Excerpt: ...u wish t o 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 commun...

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: ...all 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. Requests for approval of a CourtCall appearance made on the morning of the hearing will not be granted. No ex ceptions will be made. With 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...

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...

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: ...stodian(s) of R ecords; Request for Documents at Deposition served on December 21, 2023, within 20 days of this ruling. Further, Defendant is required to pay to Plaintiff's counsel monetary sanctions in the amount of $1,860 within 20 days of this ruling. On November 7, 2 022, Plaintiff Juan Orozco Ponce aka Juan Orozco (“Plaintiff”) filed a Complaint against General Motors, LLC (“Defendant” or “GM”), alleging causes of action for (1)...

Excerpt: ...rt grants i n part and denies in part Plaintiff Kelli Wiedemier's request for an order taxing Defendants Thousand Oaks Surgery Center, LLC's and Virtuoso Medical Management, Inc.'s Memorandum of Costs. The Court denies Plaintiff's request to tax $520.50 from Item No. 1 in Defendants' Memorandum of Costs relating to Defendants' summary judgment motion. Defendants' summary judgment motion – although ultimately unsuccessful – was reasonably nece...

Excerpt: ...It indica tes that D was subserved on 6/17/20 at 226 Orange Ave., Suite 103 Coronado, CA 92118. D's default was taken on 8/26/20. A significant amount of time passed before a default judgment was filed on 6/16/23 in the amount of $200,634. An abstract of judgment was issued on 9/26/23. The current motion was filed on 2/29/24. Notice: Defective. Pursuant to CCP §1005(b) the motion should have been filed no later than 16 court days prior to th...

Excerpt: ...d. Defendants are ordered to provide objection free responses to the discovery within 20 days. Plaintiff is awarded $995 in monetary sanctions against defendant and its attorney of record, jointly and severally, for each of the three motions. The motion to deem admitted the requests for admissions is GRANTED as well, unless defendant can demonstrate at the hearing it has already served the plaintiff with a proposed response to the request for adm...

Excerpt: ...urther response to Reque sts for Production of Documents, Set Two (“RPD”), No. 24 (erroneously numbered as “No. 4”) and for $1,140 in monetary sanctions against Plaintiff and his counsel, jointly and severally. Tentative Ruling: Defendant's motion to compel a further response to R PD, Set Two, No. 24 is GRANTED. A further response, without objection, shall be served within 30 days. Defendant's request for monetary sanctions against Plaint...

Excerpt: ...etary sanction s is DENIED. The Complaint was filed on June 7, 2022, the First Amended Complaint on August 30, 2022, and the Second Amended Complaint (“SAC”) on December 29, 2022. Plaintiff Andrew Jones (“Plaintiff”) filed the claim against Defendants Southern Californi a Edison (“SCE”) and Jaime Frutos (“Frutos”) alleging causes of action for (1) unfair business practices, (2) negligent hiring and retention, (3) nonpayment of w...

Excerpt: ...or “PMK”) of Defendant Gen eral Motors, LLC (“Defendant” or “GM”), to produce documents requested in the notice of deposition, and for $2,250 in monetary sanctions against Defendant (opposed). TENTATIVE: GRANT. All objections to the request for documents are overruled, except as fol lows: Attorney-Client Privilege and Attorney Work Product: These objections should be preserved, but do not necessarily warrant denial of discovery. Defen...

Excerpt: ...mpton College Dis trict, 127 Cal.App.4th 954/962-963. Govt Code section 45264 establishes that Plaintiff is a classified employee of the District, even though her work is supervised by the Commission. Plaintiff's descriptions of her employment are consistent with the des cription of a classified District employee who worked as a Commission staff member. Her allegations qualify for inclusion under the continuing violation doctrine. Defendant doe...

Excerpt: ... the Februa ry 9, 2024 dismissal of this action vacated. An Order to Show Cause re: Default Judgment Packet is ordered calendared for April 9, 2024. Notice: OK (There is no proof of service attached to the motion. However, Plaintiff apparently was not required to ser ve its motion on either of the two named Defendants.1) On June 2, 2023, Plaintiff E & N Financial Services & Development, Inc. (“E&N”) filed a Complaint against Defendant Ruther...

Excerpt: ...red the merits of the motion, the motion is granted. Plaintiff's claims are ordered to arbitration, except that Plaintiff's representative claims are dismissed. Status conference re: arbitration is set for January 29, 2025 at 8:30AM. This case is stayed. Analysis: a. Threshold Issue – Applicability of the FAA and Preemption Defendant argues the arbitration agreement is governed by the FAA because (a) it states so in the agreement and (b) the ag...

