Excerpt: ...i dba Budget Garden Motel's Motion for Judgment on the Pleadings is GRANTED. Defendants shall give notice of this ruling. Background: Plaintiff alleges that Defendants Bhalubhai Prajapati & Ramila (d/b/a Budget Garden Motel) Ramchandra Prajapati, and Chandravati Prajap ati negligently maintained/controlled/managed/operated the premises so as to create a dangerous condition that actually and proximately caused injury to Plaintiff (slip and fall du...

Excerpt: ... and Defendan ts fail to demonstrate that it is a court record. (See, e.g., Wolf v. CDS Devco (2010) 185 Cal.App.4th 903, 914; Shapell SoCal Rental Properties, LLC v. Chico's FAS, Inc. (2022) 85 Cal.App.5th 198, 208 -209; J.W. v. Watchtower Bible & Tract Society of New Y ork, Inc. (2018) 29 Cal.App.5th 1142, 1172 -1173.) Defendants' request for judicial notice as to Exhibit B is granted. Defendants' demurrer for uncertainty to the sole cause ...

Excerpt: ...r 30, 2024. Discu ssion: The grounds for a demurrer must appear on the face of the pleading or from judicially noticeable matters. (Code Civ. Proc., § 430.30, subd. (a); Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) Concerning the legal sufficiency of a pleading, the sole iss ue on demurrer is whether the facts pleaded, if true, state a valid cause of action – i.e., if the complaint pleads facts that would entitle the plaintiff to relief. (LiMan...

Excerpt: ...by CourtCall and Zoom. Refer to the Courtroom 43 webpage for more information about remote appearances. If appearing by CourtCall, call in no later than 8:30 a.m. If you wish to appear by CourtCall, you must make arrangements with CourtCall by 4:00 p.m. the court day befo re 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. For Zoom appearanc...

Excerpt: ...s. If appearing by CourtCall, call in no later than 8:30 a.m. If you wish to appear by CourtCall, you must make arrangements with CourtCall by 4:00 p.m. the court 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. For Zoom appearances, all counsel appearing by Zoom must email the court at [email protected] with a sim...

Excerpt: ...f's two remai ning causes of action brought under the Consumer Legal Remedies Act (“CLRA”) and Business and Professions Code, section 17200 et seq., may both be brought as a representative class action lawsuit, and precertification discovery into the existence of an asc ertainable class is widely permitted. Stern v. Superior Court (2003) 105 Cal.App.4th 223, 233 [Each party must have an opportunity to conduct discovery on class action issues ...

Excerpt: ...tion about re mote appearances. If appearing by CourtCall, call in no later than 8:30 a.m. If you wish to appear by CourtCall, you must make arrangements with CourtCall by 4:00 p.m. the court day before your scheduled hearing. Requests for approval of a CourtCall appear ance made on the morning of the hearing will not be granted. No exceptions will be made. For Zoom appearances, all counsel appearing by Zoom must email the court at Courtroom43@ve...

Excerpt: ...ntimely. (Cod e Civ. Proc., §§ 435, subd. (b), 430.40, subd. (b), and Cal. Rules of Court, rule 3.1322.) The notice does not specify the matters to be stricken. (Cal. Rules of Court, rule 3.1322(a).) Substantively, the motion appears to argue that the affirmative defens es are untrue. The court must assume the allegations of the answer are true for purposes of this motion. Background: Action for: 1) breach of contract; 2) breach of the covenant...

Excerpt: ...ERRULES in pa rt and SUSTAINS in part Defendants Clearwater Senior Living, LLC and CSL Berkshire Operating Company, LLC's Demurrer to the First Amended Complaint. (Code Civ. Proc., § 430.10(e).) Sufficient facts are stated to support the third and fourth causes of actio n, and the demurrer to these claims is overruled. As to the sixth and eight causes of action the Court agrees with Defendants that Plaintiff does not have private rights of actio...

Excerpt: ...emote appearances. If appearing by CourtCall, call in no later than 8:30 a.m . If you wish to appear by CourtCall, you must make arrangements with CourtCall by 4:00 p.m. the court 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. For Zoom appearances, all counsel appearing by Zoom must email the court at [email protected]....

Excerpt: ...es. If appear ing by CourtCall, call in no later than 8:30 a.m. If you wish to appear by CourtCall, you must make arrangements with CourtCall by 4:00 p.m. the court 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. For Zoom appearances, all counsel appearing by Zoom must email the court at [email protected] with a s...

Excerpt: ...43 webpage fo r more information about remote appearances. If appearing by CourtCall, call in no later than 8:30 a.m. If you wish to appear by CourtCall, you must make arrangements with CourtCall by 4:00 p.m. the court day before your scheduled hearing. Requests for app roval of a CourtCall appearance made on the morning of the hearing will not be granted. No exceptions will be made. For Zoom appearances, all counsel appearing by Zoom must email ...

