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: ...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: ...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: ... 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: ... 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: ... 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: ...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: ...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: ...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: ...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: ...ent motion and a memorandum of costs on 3/12/24. Defendant does not challenge plaintiff's entitlement to fees and costs under the Song -Beverly Act as the prevailing party. Instead, defendant challenges the reasonableness of the fees and costs claimed. With respect to the reasonableness of the costs, the defendant has not filed a motion to tax or strike cost as required by CA Rule of Court, Rule 3.1700. As such, the costs claimed in the memorand...

Excerpt: ...ord was aware of those defects prior to his purchase of the vehicle. The Court previously rejected Ford's argument that Plaintiff had not alleged facts supporting a duty to disclose. The Court sustains the demurrer to the sixth cause of action for negligent repair. Plain tiff's claims against Price are conflated with his warranty claims and he has not alleged a repair attempt by Price that was not under warranty. As such, his claim is barred by ...

Excerpt: ...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 exceptio ns 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 Co...

Excerpt: ... FCA US (202 2) 77 Cal.App.5th 209, there are no allegations in the Complaint sufficient to show that the subject vehicle was purchased used by Plaintiff. Moving party to give notice of the Court's ruling. Discussion: a. Motion for Judgment on the Pleadings A motion fo r judgment on the pleadings has the same function as a general demurrer but is made after the time for demurrer has expired. (Code Civ. Proc., § 438, subd. (f).) The grounds for j...

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...

Excerpt: ...u wish t o 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 commun...

Excerpt: ...st 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 [email protected] or by fax to Judge Guasco's secretary at (8 05) 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 condu...

Excerpt: ...1, 1032, & 1033.5.) Plaintiffs request judicial notice of Exhibits 1 through 5 attached to the declaration of attorney Erik Feingold in support of the motion. (See Evid. Code, § 452.) Plaintiff's request for judicial notice in support of the motion is GRANTED. (See Ev id. Code, § 452, subds. (d)(1).) Plaintiffs' motion for attorneys' fees and costs on appeal and for this motion, is GRANTED in the reduced amount of $11,996.31. The motion is time...

Excerpt: ...two proposed depositions to the extent that motion is granted. Counsel for the moving party to give notice. Plaintiff is moving to reopen discovery for the limited purpose of having a motion heard to compel the depositions of two trustee members of Defendant CVUSD's B oard of Education. At the outset, it should be noted that the discovery cutoff date in this action will have already passed on March 24, 2024. The discovery motion cutoff date will ...

Excerpt: ...requests for pro duction. 3) Defendant shall provide objection free further responses that comply with all statutory requirements within 20 days. The further responses should either indicate that Defendant will comply with the request in full as provided for in Code Civ. Proc., § 2031.220 or is unable to do so as provided in Code Civ. Proc., § 2031.230. The parties are ordered to meet and confer regarding a proposed stipulated protective order ...

Excerpt: ...ng: The reque st for judicial notice is granted. The motion is granted in part and denied in part. Defendant shall provide objection free further responses to requests for production Nos. 27, 28, 31, 33, 35, 37 and 38, as limited and as further specified below. The f urther responses shall comply with all statutory requirements and be provided within 20 days. Defendant need not provide further responses to request Nos. 24 -26, 36 and 46. These r...

Excerpt: ...r the parties , but in no case later than April 20, 2024. Any objections on the grounds of attorney -client privilege or closed session privilege are to be more properly raised at the time of the depositions. Counsel for the moving party to give notice. Pursuant to Code of Civil Procedure section 2025.010, “[a]ny party may obtain discovery…by taking in California the oral deposition of any person, including any party to the action.” A prope...

Excerpt: ... the underlying discovery order of November 2, 2023, evidence a willful failure to comply so as to warrant nonmonetary sanctions. At the very least, Plaintiff was not unduly prejudiced by Defendant's responses. As for Plaintiff's requested monetary sanctions, the Court notes that no evidence has been provided to support the amount in sanctions claimed in the moving Memorandum of Points and Authorities. As such, monetary sanctions are denied. Coun...

