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2145 Results

Location: Ventura x
2024.03.19 Motion to Set Aside or Vacate Dismissal 671
Location: Ventura
Judge: Bennett, Jeffrey 21
Hearing Date: 2024.03.19
Excerpt: ... the Februa ry 9, 2024 dismissal of this action vacated. An Order to Show Cause re: Default Judgment Packet is ordered calendared for April 9, 2024. Notice: OK (There is no proof of service attached to the motion. However, Plaintiff apparently was not required to ser ve its motion on either of the two named Defendants.1) On June 2, 2023, Plaintiff E & N Financial Services & Development, Inc. (“E&N”) filed a Complaint against Defendant Ruther...
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 ...
2024.03.18 Demurrer 481
Location: Ventura
Judge: Coats, Benjamin 43
Hearing Date: 2024.03.18
Excerpt: ...uipped for Z oom. If appearing by CourtCall, call in no later than 8:30 a.m. If you intend to appear by CourtCall, you must make arrangements with CourtCall by 4:00 p.m. the day before your scheduled hearing. Requests for approval of a CourtCall appearance made on the morning of the hearing will not be granted. No exceptions will be made. With respect to the tentative ruling below, no notice of intent to appear is required. If you wish to submit ...
2024.03.15 Motion to Compel Further Responses 492
Location: Ventura
Judge: Bennett, Jeffrey 21
Hearing Date: 2024.03.15
Excerpt: ...$3,446.25 is GRANTED in part and is MOOT in part. The motion is moot as to Request for Admission Nos. 12, 17, 21, 23- 26, 28-34, and 48, based on Defendant's representation that further verified responses were served on March 1, 2024. The motion is granted as to the rem aining request for admissions. All objections are overruled with the exception of the attorney -client and work product objections. Defendant is ordered to provide code -complain...
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...
2024.03.14 Motion for Terminating Sanctions or Evidentiary Sanctions 971
Location: Ventura
Judge: Coats, Benjamin 43
Hearing Date: 2024.03.14
Excerpt: ...Zoom. If app earing by CourtCall, call in no later than 8:30 a.m. If you intend to appear by CourtCall, you must make arrangements with CourtCall by 4:00 p.m. the day before your scheduled hearing. Requests for approval of a CourtCall appearance made on the morning of the hearing will not be granted. No exceptions will be made. With respect to the tentative ruling below, no notice of intent to appear is required. If you wish to submit on the tent...
2024.03.12 Motion to Compel Answers 703
Location: Ventura
Judge: Bennett, Jeffrey 21
Hearing Date: 2024.03.12
Excerpt: ...roduction of Documents, Set One, and $2,760 in sanctions. (Unopposed) (3) Plaintiffs' Motion to Have Matters Deemed Admitted, and $2,760 in sanctions. (Unopposed) (4) Plaintiffs' Motion to Compel Responses to Special Interrogatories, and $2,760 in sanctions. (Unopposed ) TENTATIVE: ALL GRANTED. Plaintiffs Benjamin R. Candelaria III's and Kimberly M. Thompson's Motion to Compel Defendant FCA US, LLC's Responses to Form Interrogatories (Set One) is...
2024.03.12 Motion for Reconsideration 573
Location: Ventura
Judge: McKaig, Ronda 41
Hearing Date: 2024.03.12
Excerpt: ......
2024.03.11 Demurrer 758
Location: Ventura
Judge: Coats, Benjamin 43
Hearing Date: 2024.03.11
Excerpt: ... no later than 8:30 a.m. If you intend to appear by CourtCall, you must make arrangements with CourtCall by 4:00 p.m. the day before your scheduled hearing. Requests for approval of a CourtCall appearance made on the morning of the hearing will not be granted. No exce ptions will be made. With respect to the tentative ruling below, no notice of intent to appear is required. If you wish to submit on the tentative ruling you can fax notice to Judge...
2024.03.11 Petition for Writ of Mandate 026
Location: Ventura
Judge: Coats, Benjamin 43
Hearing Date: 2024.03.11
Excerpt: ...n no later than 8:30 a.m. If you intend to appear by CourtCall, you must make arrangements with CourtCall by 4:00 p.m. the day before your scheduled hearing. Requests for approval of a CourtCall appearance made on the morning of the hearing will not be granted. No exc eptions will be made. With respect to the tentative ruling below, no notice of intent to appear is required. If you wish to submit on the tentative ruling you can fax notice to Judg...
2024.03.08 Motion to Compel Further Responses 544
Location: Ventura
Judge: Walsh, Henry J 42
Hearing Date: 2024.03.08
Excerpt: ....220 or is unable to do so as provided by CCP 2031.230. the one exception is that in response to a particular request, Honda's further response may also set forth any privilege objections provided that a privilege log accompanies its further responses. Donlen, Doppe s and Santana allow the type of discovery being sought by Plaintiff. The language of the particular RFP's from the first set of discovery is not the same as the language in RFP's 1 a...
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...
2024.03.05 Demurrer to TAC 933
Location: Ventura
Judge: Borrell, Mark S 40
Hearing Date: 2024.03.05
Excerpt: ...pted by th e court. No notice of intent to appear is required. If you wish to submit on the tentative decision, you may notify the court by email to [email protected]. Please include the hearing date, the case name and case number in the message. You must include all counsel and self -represented parties on your message. The court will not respond to your email. Do not use this email address for any other purpose without the court...
2024.03.04 Motion to Compel Compliance with Demand for Production and Inspection of Docs 941
Location: Ventura
Judge: Borrell, Mark S 40
Hearing Date: 2024.03.04
Excerpt: ...ntative decision, you may notify the court by email to [email protected]. Please include the hearing date, the case name and case number in the message. You must include all counsel and self -represented parties on your message. The court will not respond to your email. Do not use this email address for any other purpose without the court's express permission. Do not include the court in any email communications between counsel. D...
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 ...
2024.03.01 Motion for Summary Judgment 536
Location: Ventura
Judge: Borrell, Mark S 40
Hearing Date: 2024.03.01
Excerpt: ...ear is re quired. If you wish to submit on the tentative decision, you may notify the court by email to [email protected]. Please include the hearing date, the case name and case number in the message. You must include all counsel and self -represe nted parties on your message. The court will not respond to your email. Do not use this email address for any other purpose without the court's express permission. Do not include the co...
2024.02.29 Motion for Leave to File SAC 820
Location: Ventura
Judge: Bennett, Jeffrey 21
Hearing Date: 2024.02.29
Excerpt: ...lled. The Co urt allows appearances by CourtCall but is not equipped for Zoom. If appearing by CourtCall, call in no later than 8:30 a.m. If you intend to appear by CourtCall, you must make arrangements with CourtCall by 4:00 p.m. the day before your scheduled hearing. Requests for approval of a CourtCall appearance made on the morning of the hearing will not be granted. No exceptions will be made. With respect to the tentative ruling below, no n...
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 to Dismiss 838
Location: Ventura
Judge: Borrell, Mark S 40
Hearing Date: 2024.02.26
Excerpt: ...wish to submit on the tentative decision, you may notify the court by email to [email protected]. Please include the hearing date, the case name and case number in the message. You must include all counsel and self -represented parties on your mes sage. The court will not respond to your email. Do not use this email address for any other purpose without the court's express permission. Do not include the court in any email communic...
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 ...

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