Excerpt: ...9, 50, 51, 52, 53 , 54, 55, 56, 57, 58, 59, 60, 66, 67, 68, 70, 74, 77, 78, 79, 80, 82, 83, 86, 87, 89, 90, 92, 96, 98, 99, 101, and 102 are undisputed. UMFs nos. 14, 15, 25, 30, 31, 35, 41, 42, 61, 63, 64, 81, 88, 91, 94, 95, 97, 100, 103, and 104 are disputed and establis hed. UMFs nos. 12, 48, 62, 65, 69, 71, 72, 73, 75, 76, 84, 85, and 93 are disputed and not established. For the purposes of this Motion only, Plaintiffs' Additional Material F...

Excerpt: ...8:10 a.m. No notice of intent to appear is required. Parties wishing to submit on the tentative decision must so notify the Court by e -mail at [email protected]. Do not call in lieu of sending an e -mail. If a party submits on the tentative decision without appearing, but another party appears, the hearing will be conducted in the absence of the non -appearing party. Effectiv e February 13, 2018, all cases assigned to Courtroom 2...

Excerpt: ...nformation ab out remote appearances. If appearing by CourtCall, call in no later than 8:30 a.m. If you wish to appear by CourtCall, you must make arrangements with CourtCall by 4:00 p.m. the court 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. For Zoom appearances, all counsel appearing by Zoom must email the court at Courtroom...

Excerpt: ...l District's Motion for Determination of Good Faith Settlement is GRANTED. For good cause shown, relief is proper per Code of Civil Procedure section 877.6 and Tech -Bilt, Inc. v. Woodward -Clyde & Associates (1985) 38 Cal.3d 488, 499. Counsel for Defendant to give noti ce. This action arises out of an automobile versus pedestrian incident that occurred on June 7, 2022, at approximately 3:40 p.m. in front of Mesa Verde Middle School on Peach Hill...

Excerpt: ...435 et seq.) The allegations of the First Amended Complaint are insufficient to support a viable prayer for punitive damages against Defendant. Plaintiffs to file an amended complaint within 20 days of this Court's order. Defendant to give notice. This action arises fr om a dispute concerning a residential lease. In the complaint, Plaintiffs Sergio Melano, Aline Montalvo, Sergio Navarrete Noh, and Ximena Navarrete, by and through her GAL (collect...

Excerpt: ...arances. If appearing by CourtCall, call in no later than 8:30 a.m. If you wish to appear by CourtCall, you must make arrangements with CourtCall by 4:00 p.m. the court day before your scheduled hearing. Requests for approval of a CourtCall appearance made on the morn ing of the hearing will not be granted. No exceptions will be made. For Zoom appearances, all counsel appearing by Zoom must email the court at [email protected] wit...

Excerpt: ...om. If appear ing by CourtCall, call in no later than 8:15 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 tentat...

Excerpt: ...8/9/24 at her apartment in Simi Valley. Code Civ. Proc., § 664.6. Plaintiff requests that judgment be entered in its favor against defendant in the amount of $12,937.68. Declaration of counsel Fanny Wan. Verbal settlement agreement entered on 11/26/21 and thereafter sig ned in writing on 1/10/22. Principal sum of $12,137.68, plus prior court costs of $370, appearance fee of $370, and $60 motion fee. No payments made after entering into the settl...

Excerpt: ...s the hearing o n Plaintiffs' motion to compel Defendant American Honda Motor Co., Inc.'s (“Honda”) compliance with the Court's February 21, 2024 discovery order to October 21, 2024 at 8:20AM. Plaintiffs shall file and serve, forthwith, a supplemental declaration attachin g a copy of the Stipulated Protective Order entered in the Meraz Action. Honda shall file and serve, by no later than October 14, 2024, a supplemental opposition brief (no m...

Excerpt: ...party may mov e for summary judgment in any action or proceeding if it is contended the action has no merit or that there is no defense to the action or proceeding. (Code Civ. Proc., § 437c, subd. (a).) To prevail on a motion for summary judgment, the evidence submitted must show there is no triable issue as to any material fact and that the moving party is entitled to judgment as a matter of law. (Code Civ. Proc., § 437c, subd. (c).) “For pu...

Excerpt: ...ully met its burden of establishing its entitlement to summary judgment of it s breach of contract and common count causes of action based on Defendant's failure to make continued payments on her credit card account ending in 1552. Plaintiff shall be entitled to its requested damages in the amount of $25,090.32. The proposed order g ranting summary judgment and the proposed judgment will be signed on this date and electronically transmitted to th...

