Excerpt: ...rt. No no tice of intent to appear is required. If you wish to submit on the tentative decision, you may notify the court by email to [email protected]. Please include the hearing date, the case name and case number in the message. You must includ e 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 per...

Excerpt: ...ble of handli ng mixed remote appearances. Counsel are expected to cooperate in this regard. Refer to the Courtroom 43 webpage for more information about remote appearances. =f appearing by CourtCall, call in no later than 8:30 a.m. =f you wish to appear by CourtCall, y ou must make arrangements with CourtCall by 4:00 p.m. the court day before your scheduled hearing. Requests for approval of a CourtCall appearance made on the morning of the heari...

Excerpt: ...t 8:20AM. Plaintiff Dineley is required to show that the settlement was submitted to the Labor Workforce Development Agency. (Labor Code, § 2699, subd. (s)(2).) Further, Plaintiff Dineley the evidence offered in support of the motion is inadequate. The Court needs to review the settlement agreement to confirm its terms, which claims are released, and how th e PAGA award compares to the settlement amount of other claims. The Court sees no basis f...

Excerpt: ...ubmit on the tentative decision, you may notify the court by email to [email protected]. Please include the hearing date, the case name and case number in the 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 bet...

Excerpt: ...arties appe aring 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 appearing, b...

Excerpt: ...heck in w ith the Hudicial Assistant by 8:10 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]. Do not call in lieu of sending an e -mail. =f a party submits on the tentative decision without appearing, but another party appears, the hearing will be conducted in the absence of the non -appearing party. Effective February 13, ...

Excerpt: ...d (2) OVERRULED. Defendant's objections to the moving declaration of Kirk Rodby are ruled upon as follows: (1) OVERRULED; (2) OVERRULED; (3) OVERRULED; and (4) OVERRULED. For the purposes of this Motion only, Plaintiff 's Undisputed Material Facts (“UMFs”) n os. 1, 2, 3, 4, 5, 6, 9, 18, 30, 40, 41, 48, 72, and 73 are undisputed. UMFs nos. 12, 13, 22, 23, 31, 33, 34, 51, 52, 61, and 62 are disputed and established. UMFs nos. 7, 8, 10, 11, 14, ...

Excerpt: ...that has been since corrected under penalty of perjury. No other evidence suggests Plaintiff did not receive service of the instant motion. Plaintiff did not meet his burden of establishing the preliminary facts necessary to support the exercise of the attorney -client privilege. Plaintiff 's objections based on attorney -client privileged are OVERRULED. :e is ordered to sit for a third session of deposition and answer the questions identified in...

Excerpt: ...e law and m otion calendar. Parties appearing by Court Call must check in with the Hudicial Assistant by 8:10 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@ventu ra.courts.ca.gov. Do not call in lieu of sending an e -mail. =f a party submits on the tentative decision without appearing, but another party appears, the hearing will be conducted i...

Excerpt: ... on the law and motion calendar. Parties appearing by Court Call must check in with the Judicial Assistant by 8:10 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.courts.ca.gov. Do not call in lieu of sending an e -mail. If a party submits on the tentative decision without appearing, but another party appears, the hearing will be conduc...

Excerpt: ...arties ap pearing by Court Call must check in with the Hudicial Assistant by 8:10 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]. Do not c all in lieu of sending an e -mail. =f a party submits on the tentative decision without appearing, but another party appears, the hearing will be conducted in the absence of the non -ap...

Excerpt: ...RRULED; (2) OVERRULED; (3) OVERRULED; (4) OVERRULED; and (5) OVERRULED. For the purposes of this Motion only, Defendant's Undisputed Material Facts (“UMFs”) nos. 1, 2, and 3 are undisputed. UMFs nos. 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 2 2, 23, 24, 25, 26, 27, 28, 29, and 30 are disputed and established. UMFs nos. 31 through 189 are duplicative of UMFs nos. 1 through 30. For the purposes of this Motion only, Plai...

Excerpt: ... Cross- Complainant Fitness International's CrossComplaint is granted as to the claims contained therein. Judgment is entered in the amount of $856,964.79 plus $280,051.21 in interest. For purposes of this motion only, the UMFs are established and all objections to evidenc e are overruled. Background: The Complaint was filed by Plaintiff Montalvo Square Associates, LLC (“Plaintiff”) against Defendant Fitness International, LLC (“Defendant�...

Excerpt: ...t Plaintiff f ails to allege ultimate facts indicating that Defendant Centeno's conduct rose to the level of “extreme and outrageous” conduct. (See Cochran v. Cochran (1998) 65 Cal.App.4th 488, 494- 496.) Any first amended complaint shall by filed and served by no later than September 4, 2024. Analysis: A. Demurrer Centeno demurs generally to the fourth cause of action for IIED in Plaintiff's Complaint. Centeno contends that the IIED claim ...

