Excerpt: ...o Set Aside, 04/10/2018 stolo Tentative ruling for May 14, 2018 on RPI Best Choice Bail Bond's Motion to Set Aside Summary Judgment The court DENIES RPI Best Choice Bail Bond's Motion to Set Aside Summary Judgment. In People v Granite State Insurance Company (2003) 114 Cal.App.4th 758 the issue was whether the court could rule on a motion to vacate forfeiture after the exoneration period, and when summary judgment was properly triggered. ...

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: ...ULING FOR MAY 14, 2018 ON MOTION BY DEFENDANTS ZOETIS, INC & ANN BROWN FOR SUMMARY JUDGMENT OR SUMMARY ADJUDICATION OF ISSUES Note: Plaintiff's duplicate opposition papers filed 5‐8‐18 are stricken and shall be returned to counsel. Evidentiary Issues Defense separate statement of facts Undisputed: 3, 8, 12, 15, 18, 20, 23 & 25 Established: 2 (In 2011, Plaintiff attended the Animal Health President's Circle Trip with her partner, Maria...

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: ... 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‐mail at...

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 [email protected]...

Excerpt: ... as Counsel of Record, 04/13/2018 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 Ar...

Excerpt: ...ollowing 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 805‐477‐5894, stating that you ...

Excerpt: ... 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. 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...

Excerpt: ... 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 opp...

Excerpt: ...5/04/2018 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 805‐477‐58...

Excerpt: ...olo 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. 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 ca...

Excerpt: ... 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 e...

Excerpt: ...03/28/2018 stolo 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. With respect to the below scheduled tentative ruling, no notice of intent to appear is required. If you wish to submit on the tentative dec...

Excerpt: .../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 m...

Excerpt: ...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 Courtroom20ExPar...

Excerpt: ... 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‐mail at...

Excerpt: ...ore 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. 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...

Excerpt: ...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: Courtroom43...

Excerpt: ...udge 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: ...

Excerpt: ...2018 stolo 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. 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,...

Excerpt: ... 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: Courtroom4...

Excerpt: ...o be premature in light of the language in the court's 2/7/18 ruling. In the 2/7/18 ruling, Judge Baio denied Plaintiff's Application for Court Order of Sale, without prejudice, and also stated: "In the event the sale of the house is ordered and the house is sold, the Court will determine if plaintiff's request for the waiver of Sheriff fees for the recording and publication are to be waived." (See minute order dated 2/7/18.) ...

Excerpt: ...tion ‐ Other, 03/23/2018 stolo 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. With respect to the below scheduled tentative ruling, no notice of intent to appear is required. If you wish to submit on t...

Excerpt: ...n 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 Courtroom20ExP...

Excerpt: ...ication, 01/30/2018 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 notice of intent to appear is required. Parties wishing to submit on the tentat...

Excerpt: ... 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: Courtroom4...

Excerpt: ... 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: Courtroom4...

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: ...cation, 01/11/2018 stolo The Court intends to rule as follows: Sustain Defendant Simi Valley Medical Building Owners Association's ("Association") Objection No. 1. For the purposes of the present motion only, the Court finds that: (i) the Association's Material Facts Nos. 1‐8, 11, and 12 are undisputed and established; (ii) the Association's Material Facts No. 10 is disputed and established; (iii) the Association's Mater...

Excerpt: ...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. 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:...

Excerpt: ...9;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 the ...

Excerpt: ...ntends to rule as follows: Grant cross‐defendants' request for judicial notice. 2 nd c/a (breach of guaranty): The Court intends to 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 ...

Excerpt: ...er is only appropriate where the grounds for objection appear on the face of the complaint or from any matter of which the court is required to or may take judicial notice. CCP § 430.30(a). For the purpose of a demurrer, the court must treat all properly pleaded facts as admitted. Blank v Kirwan (1985) 39 Cal.3d 311, 318. Starbucks argues that cross‐complainants had options available to them to remedy L&B's complaints about traffic congest...

Excerpt: ...'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 t...

Excerpt: ...Pleadings, 03/21/2018 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 ...

Excerpt: ...principles may be applied to a given set of facts. ‐ First Cause of Action The court will SUSTAIN the demurrer to the first cause of action with leave to amend. It is only the recording of the notice or actually proceeding to sale which would violate the dual tracking statute. Aside from the May 5, 2017 notice of sale (RJN, Ex. D), no other foreclosure notices have been recorded and the sale has not gone forward. Plaintiff did not submit a loan...

