Excerpt: ...entative ruling. The court may adopt, modify or reject the tentative ruling after considering the parties' oral arguments. The tentative 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 send a telefax to Judge Borrell's secretary, Denise Arreola, at 805‐477‐5894, stating that you submit on the tentative. A copy of the telefax must ...

Excerpt: ... assigned to Judge DeNoce for all purposes. The morning calendar before Judge Kevin G. DeNoce will begin at 9 a.m. in courtroom 43. Cases including ex parte matters will not be called prior to 9 a.m. Please check in with the courtroom clerk by no later than 8:45 a.m. If appearing by Court Call, please call in between 8:35 and 8:45 a.m. If you decide to submit on the court's tentative decision without appearing, send an email to the court at: Cour...

Excerpt: ...019 stolo This case has been assigned to Judge DeNoce for all purposes. The morning calendar before Judge Kevin G. DeNoce will begin at 9 a.m. in courtroom 43. Cases including ex parte matters will not be called prior to 9 a.m. Please check in with the courtroom clerk by no later than 8:45 a.m. If appearing by Court Call, please call in between 8:35 and 8:45 a.m. If you decide to submit on the court's tentative decision without appearing, send an...

Excerpt: ...FILED: Motion to Quash, 11/20/2019 stolo Cases including ex parte matters will be called at 9 a.m. Please check in with the courtroom clerk by 8:45 a.m. If appearing by Court Call, please call in between 8:35 and 8:45 a.m. If you wish 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 pa...

Excerpt: ...otion Procedures: The law and motion calendar in Courtroom 20 before Judge Matthew P. Guasco starts promptly at 8:30 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 Courtroom2...

Excerpt: ...e Regarding Courtroom 20 Law & Motion Procedures: The law and motion calendar in Courtroom 20 before Judge Matthew P. Guasco starts promptly at 8:30 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...

Excerpt: ...019 stolo No notice of intent to appear is required. If you wish to submit on the tentative decision, you may send a telefax to Judge Borrell's secretary, Denise Arreola, at 805‐477‐ 5894, stating that you submit on the tentative. A copy of the telefax must be sent to all opposing parties contemporaneous with transmission to the court. Please include the hearing date, the case name and case number on your telefax. Do not call in lieu of sendi...

Excerpt: ...nctions, 11/20/2019 stolo This case has been assigned to Judge DeNoce for all purposes. The morning calendar before Judge Kevin G. DeNoce will begin at 9 a.m. in courtroom 43. Cases including ex parte matters will not be called prior to 9 a.m. Please check in with the courtroom clerk by no later than 8:45 a.m. If appearing by Court Call, please call in between 8:35 and 8:45 a.m. If you decide to submit on the court's tentative decision without ap...

Excerpt: ...at 9 a.m. Please check in with the courtroom clerk by 8:45 a.m. If appearing by Court Call, please call in between 8:35 and 8:45 a.m. If you wish 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) ...

Excerpt: ... stolo The following is a statement of the court's tentative ruling. The court may adopt, modify or reject the tentative ruling after considering the parties' oral arguments. The tentative 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 send a telefax to Judge Borrell's secretary, Denise Arreola, at 805‐477‐5894, stating that you ...

Excerpt: ...tive ruling for December 18, 2019 on All Valley Escrow, Inc. and Brian Troop's motion for attorney fees. The court denies Defendants' motion for attorney fees with respect to defendant Brian Troop, and continues the matter for further briefing with respect to Defendant All Valley Escrow, Inc. Defendants seek attorney fees based upon a contractual provision and Civil Code §1717. Plaintiff asserted a breach of contract claim against All Valley Esc...

Excerpt: .../22/2019 stolo Notice Regarding Courtroom 20 Law & Motion Procedures: The law and motion calendar in Courtroom 20 before Judge Matthew P. Guasco starts promptly at 8:30 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 decisio...

Excerpt: ...otice Regarding Courtroom 20 Law & Motion Procedures: The law and motion calendar in Courtroom 20 before Judge Matthew P. Guasco starts promptly at 8:30 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...

Excerpt: ... the court's tentative ruling. The court may adopt, modify or reject the tentative ruling after considering the parties' oral arguments. The tentative 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 send a telefax to Judge Borrell's secretary, Denise Arreola, at 805‐477‐ 5894, stating that you submit on the tentative. A copy of th...

