Excerpt: ...ce 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 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 in...

Excerpt: ...s 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 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 e...

Excerpt: ...�) moves for an order (i) compelling Cross-Complainant M & Tony's Touch, Inc.'s (“M & Tony”) further responses to special interrogatories (set no. 1); and (ii) awarding Bee $2,620 in sanc
Ÿons against M & Tony. On November 16, 2023, M & Tony Þled a “No
Ÿce of Service of Response in Lieu of Opposi
Ÿon…” to Bee's mo
Ÿon, in which M & Tony (a) indicated that it had served Bee with veriÞed further responses to the subject special inte...

Excerpt: ...ng: Plaintiff American Express National Bank's Motion to Vacate the Conditional Dismissal and Enter Judgment Pursuant to Code of Civil Procedure Section 664.6 is GRANTED. For good cause shown, relief is proper per Code of Civil Procedure section 564.5. Judgment is entered jointly and severally against Defendants Hector Galindo and Hg Tools, LLC in the amount of $32,015.61. Order and Judgment signed this date. Moving party to give notice of the Co...

Excerpt: .... Court Call connects to the Courtroom at 8:15 a.m. If you wish to submit on the court's tentative decision, please send an email to the court at:[email protected]. All counsel and self-represented parties must be copied on the email. Absent waiver of notice and in the event an order is not signed at the hearing, the prevailing party shall prepare a order and comply with CRC 3.1312 subdivisions (a), (b), (d) and (e). The following...

Excerpt: ...s locked, please call Judge Coats's secretary, Ms. McIntyre, at 805-289- 8791 to gain entry. The Court allows appearances by CourtCall but is not equip#d for If appearing by CourtCall, call in no later than 8:30 a.m. If you intend to ap#ar by CourtCal, 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....

Excerpt: ...s 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 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 app...

Excerpt: ...he description of work performed by each class representative is generic enough that the exact same description is used for representatives. It is unclear why an award of $10,000 is warranted, and no updated declarations were provided. The Court did not previously flag this as an issue, so if the parties wish to contnue the hearing and prov-ded updated declarations, the Court can accommodate that request. Otherwise the Court intends to award $5,0...

Excerpt: ...ces 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 by 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...

Excerpt: ...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 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. ...

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 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 made. With respect to the tentative ruling no notice of intent to appear is required. If you wish to subm...

Excerpt: ...ents in Response to Plaintiff's First Set of Document Requests is DENIED. The motion is untimely pursuant to Code of Civil Prc„cedure section 2031.310, subdivision (c). Additionally, the meet and confer was inadequate and the separate statement was defective. a. The motion is untimely. Ctxle of Civil Procedure section 2031.310, subdivision (c) provides: "[u]nless notice of this motion is given within 45 days of the service of the verified respo...

Excerpt: ...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 by 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...

Excerpt: ... 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 by 4M 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 notce of intent to appear is required. If pu wish to su...

Excerpt: ...in 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, pu 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...

Excerpt: ...98, the only published state court case that had dec:ided the arbitrability of a nearly identical arbitration clause under similar circumstances at that time. Since then, other decisions have been published disagreeing with and/or critiquing Felisilda. Plaintiff moved on July 12, 2023 for the Court's reconsideration of its ruling granting the motion to arbitrate based on new cases disagreeing with Felisilda. The Court denied Plaintiff's request, ...

Excerpt: ...s 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 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 ...

Excerpt: ... a participant or beneficiary to recover benefits due under the terms of the plan, to enforce rights under the terms of the plan, or to clarify rights to future benefits under the terms of the plan. (29 U.S.C.A. S 1132, subds. The Court intends to overrule the demurrer to the extent it is based on Code Civ. Proc., S 430.10, subd. (b) as there is no argument or indication that plaintiff lacks the legal capacity to sue. The Court intends to overrul...

Excerpt: ...(3) Defendant's Motion to Have Matters Deemed Admitted, and $960 in sanctions. (4) Defendant's Motion to Compel Responses to Special Interrogatories, and $960 in sanctions. (unopposed) Tentative Rulings: The Court intends to rule as follows: Defendant Casey Dean Pfankuchen's Motion to Compel Plaintiff Ulises Reyna's Responses to Form Interrogatories (Set One) is unopposed and is GRANTED. Defendant's Motion to Compel Plaintiff's Responses to Speci...

Excerpt: ...pany's complaint in Allied v. Edwards, 55-2016 -W477571-CU-lC-VTA. Tentative Ruling: The Court intends to deny the motion for summary adjudication of the fourth issue, going to the second cause of action in Allied's complaint filed in case no. 201500477571 on 1/25/16. Defendants have failed to meet their burden of demonstrating that Allied will be unable to establish one of the elements of the cause of action or that they have a complete defense ...

