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: ...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: ...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: ...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: ... 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: ...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: ...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: ...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: ...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: ...=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: ...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...