Excerpt: ... the notice of stay filed by the County on 2‐27‐18 reflects that the Fishbacks did not list the County as a creditor in their bankruptcy petition. The Trustee did not move to make this an 'asset' of the bankrupt estate. The Court accepts exhibit T attached to Ceccon declaration filed 8‐20‐18 as proof that the County agreed in writing not to raise the 5 year time limit to bring a case to trial as a defense against the Fishback firs...

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: ... 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: ...1/2018 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 ...

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: ...Gabriella Ambriz, there is a procedure in place for a refund from the sale proceeds of the subject property. Discussion: Plaintiff seeks a refund of the legally required deposit made per CCP § 685.100 based on the court's May 7, 2018 order waiving fees associated with the costs of publication. According to the Declaration of Gabriella Ambriz, the Clerical Supervisor for the Ventura County Sheriff's Office, Civil Division, the Sheriff'...

Excerpt: ...st 24, 2018 on Defendant Call Me Van Line, Inc.'s Motion for Reconsideration of the Court's July 27, 2018 Rulings Deny Defendant Call Me Van Line, Inc.'s ("Call Me") request pursuant to Code of Civil Procedure §1008 for reconsideration of the Court's July 27, 2018 discovery rulings, on the ground that Call Me fails to identify any "new or different facts, circumstances, or law" which would justify reconsideration....

Excerpt: ...t, 07/18/2018 stolo The Court intends to rule as follows: Overrule the County's objections. GRANT the motion to determine the good faith settlement. Discussion: Any party to an action in which it is alleged that two or more parties are joint tortfeasors or co‐obligors on a contract debt shall be entitled to a hearing on the issue of the good faith of a settlement entered into by the plaintiff or other claimant and one or more alleged tortfe...

Excerpt: ...complaint, with leave to amend. (CCP §§ 430.10(e), (f).) The first cause of action for defamation. The language of the alleged comments and their context support the conclusion that they were statements of opinion. Plaintiff fails to allege facts supporting a false statement of fact, which is one of the key elements of this cause of action. (See Baker v. Los Angeles Herald Examiner, 42 Cal.3d 254, 259 (1986), citing Letter Carriers v. Austin, 4...

Excerpt: ...on to Compel, 06/20/2018 stolo The Court intends to rule as follows: GRANT. Strike all plaintiff's objections to the form interrogatories for failing to meet her burden of justifying them in her opposition. Should this result in the need to alter her responses to form interrogatories‐general 2.12, 2.13, 6.6, 9.1, 9.2, 10.3, 12.2, 12.3, 12.4, 13.1, 13.2, 50.3, 50.4, 50.5, 50.6 and form interrogatories‐employment 210.1, 210.5, 210.6, 212.1,...

Excerpt: ... Adjudication, 05/30/2018 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, p...

Excerpt: ...uling. 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...

Excerpt: ...n ‐ Other, 05/02/2018 stolo The Court intends to rule as follows: As to Moving Party's request for judicial notice of the Court file: Grant. The Court intends to Deny Defendant's motion to stay action or for an injunction as to discovery. Defendant made no evidentiary showing concerning any pending discovery served by Plaintiff in this matter and thus, Defendant presented no evidence that such discovery would somehow 'impede' th...

Excerpt: ...ames Shaw and Linda Levine's motion for summary judgment. Evidentiary Issues For purposes of this motion only: Proposed UMFs 1, 4‐7, 9‐12 and 20 are undisputed. Proposed UMFs 2, 3, 13‐17 and 19 are disputed but nonetheless established. Proposed UMFs 8 and 18 are disputed but not established by the evidence cited to by defendants. Defendants' evidentiary objections are sustained. To the extent they are offered for the truth of statem...

Excerpt: ... motion for fees and costs is denied. The Court finds that the anti‐SLAPP motion was not frivolous, or solely intended to cause unnecessary delay. Although ultimately unsuccessful, Defendant's motion was supported by legal argument and citations to legal authority. The fact that this Court and the Court of Appeals subsequently disagreed with Defendants' arguments and distinguished this case from Hailstone does not demonstrate that the m...

