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: .../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: ...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: ... 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: ... 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: ...otice of Application and Hearing for Right to Attach Order and Writs of Attachment, 05/30/2018 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 noti...

Excerpt: ...otion for Attorney Fees, 06/01/2018 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 subm...

Excerpt: ...8 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: ...to all are based on LC 1102.5. This requires the reasonable belief in a statutory violation by the defendant. Plaintiff has not pleaded what statute, regulation, etc. was violated. Plaintiff need to do this. ...

Excerpt: ...ecord, 04/20/2018 stolo The Court intends to Deny the motion to be relieve as counsel without prejudice. Counsel failed to submit mandatory judicial council form declaration pursuant to CRC 3.1362 (c). The motion is not accompanied by the Judicial Council form declaration. "(c) Declaration The motion to be relieved as counsel must be accompanied by a declaration on the Declaration in Support of Attorney's Motion to Be Relieved as Counsel�...

Excerpt: ...e Court intends to Deny the motion to compel the release of documents under seal. Moving party has not articulated a sufficient reason to force disclosure of information pertaining to Ms. Mofya's activities since 2015. Such information is not relevant to whether Ms. Mofya had capacity six years earlier (i.e., in 2009 at the time that she executed the fee agreement) ...

Excerpt: ...ED: Motion ‐ Other, 05/08/2018 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 Arr...

Excerpt: ...Motion to Compel, 05/04/2018 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: ... compel as to RPD No. 29 is MOOT. Plaintiff's motion to compel further responses to RPD Nos. 16‐20 and 31‐39 and a privilege log is GRANTED. The relevance and overbroad objections are overruled. The undue burden, oppression, and Marshalls' privacy/confidential information objections are overruled, without prejudice to Marshalls' ability to bring a code‐compliant motion for a protective order seeking to split costs and/or prevent...

Excerpt: ...request for judicial notice. The Court intends to Deny the OSC for preliminary injunction because Plaintiffs have failed to show a likelihood of prevailing on the merits. Analysis: First Cause of Action for Violation of Civil Code Section 2923.5: Plaintiffs allege that the declaration of due diligence attached to the NOD is false and violates Civil Code sections 2923.5 and 2923.55 because: (a) Plaintiffs were not "reviewed for a first lien lo...

Excerpt: ...riguez's request for judicial notice is GRANTED. (See Evid. Code, § 452, subs. (d).) Demurring Parties' demurrer for uncertainty to the fourth, fifth, sixth, seventh, eighth, and ninth causes of action in the cross‐complaint is OVERRULED. Although not addressed by the parties, "[a] demurrer for uncertainty is strictly construed, even where a complaint is in some respects uncertain, because ambiguities can be clarified under modern ...

Excerpt: ...16/2018 stolo This court intends to rule as follows: 3 rd cause of action for conversion. Deem the motion moot as to the 3 rd cause of action for conversion. That cause of action was dismissed on 5/21/18. Evidentiary objections to the Declaration of Mark Dufau filed on March 16. 2018: #1: Sustain. [Legal conclusion.] #2: Sustain. [Legal conclusion.] #3: Sustain. [Irrelevant.] #4: Sustain. [Irrelevant.] #5: Sustain. [Legal conclusion.] #6: Sustain...

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

Excerpt: ... to the second cause of action for negligent supervision. The cause of action posits that defendant Hobbs had supervisorial authority over defendant Magoon. Yet, there are no specific allegations in the Second Amended Complaint that reflect that relationship. Hobbs allegedly recommended Magoon as a tutor (SAC at ¶17), but that allegation does not reflect any supervisorial relationship between Hobbs and Magoon. At best is the allegation that VUSD...

Excerpt: ...defense and the arguments made by the Winchester parties. The court declines to consider the evidence submitted with the opposition. None of the defenses are so uncertain that they cannot be responded to. Some of the defenses stem from the allegations of the cross‐ complaint and other pleadings in this action and are, therefore, adequately plead. Some of the defenses are within Winchester's own knowledge. Some of the defenses are self‐exp...

Excerpt: ...l of Record, 05/25/2018 stolo The Court intends to rule as follows: Mr. Yorke's motion to be relieved as counsel contains three fatal defects. First, Mr. Yorke states he served Plaintiff at her last known address, but fails to declare that he verified Plaintiff's address within the last 30 days as required. (See Cal. Rules of Court, rule 3.1362(d).) Second, Mr. Yorke failed to lodge a proposed order with the moving papers as required. (Se...

Excerpt: ...er, 05/11/2018 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, please send ...

Excerpt: ...e cross‐complaint occurred before the filing of the complaint. The cross‐ complaint is not based on plaintiff's protected free speech or her petitioning activity. The cross‐ complaint simply does not fall within the ambit of CCP 425.16. ...

