Excerpt: ...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 Cou...

Excerpt: ..., 12/05/2018 stolo Tentative ruling for December 31, 2018 on Defendant Hugh N. Dallas' demurrer to complaint or in the alternative motion to strike complaint. The court overrules Defendant Hugh N. Dallas' demurrer and denies his alternative motion to strike. Defendant has failed to comply with CCP § 430.60, CRC §3.1320(a) and CRC 3.1322(a). Beyond that, a demurrer is limited to the face of the complaint and any matter of which the court...

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: ...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 mu...

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: ...rding 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...

Excerpt: ...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 secretary, Denise Arreola, at 805‐477‐5894...

Excerpt: ... to Grant,in part, the motion for attorney's fees and costs. The Court intends to Deny defendant's request for judicial notice, rendering plaintiff's objections thereto moot. Total expenses, costs and fees are awarded in the amount of $14,709.31. Reasonable fees are set at $13,105.00 ($7,437.50 for the Knight Law Group and $5,667.50 for Hackler Daghighian Martino & Novak) with no multiplier applied. While plaintiff's counsel obtai...

Excerpt: ... Other, 11/16/2018 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 s...

Excerpt: ...tive 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 telefax m...

Excerpt: ...ll 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 th...

Excerpt: ... for Judgment on the Pleadings, 11/21/2018 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, ...

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. 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...

Excerpt: ...n to compel is GRANTED IN PART and DENIED IN PART as follows: Plaintiff's motion to compel further responses to RPD Nos. 16‐20 and 31‐39, and a privilege log, is GRANTED. The relevance, overbroad, undue burden, and oppression objections are overruled. Defendants' privacy/confidential information objections should be overruled, without prejudice to their ability to bring a code‐compliant motion for a protective order. The attorney‐...

Excerpt: ...olo Tentative ruling for December 14, 2018 on Defendant Karmen Karapanian's motion to enforce court order to compel arbitration and for sanctions The court DENIES Defendant Karmen Karapanian's motion to enforce court order to compel arbitration on the ground the court lacks jurisdiction. "Once a court grants the petition to compel arbitration and stays the action at law, the action at law sits in the twilight zone of abatement with th...

Excerpt: ... 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 at:...

Excerpt: ...rotective Order, 11/07/2018 stolo Tentative rulings for December 13, 2018 on Plaintiff Norma Gonzalez's motions for: 1) a Protective Order Regarding Depositions of Unnamed Class Members and 2) Summary Adjudication Motion for Protective Order Plaintiffs' motion for protective order is granted in part. Defendant may depose up to 200 employees concerning meal breaks (Labor Code §512 issue) and employer name on wage statement (Labor Code §2...

Excerpt: ...s: Defendants' request for judicial notice is GRANTED. Plaintiff's request for judicial notice is GRANTED. Defendants' motion to strike portions of the FAC is DENIED. Defendants cite no California legal authority holding that a claim for PAGA and Labor Code penalties cannot be based on a commissioned employee's claim to be entitled to compensation for "non‐productive" time other than rest breaks. For purposes of ruling o...

Excerpt: ...ows: Deny motion to quash. Deny defendant's request for sanctions. Plaintiff Shana Dawn Goodro's Motion to Quash the Deposition Subpoena of Julie Kelly is DENIED. CCP § 1987.1. Defendant is entitled to take the deposition of Ms. Kelly. Defendant has agreed that plaintiff is not making a loss of earnings claim. Defendant only seeks to inquire about the physical nature of plaintiff's job from Ms. Kelly. As plaintiff's immediate sup...

Excerpt: ...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 Cou...

Excerpt: ... 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: ...aint The court sustains Defendant Kaplan's Demurrer to Complaint without leave to amend. When a dog is not redeemed by its owner within the statutory time period, the dog is available for adoption. (See Food and Agriculture Code §31108.) Plaintiffs admit that Defendant adopted the dog at issue from the Ventura County Animal Shelter, without any allegation the statutory procedure was not followed. (Complaint at ¶8.) Consequently, Plaintiffs ...

Excerpt: ...ack Angus Steakhouse's Motion for Order Compelling Answers to Deposition Questions The court denies Defendant Black Angus Steakhouse's Motion for Order Compelling Answers to Deposition Questions. CCP §§ 2017.010 and 2025.480. The specific questions at issue here are insufficiently focused on the relevant incident date or time frame, and are therefore not reasonably calculated to lead to the discovery of admissible evidence. Colonial Lif...