Excerpt: ... 03/19/2018 stolo Tentative ruling for April 17, 2018 on Plaintiff Platinum Gymnastics' Petition to Vacate Arbitration Award Pursuant to CCP § 1286.2 and Request for De Novo Review Initially, the Court notes that defendant's opposition is timely and will be considered. Plaintiff's Request for Judicial Notice is GRANTED. Evidence Code § 452(h). The Court takes judicial notice of Plaintiff's Exhibits A‐E. Defendant's evident...

Excerpt: ... Tentative ruling for April 16, 2018 on Defendant K12 Inc.'s motion for summary judgment or, in the alternative, for summary adjudication Note: Plaintiff's failure to hard tab exhibits as required by Rule 3.1110(f)(3) created unnecessary extra work for the court in this case. Evidentiary Issues The court grants plaintiffs' request for judicial notice. Plaintiffs' objections: Plaintiffs object to Ms. Smith's attempts to authent...

Excerpt: ...OCUMENT/DATE FILED: Motion for Summary Judgment and/or Adjudication, 01/02/2018 stolo Tentative ruling for April 16, 2018 defense motion for summary judgment/adjudication Issue 1: Does the first cause of action fail because plaintiffs cannot establish Insperity was their employer? DENY. Assuming the Martinez test for joint employment applies, plaintiffs have apparently conceded the first two prongs so the only test applied here is the common law ...

Excerpt: ...OCUMENT/DATE FILED: Motion for Summary Judgment and/or Adjudication, 01/02/2018 stolo Tentative ruling for April 16, 2018 on Defendant Insperity PEO Services, LP's motion for summary judgment or, in the alternative, for summary adjudication Note: The parties' failure to adhere to the requirements of Rule 3.1350(d)(3) and Rule 3.1110(f)(3) in this case caused substantial excess work on the court's part. Evidentiary Issues The court ove...

Excerpt: ...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. 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 a...

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: ...ion ‐ Other, 03/15/2018 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 ...

Excerpt: ...tion ‐ Other, 03/13/2018 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...

Excerpt: ...UMENT/DATE FILED: Motion ‐ Other, 02/14/2018 stolo Tentative ruling for April 10, 2017 on Defendant's motion for sanctions The court DENIES Defendant's motion for sanctions based on the filing of this lawsuit in the name of an LLC on forfeited status. There has been no showing of objective bad faith. San Diegans for Open Government v. City of San Diego (2016) 247 Cal.App.4th 1306, 1318. The evidence merely shows an error first raised on...

Excerpt: ...ther, 03/08/2018 stolo Tentative ruling for April 10, 2018 on Defendant Dignity Health's Motion for Sanctions $15,360 in Monetary Sanctions and Issue Sanctions Against Plaintiff Patricia L. Lacy ("Plaintiff") for Failure to Comply With Second Court Order to Appear at Independent Mental Examination ("IME") by Defendant Dignity Health dba St. Joseph Regional Medical Center ("Defendant") Defendant Dignity Health dba St. J...

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. 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 c...

Excerpt: ...dgment and/or Adjudication, 01/24/2018 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 s...

Excerpt: ...lo 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. 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...

Excerpt: ...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‐mail at ...

Excerpt: ...o be premature in light of the language in the court's 2/7/18 ruling. In the 2/7/18 ruling, Judge Baio denied Plaintiff's Application for Court Order of Sale, without prejudice, and also stated: "In the event the sale of the house is ordered and the house is sold, the Court will determine if plaintiff's request for the waiver of Sheriff fees for the recording and publication are to be waived." (See minute order dated 2/7/18.) ...

Excerpt: ... 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 s...

Excerpt: ...e 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. 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 a...

Excerpt: ...uling for April 4, 2018 on Defendants' Demurrer and Motion to Strike Defendants MB Plaza West, LLC and Tourmaline Management, LLC's Requests for Judicial Notice are DENIED. (Evidence Code §452(d) and (h).) Defendants MB Plaza West, LLC and Tourmaline Management, LLC's Demurrer to Plaintiff's Complaint is OVERRULED. CCP § 430.10(e). In order to state a cause of action in conversion, a plaintiff must allege: (1) his or her ownersh...

Excerpt: ... Tentative ruling for April 4, 2018 on Trine Jensen's motion to quash service of summons of cross‐complaint The court GRANTS Trine Jensen's request for judicial notice. The court GRANTS Trine Jensen's motion to quash service of summons of cross‐complaint filed by defendant Kari Jensen. It is undisputed that Trine is a Utah resident. No authority is presented in support of the argument that being appointed guardian ad litem for a C...

