Excerpt: ...evidence and/or legal authority that demonstrates he has standing and is not judicially estopped from bringing these claims against U.S. Bank, Defendant's demurrer is SUSTAINED WITHOUT LEAVE. DISCUSSION (For online posting, please note: Unfortunately, the court's tentative ruling website, which is the source of this version, is not able to show certain formatting that may be contained in the original, such as the court's use of footnotes (here, n...

Excerpt: ...saline Ayoub; Adam Wright (Quintairos, etc.) PLAINTIFFS' MOTION FOR LEAVE TO AMEND THE COMPLAINT (filed 10/12/18) TENTATIVE RULING Plaintiffs' motion for leave to amend is GRANTED, conditionally: Conditional grant. If Plaintiffs wish to amend their complaint as prayed and if Defendants plan to take Dr. Kar's second deposition, Plaintiffs are ordered to reimburse the Defendants for all of the defense costs of the first deposition of Dr. Kar (his f...

Excerpt: ...e § 473(b) is DENIED. DISCUSSION (Please note: Unfortunately, the court's tentative ruling website, which is the source of this version, is not able to show certain formatting that may be contained in the original, such as the court's use of footnotes (here, none) boldface, italics, or the underscoring of text or case citations. Footnotes, if any, are added to the text at the end of the document. A hard copy will be available for the parties to ...

Excerpt: ...emurrer is OVERRULED. Defendant Thomas J. Cachur, D.O.'s motion to is GRANTED IN PART, only as to allegations for punitive damages. The motion is otherwise DENIED. Defendant Cachur shall file and serve his answer to Plaintiff's FAC no later than March 4, 2019. DISCUSSION (Please note: Unfortunately, the court's tentative ruling website, which is the source of this version, is not able to show certain formatting that may be contained in the origin...

Excerpt: ...TENTATIVE RULING Defendant's motion to quash is GRANTED. DISCUSSION On December 21, 2018, specially appearing Defendant filed its second motion to quash Plaintiff's summons and complaint because: (1) there was an invalid service of the summons and complaint; (2) Plaintiff failed to conduct due diligence and serve Defendant by personal service required by Code of Civil Procedure section 415.10; (3) Plaintiff failed to file a Proof of Service in co...

Excerpt: ...f the proposed judgment that includes the modifications discussed in the court's ruling on 1/3/19. Discussion On December 17, 2018, the court took Plaintiff's first default judgment application under submission. On January 3, 2019, the court issued a ruling, finding: (1) the court requires evidence that the County has not yet adopted a comprehensive regulatory framework for cannabis per its ordinance section 22.66.010; (2) if no such framework ha...

Excerpt: ...t shall file and serve its answer no later than Feb. 15, 2019. DISCUSSION (Please note: Unfortunately, the court's tentative ruling website, which is the source of this version, is not able to show certain formatting that may be contained in the original, such as the court's use of footnotes (here, no footnotes), boldface, italics, or the underscoring of text or case citations. Footnotes, if any, are added to the text at the end of the document. ...

Excerpt: ...D. Defendants' answer shall be filed and served no later than 2/11/19. DISCUSSION (Please note: Unfortunately, the court's tentative ruling website, which is the source of this version, is not able to show certain formatting that may be contained in the original, such as the court's use of footnotes (here, no footnotes), boldface, italics, or the underscoring of text or case citations. Footnotes, if any, are added to the text at the end of the do...

Excerpt: ...he court's tentative ruling website, which is the source of this version, is not able to show certain formatting that may be contained in the original, such as the court's use of footnotes (here, 1 footnote), boldface, italics, or the underscoring of text or case citations. Footnotes, if any, are added to the text at the end of the document. A hard copy will be available for the parties to review in court before the hearing.) Chronology of Events...

Excerpt: ...sitions to the demurrer and motion to strike. Defendant's demurrer is SUSTAINED with leave to amend. Defendant's motion to strike punitive damages is GRANTED without leave to amend. Based on the court's ruling on the demurrer, Defendant's motion to strike as to the remaining provisions of the FAC is MOOT. See instructions/order below re leave to amend. DISCUSSION (Please note: Unfortunately, the court's tentative ruling website, which is the sour...

Excerpt: ...USTAINED with leave to amend. See instructions/order below re leave to amend. Hear argument re whether case should be stayed pending resolution of the underlying personal injury case, Gnanakone v. Gaeta (BC704959). DISCUSSION (Please note: Unfortunately, the court's tentative ruling website, which is the source of this version, is not able to show certain formatting that may be contained in the original, such as the court's use of footnotes (here...

Excerpt: ..., ETC. (filed 10/31/18) TENTATIVE RULING Non-parties Apple Inc.'s and Chris Keller's motion to seal portions of and exhibits filed in support of their reply in support of their motion for an order (1) staying the taking of deposition (2) quashing subpoena and deposition notice and (3) for protective order is DENIED. Further, the court reconsiders its earlier ruling (filed 11/7/18) and vacates it. The court unseals the entirety of Exhibit 6 filed ...

Excerpt: ...OCUMENTS (SET 1); SANCTIONS ($3,475) 2. TO COMPEL LING'S FURTHER RESPONSES TO FORM INTERROGATORIES (SET 1); SANCTIONS ($2,975) TENTATIVE RULING Plaintiff and Cross-Defendant Eric Chang's motions to compel further responses are DENIED as moot as further responses have been served. However, Plaintiff and Cross-Defendant Eric Chang's requests for sanctions against Ling and Ling's counsel of record are GRANTED in the amount of _________[hear argument...

