, Ronda 41
Hearing Date: 2024.03.14
Excerpt: ... Young's Motion to Compel Cross -Defendant Southern California Edison Company's Further Responses to Form Interrogatories, Set One is GRANTED as to Form Interrogatory nos. 4.1, 4.2, 12.6, 15.1, and 17.1, but DENIED as to Form Interrogatory no. 3.7. Cross -Defendant shall serve Defendant/Cross -Complainant with its Code -compliant supplemental responses to Form Interrogatories nos. 4.1, 4.2, 12.6, 15.1, and 17.1 by April 5, 2024. Sanctions are gra...
2024.03.12 Motion for Reconsideration 573
Location: Ventura
Judge: McKaig, Ronda 41
Hearing Date: 2024.03.12
Excerpt: ......
2024.03.06 Motion to Deem RFAs Admitted, to Compel Responses, for Monetary Sanctions 658
Location: Ventura
Judge: McKaig, Ronda 41
Hearing Date: 2024.03.06
Excerpt: ...285 respect ively. Tentative Ruling: Provided substantially compliant responses have not been served on Plaintiff's counsel prior to the hearing, the Court intends to grant Plaintiff's unopposed Motions as requested, and to award monetary sanctions against Defendant a nd counsel jointly and severally in the amount of $500 per motion, for a total sanction award of $2000. Responses to the discovery requests are due, without objection, by April 12, ...
2024.03.06 Motion for Preliminary Approval of Class Action Settlement, Conditional Certification 488
Location: Ventura
Judge: McKaig, Ronda 41
Hearing Date: 2024.03.06
Excerpt: ...�cation, Appro val of Class Notice, Setting of Final Approval Hearing is CONTINUED to March 29, 2024 at 8:20AM. The Court requires additional information to make its ruling. If Plaintiffs choose to supplement the record, additional documents are to be filed by March 25 . The additional information requested by the Court is: 1. A counsel declaration that provides information about the firm's hourly billing rate and the hours spent by the attorne...
2024.03.01 Motion to Compel Further Responses, for Monetary Sanctions 375
Location: Ventura
Judge: McKaig, Ronda 41
Hearing Date: 2024.03.01
Excerpt: ... Requests for Pr oduction (Set No. 1) and Production of Responsive Documents, and for $3,160 in Sanctions (Opposition untimely and not considered by the Court) Tentative Ruling: The Court denies Plaintiffs' motion as to requests nos. 50, 82, and 83, on the ground that Plai ntiffs fail to demonstrate “good cause” for these requests. The Court grants the motion as to requests nos. 1 -3, 7, 17, 22 -24, 35 -38, 40 -43, 48, 49, 56, 57, 66, 74, 75 ...
2024.02.28 Motion to Set Aside or Vacate Default, Judgment 339
Location: Ventura
Judge: McKaig, Ronda 41
Hearing Date: 2024.02.28
Excerpt: ...ed due to i nadequate notice; Defendant had served Plaintiff electronically and there was no indicate he had agreed to electronic service. Defendant also served Plaintiff at a mailing address that was not his address of record, despite his use of the address on other correspondence. The Court ordered Defendant to serve Plaintiff with the moving papers and notice of the continued hearing before 2/9/24 at his address of record, and to file a proof...
2024.02.28 Demurrer to FAC 051
Location: Ventura
Judge: McKaig, Ronda 41
Hearing Date: 2024.02.28
Excerpt: ...isclose. Disc ussion: 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. (Code Civ. Proc., § 430.30(a)). For the purpose of a demurrer, the court must treat all properly pleaded facts as admitted. (Blank v Kirwan (1985) 39 Cal.3d 311, 318). Ford argues Plaintiff has not identified the purported defect and alleges no fa...
2024.02.26 Motion for Summary Judgment 793
Location: Ventura
Judge: McKaig, Ronda 41
Hearing Date: 2024.02.26
Excerpt: ...1) OVERRULED; (12) OVERRULED; (13) OVERRULED; (14) OVERRULED; (15) SUSTAINED; (16) SUSTAINED; (17) OVERRULED; (18) OVERRULED; (19) SUSTAINED; (20) OVERRULED; (21) OVERRULED; (22) OVERRULED; (23) OVERRULED; (24) OVERRULED; (25) OVERRULED; (26) OVERRULED; (27) OVERRULED; and (28) OVERRULED. For the purposes of this Motion only, Defendants' Undisputed Material Facts (“UMFs”) Nos. 1, 2, 3, 4, 5, 6, 7, 8, 10, 12, 15, 16, and 17 are undisputed and ...
2024.02.21 Motion to Compel Further Responses 573
Location: Ventura
Judge: McKaig, Ronda 41
Hearing Date: 2024.02.21
Excerpt: ...rry's request fo r judicial notice in its entirety. Plaintiffs' request for an order compelling Defendant American Honda Motor Co., Inc.'s (“Honda”) further response to request for production (set no. 1) no. 20 is denied as moot due to Honda's service of a further response to request no. 20 while Plaintiffs' motion was pending. The Court grants Plaintiffs' request for an order compelling Honda's further responses to requests for production (s...
