Excerpt: ...mote appearan ces. If appearing by CourtCall, call in no later than 8:30 a.m. If you wish to appear by CourtCall, you must make arrangements with CourtCall by 4:00 p.m. the court 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. For Zoom appearances, all counsel appearing by Zoom must email the court at [email protected]...

Excerpt: ... a Mental Ex am. For good cause shown relief is proper per Code of Civil Procedure section 2032.320. Counsel for Defendant to give notice of the Court's ruling. Background: This is a PAGA action by Plaintiffs Dina Ventura, America Vasquez, and Sonia Buenrostro (collect ively “Plaintiffs”) for FEHA violations, wage and hour claims, and wrongful termination against Defendant Westchase Mini Suites, LLC dba Best Western Plus Thousand Oaks (“Def...

Excerpt: ... intent to appea r 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 -rep resented 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 ...

Excerpt: ...If appearing by CourtCall, call in no later than 8:30 a.m. If you wish to appear by CourtCall, you must make arrangements with CourtCall by 4:00 p.m. the court day before your scheduled hearing. Requests for approval of a CourtCall appearance made on the morning of th e hearing will not be granted. No exceptions will be made. For Zoom appearances, all counsel appearing by Zoom must email the court at [email protected] with a simul...

Excerpt: ...If appearing by CourtCall, call in no later than 8:30 a.m. If you wish to appear by CourtCall, you must make arrangements with CourtCall by 4:00 p.m. the court day before your scheduled hearing. Requests for approval of a CourtCall appearance made on the morning of th e hearing will not be granted. No exceptions will be made. For Zoom appearances, all counsel appearing by Zoom must email the court at [email protected] with a simul...

Excerpt: ...1) 91 Cal.App. 4th 875, 882.) OVERRULE: PMCI's demurrer on the grounds of 1) Failure to state a claim (res judicata) and, 2) another action pending. This action arises from the earlier efforts of Defendant Professional Medical Careers Institute of California, LLC (“PMCI” or “Defendant”) to collect allegedly outstanding tuition from its former student, Plaintiff Annette Ayala (“Ayala” or “Plaintiff”). This is the second lawsuit bet...

Excerpt: ...s proposed re sponsive pleading(s) within 10 days. Counsel for the moving party to give notice of the Court's ruling. Complaint filed 5/10/24 by Plaintiffs Caroline C. Pieszak and Annika M. Pieszak Goss, as individuals and as Trustees of the Annika M. Pieszak Trust Date d October 1, 2021, against defendants Schaub Renovations, Inc., Agoura Sash & Door, Inc., Windsor Window Company, dba Windsor Windows & Doors, Woodgrain Inc., and American Contrac...

Excerpt: ...'s Demurrer. Plaintiff's claims are precluded based on the Settlement Agreement entered into between the parties on October 25, 2019, in which Plaintiff waived all then -existing claims against the University, and her then -existing FEHA/DFEH complaint. The Court takes j udicial notice of the plain and unambiguous language of the Settlement Agreement, which Plaintiff has attached to the subject Complaint filed May 29, 2024, finding that applicati...

Excerpt: ...d Complaint fails to allege facts sufficient to establish that Plaintiff was a third -party beneficiary of the contract. (See Gantman v. United Pac. Ins. Co. (1991) 232 Cal.App.3d 1560.) Without standing as a covered party under the contract, Plaintiff's claims for breach o f the covenant of good faith and fair dealing and intentional infliction of emotional distress are untenable. Leave to amend is DENIED. Considering the above ruling sustaining...

Excerpt: ...WITH LEAVE TO AMEND Defendant SVRTC LLC's demurrer based on Code of Civil Procedure section 430.10, subdivision (e). Defendant SVRTC LLC's Motion to Strike Portions of Plaintiff's Complaint is deemed moot considering the Court's ruling on the demurrer. (Code Civ. Proc., §§ 4 35 et seq.) Plaintiff to file an amended Complaint within 20 days. Counsel for Defendant to give notice of this Court's ruling. On April 19, 2024, Plaintiff Genoveva Rivera...

Excerpt: ...o Code of Civil P rocedure, section 128.7 is DENIED. Plaintiff failed to wait the full 21 -day safe harbor period before filing this Motion. No sanctions can be imposed under a 128.7 motion filed before expiration of the 21 -day safe harbor period. (See Goodstone v. Southwest Airlines Co. (1998) 63 Cal.App.4th 406, 418 -419.) Counsel for the opposing parties to give notice of the Court's ruling. This is a breach -of-contract action. On May 14, 20...

Excerpt: ...tions is DEN IED. Both the motion before the court and the request for admissions were served using an address that is different from Defendant's address of record with the Court. Cousnel for Plaintiff to give notice of this Court's ruling. It appears that an incorrect address has been used. The Complaint was filed on June 29, 2020, by Plaintiff American Express National Bank, Successor by Merger to American Express Bank, FSB against Defendant Gi...

Excerpt: ...ji Exchange, LLC's (“Duji”) Motion to Strike is GRANTED with leave to amend. Def endant's Request for Judicial Notice filed April 22, 2024, is GRANTED. This is an action for recovery of unpaid wages, overtime, compensation for rest periods, and for other statutory labor violations. Plaintiffs have included as their eleventh cause of ac tion a Private Attorney General Act (“PAGA”) claim seeking civil penalties against the PAGA defendants. ...