Excerpt: ...r August 21, 2018 on Defendants' demurrer to fourth amended complaint Grant defendants' unopposed request for judicial notice. Overrule Defendants' demurrer to cause of action 6 (breach of fiduciary duty) in the fourth amended complaint . Defendants' demurrer was limited to the argument that plaintiff had not alleged facts supporting a finding of fiduciary duty. However, the facts alleged will support the application of the trust ...

Excerpt: ...e 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: ...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 Courtroom...

Excerpt: ..., 2018 on Defendants Evelyn, Laurie, Marie, and Michael Lundin's Motion for Judgment on the Pleadings on Plaintiffs Bodo and Deborah Meschkat's Complaint The court grants Defendants Evelyn, Laurie, Marie, and Michael Lundin's request for judicial notice in its entirety. The court denies Defendants' request for judgment on the pleading on Plaintiffs Bodo and Deborah Meschkat's Complaint. First, Defendants' argument that the...

Excerpt: ...2018 stolo Tentative ruling for August 15, 2018 on Defendants Kevin and Mary Cox's Motion for Sanctions Pursuant to Code of Civil Procedure §128.7 against Plaintiff Ronald and his Attorney of Record Matt Bromund Deny Defendants Kevin and Mary Cox's request for an award of sanctions pursuant to Code of Civil Procedure §128.7 against Plaintiff Ronald Otto and his attorney of record. First, the motion fails to make clear what specific plea...

Excerpt: ... 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 Judge Gu...

Excerpt: ...ion for Judgment on the Pleadings, 07/05/2018 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 wishi...

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: ...fendant's motion to strike prayer for punitive damages The court DENIES Defendant's motion to strike the prayer for punitive damages from the complaint. Plaintiff has alleged facts that, if proven at trial, would constitute malice under Civil Code §3294(c)(1). While defendant may dispute those facts, a motion to strike is not the proper place to do so. See CCP §437. The grounds for a motion to strike must appear on the face of the plead...

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

Excerpt: ... 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 ten...

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: ... 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 at: [email protected]...

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: ...; Motion to Dismiss for Lack of Subject Matter Jurisdiction The court DENIES Defendants Systems Application & Technologies, Inc. and Cardinal Point Captains, Inc.'s Motion to Dismiss for Lack of Subject Matter Jurisdiction. Evidentiary Issues Plaintiffs' request for judicial notice is GRANTED IN PART. Evidence Code § 452(d). Judicial notice is taken of Judge Real's order granting plaintiff's motion to remand, defendant's moti...

Excerpt: ... on Defendant California FAIR Plan Association's Motion for Summary Judgment, or in the alternative Summary Adjudication Evidentiary Issues The Court grants Defendant California FAIR Plan Association's unopposed request for judicial notice of the underlying Complaint. Evid. Code §452. The Court overrules Defendant's evidentiary objections to the declaration of Plaintiffs' counsel David A. Shaneyfelt on procedural and substantive ...

Excerpt: ... The court DENIES Defendants' Motion for Summary Judgment Evidentiary Issues Defendants' evidentiary objections to the declarations of Ronald Ablott and Nicole Naleway, and Exhibit E to the opposition, are overruled, with one exception. Objection 7 to the Ablott declaration is sustained on hearsay grounds to the extent the double hearsay of "Laura" is offered for the truth of the matter. (Brantley v. Pisaro (1996) 42 Cal.App.4th 1...

Excerpt: ...tive 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 m...

Excerpt: ...Motion ‐ Other, 07/16/2018 stolo The Court intends to rule as follows: Deny the motion to enforce subpoena for business records issued to Gasprom, Inc. The City of Oxnard has not negated Meylan, Davitt, Jain, Arevian & Kimm LLP's claim that it cannot provide the affidavit required by Evidence Code §1561 and Cooley v. Superior Court (2006) 140 Cal.App.4th 1039 is on point. Absent Gasprom, Inc.'s voluntarily turning over the documents so...

Excerpt: ...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 at: ...

Excerpt: ...ning 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...

