Excerpt: ...st check in with the Judicial Assistant by 8:10 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 Guasco's secretary at (8 05) 477- 5892. Do not call in lieu of sending an e -mail or fax. If a party submits on the tentative decision without appearing, but another party appears, the hearing will be condu...

Excerpt: ...1, 1032, & 1033.5.) Plaintiffs request judicial notice of Exhibits 1 through 5 attached to the declaration of attorney Erik Feingold in support of the motion. (See Evid. Code, § 452.) Plaintiff's request for judicial notice in support of the motion is GRANTED. (See Ev id. Code, § 452, subds. (d)(1).) Plaintiffs' motion for attorneys' fees and costs on appeal and for this motion, is GRANTED in the reduced amount of $11,996.31. The motion is time...

Excerpt: ...two proposed depositions to the extent that motion is granted. Counsel for the moving party to give notice. Plaintiff is moving to reopen discovery for the limited purpose of having a motion heard to compel the depositions of two trustee members of Defendant CVUSD's B oard of Education. At the outset, it should be noted that the discovery cutoff date in this action will have already passed on March 24, 2024. The discovery motion cutoff date will ...

Excerpt: ...requests for pro duction. 3) Defendant shall provide objection free further responses that comply with all statutory requirements within 20 days. The further responses should either indicate that Defendant will comply with the request in full as provided for in Code Civ. Proc., § 2031.220 or is unable to do so as provided in Code Civ. Proc., § 2031.230. The parties are ordered to meet and confer regarding a proposed stipulated protective order ...

Excerpt: ...ng: The reque st for judicial notice is granted. The motion is granted in part and denied in part. Defendant shall provide objection free further responses to requests for production Nos. 27, 28, 31, 33, 35, 37 and 38, as limited and as further specified below. The f urther responses shall comply with all statutory requirements and be provided within 20 days. Defendant need not provide further responses to request Nos. 24 -26, 36 and 46. These r...

Excerpt: ...r the parties , but in no case later than April 20, 2024. Any objections on the grounds of attorney -client privilege or closed session privilege are to be more properly raised at the time of the depositions. Counsel for the moving party to give notice. Pursuant to Code of Civil Procedure section 2025.010, “[a]ny party may obtain discovery…by taking in California the oral deposition of any person, including any party to the action.” A prope...

Excerpt: ... the underlying discovery order of November 2, 2023, evidence a willful failure to comply so as to warrant nonmonetary sanctions. At the very least, Plaintiff was not unduly prejudiced by Defendant's responses. As for Plaintiff's requested monetary sanctions, the Court notes that no evidence has been provided to support the amount in sanctions claimed in the moving Memorandum of Points and Authorities. As such, monetary sanctions are denied. Coun...

Excerpt: ...memorandum and Code of Civil Procedure, section 1032, 1033.5 and California Rules of Court, rule 3.1700. The FAC by Alejandro Contreras against Defendants Luis Melgar, County Records Service, Siboney A. Monge individually and as trustee of the Kumquat 1340 trust, the Kumquat 1340 Trust, Malibu Reconveyance, LLC, Jenny E. Segovia, Segovia Real Estate Group, and Reney Grace Rodriguez was filed on 9 -15- 17 with 14 causes of action, including viola...

Excerpt: ...inson v. Sup. Ct. (1987) 43 Cal.3d 833, 840.) Here, it cannot be said that Defendant has demonstrated good cause. Accordingly, the motion is denied without prejudice. Counsel for the moving party to give notice of the Court's ruling. This personal injury case where it is alleged plaintiff suffered, among other injuries, traumatic brain injury. Case filed on 9/11/23. Answer filed on 11/28/23. This motion was set by ex parte application on 3/27/2...

Excerpt: ...e depositio n of Defendant's PMK is scheduled for April 10, 2024. The Court orders Defendant to pay Plaintiff's counsel monetary sanctions in the amount of $2,000 within 30 days of this ruling. The Complaint was filed on 6/9/22 by Plaintiff Leticia Villescaz against D efendants Los Robles Regional Medical Center; HCA Health Services of California, Inc.; and CHC Payroll Agent, Inc. alleging causes of action for (1) actual/perceived disability har...

Excerpt: ... single example in support of both of his arguments. In support of his argument that all the affirmative defenses fail to state sufficient facts, plaintiff refers to the first affirmative defense that each cause of action in the complaint fails to state facts sufficient to constitute causes of action. Because this affirmative defense relies solely on the factual allegations of the complaint, it is sufficiently plead. Furthermore, the fifth affi...

Excerpt: ...d. The Court all ows appearances by CourtCall but is not equipped for Zoom. If appearing by CourtCall, call in no later than 8:30 a.m. If you intend to appear by CourtCall, you must make arrangements with CourtCall by 4:00 p.m. the day before your scheduled hearing. Reques ts for approval of a CourtCall appearance made on the morning of the hearing will not be granted. No exceptions will be made. With respect to the tentative ruling below, no not...

Excerpt: ...tion, Approval of Class Notice, Setting of Final Approval Hearing is GRANTED. 1. The following class is conditionally certified for settlement purposes only: “all current and former hourly -paid or non -exempt employees of Defendant Synergy Shipping LLC within the State of California at any time during the period from July 22, 2019, through August 21, 2023.” 2. Plaintiffs Gianna Graziano and Ethon Burch are conditionally approved as class re...