Excerpt: ...ing Courtroom 20 Law & Motion Procedures: The law and motion calendar in Courtroom 20 before Judge Matthew P. Guasco starts promptly at 8:30 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 b...

Excerpt: ...res: The law and motion calendar in Courtroom 20 before Judge Matthew P. Guasco starts promptly at 8:30 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]...

Excerpt: ...ion for Change of Venue, 10/09/2019 stolo Notice Regarding Courtroom 20 Law & Motion Procedures: The law and motion calendar in Courtroom 20 before Judge Matthew P. Guasco starts promptly at 8:30 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 subm...

Excerpt: ...mary Judgment and/or Adjudication, 10/02/2019 stolo This case has been assigned to Judge DeNoce for all purposes. The morning calendar before Judge Kevin G. DeNoce will begin at 9 a.m. in courtroom 43. Cases including ex parte matters will not be called prior to 9 a.m. Please check in with the courtroom clerk by no later than 8:45 a.m. If appearing by Court Call, please call in between 8:35 and 8:45 a.m. If you decide to submit on the court's ten...

Excerpt: ...n assigned to Judge DeNoce for all purposes. The morning calendar before Judge Kevin G. DeNoce will begin at 9 a.m. in courtroom 43. Cases including ex parte matters will not be called prior to 9 a.m. Please check in with the courtroom clerk by no later than 8:45 a.m. If appearing by Court Call, please call in between 8:35 and 8:45 a.m. If you decide to submit on the court's tentative decision without appearing, send an email to the court at: Cou...

Excerpt: ...pel, 11/08/2019 stolo Cases including ex parte matters will be called at 9 a.m. Please check in with the courtroom clerk by 8:45 a.m. If appearing by Court Call, please call in between 8:35 and 8:45 a.m. If you wish 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...

Excerpt: ...er, 10/16/2019 stolo Defendant Westlake Health Care Center's Motion for Restitution The court denies Westlake Health Care Center's ("WHC") motion for restitution. The Court of Appeal affirmed this court's decision and as such, the law of this case is that WHC's lease contained a subordination clause that rendered the lease subordinate to the foreclosure deed of trust. Dr. Leevil, LLC v. Westlake Health Care Center, (2017) 9 Cal. App. 5 th 450, 45...

Excerpt: ...ive ruling. The court may adopt, modify or reject the tentative ruling after considering the parties' oral arguments. The tentative 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 send a telefax to Judge Borrell's secretary, Denise Arreola, at 805‐477‐5894, stating that you submit on the tentative. A copy of the telefax must be se...

Excerpt: ...olo This case has been assigned to Judge DeNoce for all purposes. The morning calendar before Judge Kevin G. DeNoce will begin at 9 a.m. in courtroom 43. Cases including ex parte matters will not be called prior to 9 a.m. Please check in with the courtroom clerk by no later than 8:45 a.m. If appearing by Court Call, please call in between 8:35 and 8:45 a.m. If you decide to submit on the court's tentative decision without appearing, send an email...

Excerpt: ...Procedures: The law and motion calendar in Courtroom 20 before Judge Matthew P. Guasco starts promptly at 8:30 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 Courtroom20@vent...

Excerpt: ...o This case has been assigned to Judge DeNoce for all purposes. The morning calendar before Judge Kevin G. DeNoce will begin at 9 a.m. in courtroom 43. Cases including ex parte matters will not be called prior to 9 a.m. Please check in with the courtroom clerk by no later than 8:45 a.m. If appearing by Court Call, please call in between 8:35 and 8:45 a.m. If you decide to submit on the court's tentative decision without appearing, send an email t...

Excerpt: ... stolo Notice Regarding Courtroom 20 Law & Motion Procedures: The law and motion calendar in Courtroom 20 before Judge Matthew P. Guasco starts promptly at 8:30 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 s...

Excerpt: ...Other, 07/19/2019 stolo Cases including ex parte matters will be called at 9 a.m. Please check in with the courtroom clerk by 8:45 a.m. If appearing by Court Call, please call in between 8:35 and 8:45 a.m. If you wish 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...

Excerpt: ... Strike, 11/01/2019 stolo Notice Regarding Courtroom 20 Law & Motion Procedures: The law and motion calendar in Courtroom 20 before Judge Matthew P. Guasco starts promptly at 8:30 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 tentat...

