Excerpt: ... evidence cited by Ironshore. "Under Privette, when an employee of an independent contractor is injured while performing inherently dangerous work, and is subject to workers' compensation coverage, the employee cannot sue the person who hired the contractor to recover damages for the same injuries that were compensable under workers' compensation." Horne v. Ahern Rentals, 50 Cal.App.5th 192/195. "The liability of the contractor, who is primarily ...

Excerpt: ...n July 21, 2023. This is a PAGA action for FEHA violations, wage and hour claims, and wrongful termination against Defendant Westchase Mini Suites, LLC dba Best Western Plus Thousand Oaks ("Defendant"). With respect to the PAGA wage and hour claims, the original complaint incorporates by reference Plaintiffs' PAGA notice to the LWDA. That notce states that the violations against Plaintiffs and other aggrieved employees occurred "throughout their ...

Excerpt: ... motion as to Plaintiff Mary Shafer. Defendant shall file and serve a crosscomplaint that conforms with this ruling forthwith. Defendant to give notice. Discussion: The court may, in its discretion, after notce to the adverse party, allow, upon any terms as may be just, an amendment to any pleading. (Code Civ. Proc., S 473, subd. (a)). The court's discretion will usually be exercised liberally to permit amendment of the pleadings. (Nestle v Santa...

Excerpt: ...by CourtCall but is not equipped for Zoom. If appearing by CourtCall, call in no later than 8:30 a.m. If pu intend to appear by CourtCall, you must make arrangements with CourtCall the day before your scheduled hearing. Requests for approval of a CourtCall appearance made to the Court on the morning of the hearing will not be granted. No exceptions will be made. With respect to the below scheduled tentative ruling, no notice of intent to appear i...

Excerpt: ...but is not equipped for Zoom. If appearing by CourtCall, call in no later than 8:30 a.m. If you intend to appear by CourtCall, you must make arrangements with CourtCall the day before your scheduled hearing. Requests for approval of a CourtCall appearance made to the Court on the morning of the hearing will not be granted. No exceptions will be made. With respect to the below scheduled tentative ruling, no notice of intent to appear is required. ...

Excerpt: ...ntiffs as class representatives; 3) preliminarily appointing Jonathan Melmed, Kyle Smith, and Joanne Kim of Melmed Law Group P.C. as class counsel; 4) preliminarily approving the settlement as fair, adequate, and reasonable; 5) preliminarily approving payment of reasonable attorneys' fees in an amount not to exceed one-third of the Gross Settlement Amount (i.e., up to $116,666.67), plus necessary litigation costs not to exceed $15,000; 6) prelimi...

Excerpt: ...but is not equipped for Zoom. If appearing by CourtCall, call in no later than 8:30 a.m. If you intend to appear by CourtCall, you must make arrangements with CourtCall the day before pur scheduled hearing. Requests for approval of a CourtCall appearance made to the Court on the morning of the hearing will not be granted. No exceptions will be made. With respect to the below scheduled tentatve ruling, no notce of intent to appear is required. If ...

Excerpt: ...s secretary, Ms. McIntyre, at 805-289-8791 to gain entry. The Court allows appearances by CourtCall but is not equipped for Zoom. If appearing by CourtCall, call in no later than 8:30 a.m. If you intend to appear by CourtCall, you must make arrangements with CourtCall the day before pur scheduled hearing. Requests for approval of a CourtCall appearance made to the Court on the morning of the hearing will not be granted. No exceptions will be made...

Excerpt: ...sent waiver of notice and in the event an order is not signed at the hearing, the prevailing party shall prepare a proposed order and comply with CRC 3.1312 subdivisions (a), (b), (d) and (e). he signed order shall be served on all parties and a proof of service filed with the court. A "notice of ruling" in lieu of this procedure is not authorized. 1 Motion: Motion to Strike Punitive Damages from FAC (Unopposed) The Court intends to rule as follo...

Excerpt: ...ll be conducted in the absence of the non-appearing party. Absent waiver of notice and in the event an order is not signed at the hearing, the prevailing party shall prepare a proposed order and comply with CRC 3.1312 subdivisions (a), (b), (d) and (e). The signed order shall be served on all parties and a proof of service filed with the court. A "notice of ruling" in lieu of this procedure is not authorized. 1 Motion: Plaintiff's Motion to Compe...

Excerpt: ...earing will be conducted in the absence of the non-appearing party. Absent waiver of notice and in the event an order is not signed at the hearing, the prevailing party shall prepare a proposed order and comply with CRC 3.1312 subdivisions (b), (d) and (e). he signed order shall be served on all parties and a proof of service filed with the court. A "notice of ruling" in lieu of this procedure is not authorized. 1 Moton: Plaintiff's Motion to Com...

Excerpt: ...non-appearing party. Absent waiver of notice and in the event an order is not signed at the hearing, the prevailing party shall prepare a proposed order and comply with CRC 3.1312 subdivisions (a), (b), (d) and (e). he signed order shall be served on all parties and a proof of service filed with the court. A "notice of ruling" in lieu of this procedure is not authorized. 1 Motions: By Plaintiffs Sergio üJpez Flores and Carolina Lopez (collective...