Excerpt: ...ond amended Cll (opposed) Tentative Ruling: The Court intends to overrule Defendants in Intervention's Demurrer to the Second Amended Complaint In Intervention's third cause of achon for express contractual indemnity. Background: Complaint for breach of contract, conversion, UCL, and account stated filed by Nancy Faries, as trustee for Cyril L. and Nancy L Faries Family Trust, on 5/25/22. After a demurrer and motion to strike were filed, a First ...

Excerpt: ... Water Quality Control Board, Los Angeles Region ("Regional Board") (opposed) (3) Joinder to the motion to dismiss and the demurrer by Real Party In Interest The Boeing Company ("Boeing") Tentative Rulings: Boeing's joinder is GRANTED. DTSC's motion to dismiss is GRANTED. Plaintiffs failed to timely file a request for a hearing pursuant to Public Resources Code section 21157.4. No separate request for hearing was filed in the first 90 days of thi...

Excerpt: ... 8:15 a.m. If you wish to submit on the court's tentative decision, please send an email to the court at:[email protected]. All counsel and self-represented parties must be copied on the email. Absent waiver of notice and in the event an order is not signed at the hearing, the prevailing party shall prepare a order and comply with CRC 3.1312 subdivisions (a), (b), (d) and (e). The following is a statement of the court's tentatve r...

Excerpt: ...33, 34, 35, 36, 27, 38, 39, 40, 41, 42, 43, 44, and 45. Defendants' Material Facts that are undisputed, but not established: LIMF No. 9. Defendants' Material Facts that are disputed, but otherwise established: LIMF Nos. 8, 10, 20, and 27. This case involves a cause of action for against defendants, Francisco and Noemi Apodaca Gonzalez, and the Gonzalez's real estate broker, Richard Ballard dba RE Ballard Company. The gravamen of this action is Pl...

Excerpt: ...sly sued as Sares Regis Management Co. LLC ("Sares") is DENIED. There is a factual dispute as to whether Knolls and Sares had knowledge of the dangerous propensity of the dog prior to the incident giving rise to Plaintiff's claims. Plaintiff proffered testimony of a witness who claims he notified property management of both the dangerous propensity of the dog and identifying information about the owner of the dog prior to the incident in this cas...

Excerpt: ...ke the delayed discovery rule such that the claim is not necessarily barred by the statute of limitations. Moreover, the cause of action is pled with the required level of specificity, and the facts alleged establish an adequate transactional relationship giving rise to a duty to disclose. The Defendant's Motion to Strike is denied because the FAC pleads facts sufficient to support a claim for punitive damages on the basis of fraud, malice, and/o...

Excerpt: ...ndant order to provide service of the new date and time forthwith. Defendant failed to provide adequate notce of the moton. (Code Civ. Proc., SS 418.10, subd. (b); 1005, subd. (b).) Analysis: 1. Proof of Service Code of Civil Procedure section IIN5, subdivision (b) requires that "all moving and supporting papers shall be served and filed at least 16 court days before the hearing." This time #riod is extended by 5 days for mailing within the State...

Excerpt: ...ed. If you wish to submit on 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 pur 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 commu...

Excerpt: ...etermination of Good Faith Settlement is GRANTED. The court finds that the settlement between Plaintiff and Cross-Defendant Topp End Enterprises, lnc„ meets the factors for finding a good faith settlement under Tech-Bilt, Inc. v. Woodward-Clyde & Associates (1985) 38 Cal.3d 488. Background: On 1/9/20, Plaintiff was contacted by a representative of Toppers Pizza to provide service for a refrigeration unit on the roof of Mission Village, LLP. Pla...

Excerpt: ...ed. If you wish to submit on 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 pur 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 commu...

Excerpt: ...urt finds that the settlement meets the factors for finding a good faith settlement pursuant to Tech—Bilt, Inc. v. Woodward—Clyde & Associates (1985) 38 Cal.3d 488. Grounds: Defendants/Cross-Defendants/Cross-Complainants Gary Pugh and Barbara Pugh move the court for an order, pursuant to Code of Civil Procedure section 877.6, determining that the $300K settlement between Plaintiff and moving parties is made in good faith. Such a determination...

Excerpt: ...t on 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 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 couns...

Excerpt: ...l 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 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 notce of intent to appear is required. If pu wis...

Excerpt: ..., 51 Cal.App.4th 1513. Additionally, Defendant correctly points out that Plaintiff failed to meet and confer before filing this motion. However, under the circumstances presented in the moving papers and Defendant's opposition, the Court concludes that further meet and confer efforts after service of Defendant's first Supplemental Responses to the RFA's would have been fruitless, as the parties' positions are quite firm. Accordingly, Defendant's ...