Excerpt: ..., 2018 ON MOTION BY CROSS‐DEFENDANTS PRINCIPE & WESTOAKS COMMERCIAL GROUP, INC. FOR ATTORNEY FEES The court grants moving parties' request for judicial notice The court finds that Principe & Westoaks Commercial Group, Inc are entitled to their fees as the prevailing "broker" with regard to the trial of the first amended cross‐complaint. See paragraph 31 of the retail lease agreement. Unless the moving parties are willing to accept...

Excerpt: ... DEFENDANTS LAW OFFICES OF ROBERT M. BASKIN & ARTHUR LIBERTY TO COMPLAINT Grant Defendants' requests for judicial notice The Court sustains, with leave to amend, the demurrer to cause of action one (breach of fiduciary duty) for insufficient facts regarding the running of the statute of limitations. The one year/four year statute of limitations under CCP 340.6 is a cut and dry statute of limitations. (See CCP 340.6 and Prakashpalan v. Engstro...

Excerpt: ...rtroom 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: ...e ruling for July 26, 2018 on Plaintiff Leisure Village Association, Inc.'s Motion for an Award of Attorney's Fees and Defendant Robert J. Kulick's Motion to Stay The court denies Defendant Robert J. Kulick's request for a stay of the hearing on this motion, on the ground that Defendant fails to demonstrate any legal basis for such a stay. The court denies Plaintiff Leisure Village Association, Inc.'s request for an award of a...

Excerpt: ...ED: stolo Tentative ruling for July 25, 2018 on petition for writ of mandate Grant County's request for judicial notice. DENY petition for writ of mandate The 1955 subdivision did not fall within the exception of Ordinance 551, § 8211.113, and, therefore, was improper because no map was submitted for approval. Subdivisions are divisions of land for the purpose of sale, lease, or financing. Gov.Code § 66424. The exception at § 8211.113 cove...

Excerpt: .../2018 stolo Tentative ruling for July 24, 2018 on Demurrer by Defendants Kelly‐ Marie Jones ("Jones") and Cumulus Media, Inc. ("Cumulus") (collectively, "Defendants") to the First Amended Complaint ("FAC") by Plaintiffs Robb Martin Friedman ("Mr. Friedman"), Nikki Lynn Friedman ("Ms. Friedman"), and Tumbleweed Advertising, Inc. ("Tumbleweed") (collectively, "Plaintiffs") The court ...

Excerpt: ... 24, 2018 on Plaintiff's Motion to Amend Judgment Plaintiff Modern Adjustment Bureau's Motion to Amend Judgment is GRANTED IN PART. CCP § 187. For good cause shown, the judgment is amended to add "Kerie Berkowitz" to the judgment as an alternative name for Defendant/Judgment Debtor Kerie Schwartz. However, there is insufficient support to add the names "Kerie Schultz" and/or "Kerie Schwarts" to the judgment. The C...

Excerpt: ... 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 ten...

Excerpt: ...ourt 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...

Excerpt: ...rt'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...

Excerpt: ...deration, 07/12/2018 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: ...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: ...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: ...15/2018 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...

Excerpt: ...nfer argument is not persuasive, and is not grounds per se to overrule a demurrer The demurring parties came into the picture well after the allegedly improper representations were made. Centeno and Cruz were the bad actors, and they have no connection at call with Trojan or Special Default. Irregularities in assignments may be an issue between beneficiaries, but the borrowers typically have no standing if there is such a dispute. Maria Bravo has...

Excerpt: ...e Insurance Company's demurrer to SAC First cause of action (breach of contract): SUSTAIN with leave to amend. The only allegation that will support this cause of action is the allegation of coverage due to lack of right of access to and from the land but plaintiff has not alleged this. Allegations that her access is "affected" or "hindered" are not sufficient. The allegation that the BLSC prevents the development of access ro...

Excerpt: ... showing oppressive conduct. No allegations of corporate ratification. Allegations are those of negligence or perhaps gross negligence, but this is insufficient for punitive damages. If something turns up in discovery, plaintiff can move to amend to allege punitive damages. ...