Excerpt: ...ed 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: ...30, 2018 on Plaintiff's Motion for Summary Adjudication 2nd cause of action for violation of Labor Code § 226(a) (Wage Statement Violations) Grant motion as to violation of Labor Code 226(a)(8), not including its full employer name on its wage statement because it listed its name on the wage statements as "B&S Plastics Waterway Plastics" instead of showing its legal entity name of "B&S Plastics, Inc." Section 226(a)(8) requir...

Excerpt: ...er, 10/02/2018 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: ...tion to Strike or Tax Costs, 10/23/2018 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 ...

Excerpt: ...dge 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: ... 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 that you submit on the tentative, a...

Excerpt: ...on 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 fax ...

Excerpt: ...tion for Reconsideration, 09/20/2018 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 sub...

Excerpt: ...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 telefax must be sent t...

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 Courtr...

Excerpt: ...cedures: 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@ventura...

Excerpt: ...ve 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 telefax mus...

Excerpt: ...tive 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 telefax m...

Excerpt: ...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, stating that...

Excerpt: ...o 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 so not...

Excerpt: ...ter comes before the Court on the motion of defendant Dignity Health dba St. John's Pleasant Valley Hospital ("Dignity/SJPVH) for summary judgment and/or summary adjudication of issues as to the complaint of plaintiff, Virginia Hoover ("Hoover") in this employment/wrongful termination case. The Court has read and considered the pleadings, declarations, and exhibits filed by the parties in support and opposition. The Court finds th...

Excerpt: ...to rule as follows: The Court intends to Grant the motion to compel answers to deposition questions, in part. Initially, the Court notes that the motion is untimely per CCP § 2025.480. However, a timely opposition has been filed which does not address this issue. As such, this motion will be considered on the merits. Plaintiffs' Motion for Order Compelling Answers to Deposition Questions is GRANTED IN PART. CCP § 2025.480. The burden is on ...

Excerpt: ...t aside default. The motion is, in essence, a renewal motion to an identical motion heard on 12/29/17 and denied. The present motion does not comply with CCP 1008. It is not made under Section 1008, and accordingly, there is no affidavit showing what application was made before, when and to what judge, what order or decisions were made, and what new or different facts, circumstances, or law are claimed to be shown. Defendant also does not provide...

Excerpt: ...g. 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 telefax must be sen...

Excerpt: ...lendar 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...

Excerpt: ...6/2018 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,...

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: ...llegations that defendants failed to advise her to consult with independent counsel and her requests for punitive damages. The Court intends to DENY the remainder of the motion to strike. Defendants' reliance on Loube v. Loube (1998) 64 Cal.App.4th 421, is misplaced. Here, plaintiff is not seeking damages that exceed the actual damages she incurred. Plaintiff and Edward entered into a stipulated judgment whereby plaintiff was to receive the b...

Excerpt: ...to the joinder by Defendant Mueller, the Court intends to Overrule the motion for joinder. Mueller had no legal argument in his support of joinder. He does not stand in the same position as the moving Defendants who are prior owner/employers of Mueller and Cortez. Mueller and Cortez were still employees of the new owners when the incident occurred. As to the demurrer, the Court intends to sustain the demurrer of the moving Defendants to the third...

Excerpt: ... 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, you...

Excerpt: ... Grant Plaintiff's Motion for Relief from Jury Payment Deadline. CCP §631(g). Both parties' actions throughout the litigation establish that they proceeded with the understanding that the case would be heard by a jury. Defendant has failed to show prejudice. The Court intends to Deny Plaintiff's Motion for Leave to File Second Amended Complaint. Plaintiff's counsel's actions are extraordinarily untimely. Plaintiff's couns...

Excerpt: ...troom 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 telef...

Excerpt: ...he Court intends to rule as follows: Sustain Defendants CarMax Auto Superstores West Coast, Inc.'s ("CarMax Auto West Coast") and CarMax Business Services, LLC's ("CBS") evidentiary objections to Plaintiff Ariana Mora's evidence submitted in opposition to Defendants' motion as to Objection No. 1. Overrule Defendants' remaining Objections to Plaintiff's evidence. Find, for the purposes of this motion only, t...

Excerpt: ...2018 stolo The Court SUSTAINS the demurrer of defendants Mile Grbic and Santa Paula Materials, Inc. ("Grbic and SPM") to sixth (conversion) and seventh (conspiracy) causes of action of the second amended complaint of plaintiff Steven W. Loftis ("Loftis") WITHOUT LEAVE TO AMEND. The demurrer to the first cause of action for suit on a judgment pursuant to Code of Civil Procedure section 683.050 is rendered moot as a result of Loftis...

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@v...