Excerpt: ...il 4, 2018 on Plaintiff's motion for judgment on the pleadings The court DENIES Plaintiff's motion for judgment on the pleadings as to Defendants' Answers to the 1 st , 7 th, 16th, 21st , and 25th causes of action on the ground that failure to state a claim is not a valid affirmative defense. This affirmative defense is valid and one that Plaintiff herself used in her answer to the second amended cross‐complaint. The court GRANTS th...

Excerpt: ...urrer to the Third Cause of Action in the Complaint (Opposed); (2) Motion to Strike Portions of the Complaint Defendants Patrick Comerford, Michael Weidmann, and Angela Weidman's demurrer for failure to state a claim to the third cause of action for intentional infliction of emotional distress is SUSTAINED WITH LEAVE TO AMEND. Plaintiffs fail to allege sufficient facts to support extreme and outrageous conduct by Defendants and severe emotion...

Excerpt: ...ims that the defendants use of a company truck nullifies the normal exemption from the going and coming rule, i.e. defendants were covered by workers compensation (and thus nor eligible for underinsured motorist benefits). That is an oversimplification. Use of an employers vehicle does not per se keep the employee in the course and scope of his/her employment. Was the vehicle provided on a regular basis? Was it part of the employment agreement? T...

Excerpt: ...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‐mail at ...

Excerpt: ...r and Morgan Kaczor's Motion to Strike Punitive Damages From Plaintiff's Complaint is DENIED. CCP § 435 et seq. The Complaint alleges facts sufficient to support a finding that defendants engaged in despicable conduct with a willful and conscious disregard of the rights or safety of others. Taylor v Superior Court (1979) 24 Cal.3d 890, 896. Accordingly, the motion is denied. Defendants to answer within 10 days. ...

Excerpt: ...FILED: Motion to Compel, 02/20/2018 stolo Tentative ruling for March 29, 2018 on Motion by Cooper and Defendant/Cross‐Defendant Millennium Generation, Inc. dba Millennium Fire Protection ("Millennium") (collectively, "Millennium Parties") to Compel SCI to Provide Further Responses to Requests for Production of Documents, Set Two ("RPD") Nos. 13‐17, and for Issue, Evidentiary, and/or $2,997 in Monetary Sanctions The cou...

Excerpt: ...e 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...

Excerpt: ...tative ruling for March 29, 2018 on Defendant Brooks' Motion to Quash The court overrules Plaintiff's evidentiary objections. The court grants Defendant Brooks' Motion to Quash the deposition subpoena issued by Plaintiff McGillivray purporting to set a deposition in Ventura County of Defendant Brooks' person most qualified. The reasoning and analysis set forth in this Court's February 21, 2017 minute order remains controlling....

Excerpt: ...n 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 20@v...

Excerpt: ... 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 [email protected] ...

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 J...

Excerpt: ...ction by Plaintiff Boulder Valley Transfer, Inc. The court GRANTS all requests for judicial notice. MSWT2, Tanner and Shenkel's objections are OVERRULED. Plaintiff's motion for a preliminary injunction is GRANTED. Plaintiff has shown a likelihood of prevailing on the merits of each cause of action and that the interim harm that would be sustained by Plaintiff if injunctive relief is denied would outweigh harm that would be sustained by th...

Excerpt: ...ition of defendant, Lucila Ortiz‐Barron, M.D.("Dr. Ortiz‐Barron"), to compel binding arbitration and to stay the action of plaintiffs, Jessica Nelson and Bryan Carpio ("plaintiffs"), against her for medical negligence. Dr. Ortiz‐Barron has failed to meet her burden of proving the existence of a valid, binding agreement to submit any claims plaintiffs have against Dr. Ortiz‐Barron arising from the pre‐natal care and deliv...

Excerpt: ...02/28/2018 stolo The Court intends to GRANT Defendant Bank of Sierra's Application to Expunge Lis Pendens. CCP § 405.32. Plaintiffs have not established the probable validity of their claim. Looking the purchase agreement, the escrow instructions and modifications, the Court sees that the purchase agreement provides for wire transfer of funds for the initial deposit, in that the boxes for cashier's check, personal check, or other were no...

Excerpt: ... 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. 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...

