Excerpt: ...ar and convincing evidence. Civil Code §798.88. Moreover, there has been an insufficient showing of great or irreparable harm that would result from the continuance or recurrence of the alleged violations. Instead, it appears that Respondent has taken or attempted to take steps to cure the relatively minor and infrequent violations identified by Petitioner, including by installing self -closing gates, keeping his dog leashed, and explaining why...

Excerpt: ...pposed) (3) Defendant's Motion to Have Matters Deemed Admitted, and monetary sanctions in the amount of $960.00. (Unopposed) (4) Defendant's Motion to Compel Responses to Special Interrogatories, and monetary sections in the amount of $660.00. (Unopposed) (5) Defendan t's Motion to Compel Plaintiff to Appear and Testify at Her Deposition, and monetary sanctions in the amount of $ 560.00. (Unopposed) Tentative Rulings: Defendant has established th...

Excerpt: ...dicial As sistant 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] or by fax to Judge Guasco's secretary at (805) 477 -5892. Do not c all in lieu of sending an e -mail or fax. If a party submits on the tentative decision without appearing, but another party appears, the hearing will be conducted in the absence o...

Excerpt: ...r of Plaintiff Taiana Gibson against Defendant Richard P. McNair, an individual and dba “Fosters Freeze” is entered as follows: principal amount of $37,000, costs of $125.30 and attorney's fees of $6,290. Plaintiff to submit a proposed order and judgment consistent with the Court's ruling. Grounds: Plaintiff requests that the court enforce the parties' written settlement agreement and enter judgment against defaulted party Defendant Richard P...

Excerpt: ...8.40 Tentative Ruling: Cross- Complainants M&Tony's Touch, Inc., Tsutomo Kagoshima and Emerita Kagoshima Motio n for Terminating Sanctions or in the alternative Issue and Evidence Sanctions against Cross- Defendant Sue Ahn, and Monetary Sanctions of $6,018.40 is DENIED in part and GRANTED in part. The requests for terminating, issue and evidence sanctions are denie d. Cross-Defendant Sue Ahn is ordered to produce the “transaction file” not p...

Excerpt: ... County of V entura's motion contesting Defendants Celso Gustavo Torres' and Torres General Contracting's (collectively, “the Torres Defendants”) Application for a determination that their settlement with Plaintiffs is in good faith, on the grounds that the Torres Defe ndants fail to submit admissible and substantial evidence in support of several of the Tech- Bilt factors, including evidence indicating the rough approximation of Plaintiffs' ...

Excerpt: ...n 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 b e 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 Coats's ...

Excerpt: ... set for D ecember 2, 2024 at 8:30AM. Defendant met its burden of proving the existence of a valid arbitration agreement. Plaintiff failed to demonstrate that the arbitration agreement was procedurally or substantively unconscionable. Grounds: Defendants Los Roble s Homecare Services, Inc., Los Robles Healthcare, LLC, and Eric Kotitschke (jointly “Los Robles”) seek an order compelling plaintiff to arbitrate her claims and stay the matter pend...

Excerpt: ... the extent the same damages are sought for both claims, this is not a ground for demurrer. Defendants' Demurrer as to the Intentional Infliction of Emotional Distress cause of action is sustained with leave to amend. Plaintiffs have not adequately pled the elements of intentional or reckless conduct, nor have Plaintiffs adequately pled severe emotional distress. Defendants' motion to Strike Punitive Damages from the Complaint is granted, with l...

Excerpt: ...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 [email protected] by fax to Judge Guasco's secretary 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, but another party appears, the hearing will be conducted in the absence of th...

Excerpt: ... 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's express permission. Do not include the court in any email communicatio...

Excerpt: ... As there is no demonstrated prejudice to Defendant, the motion will be considered despite insufficient notice under Code of Civil Procedure section 1005, subdivision (b). Defendant's request for judicial notice is granted. Plaintiff Southfork Ranch, LLC's Motion to D isqualify Ferguson Case Orr Patterson LLP from Representing Defendant California Natural Resources Group, LLC is DENIED. Background: The Complaint was filed on October 26, 2023, by...