Excerpt: ...pposed motion for terminating sanctions. Cross -Complainants have shown that Serdy failed to comply with the Court's 1/30/24 order by failing to serve initial responses to the FI, SI, and RPD; subsequent monetary sanctions have been imposed but these orders have not secu red compliance and Cross -Complainants still have no meaningful discovery from Serdy. Cross -Complainants generally assert that Serdy's conduct is willful. This assertion is base...

Excerpt: ... CourtCall, c all in no later than 8:30 a.m. If you wish to appear by CourtCall, you must make arrangements with CourtCall by 4:00 p.m. the court day before your scheduled hearing. Requests for approval of a CourtCall appearance made on the morning of the hearing will n ot be granted. No exceptions will be made. For Zoom appearances, all counsel appearing by Zoom must email the court at [email protected] with a simultaneous copy t...

Excerpt: ...1) 91 Cal.App. 4th 875, 882.) OVERRULE: PMCI's demurrer on the grounds of 1) Failure to state a claim (res judicata) and, 2) another action pending. This action arises from the earlier efforts of Defendant Professional Medical Careers Institute of California, LLC (“PMCI” or “Defendant”) to collect allegedly outstanding tuition from its former student, Plaintiff Annette Ayala (“Ayala” or “Plaintiff”). This is the second lawsuit bet...

Excerpt: ...If appearing by CourtCall, call in no later than 8:30 a.m. If you wish to appear by CourtCall, you must make arrangements with CourtCall by 4:00 p.m. the court day before your scheduled hearing. Requests for approval of a CourtCall appearance made on the morning of th e hearing will not be granted. No exceptions will be made. For Zoom appearances, all counsel appearing by Zoom must email the court at [email protected] with a simul...

Excerpt: ... intent to appea r 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 -rep resented 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 ...

Excerpt: ...If appearing by CourtCall, call in no later than 8:30 a.m. If you wish to appear by CourtCall, you must make arrangements with CourtCall by 4:00 p.m. the court day before your scheduled hearing. Requests for approval of a CourtCall appearance made on the morning of th e hearing will not be granted. No exceptions will be made. For Zoom appearances, all counsel appearing by Zoom must email the court at [email protected] with a simul...

Excerpt: ... a Mental Ex am. For good cause shown relief is proper per Code of Civil Procedure section 2032.320. Counsel for Defendant to give notice of the Court's ruling. Background: This is a PAGA action by Plaintiffs Dina Ventura, America Vasquez, and Sonia Buenrostro (collect ively “Plaintiffs”) for FEHA violations, wage and hour claims, and wrongful termination against Defendant Westchase Mini Suites, LLC dba Best Western Plus Thousand Oaks (“Def...

Excerpt: ...mote appearan ces. If appearing by CourtCall, call in no later than 8:30 a.m. If you wish to appear by CourtCall, you must make arrangements with CourtCall by 4:00 p.m. the court 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. For Zoom appearances, all counsel appearing by Zoom must email the court at [email protected]...

Excerpt: ...s proposed re sponsive pleading(s) within 10 days. Counsel for the moving party to give notice of the Court's ruling. Complaint filed 5/10/24 by Plaintiffs Caroline C. Pieszak and Annika M. Pieszak Goss, as individuals and as Trustees of the Annika M. Pieszak Trust Date d October 1, 2021, against defendants Schaub Renovations, Inc., Agoura Sash & Door, Inc., Windsor Window Company, dba Windsor Windows & Doors, Woodgrain Inc., and American Contrac...

Excerpt: ...'s Demurrer. Plaintiff's claims are precluded based on the Settlement Agreement entered into between the parties on October 25, 2019, in which Plaintiff waived all then -existing claims against the University, and her then -existing FEHA/DFEH complaint. The Court takes j udicial notice of the plain and unambiguous language of the Settlement Agreement, which Plaintiff has attached to the subject Complaint filed May 29, 2024, finding that applicati...

Excerpt: ...d Complaint fails to allege facts sufficient to establish that Plaintiff was a third -party beneficiary of the contract. (See Gantman v. United Pac. Ins. Co. (1991) 232 Cal.App.3d 1560.) Without standing as a covered party under the contract, Plaintiff's claims for breach o f the covenant of good faith and fair dealing and intentional infliction of emotional distress are untenable. Leave to amend is DENIED. Considering the above ruling sustaining...

Excerpt: ...WITH LEAVE TO AMEND Defendant SVRTC LLC's demurrer based on Code of Civil Procedure section 430.10, subdivision (e). Defendant SVRTC LLC's Motion to Strike Portions of Plaintiff's Complaint is deemed moot considering the Court's ruling on the demurrer. (Code Civ. Proc., §§ 4 35 et seq.) Plaintiff to file an amended Complaint within 20 days. Counsel for Defendant to give notice of this Court's ruling. On April 19, 2024, Plaintiff Genoveva Rivera...

