Excerpt: ...ant's motion to tax is GRANTED IN PART as to the service fees for the motion to enforce liability in the amounts of $155, $154.75, $125, and $235, and DENIED IN PART as to the consulting fees. While the consulting fees were reasonably necessary to the conduct of the litigation, the service fees for the unsuccessful motion to enforce liability were not. (See CCP, § 1033.5, subd. (c)(2).) Discussion: Consulting Fees: Plaintiffs persuasively ar...

Excerpt: ... the notice of stay filed by the County on 2‐27‐18 reflects that the Fishbacks did not list the County as a creditor in their bankruptcy petition. The Trustee did not move to make this an 'asset' of the bankrupt estate. The Court accepts exhibit T attached to Ceccon declaration filed 8‐20‐18 as proof that the County agreed in writing not to raise the 5 year time limit to bring a case to trial as a defense against the Fishback firs...

Excerpt: ...he 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 [email protected]...

Excerpt: ... 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: ...1/2018 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 ...

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: ...Gabriella Ambriz, there is a procedure in place for a refund from the sale proceeds of the subject property. Discussion: Plaintiff seeks a refund of the legally required deposit made per CCP § 685.100 based on the court's May 7, 2018 order waiving fees associated with the costs of publication. According to the Declaration of Gabriella Ambriz, the Clerical Supervisor for the Ventura County Sheriff's Office, Civil Division, the Sheriff'...

Excerpt: ...st 24, 2018 on Defendant Call Me Van Line, Inc.'s Motion for Reconsideration of the Court's July 27, 2018 Rulings Deny Defendant Call Me Van Line, Inc.'s ("Call Me") request pursuant to Code of Civil Procedure §1008 for reconsideration of the Court's July 27, 2018 discovery rulings, on the ground that Call Me fails to identify any "new or different facts, circumstances, or law" which would justify reconsideration....

Excerpt: ...t, 07/18/2018 stolo The Court intends to rule as follows: Overrule the County's objections. GRANT the motion to determine the good faith settlement. Discussion: Any party to an action in which it is alleged that two or more parties are joint tortfeasors or co‐obligors on a contract debt shall be entitled to a hearing on the issue of the good faith of a settlement entered into by the plaintiff or other claimant and one or more alleged tortfe...

Excerpt: ...complaint, with leave to amend. (CCP §§ 430.10(e), (f).) The first cause of action for defamation. The language of the alleged comments and their context support the conclusion that they were statements of opinion. Plaintiff fails to allege facts supporting a false statement of fact, which is one of the key elements of this cause of action. (See Baker v. Los Angeles Herald Examiner, 42 Cal.3d 254, 259 (1986), citing Letter Carriers v. Austin, 4...

Excerpt: ...on to Compel, 06/20/2018 stolo The Court intends to rule as follows: GRANT. Strike all plaintiff's objections to the form interrogatories for failing to meet her burden of justifying them in her opposition. Should this result in the need to alter her responses to form interrogatories‐general 2.12, 2.13, 6.6, 9.1, 9.2, 10.3, 12.2, 12.3, 12.4, 13.1, 13.2, 50.3, 50.4, 50.5, 50.6 and form interrogatories‐employment 210.1, 210.5, 210.6, 212.1,...

Excerpt: ... Adjudication, 05/30/2018 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, p...

Excerpt: ...uling. 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: ...n ‐ Other, 05/02/2018 stolo The Court intends to rule as follows: As to Moving Party's request for judicial notice of the Court file: Grant. The Court intends to Deny Defendant's motion to stay action or for an injunction as to discovery. Defendant made no evidentiary showing concerning any pending discovery served by Plaintiff in this matter and thus, Defendant presented no evidence that such discovery would somehow 'impede' th...

Excerpt: ...ames Shaw and Linda Levine's motion for summary judgment. Evidentiary Issues For purposes of this motion only: Proposed UMFs 1, 4‐7, 9‐12 and 20 are undisputed. Proposed UMFs 2, 3, 13‐17 and 19 are disputed but nonetheless established. Proposed UMFs 8 and 18 are disputed but not established by the evidence cited to by defendants. Defendants' evidentiary objections are sustained. To the extent they are offered for the truth of statem...

Excerpt: ... motion for fees and costs is denied. The Court finds that the anti‐SLAPP motion was not frivolous, or solely intended to cause unnecessary delay. Although ultimately unsuccessful, Defendant's motion was supported by legal argument and citations to legal authority. The fact that this Court and the Court of Appeals subsequently disagreed with Defendants' arguments and distinguished this case from Hailstone does not demonstrate that the m...

Excerpt: ...r August 21, 2018 on Defendants' demurrer to fourth amended complaint Grant defendants' unopposed request for judicial notice. Overrule Defendants' demurrer to cause of action 6 (breach of fiduciary duty) in the fourth amended complaint . Defendants' demurrer was limited to the argument that plaintiff had not alleged facts supporting a finding of fiduciary duty. However, the facts alleged will support the application of the trust ...

Excerpt: ...e 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 telefax must...

Excerpt: ...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 Courtroom...

Excerpt: ..., 2018 on Defendants Evelyn, Laurie, Marie, and Michael Lundin's Motion for Judgment on the Pleadings on Plaintiffs Bodo and Deborah Meschkat's Complaint The court grants Defendants Evelyn, Laurie, Marie, and Michael Lundin's request for judicial notice in its entirety. The court denies Defendants' request for judgment on the pleading on Plaintiffs Bodo and Deborah Meschkat's Complaint. First, Defendants' argument that the...

Excerpt: ...2018 stolo Tentative ruling for August 15, 2018 on Defendants Kevin and Mary Cox's Motion for Sanctions Pursuant to Code of Civil Procedure §128.7 against Plaintiff Ronald and his Attorney of Record Matt Bromund Deny Defendants Kevin and Mary Cox's request for an award of sanctions pursuant to Code of Civil Procedure §128.7 against Plaintiff Ronald Otto and his attorney of record. First, the motion fails to make clear what specific plea...

Excerpt: ... 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 [email protected] or by fax to Judge Gu...

Excerpt: ...fendant's motion to strike prayer for punitive damages The court DENIES Defendant's motion to strike the prayer for punitive damages from the complaint. Plaintiff has alleged facts that, if proven at trial, would constitute malice under Civil Code §3294(c)(1). While defendant may dispute those facts, a motion to strike is not the proper place to do so. See CCP §437. The grounds for a motion to strike must appear on the face of the plead...

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 ten...

Excerpt: ...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 email to the court at: ...