Excerpt: ... The law and motion calendar in Courtroom 20 before JudgeMatthew P. Guasco starts between 8:30 and 8:45 a.m. Ex parte applications will be heard at the same time as matterson the law and motion calendar. Parties appearing by Court Call must check in with the Judicial Assistant by 8:20a.m. No notice of intent to appear is required. Parties wishing to submit on the tentative decision must so notify the Court bye‐mail at [email protected]...

Excerpt: ...9 NOTICE: All attorneys and self‐represented parties in law and motion hearings are encouraged to appear viaCourt Call. You may contact Court Call as follows: www.courtcall.com or call 888‐882‐6878. You must check in by 8:20AM for the 8:30 AM calendar. To submit on a tentative decision, e‐mail the Court at [email protected] or by fax to Judge McKaig'ssecretary, Isabel Alarcon, at 805‐477‐8790. If a party submits on the...

Excerpt: ...Adjudication, 12/01/2021 The following is a statement of the court's tentative ruling. The court may adopt, modify or reject the tentative rulingafter 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 telefaxtoJudge Borrell's secretary, Isabel Alarcon, at 805‐477‐5894, st...

Excerpt: ... following is a statement of the court's tentative ruling. The court may adopt, modify or reject the tentative rulingafter 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 telefaxtoJudge Borrell's secretary, Isabel Alarcon, at 805‐477‐5894, stating that you submit on the...

Excerpt: ...1/2022 The following is a statement of the court's tentative ruling. The court may adopt, modify or reject the tentative rulingafter 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 telefaxtoJudge Borrell's secretary, Art Alvara, at 805‐477‐5894, stating that you submit ...

Excerpt: .../2022 Cases, including ex parte matters, will be called at 9 a.m., or earlier, if the Parties are ready. Please check in withthecourtroom clerk by 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]. Absent waiver of notice and in the event an order is not signed at the hearing, the prevailing...

Excerpt: ...a statement of the court's tentative ruling. The court may adopt, modify or reject the tentative rulingafter 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 telefaxtoJudge Borrell's secretary, Isabel Alarcon, at 805‐477‐5894, stating that you submit on the tentative. A ...

Excerpt: ...he morning calendar in courtroom 43 will begin between 8:45 and 9:00 a.m. Please arrive at the courtroomnolater than 8:30 a.m. to check in. If the door to Courtroom 43 is locked, please call Judge Coats's secretary, Hellmi ("Amy") McIntyre, at 805‐289‐8791 to gain entry. While public health orders related to COVID‐19 are in place, the Court strongly prefers that appearancesbemade by CourtCall. If appearing by CourtCall, please call in befor...

Excerpt: ...10/2022 Cases, including ex parte matters, will be called at 9 a.m., or earlier, if the Parties are ready. Please check in withthecourtroom clerk by 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]. Absent waiver of notice and in the event an order is not signed at the hearing, the prevaili...

Excerpt: ...Compel, 02/14/2022 COVID‐19 NOTICE: All attorneys and self‐ represented parties in law and motion hearings are encouraged to appear viaCourt Call. You may contact Court Call as follows: www.courtcall.com or call 888‐882‐6878. You must check in by 8:20AM for the 8:30 AM calendar. To submit on a tentative decision, e‐mail the Court at [email protected] or by fax to Judge McKaig'ssecretary, Isabel Alarcon, at 805‐477‐87...

Excerpt: ...The court may adopt, modify or reject the tentative rulingafter 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 telefaxtoJudge Borrell's secretary, Isabel Alarcon, at 805‐477‐5894, stating that you submit on the tentative. A copy of thetelefax must be sent to all opposi...

Excerpt: ...matters, will be called at 9 a.m., or earlier, if the Parties are ready. Please check in withthecourtroom clerk by 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]. Absent waiver of notice and in the event an order is not signed at the hearing, the prevailing party shall prepare a proposedo...

Excerpt: ...2022 The following is a statement of the court's tentative ruling. The court may adopt, modify or reject the tentative rulingafter 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 telefaxtoJudge Borrell's secretary, Isabel Alarcon, at 805‐477‐5894, stating that you submi...

