Excerpt: ...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 805‐477‐ 5894, stating that you submit on the tentative...

Excerpt: ... FILED: Motion to Consolidate Cases, 10/04/2018 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...

Excerpt: ...intends to rule as follows: Plaintiffs' Motion for Order Compelling Deposition of Elvira Citrowske and Production of Documents is DENIED. Plaintiffs are seeking privileged and non‐discoverable testimony and document production in violation of Evidence Code §§ 1040 and 1157 and Fox v. Kramer (2000) 22 Cal.4th 531. As such, the motion is denied. Moving party to give notice. Discussion: Initially, the Court notes that, contrary to Defendants...

Excerpt: ...ling. 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 must be ...

Excerpt: ...r uncertainty is Overruled. There are no uncertainties in the FAC which cannot be clarified through discovery. See Khoury v. Maly's oif California, 14 Cal.App.4th 612. Moving defendant's demurrer for failure to state a claim to the FAC as a whole is Overruled. Although not addressed by the parties, a general demurrer for failure to state a claim directed to the complaint as a whole should be denied if some portion of the complaint states ...

Excerpt: ...e 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 must so notify the...

Excerpt: ...29/2018 stolo Plaintiffs' motion for fees on appeal is GRANTED IN PART in the amount of $73,529.95. The Court reduced the award based on Brian Bickel's excessive hourly rate (which has been reduced to $450) and the excessive time reported to have spent in connection with this motion (which has been reduced by 20 hours). Thus, the underlying lodestar figure is $65,610.50. The Court finds that a multiplier of 1.1 is warranted, and therefore...

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] stati...

Excerpt: ...tatement 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 805‐477‐ 5894, stating that you submit on the ...

Excerpt: ... 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 805‐477‐5894, stating that you submit on the tentative. A...

Excerpt: ...for Summary Judgment and/or Adjudication, 06/07/2018 stolo The Court intends to rule as follows: Defendant's request for judicial notice is GRANTED. Defendant's motion for summary judgment of the entire action is DENIED, and Defendant's motion for summary adjudication is GRANTED IN PART and DENIED IN PART. The motion for summary adjudication is DENIED as to the second, third, fifth, sixth, seventh, eighth, and ninth causes of action. ...

Excerpt: ... October 29, 2018 on Defendants/Cross‐Complainants Kelly Frederick's and Timothy Athens' Motion to Disqualify Plaintiff/Cross‐Defendant Tricoast Builders, Inc.'s and Cross‐Defendant Michael Connette's Counsel of Record The court finds that Plaintiff and Cross‐Defendant fail to demonstrate that Defendants' delay in bringing this motion and the resulting prejudice is so extreme as to support a finding that Defendants hav...

Excerpt: ...her, 09/25/2018 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 ...

Excerpt: ...E FILED: Motion ‐ Other, 10/04/2018 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 su...

Excerpt: ...on ‐ Other, 08/20/2018 stolo The court intends to DENY Petitioner Gail Simpson's Petition to be Relieved from Provisions of Gov. Code 945.4 because: (1) It is time‐barred because Petitioner did not present her application for late claim relief within one year of the accrual of her cause(s) of action and the court does not have jurisdiction over the late claim and may not grant relief. Filing a late‐claim application within one year of t...

Excerpt: ...or 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] statin...

Excerpt: ...Court GRANTS the defendant's request for judicial notice. Judicial notice is taken of defendant's Exhibits A, D‐M. (Evid. Code, §§ 451 and 452.) The Court finds the following undisputed material facts ("UMFs") are undisputed and established: 1‐64. The Court GRANTS defendant's motion for summary judgment on the second amended complaint. Defendant has made a persuasive argument that summary judgment is proper as there is n...

Excerpt: ... Mark C. Sherwood's and Suncoast Produce, Inc.'s Demurrer to Plaintiff John Paul Voita's Second Amended Complaint The court sustains, without leave to amend, Defendants Mark C. Sherwood's ("Sherwood") and Suncoast Produce, Inc.'s ("Suncoast") general demurrer to the first cause of action for fraud in Plaintiff John Paul Voita's Second Amended Complaint (SAC), on the grounds that Plaintiff fails to allege fa...

Excerpt: ... 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] stating that you submi...

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 tent...

Excerpt: ...on 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@v...

Excerpt: ...he 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] stating that you submit ...

Excerpt: ...e 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: Cou...

Excerpt: ...urt'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 o...

Excerpt: ...urposes. 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] stating that y...

Excerpt: ...s‐Complainants' motion for a preliminary injunction will be DENIED. Although they have shown a likelihood of prevailing on the merits, they have failed to show that the interim harm that they are likely to suffer if the injunction is denied outweighs the harm that Plaintiff is likely to suffer if the injunction is granted. 1. Likelihood Cross‐Complainants Will Prevail on the Merits In support of this motion, Cross‐Complainants generally...

Excerpt: ...her, 08/16/2018 stolo Dr. Jaeger: Plaintiff does not object to this IME. Dr. Rudin: Defendants admit that notice of this IME was not served pursuant to CCP § 2032.220(d). They request relief under CCP § 473(b). The court could grant this relief. However, given that the expert discovery cut‐off is governed by the 1/7/19 trial date, defendants would not seem to need relief from their untimely notice as there is time to properly serve another no...

