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. 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 ten...

Excerpt: ...ourt 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...

Excerpt: .../2018 stolo Tentative ruling for July 24, 2018 on Demurrer by Defendants Kelly‐ Marie Jones ("Jones") and Cumulus Media, Inc. ("Cumulus") (collectively, "Defendants") to the First Amended Complaint ("FAC") by Plaintiffs Robb Martin Friedman ("Mr. Friedman"), Nikki Lynn Friedman ("Ms. Friedman"), and Tumbleweed Advertising, Inc. ("Tumbleweed") (collectively, "Plaintiffs") The court ...

Excerpt: ... 24, 2018 on Plaintiff's Motion to Amend Judgment Plaintiff Modern Adjustment Bureau's Motion to Amend Judgment is GRANTED IN PART. CCP § 187. For good cause shown, the judgment is amended to add "Kerie Berkowitz" to the judgment as an alternative name for Defendant/Judgment Debtor Kerie Schwartz. However, there is insufficient support to add the names "Kerie Schultz" and/or "Kerie Schwarts" to the judgment. The C...

Excerpt: ...rt'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...

Excerpt: ...deration, 07/12/2018 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...

Excerpt: ...tion 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 Courtroom20...

Excerpt: ...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 to ...

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: ... showing oppressive conduct. No allegations of corporate ratification. Allegations are those of negligence or perhaps gross negligence, but this is insufficient for punitive damages. If something turns up in discovery, plaintiff can move to amend to allege punitive damages. ...

Excerpt: ...nfer argument is not persuasive, and is not grounds per se to overrule a demurrer The demurring parties came into the picture well after the allegedly improper representations were made. Centeno and Cruz were the bad actors, and they have no connection at call with Trojan or Special Default. Irregularities in assignments may be an issue between beneficiaries, but the borrowers typically have no standing if there is such a dispute. Maria Bravo has...

Excerpt: ...e Insurance Company's demurrer to SAC First cause of action (breach of contract): SUSTAIN with leave to amend. The only allegation that will support this cause of action is the allegation of coverage due to lack of right of access to and from the land but plaintiff has not alleged this. Allegations that her access is "affected" or "hindered" are not sufficient. The allegation that the BLSC prevents the development of access ro...

Excerpt: ...or judicial notice is granted. Champion's demurrer to the first and third causes of action for uncertainty is overruled. There are no uncertainties which cannot be cured by discovery. The demurrer for failure to state a cause of action to the first cause of action is sustained with leave to amend. CBD has not alleged that it has paid damages to Marquart. The declaration of counsel is insufficient to establish that. A demurrer focuses on the c...

Excerpt: ...: Motion ‐ Other, 06/21/2018 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...

Excerpt: ...ut leave to amend to the 2 nd cause of action. Defendant Simi Valley Unified School District's Demurrer to Plaintiff's Complaint is SUSTAINED WITHOUT LEAVE TO AMEND. CCP § 430.10(e). Plaintiff has failed to allege facts sufficient to establish a defect in the public property and a causal connection between a defect and his injuries. The case here is analogous to Zelig v. County of Los Angeles (2002) 27 Cal.4th 1112 (courthouse not defect...

Excerpt: ...ling for July 18, 2018 on Plaintiffs John and Jane McKinney's Motion to Confirm Arbitration Award and Enter Judgment Thereon Deny Defendants David and Judy Johnston's request for an order vacating the Final Arbitration Award (Modified) issued by the Arbitrator on May 21, 2018, on the grounds that (i) the language in both the arbitration provision in ¶7.12 of the 2009 purchase contract between the parties (providing for arbitration of ...

Excerpt: ...2018 on Plaintiffs' Motion to Tax Costs or Strike Cost Items The court hereby rules as follows on Plaintiffs' Motion to Tax Costs or Strike Cost Items. Item No. 1: Grant in part as to filing and motion fees in the amount of $294.90, consisting of FAX filing fees and the costs relating to the motion to amend the answer. Defendant will be allowed costs in the amount of $735.00. Please note that the cost memo contains a computation error. (L...