Excerpt: ... stolo The matter comes before the Court for hearing on the motion of defendant, David Patrick ("Patrick"), to compel plaintiff, Darren Nali ("Nali"), to submit to a second session of his deposition and respond to questions as to which Nali's attorney had lodged privacy objections and instructed Nali to not answer during the first session of the deposition. The Court GRANTS the motion in part and DENIES it in part. Although Pa...

Excerpt: ...ive Order, 01/26/2018 stolo Tentative ruling for February 27, 2018 on Plaintiff/Cross‐ Defendant Waynett Singleton's Motion for a Protective Order and Defendant Call Me Van Lines, Inc.'s Motion to Compel Further Responses to Requests for Admissions (Set No. 1) The court grants Plaintiff/Cross‐Defendant Waynett Singleton's request for a protective order; requests for admission 36‐ 186 need not be answered. Defendant/Cross‐Compl...

Excerpt: ...ss‐complainant Country Oaks Associates, LP to compel deposition and for sanctions (unopposed) is DENIED without prejudice. The notice of the motion is defective. Electronic service of a document is authorized when a party has agreed to accept service in that manner. (CCP § 1010.6(a)(2).) A party indicates that the party agrees to accept electronic service by: (A) Serving a notice on all parties that the party accepts electronic service and fil...

Excerpt: ... Motion to Set Aside Default, 01/10/2018 stolo Please Note: Effective 2/13/18, this case is assigned for all purposes to Judge Matthew P. Guasco in Courtroom 20. The matter comes before the Court for a hearing on the motion of defendant, Lawrence Bass ("Bass") for relief from the default that was entered against him on December 6, 2017. The motion is opposed by plaintiff, Sandy Keaser ("Keaser"). Preliminary disclosure by judge: W...

Excerpt: ...lendar 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...

Excerpt: ...Judgment and/or Adjudication, 12/11/2017 stolo Defendant Argo Tractors S.p.A's Motion for Summary Judgment and/or Adjudication The court grants Defendant Argo Tractors S.p.A's Motion for Summary Judgment. Defendant's evidentiary objects are all sustained. Moving Defendant has met its burden under CCP 437c(o)(2) of showing that Plaintiffs cannot establish the elements of a cause of action for strict products liability, negligent produc...

Excerpt: ...ning 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 an e...

Excerpt: ...d Default Judgment, 01/09/2018 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 ...

Excerpt: ...essor administrator of the Estate The Court sustains, without leave to amend, Defendant's demurrer to the second cause of action for Enforcement of Judgment. The First Amended Complaint seeks to recover on the Jackson Life policy. There is no allegation that the Judgment, which addressed only the Provident policy, was amended to include the Jackson Life policy. The demurrer to the first cause of action is overruled, because Defendant has conc...

Excerpt: ...D: Motion ‐ Other, 01/10/2018 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 Arre...

Excerpt: ...01/24/2018 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: ...n and Hearing for Right to Attach Order and Writs of Attachment, 12/04/2017 stolo Tentative ruling for February 20, 2018 on Plaintiff's Applications for Right to Attach Order and Order for Issuance of Writ of Attachment against Defendants Loya and TSX The court grants Plaintiff's Application for Right to Attach Order against Defendant TSX and sets the amount of the undertaking at $10,000. The requirements of CCP §484.090 have been met an...

Excerpt: ...uest for judicial notice is GRANTED. Porat's demurrer for uncertainty is OVERRULED. Porat's demurrer for failure to state a claim to each cause of action in the FAXC is SUSTAINED WITH LEAVE TO AMEND. Cross‐Complainants cannot state a claim against Porat based on his alleged ownership or status of a buyer of the property because the grant deed shows that the allegation is false. The courts will not close their eyes to situations where th...

Excerpt: ...o Motion to compel further answers to form interrogatories: Deny as to 2.3 and 2.4 ‐ Possession of a drivers license has no apparent relevance in a wrongful death action; Deny as to 3.6 and 3.7 ‐ this is a wrongful death action. A dba or a corporation cannot be an heir, so no apparent relevance; Deny as to 11.1 and 11.2 ‐ no apparent relevance as to whether a wrongful death heir has previously filed an action to recover damages for injury t...

Excerpt: ...ntends to Grant RJN of moving party. (Ev. Code § 452.) The Court intends to Grant the motion of defendant Carmax Auto Superstores West Coast, Inc. to strike plaintiff Ariana Mora's Amendment to Complaint – Incorrect Name in its entirety as irrelevant, improper, false and contrary to law. (CCP §§ 435, 436.) CCP 474 provides: § 474. Defendant designated by fictitious name; amendment; requirements for default judgment; notice to person ser...