Excerpt: ...ji Exchange, LLC's (“Duji”) Motion to Strike is GRANTED with leave to amend. Def endant's Request for Judicial Notice filed April 22, 2024, is GRANTED. This is an action for recovery of unpaid wages, overtime, compensation for rest periods, and for other statutory labor violations. Plaintiffs have included as their eleventh cause of ac tion a Private Attorney General Act (“PAGA”) claim seeking civil penalties against the PAGA defendants. ...

Excerpt: ...tions is DEN IED. Both the motion before the court and the request for admissions were served using an address that is different from Defendant's address of record with the Court. Cousnel for Plaintiff to give notice of this Court's ruling. It appears that an incorrect address has been used. The Complaint was filed on June 29, 2020, by Plaintiff American Express National Bank, Successor by Merger to American Express Bank, FSB against Defendant Gi...

Excerpt: ...o Code of Civil P rocedure, section 128.7 is DENIED. Plaintiff failed to wait the full 21 -day safe harbor period before filing this Motion. No sanctions can be imposed under a 128.7 motion filed before expiration of the 21 -day safe harbor period. (See Goodstone v. Southwest Airlines Co. (1998) 63 Cal.App.4th 406, 418 -419.) Counsel for the opposing parties to give notice of the Court's ruling. This is a breach -of-contract action. On May 14, 20...

Excerpt: ...high standard for obtaining leave for this discovery. Civil Code Section 3295, subdivision (c) provides that: “No pretrial discovery by the plaintiff shall be permitted with respect to the evidence referred to in paragraphs (1) and (2) of subdivision (a) unless the cou rt enters an order permitting such discovery pursuant to this subdivision. However, the plaintiff may subpoena documents or witnesses to be available at the trial for the purpose...

Excerpt: ...entative deci sion, 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 respo nd 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...

Excerpt: ...Order. At the July 9, 2024 hearing on Levan's motion to quash service of the Association's moving papers on LeVan, the Court granted the motion but gave the Association an opportunity to cure the service issue. In particular, the Court continued the hearing on the Asso ciation's motion to amend the judgment to August 15, 2024, and ordered the Association to serve Levan with its moving papers in the same manner as required for service of process a...

Excerpt: ...ot given the Court's ruling on the Demurrer. The Court intends to grant the Motion to strike the claim for punitive damages asserted in the 6th cause of action for general (gross) negligence. Jackson v. Johnson (1992) 5 Cal. App.4th 1350, 1354. And the Court intends to deny the Motion to strike portions of the 8th cause of action as unsupported. Meet & Confer (CCP § 430.41(a) and CCP § 435.5) is insufficient. While a declaration from Defendant'...

Excerpt: ...rs, this aff irmation in not required when serving a business entity of unknown form. (See Hope v. Otis Elevator Co. (2005) 389 F.Supp.2d 1235, 1243.) As the subsequent mailing was required pursuant to Code of Civil Procedure Sections 415.20 and 415.95, service of the Summons and Complaint on Defendant Law Office of Steven Waisbren was not “deemed complete” until the 10th day after the mailing. While we do not know what date mailing was perfo...

Excerpt: ...his survival beyond six months. (Code Civ. Proc., § 36, subd. (d).) The jury trial remains set for April 14, 2025. Counsel for the moving party to give notice of the Court's ruling. Background: This premises liability action arises from an incident that occurred on August 5, 2022, where Ethan Jordan (the “Plaintiff”), a minor, was struck while riding his bike by the vehicle being driven by Sylvia Lynne Hawisher (“Hawisher”). The incident...

Excerpt: ... GRANTED. Pl aintiffs shall file and serve the proposed second amended complaint by no later than October 4, 2024; however, the amended complaint and the use of pseudonyms therein shall comply with all applicable rules and statutes. In particular, Plaintiffs are ordere d to conspicuously state in the caption of the complaint the statute or rule of court permitting the use of a pseudonym without a court order. If there is no such authority, Plaint...

Excerpt: ...egarding commerc ial property. Default entered on 7/15/22. Writ of Possession entered on 8/17/22. On 9/25/23 the Court denied Defendants Motion to Set Aside/Vacate Default Judgment without prejudice. On 11/27/23 the Court granted the Motion to Set Aside default and Default Judgment, based on the parties' agreement, and Plaintiff permitted to file a First Amended Complaint. Answer was filed on 11/29/23, then the FAC filed on 12/7/23, with the Answ...

Excerpt: ...nologies, Inc .'s Motion for Summary Judgment or, in the alternative, Summary Adjudication, sealed under the requirements of California Rules of Court, rule 2.550. On February 1, 2022, the Complaint was filed. On February 2, 2023, the First Amended Complaint (“FAC”) was filed by Plaintiffs Jaslene Olivares, a minor, by and through her GAL, Brenda Yarely Cervantes Chavez; Emmanuel Alexander Olivares, a minor, by and through his GAL, Brenda Yar...