Excerpt: ...or judicial notice is granted. Champion's demurrer to the first and third causes of action for uncertainty is overruled. There are no uncertainties which cannot be cured by discovery. The demurrer for failure to state a cause of action to the first cause of action is sustained with leave to amend. CBD has not alleged that it has paid damages to Marquart. The declaration of counsel is insufficient to establish that. A demurrer focuses on the c...

Excerpt: ...ut leave to amend to the 2 nd cause of action. Defendant Simi Valley Unified School District's Demurrer to Plaintiff's Complaint is SUSTAINED WITHOUT LEAVE TO AMEND. CCP § 430.10(e). Plaintiff has failed to allege facts sufficient to establish a defect in the public property and a causal connection between a defect and his injuries. The case here is analogous to Zelig v. County of Los Angeles (2002) 27 Cal.4th 1112 (courthouse not defect...

Excerpt: ...: Motion ‐ Other, 06/21/2018 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...

Excerpt: ...ling for July 18, 2018 on Plaintiffs John and Jane McKinney's Motion to Confirm Arbitration Award and Enter Judgment Thereon Deny Defendants David and Judy Johnston's request for an order vacating the Final Arbitration Award (Modified) issued by the Arbitrator on May 21, 2018, on the grounds that (i) the language in both the arbitration provision in ¶7.12 of the 2009 purchase contract between the parties (providing for arbitration of ...

Excerpt: .../12/2018 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 decisio...

Excerpt: ...2018 on Plaintiffs' Motion to Tax Costs or Strike Cost Items The court hereby rules as follows on Plaintiffs' Motion to Tax Costs or Strike Cost Items. Item No. 1: Grant in part as to filing and motion fees in the amount of $294.90, consisting of FAX filing fees and the costs relating to the motion to amend the answer. Defendant will be allowed costs in the amount of $735.00. Please note that the cost memo contains a computation error. (L...

Excerpt: ...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 at: Court...

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: ... The three knives were in plain sight. It is foreseeable that teen age boys might carelessly play with them. This ruling establishes a duty. It does not decide that any of the defendants breached that duty. Determination of whether an Intervening act is foreseeable is a question of fact unless under the undisputed facts there is no room for a reasonable difference of opinion. (See Schrimsher v. Bryson, 58 Cal.App.3d 660).. ...

Excerpt: ... on Defendants' Demurrer to the Second Amended Complaint Defendants Western Hotel Brokers, Deborah A. King and Eric M. Gignoux's Demurrer to Plaintiff's Second Amended Complaint is SUSTAINED WITH LEAVE TO AMEND. CCP §§ 430.10(e) and (f). Initially, the Court notes that the Defendants' demurrer based on uncertainty per CCP § 430.10(f) is overruled. However, Defendants' general demurrer is sustained as to the first cause of a...

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 cour...

Excerpt: ...as to the scope of the Remand: 1. The Regional Board was authorized by the Remand to allow additional testimony and further witnesses and evidence, and was not limited to the existing record. 2. The Regional Board was authorized by the Remand to conduct further discovery against Balcom Ranch, and is not limited to the existing record. 3. The Regional Board was authorized by the Remand to institute a new Administrative Civil Liability Complaint. 4...

Excerpt: ...n to Compel, 06/06/2018 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 te...

Excerpt: ...ion to Compel, 04/25/2018 stolo Tentative ruling for July 12, 2018 on Plaintiff's motion to compel further responses to special interrogatories, set seven With respect to Plaintiff's Motion to Compel Further Responses to Special Interrogatories (Set 7), the court rules as follows: 89 ‐ Deny. Regular rate of pay is unclear in this context. Does Plaintiff mean hourly rate at which the employee worked? (i.e., $17 per hour). Or does Plainti...

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: ...ILED: Motion ‐ Other, 06/06/2018 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 submi...

Excerpt: ...ssigned 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 at: Courtroom43@ven...

Excerpt: ... ‐ Other, 05/08/2018 stolo Tentative ruling for July 12, 2018 on Plaintiff's Motion to Lift Protective Order in Place with Respect to Deposition of Bill Spears The court denies, without prejudice, Plaintiff's Motion to Lift Protective Order in Place with Respect to Deposition of Bill Spears. The individual who may have the most knowledge of the issues in the complaint ‐ former general manager Brooks Hilton ‐ does not appear to have ...