Excerpt: ...by the statute of limitations at CCP § 340.5 and plaintiff has not plead around the bar. The Court intends to Deny leave to amend unless plaintiffs can demonstrate how she can amend. Discussion: Demurrer 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 p...

Excerpt: ...ther, 01/17/2018 stolo The Court intends to Grant the motion to conduct discovery of defendant's assets. Initially, the court notes that the evidentiary objections filed by Defendant are overruled in their entirety. Plaintiffs have established a 'substantial probability' of prevailing on a claim for punitive damages. The disclosure of the financial condition is limited to Plaintiffs' attorney only. "Even if discovery is ordere...

Excerpt: ...Grant Defendant's motion to set aside default and default judgment. The Court intends to order the Defendant to file and serve his answer. Discussion: CCP Section 473.5: When service of a summons has not resulted in actual notice to a party in time to defend the action and a default or default judgment has been entered against him or her in the action, he or she may serve and file a notice of motion to set aside the default or default judgmen...

Excerpt: ...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: ..." to accept the court's explanation for its ruling. (Murray dec., ¶ 3). At the hearing, the court "inquired of Mr. Maciejewski if he had any evidence or could make any other allegations that would provide the Court with a reason to give him leave to amend. [], he admitted he could not." (Murray dec., ¶ 6). Leave to amend was denied on 8/31/17. It appears that plaintiffs' law firm gave the file to another attorney, Sheri Kane...

Excerpt: ...t intend to Deny the motion for summary judgment. The Court intends to Deny summary adjudication of issue (1) "There is no triable issue of material fact on the 1 st or 2 nd causes of action of plaintiff's complaint for premises liability and negligence, as plaintiff's exclusive remedy is recovery through the workers' compensation scheme pursuant to Labor Code section 3602." In undisputed material facts nos. 3‐8, movant MGR ...

Excerpt: ...: Motion to Set Aside Default, 01/12/2018 stolo The Court intends to Grant the motion to set aside the default. There are no "gotchas" and no cheap judgments. Plaintiff indeed filed the request for default at the first moment after the 30 days ran ‐‐ the 1 st court day after Christmas. This all but tripping over the threshold to enter such a default, while allowed by the code is unssemly. 1. Landscape: CCP 473(b) provides a court is e...

Excerpt: ...9; motion for summary judgment/summary adjudication is denied. Defendants have met their initial burden by presenting evidence to negate the essential elements of breach of duty and causation. (See Defendants' UMF 5‐17, 22‐34, 39‐51, 56‐68 and 73‐85: Ex. C [Garcia depo]; Ex. D [Curtis depo]; Ex. e [Wright depo]). Specifically, Defendants' evidence is sufficient to show that Garcia did not breach his legal duty or cause the subje...

Excerpt: ...or judgment on the pleadings. Deny motion. There have been three demurrers in this case. In ruling on one of them in November of 2016, the court found that the cause of action for fraud did not state a cause of action, but that the remaining causes of action (which are the subject of this MJOP) did allege facts sufficient to maintain the various causes of action. CCP 438(g) requires that a moving party allege new facts or new law to reexamine a c...

Excerpt: ...ion to compel arbitration Grant respondent's request for judicial notice. Overrule respondent's objections for purposes of this motion only. DENY petition to compel arbitration. The petition does not contain a statement of facts showing the existence of an arbitrable controversy. Contrary to petitioner's argument, the parties did not agree to arbitrate "all issues between the parties ever existing up to the point of arbitration.&#...

Excerpt: ...e 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 email to the court at: Cour...

Excerpt: ... intends to Deny the motion for leave to file a second amended complaint. The proof of service attached to the motion has not been signed. Regardless, the motion was not timely filed and/or served. CCP § 1005(b). In order to be timely, the motion had to be filed by 1‐18‐18 and mail served by 1‐13‐18. The motion was filed late on 1‐25‐18 and mail served late on 1‐20‐18. Further, the moving papers do not comply with California Rule...

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: ...ve ruling for February 8, 2018 on Demurrer to Complaint Sustain demurrer to complaint without leave to amend on grounds of failure to state facts sufficient to constitute a cause of action and uncertainty. (CCP § 430.10(e), (f).) Grant defendants' Request for Judicial Notice of the claim for damage or injury filed with the County by Lamont Delwin Pearson on August 22, 2017 (and noted received by the County on August 23, 2017). California law...

Excerpt: ...12/28/2017 stolo Tentative ruling for February 7, 2018 on Cross Defendant Melgoza's Motion to Compel Responses to Form Interrogatories – Construction Litigation (Set One) Grant Cross‐Defendant Melgoza's motion to compel responses to Form Interrogatories – Construction Litigation (Set One). Mr. Melgoza a party to the action, brought in by way of cross‐complaint and entitled to propound discovery and receive responses. (CCP § 2030....