Excerpt: ...et One and Special Interr ogatories, Set Two, are GRANTED. Defendant is ordered to serve further, verified code -compliant responses to Form Interrogatory, Set One, no. 216.1, Special Interrogatories, Set One, nos. 1, 2, 3, 4, 5, 6, 8, 11, 12, 15, 16, 17, 18, 19, 20, 22, and 23, Req uest for Production, Set One, no. 27, and Special Interrogatories, Set Two, nos. 28 -46, within 20 days of this Court's order. (Code Civ. Proc., §§ 2030.300 and 203...

Excerpt: ...JX Companies. The Court notes that Plaintiff has improperly added two new Defendants to her Complaint in violation of Code of Civil Procedure section 474. Further, insufficient facts are alleged against these two defendants to support any cause of action. Finally, Plaintiff has not made a compelling argument that she was truly ignorant of facts establishing a cause of action a gainst either Darla Casio or TJX Companies. Accordingly, the demurrer ...

Excerpt: ...tion of Busin ess Records is GRANTED. (Code Civ. Proc., §§ 2025.480.) Defendant's Request for Sanction is GRANTED. AP Construction Group is ordered to pay sanctions to Defendant in the amount of $650.00, payable within 30 days. On July 11, 2024, GAIC issued a Deposition Subpoena for Production of Business Records (“Subpoena”) to AP Construction. GAIC requested categories of documents that were related to the Project and as it related to Sup...

Excerpt: ...gen's First A mended Complaint is SUSTAINED as to all causes of action. As for the first and second causes of action, a general deposit made with a bank cannot, as a matter of law, form the basis for a viable claim of conversion or theft. (See Morse v. Crocker Nat. Bank (1983) 142 Cal.App.3d 228, 232.) As for the third cause of action, the applicable terms of the applicable Consumer Account Agreement afforded Defendant the broad right to freeze a...

Excerpt: ...ael and Sherri Lazelle sue MVHOA, California HOA Solutions, LLC, WAISBREN, FREEMAN, and Philadelphia Insurance Company, and Does, asserting the following causes of action: (1) Breach of Bylaws & CC&R's, Davis -Sterling Act (2) Breach of Fiduciary Duties (3) Fraud and Dec eit (4) Failure to Allow Inspection of Records (5) Violations of Corporations Code (6) Negligence (7) Discrimination and Retaliation (ADA, Federal Fair Housing Act) (8) Malpracti...

Excerpt: ... for more information about remote appearances. If appearing by CourtCall, ca ll in no later than 8:30 a.m. If you wish to appear by CourtCall, you must make arrangements with CourtCall by 4:00 p.m. the court day before your scheduled hearing. Requests for approval of a CourtCall appearance made on the morning of the hearing will no t be granted. No exceptions will be made. For Zoom appearances, all counsel appearing by Zoom must email the court ...

Excerpt: ... penalty of $ 1,000 to the State Bar of California's Client Security Fund. (Code Civ. Proc., § 473, subd. (c)(1)(B).) Counsel is directed to lodge a formal proposed order for the Court's signature. The Court sets a mandatory appearance case management conference/trial s etting conference for A DATE IN DECEMBER in Department 21. Counsel for the moving party to give notice of the Court's ruling. This personal injury action arises from a slip -...

Excerpt: ...e same time a s matters on the law and motion calendar. Parties appearing by Court Call must check in with the Judicial Assistant by 8:10 a.m. No notice of intent to appear is required. Parties wishing to submit on the tentative decision must so notify the Court by e -ma il at [email protected]. Do not call in lieu of sending an e-mail. If a party submits on the tentative decision without appearing, but another party appears, the ...

Excerpt: ...ollowing Plaintiff Maria Quirino's Supplements Responses as required by Code of Civil Procedure, section 2031.310, subdivision (b)(2), prior to the filing of this motion. The parties are required to file 15 court days before the continued hearing, a Joint Statement informing the Court of the production requests still at issue followi ng the meet and confer. *** This matter is set for an MSJ on October 11, 2024, and a 12 -15 -day Jury Trial on Dec...

Excerpt: ...was filed. H owever, the court notes that RFPs 99 and 100 do not strictly comply with Code Civ. Proc., § 2031.220. GRANT an order for defendants to provide a further responses to RFPs 99 and 100 that state whether the compliance is “in whole or in part.” If the former, then defendants must also state that “all documents or things in the demanded category that are in the possession, custody, or control of that party [] will be included in t...