Excerpt: ... 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 tel...

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 wish to submit on the court's tentative decision, please send an email to the court at: Courtroom43@ventura...

Excerpt: .../18/2018 stolo The Court intends to rule as follows: Plaintiffs failed to properly serve the motion on both Defendant and Surety at least 30 days before the hearing pursuant to CCP section 996.440, subd. (c). In addition, Plaintiffs failed to adequately explain how they calculated the interest sought to be paid from each of the three bonds at issue. Moreover, given that Defendant has until July 5, 2018 to pay the judgment before the Court may enf...

Excerpt: ... 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, please send an email to th...

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] stat...

Excerpt: ... File, 06/08/2018 stolo The morning calendar in courtroom 43 will begin at 9 a.m. 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 CourtCall, please call in between 8:35 and 8:45 a.m. With respect to the below scheduled tentative ruling, no notice of intent to appear is required. If you wish to submit on the tentative decision, you can send an e...

Excerpt: ... stolo The Court intends to rule as follows: "GRANT. The arbitrator issued a final signed award on 8/13/14. To the extent applications for correction were made to the arbitrator, the applications were deemed denied by late September, 2014. CCP § 1284. Digital did not petition to correct or vacate the award within 100 days of the date the applications were deemed denied. CCP § 1288.8. Dial Security is entitled to the requested costs and prej...

Excerpt: ...ion to Compel, 06/12/2018 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, p...

Excerpt: ...LED: Motion for Summary Judgment, 01/10/2018 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...

Excerpt: ...can Medical Response of California's and Gold Coast Ambulance Service's Motion for Summary Judgment against Plaintiffs Mary Mascorro (a/k/a Mary Pulido), Gonzalo Pulido Sustain Plaintiffs Mary Mascorro's and Gonzalo Pulido's evidentiary objections as to (a) Defendants' Exhibits F and G; and (b) the declaration of Daren Whiteley as to ¶¶3 (solely as to Whiteley's statement that Corey Gropp was a licensed paramedic), 4, 5,...

Excerpt: ...ng 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...

Excerpt: ... to Complaint The court GRANTS State of California's request for judicial notice of the court's February 9, 2018 order. The court SUSTAINS, without leave to amend, the State of California's Demurrer, on grounds of failure to state facts sufficient to constitute a cause of action and uncertainty. (CCP § 430.10(e), (f).) Plaintiff failed to satisfy the mandatory prerequisites to bring this civil action. The Torts Claim Act requires a p...

Excerpt: ...018 ON DEMURRER BY DEFENDANT EXPERT STAFFING WEST TO SECOND AMENDED COMPLAINT The Court denies Defendant ESW's request for judicial notice of an untabbed and unauthenticated binder policy, a 1099 form, paystubs and "screenshots". Even if these documents had been authenticated, there is no legal authority offered for the Court to take judicial notice of what amounts to "evidence" on demurrer. The Court grants Plaintiff's re...

Excerpt: ... rule as follows: Porat's demurrer on the grounds of failure to state a claim and uncertainty is OVERRULED. Discussion: Request for Judicial Notice Porat requests judicial notice of the grant deed, which is a notarized recorded document related to the ownership of the subject premises that is subject to judicial notice. (See Evid. Code, § 452, subds. (c) & (h); see also Fontenot v. Wells Fargo Bank, N.A. (2011) 198 Cal.App.4th 256, 267, disa...

Excerpt: ...nds to DENY the motion to strike in its entirety. Discussion: General. A motion to strike may be brought to strike any irrelevant, false or improper matter inserted in any pleading or to strike any pleading or part thereof not drawn or filed in conformity with the laws of this state, a court rule or order of court. CCP § 436. The grounds for a motion to strike must appear on the face of the pleading under attack, or from matter which the court m...

Excerpt: ...equest for judicial notice is GRANTED. Porat's motion to strike is DENIED. Motion to Strike Meet & Confer: A motion to strike must be accompanied by a meet and confer declaration showing an effort to informally resolve each issue raised by the motion. (CCP, § 435.5, subd. (a).) Porat's counsel's meet and confer declaration only shows that the motion to strike the entire SAXC as untimely was addressed, not any argument raised in suppo...

