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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: ...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: ...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: ...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: ...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: ...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: ... 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: ...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...

Excerpt: ...s Responses to F orm Interrogatories, Set One is GRANTED. Defendant's Motion to Compel Plaintiff's Responses to Special Interrogatories, Set One is GRANTED. Defendant's Motion to Compel Plaintiff's Responses to Requests for Production of Documents, Set One is GRANTED. Defe ndant's Motion to Deem Matters Admitted against Plaintiff is GRANTED. Plaintiff Margie Smith is ordered to serve Defendant with her Code -compliant and objection -free initial ...

Excerpt: ...d Request for Sanctions is GRANTED. Defendant is required to produce its Person Must Qualified and Custodian of Records for questioning and produce the requested documents for deposition within 20 days of this ruling. Further, Defendant is required to pay Plaintiffs' counsel monetary sanctions in the amount of $1,860 within 20 days of this ruling. Plaintiffs move the court for an order pursuant to Code of Civil Procedure, section 2025.450, subdi...

Excerpt: ... For good cause shown, Defendants are hereby granted leave to take the second session of the deponent at a date, time, and location to be mutually determined by the parties' counsel. Defense counsel's questioning shall be limited to the issues of updates regarding Plaint iff's condition and the extent of her claimed damages. Counsel for the moving parties to give notice. Background: This action arises from the alleged sexual assault suffered by P...

Excerpt: ...all 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 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 to...

Excerpt: ...ation of Issues . (Not Opposed) Tentative Rulings: The Court grants the motions for summary adjudication in their entirety. Defendants' Motions for Summary Judgment Defendants Mole Richardson Rentals (erroneously sued as Mole -Richardson Rentals, LLC), and PK&P Investment Co. f/k/a Mole -Richardson Co. (collectively “Mole -Richardson”) each move for Summary Adjudication on three issues: (1) Plaintiffs cannot establish any evidence against mov...

Excerpt: ... 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 hearin g. 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, n...

Excerpt: ...stodian(s) of R ecords; Request for Documents at Deposition served on December 21, 2023, within 20 days of this ruling. Further, Defendant is required to pay to Plaintiff's counsel monetary sanctions in the amount of $1,860 within 20 days of this ruling. On November 7, 2 022, Plaintiff Juan Orozco Ponce aka Juan Orozco (“Plaintiff”) filed a Complaint against General Motors, LLC (“Defendant” or “GM”), alleging causes of action for (1)...

Excerpt: ...rt grants i n part and denies in part Plaintiff Kelli Wiedemier's request for an order taxing Defendants Thousand Oaks Surgery Center, LLC's and Virtuoso Medical Management, Inc.'s Memorandum of Costs. The Court denies Plaintiff's request to tax $520.50 from Item No. 1 in Defendants' Memorandum of Costs relating to Defendants' summary judgment motion. Defendants' summary judgment motion – although ultimately unsuccessful – was reasonably nece...

Excerpt: ...It indica tes that D was subserved on 6/17/20 at 226 Orange Ave., Suite 103 Coronado, CA 92118. D's default was taken on 8/26/20. A significant amount of time passed before a default judgment was filed on 6/16/23 in the amount of $200,634. An abstract of judgment was issued on 9/26/23. The current motion was filed on 2/29/24. Notice: Defective. Pursuant to CCP §1005(b) the motion should have been filed no later than 16 court days prior to th...

Excerpt: ...d. Defendants are ordered to provide objection free responses to the discovery within 20 days. Plaintiff is awarded $995 in monetary sanctions against defendant and its attorney of record, jointly and severally, for each of the three motions. The motion to deem admitted the requests for admissions is GRANTED as well, unless defendant can demonstrate at the hearing it has already served the plaintiff with a proposed response to the request for adm...

Excerpt: ...urther response to Reque sts for Production of Documents, Set Two (“RPD”), No. 24 (erroneously numbered as “No. 4”) and for $1,140 in monetary sanctions against Plaintiff and his counsel, jointly and severally. Tentative Ruling: Defendant's motion to compel a further response to R PD, Set Two, No. 24 is GRANTED. A further response, without objection, shall be served within 30 days. Defendant's request for monetary sanctions against Plaint...

