Excerpt: ...ion, 09/05/2019 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 ...

Excerpt: ...Demurrer and Motion to Strike Defendant Osep E. Armagan's demurrer for uncertainty is OVERRULED. There are no uncertainties in the First Amended Complaint that cannot be clarified through modern discovery procedures. (Khoury v. Maly's of California, Inc. (1993) 14 Cal.App.4th 612, 616.) Although the notice of demurrer indicates that the demurrer is directed at all causes of action in the FAC, the demurrer itself lists only the second cause of act...

Excerpt: ...urtroom 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: ...garding 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 Cou...

Excerpt: ... 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 submit...

Excerpt: ...November 13, 2019 on Defendant Ventura Unified School District's demurrer and motion to strike first amended complaint The court sustains Defendant Ventura Unified School District's demurrer to the 6th cause of action in the first amended complaint (FAC) without leave to amend based upon plaintiffs' notice of non‐opposition. The court grants Defendant's motion to strike in part and denies the motion to strike in part. The uncontested portion of...

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 opposing par...

Excerpt: ...ion for Leave to File Cross Complaint, 10/15/2019 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...

Excerpt: ...vember 13, 2019 on Plaintiffs/Judgment Creditors JDP 21 California, LLC, EC 101 Chestnut, LLC and California Gusher No. 83, LLC's Motion to Amend Judgment Plaintiffs/Judgment Creditors JDP 21 California, LLC, EC 101 Chestnut, LLC and California Gusher No. 83, LLC's Motion to Amend Judgment is GRANTED. For good cause shown, relief is proper per CCP § 187. There are numerous factors which may support a finding of unity of interest and ownership. I...

Excerpt: ...ters 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 3.1312 subdivi...

Excerpt: ...� Other, 09/30/2019 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: ...Hearing on Right to Attach Order/Writ of Attachment, 10/17/2019 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 t...

Excerpt: ...Writ of Attachment, 10/15/2019 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�...

Excerpt: ...llowing 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 submit on the...

Excerpt: ...on ‐ Other, 10/04/2019 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�...

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: ...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 so...

Excerpt: ...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@ventu...

Excerpt: ...ve 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 sen...

Excerpt: ...emurrer, 09/25/2019 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: ... 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 submit on the tentative...

Excerpt: ... 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 3.1312 sub...

Excerpt: ...d 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: ...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 that you s...

Excerpt: ... 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 Courtroo...

Excerpt: ...ent, 07/22/2019 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 ...

Excerpt: ...MENT/DATE FILED: Demurrer, 09/13/2019 stolo The Court intends to rule as follows; People of the State of California, acting by and through, the Department of Transportation's Demurrer to the Plaintiffs' Complaint is SUSTAINED WITH LEAVE TO AMEND. CCP § 430.10(e). Demurrers for uncertainty are disfavored and should only be sustained where the complaint is so bad that the demurring defendant cannot reasonably respond thereto. (See, e.g., Khoury v....

Excerpt: ...led 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), ...

Excerpt: ...e 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: [email protected]...

Excerpt: ...n 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@ve...

Excerpt: ...ber 7, 2019 on Defendant's Motion for Summary Adjudication The court denies Defendant's Motion for Summary Adjudication. All evidentiary objections filed by both sides are denied. For purposes of this motion only: UMF Nos. 2‐9, 11‐21, 25‐27, 35‐39, 42‐46, 48‐52, and 54 are undisputed and established. UMF No. 1 is disputed and established. UMF Nos. 10, 22‐24, 28‐34, 40, 41, 47, and 53 are disputed and not established. "...

Excerpt: ...g for October 7, 2019 on Defendant Lantana Associates, LLC's (1) Demurrer to the Second Amended Complaint; and (2) Motion to Strike Portions of the Second Amended Complaint Defendant Lanatana Associates, LLC's Demurrer to the Second Amended Complaint (SAC) Sustain the demurrer as to Plaintiffs Onesimo Cruz, William Cruz, Melany Cruz, Abraham Cruz and Maria Casilla's first cause of action for breach of contract, which fails to allege f...

Excerpt: ...stolo Tentative ruling for October 4, 2019 on Defendant Conejo Valley Unified School District's Motion for Summary Judgment or Summary Adjudication The court denies Defendant Conejo Valley Unified School District's Motion for Summary Judgment. The court grants, in part, Defendant Conejo Valley Unified School District's Motion for Summary Adjudication. Plaintiff's misleadingly labeled first cause of action confusingly combines alle...