Excerpt: ...tion to Transfer, 11/04/2019 stolo Tentative ruling for December 4, 2019 on Defendant OC Re‐Hab 1, LLC's Motion to Transfer Venue to Orange County, and to impose sanctions on counsel for Plaintiff Forde Biological Consultants The Court grants all requests for judicial notice. Procedural Issues Defendant OC Re‐Hab 1, LLC's ("OCR") argument that Plaintiff Forde Biological Consultants ("FBC") failed to submit any evidence in support of Plaintiff...

Excerpt: ...parte matters will be called at 9 a.m. Please check in with the courtroom clerk by 8:45 a.m. If appearing by Court Call, please call in between 8:35 and 8:45 a.m. If you wish 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 3.131...

Excerpt: ...: stolo Notice Regarding Courtroom 20 Law & Motion Procedures: The law and motion calendar in Courtroom 20 before Judge Matthew P. Guasco starts promptly at 8:30 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 ...

Excerpt: ...5/2019 stolo Notice Regarding Courtroom 20 Law & Motion Procedures: The law and motion calendar in Courtroom 20 before Judge Matthew P. Guasco starts promptly at 8:30 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 ...

Excerpt: ...is case has been assigned to Judge DeNoce for all purposes. The morning calendar before Judge Kevin G. DeNoce will begin at 9 a.m. in courtroom 43. Cases including ex parte matters will not be called prior to 9 a.m. Please check in with the courtroom clerk by no later than 8:45 a.m. If appearing by Court Call, please call in between 8:35 and 8:45 a.m. If you decide to submit on the court's tentative decision without appearing, send an email to th...

Excerpt: ...tion Procedures: The law and motion calendar in Courtroom 20 before Judge Matthew P. Guasco starts promptly at 8:30 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 Courtroom20...

Excerpt: ...f Good Faith Settlement, 02/19/2019 stolo This case has been assigned to Judge DeNoce for all purposes. The morning calendar before Judge Kevin G. DeNoce will begin at 9 a.m. in courtroom 43. Cases including ex parte matters will not be called prior to 9 a.m. Please check in with the courtroom clerk by no later than 8:45 a.m. If appearing by Court Call, please call in between 8:35 and 8:45 a.m. If you decide to submit on the court's tentative...

Excerpt: ...Regarding Courtroom 20 Law & Motion Procedures: The law and motion calendar in Courtroom 20 before Judge Matthew P. Guasco starts promptly at 8:30 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 C...

Excerpt: ... 20 Law & Motion Procedures: The law and motion calendar in Courtroom 20 before Judge Matthew P. Guasco starts promptly at 8:30 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...

Excerpt: ...een assigned to Judge DeNoce for all purposes. The morning calendar before Judge Kevin G. DeNoce will begin at 9 a.m. in courtroom 43. Cases including ex parte matters will not be called prior to 9 a.m. Please check in with the courtroom clerk by no later than 8:45 a.m. If appearing by Court Call, please call in between 8:35 and 8:45 a.m. If you decide to submit on the court's tentative decision without appearing, send an email to the court a...

Excerpt: ...udge DeNoce for all purposes. The morning calendar before Judge Kevin G. DeNoce will begin at 9 a.m. in courtroom 43. Cases including ex parte matters will not be called prior to 9 a.m. Please check in with the courtroom clerk by no later than 8:45 a.m. If appearing by Court Call, please call in between 8:35 and 8:45 a.m. If you decide to submit on the court's tentative decision without appearing, send an email to the court at: Courtroom43@ve...

Excerpt: ... assigned to Judge Bennett for all purposes. The morning calendar before Judge Jeffrey G. Bennett will begin at 9 a.m. in courtroom 21. Cases including ex parte matters will not be called prior to 9 a.m. Please check in with the courtroom clerk by no later than 8:45 a.m. If appearing by Court Call, please call in between 8:35 and 8:45 a.m. If you wish to submit on the court's tentative decision, please send an email to the court at: Courtroom...

Excerpt: ...;s tentative ruling. The court may adopt, modify or reject the tentative ruling after considering the parties' oral arguments. The tentative 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 send a telefax to Judge Borrell's secretary, Denise Arreola, at 805‐477‐5894, stating that you submit on the tentative. A copy of the t...

Excerpt: ...FILED: Motion to Compel, 02/11/2019 stolo Notice Regarding Courtroom 20 Law & Motion Procedures: The law and motion calendar in Courtroom 20 before Judge Matthew P. Guasco starts promptly at 8:30 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 subm...