Excerpt: ...31/2018 stolo The Court GRANTS the motion of purported Doe defendant, Dell'Oro Marco ("Dell'Oro") to quash service of the summons and complaint of plaintiff, Carlos Reyes ("Reyes"), in this personal injury/product liability action. The facts of this action are summarized in the Court's ruling denying a similar motion by defendant E.M. s.r.l. ("E.M.") on June 27, 2017. Plaintiff alleges that Dell'Oro, a smal...

Excerpt: ... 01/10/2018 stolo The Court DENIES the motion of defendant, Dustin Sanchez, M.D. ("Dr. Sanchez"), for summary judgment, or in the alternative summary adjudication of claims or issues, as to the first amended complaint of plaintiff, Julio Ayala ("Ayala"). The Court finds the following purported Undisputed Material Facts ("UMF") are materially undisputed: 1‐10, 12‐20, 22‐24. The Court finds the following UMFs are mater...

Excerpt: ...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 to ...

Excerpt: ...Compel, 02/23/2018 stolo 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. With respect to the below scheduled tentative ruling, no notice of intent to appear is required. If you wish to submit on the tenta...

Excerpt: ...Deny motions, without prejudice to plaintiff's right to propound new discovery covering the same materials if he so desires. The current motions were filed on February 2, 2018. That same day the court took plaintiff's motion to reopen discovery under submission. On February 5, 2018, the court granted plaintiff's motion to reopen discovery. However, this subsequent reopening of discovery does not cure the defects inherent in the curren...

Excerpt: ...WITH LEAVE TO AMEND Defendant's demurrer for failure to state a claim to the first cause of action. CCP section 340.5 applies to this claim. The complaint discloses that Plaintiff knew of should have discovered her injury and wrongful cause by August 2, 2016, thereby triggering the shorter 1‐year statute of limitations. (See CCP, § 340.5, subd. (a).) Plaintiff does not allege facts to support delayed discovery or tolling under CCP section ...

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: ... The Court intends to Deny the motion for clarification as to status of government claim. Plaintiff has cited no statutory or case law authority by which the court is to "clarify" the status of his tort claims. Plaintiff seeks alternative relief under Gov't Code §946.6. However, Plaintiff has filed a complaint and a first amended complaint in this action, thus Plaintiff has already availed himself of the relief that he would be entit...

Excerpt: ...th leave to amend. In the First Amended Complaint, Plaintiff asserts one cause of action: Health and Safety Code §1278.5. To state a cause of action for §1278.5, a plaintiff must show that he: (1) engaged in protected activity under the statute; (2) he was thereafter subjected to an adverse employment action; and (3) a causal link between the two. Mendiondo v. Centinela Hospital Center, (9th Cir. 2008) 521 F3rd 1097, 1105. Plaintiff alleges tha...

Excerpt: ...intends to Deny the motion to stay. The moving party has not made a compelling argument that a stay is warranted. A stay of proceedings is an equitable remedy, the issuance of which rests in the Court's discretion. (See, e.g., Webster v. Sup. Ct. (1988) 46 Cal.3d 338, 345.) "Trial courts generally have the inherent power to stay proceedings in the interests of justice and to promote judicial efficiency." (Freiberg v. City of Mission V...

Excerpt: ...on for Judgment Not Withstanding the Verdict, 02/01/2018 stolo The Court intends to DENY the motion for judgment notwithstanding the verdict. The motion was not timely made. The notice of motion was served on plaintiffs' counsel more than 15 days after notice of entry of judgment was served on moving parties. Regardless, the motion cannot be granted as to defendant MOGA because that party is a corporation which must be represented by an attor...

Excerpt: ...endants, Nationstar Mortgage LLC, U.S. Bank, N.A., as Trustee for Lehman XS Trust Mortgage Pass‐Through Certificates, Series 2005‐5N, and XOME, Inc. ("defendants" collectively) to the complaint of plaintiff, Felicia Tuitama ("plaintiff"). The Court GRANTS the Request for Judicial Notice of defendants and considers the litigation history of this matter in the federal courts. The defense of res judicata/collateral estoppel is no...

Excerpt: ...her, 02/02/2018 stolo Petitioner appears to meet the definition of a newspaper of general circulation. However, a few things have technically deviated from the statutory requirements. First, technically the court should not have set the hearing on the petition until after proof of publication was submitted to the court. Gov. Code §6022. [This seems a little odd since publication is normally meant to give notice of the hearing and it also seems i...