Excerpt: ...Strike Porti ons of the Complaint of Southfork Ranch, LLC for Declaratory Relief is GRANTED in part and DENIED in part. The Motion to Strike is GRANTED as to paragraph 32 and Prayer paragraph 9 of the Complaint, with leave to amend. The Motion to Strike is DENIED as to paragraphs 31, 35 -37 and Prayer paragraphs 8 and 12 -15 of the Complaint. Any amended complaint shall be served and filed no later than May 10, 2024. Background: The Complaint wa...

Excerpt: ... Code section 242, Plaintiff has not and cannot allege that Defendants were acting under the color of law when they revoked her YMCA membership. Further, Title 18 allows for criminal liability only —Plaintiff, thus, has no standing to bring a civil cause of action agai nst Defendants for violation of Title 18 of United States Code section 242. Insofar as the Complaint is premised on violations of Title VII of the Civil Rights Act of 1964, the C...

Excerpt: ...for Monetary San ctions Against Defendant and Their Counsel, Jointly and Severally (Unopposed) Tentative Ruling: The Court GRANTS Plaintiff Steven Scouten's Motion to Strike Defendants' Answer and Enter Default as a Terminating Sanctions for Abuse of Discovery Process. (La guna Auto Body v. Farmers Ins. Exchange (1991) 231 Cal.App.3d 481, 487; Deyo v. Kilbourne (1978) 84 Cal.App.3d 771, 796 -797.) Defendants have failed to comply with the Court's...

Excerpt: ...han 8:30 a.m. The door w ill be opened before the calendar is called. The Court 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...

Excerpt: ...uestions reg arding the CPA referenced in her fraud cause of action. Cross- Complainant Terry is ordered to pay Cross -Defendant's counsel monetary sanctions in the amount of $560 within 30 days of this ruling. This action arises from a marital dissolution case, i.e., ca se no. D398305, Terry v. Terry. Plaintiff Houghton Law Group, APC (the “Plaintiff”) was retained by Defendant Kellie Terry (the “Defendant”) as her attorney. On June 9, 2...

Excerpt: ...Court dismiss es Plaintiffs' Complaint, with prejudice, as a terminating sanction for failure to provide responses to any of Defendants' discovery issued to Plaintiffs, after being ordered by the Court to do so in the Court's December 12, 2023 Minute Order, and as refle cted in Defendants' Notices of Ruling filed and served December 15, 2023. The Court notes that it has already deemed Defendants' Requests for Admission served on both Plaintiffs...

Excerpt: ...(“Gold Coast”) for (1) fraud and intentional and negligent infliction of emotional distress; (2) assault; (3) elder abuse; and (4) defamation (libel and slander). Defendants Bob Harris and Gold Coast Veterans Foundation (“Gold Coast”) move for an order imposing termin ating sanctions against Plaintiff in pro per Ron Wilber based on Plaintiff's violation of the Court's September 20 and December 19, 2023, discovery orders. On September 20,...

Excerpt: ...ut leave to amend. Analysis: GM demurs to Plaintiff's Fifth Cause of Action for Fraudulent Inducement-Concealment on the grounds that it: (1) barred by the applicable statute of limitations; (2) fails to state facts relevant to the elements of the claim; and (3) fails to allege a transactional relationship giving rise to a duty to disclose. The Statute of Limitations for Fraudulent Concealment was Tolled: Plaintiff contends he had no way of knowi...

Excerpt: ...legations regar ding the conduct of defendant White which makes her liable. Unspecific and general aiding and abetting allegations are insufficient. Plaintiff has not added sufficient factual allegations. Plaintiff is again admonished that any second amended complaint should include specific allegations regarding the conduct of defendant White which makes her liable. Unspecific and general aiding and abetting allegations will be insufficient. ...

Excerpt: ...o 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 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 th...

Excerpt: ...tCall, 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 tentative ruling you can fax no...

Excerpt: ...the ruling o n the special motion to strike as it is moot. Pro per form complaint filed on 9/15/23. It asserts causes of action for: “Tort, 26 USC 7701(a)(26); 15 USC 1 and 2; 28 USC 1331; [and] 48 CFR Ch 1. 53.228. Section 8 of form complaint. Plaintiff seeks $3,889,152,170.69 in damages. Section 9 of form complaint. Attached to the complaint are what appear to be approximately 100 pages of a brief and exhibits. The current special motion to ...

Excerpt: ...m. If you in tend 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. W ith 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 Coats's secretar...