Excerpt: ...ative, Motion for Summary Adjudication is GRANTED in part and DENIED in part. The Motion for Summary Judgment is granted as to Cross-Defendants J&S Restaurants and William Jonker. The Mohon for Summary Adjudication as to Cross-Defendant Top End Enterprises, Inc., is DENIED as to the 1st cause of action but GRANTED as to the 2nd cause of action. For purposes of this motion only, the following facts are undisputed and established: Fact Nos. 1-16, 1...

Excerpt: ...d in the event an order is not signed at the hearing, the prevailing party shall prepare a proposed order and comply with CRC3.1312 subdivisions (b), (d) and (e). he signed order shall be served on all parties and a proof of service filed with the court. A "notice of ruling" in lieu of this procedure is not authorized. 1 Motons: (1) Plaintiff Bauer Hockey, LLC's, successor in interest to Bauer Hockey Inc., motion to tax and strike memorandum of c...

Excerpt: ...ative decision, you may send a telefax to Judge Borrell's secretary, Tammy Brantner, at 805-477-5894, stating that pu submit on the tentative. A copy of the telefax must be sent to all opposing parties contemporaneous with transmission to the court. Please include the hearing date, the case name and case number on pur telefax. 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 ...

Excerpt: ...pearing party. Absent waiver of notice and in the event an order is not signed at the hearing, the prevailing party shall prepare a proposed order and comply with CRC 3.1312 subdivisions (a), (b), (d) and (e). he signed order shall be served on all parties and a proof of service filed with the court. A "notice of ruling" in lieu of this procedure is not authorized. 1 Motion: Motion by Plaintiff Steven Scouten ("Plaintiff") for issue and/or eviden...

Excerpt: ...fy the court by email to [email protected]. Please include the hearing date, the case name and case number on message. You must include all counsel and self-represented parties on your message. The court will not respond to your email. Do not use this email address for any other purpose without the court's express permission. Do not include the court in any email communications between counsel. Do not call in lieu of sending an em...

Excerpt: ...lows appearances by CourtCall but is not equipped for Zoom. If appearing by CourtCall, please call in before 8:30 a.m. If you intend to appear by CourtCall, you must make arrangements with CourtCall the day before your scheduled hearing. Requests for approval of a CourtCall appearance made to the Court on the morning of the hearing will only be granted in extreme circumstances and under no circumstances if made after 8:15 am. With respect to the ...

Excerpt: ...ce and in the event an order is not signed at the hearing, the prevailing party shall prepare a proposed order and comply with CRC 3.1312 subdivisions (a), (b), (d) and (e). The signed order shall be served on all parties and a proof of service filed with the court. A "notice of ruling" in lieu of this procedure is not authorized. 1 Motion: Plaintiff Jeremy Lucero's motion for preliminary approval of class action settlement. (unopposed) The Court...

Excerpt: ...pearing party. Absent waiver of notice and in the event an order is not signed at the hearing, the prevailing party shall prepare a proposed order and comply with CRC 3.1312 subdivisions (a), (b), (d) and (e). he signed order shall be served on all parties and a proof of service filed with the court. A "notice of ruling" in lieu of this procedure is not authorized. 1 Motion: Defendant's motion to compel arbitration and for order staying proceedin...

Excerpt: ..., the tentative will be adopted by the Court. Absent waiver of notice and in the event an order is not signed at the hearing, the prevailing party shall prepare a proposed order and comply with CRC 3.1312 subdivisions (a), (b), (d) and (e). The signed order shall be served on all parties and a proof of service filed with the court. A "notice of ruling" in lieu of this procedure is not authorized. Motion: Plaintiffs Ernie Mansi and Aldersgate Inve...

Excerpt: ...nt waiver of notice and in the event an order is not signed at the hearing, the prevailing party shall prepare a proposed order and comply with CRC 3.1312 subdivisions (a), (b), (d) and (e). The signed order shall be served on all parties and a proof of service filed with the court. A "notice of ruling" in lieu of this procedure is not authorized. 1 Motion: Plaintiff Discover Bank's Motion for Summary Judgment or in the alternative, for Summary A...

Excerpt: ...equipped for Zoom. If appearing by CourtCall, please call in before 8:30 a.m. If you intend to appear by CourtCall, you must make arrangements with CourtCall the day before your scheduled hearing. Requests for approval of a CourtCall appearance made to the Court on the morning of the hearing will only be granted in extreme circumstances and under no circumstances if made after 8:15 am. With respect to the below scheduled tentative ruling, no noti...

Excerpt: ...Absent waiver of notice and in the event an order is not signed at the hearing, the prevailing party shall prepare a proposed order and comply with CRC 3.1312 subdivisions (a), (b), (d) and (e). he signed order shall be served on all parties and a proof of service filed with the court. A "notice of ruling" in lieu of this procedure is not authorized. 1 Motion: Plaintiffs' (1) Motion for Final Approval of Class Action and PAGA Settlements; and (2)...