Excerpt: ... please send an email to the court at:[email protected]. All counsel and self-represented parties must be copied on the email. Absent waiver of notce 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...

Excerpt: ...on the court's tentative decision, please send an email to the court at:[email protected]. All counsel and self-represented parties must be copied on the email. Absent waiver of notice and in the event an order is not signed at the hearing, the prevailing party shall prepare a propsed 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 ado...

Excerpt: ...ificity facts which amount to more than medical negligence. Sustain demurrer to the 3rd cause of action (Elder Abuse —Gino Lancelot-b) with leave to amend as to defendants Adventist Health So. California Medical Foundation, Adventist Health Physicians Network and Adventist Health Foundation. "Plaintiffs cannot bring a claim for neglect under the Elder Abuse Act unless the defendant health care provider has a caretaking or custodial relationship...

Excerpt: ...s 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 on message. You must include all counsel and self-represented parties on pur 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 em...

Excerpt: ...wish to submit on 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 ...

Excerpt: ...ear 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 on message. You must include all counsel and self-represented parties on pur 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 a...

Excerpt: ...e. (2) Local Rule 8.10A assumes a joint request for an informal discovery conference. There has been no such joint request here. (3) The Opposition was one day late. No prejudice is apparent. The Court considers the opposition. The motion is granted. Defendants are ordered to provide verified, code compliant Further responses without objection to interrogatories 14.1, 15.1 and 17.1 and special interrogatories 5-8, 13, 14, 17, 34-37, 4147 and 49 w...

Excerpt: ...provided any new fact, circumstances or law that was previously unknown that would warrant reconsideration. The moton also fails to include the required affidavits under Code of Civil Procedure section Background: Plaintiffs filed a complaint against Defendants James E. Miller Jr., and Susan D. Miller Trustees of the Miller Trust; James E. Miller Jr, an individual and Susan D. Miller, an individual. The complaint alleged causes of action relating...

Excerpt: ...gligence. All of these causes of action are based on a claim that the apartment she was renting had a variety of habitability issues including waterproofing, electrical problems and mold. These same conditions were alleged as affirmative defenses in an unlawful detained filed by Prime Peninsula (the defendant in this action) in this court as case 56-2022-565942. That action went to trial as was resolved in favor of Prime Peninsula. This included ...

Excerpt: ...e claim submi
©ed by Pe
Ÿ
Ÿoner to the Rio School District was brought within one year of the event upon which the claim is based, and Pe
Ÿ
Ÿoner was a minor during all relevant
Ÿmes. Government Code sec
Ÿon 946.6, subdivision (c)(2) provides that the Court shall relieve the pe
Ÿ
Ÿoner from the requirements of Government Code sec
Ÿon 945.4 if the court Þnds that the applica
Ÿon to the board under Sec
Ÿon 911.4 was made within a reas...

Excerpt: ...2698 et seq regarding overtime, meal and rest breaks, minimum wage, termination pay, wage statements, etc. The parties reached settlement in June 2023. underthe Settlement Agreement, attached as Ex. 2, Defendant agrees to pay a common fund settlement of $33,000 in two installments. The Settlement Fund is inclusive of payments to the LWDA and Allegedly Aggrieved Employees, Plaintiff's Counsel Payment and Settlement Administrator Costs. No portion ...

Excerpt: ...l in at 8:00 a.m. Court Call connects to the Courtroom at 8:15 a.m. If pu wish to submit 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 tentatve ruling...

Excerpt: ...Plaintiff, as a registered nurse, does not qual-fy as a licentiate under Bus. & Prof. Code, S and therefore does not qualify as a "health care professional" for purposes of Bus. & Prof. Code, 5510 and 5510(h) in particular. Plaintiff has not suggested that he could plead any facts which would qualify him as a "health care professional" under the statute's definition. The Court intends to overrule the demurrer to the fourth cause of action. Defend...

Excerpt: ...ain 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, pu 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, n...

Excerpt: ..., 13, 15, 16, 22, 28, 29, 31, 32, 38, 44, 45, 47, and 48 are disputed and not established. Plaintiff's AUMF's 1-21 are undisputed and established. GLM admits it keeps no record/reports of the maintenance they complete at LMD 39, or any record of sprinkler schedules or settings. Plaintiff cannot be expected to have records that do not exist. Weather data for Oxnard shows that in January of 2020 there was a total of .25 inches of rainfall in the 24...

Excerpt: ... Judicial Assistant by 8:20 a.m. No notice of intent to appear is required. Parties wishing to submit on the tentatve decision must so notify the Court by e-mail at .courts.ca.gov 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, but another party appears, the hearing will be conducted in the absence of the non...