Excerpt: ...assigned to Judge Bennett for all purposes. The morning calendar before Judge Jeffrey G. Bennett will begin at 9 a.m. in courtroom 21. Cases including ex parte matters will not be called prior to 9 a.m. Please check in with the courtroom clerk by no later than 8:45 a.m. If appearing by Court Call, please call in between 8:35 and 8:45 a.m. If you wish to submit on the court's tentative decision, please send an email to the court at: Courtroom2...

Excerpt: ...may adopt, modify or reject the tentative ruling after considering the parties' oral arguments. The tentative 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 send a telefax to Judge Borrell's secretary, Denise Arreola, at 805‐477‐5894, stating that you submit on the tentative. A copy of the telefax must be sent to all oppo...

Excerpt: ...04/2019 stolo This case has been assigned to Judge Bennett for all purposes. The morning calendar before Judge Jeffrey G. Bennett will begin at 9 a.m. in courtroom 21. Cases including ex parte matters will not be called prior to 9 a.m. Please check in with the courtroom clerk by no later than 8:45 a.m. If appearing by Court Call, please call in between 8:35 and 8:45 a.m. If you wish to submit on the court's tentative decision, please send an ...

Excerpt: ... Motors LLC's Demurrer to the Second Amended Complaint is OVERRULED. CCP § 430.10(e) and (f). The demurrer on the uncertainty ground is OVERRULED, as the Second Amended Complaint is not so poorly drafted Defendant GM cannot reasonably respond. See Khoury v. Maly's of Calif. (1993) 14 Cal.App.4th 612, 616. Demurrers for uncertainty are disfavored. "Demurrer for uncertainty will be sustained only where the complaint is so bad that the ...

Excerpt: ...39;s Demurrer to the First Amended Complaint The Court grants the unopposed request for judicial notice of the Plaintiff's Claim for Damages or Injury dated December 27, 2017, served upon the County, and filed as Exhibit 2 to the initial Complaint. The Court sustains, without leave to amend, the County's demurrer to the second cause of action in the First a Amended Complaint for IIED on the ground that there is no valid statutory ground a...

Excerpt: ...for all purposes. The morning calendar before Judge Jeffrey G. Bennett will begin at 9 a.m. in courtroom 21. Cases including ex parte matters will not be called prior to 9 a.m. Please check in with the courtroom clerk by no later than 8:45 a.m. If appearing by Court Call, please call in between 8:35 and 8:45 a.m. If you wish to submit on the court's tentative decision, please send an email to the court at: [email protected] st...

Excerpt: ...39;s demurrer to second amended complaint The court sustains, without leave to amend, Defendant Wells Fargo Bank's demurrer to the second cause of action (negligence) in the second amended complaint. In general, financial institutions owe no duty of care to a borrower when the institution's involvement in the loan transaction does not exceed the scope of its conventional role as a lender of money. Plaintiff has not alleged facts that woul...

Excerpt: ...Courtroom 20 Law & Motion Procedures: The law and motion calendar in Courtroom 20 before Judge Matthew P. Guasco starts promptly at 8:30 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�...

Excerpt: ..., 02/26/2019 stolo Tentative ruling for March 12, 2019 on Cross‐complainant Dwight Teske's motion to compel further responses from Ultimate Franchises, Inc. to form interrogatories, set two The court rules as follows on Cross‐complainant Dwight Teske's motion to compel further responses from Ultimate Franchises, Inc. to form interrogatories, set two. Form Interrogatory 15.1: GRANT. In support of some of the material denials, UFI state...

Excerpt: ... Bennett for all purposes. The morning calendar before Judge Jeffrey G. Bennett will begin at 9 a.m. in courtroom 21. Cases including ex parte matters will not be called prior to 9 a.m. Please check in with the courtroom clerk by no later than 8:45 a.m. If appearing by Court Call, please call in between 8:35 and 8:45 a.m. If you wish to submit on the court's tentative decision, please send an email to the court at: [email protected]....

Excerpt: ...gment is denied as is explained below. It does not dispose of the entire complaint. All requests for judicial notice are granted, although only court orders and judgments can be noticed for the truth of their contents. Plaintiff's evidentiary objections are overruled. Documents cannot be filed under seal by stipulation per CRC 2.551(a). Defendants motion for SAI as to issues 3 and 4 is deemed moot in view of plaintiff's statement in his o...