Excerpt: ...s. If appeari ng by CourtCall, call in no later than 8:30 a.m. If you wish to appear by CourtCall, you must make arrangements with CourtCall by 4:00 p.m. the court 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. For Zoom appearances, all counsel appearing by Zoom must email the court at [email protected] with a si...

Excerpt: ...uired to file an updated [Proposed] Order – Plaintiff's Motion for Attorney's Fees and Costs, which reflects this court order within 10 days of this ruling. On March 19, 2021, Plaintiff Miracle Mile Properties, LP (“Plaintiff”) filed a Complaint for Damages against Def endants Nick Sklavenitis and Kostas Kapnisis (“Defendants”), alleging causes of action for (1) breach of contract, (2) breach of implied covenant of good faith and fair d...

Excerpt: ...ter than 30 days. Due to Plaintiff's failure to show good cause regarding the document demands contained in the deposition notice, Defendant need not produce any documents at the time of the deposition. Plaintiff's request for monetary sanctions is GRANTED in the full -requ ested amount of $1500.00 to be paid by Defendant within 30 days. Counsel for the moving party to give notice of the Court's ruling. This lemon law action arises from Alejandra...

Excerpt: ...grants Plaintiff Moni ca Hull's request for an order compelling Defendant Knights of Columbus of Oxnard (“Knights”) to provide a further response to special interrogatory no. 43 (set no. 3). Knights shall serve Plaintiff's counsel, by no later than September 19, 2024, with a ve rified further response without objections to request for admission no. 43 that (a) responds to the request for admission as it is stated; and (b) fully complies with ...

Excerpt: ... Defendant's demurrer on the g rounds of uncertainty is OVERRULED. (See Khoury v. Maly's of California, Inc. (1993) 14 Cal.App.4th 612, 616.) Defendant's demurrer on the grounds of failure to state a claim based on preemption is SUSTAINED, without leave to amend. [However, if Plaintiff can articulate specific facts that could be pled to avoid preemption, Plaintiff should be prepared to identify those facts at the hearing so that the Court can...

Excerpt: ...=f appearing by CourtCall, call in no later than 8:30 a.m. =f you wish to appear by CourtCall, you must make arrangements with CourtCall by 4:00 p.m. the court day before your scheduled hearing. Requests for approval of a CourtCall appearance made on the morning of th e hearing will not be granted. No exceptions will be made. For Zoom appearances, all counsel appearing by Zoom must email the court at [email protected] with a simul...

Excerpt: ...appearing by CourtCall, call in no later than 8:30 a.m. =f you wish to appear by CourtCall, you must make arrangements with CourtCall by 4:00 p.m. the court day before your scheduled hearing. Requests for approval of a CourtCall appearance made on the morning of the he aring will not be granted. No exceptions will be made. For Zoom appearances, all counsel appearing by Zoom must email the court at [email protected] with a simultan...

Excerpt: ...mote appearan ces. =f appearing by CourtCall, call in no later than 8:30 a.m. =f you wish to appear by CourtCall, you must make arrangements with CourtCall by 4:00 p.m. the court 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. For Zoom appearances, all counsel appearing by Zoom must email the court at [email protected]...

Excerpt: ...ear is req uired. =f 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 -represen ted 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...

Excerpt: ...dence Code section 452(d). Defendant LHT Flowers, =nc.'s Motion to Dismiss For Plaintiff 's Failure to Bring Case to Trial Within Five and One -:alf Years is GRANTED pursuant to Code of Civil Procedure sections 583.310 and 583.360. The entire case is dismissed without pr ejudice. The deadline to bring this matter to trial expired on August 6, 2024. Plaintiff filed his petition for writ of mandate on August 15, 2024. That petition was denied by th...

Excerpt: ...f you wis h 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 you r 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 c...

Excerpt: ...ses of action fo r abuse of process, ==ED and conspiracy to commit abuse of process against Defendants. (Code Civ. Proc., § 430.10, subd. (e).) At the hearing, Plaintiff shall be prepared to identify specific facts that can be pled to cure the deficiencies identified in th e demurrers. =f Plaintiff is unable to identify such facts, the demurrers will be sustained without leave to amend. Defendants to give notice. The Court notes that the parties...

Excerpt: ... about remote appearances. =f appearing by CourtCall, call in no later than 8:30 a.m. =f you wish to appear by CourtCall, you must make arrangements with CourtCall by 4:00 p.m. the court 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. For Zoom appearances, all counsel appearing by Zoom must email the court at Courtroom43@ventura....

Excerpt: ...t to appear is required. =f 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 co unsel 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...

Excerpt: ...n tative 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. ...