Excerpt: ...non-appearing party. Absent waiver of notice and in the event an order is not signed at the hearing, the prevailing party shall prepare a proposed order and comply with CRC 3.1312 subdivisions (a), (b), (d) and (e). he signed order shall be served on all parties and a proof of service filed with the court. A "notice of ruling" in lieu of this procedure is not authorized. 1 Motion: Motion by Defendants Hyundai Motor America ("HMA" or "Hyundai") an...

Excerpt: ...d in the event an order is not signed at the hearing, the prevailing party shall prepare a proposed order and comply with CRC 3.1312 subdivisions (a), (b), (d) and (e). The signed order shall be served on all parties and a proof of service filed with the court. A "notice of ruling" in lieu of this procedure is not authorized. 1 Motion: Defendants' motion for judgment on the pleadings (Opposed) The Court grants Defendants' request for judicial not...

Excerpt: ...nces by CourtCall but is not equipped for Zoom. If appearing by CourtCall, please call in before 8:30 a.m. If you intend to appear by CourtCall, you must make arrangements with CourtCall the day before your scheduled hearing. Requests for approval of a CourtCall appearance made to the Court on the morning of the hearing will only be granted in extreme circumstances and under no circumstances if made after 8:15 am. With respect to the below schedu...

Excerpt: ...ey's fees incurred in prosecuting its Complaint against Defendant Everhome Realty, Inc., pursuant to the attorney's fees provisions in the July 10, 2020 Note and July 29, 2020 Notes that are the subject of Plaintiff's Complaint. Plaintiff Terraform reasonably incurred $23,552.87 in attorney's fees prosecuting its Complaint, and the Court awards this amount. Plaintiff Terraform is entitled to an award of $3,778.00 in litigation costs, as set forth...

Excerpt: ...s appearances by CourtCall but is not equipped for Zoom. If appearing by CourtCall, please call in before 8:30 a.m. If you intend to appear by CourtCall, you must make arrangements with CourtCall the day before your scheduled hearing. Requests for approval of a CourtCall appearance made to the Court on the morning of the hearing will only be granted in extreme circumstances and under no circumstances if made after 8:15 am. With respect to the bel...

Excerpt: ...ative decision, pu may notify the court by email to [email protected]. Please include the hearing date, the case name and case number on message. You must include all counsel and self-represented parties on your message. The court will not to your email. Do not use this email address for any other purpose without the court's express permission. Do not include the court in any email communications between counsel. Do not call in li...

Excerpt: ...Absent waiver of notice and in the event an order is not signed at the hearing, the prevailing party shall prepare a proposed order and comply with CRC 3.1312 subdivisions (a), (b), (d) and (e). The signed order shall be served on all parties and a proof of service filed with the court. A "notice of ruling" in lieu of this procedure is not authorized. 1 Motion: Defendant Tao Fan's motion to set aside default (Opposed) The Court intends to grant t...

Excerpt: ...in the event an order is not signed at the hearing, the prevailing party shall prepare a proposed order and comply with CRC 3.1312 subdivisions (b), (d) and (e). he signed order shall be served on all parties and a proof of service filed with the court. A "notice of ruling" in lieu of this procedure is not authorized. 1 Motion: Plaintiff Paola Uribe's motion to set aside dismissal (Opposed) The Court finds that Plaintiff has established that the ...

Excerpt: ...ppearing by CourtCall, please call in before 8:30 a.m. If you intend to appear by CourtCall, you must make arrangements with CourtCall the day your scheduled hearing. Requests for approval of a CourtCall appearance made to the Court on the morning of the hearing will only be granted in extreme circumstances and under no circumstances if made after 8:15 am. With respect to the below scheduled tentative ruling, no notice of intent to appear is requ...

Excerpt: ...earing by CourtCall, please call in before 8:30 a.m. If you intend to appear by CourtCall, pu must make arrangements with CourtCall the day before your scheduled hearing. Requests for approval of a CourtCall appearance made to the Court on the morning of the hearing will only be granted in extreme circumstances and under no circumstances if made after 8:15 am. With respect to the below scheduled tentative ruling, no notice of intent to appear is ...

Excerpt: ... please call in before 8:30 a.m. If you intend to appear by CourtCall, you must make arrangements with CourtCall the day before pur scheduled hearing. Requests for approval of a CourtCall appearance made to the Court on the morning of the hearing will only be granted in extreme circumstances and under no circumstances if made after 8:15 am. With respect to the below scheduled tentatve ruling, no notice of intent to appear is required. If you wish...

Excerpt: ...aiver of notice and in the event an order is not signed at the hearing, the prevailing party shall prepare a proposed order and comply with CRC 3.1312 subdivisions (a), (b), (d) and (e). he signed order shall be served on all parties and a proof of service filed with the court. A "notice of ruling" in lieu of this procedure is not authorized. 1 Motion: Defendant Adrian Luna's moton to set aside Plaintiff's entry of default The Court intends to de...