Excerpt: ...stolo Tentative ruling for March 1, 2019 on Plaintiff's Motion to Compel Enforcement of Subpoena for Business Records The Court grants Plaintiff's Motion to Compel Enforcement of Subpoena for Business Records. striking Defendant's objections to the subpoenas. because Defendants have not adequately justified their objections. However, the parties are encouraged to either narrow the scope of the subpoenas or enter into a protective orde...

Excerpt: ...o Judge DeNoce for all purposes. The morning calendar before Judge Kevin G. DeNoce will begin at 9 a.m. in courtroom 43. Cases including ex parte matters will not be called prior to 9 a.m. Please check in with the courtroom clerk by no later than 8:45 a.m. If appearing by Court Call, please call in between 8:35 and 8:45 a.m. If you decide to submit on the court's tentative decision without appearing, send an email to the court at: Courtroom43...

Excerpt: ...tion without prejudice due to failure to comply with local rule 2.04.1 requiring a request for an informal discovery conference prior to filing the instant motion. The parties are not expected to notify the Court or each other of an intention to appear on March 1, 2019. The Court acknowledges Plaintiff's notice of its intention to submit the matter without appearance pursuant to California Rules of Court, rule 3.1304, subdivision (c). ...

Excerpt: ... before Judge Kevin G. DeNoce will begin at 9 a.m. in courtroom 43. Cases including ex parte matters will not be called prior to 9 a.m. Please check in with the courtroom clerk by no later than 8:45 a.m. If appearing by Court Call, please call in between 8:35 and 8:45 a.m. If you decide to submit on the court's tentative decision without appearing, send an email to the court at: [email protected] stating that you submit on the...

Excerpt: ...ther, 01/31/2019 stolo Tentative ruling for February 27, 2019 The court rules as follows on Cross‐complainant Dwight Teske's motion to compel further responses from William Scott Griffiths to form interrogatories, set two. Form Interrogatory 15.1: GRANT. With regard to the facts supporting the denials, Teske takes issue with only one portion of the supplemental response: in support of some of the material denials, Griffiths states "[doc...

Excerpt: ...ned to Judge DeNoce for all purposes. The morning calendar before Judge Kevin G. DeNoce will begin at 9 a.m. in courtroom 43. Cases including ex parte matters will not be called prior to 9 a.m. Please check in with the courtroom clerk by no later than 8:45 a.m. If appearing by Court Call, please call in between 8:35 and 8:45 a.m. If you decide to submit on the court's tentative decision without appearing, send an email to the court at: Courtr...

Excerpt: ... stolo Tentative ruling for February 26, 2019 on Defendant Carina Vasquez's demurrer to cross‐complaint of St. Charles Imagining Center The court overrules Defendant Carina Vasquez's demurrer to cross‐complaint of St. Charles Imagining Center and orders Carina Vasquez to file an answer within 10 days. Demurrer is only appropriate where the grounds for objection appear on the face of the complaint or from any matter of which the court ...

Excerpt: .... The morning calendar before Judge Kevin G. DeNoce will begin at 9 a.m. in courtroom 43. Cases including ex parte matters will not be called prior to 9 a.m. Please check in with the courtroom clerk by no later than 8:45 a.m. If appearing by Court Call, please call in between 8:35 and 8:45 a.m. If you decide to submit on the court's tentative decision without appearing, send an email to the court at: [email protected] stating ...

Excerpt: ...Notice Regarding Courtroom 20 Law & Motion Procedures: The law and motion calendar in Courtroom 20 before Judge Matthew P. Guasco starts promptly at 8:30 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 notif...

Excerpt: ...rposes. The morning calendar before Judge Jeffrey G. Bennett will begin at 9 a.m. in courtroom 21. Cases including ex parte matters will not be called prior to 9 a.m. Please check in with the courtroom clerk by no later than 8:45 a.m. If appearing by Court Call, please call in between 8:35 and 8:45 a.m. If you wish to submit on the court's tentative decision, please send an email to the court at: [email protected] stating that...

Excerpt: ...LED: stolo The court intends to deny the motion with respect to the documents to be produced at the deposition of Petitioner Jeffrey Loebl. None of the documents requested bear any relation to the issues in dispute in this action concerning the conduct of Michael McQueen. The court is not persuaded by Mr. McQueen's argument that the documents in question would be probative of "unclean hands" or estoppel. The trust funds expended on Ms...

