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: ...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: ...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: ...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: ... 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: ...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: ... 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: ... 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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ..." 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: ...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: ...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: ...: 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: ...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: .../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: ...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: ...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: ...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: ...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: ...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: ...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: ...;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: ... 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: ...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@...

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: ...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...