Excerpt: ... part. The Court finds that Civil Code section 1717 does not apply to any of the claims for which fees are sought. The Court has reviewed the pleadings, the trial briefs and the closing argument briefs. None of the claims at issue in the motion are claims on a contract to enforce the contract. However, moving parties are entitled to attorney's fees on the Cross-complaint asserted by K. Syed against HS&S, Rashid Hameed and Gurmit Singh pursuant to...

Excerpt: ...pearing party. Absent waiver of notice and in the event an order is not signed at the hearing, the prevailing party shall prepare a proposed order and comply with CRC 3.1312 subdivisions (a), (b), (d) and (e). he signed order shall be served on all parties and a proof of service filed with the court. A "notice of ruling" in lieu of this procedure is not authorized. 1 Motion: Motion by Defendants/cross-complainants Sydney Guo, M.D. and SSG Enterpr...

Excerpt: ...ting back to the class for distribution. Otherwise, the Court finds the Settlement constitutes a fair, adequate, and reasonable compromise of the Class Claims and gives final approval of the terms set forth in the Settlement Agreement. A hearing date will be set for final accounting and distribution of funds. Analysis: The parties move for Final Approval of the Class Action and PAGA settlement, with the parameters as follows: the maximum settleme...

Excerpt: ...the tentative decision, pu may notify the court by email to [email protected]. Please include the hearing date, the case name and case number on message. You must include all counsel and self-represented parties on your message. The court will not to your email. Do not use this email address for any other purpose without the court's express permission. Do not include the court in any email communications between counsel. Do not ca...

Excerpt: ...l but is not equipped for Zoom. If appearing by CourtCall, please call in before 8:30 a.m. If you intend to appear by CourtCall, you must make arrangements with CourtCall the day before pur scheduled hearing. Requests for approval of a CourtCall appearance made to the Court on the morning of the hearing will only be granted in extreme circumstances and under no circumstances if made after 8:15 am. With respect to the below scheduled tentative rul...

Excerpt: ...tice and in the event an order is not signed at the hearing, the prevailing party shall prepare a proposed order and comply with CRC 3.1312 subdivisions (a), (b), (d) and (e). The signed order shall be served on all parties and a proof of service filed with the court. A "notice of ruling" in lieu of this procedure is not authorized. 1 Motion: Plaintiff Allied World National Assurance Company's Complaint Motion to Lift the Stay and Consolidate Act...

Excerpt: ...n, you may notify the court by email to [email protected]. Please include the hearing date, the case name and case number on message. You must include all counsel and self-represented parties on your message. The court will not respond to your email. Do not use this email address for any other purpose without the court's express permission. Do not include the court in any email communications between counsel. Do not call in lieu o...

Excerpt: ...vent an order is not signed at the hearing, the prevailing party shall prepare a proposed order and comply with CRC 3.1312 subdivisions (a), (b), (d) and (e). The signed order shall be served on all parties and a proof of service filed with the court. A "notice of ruling" in lieu of this procedure is not authorized. 1 Motion: Motion for Determination of Good Faith Settlement (Unopposed) The Court intends to deny Defendant Boys and Girls Club of M...

Excerpt: ...t an order is not signed at the hearing, the prevailing party shall prepare a proposed order and comply with CRC 3.1312 subdivisions (a), (b), (d) and (e). The signed order shall be served on all parties and a proof of service filed with the court. A "notice of ruling" in lieu of this procedure is not authorized. 1 Motion: Demurrer by Defendant Evelyn Arriola ("Arriola" or "Defendant") (Opposed) TENTATIVE RULING Arriola failed to file a meet and ...

Excerpt: ...on-appearing party. Absent waiver of notice and in the event an order is not signed at the hearing, the prevailing party shall prepare a proposed order and comply with CRC 3.1312 subdivisions (a), (b), (d) and (e). he signed order shall be served on all parties and a proof of service filed with the court. A "notice of ruling" in lieu of this procedure is not authorized. 1 Moton: Petition by Plaintiffs FSAC Fertility, Inc. ("FSAC"), Gary Hubert, M...

Excerpt: ...fore 8:30 a.m. If you intend to appear by CourtCall, pu must make arrangements with CourtCall the day before your scheduled hearing. Requests for approval of a CourtCall appearance made to the Court on the morning of the hearing will only be granted in extreme circumstances and under no circumstances if made after 8:15 am. With respect to the below scheduled tentative ruling, no notice of intent to appear is required. If you wish to submit on the...

Excerpt: ...aring party. Absent waiver of notice and in the event an order is not signed at the hearing, the prevailing party shall prepare a proposed order and comply with CRC 3.1312 subdivisions (a), (b), (d) and (e). he signed order shall be served on all parties and a proof of service filed with the court. A "notice of ruling" in lieu of this procedure is not authorized. 1 Motions: Defendant's Motion for Protective Order (Opposed) The Court intends to ru...