Excerpt: ...1/2019 stolo The following is a statement of the court's tentative ruling. The court may adopt, modify or reject the tentative ruling after considering the parties' oral arguments. The tentative 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 send a telefax to Judge Borrell's secretary, Denise Arreola, at 805‐477‐5894,...

Excerpt: ...ILED: Motion to Compel, 01/11/2019 stolo This case has been assigned to Judge Bennett for all purposes. The morning calendar before Judge Jeffrey G. Bennett will begin at 9 a.m. in courtroom 21. Cases including ex parte matters will not be called prior to 9 a.m. Please check in with the courtroom clerk by no later than 8:45 a.m. If appearing by Court Call, please call in between 8:35 and 8:45 a.m. If you wish to submit on the court's tentativ...

Excerpt: ...dge Bennett for all purposes. The morning calendar before Judge Jeffrey G. Bennett will begin at 9 a.m. in courtroom 21. Cases including ex parte matters will not be called prior to 9 a.m. Please check in with the courtroom clerk by no later than 8:45 a.m. If appearing by Court Call, please call in between 8:35 and 8:45 a.m. If you wish to submit on the court's tentative decision, please send an email to the court at: [email protected]...

Excerpt: ...ett for all purposes. The morning calendar before Judge Jeffrey G. Bennett will begin at 9 a.m. in courtroom 21. Cases including ex parte matters will not be called prior to 9 a.m. Please check in with the courtroom clerk by no later than 8:45 a.m. If appearing by Court Call, please call in between 8:35 and 8:45 a.m. If you wish to submit on the court's tentative decision, please send an email to the court at: [email protected]...

Excerpt: ...fendant Helena Horak's motion for summary judgment. Motion denied. The declaration of Dr. Vilke satisfies Horak's burden as to both standard of care, and causation. The declaration of DFr. Goldwebber, as submitted by the plaintiff, is sufficient to establish triable issues of fact as to both of those elements. There is some confusion in the physician's notes which Dr. Goldwebber highlights. At 12:03 there is a note stating that sympto...

Excerpt: ...endants Westlake Village Property, L.P. ("Westlake LP"), Mid‐Wilshire Property, L.P. ("Mid‐Wilshire LP"), Westlake Healthcare Center ("Westlake Corp."), Il Hie Lee, and Jeoung Lees' Motion for Judgment on the Pleadings The court grants the requests of both parties to judicially notice the Ventura and Orange County Court records submitted with the motion and opposition. (Evid. Code §452(d).) The court grants Defend...

Excerpt: ...r by State of California acting through CHP The court sustains, with leave to amend, the demurrer of the State of California acting by and through the California Highway Patrol and Officer S. Allen. The court judicially notices the complaint Plaintiffs filed in this court (Valadez v. Sails Group, Inc. (56‐2018‐514390) and the allegations therein that Andres Rodriguez (the decedent) "escaped" from a group home for developmentally disab...

Excerpt: .../25/2019 stolo This case has been assigned to Judge DeNoce for all purposes. The morning calendar before Judge Kevin G. DeNoce will begin at 9 a.m. in courtroom 43. Cases including ex parte matters will not be called prior to 9 a.m. Please check in with the courtroom clerk by no later than 8:45 a.m. If appearing by Court Call, please call in between 8:35 and 8:45 a.m. If you decide to submit on the court's tentative decision without appearing...

Excerpt: ...ing for February 22, 2019 on Defendants FBK Associates, LLC and FBK Associates' motion to quash service of summons The court grants Defendants FBK Associates, LLC and FBK Associates' motion to quash service of summons. Plaintiff failed to demonstrate by a preponderance of admissible evidence that the corporate defendants have the necessary minimum contacts with California to support specific jurisdiction. Any prior negotiations on behalf ...

Excerpt: ...urposes. The morning calendar before Judge Kevin G. DeNoce will begin at 9 a.m. in courtroom 43. Cases including ex parte matters will not be called prior to 9 a.m. Please check in with the courtroom clerk by no later than 8:45 a.m. If appearing by Court Call, please call in between 8:35 and 8:45 a.m. If you decide to submit on the court's tentative decision without appearing, send an email to the court at: [email protected] s...

