Excerpt: ...i dba Budget Garden Motel's Motion for Judgment on the Pleadings is GRANTED. Defendants shall give notice of this ruling. Background: Plaintiff alleges that Defendants Bhalubhai Prajapati & Ramila (d/b/a Budget Garden Motel) Ramchandra Prajapati, and Chandravati Prajap ati negligently maintained/controlled/managed/operated the premises so as to create a dangerous condition that actually and proximately caused injury to Plaintiff (slip and fall du...

Excerpt: ...by CourtCall and Zoom. Refer to the Courtroom 43 webpage for more information about remote appearances. If appearing 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 befo re 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 appearanc...

Excerpt: ...tion about re mote appearances. If appearing 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 appear ance 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@ve...

Excerpt: ...f's two remai ning causes of action brought under the Consumer Legal Remedies Act (“CLRA”) and Business and Professions Code, section 17200 et seq., may both be brought as a representative class action lawsuit, and precertification discovery into the existence of an asc ertainable class is widely permitted. Stern v. Superior Court (2003) 105 Cal.App.4th 223, 233 [Each party must have an opportunity to conduct discovery on class action issues ...

Excerpt: ...s. If appearing 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 sim...

Excerpt: ... and Defendan ts fail to demonstrate that it is a court record. (See, e.g., Wolf v. CDS Devco (2010) 185 Cal.App.4th 903, 914; Shapell SoCal Rental Properties, LLC v. Chico's FAS, Inc. (2022) 85 Cal.App.5th 198, 208 -209; J.W. v. Watchtower Bible & Tract Society of New Y ork, Inc. (2018) 29 Cal.App.5th 1142, 1172 -1173.) Defendants' request for judicial notice as to Exhibit B is granted. Defendants' demurrer for uncertainty to the sole cause ...

Excerpt: ...r 30, 2024. Discu ssion: The grounds for a demurrer must appear on the face of the pleading or from judicially noticeable matters. (Code Civ. Proc., § 430.30, subd. (a); Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) Concerning the legal sufficiency of a pleading, the sole iss ue on demurrer is whether the facts pleaded, if true, state a valid cause of action – i.e., if the complaint pleads facts that would entitle the plaintiff to relief. (LiMan...

Excerpt: ...ntimely. (Cod e Civ. Proc., §§ 435, subd. (b), 430.40, subd. (b), and Cal. Rules of Court, rule 3.1322.) The notice does not specify the matters to be stricken. (Cal. Rules of Court, rule 3.1322(a).) Substantively, the motion appears to argue that the affirmative defens es are untrue. The court must assume the allegations of the answer are true for purposes of this motion. Background: Action for: 1) breach of contract; 2) breach of the covenant...

Excerpt: ...ERRULES in pa rt and SUSTAINS in part Defendants Clearwater Senior Living, LLC and CSL Berkshire Operating Company, LLC's Demurrer to the First Amended Complaint. (Code Civ. Proc., § 430.10(e).) Sufficient facts are stated to support the third and fourth causes of actio n, and the demurrer to these claims is overruled. As to the sixth and eight causes of action the Court agrees with Defendants that Plaintiff does not have private rights of actio...

Excerpt: ...emote appearances. If appearing 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]....

Excerpt: ...es. If appear ing 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 s...

Excerpt: ...43 webpage fo r more information about remote appearances. If appearing 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 app roval 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 ...

Excerpt: ...9, 50, 51, 52, 53 , 54, 55, 56, 57, 58, 59, 60, 66, 67, 68, 70, 74, 77, 78, 79, 80, 82, 83, 86, 87, 89, 90, 92, 96, 98, 99, 101, and 102 are undisputed. UMFs nos. 14, 15, 25, 30, 31, 35, 41, 42, 61, 63, 64, 81, 88, 91, 94, 95, 97, 100, 103, and 104 are disputed and establis hed. UMFs nos. 12, 48, 62, 65, 69, 71, 72, 73, 75, 76, 84, 85, and 93 are disputed and not established. For the purposes of this Motion only, Plaintiffs' Additional Material F...

Excerpt: ...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. If 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. Effectiv e February 13, 2018, all cases assigned to Courtroom 2...

Excerpt: ...435 et seq.) The allegations of the First Amended Complaint are insufficient to support a viable prayer for punitive damages against Defendant. Plaintiffs to file an amended complaint within 20 days of this Court's order. Defendant to give notice. This action arises fr om a dispute concerning a residential lease. In the complaint, Plaintiffs Sergio Melano, Aline Montalvo, Sergio Navarrete Noh, and Ximena Navarrete, by and through her GAL (collect...

Excerpt: ...l District's Motion for Determination of Good Faith Settlement is GRANTED. For good cause shown, relief is proper per Code of Civil Procedure section 877.6 and Tech -Bilt, Inc. v. Woodward -Clyde & Associates (1985) 38 Cal.3d 488, 499. Counsel for Defendant to give noti ce. This action arises out of an automobile versus pedestrian incident that occurred on June 7, 2022, at approximately 3:40 p.m. in front of Mesa Verde Middle School on Peach Hill...

Excerpt: ...nformation ab out remote appearances. If appearing 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 Courtroom...

Excerpt: ...arances. If appearing 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 morn ing 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] wit...

Excerpt: ...om. If appear ing 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 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 tentat...

Excerpt: ...8/9/24 at her apartment in Simi Valley. Code Civ. Proc., § 664.6. Plaintiff requests that judgment be entered in its favor against defendant in the amount of $12,937.68. Declaration of counsel Fanny Wan. Verbal settlement agreement entered on 11/26/21 and thereafter sig ned in writing on 1/10/22. Principal sum of $12,137.68, plus prior court costs of $370, appearance fee of $370, and $60 motion fee. No payments made after entering into the settl...

Excerpt: ...s the hearing o n Plaintiffs' motion to compel Defendant American Honda Motor Co., Inc.'s (“Honda”) compliance with the Court's February 21, 2024 discovery order to October 21, 2024 at 8:20AM. Plaintiffs shall file and serve, forthwith, a supplemental declaration attachin g a copy of the Stipulated Protective Order entered in the Meraz Action. Honda shall file and serve, by no later than October 14, 2024, a supplemental opposition brief (no m...

Excerpt: ...party may mov e for summary judgment in any action or proceeding if it is contended the action has no merit or that there is no defense to the action or proceeding. (Code Civ. Proc., § 437c, subd. (a).) To prevail on a motion for summary judgment, the evidence submitted must show there is no triable issue as to any material fact and that the moving party is entitled to judgment as a matter of law. (Code Civ. Proc., § 437c, subd. (c).) “For pu...

Excerpt: ...ully met its burden of establishing its entitlement to summary judgment of it s breach of contract and common count causes of action based on Defendant's failure to make continued payments on her credit card account ending in 1552. Plaintiff shall be entitled to its requested damages in the amount of $25,090.32. The proposed order g ranting summary judgment and the proposed judgment will be signed on this date and electronically transmitted to th...

Excerpt: ...pposed motion for terminating sanctions. Cross -Complainants have shown that Serdy failed to comply with the Court's 1/30/24 order by failing to serve initial responses to the FI, SI, and RPD; subsequent monetary sanctions have been imposed but these orders have not secu red compliance and Cross -Complainants still have no meaningful discovery from Serdy. Cross -Complainants generally assert that Serdy's conduct is willful. This assertion is base...

Excerpt: ... CourtCall, c all 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 n ot be granted. No exceptions will be made. For Zoom appearances, all counsel appearing by Zoom must email the court at [email protected] with a simultaneous copy t...