Excerpt: ...etary sanction s is DENIED. The Complaint was filed on June 7, 2022, the First Amended Complaint on August 30, 2022, and the Second Amended Complaint (“SAC”) on December 29, 2022. Plaintiff Andrew Jones (“Plaintiff”) filed the claim against Defendants Southern Californi a Edison (“SCE”) and Jaime Frutos (“Frutos”) alleging causes of action for (1) unfair business practices, (2) negligent hiring and retention, (3) nonpayment of w...

Excerpt: ...or “PMK”) of Defendant Gen eral Motors, LLC (“Defendant” or “GM”), to produce documents requested in the notice of deposition, and for $2,250 in monetary sanctions against Defendant (opposed). TENTATIVE: GRANT. All objections to the request for documents are overruled, except as fol lows: Attorney-Client Privilege and Attorney Work Product: These objections should be preserved, but do not necessarily warrant denial of discovery. Defen...

Excerpt: ...mpton College Dis trict, 127 Cal.App.4th 954/962-963. Govt Code section 45264 establishes that Plaintiff is a classified employee of the District, even though her work is supervised by the Commission. Plaintiff's descriptions of her employment are consistent with the des cription of a classified District employee who worked as a Commission staff member. Her allegations qualify for inclusion under the continuing violation doctrine. Defendant doe...

Excerpt: ... the Februa ry 9, 2024 dismissal of this action vacated. An Order to Show Cause re: Default Judgment Packet is ordered calendared for April 9, 2024. Notice: OK (There is no proof of service attached to the motion. However, Plaintiff apparently was not required to ser ve its motion on either of the two named Defendants.1) On June 2, 2023, Plaintiff E & N Financial Services & Development, Inc. (“E&N”) filed a Complaint against Defendant Ruther...

Excerpt: ...red the merits of the motion, the motion is granted. Plaintiff's claims are ordered to arbitration, except that Plaintiff's representative claims are dismissed. Status conference re: arbitration is set for January 29, 2025 at 8:30AM. This case is stayed. Analysis: a. Threshold Issue – Applicability of the FAA and Preemption Defendant argues the arbitration agreement is governed by the FAA because (a) it states so in the agreement and (b) the ag...

Excerpt: ...uipped for Z oom. 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 will be made. With respect to the tentative ruling below, no notice of intent to appear is required. If you wish to submit ...

Excerpt: ...to the exist ence of a valid arbitration agreement to which the FAA applies. In accordance with Viking River Cruises, Inc. v. Moriana (2022) 142 S.Ct. 1906, Plaintiff's individual PAGA claim is severed from her representative PAGA claim and ordered to binding arbitrati on. Pursuant to the recent California Supreme Court decision in Adolph v. Uber Technologies, Inc. (2023) 14 Cal.5th 1104, pending the resolution of Plaintiff's individual PAGA clai...

Excerpt: ...on 1 cannot be det ermined since the Declaration of Josue Castillo was not received by the court. The scanned document titled Declaration of Josue Castillo is actually the Declaration of Jorge Coronado. Plaintiff's Request for Judicial Notice: The court denies Plaintiff's re quest for judicial notice of the Final Statement of Decision in the case Palomino v. Northrup Grumman, Case No. 19CV345534 as it is not relevant to the Court's decision here ...

Excerpt: ...omation, Inc.'s Motion for Summary Judgment is denied. There are triable issues of fact regarding Defendant's compliance with Labor Code section 226, subdivision (a) [DF 6 -8]; whether Plaintiff suffered injury under Labor Code section 226, subdivision (e) [DF 8]; and whe ther Defendant did knowingly and intentionally violated Labor Code section 226, subdivision (a) [DF 13]. Background: The FAC is a Class Action and pleads causes of action for (1...

Excerpt: ...$3,446.25 is GRANTED in part and is MOOT in part. The motion is moot as to Request for Admission Nos. 12, 17, 21, 23- 26, 28-34, and 48, based on Defendant's representation that further verified responses were served on March 1, 2024. The motion is granted as to the rem aining request for admissions. All objections are overruled with the exception of the attorney -client and work product objections. Defendant is ordered to provide code -complain...

Excerpt: ... Young's Motion to Compel Cross -Defendant Southern California Edison Company's Further Responses to Form Interrogatories, Set One is GRANTED as to Form Interrogatory nos. 4.1, 4.2, 12.6, 15.1, and 17.1, but DENIED as to Form Interrogatory no. 3.7. Cross -Defendant shall serve Defendant/Cross -Complainant with its Code -compliant supplemental responses to Form Interrogatories nos. 4.1, 4.2, 12.6, 15.1, and 17.1 by April 5, 2024. Sanctions are gra...