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: ...e 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. Do not call i...

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: ...e ruling for June 19, 2018 on Cross‐defendant Arturo Melgoza's motion for summary judgment Evidentiary Issues The court declines to rule on plaintiff's objections to evidence as this evidence was not material to the court's decision. As plaintiff did not meet his burden of producing evidence in support of UMFs 9‐12, the court did not need to consider the opposing evidence to which plaintiff objected. The court also declines to rul...

Excerpt: ...judication, 01/17/2018 stolo Tentative ruling for June 19, 2018 on Plaintiff's motion for summary adjudication of issues The court DENIES Plaintiff's motion for summary adjudication of issues, as explained below. Issue 1: Is Fidencio Hernandez liable under the first and second causes of action for breach of oral and written contract? For purposes of this motion only, UMFs 1‐5, 11‐22, and 24 are undisputed or established. UMFs 6‐10, ...

Excerpt: ...Motion ‐ Other, 05/01/2018 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: ...18, 2018 on Plaintiff Wells Fargo Bank, N.A.'s Motion for Summary Judgment or Summary Adjudication The court finds, for the purposes of this motion only, that: Plaintiff Wells Fargo Bank, N.A.'s Material Facts Nos. 1‐36 are supported by the cited‐to evidence and established. Plaintiff's Complaint asserts six counts under various legal theories, but that all counts appear to be based on the same cause of action based on a single ob...

Excerpt: ...ce 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] st...

Excerpt: ... Defendant James Allen Motors, Inc.'s Motion for Summary Judgment on Plaintiff Amy Ericson's Complaint The court DENIES Defendant James Allen Motors, Inc.'s Motion for Summary Judgment on Plaintiff Amy Ericson's Complaint, for the following reasons. Evidentiary Issues Overrule Plaintiff Amy Ericson's evidentiary objections to the declaration of Defendant James Allen Motors, Inc.'s ("Dealer") expert Jack Cohen. Sust...

Excerpt: ... intends to: GRANT plaintiff's motion to quash deposition subpoenas and award her $3,935 in sanctions against defendant and its attorney. On their face, the subpoenas are overbroad. While defendant clearly is entitled to some documents from plaintiff's medical providers, defendant simply has not shown a particularized need for all the confidential information sought. ...

Excerpt: ...all requests for judicial notice. Overrule Powell's objections. Decline to rule on the County's objections 1‐8 as the evidence was not material to the court's analysis. CCP § 437c(q). Overrule the County's objections 9‐13 as these are objections to Smitty's material facts, not to the evidence in support. For purposes of this motion, UMFs 4 and 8 are not established. All other UMFs are established. At the outset it should ...

Excerpt: ...rules Defendants' demurrer as to the argument concerning Plaintiff Andrew Donen and his standing as to the first and third causes of action of the First Amended Complaint. Paragraphs 30 and 43 make it clear that it is only Plaintiff Elizabeth, and not her husband, who is asserting the breach of contract and specific performance causes of action. On the second cause of action (promissory estoppel) the court overrules as to Plaintiff Andrew Don...

Excerpt: ...e 12, 2018 on Defendant D.N. Michelson, M.D., Inc.'s Demurrer to Plaintiff's Complaint Defendant D.N. Michelson, M.D., Inc.'s unopposed Demurrer to Plaintiff's Complaint is: SUSTAINED WITH LEAVE TO AMEND as to the first cause of action for breach of contract. CCP § 430.10(e). Plaintiff fails to attach a copy of the written contract or plead the material terms verbatim. Accordingly, the demurrer must be sustained. (Otworth v. Sout...

Excerpt: ...8 on Motion to Compel Arbitration The court grants defendant Crown's motion to compel arbitration. (CCP 1281, et seq.) As noted by both parties here, in order for an arbitration provision to be rendered unenforceable both procedural and substantive unconscionability must be present. (See Kinney v. United Healthcare Service, Inc. (1999) 70 Cal.App.4th 1322, 1329.) Yet Plaintiff makes no showing of substantive unconscionability ...

Excerpt: ...18 stolo Tentative ruling for June 12, 2018 on Defendants Kevin and Mary Cox's Demurrer to Plaintiff Ronald Otto's 1st Amended Complaint, and Motion to Strike Portions Thereof The court sustains, with leave to amend, Defendants Kevin and Mary Cox's unopposed demurrer for uncertainty to the first cause of action for intentional infliction of emotional distress, second cause of action for fraud, third cause of action for medical malprac...