Excerpt: ...riem cross-defendants' answer to the cross-complaint shall be filed and served no later than 8/23/18. DISCUSSION (Please note: Unfortunately, the court's tentative ruling website, which is the source of this version, is not able to show certain formatting that may be contained in the original, such as the court's use of footnotes (here, 1 footnote), boldface, italics, or the underscoring of text or case citations. Footnotes, if any, are added to ...

Excerpt: ...FS' COUNSEL, RALPH R. RIOS AND RALPH M. RIOS OF RIOS AND ASSOCIATES (filed 7/18/18) TENTATIVE RULING Defendants' motion to disqualify Plaintiffs' counsel is DENIED without prejudice. DISCUSSION (Please note: Unfortunately, the court's tentative ruling website, which is the source of this version, is not able to show certain formatting that may be contained in the original, such as the court's use of footnotes (here, 1 footnote), boldface, italics...

Excerpt: ...inarily, the multiple failures would be sanctionable; indeed, the final failure to appear on 6/19/18 resulted in the dismissal of this matter, mooting monetary sanctions. The failures to appear on 5/2/18 and 6/19/18 remain substantially unexplained despite the clerk's notice via minute order dated 5/2/18. However, in the interests of justice and due to the attorney's error, the court will vacate its order of dismissal under CCP § 473(b) on the c...

Excerpt: ...n the parties' contentious discovery efforts to date, the court is likely to appoint a discovery referee under CCP § 639(a) in the future. DISCUSSION (Please note: Unfortunately, the court's tentative ruling website, which is the source of this version, is not able to show certain formatting that may be contained in the original, such as the court's use of footnotes, boldface, italics, or the underscoring of case citations.) Per CCP §§ 2023.01...

Excerpt: ...istence of the documents, unless the document was a final court order or judgment. However, the complaint artfully avoids mentioning any dates and these documents alone do not establish the facial viability of defendants' one- year statute of limitations argument for purposes of this demurrer. It is possible that the statute has run, but it is premature to make such a finding at this time based only on the pleadings. The legal malpractice allegat...

Excerpt: ... TO PLAINTIFF'S COMPLAINT AND MOTION TO STRIKE PORTIONS OF PLAINTIFF'S COMPLAINT (filed 5/18/18) TENTATIVE RULING Defendant's demurrer is OVERRULED. Defendant's motion to strike is DENIED. Defendant shall file and serve its answer to the complaint no later than 8/17/18. DISCUSSION (Please note: Unfortunately, the court's tentative ruling website, which is the source of this version, is not able to show certain formatting that may be contained in ...

Excerpt: ...ED. This action is stayed pending the finality of the appeal in Reynaud v. Technicolor (BC632972). The court sets a status conference on _____________(one year). DISCUSSION (Please note: Unfortunately, the court's tentative ruling website, which is the source of this version, is not able to show certain formatting that may be contained in the original, such as the court's use of footnotes (here, none), boldface, italics, or the underscoring of te...

Excerpt: ...TATIVE RULING Defendant's Evidentiary Objections Defendant's evidentiary objections are OVERRULED. (The court notes some confusing numbering and references in objections 4-8.) MSJ Defendant's motion for summary judgment is GRANTED. DISCUSSION (Please note: Unfortunately, the court's tentative ruling website, which is the source of this version, is not able to show certain formatting that may be contained in the original, such as the court's use o...

Excerpt: ...S REDEPOSITION SUBOENA FOR STATE FARM CONSULTANT JOHN DOYLE AND STATE FARM REPRESENTATIVE SALLY CORONA (filed 6/11/18) TENTATIVE RULING Plaintiffs' motions to compel answers to deposition questions and for production of documents are DENIED IN PART; GRANTED IN PART. See infra for specific rulings. Requests for sanctions are DENIED. DISCUSSION (Please note: Unfortunately, the court's tentative ruling website, which is the source of this version, i...

Excerpt: ...av (Beitchman, etc.) DEFENDANTS' DEMURRER TO FIRST AMENDED COMPLAINT; MOTION TO STRIKE PORTIONS OF FIRST AMENDED COMPLAINT (filed 5/30/18) TENTATIVE RULING Defendants' demurrer to the sixth and seventh causes of action of the FAC is SUSTAINED. Defendants' motion to strike is GRANTED as to punitive damages. (Plaintiff's opposition was untimely served, but considered. Plaintiff's future non-compliance will not be considered.) See instructio...

Excerpt: ...rough sixth causes of action is OVERRULED. Defendants' demurrer to Plaintiffs' seventh causes of action is SUSTAINED on grounds of uncertainty and failure to state a cause of action. See instructions/order re leave to amend below re each party's respective deadlines. Discussion (Please note: Unfortunately, the court's tentative ruling website, which is the source of this version, is not able to show certain formatting that may be contained in the...

Excerpt: ..., and expenses (filed 5/18/18, cont. from 6/14/18) Tentative rulings: 1. Defendants' motion to tax costs sought by Plaintiff: Grant in part; deny in part. See below. 2. Plaintiff's motion for attorney fees, costs, and expenses: Grant in part; deny in part. Having ruled on defendants' motion to tax costs, and the parties having met and conferred thereafter, costs in the unopposed amount of $ are awarded. Reasonable attorney's fees are awarded in f...