Excerpt: ...memorandum and Code of Civil Procedure, section 1032, 1033.5 and California Rules of Court, rule 3.1700. The FAC by Alejandro Contreras against Defendants Luis Melgar, County Records Service, Siboney A. Monge individually and as trustee of the Kumquat 1340 trust, the Kumquat 1340 Trust, Malibu Reconveyance, LLC, Jenny E. Segovia, Segovia Real Estate Group, and Reney Grace Rodriguez was filed on 9 -15- 17 with 14 causes of action, including viola...

Excerpt: ... single example in support of both of his arguments. In support of his argument that all the affirmative defenses fail to state sufficient facts, plaintiff refers to the first affirmative defense that each cause of action in the complaint fails to state facts sufficient to constitute causes of action. Because this affirmative defense relies solely on the factual allegations of the complaint, it is sufficiently plead. Furthermore, the fifth affi...

Excerpt: ...inson v. Sup. Ct. (1987) 43 Cal.3d 833, 840.) Here, it cannot be said that Defendant has demonstrated good cause. Accordingly, the motion is denied without prejudice. Counsel for the moving party to give notice of the Court's ruling. This personal injury case where it is alleged plaintiff suffered, among other injuries, traumatic brain injury. Case filed on 9/11/23. Answer filed on 11/28/23. This motion was set by ex parte application on 3/27/2...

Excerpt: ...e depositio n of Defendant's PMK is scheduled for April 10, 2024. The Court orders Defendant to pay Plaintiff's counsel monetary sanctions in the amount of $2,000 within 30 days of this ruling. The Complaint was filed on 6/9/22 by Plaintiff Leticia Villescaz against D efendants Los Robles Regional Medical Center; HCA Health Services of California, Inc.; and CHC Payroll Agent, Inc. alleging causes of action for (1) actual/perceived disability har...

Excerpt: ...d. The Court all ows 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. Reques ts 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 not...

Excerpt: ...tion, Approval of Class Notice, Setting of Final Approval Hearing is GRANTED. 1. The following class is conditionally certified for settlement purposes only: “all current and former hourly -paid or non -exempt employees of Defendant Synergy Shipping LLC within the State of California at any time during the period from July 22, 2019, through August 21, 2023.” 2. Plaintiffs Gianna Graziano and Ethon Burch are conditionally approved as class re...

Excerpt: ... 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 [email protected] or by fax to Judge Guasco's secre tary 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...

Excerpt: ...tems 2, 5, and 14 and all other items not contested by Defendant in this motion. Further, Plaintiff's request for attorney's fees is DENIED. A hearing on the OSC re Dismissal Pursuant to Representation of Settlement SHOULD BE SCHEDULED. The Complaint was filed on 8/ 31/20 and the First Amended Complaint (“FAC”) on 1/8/21. The FAC was filed by Plaintiff Rodolfo Celedon against Defendant General Motors, LLC, and pleads causes of action for (1...

Excerpt: ...d by the 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's e...

Excerpt: ...ecurity Pacific Business Credit, Inc. (1990) 222 Cal.App.3d 1371.) The Demurrer is SUSTAINED as to the third cause of action for breach of the Unfair Competition Law (UCL) (Bus. & Prof. Code, § 17200, et seq.). UCL are not permitted to be brought against a homeowners' a ssociation in connection with a nonjudicial foreclosure. (See That v. Alders Maintenance Assn. (2012) 206 Cal.App.4th 1419.) The Demurrer is SUSTAINED as to the eighth cause of ...

Excerpt: ... If you inte nd 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. Wit h 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 secretary,...

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

Excerpt: ... all five r ecorded documents. (Scott v. JPMorgan Chase Bank, N.A. (2013) 214 Cal. App. 4th 743, 754– 55, as modified on denial of reh'g (Apr. 16, 2013) The Court also intends to SUSTAIN Defendant's Demurrer to the Second Amended Complaint, with leave to amend. In thei r First Cause of Action of the Second Amended Complaint, Plaintiffs allege Defendant violated Civil Code sections 2923.5 and 2923.6 (Homeowner's Bill of Rights), by failing...