Excerpt: ...he absence of the non-appearing party. Absent waiver of notice and in the event an order is not signed at the hearing, the prevailing party shall prepare a proposed order and comply with CRC 3.1312 subdivisions (a), (b), (d) and (e). he signed order shall be served on all parties and a proof of service filed with the court. A "notice of ruling" in lieu of this procedure is not authorized. 1 Motion: Plaintiff Terraform Capital, LLC's Motion for At...

Excerpt: ...ing party. Absent waiver of notice and in the event an order is not signed at the hearing, the prevailing party shall prepare a proposed order and comply with CRC 3.1312 subdivisions (a), (b), (d) and (e). The signed order shall be served on all parties and a proof of service filed with the court. A 'notice of ruling" in lieu of this procedure is not authorized. 1 Motion: Cross-Defendant/cross Complainant Li Sheng Kong and LSK Enterprises, Inc.'s...

Excerpt: ...ds to grant the unopposed Petition. Judicial Council form MC-350 was filed by Plaintiff's counsel F. Samuel Heredia on 4/20/2023 for Petitioner Rubi Zendeias, the parent and GAL of 15-year old N.T., both living in Oxnard. The underlying incidents occurred in March of 2016. As a result, minor went to the ER twice and has seen her primary care physician multiple times and undergone two psychodiagnostics evaluations with l/x week treatment for the l...

Excerpt: ...aint to Add Cause of Action for Breach of Fiduciary Duty and Declaratory Relief is DENIED. Defendant Habeeb Syed has no standing to bring this motion as he is not a complainant/cross-complainant to the proposed pleading. At most, the Court may note that Defendant Habeeb Syed does not oppose the Moton. As to Defendant Kaleem Syed, the motion is denied as untimely, having been filed after trial and years after Defendant Kaleem Syed was aware of the...

Excerpt: ...ipped for Zoom. If appearing by CourtCall, please call in before 8:30 a.m. If you intend to appear by CourtCall, you must make arrangements with CourtCall the day before your scheduled hearing. Requests for approval of a CourtCall appearance made to the Court on the morning of the hearing will only be granted in extreme circumstances and under no circumstances if made after 8:15 am. With respect to the below scheduled tentative ruling, no notice ...

Excerpt: ... entry of his default, and therefore subject to the requirements of Code of Civil Procedure S1008(b). As a renewed motion, the motion is fatally defective because it is not accompanied by the required affdavit statements, and does not identify any "new or different facts, circumstances, or law" that could not, with reasonable diligence, have been submitted in support of Defendant's first motion. (See Even Zohar Construction & Remodeling, Inc. v. ...

Excerpt: ...otion calendar. Partes 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 Judge Guasco's secretary, Claudine Nesbitt at (805) 477-5892. Do not call in lieu of sending an e-mail or fax. If a party submits on the tentative decision without appe...

Excerpt: ...ative decision, you may send a telefax to Judge Borrell's secretary, Tammy Brantner, at 805-477-5894, stating that pu submit on the tentative. A copy of the telefax must be sent to all opposing parties contemporaneous with transmission to the court. Please include the hearing date, the case name and case number on pur telefax. 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 ...

Excerpt: ...it on the tentative decision, you may send a telefax to Judge Borrell's secretary, Tammy Brantner, at 805-477-5894, stating that you submit on the tentatve. A copy of the telefax must be sent to all opposing parties contemporaneous with transmission to the court. Please include the hearing date, the case name and case number on your telefax. Do not call in lieu of sending a telefax, nor should you call to see if pur telefax has been received. If ...

Excerpt: ...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 proposed order and comply with CRC 3.1312 subdivisions (a), (b), (d) and (e). The following is a statement of the court's tentative ruling. The court may adopt, modify or reject the tentative ruling following the scheduled hea...

Excerpt: ...endy Lascher, an appellate specialist. This judicial officer discloses that attorney Max Engelhardt of Ferguson Case Orr & Paterson LLP represents a person who has asserted a claim for personal injuries against this judicial officer's adult daughter. That claim is alleged to arise from a motor vehicle accident, in which this judicial offcer's daughter was one of two involved drivers. It is not clear whether the claim is also asserted against this...

Excerpt: ...quired. If you wish to submit on the tentative decision, you may send a telefax to Judge Borrell's secretary, Tammy Brantner, at 805-477-5894, stating that you submit on the tentative. A copy of the telefax must be sent to all opposing parties contemporaneous with transmission to the court. Please include the hearing date, the case name and case number on your telefax. Do not call in lieu of send-ng a telefax, nor should you call to see if your t...

Excerpt: ...rty. Absent waiver of notice and in the event an order is not signed at the hearing, the prevailing party shall prepare a proposed order and comply with CRC 3.1312 subdivisions (a), (b), (d) and (e). The signed order shall be served on all parties and a proof of service filed with the court. A "notice of ruling" in lieu of this procedure is not authorized. 1 Motion: Plaintiff's motion to compel further discovery responses and production of respon...