Excerpt: ...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...

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: ...ng 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 submit on the t...

Excerpt: ...ends to continue this matter for a supplemental declaration. A separate declaration must accompany the motion which specifies:(1) the effect of the amendment, (2) why the amendment is necessary and proper, (3) when the facts giving rise to the amended allegations were discovered, and (4) the reasons why the request for amendment was not made earlier. (Cal. Rule of Court, Rule 3.1324, subd. (b).) Here, the declaration of Book does not states the r...

Excerpt: ... 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 Co...

Excerpt: ...to Grant the motion for summary judgment. Under the circumstances established, defendant Margus Limited owed no duty to the decedent. All of plaintiffs' evidentiary objections are overruled. All of defendant Margus's evidentiary objections except numbers 5, 6 and 8 are sustained. For purposes of this motion only the court finds: UMFs 1, 3, 4, 6, 8, 10, 13, 14, 15, 21, 22 and 23 are undisputed. UMFs 2, 5, 9, 11, 16, 17, 18, 19 and 20 are d...

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: ...murrer as to claims by Petitioner for a CCP 1085 writ: sustain w/o leave to amend. There is nothing pled in the petition nor anything raised in the opposition that suggests that Petitioner is entitled to CCP 1085 relief. See Gong v. City of Fremont (1967) 250 Cal. App. 2d 568, 572. Demurrer as to claims by Petitioner for a CCP 1094.5 writ: sustain w/ leave to amend. The Petition is devoid of facts to support the conclusory claims by Petitioner th...

Excerpt: ...ourtroom 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: ...s: 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: ...olo Tentative ruling for the January 28, 2019 Hearing on Order to Show Cause Re: Sale of Dwelling The Court vacates its December 12, 2018 Order to Show Cause re: sale of the subject dwelling, on the ground that Plaintiff Pacific Pointe at Park Row Association's ("Association") application for issuance of the OSC failed to fully comply with the requirements of Code of Civil Procedure §704.760, which sets forth the requirements for an ...

Excerpt: ...tion 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 fa...

Excerpt: ... Court intends to rule as follows: Grant motion to strike as to paragraph 20 of the first amended complaint and the prayer for relief concerning punitive damages and attorney's fees. Plaintiff has pled nothing more than a dispute between adjoining landowners concerning the extent to which either may improve the non‐exclusive easement for ingress and egress. Such a dispute does not comport with malice or oppression necessary pursuant to CC 3...

Excerpt: .../or Adjudication, 11/13/2018 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 tentative decision...

Excerpt: ..., 12/21/2018 stolo The Court intends to rule as follows: Yolanda's motion for post‐judgment costs is DENIED, without prejudice to its ability to file a code‐compliant memorandum of costs pursuant to the procedure in CCP section 685.070, subd. (b). Yolanda's motion for attorney fees against KGCRE is DENIED. Yolanda's motion for attorney fees against Rocklin is GRANTED IN PART in the amount of $186,521.30. This figure is based on th...

Excerpt: ... 11/29/2018 stolo The Court intends to rule as follows: Defendant's motion to compel further responses to RPD Nos. 1‐2 and 4‐6 is DENIED. Defendant's motion to compel further responses to RFA Nos. 2‐4 and 11‐12 is DENIED. Defendant's motion to compel further responses to FI No. 17.1 is GRANTED IN PART as to FI No. 17.1(b) as to RFA Nos. 1‐4 and FI No. 17.1(d) as to RFA Nos. 1‐ 12, and DENIED IN PART as to FI No. 17.1(b) as...

Excerpt: ...e 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] sta...

Excerpt: ...tion ‐ Other, 12/28/2018 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 the...

Excerpt: ... the Pleadings, 11/16/2018 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 the...

Excerpt: ...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] stati...

Excerpt: ...tolo 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, please send an email to the ...

Excerpt: ...Protective Order, 01/07/2019 stolo The Court intends to Deny Plaintiff's request for protective order and interpreter. Plaintiff presented no legal authority that would require Defendants to pay for an interpreter at Plaintiff's deposition even if Plaintiff had language issues. The Court intends to Deny Defendant's request for monetary sanctions as Defendant failed to identify who the sanctions were sought against. Analysis: Evidence ...

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 wish to submit on the court's tentative decision, please send an email to the court a...

Excerpt: ...m 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 a...