Excerpt: ... payment of P AGA penalties negotiated by the parties in this action and for an order dismissing the action without prejudice with jurisdiction to be reserved pursuant to Code of Civil Procedure, section 664.6. The Private Attorneys General Act of 2004, Labor Code secti on 2698 et seq. (“PAGA”) requires that the Court approve the penalties negotiated by settlement reached by the parties. (See Labor Code section 2699(l)(2).) PAGA also mandates...

Excerpt: ...ative dec ision, 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 r espond 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. ...

Excerpt: ...n to Stay Pro ceedings was previously granted on a temporary basis. (See August 8, 2024 Minute Order.) Defendants Well Oak Tenant LLC's, Oakmont Management Group LLC's, Welltower Propco Group LLC's, and Welltower =nc.'s Petition to Compel Arbitration is GRANTED. Defen dants have successfully met their burden by identifying the existence of a valid arbitration agreement. Plaintiff Diana Weekes has failed to meet her burden of establishing that the...

Excerpt: ...rt. No no tice 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 includ e 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 per...

Excerpt: ...ble of handli ng mixed remote appearances. Counsel are expected to cooperate in this regard. Refer to the Courtroom 43 webpage for more information about remote appearances. =f appearing by CourtCall, call in no later than 8:30 a.m. =f you wish to appear by CourtCall, y ou must make arrangements with CourtCall by 4:00 p.m. the court day before your scheduled hearing. Requests for approval of a CourtCall appearance made on the morning of the heari...

Excerpt: ...t 8:20AM. Plaintiff Dineley is required to show that the settlement was submitted to the Labor Workforce Development Agency. (Labor Code, § 2699, subd. (s)(2).) Further, Plaintiff Dineley the evidence offered in support of the motion is inadequate. The Court needs to review the settlement agreement to confirm its terms, which claims are released, and how th e PAGA award compares to the settlement amount of other claims. The Court sees no basis f...

Excerpt: ...ubmit 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's express permission. Do not include the court in any email communications bet...

Excerpt: ...arties appe aring by Court Call must check in with the Judicial Assistant by 8:20 a.m. No notice of intent to appear is required. Parties wishing to submit on the tentative decision must so notify the Court by e -mail at [email protected] or by fax to Judge Guasco's secretary, Claudine Nesbitt at (805) 477 -5892. Do not call in lieu of sending an e -mail or fax. If a party submits on the tentative decision without appearing, b...

Excerpt: ...heck in w ith the Hudicial Assistant by 8:10 a.m. No notice of intent to appear is required. Parties wishing to submit on the tentative decision must so notify the Court by e -mail at [email protected]. Do not call in lieu of sending an e -mail. =f a party submits on the tentative decision without appearing, but another party appears, the hearing will be conducted in the absence of the non -appearing party. Effective February 13, ...

Excerpt: ...d (2) OVERRULED. Defendant's objections to the moving declaration of Kirk Rodby are ruled upon as follows: (1) OVERRULED; (2) OVERRULED; (3) OVERRULED; and (4) OVERRULED. For the purposes of this Motion only, Plaintiff 's Undisputed Material Facts (“UMFs”) n os. 1, 2, 3, 4, 5, 6, 9, 18, 30, 40, 41, 48, 72, and 73 are undisputed. UMFs nos. 12, 13, 22, 23, 31, 33, 34, 51, 52, 61, and 62 are disputed and established. UMFs nos. 7, 8, 10, 11, 14, ...

Excerpt: ...that has been since corrected under penalty of perjury. No other evidence suggests Plaintiff did not receive service of the instant motion. Plaintiff did not meet his burden of establishing the preliminary facts necessary to support the exercise of the attorney -client privilege. Plaintiff 's objections based on attorney -client privileged are OVERRULED. :e is ordered to sit for a third session of deposition and answer the questions identified in...

Excerpt: ...e law and m otion calendar. Parties appearing by Court Call must check in with the Hudicial Assistant by 8:10 a.m. No notice of intent to appear is required. Parties wishing to submit on the tentative decision must so notify the Court by e -mail at Courtroom20@ventu ra.courts.ca.gov. Do not call in lieu of sending an e -mail. =f a party submits on the tentative decision without appearing, but another party appears, the hearing will be conducted i...

Excerpt: ... on the law and motion calendar. Parties appearing by Court Call must check in with the Judicial Assistant by 8:10 a.m. No notice of intent to appear is required. Parties wishing to submit on the tentative decision must so notify the Court by e -mail at Courtroom20 @ventura.courts.ca.gov. Do not call in lieu of sending an e -mail. If a party submits on the tentative decision without appearing, but another party appears, the hearing will be conduc...

Excerpt: ...arties ap pearing by Court Call must check in with the Hudicial Assistant by 8:10 a.m. No notice of intent to appear is required. Parties wishing to submit on the tentative decision must so notify the Court by e -mail at [email protected]. Do not c all in lieu of sending an e -mail. =f a party submits on the tentative decision without appearing, but another party appears, the hearing will be conducted in the absence of the non -ap...