Excerpt: ...d in part. (Code Civ. Proc„ S 2025.480.) The joinder of Defendant Las Casitas Homeowners Association is granted. Plaintiff has failed to meet his burden of establishing the merits of his objections to the questions set forth below. Defendants have established at least some potential relevance to these questions. As a result, for good cause shown, Plaintiff is ORDERED to appear for his deposition and answer, without objections, the following que...

Excerpt: ... Motion to Strike Punitive Damages is DENIED. Defendant shall file an answer to the First Amended Complaint by May 26, 2023. Moving party to give notice. Discussion: a. Demurrer Standard The grounds for a demurrer must appear on the face of the pleading or from judicially noticeable matters. (Code Civ. Proc., S 430.30, subd. (a); Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) Concerning the legal sufficiency of a pleading, the sole issue on demurrer...

Excerpt: ...n-appearing party. Absent waiver of notice and in the event an order is not signed at the hearing, the prevailing party shall prepare a proposed order and comply with CRC 3.1312 subdivisions (a), (b), (d) and (e). The signed order shall be served on all parties and a proof of service filed with the court. A "notice of ruling" in lieu of this procedure is not authorized. 1 Moton: Defendant California Lutheran University's Motion for Judgment on th...

Excerpt: ...n 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 proposed order and comply with CRC 3.1312 subdivisions (a), (b), (d) and (e). The following is a statement of the court's tentative ruling. The court may adopt, modify or reject the tentatve ruling following the scheduled hearing. This tentative ruling will have no legal ef...

Excerpt: ...of notice and in the event an order is not signed at the hearing, the prevailing party shall prepare a proposed order and comply with CRC 3.1312 subdivisions (a), (b), (d) and (e). The signed order shall be served on all parties and a proof of service filed with the court. A "notice of ruling" in lieu of this procedure is not authorized. 1 Motions: Plaintiff Negley Law's Motion to Compel Responses to Form Interrogatories, Special Interrogatories,...

Excerpt: ...t equipped for Zoom. If appearing by CourtCall, please call in before 8:30 a.m. If you intend to appear by CourtCall, you must make arrangements with CourtCall the day before your scheduled hearing. Requests for approval of a CourtCall appearance made to the Court on the morning of the hearing will only be granted in extreme circumstances and under no circumstances if made after 8:15 am. With respect to the below scheduled tentative ruling, no no...

Excerpt: ...or Zoom. If appearing by CourtCall, please call in before 8:30 a.m. If you intend to appear by CourtCall, you must make arrangements with CourtCall the day your scheduled hearing. Requests for approval of a CourtCall appearance made to the Court on the morning of the hearing will only be granted in extreme circumstances and under no circumstances if made after 8:15 am. With respect to the below scheduled tentative ruling, no notice of intent to a...

Excerpt: ...ecretary, Ms. McIntyre, at 805-289-8791 to gain entry. The Court allows appearances by CourtCall but is not equipped for Zoom. If appearing by CourtCall, please call in before 8:30 a.m. If you intend to appear by CourtCall, you must make arrangements with CourtCall the day before your scheduled hearing. Requests for approval of a CourtCall appearance made to the Court on the morning of the hearing will only be granted in extreme circumstances and...

Excerpt: ...n-appearing party. Absent waiver of notice and in the event an order is not signed at the hearing, the prevailing party shall prepare a proposed order and comply with CRC 3.1312 subdivisions (a), (b), (d) and (e). he signed order shall be served on all parties and a proof of service filed with the court. A "notice of ruling" in lieu of this procedure is not authorized. 1 Motion: Motion for Reconsideration, or Alternatively, for Relief from Mistak...

Excerpt: ...e of intent to appear is required. If pu wish to submit on the tentative decision, you may send a telefax to Judge Borrell's secretary, Tammy Brantner, at 805-477-5894, stating that you submit on the tentative. A copy of the telefax must be sent to all opposing parties contemporaneous with transmission to the court. Please include the hearing date, the case name and case number on your telefax. Do not call in lieu of sending a telefax, nor should...

Excerpt: ...notice and in the event an order is not signed at the hearing, the prevailing party shall prepare a proposed order and comply with CRC 3.1312 subdivisions (a), (b), (d) and (e). The signed order shall be served on all parties and a proof of service filed with the court. A "notice of ruling" in lieu of this procedure is not authorized. 1 Defendant FCA US, LLC's Mohon to Compel Arbitration and Stay Action (Opposed) The Court will take judicial noti...

Excerpt: ...vidence or error in the law, respectively. Plaintiffs did not establish irregularities in the proceedings that warrant a new trial and did not file the required affidavit in support of this argument. Plaintiffs did not establish any insufficiency in the evidence. Plaintiffs' motion does not substantively address their argument that there was any error of law. Plaintiffs have not met their burden in bringing either moton and the motions are respec...

Excerpt: ...nst the defendant and the answer does not state facts sufficient to constitute a defense to the complaint. (Code Civ. Proc., S 438, subd. (c)(1)(A)). The grounds for a motion for judgment on the pleadings shall appear on the face of the challenged pleading or from any matter of which the court is required to take judicial notice. (Code Civ. Proc., S 438, subd. (d)). The complaint alleges that Synchrony Bank issued a credit account to Defendant, D...