Excerpt: ... follows: Defendant's demurrer for failure to state a claim and uncertainty is OVERRULED. Defendant's demurrer to the FAC on the grounds of failure to state a claim and uncertainty is OVERRULED." Discussion: Demurrer for Failure to State a Claim: "In an action for injury or death against a health care provider based upon such person's alleged professional negligence, the time for the commencement of action shall be three years...

Excerpt: ...r 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] stating...

Excerpt: ...s 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: Courtro...

Excerpt: ...n ‐ Other, 05/16/2018 stolo Tentative ruling for June 11, 2018 on Petition to compel arbitration Grant respondent's request for judicial notice. Overrule respondent's objections for purposes of this motion only. The court DENIES, with prejudice, Sam Vosoghian's Petition to Compel arbitration. The present controversy involves: 1) claims regarding the Bundy property; 2) claims regarding the Mobil station in Simi Valley; 3) claims rega...

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: ...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: ... 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: ...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: ...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: ...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: ...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: ... 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: ...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: ...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: ...mmary Judgment and/or Adjudication, 03/20/2018 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 secreta...

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: ...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...

Excerpt: ...compel as to RPD No. 29 is MOOT. Plaintiff's motion to compel further responses to RPD Nos. 16‐20 and 31‐39 and a privilege log is GRANTED. The relevance and overbroad objections are overruled. The undue burden, oppression, and Marshalls' privacy/confidential information objections are overruled, without prejudice to Marshalls' ability to bring a code‐compliant motion for a protective order seeking to split costs and/or prevent ...

Excerpt: ...with leave to amend Porat's motion to strike the Second Amended Complaint as to the prayer for punitive damages (Compl., ¶ 32 & prayer ¶ 4), and Deny in part as to the Second Amended Complaint as a whole, prayer for attorney fees, and other allegations. Merits of the Motion Entire Second Amended Complaint: The entire Second Amended Complaint should not be dismissed simply because the word "stucco/drywall" is used. The material fact ...

Excerpt: ...#39;s demurrer to each cause of action in the Second Amended Complaint is OVERRULED. A. Demurrer for Failure to State a Claim First Cause of Action for Negligence: Plaintiff's negligence claims is based on two theories of liability: (1) Porat owned/controlled/managed the property; and (2) Porat employed Plaintiff. Assuming arguendo that Porat is correct that the grant deed shows he did not own the property at the time of the incident, for pur...

Excerpt: ...he 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 c...

Excerpt: ... 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: [email protected]...

Excerpt: ...vin 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. 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 email to the court at: Courtro...

Excerpt: ...om 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. 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 email to the court at: [email protected] or send a telefax ...

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: ... 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. 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 email to the court at: Courtroom43@ventura....

Excerpt: ...vin 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. 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 email to the court at: Courtro...

Excerpt: ...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. 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 email to the court at: [email protected]...

Excerpt: ... Judgment, 11/01/2017 stolo Tentative ruling for May 21, 2018 on Defendant's Motion for Summary Adjudication The Court rules as follows Defendant Board of Trustees of the California State University's motion for summary adjudication. Evidentiary Issues Defense's alleged facts The Court finds the following undisputed material facts ("UMFs") are actually undisputed: 1, 2, 4‐9, 11‐15, 20‐21, 24, 26‐27, 29‐30, 32‐34, 3...

Excerpt: ...18 stolo Tentative ruling for May 21, 2018 on Plaintiff's motion to compel further responses to special interrogatories and requests for production and for sanctions Grant, in part, Plaintiff's motion to compel further responses to special interrogatories and requests for production. Regarding the special interrogatories, Zoetis' remedy for any alleged failure to comply with the requirements of CCP §§ 2030.040 or 2030.050 was to see...

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: ... 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: ...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: ...tice 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: ...es: 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: ...cluding 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 email to the court at: [email protected] or send a telefax to Judge DeNoce&...

Excerpt: ...atement 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 t...

Excerpt: .... 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. 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 email to the court at: Courtroom43@...

Excerpt: ...ve Order, 04/02/2018 stolo The Court intends to rule as follows: Overrule Defendant Foodservice Operators Training Achievement Program Series, LLC's ("TAP") evidentiary objections to the declaration of Plaintiff Tristan Baer's counsel N. Cory Barari and attached Exhibits. Overrule Plaintiff Baer's objections to Defendant TAP's Opposition Brief. Find that Plaintiff fails to demonstrate that the Stored Communications Act app...

Excerpt: ...liminarily, the court vacates its order of April 23rd finding that the settlement is on good faith. That was prematurely entered, and without knowledge that the instant motion had been filed. The motion to contest the application for a good faith finding is denied. The settlement is for Michel's policy limits. That is an important factor, especially where those limits are in the amount of $100,000.00. Wood Ranch filed its answer on September ...

