Excerpt: ...ion, you may notify the court by email to [email protected]. Please include the hearing date, the case name and case number on message. You must include all counsel and self-represented parties on pur message. The court will not 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. Do not call in lieu of sendi...

Excerpt: ...sidering the parties' oral arguments. The tentatve ruling 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 on message. You must include all counsel and self-represented parties on your message. The court will not resp...

Excerpt: ...r 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 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 tentativ...

Excerpt: ...tCall 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 notce of intent to appear is required. If pu...

Excerpt: ... rule 3.1113.) Plaintiff has not asserted any ground for demurrer that is permitted under CCP section 430.20. Even if the Court overlooks these defects, Plaintiff's arguments lack merit. Defendant is granted leave to amend to correct the typographical misspelling of Plaintiff's name. Background: This is an action for breach of contract, common counts, fraud, and IIED. Defendant filed an answer on July 13, 2023, asserting a general denial and vari...

Excerpt: ...uest for a continuance to conduct discovery is denied. The Court grants the motion to quash service of summons. Analysis: On a defendant's moton to quash service of summons for lack of jurisdiction, the burden of prtnf is on the plaintiff to establish minimum contacts between the defendant and the forum. (Weil & Brown, Cal. Prac. Guide Civ. Pro. Before Trial 53:384 citing Mihlon v. Superior Court (1985) 169 Cal.App.3d 703, 710 ["[W]hen jurisdicti...

Excerpt: ...an email to the court at:[email protected]. Absent waiver of notice and in the event an order is not signed at the hearing, the prevailing party shall prepare a propsed 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, mcfffy or reject the tentative ruling following the scheduled hearing. This tentative ruling will have no legal e...

Excerpt: ...equired. 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 on 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 emai...

Excerpt: ...ary, Ms. McIntyre, at 805-289-8791 to gain entry. 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 the day before pur scheduled hearing. Requests for approval of a CourtCall appearance made to the Court on the morning of the hearing will not be granted. No exceptions will be made. With r...

Excerpt: ...h to submit on the court's tentative decision, please send an email to the court at:[email protected]. 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 tentative ruling following the s...

Excerpt: ...ll Judge Coats's secretary, Ms. McIntyre, at 805-289-8791 to gain entry. 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 pu intend to appear by CourtCall, you must make arrangements with CourtCall the day before your scheduled hearing. Requests for approval of a CourtCall appearance made to the Court on the morning of the hearing will not be granted. No exceptio...

Excerpt: ... 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 Guascols secretary, Cecilia Gil 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...

Excerpt: ...rd at the same time as matters on the law and motion calendar. Parties appearing 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 tentatve decision must so notify the Court by e-mail at [email protected] or by fax to Judge Guasco's secretary, Cecilia Gil at (805) 477-5892. Do not call in lieu of sending an e-mail or fax. If a party subm...

Excerpt: ...ce with service and hearing date requirements. Respondent has the burden of proof as to the validity of the lien but has not responded or offered any proof. The Court intends to grant the Petiton releasing the property from the mechanic's lien and awards $3,745.20 in fees and costs to Petitioner. Background: According to the verified Petition, Respondent Bear Plumbing & Rooter, Inc. recorded a mechanic's lien on Pettioner's property, 161 West Bow...

Excerpt: ...ff in Intervention Chartreuse Moose, Inc.'s First Amended Complaint in Intervention; and (2) Motion to Strike of Defendants in Interventon Nancy . Faries, Nancy L. Faries as Trustee for Cyril L and Nancy L. Faries Family Trust, and Phil Wolvek to Plaintiff in Intervention Chartreuse Moose, Inc.'s First Amended Complaint in Intervention Tentative Ruling: The Motion to Strike and Demurrer by Phil Wolvek is denied is moot in light of his dismissal f...

Excerpt: ...t are not authorized by the discovery statutes and they are disregarded. Defendant is ORDERED to produce its PMK for in no case later than September 22, 2023. Due to Plaintiff's failure to show gtncl cause or submit a separate statement regarding the document demands contained in the deposition notice, the Court declines to rule on the requests for of documents. Plaintiff's request for sanctons against Defendant's counsel of record is GRANTED in ...

Excerpt: ...den is to show that Plaintiff dæs not possess, and cannot reasonably obtain evidence to establish the element of causation. See Aguilar v. Atlantic Richfield, 25 Cal.4th 826, 854. Garcia does not establish that Plaintiff "cannot reasonably obtain" such evidence. The moton is granted as to the second cause of action for products liabil-ty. Garcia is not in the business of manufacturing, distributing, or selling products. Plaintiff's evidence is i...

Excerpt: ...uest for judicial notice. Future requests for judicial notce should comply with CA Rules of Court, Rule 3.1036(c) and materials from websites should be submitted and properly authenticated. The Court sustains the demurrer to the second cause of action with leave to amend. Plaintiff has failed to adequately allege a relationship/transacton giving rise to a duty to disclose the alleged defect(s) and has failed to sufficiently allege how the alleged...

Excerpt: ...atthew P. Guasco starts between 8:30 and 8:45 a.m. Ex parte applications will be heard at the same time as matters on the law and motion calendar. Parties appearing 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 tentatve decision must so notify the Court by e-mail at [email protected] or by fax to Judge Guasco's secretary, Cecilia Gil...

Excerpt: ... wish to submit on the tentative decision, pu may notify the court by email to [email protected]. Please include the hearing date, the case name and case number on 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...

Excerpt: ..., Inc.'s request for an order compelling arbitration of Plaintiffs Tristan Terry-Burciaga's and Rose Burciaga-TerrVs Complaint against it, on the grounds that Honda fails to demonstrate the existence of an agreement to arbitrate such claims and, in particular, fails to demonstrate that it is entitled to enforce the arbitration provision in the sales agreement between the dealership and Plaintiffs either as a third-party beneficiary or under the d...

Excerpt: ...t 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 Guascols secretary, Cecilia Gil 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 the nan-ap...

Excerpt: ...ourtroom 20 before Judge Matthew P. Guasco starts between 8:30 and 8:45 a.m. Ex parte applications will be heard at the same time as matters on the law and motion calendar. Parties appearing 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...

Excerpt: ... the home was in need of significant repair and improvement. Plaintiff was concerned that if the relationship fizzled, he would not be compensated for his labor in renovating the home. Defendant says that she will make him a co-owner to protect his interest in his labor. She does, and Plaintiff sends her an itemized statement for his labor in the amount of $401,000.00. The relationship fails, and Plaintiff wants his one-half interest in the home....

Excerpt: ...tative ruling following the scheduled hearing. This tentative ruling will have no legal effect unless adopted by the court. The Court intends to rule as follows. Plaintiff: 1. Plaintiffs' Motion in Limine No. 1: To Allow Counsel to Discuss Specific Sums During Voir Dire No opposition filed. Granted (See, e.g., Wegner, et al., Cal. Prac. Guide Civ. Trials & Ev. (The Rutter Group 2013.) 2. Plaintiffs' Motion in Limine No. 2 To Preclude Defendant Ex...