Excerpt: ...ive ruling. The court may adopt, modify or reject the tentative rulingafter 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 telefaxtoJudge Borrell's secretary, Isabel Alarcon, at 805‐477‐5894, stating that you submit on the tentative. A copy of thetelefax must be sent t...

Excerpt: ...lier, if the Parties are ready. Please check in withthecourtroom clerk by 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]. Absent waiver of notice and in the event an order is not signed at the hearing, the prevailing party shall prepare a proposedorder and comply with CRC 3.1312 subdivisi...

Excerpt: ...04/2022 The following is a statement of the court's tentative ruling. The court may adopt, modify or reject the tentative rulingafter 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 telefaxtoJudge Borrell's secretary, Isabel Alarcon, at 805‐477‐5894, stating that you su...

Excerpt: ...elf‐represented parties in law and motion hearings are encouraged to appear viaCourt Call. You may contact Court Call as follows: www.courtcall.com or call 888‐882‐6878. You must check in by 8:20AM for the 8:30 AM calendar. To submit on a tentative decision, e‐mail the Court at [email protected] or by fax to Judge McKaig'ssecretary, Isabel Alarcon, at 805‐477‐ 8790. If a party submits on the tentative decision without ...

Excerpt: ...cause "reasonable" conduct is typically a contested issue of fact, and one which cannot be resolved on affidavits. Here, defendant sustains its initial burden with the declaration of Robert Griswold who states that "industry standards" allow for a parking bumper to be located between two parking slots. Plaintiff, however, rebuts this with the declarationof its expert, Mark Burns, who offers ASTM standard 1367‐10, section 9.4 stating that the bu...

Excerpt: ...n withthecourtroom clerk by no later than 8:45 a.m. If appearing by CourtCall, please call in between 8:35 and 8:45 a.m. While public health orders related to COVID‐ 19 are in place, the Court strongly prefers that appearancesbemade by CourtCall. If it is necessary to appear in person, please check in with the courtroom clerk between 8:30and8:45 a.m. If the door to Courtroom 43 is locked, please call Judge Coats's secretary, Hellmi ("Amy") McIn...

Excerpt: ...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 telefaxtoJudge Borrell's secretary, Isabel Alarcon, at 805‐477‐5894, stating that you submit on the tentative. A copy of thetelefax must be sent to all opposing parties contemporaneous with transmission to the court. Please include the he...

Excerpt: ...basisfor declining to enforce it. The provisions are satisfactory. It is a contract of adhesion. That does not mean, however, that it should be disregarded. It provides for discovery and judicial review of any award. There is no evidence of defendant being a "repeat player" with ADR. The is no credible evidence of waiver from the circumstances presented. This casewas filed on 10/25/21. The motion to compel arbitration was filed December 6th. That...

Excerpt: ...he court may adopt, modify or reject the tentative rulingafter 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 telefaxtoJudge Borrell's secretary, Isabel Alarcon, at 805‐477‐5894, stating that you submit on the tentative. A copy of thetelefax must be sent to all opposin...

Excerpt: ...r 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 telefaxtoJudge Borrell's secretary, Isabel Alarcon, at 805‐477‐5894, stating that you submit on the tentative. A copy of thetelefax must be sent to all opposing parties contemporaneous with transmission to the court. Ple...

Excerpt: ...matters, will be called at 9 a.m., or earlier, if the Parties are ready. Please check in withthecourtroom clerk by 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]. Absent waiver of notice and in the event an order is not signed at the hearing, the prevailing party shall prepare a proposedo...

Excerpt: ...nd cause of actionfor specific performance, the third cause of action for an accounting, and the fourth cause of action for breach of contract. It is sustained with leave to amend as to the fifth cause of action for breach of a fiduciary duty. The motion to strikeisdenied. This is a demurrer. It is a pleading challenge, and the Court is limited in its examination to the allegations within thefour corners of the complaint. It does not matter that ...