Excerpt: ...tions of Service agreement (“Consent Agreement”); and (ii) Passages fails to satisfy its burden of demonstrating that Plaintiff's purported electronic signature on the Consent Agreement is authentic. (Ruiz v. Moss Bros. Auto. Group, Inc. (2014) 232 Cal.App.4th 836, 845- 846 [the party seeking to compel arbitration bears the burden of proving that a disputed signature on an arbitration agreement is authentic].) In particular, the declaration o...

Excerpt: ...t that by its terms is not to be performed within a year from the making thereof.” (Civ. Code, § 1624, subd. (a)(1); see Bed, Bath & Beyond of La Jolla, Inc. v. La Jolla Village Square Venture Partners (1997) 52 Cal.App.4th 867, 875 [writing must be signed by party to be char ged].) The cases cited by Plaintiff in Opposition do not relate to the Statute of Frauds and are inapplicable. Nevertheless, “[t]he section of the Restatement Second of...

Excerpt: ...f you wish to submit on the tentative decision, you may notify the court by email to [email protected]. Please include the hearing date, the case name and case number in the message. You must include all counsel and self -represented parties on yo ur 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 co...

Excerpt: ...it on th e tentative decision, you may notify the court by email to [email protected]. Please include the hearing date, the case name and case number in the message. You must include all counsel and self -represented parties on your message. The c ourt 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 betw...

Excerpt: ...il Procedur e section 430.20. Pursuant to Code of Civil Procedure section 430.20, a Plaintiff to file a demurrer on the following grounds: (a) The answer does not state facts sufficient to constitute a defense; (b) The answer is uncertain.; and (c) Where the answer pl eads a contract, it cannot be ascertained from the answer whether the contract is written or oral. The demurrer filed by Plaintiff is not based on any of these permitted grounds. ...

Excerpt: ...OVERRULED; (4) Giaqu into Decl., ¶ 9, Exh. H – SUSTAINED on the grounds of inadmissible hearsay; (5) Giaquinto Decl., ¶ 10, Exh. I – SUSTAINED on the grounds of inadmissible hearsay; (6) Giaquinto Decl., ¶ 11, Exh. J – SUSTAINED on the grounds of inadmissible hearsay; and (7) Giaquinto Decl., ¶ 12, Exh. K – SUSTAINED on the grounds of inadmissible hearsay. The Court rules on Plaintiffs' evidentiary objections to the moving declaration...

Excerpt: ... class action, or a cause of action in a class action, or a party requires court approval. (Dunk v Ford Motor Co. (1996) 48 Cal.App.4th 1794). It is the duty of the court, before finally approving the settlement, to conduct an inquiry into the fairness of the propo sed settlement. (Cal. Rules of Court, rule 3.769(g)). The trial court has broad discretion in determining whether the settlement is fair. In exercising that discretion, it normally co...

Excerpt: ...oss -Complainant Fitness International's CrossComplaint is granted as to the claims contained therein. For purposes of this motion only, the UMFs are established and all objections to evidence are overruled. Background: The Complaint was filed by Plaintiff Montalvo Squar e Associates, LLC (“Plaintiff”) against Defendant Fitness International, LLC (“Defendant” or “Fitness”) on May 24, 2022. The Complaint alleged causes of action for (...

Excerpt: ...call in no later than 8:15 a.m. If you intend to appear by CourtCall, you must make arrangements with CourtCall by 4:00 p.m. the day before your scheduled hearing. Requests for approval of a CourtCall appearance made on the morning of the hearing will not be granted. No ex ceptions will be made. With respect to the tentative ruling below, no notice of intent to appear is required. If you wish to submit on the tentative ruling you can fax notice t...

Excerpt: ... If appearing by CourtCall, call in no later than 8:15 a.m. If you intend to appear by CourtCall, you must make arrangements with CourtCall by 4:00 p.m. the day before your scheduled hearing. Requests for approval of a CourtCall appearance made on the morning of the he aring will not be granted. No exceptions will be made. With respect to the tentative ruling below, no notice of intent to appear is required. If you wish to submit on the tentative...

Excerpt: ...y CourtCall, call in no later than 8:15 a.m. If you intend to appear by CourtCall, you must make arrangements with CourtCall by 4:00 p.m. the day before your scheduled hearing. Requests for approval of a CourtCall appearance made on the morning of the hearing will not be granted. No exceptions will be made. With respect to the tentative ruling below, no notice of intent to appear is required. If you wish to submit on the tentative ruling you can ...