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: ... 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: ...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: ... 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: ...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: ...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: ...(“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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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...