Excerpt: ...al Assistant by 8:20 a.m. No notce of intent to appear is required. Parties wishing to submit on the tentative decision must so notify the Court by e-mail at [email protected] or by fax to Judge Guasco's secretary, Claudine Nesbitt at (805) 477-5892. Do not call in lieu of sencrng an e-mail or fax. If a party submits on the tentative decision without appearing, but another party appears, the hearing will be conducted in the absenc...

Excerpt: ... telefax to Judge Borrell's secretary, Tammy Brantner, at 805-477-5894, stating that pu submit on the tentative. A copy of the telefax must be sent to all opposing parties contemporaneous with transmission to the court. Please include the hearing date, the case name and case number on pur telefax. 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 appearin...

Excerpt: ...t addresses only the motion for summary adjudication at this time. The Court grants Defendants' request for judicial notce. The Court sustains Defendants' objections. UMFs 1-30 are established. The Court intends to grant the moton for summary judgment in this action by Plaintiffs Rancho Oaks Investments, LLC; Estate of Richard Winchester; Andrew Winchester, Trustee of the Winchester Family Trust (collectively, "Plaintiffs") for defense and indemn...

Excerpt: ...aiver of notice and in the event an order is not signed at the hearing, the prevailing party shall prepare a proposed order and comply with CRC 3.1312 subdivisions (a), (b), (d) and (e). he signed order shall be served on all parties and a proof of service filed with the court. A "notice of ruling" in lieu of this procedure is not authorized. 1 Motion: Motion by Defendant Robert C. Konop ("Defendant"), pro per, for summary judgment, or in the alt...

Excerpt: ...is required. If you wish to submit on the tentative decision, you may send a telefax to Judge Borrell's secretary, Tammy Brantner, at 805-477-5894, stating that you submit on the tentative. A copy of the telefax must be sent to all opposing parties contemporaneous with transmission to the court. Please include the hearing date, the case name and case number on your telefax. Do not call in lieu of send-ng a telefax, nor should you call to see if y...

Excerpt: ...d in the absence of the non-appearing party. Absent waiver of notice and in the event an order is not signed at the hearing, the prevailing party shall prepare a proposed order and comply with CRC 3.1312 subdivisions (a), (b), (d) and (e). he signed order shall be served on all parties and a proof of service filed with the court. A "notice of ruling" in lieu of this procedure is not authorized. 1 Motions: By Defendant/cross-complainant Dr. Sumavy...

Excerpt: ...ff John Paul Voita's request for an award of prejudgment interest pursuant to Civil Code 53287(a). Plaintiff's Request for Prejudgment Interest That Allegedly Accrued Prior to the Rendering of the Jury's Verdict Is Denied Civil Code 53287(a) provdes that: "A person who is entitled to recover damages certain, or capable of being made certain by calculation, and the right to recover which is vested in the person upon a particular day, is entitled a...

Excerpt: ...bedience of Two Court Orders Com#lling Plaintiff's Compliance with Defendant's Discovery. The moton seeks terminating sanctions for Plaintiff's failure to comply with the Court's discovery orders. Terminating sanctions are an extreme remedy that should only be granted where necessary. The motion fails to establish why such extreme sanctions are necessary as it fails to address whether lesser sanctons would address any harms flowing from the viola...

Excerpt: ...ecretary, Ms. McIntyre, at 805-289-8791 to gain entry. The Court allows appearances by CourtCall but is not equipped for Zoom. If appearing by CourtCall, please call in before 8:30 a.m. If you intend to appear by CourtCall, you must make arrangements with CourtCall the day before your scheduled hearing. Requests for approval of a CourtCall appearance made to the Court on the morning of the hearing will only be granted in extreme circumstances and...

Excerpt: ...89-8791 to gain entry. The Court allows appearances by CourtCall but is not equipped for Zoom. If appearing by CourtCall, please call in before 8:30 a.m. If you intend to appear by CourtCall, pu must make arrangements with CourtCall the day before your scheduled hearing. Requests for approval of a CourtCall appearance made to the Court on the morning of the hearing will only be granted in extreme circumstances and under no circumstances if made a...

Excerpt: ...ent waiver of notice and in the event an order is not signed at the hearing, the prevailing party shall prepare a proposed order and comply with CRC 3.1312 subdivisions (a), (b), (d) and (e). The signed order shall be served on all parties and a proof of service filed with the court. A "notice of ruling" in lieu of this procedure is not authorized. 1 Motion: Defendant Enterprise Fleet Mangement, Inc.'s demurrer to complaint (unopposed) The Court ...

Excerpt: ...nding that the parties entered into valid agreements to arbitrate this dispute. As previously indicated, the Court finds there is a modest degree of procedural unconscionability in the agreements but that this alone does not render the agreements unenforceable. However, the Court was concerned with the substantive unconscionability that would result if the costs of arbitration were anything more than minimal since Plaintiff established that he ha...