Excerpt: ...or Right to Attach Order, Temporary Protective Order, Etc., 12/10/2018 stolo This case has been assigned to Judge Bennett for all purposes. The morning calendar before Judge Jeffrey G. Bennett will begin at 9 a.m. in courtroom 21. Cases including ex parte matters will not be called prior to 9 a.m. Please check in with the courtroom clerk by no later than 8:45 a.m. If appearing by Court Call, please call in between 8:35 and 8:45 a.m. If you wish t...

Excerpt: ... before Judge Kevin G. DeNoce will begin at 9 a.m. in courtroom 43. Cases including ex parte matters will not be called prior to 9 a.m. Please check in with the courtroom clerk by no later than 8:45 a.m. If appearing by Court Call, please call in between 8:35 and 8:45 a.m. If you decide to submit on the court's tentative decision without appearing, send an email to the court at: [email protected] stating that you submit on the...

Excerpt: ...Notice Regarding Courtroom 20 Law & Motion Procedures: The law and motion calendar in Courtroom 20 before Judge Matthew P. Guasco starts promptly at 8:30 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 notif...

Excerpt: ...y issues only, on Defendants Ventura County Sheriff's Office's and the County of Ventura's Motion for Summary Judgment or Summary Adjudication of Plaintiffs Donald Aguilar's and Melissa Smith's Complaint The Court notes that for the purposes of this Tentative Ruling only and for ease of reference, all references to the ranks of individuals in the Ventura County Sheriff's Office ("VCSO") are to the ranks held at the...

Excerpt: ...ive ruling. The court may adopt, modify or reject the tentative ruling after considering the parties' oral arguments. The tentative 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 send a telefax to Judge Borrell's secretary, Denise Arreola, at 805‐477‐5894, stating that you submit on the tentative. A copy of the telefax mu...

Excerpt: ...el, 01/30/2019 stolo Notice Regarding Courtroom 20 Law & Motion Procedures: The law and motion calendar in Courtroom 20 before Judge Matthew P. Guasco starts promptly at 8:30 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 d...

Excerpt: ...otion ‐ Other, 01/18/2019 stolo This case has been assigned to Judge DeNoce for all purposes. The morning calendar before Judge Kevin G. DeNoce will begin at 9 a.m. in courtroom 43. Cases including ex parte matters will not be called prior to 9 a.m. Please check in with the courtroom clerk by no later than 8:45 a.m. If appearing by Court Call, please call in between 8:35 and 8:45 a.m. If you wish to submit on the court's tentative decision,...

Excerpt: ...9 ON DEMURRER & MOTION TO STRIKE BY DEFENDANTs BDG & GILBERT TO SECOND AMENDED COMPLAINT The court grants Defendants' request for judicial notice of the Court's file. The Court sustains, without leave to amend, the demurrer of Defendants BDG and Gilbert to cause of action 4 (fraud) in the Second Amended complaint on the ground of insufficient facts. The conclusory verbage intended to convert breach of contract to fraud is insufficient. (T...

Excerpt: ...to Disqualify Attorney of Record, 11/20/2018 stolo This case has been assigned to Judge DeNoce for all purposes. The morning calendar before Judge Kevin G. DeNoce will begin at 9 a.m. in courtroom 43. Cases including ex parte matters will not be called prior to 9 a.m. Please check in with the courtroom clerk by no later than 8:45 a.m. If appearing by Court Call, please call in between 8:35 and 8:45 a.m. If you wish to submit on the court's te...

Excerpt: ...Procedures: The law and motion calendar in Courtroom 20 before Judge Matthew P. Guasco starts promptly at 8:30 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 Courtroom20@vent...

Excerpt: ... law and motion calendar in Courtroom 20 before Judge Matthew P. Guasco starts promptly at 8:30 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]...

Excerpt: ...y 11, 2019 ON DEFENDANT INTERINSURANCE EXCHANGE OF THE AUTOMOBILE CLUB'S DEMURRER AND MOTION TO STRIKE The court sustains Defendant Interinsurance Exchange's demurrer to cause of action 2 (breach of covenant of good faith and fair dealing). The law allows the Defendant to seek reimbursement for med pay payments made to Plaintiff after taking into account a pro rata share of the attorney fees that Plaintiff incurred in seeking recovery fro...

Excerpt: ...oce for all purposes. The morning calendar before Judge Kevin G. DeNoce will begin at 9 a.m. in courtroom 43. Cases including ex parte matters will not be called prior to 9 a.m. Please check in with the courtroom clerk by no later than 8:45 a.m. If appearing by Court Call, please call in between 8:35 and 8:45 a.m. If you wish to submit on the court's tentative decision, please send an email to the court at: [email protected] s...