Excerpt: .../12/2018 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 decisio...

Excerpt: ...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: Court...

Excerpt: ...tion 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 fa...

Excerpt: ... The three knives were in plain sight. It is foreseeable that teen age boys might carelessly play with them. This ruling establishes a duty. It does not decide that any of the defendants breached that duty. Determination of whether an Intervening act is foreseeable is a question of fact unless under the undisputed facts there is no room for a reasonable difference of opinion. (See Schrimsher v. Bryson, 58 Cal.App.3d 660).. ...

Excerpt: ... on Defendants' Demurrer to the Second Amended Complaint Defendants Western Hotel Brokers, Deborah A. King and Eric M. Gignoux's Demurrer to Plaintiff's Second Amended Complaint is SUSTAINED WITH LEAVE TO AMEND. CCP §§ 430.10(e) and (f). Initially, the Court notes that the Defendants' demurrer based on uncertainty per CCP § 430.10(f) is overruled. However, Defendants' general demurrer is sustained as to the first cause of a...

Excerpt: ... 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 an email to the cour...

Excerpt: ...as to the scope of the Remand: 1. The Regional Board was authorized by the Remand to allow additional testimony and further witnesses and evidence, and was not limited to the existing record. 2. The Regional Board was authorized by the Remand to conduct further discovery against Balcom Ranch, and is not limited to the existing record. 3. The Regional Board was authorized by the Remand to institute a new Administrative Civil Liability Complaint. 4...

Excerpt: ...ion to Compel, 04/25/2018 stolo Tentative ruling for July 12, 2018 on Plaintiff's motion to compel further responses to special interrogatories, set seven With respect to Plaintiff's Motion to Compel Further Responses to Special Interrogatories (Set 7), the court rules as follows: 89 ‐ Deny. Regular rate of pay is unclear in this context. Does Plaintiff mean hourly rate at which the employee worked? (i.e., $17 per hour). Or does Plainti...

Excerpt: ...ssigned 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@ven...

Excerpt: ...ive 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 mu...

Excerpt: ... ‐ Other, 05/08/2018 stolo Tentative ruling for July 12, 2018 on Plaintiff's Motion to Lift Protective Order in Place with Respect to Deposition of Bill Spears The court denies, without prejudice, Plaintiff's Motion to Lift Protective Order in Place with Respect to Deposition of Bill Spears. The individual who may have the most knowledge of the issues in the complaint ‐ former general manager Brooks Hilton ‐ does not appear to have ...

Excerpt: ...n to Compel, 06/06/2018 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 te...

Excerpt: ...ILED: Motion ‐ Other, 06/06/2018 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 submi...

Excerpt: ... 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 tel...

Excerpt: ...ned 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: .../18/2018 stolo The Court intends to rule as follows: Plaintiffs failed to properly serve the motion on both Defendant and Surety at least 30 days before the hearing pursuant to CCP section 996.440, subd. (c). In addition, Plaintiffs failed to adequately explain how they calculated the interest sought to be paid from each of the three bonds at issue. Moreover, given that Defendant has until July 5, 2018 to pay the judgment before the Court may enf...

Excerpt: ... 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 an email to th...

Excerpt: ... 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] stat...

Excerpt: ... stolo The Court intends to rule as follows: "GRANT. The arbitrator issued a final signed award on 8/13/14. To the extent applications for correction were made to the arbitrator, the applications were deemed denied by late September, 2014. CCP § 1284. Digital did not petition to correct or vacate the award within 100 days of the date the applications were deemed denied. CCP § 1288.8. Dial Security is entitled to the requested costs and prej...

Excerpt: ... File, 06/08/2018 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 e...

Excerpt: ...emurer to 1st cause of action for (1) Elder Abuse and Neglect (Welf. & Inst. Code section 15600 et seq.). Plaintiff has sufficiently alleged neglect within the meaning of Welfare & Institutions Code § 15610.57(b)(3) [failure to protect from health and safety hazards] and (4) [failure to prevent malnutrition or dehydration] and that defendant engaged in reckless neglect. OVERRULE demurrer to 2 nd cause of action for Violations of Residents' B...