Excerpt: ...emurer to 1st cause of action for (1) Elder Abuse and Neglect (Welf. & Inst. Code section 15600 et seq.). Plaintiff has sufficiently alleged neglect within the meaning of Welfare & Institutions Code § 15610.57(b)(3) [failure to protect from health and safety hazards] and (4) [failure to prevent malnutrition or dehydration] and that defendant engaged in reckless neglect. OVERRULE demurrer to 2 nd cause of action for Violations of Residents' B...

Excerpt: ...5/09/2018 stolo The Court intends to Deny Plaintiff Herr's Motion for Reconsideration on grounds that judgment has already been entered and the Court lacks jurisdiction. See APRI Ins. Co. v. Superior Court (1999) 76 Cal.App.4th 176, 181. Additionally, Plaintiff Herr has failed to establish no new or different facts, circumstances, or law. CCP §1008(a). Moreover, the affidavit attached to the Motion is insufficient. Analysis: CCP §1008(a): &...

Excerpt: ...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 by ...

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: ... (fraud): GRANT with leave to amend. These actions are barred on their face by the three‐year statute of limitations and plaintiff has not plead specific facts supporting her claim of delayed discovery. 2 nd & 5 th c/a (conversion): GRANT with leave to amend. These actions are barred on their face by the three‐year statute of limitations and plaintiff has not plead specific facts supporting her claim of delayed discovery. 3 rd & 6 th c/a (bre...

Excerpt: ...8 stolo Tentative ruling for June 6, 2018 on Plaintiff's application for writ of possession Upon a showing that defendant has been personally served with the application at least 16 court days before the hearing, the Court intends to GRANT Plaintiff Ally Financial Inc.'s application for a writ of possession for the 2013 Chevrolet Camaro motor vehicle, Vehicle Identification No. 2G1FK3DJ4D9190818, on the grounds that Plaintiff's Applic...

Excerpt: ...David Gallardo, Sr.'s motion for attorney fees Defendant has made a persuasive argument that the issues presented in this case were inextricably interwoven and that apportionment of fees is not feasible and/or warranted under the facts. The Court is not required to apportion attorney's fees that were incurred for work performed on behalf of the defendants jointly. As such, the fees in this case will not be apportioned. See, e.g., Cruz v. ...

Excerpt: ... follows: The demurrer to the 1 st , 2nd, 4 th, 5 th and 6 th causes of action is sustained with 20 days leave to amend. While defendant has not demonstrated the California Uniform Trade Secrets Act preempts all of the causes of action, she has demonstrated that all but the 3 rd cause of action is not adequately pled. Plaintiff's allegations are sufficient to support a claim for declaratory relief. Plaintiff attempts to claim that a duty suff...

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: ...n Defendants' motion to compel further responses to requests for production The court GRANTS Defendants' unopposed motion to compel further responses to requests for production. Plaintiff Elizabeth Donen's responses are a vague hybrid of all three possible responses to the requests for production. As such, it is not clear whether she has agreed to respond, cannot respond after diligent search, or is objecting. Nor has she complied wit...

Excerpt: .../2018 stolo The Court intends to rule as follows: Marshalls' motion is GRANTED IN PART and DENIED IN PART as follows. Marshalls' motion to compel compliance is DENIED, without prejudice to its ability to bring such a motion after successfully moving to compel further responses without objection under CCP section 2031.310. Marshalls' motion to compel further responses to the RPD is GRANTED. Plaintiff is ordered to provide verified, cod...

Excerpt: ...ompel, 05/07/2018 stolo Tentative ruling for June 4, 2018 on Plaintiffs' Motions to Compel The Court overrules Defendant FAIR Plan's evidentiary objections, and grants Plaintiffs' Motions. Defendant is ordered to provide further verified responses to the subject requests for admission, special interrogatories and form interrogatories, without objection, by no later than June 25, 2018. The Court awards Plaintiff's counsel a total o...