Excerpt: .../or Adjudication, 11/01/2018 stolo Notice Regarding Courtroom 20 Law & Motion Procedures: The law and motion calendar in Courtroom 20 before Judge Matthew P. Guasco starts promptly at 8:30 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 t...

Excerpt: ...ge DeNoce for all purposes. The morning calendar before Judge Kevin G. DeNoce will begin at 9 a.m. in courtroom 43. Cases including ex parte matters will not be called prior to 9 a.m. Please check in with the courtroom clerk by no later than 8:45 a.m. If appearing by Court Call, please call in between 8:35 and 8:45 a.m. If you wish to submit on the court's tentative decision, please send an email to the court at: [email protected]...

Excerpt: ...purposes. The morning calendar before Judge Jeffrey G. Bennett will begin at 9 a.m. in courtroom 21. Cases including ex parte matters will not be called prior to 9 a.m. Please check in with the courtroom clerk by no later than 8:45 a.m. If appearing by Court Call, please call in between 8:35 and 8:45 a.m. If you wish to submit on the court's tentative decision, please send an email to the court at: [email protected] stating th...

Excerpt: ...: Motion to Compel, 01/08/2019 stolo The Court intends to rule as follows: The court denies the motion with respect to request for admission ("RFA") 14. Respondent McQueen asks Petitioners to admit that the 2008 and 2009 contingency fee agreements are identical. The documents are clearly not identical, as they bear different signatures. The RFA is poorly phrased. The court grants the motion with respect to RFA 15 and 16. Petitioners are c...

Excerpt: ...and motion calendar in Courtroom 20 before Judge Matthew P. Guasco starts promptly at 8:30 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...

Excerpt: ...mela Williams to FAC The court sustains, with leave to amend, Defendant Pamela Williams' demurrer as to the indemnity cause of action in the first amended complaint ("FAC"). Plaintiff has conflated equitable and express indemnification in the title to the cause of action despite the fact that these are two distinct forms or relief. (See Prince v. Pacific Gas & Electric Co. (2009) 45 Cal.4th 1151, 1157.) Then, in the body of the third ...

Excerpt: ...s tentative ruling. The court may adopt, modify or reject the tentative ruling after considering the parties' oral arguments. The tentative 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 send a telefax to Judge Borrell's secretary, Denise Arreola, at 805‐477‐5894, stating that you submit on the tentative. A copy of the te...

Excerpt: ...lendar in Courtroom 20 before Judge Matthew P. Guasco starts promptly at 8:30 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 J...

Excerpt: ...08/2019 stolo Notice Regarding Courtroom 20 Law & Motion Procedures: The law and motion calendar in Courtroom 20 before Judge Matthew P. Guasco starts promptly at 8:30 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...

Excerpt: ... Defendants Westlake Village Property, L.P. ("Westlake LP"), Mid‐Wilshire Property, L.P. ("Mid‐Wilshire LP"), Westlake Healthcare Center ("Westlake Corp."), Il Hie Lee, and Jeoung Lees' Motion to Compel Further Responses The court notes that only the 14th cause of action for declaratory relief remains. In the prayer to that cause of action, Plaintiff seeks a judicial declaration as to the propriety of the late char...

Excerpt: ... calendar in Courtroom 20 before Judge Matthew P. Guasco starts promptly at 8:30 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...

Excerpt: ...oses. The morning calendar before Judge Kevin G. DeNoce will begin at 9 a.m. in courtroom 43. Cases including ex parte matters will not be called prior to 9 a.m. Please check in with the courtroom clerk by no later than 8:45 a.m. If appearing by Court Call, please call in between 8:35 and 8:45 a.m. If you wish to submit on the court's tentative decision, please send an email to the court at: [email protected] stating that you ...

Excerpt: ...ILED: Motion ‐ Other, 12/19/2018 stolo This case has been assigned to Judge Bennett for all purposes. The morning calendar before Judge Jeffrey G. Bennett will begin at 9 a.m. in courtroom 21. Cases including ex parte matters will not be called prior to 9 a.m. Please check in with the courtroom clerk by no later than 8:45 a.m. If appearing by Court Call, please call in between 8:35 and 8:45 a.m. If you wish to submit on the court's tentativ...