Excerpt: ...edures: 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@ventura....

Excerpt: ...w & 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 Court...

Excerpt: ...efault and Default Judgment, 09/07/2018 stolo The Court intends to rule as follows: Defendant Mitchell Keith's Motion to Vacate Default and Default Judgment is DENIED. CCP § 473(b) and/or CCP § 473.5. Initially, the Court notes that the motion is not timely per CCP § 473(b) as the default was entered on 10‐16‐17 and this motion was not filed until 9‐7‐18, beyond the six‐month limitation of CCP § 473(b). While the Court would hav...

Excerpt: ...tatement 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 805‐477‐ 5894, stating that you submit on the ...

Excerpt: ...m 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‐mail a...

Excerpt: .../13/2018 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 ema...

Excerpt: ...h's Motion to Dismiss or, Alternatively, Transfer Action on the Ground of Inconvenient Forum (CCP §§ 396(b), 418.10, 397) [Opposed] Motion #2: Defendant Mid‐Century Insuracne Co.'s Motion to Dismiss or, in the Alternative, to Transfer the Action (Opposed) The Court intends to rule as follows: Grant the motions and either (1) dismiss this action or (2) transfer it to Los Angeles Superior Court and order Plaintiff to pay transfer fees. ...

Excerpt: ...el, 08/31/2018 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 d...

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: ...: Motion ‐ Other, 09/11/2018 stolo The Court intends to rule as follows: Deny sanctions per CCP § 128.7, but grant motion for judgment on pleadings with leave to amend. As an initial matter the Court notes that Defendants Nationstar Mortgage LLC, U.S. Bank National Association and Mortgage Electronic Registration Systems, Inc.'s Request for Judicial Notice is GRANTED. Judicial Notice is taken of Defendant's Exhibits A‐O pursuant to E...

Excerpt: ...g for October 9, 2018 on Defendants' Demurrer Grant Defendants' unopposed request for judicial notice. Sustain, without leave to amend, Defendants' demurrer to all ten causes of action on all grounds argued by Defendants, including res judicata and the individual arguments raised as to the merits of each claim, as further explained below. 1. Civil Code §2923.5 "California Civil Code 2923.5 includes a ... provision requiring a len...

Excerpt: ...tion for Leave to File, 08/24/2018 stolo The Court intends to rule as follows: The Court intends to GRANT the motion for leave to amend. Plaintiff complied with Rule 3.1324. Defendants failed to establish that the proposed cause of action is deficient as a matter of law. Cal OSHA violations may be admitted to establish a standard or duty of care in all negligence, including third party actions. Defendants' arguments that they did not violate ...

Excerpt: ... Defendant's objections to SI Nos. 20‐24 on the grounds of relevance and overbreadth lack merit and are OVERRULED. Defendant's privacy objection to SI Nos. 21‐22 lack merit and are OVERRULED. Defendant's privacy objection to SI Nos. 20 and 23‐24 does not justify the denial of discovery; however, the Belaire notice and opt‐out procedure should be followed to assuage privacy concerns. Accordingly, the Court will order the use of...

Excerpt: ... in Installments, 07/16/2018 stolo The Court intends to rule as follows: Continue for proper service on the creditor pursuant to CCP §1005(b). Only eight days notice was given. Upon proper notice, the motion may ultimately be granted. Discussion: In a limited civil case in which the defendant has appeared, if the judgment or order is for the payment of money by the defendant, the defendant shall pay the judgment immediately or at any time and up...

Excerpt: ... Other, 09/07/2018 stolo The Court intends to rule as follow: Deny Plaintiff Rudi Londt's request for an order vacating the Court's June 9, 2017 Judgment and the Court's October 24, 2017 Order awarding Defendants Nationstar Mortgage LLC and HSBC Bank, USA attorney's fees. Defendant brings his motion pursuant to Code of Civil Procedure §473(d) on the ground that the June 9, 2017 Judgment and the October 24, 2017 Order are "voi...

Excerpt: ...igned 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@ventu...

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 t...

Excerpt: ...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 805‐477‐5894, stating that...

Excerpt: ...mmary Adjudication, 06/27/2018 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 decisi...

Excerpt: ...emurrer to complaint Grant defendants Shellpoint Mortgage Servicing and The Bank of New York Mellon's unopposed request for judicial notice. OVERRULE defendants' demurrer to the first, second, fourth, and fifth causes of action. Plaintiffs have alleged BONY's liability based on the theory of agency. 1 st c/a (violation of Civ.Code § 2923.6(f)): SUSTAIN with leave to amend. Plaintiffs have not alleged a violation of any subsection of ...

Excerpt: ... The Court intends to rule as follows: Grant Defendant Union Pacific Railroad Company's ("Union Pacific") request for judicial notice. Sustain Union Pacific's evidentiary Objections Nos. 5 and 6 to the declaration of Mark J. Burns. Overrule Union Pacific's remaining Objections to Plaintiff Elian Joseph Rodriguez's evidence. Find, for the purposes of this motion only, that (i) Union Pacific's Material Facts Nos. 1‐3, ...

Excerpt: ...r 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 the ...

Excerpt: ...bmit 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 Defendan...