Excerpt: ... Court Call must check in with the Judicial Assistant by 8:10 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 Guasco's secre tary at (805) 477- 5892. Do not call in lieu of sending an e -mail or fax. If a party submits on the tentative decision without appearing, but another party appears, the hearing...

Excerpt: ...tems 2, 5, and 14 and all other items not contested by Defendant in this motion. Further, Plaintiff's request for attorney's fees is DENIED. A hearing on the OSC re Dismissal Pursuant to Representation of Settlement SHOULD BE SCHEDULED. The Complaint was filed on 8/ 31/20 and the First Amended Complaint (“FAC”) on 1/8/21. The FAC was filed by Plaintiff Rodolfo Celedon against Defendant General Motors, LLC, and pleads causes of action for (1...

Excerpt: ...d by the court. No notice of intent to appear is required. If you wish to submit on the tentative decision, you may notify the court by email to [email protected]. Please include the hearing date, the case name and case number in the message. You must include all counsel and self -represented parties on your message. The court will not respond to your email. Do not use this email address for any other purpose without the court's e...

Excerpt: ...ecurity Pacific Business Credit, Inc. (1990) 222 Cal.App.3d 1371.) The Demurrer is SUSTAINED as to the third cause of action for breach of the Unfair Competition Law (UCL) (Bus. & Prof. Code, § 17200, et seq.). UCL are not permitted to be brought against a homeowners' a ssociation in connection with a nonjudicial foreclosure. (See That v. Alders Maintenance Assn. (2012) 206 Cal.App.4th 1419.) The Demurrer is SUSTAINED as to the eighth cause of ...

Excerpt: ... If you inte nd to appear by CourtCall, you must make arrangements with CourtCall by 4:00 p.m. the day before your scheduled hearing. Requests for approval of a CourtCall appearance made on the morning of the hearing will not be granted. No exceptions will be made. Wit h respect to the tentative ruling below, no notice of intent to appear is required. If you wish to submit on the tentative ruling you can fax notice to Judge Coats's secretary,...

Excerpt: ...If you wish to submit on the tentative decision, you may notify the court by email to [email protected]. Please include the hearing date, the case name and case number in the message. You must include all counsel and self -represented parties on your message. The court will not respond to your email. Do not use this email address for any other purpose without the court's express permission. Do not include the court in any email co...

Excerpt: ... all five r ecorded documents. (Scott v. JPMorgan Chase Bank, N.A. (2013) 214 Cal. App. 4th 743, 754– 55, as modified on denial of reh'g (Apr. 16, 2013) The Court also intends to SUSTAIN Defendant's Demurrer to the Second Amended Complaint, with leave to amend. In thei r First Cause of Action of the Second Amended Complaint, Plaintiffs allege Defendant violated Civil Code sections 2923.5 and 2923.6 (Homeowner's Bill of Rights), by failing...

Excerpt: ...s Responses to F orm Interrogatories, Set One is GRANTED. Defendant's Motion to Compel Plaintiff's Responses to Special Interrogatories, Set One is GRANTED. Defendant's Motion to Compel Plaintiff's Responses to Requests for Production of Documents, Set One is GRANTED. Defe ndant's Motion to Deem Matters Admitted against Plaintiff is GRANTED. Plaintiff Margie Smith is ordered to serve Defendant with her Code -compliant and objection -free initial ...

Excerpt: ...d Request for Sanctions is GRANTED. Defendant is required to produce its Person Must Qualified and Custodian of Records for questioning and produce the requested documents for deposition within 20 days of this ruling. Further, Defendant is required to pay Plaintiffs' counsel monetary sanctions in the amount of $1,860 within 20 days of this ruling. Plaintiffs move the court for an order pursuant to Code of Civil Procedure, section 2025.450, subdi...

Excerpt: ...ation of Issues . (Not Opposed) Tentative Rulings: The Court grants the motions for summary adjudication in their entirety. Defendants' Motions for Summary Judgment Defendants Mole Richardson Rentals (erroneously sued as Mole -Richardson Rentals, LLC), and PK&P Investment Co. f/k/a Mole -Richardson Co. (collectively “Mole -Richardson”) each move for Summary Adjudication on three issues: (1) Plaintiffs cannot establish any evidence against mov...

Excerpt: ... called. The Court allows appearances by CourtCall but is not equipped for Zoom. If appearing by CourtCall, call in no later than 8:30 a.m. If you intend to appear by CourtCall, you must make arrangements with CourtCall by 4:00 p.m. the day before your scheduled hearin g. Requests for approval of a CourtCall appearance made on the morning of the hearing will not be granted. No exceptions will be made. With respect to the tentative ruling below, n...

Excerpt: ... For good cause shown, Defendants are hereby granted leave to take the second session of the deponent at a date, time, and location to be mutually determined by the parties' counsel. Defense counsel's questioning shall be limited to the issues of updates regarding Plaint iff's condition and the extent of her claimed damages. Counsel for the moving parties to give notice. Background: This action arises from the alleged sexual assault suffered by P...