Excerpt: ... 12/18/2018 stolo Tentative ruling for January 16, 2019 on Defendant Wells Fargo Bank's demurrer and motion to strike The court grants Wells Fargo's request for judicial notice. The court sustains, with leave to amend, Defendant Wells Fargo Bank's demurrer to second cause of action of the First amended Complaint. "Damages" is not a cause of action. The second cause of action contains loose allegations which support neither a n...

Excerpt: ...olo Tentative ruling for January 15, 2018 on Defendants/Cross‐Complainants Kelly Frederick's and Timothy Athens' Motion to Compel Plaintiff/Cross‐Defendant TriCoast Builders, Inc. to Respond to Requests for Production In Notice of Deposition The court denies Defendants/Cross‐ Complainants Kelly Frederick's and Timothy Athens' request for an order compelling Plaintiff/Cross‐ Defendant TriCoast Builders, Inc. to provide a re...

Excerpt: ...tion ‐ Other, 12/14/2018 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, ...

Excerpt: ...ollows: Defendants' motion to compel arbitration is GRANTED IN PART as to the first cause of action for elder abuse and neglect, and DENIED IN PART as to the second cause of action for wrongful death. The scope of both the Arbitration Agreements applies to controversies arising from Decedent's "stay at the Community," and "Community" is defined in the Residency Agreement, which contains the 2016 Arbitration Agreement, as t...

Excerpt: ... to Quash, 08/14/2018 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 the tent...

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 wish to submit on the court's tentative decision, please send an email to the court at: [email protected] stating that you submit...

Excerpt: ...ion for Hearing on Right to Attach Order/Writ of Attachment, 11/01/2018 stolo The Court intends to rule as follows: Deny application for right to attach order. A claim is one upon which an attachment may issue if it is: 1) a claim for money based upon a contract, express or implied"; 2) of a "fixed or readily ascertainable amount not less than $500"; 3) that is either unsecured or secured by personal property, not real property (inclu...

Excerpt: ...E FILED: Motion for Summary Judgment and/or Adjudication, 09/19/2018 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 ...

Excerpt: ...ocedures: 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@ventur...

Excerpt: ...#39;s and Youliny Cha's request for judicial notice in its entirety. Sustain, with leave to amend, Defendants' demurrer to the first cause of action for breach of contract, second cause of action for breach of implied warranty of habitability, third cause of action for violation of Civil Code §1942.4, sixth cause of action for retaliatory eviction, and seventh cause of action for violation of Civil Code §1942.4 as asserted by Plaintiffs...

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 telef...

Excerpt: ...rposes. 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 yo...

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 wish to submit on the court's tentative decision, please send an email to the court at: [email protected] stating that you submit on the tentative, an...

Excerpt: ... to Defendant's evidentiary objections: Woloshin decl.: O/R paragraphs 5 & 8 – not material; Rosenbach decl.: O/R as to paragraphs 3‐9 – not material (but would have been sustained if they were); James' decl.: O/R – Defendant is presenting 'argument' not an evidentiary objection; The Court intends to Deny Defendant LQ Management, LLC's motion for summary judgment: D failed to set forth material undisputed facts which d...

Excerpt: ...18 stolo The Court intends to rule as follows: Defendants' motion to bifurcate the issue of liability for punitive damages from the issue of the amount of punitive damages, and to preclude admission of evidence of Defendant's profits or financial condition to prove the amount of punitive damages in the first phase of the trial, is GRANTED. (See Civ. Code, § 3295(d).) This order does not prevent Plaintiff from introducing financial‐rela...

Excerpt: ...e 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 submit o...

Excerpt: ... Compel, 09/28/2018 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�...

Excerpt: ...ng Sanctions, 12/03/2018 stolo The Court intends to rule as follows: Deny FCA US LLC's motion. Its sole complaint is that plaintiff and her attorney failed to pay the sanctions awarded in its September 5, 2018 ruling. That does not warrant the granting of terminating sanctions or an order awarding FCA US LLC's request for additional monetary sanctions. The original award remains in effect. "An order imposing monetary sanctions may be ...

Excerpt: ...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, please send an email to the court...

Excerpt: ...l 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] stating tha...

Excerpt: ...he 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: ...poses. 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: ...5/2018 stolo Deny MSJ and MSA. When Micheal Rudney was transferred from Defendant Simi Valley Care Center to Simi Valley Hospital, SVCC (and its director, defendant Dr. Lauritzen) admit that they did not maintain a bed for Mr. Rudney. Defenddants concede that they violated the seven‐day bed hold that is afforded to patients at skilled nursing facilities. (UMF 10). Defendants cite no law that would allow them to discharge Rudney simply because o...