Excerpt: ...RRULED; (2) OVERRULED; (3) OVERRULED; (4) OVERRULED; and (5) OVERRULED. For the purposes of this Motion only, Defendant's Undisputed Material Facts (“UMFs”) nos. 1, 2, and 3 are undisputed. UMFs nos. 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 2 2, 23, 24, 25, 26, 27, 28, 29, and 30 are disputed and established. UMFs nos. 31 through 189 are duplicative of UMFs nos. 1 through 30. For the purposes of this Motion only, Plai...

Excerpt: ... Cross- Complainant Fitness International's CrossComplaint is granted as to the claims contained therein. Judgment is entered in the amount of $856,964.79 plus $280,051.21 in interest. For purposes of this motion only, the UMFs are established and all objections to evidenc e are overruled. Background: The Complaint was filed by Plaintiff Montalvo Square Associates, LLC (“Plaintiff”) against Defendant Fitness International, LLC (“Defendant�...

Excerpt: ...t Plaintiff f ails to allege ultimate facts indicating that Defendant Centeno's conduct rose to the level of “extreme and outrageous” conduct. (See Cochran v. Cochran (1998) 65 Cal.App.4th 488, 494- 496.) Any first amended complaint shall by filed and served by no later than September 4, 2024. Analysis: A. Demurrer Centeno demurs generally to the fourth cause of action for IIED in Plaintiff's Complaint. Centeno contends that the IIED claim ...

Excerpt: ...tions of Service agreement (“Consent Agreement”); and (ii) Passages fails to satisfy its burden of demonstrating that Plaintiff's purported electronic signature on the Consent Agreement is authentic. (Ruiz v. Moss Bros. Auto. Group, Inc. (2014) 232 Cal.App.4th 836, 845- 846 [the party seeking to compel arbitration bears the burden of proving that a disputed signature on an arbitration agreement is authentic].) In particular, the declaration o...

Excerpt: ...t that by its terms is not to be performed within a year from the making thereof.” (Civ. Code, § 1624, subd. (a)(1); see Bed, Bath & Beyond of La Jolla, Inc. v. La Jolla Village Square Venture Partners (1997) 52 Cal.App.4th 867, 875 [writing must be signed by party to be char ged].) The cases cited by Plaintiff in Opposition do not relate to the Statute of Frauds and are inapplicable. Nevertheless, “[t]he section of the Restatement Second of...

Excerpt: ...f 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 yo ur 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 co...

Excerpt: ...it on th e 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 c ourt 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 betw...

Excerpt: ...il Procedur e section 430.20. Pursuant to Code of Civil Procedure section 430.20, a Plaintiff to file a demurrer on the following grounds: (a) The answer does not state facts sufficient to constitute a defense; (b) The answer is uncertain.; and (c) Where the answer pl eads a contract, it cannot be ascertained from the answer whether the contract is written or oral. The demurrer filed by Plaintiff is not based on any of these permitted grounds. ...

Excerpt: ...OVERRULED; (4) Giaqu into Decl., ¶ 9, Exh. H – SUSTAINED on the grounds of inadmissible hearsay; (5) Giaquinto Decl., ¶ 10, Exh. I – SUSTAINED on the grounds of inadmissible hearsay; (6) Giaquinto Decl., ¶ 11, Exh. J – SUSTAINED on the grounds of inadmissible hearsay; and (7) Giaquinto Decl., ¶ 12, Exh. K – SUSTAINED on the grounds of inadmissible hearsay. The Court rules on Plaintiffs' evidentiary objections to the moving declaration...

Excerpt: ... class action, or a cause of action in a class action, or a party requires court approval. (Dunk v Ford Motor Co. (1996) 48 Cal.App.4th 1794). It is the duty of the court, before finally approving the settlement, to conduct an inquiry into the fairness of the propo sed settlement. (Cal. Rules of Court, rule 3.769(g)). The trial court has broad discretion in determining whether the settlement is fair. In exercising that discretion, it normally co...

Excerpt: ...oss -Complainant Fitness International's CrossComplaint is granted as to the claims contained therein. For purposes of this motion only, the UMFs are established and all objections to evidence are overruled. Background: The Complaint was filed by Plaintiff Montalvo Squar e Associates, LLC (“Plaintiff”) against Defendant Fitness International, LLC (“Defendant” or “Fitness”) on May 24, 2022. The Complaint alleged causes of action for (...

Excerpt: ...call in no later than 8:15 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 ex ceptions 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 t...

Excerpt: ... If appearing by CourtCall, call in no later than 8:15 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 he aring 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 tentative...

Excerpt: ...y CourtCall, call in no later than 8:15 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 tentative ruling you can ...