2024.02.20 Motion to Compel Deposition of PMQ 031
Location: Ventura
Judge: McKaig, Ronda 41
Hearing Date: 2024.02.20
Excerpt: ... cept as to attorney-client -privilege and work product protections and orders GM to produce a PMQ on these categories. Categories 3 and 4: The categories are not limited in time and, as such, the objections are sustained in part. The Court limits the timeframe of these categories to the period from 2020 to the present and orders GM to produce a PMQ on these categories as limited. Document Request 1: The term “pre- litigation file” is overbr...
2024.02.16 Motion to Compel Neuropsychological Testing, Mutual Exchange of Raw Data 960
Location: Ventura
Judge: McKaig, Ronda 41
Hearing Date: 2024.02.16
Excerpt: ...uropsychological testing, as offered by Dr. Gutirrez at a location in east Ventura County on February 21, 2024. The parties are ordered to mutually exchange their expert raw data upon completion of Dr. Gutierrez's testing, pursuant to the parties' Stipulation and CCP §2032.630. Background: This is a personal injury case. Plaintiff submitted to a neuropsychological test on Oct. 26, 2023, from 9 -5 with Dr. Juan Manuel Gutierrez, PhD with appropri...
2024.02.15 OSC Re Contempt 406
Location: Ventura
Judge: McKaig, Ronda 41
Hearing Date: 2024.02.15
Excerpt: ...NT the application to issue an OSC re Contempt as to Keith Martin Mack. This matter is set for hearing on Plaintiffs' OSC for April 12, 2024 at 9:00 AM. The affidavit and OSC are to be served on Keith Martin Mack in the same manner as a summons. Background: This is a post -judgment matter, and the third appearance of moving parties pursuing contempt against Defendant/alleged contemnor, Keith Martin Mack. a. The Parties and the Driveway Easement P...
2024.02.13 Motion to Compel Further Responses, for Sanctions 388
Location: Ventura
Judge: McKaig, Ronda 41
Hearing Date: 2024.02.13
Excerpt: ...o Compel Further Responses to Requests for Production of Documents and Request for Sanctions is GRANTED in part and DENIED in part. Defendant General Motors is ordered to provide veriÞed and code-compliant further responses to Request for Production (set one) numbers 16, 19-32 and 45-46 reßecting its agreement to make a supplemental production. The responses must comply with Code of Civil Procedure section 2031.280. Defendant General Motors is ...
2024.02.08 Motion to Vacate Dismissal 675
Location: Ventura
Judge: McKaig, Ronda 41
Hearing Date: 2024.02.08
Excerpt: ...ing to timely request a hearing pursuant to Public Resources Code section 21167.4 (opposed); (2)Joinder in Opposition by Respondent California Regional Water Quality Control Board, Los Angeles Region (“Regional Board”) (unopposed); (3)Joinder in Opposition by Real Party In Interest The Boeing Company (“Boeing”) (unopposed). Tentative Ruling: Both joinders to the opposition are GRANTED. Petitioners seek relief from the order of dismissal t...
2024.02.08 Demurrer 305
Location: Ventura
Judge: McKaig, Ronda 41
Hearing Date: 2024.02.08
Excerpt: ...nd cause of action. The Court sustains the demurrer to Plainti¯'s s e c o n d cause of action for failing to report allegations of sexual abuse as a mandated reporter because at the time of the alleged events (the 1972-1973 school year), Penal Code section 11161.5, as it then existed, did not mandate reporting of suspected sexual abuse against a child. As to the demurrer based on constitutional grounds, the Court Þnds that AB 218 is not facial...
2024.02.07 Demurrer to SAC 447
Location: Ventura
Judge: McKaig, Ronda 41
Hearing Date: 2024.02.07
Excerpt: ...amation) causes of action in the second amended complaint without leave to 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. (Code Civ. Proc., § 430.30(a).) For the purpose of a demurrer, the court must treat all properly pleaded facts as admitted. (Blank v Kirwan (1985) 39 Cal.3d 311, 318.) Intentio...
2024.01.31 Motion for Preliminary Approval of Class Action Settlement 539
Location: Ventura
Judge: McKaig, Ronda 41
Hearing Date: 2024.01.31
Excerpt: ...osed, but sixteen days electronic notice does not comply with Code Civ. Proc., § 1010.6, subd. (a)(3)(B). Parties should be prepared to state whether proper notice is waived. 2. This is a putative class action arising out of a data breach. According to the motion and the settlement agreement, the proposed class is “all persons in the United States to whom Robins & Morton Group mailed a notiÞcation that their information may have been impacted...

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