Excerpt: ...on Defendant Westcor Land Title Insurance Company's demurrer Deny plaintiff's request for judicial notice of an article printed from a webpage. Evid.Code §452 does not support taking judicial notice of either the document or any facts contained therein. Breach of written agreement: SUSTAIN, without leave to amend, Defendant Westcor Land Title Insurance Company's demurrer to the first cause of action in the First Amended Complaint. Pl...

Excerpt: ... 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. 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 email to the court at: Courtroom43@ventura....

Excerpt: ...pel, 02/21/2018 stolo The Court observes that the parties have done a poor job informing the Court what issues remain in controversy since the April 2, 2018 hearing. The Court understands that the parties have a dispute with respect to request for production 37, 38 and 39. The Court intends to compel further production as to these requests. Requests for Production 37, 38 and 39 As to these RPDs, plaintiff argues that defendant's responses are...

Excerpt: .... 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. 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 email to the court at: Courtroom43@...

Excerpt: ...t intends to Grant cross‐defendants' request for judicial notice. 2 nd c/a (breach of guaranty): SUSTAIN with leave to amend. To allege a breach of the guaranty against Yacoby, Rancho Oaks must allege an actionable breach by L&B within the first five years of the lease. The only breaches plead with specificity occurred well after this time period. Claims by Richard Winchester: Since Winchester is deceased he is not a proper party. However, ...

Excerpt: ...03/28/2018 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 805‐477‐5...

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 Courtroom20ExPartes@ventura...

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 co...

Excerpt: ...ends to deny the application for the following reasons: (1) The subject property is misidentified in the Application. Tax‐related documents show that the address of the subject property is 950 Tenth Street, Santa Paula, CA, not 950 Terracina Street, Santa Paula, CA, as identified by Plaintiff Catherine O'Brien in her Application. (2) The Sheriff has not levied on the home. (See CCP § 704.750, providing that an application for an order for ...

Excerpt: ... First Amended Complaint Defendants Western Hotel Brokers, Deborah A. King and Eric M. Gignoux's Demurrer to Plaintiff's First Amended Complaint is SUSTAINED WITH LEAVE TO AMEND. CCP §§ 430.10(e) and (f). The court does not find the FAC uncertain. However, Defendants' general demurrer is sustained as to the first cause of action for negligent misrepresentation and the second cause of action for fraud. Insufficient facts are stated t...

Excerpt: ...Other, 03/16/2018 stolo The Court intends to DENY the motion for relief from order granting leave to file a second amended complaint. Defendant was not diligent in bringing this motion, filing it one month after it was aware of the court's ruling. The 2/15/18 order was not entered due to defense counsel's mistake, inadvertence, surprise, or excusable neglect. It was entered after due consideration of the fully‐briefed motion and pursuan...

Excerpt: ...mpel, 03/14/2018 stolo Tentative ruling for May 3, 2018 on Plaintiff Sungtae Jung's Motion to Compel Further Responses to Special Interrogatories (Set No. 1) Deny Plaintiff Sungtae Jung's motion to compel Defendant Mercedes‐Benz USA, LLC's further responses to special interrogatories (set no. 1) nos. 8‐15, 22, and 26‐29, on the ground that Defendant's "vague and ambiguous" objection to the subject interrogatories has...

Excerpt: ...03/15/2018 stolo The Court intends to Deny the motion per CCP § 473(b) as untimely, but grant the motion per CCP § 473.5. Defendants Reprudencia Sonkey and Whitenicious, Inc.'s Motion to Vacate Default and Default Judgment is GRANTED per CCP § 473.5. Initially, the Court notes that the motion is not timely per CCP § 473(b) as the default was entered on 6‐28‐17 and this motion was not filed until 3‐15‐18, beyond the six‐month lim...

Excerpt: ... confer regarding an agreed upon definition of "504 ACCOMMODATION PLAN" and "LEARNING DISABILY" and VUSD then to respond without objection to request for admission ("RFA") 3 and 4. VUSD objected to many of the RFAs based upon the definitions that Plaintiff employed in the RFAs. The court agrees that some of the definitions that Plaintiff used made it difficult for VUSD to respond. Plaintiff defined "YOU" and "Y...

Excerpt: ...rule as follows: While Plaintiff's meet and confer efforts concerning VUSD's amended responses was less than robust, the court does not find that additional meet and confer would have been fruitful. Request for Documents ("RFD") 2 – VUSD has agreed to produce all files that relate to Magoon but are not maintained in his name and to produce all non‐privileged documents therein. This goes beyond the scope of the demand which is ...

Excerpt: ...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. 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 email to the court at: Court...