Excerpt: ...high standard for obtaining leave for this discovery. Civil Code Section 3295, subdivision (c) provides that: “No pretrial discovery by the plaintiff shall be permitted with respect to the evidence referred to in paragraphs (1) and (2) of subdivision (a) unless the cou rt enters an order permitting such discovery pursuant to this subdivision. However, the plaintiff may subpoena documents or witnesses to be available at the trial for the purpose...

Excerpt: ...Order. At the July 9, 2024 hearing on Levan's motion to quash service of the Association's moving papers on LeVan, the Court granted the motion but gave the Association an opportunity to cure the service issue. In particular, the Court continued the hearing on the Asso ciation's motion to amend the judgment to August 15, 2024, and ordered the Association to serve Levan with its moving papers in the same manner as required for service of process a...

Excerpt: ...ot given the Court's ruling on the Demurrer. The Court intends to grant the Motion to strike the claim for punitive damages asserted in the 6th cause of action for general (gross) negligence. Jackson v. Johnson (1992) 5 Cal. App.4th 1350, 1354. And the Court intends to deny the Motion to strike portions of the 8th cause of action as unsupported. Meet & Confer (CCP § 430.41(a) and CCP § 435.5) is insufficient. While a declaration from Defendant'...

Excerpt: ...entative deci sion, 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 respo nd 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 communications between counsel...

Excerpt: ...rs, this aff irmation in not required when serving a business entity of unknown form. (See Hope v. Otis Elevator Co. (2005) 389 F.Supp.2d 1235, 1243.) As the subsequent mailing was required pursuant to Code of Civil Procedure Sections 415.20 and 415.95, service of the Summons and Complaint on Defendant Law Office of Steven Waisbren was not “deemed complete” until the 10th day after the mailing. While we do not know what date mailing was perfo...

Excerpt: ...his survival beyond six months. (Code Civ. Proc., § 36, subd. (d).) The jury trial remains set for April 14, 2025. Counsel for the moving party to give notice of the Court's ruling. Background: This premises liability action arises from an incident that occurred on August 5, 2022, where Ethan Jordan (the “Plaintiff”), a minor, was struck while riding his bike by the vehicle being driven by Sylvia Lynne Hawisher (“Hawisher”). The incident...

Excerpt: ... GRANTED. Pl aintiffs shall file and serve the proposed second amended complaint by no later than October 4, 2024; however, the amended complaint and the use of pseudonyms therein shall comply with all applicable rules and statutes. In particular, Plaintiffs are ordere d to conspicuously state in the caption of the complaint the statute or rule of court permitting the use of a pseudonym without a court order. If there is no such authority, Plaint...

Excerpt: ...egarding commerc ial property. Default entered on 7/15/22. Writ of Possession entered on 8/17/22. On 9/25/23 the Court denied Defendants Motion to Set Aside/Vacate Default Judgment without prejudice. On 11/27/23 the Court granted the Motion to Set Aside default and Default Judgment, based on the parties' agreement, and Plaintiff permitted to file a First Amended Complaint. Answer was filed on 11/29/23, then the FAC filed on 12/7/23, with the Answ...

Excerpt: ...nologies, Inc .'s Motion for Summary Judgment or, in the alternative, Summary Adjudication, sealed under the requirements of California Rules of Court, rule 2.550. On February 1, 2022, the Complaint was filed. On February 2, 2023, the First Amended Complaint (“FAC”) was filed by Plaintiffs Jaslene Olivares, a minor, by and through her GAL, Brenda Yarely Cervantes Chavez; Emmanuel Alexander Olivares, a minor, by and through his GAL, Brenda Yar...

Excerpt: ...et One and Special Interr ogatories, Set Two, are GRANTED. Defendant is ordered to serve further, verified code -compliant responses to Form Interrogatory, Set One, no. 216.1, Special Interrogatories, Set One, nos. 1, 2, 3, 4, 5, 6, 8, 11, 12, 15, 16, 17, 18, 19, 20, 22, and 23, Req uest for Production, Set One, no. 27, and Special Interrogatories, Set Two, nos. 28 -46, within 20 days of this Court's order. (Code Civ. Proc., §§ 2030.300 and 203...

Excerpt: ...JX Companies. The Court notes that Plaintiff has improperly added two new Defendants to her Complaint in violation of Code of Civil Procedure section 474. Further, insufficient facts are alleged against these two defendants to support any cause of action. Finally, Plaintiff has not made a compelling argument that she was truly ignorant of facts establishing a cause of action a gainst either Darla Casio or TJX Companies. Accordingly, the demurrer ...

Excerpt: ... penalty of $ 1,000 to the State Bar of California's Client Security Fund. (Code Civ. Proc., § 473, subd. (c)(1)(B).) Counsel is directed to lodge a formal proposed order for the Court's signature. The Court sets a mandatory appearance case management conference/trial s etting conference for A DATE IN DECEMBER in Department 21. Counsel for the moving party to give notice of the Court's ruling. This personal injury action arises from a slip -...