Excerpt: ...equest for judicial notice is GRANTED. Porat's motion to strike is DENIED. Motion to Strike Meet & Confer: A motion to strike must be accompanied by a meet and confer declaration showing an effort to informally resolve each issue raised by the motion. (CCP, § 435.5, subd. (a).) Porat's counsel's meet and confer declaration only shows that the motion to strike the entire SAXC as untimely was addressed, not any argument raised in suppo...

Excerpt: ...nds to DENY the motion to strike in its entirety. Discussion: General. A motion to strike may be brought to strike any irrelevant, false or improper matter inserted in any pleading or to strike any pleading or part thereof not drawn or filed in conformity with the laws of this state, a court rule or order of court. CCP § 436. The grounds for a motion to strike must appear on the face of the pleading under attack, or from matter which the court m...

Excerpt: ... rule as follows: Porat's demurrer on the grounds of failure to state a claim and uncertainty is OVERRULED. Discussion: Request for Judicial Notice Porat requests judicial notice of the grant deed, which is a notarized recorded document related to the ownership of the subject premises that is subject to judicial notice. (See Evid. Code, § 452, subds. (c) & (h); see also Fontenot v. Wells Fargo Bank, N.A. (2011) 198 Cal.App.4th 256, 267, disa...

Excerpt: ...5/09/2018 stolo The Court intends to Deny Plaintiff Herr's Motion for Reconsideration on grounds that judgment has already been entered and the Court lacks jurisdiction. See APRI Ins. Co. v. Superior Court (1999) 76 Cal.App.4th 176, 181. Additionally, Plaintiff Herr has failed to establish no new or different facts, circumstances, or law. CCP §1008(a). Moreover, the affidavit attached to the Motion is insufficient. Analysis: CCP §1008(a): &...

Excerpt: ...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] or by ...

Excerpt: ...garding 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 Cou...

Excerpt: ... (fraud): GRANT with leave to amend. These actions are barred on their face by the three‐year statute of limitations and plaintiff has not plead specific facts supporting her claim of delayed discovery. 2 nd & 5 th c/a (conversion): GRANT with leave to amend. These actions are barred on their face by the three‐year statute of limitations and plaintiff has not plead specific facts supporting her claim of delayed discovery. 3 rd & 6 th c/a (bre...

Excerpt: ...8 stolo Tentative ruling for June 6, 2018 on Plaintiff's application for writ of possession Upon a showing that defendant has been personally served with the application at least 16 court days before the hearing, the Court intends to GRANT Plaintiff Ally Financial Inc.'s application for a writ of possession for the 2013 Chevrolet Camaro motor vehicle, Vehicle Identification No. 2G1FK3DJ4D9190818, on the grounds that Plaintiff's Applic...

Excerpt: ...David Gallardo, Sr.'s motion for attorney fees Defendant has made a persuasive argument that the issues presented in this case were inextricably interwoven and that apportionment of fees is not feasible and/or warranted under the facts. The Court is not required to apportion attorney's fees that were incurred for work performed on behalf of the defendants jointly. As such, the fees in this case will not be apportioned. See, e.g., Cruz v. ...

Excerpt: ... follows: The demurrer to the 1 st , 2nd, 4 th, 5 th and 6 th causes of action is sustained with 20 days leave to amend. While defendant has not demonstrated the California Uniform Trade Secrets Act preempts all of the causes of action, she has demonstrated that all but the 3 rd cause of action is not adequately pled. Plaintiff's allegations are sufficient to support a claim for declaratory relief. Plaintiff attempts to claim that a duty suff...

Excerpt: ...ing 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 b...

Excerpt: ...n Defendants' motion to compel further responses to requests for production The court GRANTS Defendants' unopposed motion to compel further responses to requests for production. Plaintiff Elizabeth Donen's responses are a vague hybrid of all three possible responses to the requests for production. As such, it is not clear whether she has agreed to respond, cannot respond after diligent search, or is objecting. Nor has she complied wit...