Excerpt: ... DEFENDANTS LAW OFFICES OF ROBERT M. BASKIN & ARTHUR LIBERTY TO COMPLAINT Grant Defendants' requests for judicial notice The Court sustains, with leave to amend, the demurrer to cause of action one (breach of fiduciary duty) for insufficient facts regarding the running of the statute of limitations. The one year/four year statute of limitations under CCP 340.6 is a cut and dry statute of limitations. (See CCP 340.6 and Prakashpalan v. Engstro...

Excerpt: ...ED: stolo Tentative ruling for July 25, 2018 on petition for writ of mandate Grant County's request for judicial notice. DENY petition for writ of mandate The 1955 subdivision did not fall within the exception of Ordinance 551, § 8211.113, and, therefore, was improper because no map was submitted for approval. Subdivisions are divisions of land for the purpose of sale, lease, or financing. Gov.Code § 66424. The exception at § 8211.113 cove...

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: ... 24, 2018 on Plaintiff's Motion to Amend Judgment Plaintiff Modern Adjustment Bureau's Motion to Amend Judgment is GRANTED IN PART. CCP § 187. For good cause shown, the judgment is amended to add "Kerie Berkowitz" to the judgment as an alternative name for Defendant/Judgment Debtor Kerie Schwartz. However, there is insufficient support to add the names "Kerie Schultz" and/or "Kerie Schwarts" to the judgment. The C...

Excerpt: ...ourt 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 sent to all...

Excerpt: .../2018 stolo Tentative ruling for July 24, 2018 on Demurrer by Defendants Kelly‐ Marie Jones ("Jones") and Cumulus Media, Inc. ("Cumulus") (collectively, "Defendants") to the First Amended Complaint ("FAC") by Plaintiffs Robb Martin Friedman ("Mr. Friedman"), Nikki Lynn Friedman ("Ms. Friedman"), and Tumbleweed Advertising, Inc. ("Tumbleweed") (collectively, "Plaintiffs") The court ...

Excerpt: ...rt'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...

Excerpt: ...deration, 07/12/2018 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 805...

Excerpt: ...tion 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...

Excerpt: ...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] or by fax to ...

Excerpt: ...15/2018 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: ...e Insurance Company's demurrer to SAC First cause of action (breach of contract): SUSTAIN with leave to amend. The only allegation that will support this cause of action is the allegation of coverage due to lack of right of access to and from the land but plaintiff has not alleged this. Allegations that her access is "affected" or "hindered" are not sufficient. The allegation that the BLSC prevents the development of access ro...

Excerpt: ...nfer argument is not persuasive, and is not grounds per se to overrule a demurrer The demurring parties came into the picture well after the allegedly improper representations were made. Centeno and Cruz were the bad actors, and they have no connection at call with Trojan or Special Default. Irregularities in assignments may be an issue between beneficiaries, but the borrowers typically have no standing if there is such a dispute. Maria Bravo has...

Excerpt: ... showing oppressive conduct. No allegations of corporate ratification. Allegations are those of negligence or perhaps gross negligence, but this is insufficient for punitive damages. If something turns up in discovery, plaintiff can move to amend to allege punitive damages. ...

Excerpt: ...ling for July 18, 2018 on Plaintiffs John and Jane McKinney's Motion to Confirm Arbitration Award and Enter Judgment Thereon Deny Defendants David and Judy Johnston's request for an order vacating the Final Arbitration Award (Modified) issued by the Arbitrator on May 21, 2018, on the grounds that (i) the language in both the arbitration provision in ¶7.12 of the 2009 purchase contract between the parties (providing for arbitration of ...

Excerpt: ...: Motion ‐ Other, 06/21/2018 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...

Excerpt: ...ut leave to amend to the 2 nd cause of action. Defendant Simi Valley Unified School District's Demurrer to Plaintiff's Complaint is SUSTAINED WITHOUT LEAVE TO AMEND. CCP § 430.10(e). Plaintiff has failed to allege facts sufficient to establish a defect in the public property and a causal connection between a defect and his injuries. The case here is analogous to Zelig v. County of Los Angeles (2002) 27 Cal.4th 1112 (courthouse not defect...

Excerpt: ...or judicial notice is granted. Champion's demurrer to the first and third causes of action for uncertainty is overruled. There are no uncertainties which cannot be cured by discovery. The demurrer for failure to state a cause of action to the first cause of action is sustained with leave to amend. CBD has not alleged that it has paid damages to Marquart. The declaration of counsel is insufficient to establish that. A demurrer focuses on the c...

Excerpt: ...2018 on Plaintiffs' Motion to Tax Costs or Strike Cost Items The court hereby rules as follows on Plaintiffs' Motion to Tax Costs or Strike Cost Items. Item No. 1: Grant in part as to filing and motion fees in the amount of $294.90, consisting of FAX filing fees and the costs relating to the motion to amend the answer. Defendant will be allowed costs in the amount of $735.00. Please note that the cost memo contains a computation error. (L...

Excerpt: .../12/2018 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 decisio...

Excerpt: ...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: Court...

Excerpt: ...tion 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] or by fa...

Excerpt: ... The three knives were in plain sight. It is foreseeable that teen age boys might carelessly play with them. This ruling establishes a duty. It does not decide that any of the defendants breached that duty. Determination of whether an Intervening act is foreseeable is a question of fact unless under the undisputed facts there is no room for a reasonable difference of opinion. (See Schrimsher v. Bryson, 58 Cal.App.3d 660).. ...

Excerpt: ... on Defendants' Demurrer to the Second Amended Complaint Defendants Western Hotel Brokers, Deborah A. King and Eric M. Gignoux's Demurrer to Plaintiff's Second Amended Complaint is SUSTAINED WITH LEAVE TO AMEND. CCP §§ 430.10(e) and (f). Initially, the Court notes that the Defendants' demurrer based on uncertainty per CCP § 430.10(f) is overruled. However, Defendants' general demurrer is sustained as to the first cause of a...

Excerpt: ... 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 email to the cour...