Excerpt: .../05/2018 stolo The Court intends to rule as follows: Compel as to 5, 8, 18, 19, 20, 26, 31, 32, 33. As a general matter, Plaintiff must produce documents even if he believes that Ralphs or its insurance carrier has the documents (5, 18). Defendant is entitled to notes, memoranda regarding the incident (8), correspondence that Plaintiff had with Defendant's representatives (31), correspondence that Plaintiff had with the manufacturer of the ce...

Excerpt: ...ts requested by Defendant Melgar, Nos 1 – 3, 7‐11. The Court intends to: 1. SUSTAIN, with leave to amend, Defendant's demurrer to the 2d Cause of Action: Violation of California High Mortgage Law. Plaintiff pleads that the kumquat property was rented to a tenant, taking the property out of the definition of "covered property" for purposes of this law. 2. In all other respects, the demurrer is overruled. CCP § 430.10 (e), (f). ...

Excerpt: ...r, 01/09/2018 stolo The Court intends to Deny the Motion. CCP §916. The Motion necessarily embraces and would be affected by Plaintiff's appeal from the Court's 1/11/18 Orders. Under section 916 the trial court is divested of subject matter jurisdiction over any matter embraced in or affected by the appeal during the pendency of that appeal. The effect of the appeal is to remove the subject matter of the order from the jurisdiction of th...

Excerpt: ...D: Motion to Compel, 01/05/2018 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...

Excerpt: ... you wish to submit on the tentative decision, you may submit a telefax to Judge Baio's secretary, Art Alvara at 805‐477‐5892, stating that you submit on the tentative. Do not call in lieu of sending a telefax, nor should you call to see if your telefax has been received. If you submit on the tentative without appearing and the opposing party appears, the hearing will be conducted in your absence. COURT'S TENTATIVE RULING OPERATIVE DO...

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 the t...

Excerpt: ...ing 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: ...Defendants XP Systems and Fiserv move for summary judgment and/or summary adjudication of issues. Tentative is to deny. The factual background of this personal injury case is that plaintiff Christopher Clanton fell through a skylight on a construction site. Defendants XP and Fiserv, the owners of the property, move for SJ/SAI based on Privette, and move alternatively for SAI on their lack of duty for the open and obvious condition (a skylight) wh...

Excerpt: ...t on the tentative decision, you may submit a telefax to Judge Baio's secretary, Art Alvara at 805‐477‐5892, stating that you submit on the tentative. Do not call in lieu of sending a telefax, nor should you call to see if your telefax has been received. If you submit on the tentative without appearing and the opposing party appears, the hearing will be conducted in your absence. COURT'S TENTATIVE RULING OPERATIVE DOCUMENT Defendant A...

Excerpt: ...hiring and supervision because the plaintiff has alleged insufficient facts. While Plaintiff alleges that Moving Party was negligent in hiring Defendant Aguilar, Plaintiff does not allege that Aguilar was working at the time he hit Plaintiff or that driving a truck is part of his job. Plaintiff's counsel to clean up the typographical errors, that includes sticking in the names of entities that are not parties to this action. 2nd amended compl...

Excerpt: ... 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 an email...

Excerpt: ...el of Record, 01/09/2018 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...

Excerpt: ...e motion was not timely mail served per CCP § 1005(b), the Court intends to consider the motion on it's merits as a timely opposition and reply have been filed/served. The Court intends to Deny Defendants' motion to compel further responses to depositions. CCP § 2025.480. The Court intends to Grant Plaintiffs' request for sanctions. CCP § 2025.480(j). The Court intends to award sanctions against defense counsel Jennie Hendrickson i...

Excerpt: ..., 01/04/2018 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 email ...

Excerpt: .../2017 stolo The Court intends to Deny Respondents Scott and Hillary Lipsig's petition to vacate the January 19, 2017 Arbitration Award, on the ground that the request to vacate the Award is time‐barred because it was (i) not filed within 100 days of service of the Award on Respondents (see Code of Civil Procedure §1288); and (ii) not filed within 10 days of Petitioner K.O. Remodeling, Inc.'s service on Respondents of its petition to co...

Excerpt: ...L DOCUMENT/DATE FILED: Motion ‐ Other, 12/18/2017 stolo The Court intends to DENY the Defendant's motion for costs. While there were several significant failures on plaintiff's part in this matter and defendant ultimately prevailed on summary judgment, ultimately the evidence demonstrates that plaintiff brought and maintained this action in the good faith belief in the action's justifiability and with objective reasonable cause. The...

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