Excerpt: .../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 the tentative decision m...

Excerpt: ...ntiff seeking an award of attorney fees from a defaulting defendant must request those fees at the time the plaintiff requests entry of default judgment. Post judgment motions for attorney's fees in default cases are not permitted. Plaintiff did not include a request for attorney's fees in her default paperwork as required by Rule 3.1800(a)(9). While the default judgment was briefly set aside, it was reinstated on 7/5/18. Discussion: Atto...

Excerpt: ...ative 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 ...

Excerpt: ... Compel, 07/23/2018 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 the tentat...

Excerpt: ...eNoce 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: ...ATE FILED: Motion ‐ Other, 08/20/2018 stolo Tentative ruling for September 14, 2018 on Defendant Solomon Aflalo's Motion for Leave to File Cross‐Complaint Recommendation: Deny motion. This case has proceeded to final judgment. Grant plaintiff's request for judicial notice. The Court grants plaintiff's request for judicial notice. Evidence Code §§ 452(d) and (h). Judicial notice is taken of plaintiff's Exhibits A – JJ. Defe...

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 telef...

Excerpt: ...8/15/2018 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 805‐477‐58...

Excerpt: ...: 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: ...grant Defendants' unopposed request for judicial notice of the dockets in both cases. The Court also intends to grant Plaintiff's unopposed request for judicial notice of the motions and orders contained in the file (e.g., motions and limine and corresponding oppositions, as well the Court's Order regarding the same). The Court denies Defendants' Motions except as conceded by Plaintiff; accordingly the Court strikes items 34‐37 ...

Excerpt: ... & 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 Courtr...

Excerpt: ...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: ...ptember 12, 2018 on Anti‐Slapp motion by Defendant Dr. Voorman Defendant Dr. Voorman's motion to strike pursuant to CCP 425.16 is granted. Defendant is entitled to attorney fees and costs totaling $3095. An Anti‐SLAPP motion poses two questions. First, the court decides whether the defendant has made a threshold showing that the challenged cause of action is one "arising from" protected activity. (§ 425.16, subd. (b)(1).) If the ...

Excerpt: ...ptember 12, 2018 on Anti‐Slapp motion by Defendant Dr. Chronis Defendant Dr. Chronis's motion to strike pursuant to CCP 425.16 is granted. Defendant is entitled to attorney fees and costs totaling $3095. An Anti‐SLAPP motion poses two questions. First, the court decides whether the defendant has made a threshold showing that the challenged cause of action is one "arising from" protected activity. (§ 425.16, subd. (b)(1).) If the ...

Excerpt: .../21/2018 stolo Tentative ruling for September 12, 2018 on Anti‐Slapp motion by Defendant Dr. Cole Defendant Dr. Cole's motion to strike pursuant to CCP 425.16 is granted. An Anti‐SLAPP motion poses two questions. First, the court decides whether the defendant has made a threshold showing that the challenged cause of action is one "arising from" protected activity. (§ 425.16, subd. (b)(1).) If the court finds such a showing has be...

Excerpt: ...o 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 th...

Excerpt: ...f Sierra ("Bank") filed this motion on June 29, 2018. On July 5, 2018, Plaintiff Laurie Ann Humberd faxed supplemental responses to some of the discovery at issue in this motion. Bank wants the court to strike Ms. Humberd's declaration containing those supplemental responses. The court declines to do so, and the court will consider the sufficiency of Ms. Humberd's supplemental responses in evaluating this motion; to do otherwise w...

Excerpt: ...rer by Harrod Trucking Inc., Gary Harrod and Scott Harrod Judicial Notice Requests Defendant requests judicial notice of the company's by‐laws, arguing that Plaintiff has conceded their existence by referencing them in his FAC at ¶13. However, the provision that Defendant relies upon in his demurrer concerning waiver of financial reports (Article VII, Section 2) is not referenced in the FAC. The court declines to take judicial notice of th...

Excerpt: ...fter the current motions were filed, Plaintiff appears to have provided supplemental response to several of the discovery matters addressed in the motions. However, special interrogatory nos. 26‐27, request for production no. 13 and all of the requests for admissions addressed in the original motion remain at issue. The Court Grants FCA's motion to compel further response to Special Interrogatory no. 26. If the plaintiff cannot express the ...

Excerpt: ...edures: 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@ventura....