Excerpt: ...Zoom. If app earing 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 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 tent...

Excerpt: ...roduction of Documents, Set One, and $2,760 in sanctions. (Unopposed) (3) Plaintiffs' Motion to Have Matters Deemed Admitted, and $2,760 in sanctions. (Unopposed) (4) Plaintiffs' Motion to Compel Responses to Special Interrogatories, and $2,760 in sanctions. (Unopposed ) TENTATIVE: ALL GRANTED. Plaintiffs Benjamin R. Candelaria III's and Kimberly M. Thompson's Motion to Compel Defendant FCA US, LLC's Responses to Form Interrogatories (Set One) is...

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Excerpt: ...n 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 exc eptions 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 Judg...

Excerpt: ... 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 exce ptions 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...

Excerpt: ....220 or is unable to do so as provided by CCP 2031.230. the one exception is that in response to a particular request, Honda's further response may also set forth any privilege objections provided that a privilege log accompanies its further responses. Donlen, Doppe s and Santana allow the type of discovery being sought by Plaintiff. The language of the particular RFP's from the first set of discovery is not the same as the language in RFP's 1 a...

Excerpt: ...�cation, Appro val of Class Notice, Setting of Final Approval Hearing is CONTINUED to March 29, 2024 at 8:20AM. The Court requires additional information to make its ruling. If Plaintiffs choose to supplement the record, additional documents are to be filed by March 25 . The additional information requested by the Court is: 1. A counsel declaration that provides information about the firm's hourly billing rate and the hours spent by the attorne...

Excerpt: ...285 respect ively. Tentative Ruling: Provided substantially compliant responses have not been served on Plaintiff's counsel prior to the hearing, the Court intends to grant Plaintiff's unopposed Motions as requested, and to award monetary sanctions against Defendant a nd counsel jointly and severally in the amount of $500 per motion, for a total sanction award of $2000. Responses to the discovery requests are due, without objection, by April 12, ...

Excerpt: ...pted by th e 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...

Excerpt: ...ntative 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. D...

Excerpt: ... Requests for Pr oduction (Set No. 1) and Production of Responsive Documents, and for $3,160 in Sanctions (Opposition untimely and not considered by the Court) Tentative Ruling: The Court denies Plaintiffs' motion as to requests nos. 50, 82, and 83, on the ground that Plai ntiffs fail to demonstrate “good cause” for these requests. The Court grants the motion as to requests nos. 1 -3, 7, 17, 22 -24, 35 -38, 40 -43, 48, 49, 56, 57, 66, 74, 75 ...

Excerpt: ...ear is re quired. 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 -represe nted 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: ...lled. The Co urt 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 will be made. With respect to the tentative ruling below, no n...

Excerpt: ...ed due to i nadequate notice; Defendant had served Plaintiff electronically and there was no indicate he had agreed to electronic service. Defendant also served Plaintiff at a mailing address that was not his address of record, despite his use of the address on other correspondence. The Court ordered Defendant to serve Plaintiff with the moving papers and notice of the continued hearing before 2/9/24 at his address of record, and to file a proof...

Excerpt: ...isclose. Disc ussion: Demurrer is only appropriate where the grounds for objection appear on the face of the complaint or from any matter of which the court is required to or may take judicial notice. (Code Civ. Proc., § 430.30(a)). For the purpose of a demurrer, the court must treat all properly pleaded facts as admitted. (Blank v Kirwan (1985) 39 Cal.3d 311, 318). Ford argues Plaintiff has not identified the purported defect and alleges no fa...

Excerpt: ...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 mes sage. 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 communic...

Excerpt: ...1) OVERRULED; (12) OVERRULED; (13) OVERRULED; (14) OVERRULED; (15) SUSTAINED; (16) SUSTAINED; (17) OVERRULED; (18) OVERRULED; (19) SUSTAINED; (20) OVERRULED; (21) OVERRULED; (22) OVERRULED; (23) OVERRULED; (24) OVERRULED; (25) OVERRULED; (26) OVERRULED; (27) OVERRULED; and (28) OVERRULED. For the purposes of this Motion only, Defendants' Undisputed Material Facts (“UMFs”) Nos. 1, 2, 3, 4, 5, 6, 7, 8, 10, 12, 15, 16, and 17 are undisputed and ...