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: ...o The Court intends to rule on the motion to compel further responses to requests for production as follows: RFP 3: GRANT in part. Plaintiff's response is defective. However, the response refers to a witness statement taken by his investigator and that is entitled to at least qualified privilege. It was defendant's burden to show that denial of its request will unfairly prejudice it or will result in an injustice. Since defendant did not ...

Excerpt: ...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 805‐477‐5894, s...

Excerpt: ...Corporation dba Peck Arco ("Peck") to the complaint of plaintiff, Donald G. Hughes ("Hughes"). In ruling on a demurrer, the Court treats all properly pleaded facts in the complaint as admitted. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318, 216 Cal.Rptr. 718, 703 P.2d 58.) The demurrer is limited to the four corners of the complaint and any additional facts which are properly the subject of judicial notice. (Code of Civ. Proc., § 43...

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

Excerpt: .../2018 stolo The Court intends to Sustain Without Leave to Amend the Demurrer to causes of action 3 ‐ Breach of contract, 4 ‐ Declaratory relief & 5 ‐ Breach of contract and bad faith. Plaintiff has plead insufficient facts to state a cause of action and pursuant to Moradi‐Shalal v. Fireman's Fund Ins. Companies (1988) 46 Cal. 3d 287, 308, Plaintiffs cannot state facts sufficient to state any cause of action. Contrary to Plaintiffs'...

Excerpt: ...s before the Court for hearing on the renewed motions for approval of good faith settlements pursuant to Code of Civil Procedure section 877.6 of the following defendants: (1) Anita Hidalgo Newcomb and Jose Pascual ("Newcomb" and "Pascual"); and (2) Francisco's Fruits, Inc., and MMFG, LLC. ("Francisco's" and "MMFG") The renewed motions are opposed by defendants and cross‐complainants, Flat Creek Transport...

Excerpt: ...rt will GRANT partial relief by way of peremptory writ. The statement that today the City of Oxnard has a balanced budget has been shown by clear and convincing evidence to be false; the FY 2017‐2018 budget is not balanced. The statement that the City of Oxnard has the first clean audit in decades has also been shown by clear and convincing evidence to be false; the City has had clean audits within the past decade. The court DENIES the petition...

Excerpt: ...8 stolo Defendant Brighton Collectibles, LLC's Motion to Compel Further Responses to Requests for Production, Set Two The court DENIES Brighton Collectibles, LLC's Motion to Compel Further Responses to Requests for Production, Set Two. The documents requested in Requests 9 and 10 are not relevant to the issues raised in the complaint and involve Plaintiff's right to privacy. (CCP § 2031.310.) Therefore, this motion is denied in its e...

Excerpt: ... quash service of summons CAUSAL DOCUMENT/DATE FILED: Motion to Set Aside, 11/28/2017 stolo The Court intends to Deny the motion to set aside based upon Code of Civil Procedure §473(d). The Court intends set aside the default based upon Code of Civil Procedure §473(b). The Court intends to Deny the request to quash the service of summons. The evidence establishes that there was a defect with the substituted service. Joseph Janik could reasonabl...

Excerpt: ... Motion ‐ Other, 01/30/2018 stolo 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. With respect to the below scheduled tentative ruling, no notice of intent to appear is required. If you wish to submit o...

Excerpt: ...ant fires her for a non‐discriminatory reason, i.e. he has eliminated her position. Plaintiff contends that she was fired for "associational" discrimination, i.e. spending time with her disabled mother. Plaintiff does not offer evidence to raise a triable issue of fact as to the reason for the termination of her employment. Defendant's evidence as submitted with its reply is not considered. It should have been part of the moving pap...

Excerpt: ... Motion ‐ Other, 01/30/2018 stolo 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. With respect to the below scheduled tentative ruling, no notice of intent to appear is required. If you wish to submit o...

Excerpt: ...She had 100 days from that date to file a motion to vacate the award. That was not done. This motion is a collateral attack on the arbitration award. Furthermore, there is no showing of a defense on the merits to the award. ...

Excerpt: ...D Schwetz' motion to vacate 'tentative' decision. D's claim that the decision was not consistent with the undisputed evidence submitted at trial was not substantiated as D presented no evidence that reflects what was or was not 'undisputed'. D's claim that P didn't establish the elements to support causes of action 1‐3 is an insufficient evidence argument, not a CCP 663 argument. D's argument about the Court ...

Excerpt: ...: Demurrer, 01/22/2018 stolo 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. With respect to the below scheduled tentative ruling, no notice of intent to appear is required. If you wish to submit on the t...