Excerpt: ...uipped for Z oom. 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. 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, no notice of intent to appear is required. If you wish to submit ...

Excerpt: ...to the exist ence of a valid arbitration agreement to which the FAA applies. In accordance with Viking River Cruises, Inc. v. Moriana (2022) 142 S.Ct. 1906, Plaintiff's individual PAGA claim is severed from her representative PAGA claim and ordered to binding arbitrati on. Pursuant to the recent California Supreme Court decision in Adolph v. Uber Technologies, Inc. (2023) 14 Cal.5th 1104, pending the resolution of Plaintiff's individual PAGA clai...

Excerpt: ...on 1 cannot be det ermined since the Declaration of Josue Castillo was not received by the court. The scanned document titled Declaration of Josue Castillo is actually the Declaration of Jorge Coronado. Plaintiff's Request for Judicial Notice: The court denies Plaintiff's re quest for judicial notice of the Final Statement of Decision in the case Palomino v. Northrup Grumman, Case No. 19CV345534 as it is not relevant to the Court's decision here ...

Excerpt: ...omation, Inc.'s Motion for Summary Judgment is denied. There are triable issues of fact regarding Defendant's compliance with Labor Code section 226, subdivision (a) [DF 6 -8]; whether Plaintiff suffered injury under Labor Code section 226, subdivision (e) [DF 8]; and whe ther Defendant did knowingly and intentionally violated Labor Code section 226, subdivision (a) [DF 13]. Background: The FAC is a Class Action and pleads causes of action for (1...

Excerpt: ...$3,446.25 is GRANTED in part and is MOOT in part. The motion is moot as to Request for Admission Nos. 12, 17, 21, 23- 26, 28-34, and 48, based on Defendant's representation that further verified responses were served on March 1, 2024. The motion is granted as to the rem aining request for admissions. All objections are overruled with the exception of the attorney -client and work product objections. Defendant is ordered to provide code -complain...

Excerpt: ... Young's Motion to Compel Cross -Defendant Southern California Edison Company's Further Responses to Form Interrogatories, Set One is GRANTED as to Form Interrogatory nos. 4.1, 4.2, 12.6, 15.1, and 17.1, but DENIED as to Form Interrogatory no. 3.7. Cross -Defendant shall serve Defendant/Cross -Complainant with its Code -compliant supplemental responses to Form Interrogatories nos. 4.1, 4.2, 12.6, 15.1, and 17.1 by April 5, 2024. Sanctions are gra...

Excerpt: ...Zoom. If app earing 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. 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, no notice of intent to appear is required. If you wish to submit on the tent...

Excerpt: ...roduction of Documents, Set One, and $2,760 in sanctions. (Unopposed) (3) Plaintiffs' Motion to Have Matters Deemed Admitted, and $2,760 in sanctions. (Unopposed) (4) Plaintiffs' Motion to Compel Responses to Special Interrogatories, and $2,760 in sanctions. (Unopposed ) TENTATIVE: ALL GRANTED. Plaintiffs Benjamin R. Candelaria III's and Kimberly M. Thompson's Motion to Compel Defendant FCA US, LLC's Responses to Form Interrogatories (Set One) is...

Excerpt: ......

Excerpt: ...n 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. Requests for approval of a CourtCall appearance made on the morning of the hearing will not be granted. No exc eptions will be made. With 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 Judg...

Excerpt: ... 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. Requests for approval of a CourtCall appearance made on the morning of the hearing will not be granted. No exce ptions will be made. With 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...

Excerpt: ....220 or is unable to do so as provided by CCP 2031.230. the one exception is that in response to a particular request, Honda's further response may also set forth any privilege objections provided that a privilege log accompanies its further responses. Donlen, Doppe s and Santana allow the type of discovery being sought by Plaintiff. The language of the particular RFP's from the first set of discovery is not the same as the language in RFP's 1 a...

Excerpt: ...285 respect ively. Tentative Ruling: Provided substantially compliant responses have not been served on Plaintiff's counsel prior to the hearing, the Court intends to grant Plaintiff's unopposed Motions as requested, and to award monetary sanctions against Defendant a nd counsel jointly and severally in the amount of $500 per motion, for a total sanction award of $2000. Responses to the discovery requests are due, without objection, by April 12, ...