Excerpt: ...tative d ecision, 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. D...

Excerpt: ...e call in at 8:00 a.m. Court Call connects to the Courtroom at 8:15 a.m. If you wish to submit on the court's tentative decision, please send an email to the court at:[email protected]. All counsel and self- represented parties must be copied on the email. Absent waiver of notice and in the event an order is not signed at the hearing, the prevailing party shall prepare a proposed order and comply with CRC 3.1312 subdivisions (...

Excerpt: ...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 except ions 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 Jud...

Excerpt: ...rry's request fo r judicial notice in its entirety. Plaintiffs' request for an order compelling Defendant American Honda Motor Co., Inc.'s (“Honda”) further response to request for production (set no. 1) no. 20 is denied as moot due to Honda's service of a further response to request no. 20 while Plaintiffs' motion was pending. The Court grants Plaintiffs' request for an order compelling Honda's further responses to requests for production (s...

Excerpt: ...ing 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 Guas co'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 h...

Excerpt: ...om. 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 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 tentat...

Excerpt: ... cept as to attorney-client -privilege and work product protections and orders GM to produce a PMQ on these categories. Categories 3 and 4: The categories are not limited in time and, as such, the objections are sustained in part. The Court limits the timeframe of these categories to the period from 2020 to the present and orders GM to produce a PMQ on these categories as limited. Document Request 1: The term “pre- litigation file” is overbr...

Excerpt: ...uropsychological testing, as offered by Dr. Gutirrez at a location in east Ventura County on February 21, 2024. The parties are ordered to mutually exchange their expert raw data upon completion of Dr. Gutierrez's testing, pursuant to the parties' Stipulation and CCP §2032.630. Background: This is a personal injury case. Plaintiff submitted to a neuropsychological test on Oct. 26, 2023, from 9 -5 with Dr. Juan Manuel Gutierrez, PhD with appropri...

Excerpt: ...please send an email to the court at:[email protected]. All counsel and self -represented parties must be copied on the email. Absent waiver of notice and in the event an order is not signed at the hearing, the prevailing party shall prepare a proposed order and comply with CRC 3.1312 subdivisions (a), (b), (d) and (e). The following is a statement of the court's tentative ruling. The court may adopt, modify or reject the tent...

Excerpt: ...NT the application to issue an OSC re Contempt as to Keith Martin Mack. This matter is set for hearing on Plaintiffs' OSC for April 12, 2024 at 9:00 AM. The affidavit and OSC are to be served on Keith Martin Mack in the same manner as a summons. Background: This is a post -judgment matter, and the third appearance of moving parties pursuing contempt against Defendant/alleged contemnor, Keith Martin Mack. a. The Parties and the Driveway Easement P...

Excerpt: ...pear is re quired. 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 -represe nted 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 c...

Excerpt: ...ng will have no legal effect unless adopted 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 f...

Excerpt: ...o Compel Further Responses to Requests for Production of Documents and Request for Sanctions is GRANTED in part and DENIED in part. Defendant General Motors is ordered to provide veriÞed and code-compliant further responses to Request for Production (set one) numbers 16, 19-32 and 45-46 reßecting its agreement to make a supplemental production. The responses must comply with Code of Civil Procedure section 2031.280. Defendant General Motors is ...

Excerpt: ...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 between counsel. ...

Excerpt: ...ing to timely request a hearing pursuant to Public Resources Code section 21167.4 (opposed); (2)Joinder in Opposition by Respondent California Regional Water Quality Control Board, Los Angeles Region (“Regional Board”) (unopposed); (3)Joinder in Opposition by Real Party In Interest The Boeing Company (“Boeing”) (unopposed). Tentative Ruling: Both joinders to the opposition are GRANTED. Petitioners seek relief from the order of dismissal t...

Excerpt: .... Court Call connects to the Courtroom at 8:15 a.m. If you wish to submit on the court's tentative decision, please send an email to the court at:[email protected]. All counsel and self-represented parties must be copied on the email. Absent waiver of notice and in the event an order is not signed at the hearing, the prevailing party shall prepare a proposed order and comply with CRC 3.1312 subdivisions (a), (b), (d) and (e). The ...