Excerpt: ...t Company, LLC, JBR Development Co., and JBR Company, Inc. This needs to be tightened up. What entities are being sued? Other than alleging that Defendant Rosenberg resides and does business in Ventura County, and lumping Rosenberg in with other "Rasmussen Defendants", there are no ultimate facts indicating who he is; what relationship, if any, he has to other Rosenberg defendants in general or JBR Development and JBR Management in particular; no...

Excerpt: ...u may send a telefax to Judge Borrell's secretary, Tammy Brantner, at 805-477-5894, stating that you submit on the tentative. A copy of the telefax must be sent to all opposing parties contemporaneous with transmission to the court. Please include the hearing date, the case name and case number on your telefax. 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 wi...

Excerpt: ... 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 proposed order and comply with CRC 3.1312 subdivisions (a), (b), (d) and (e). The following is a statement of the court's tentative ruling. The court may adopt, modify or reject the tentative ruling following the scheduled hearing. ...

Excerpt: ...ssistant by 8:20 a.m. No notce of intent to appear is required. Parties wishing to submit on the tentative decision must so notify the Court by e-mail at [email protected] or by fax to Judge Guasco's secretary, Claudine Nesbitt at (805) 477-5892. Do not call in lieu of sencrng an e-mail or fax. If a party submits on the tentative decision without appearing, but another party appears, the hearing will be conducted in the absence of...

Excerpt: [email protected]. Absent waiver of notice and in the event an order is not signed at the hearing, the prevailing party shall prepare a proposed order and comply with CRC 3.1312 subdivisions (a), (b), (d) and (e). The following is a statement of the court's tentative ruling. The court may adopt, modify or reject the tentatve ruling following the scheduled hearing. This tentative ruling will have no legal effect unless adopted by the court. ...

Excerpt: ...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 Judge Guasco's secretary, Claudine Nesbitt at (805) 477-5892. Do not call in lieu of sending an e-mail or fax. If a party submits ...

Excerpt: ...sent waiver of notice and in the event an order is not signed at the hearing, the prevailing party shall prepare a proposed order and comply with CRC 3.1312 subdivisions (a), (b), (d) and (e). The signed order shall be served on all parties and a proof of service filed with the court. A 'notice of ruling" in lieu of this procedure is not authorized. 1 TENTATIVE RULING RE: continued Hearing on Motion for summary Judgment or alternatively Summary A...

Excerpt: ...l be conducted in the absence of the non-appearing party. Absent waiver of notice and in the event an order is not signed at the hearing, the prevailing party shall prepare a proposed order and comply with CRC 3.1312 subdivisions (a), (b), (d) and (e). he signed order shall be served on all parties and a proof of service filed with the court. A "notice of ruling" in lieu of this procedure is not authorized. 1 Motion: Defendant/cross-complainant S...

Excerpt: ... 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 proposed order and comply with CRC 3.1312 subdivisions (a), (b), (d) and (e). The following is a statement of the court's tentative ruling. The court may adopt, modify or reject the tentatve ruling following the scheduled hearing. This tentative ruling will have no l...

Excerpt: ...a.courts.ca.gov. Absent waiver of notice and in the event an order is not signed at the hearing, the prevailing party shall prepare a proposed order and comply with CRC 3.1312 subdivisions (a), (b), (d) and (e). The following is a statement of the court's tentative ruling. The court may adopt, modify or reject the tentative ruling following the scheduled hearing. This tentative ruling will have no legal effect unless adopted by the court. The Cou...

Excerpt: ...ka Anuradha Aurora) is DENIED. Code of Civil Procedure section 484.090 provides that writ of attachment should issue if the Court finds the following: (1) The claim upon which the attachment is based is one upon which the attachment may be issued; (2) Plaintiff has established the probable validity of the claim upon which the attachment is based; (3) The attachment is not sought for a purpose other than the recovery upon the claim which the attac...

Excerpt: ...e 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 proposed order and comply with CRC 3.1312 subdivisions (a), (b), (d) and (e). he following is a statement of the court's tentative ruling. The court may adopt, modify or reject the tentatve ruling following the scheduled hearing. This tentative ruling will have no legal effect unless ad...

Excerpt: ... Court does not consider at this stage how plausible the allegatons are or whether there is evidence that supports the allegations. The Court must limit its review to the determination of whether what is alleged, with reasonable inferences drawn in Plaintiff's favor, is suffcient to state a cause of action. Plaintiff has adequately alleged a conspiracy to commit a civil wrong or tort by Defendants. While a conspiracy must be pled with specificity...

Excerpt: ...n in-person deposition would be detrimental or harmful to Plaintiff. Instead, Plaintiff submitted only the declaration of counsel, which lacked foundation for the statements concerning Plaintiff's needs. The Court is not persuaded that the deposition cannot take place in person. Nonetheless, the Court is sensitive to the fact that the deposition of a minor (here, a 7-year-old boy with a mental disability) may be an intimidating or stressful exper...