Excerpt: ...e cross‐complaint occurred before the filing of the complaint. The cross‐ complaint is not based on plaintiff's protected free speech or her petitioning activity. The cross‐ complaint simply does not fall within the ambit of CCP 425.16. ...

Excerpt: ... 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 email to th...

Excerpt: ...defense and the arguments made by the Winchester parties. The court declines to consider the evidence submitted with the opposition. None of the defenses are so uncertain that they cannot be responded to. Some of the defenses stem from the allegations of the cross‐ complaint and other pleadings in this action and are, therefore, adequately plead. Some of the defenses are within Winchester's own knowledge. Some of the defenses are self‐exp...

Excerpt: ...e 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 tentative. Do not call i...

Excerpt: ...is 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 a...

Excerpt: ...e ruling for June 19, 2018 on Cross‐defendant Arturo Melgoza's motion for summary judgment Evidentiary Issues The court declines to rule on plaintiff's objections to evidence as this evidence was not material to the court's decision. As plaintiff did not meet his burden of producing evidence in support of UMFs 9‐12, the court did not need to consider the opposing evidence to which plaintiff objected. The court also declines to rul...

Excerpt: ...judication, 01/17/2018 stolo Tentative ruling for June 19, 2018 on Plaintiff's motion for summary adjudication of issues The court DENIES Plaintiff's motion for summary adjudication of issues, as explained below. Issue 1: Is Fidencio Hernandez liable under the first and second causes of action for breach of oral and written contract? For purposes of this motion only, UMFs 1‐5, 11‐22, and 24 are undisputed or established. UMFs 6‐10, ...

Excerpt: ...Motion ‐ Other, 05/01/2018 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...

Excerpt: ...18, 2018 on Plaintiff Wells Fargo Bank, N.A.'s Motion for Summary Judgment or Summary Adjudication The court finds, for the purposes of this motion only, that: Plaintiff Wells Fargo Bank, N.A.'s Material Facts Nos. 1‐36 are supported by the cited‐to evidence and established. Plaintiff's Complaint asserts six counts under various legal theories, but that all counts appear to be based on the same cause of action based on a single ob...

Excerpt: ... Defendant James Allen Motors, Inc.'s Motion for Summary Judgment on Plaintiff Amy Ericson's Complaint The court DENIES Defendant James Allen Motors, Inc.'s Motion for Summary Judgment on Plaintiff Amy Ericson's Complaint, for the following reasons. Evidentiary Issues Overrule Plaintiff Amy Ericson's evidentiary objections to the declaration of Defendant James Allen Motors, Inc.'s ("Dealer") expert Jack Cohen. Sust...

Excerpt: ...ce 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] st...

Excerpt: ...all requests for judicial notice. Overrule Powell's objections. Decline to rule on the County's objections 1‐8 as the evidence was not material to the court's analysis. CCP § 437c(q). Overrule the County's objections 9‐13 as these are objections to Smitty's material facts, not to the evidence in support. For purposes of this motion, UMFs 4 and 8 are not established. All other UMFs are established. At the outset it should ...

Excerpt: ... intends to: GRANT plaintiff's motion to quash deposition subpoenas and award her $3,935 in sanctions against defendant and its attorney. On their face, the subpoenas are overbroad. While defendant clearly is entitled to some documents from plaintiff's medical providers, defendant simply has not shown a particularized need for all the confidential information sought. ...

Excerpt: ...rules Defendants' demurrer as to the argument concerning Plaintiff Andrew Donen and his standing as to the first and third causes of action of the First Amended Complaint. Paragraphs 30 and 43 make it clear that it is only Plaintiff Elizabeth, and not her husband, who is asserting the breach of contract and specific performance causes of action. On the second cause of action (promissory estoppel) the court overrules as to Plaintiff Andrew Don...

Excerpt: ...8 on Motion to Compel Arbitration The court grants defendant Crown's motion to compel arbitration. (CCP 1281, et seq.) As noted by both parties here, in order for an arbitration provision to be rendered unenforceable both procedural and substantive unconscionability must be present. (See Kinney v. United Healthcare Service, Inc. (1999) 70 Cal.App.4th 1322, 1329.) Yet Plaintiff makes no showing of substantive unconscionability ...

Excerpt: ...18 stolo Tentative ruling for June 12, 2018 on Defendants Kevin and Mary Cox's Demurrer to Plaintiff Ronald Otto's 1st Amended Complaint, and Motion to Strike Portions Thereof The court sustains, with leave to amend, Defendants Kevin and Mary Cox's unopposed demurrer for uncertainty to the first cause of action for intentional infliction of emotional distress, second cause of action for fraud, third cause of action for medical malprac...

Excerpt: ...e 12, 2018 on Defendant D.N. Michelson, M.D., Inc.'s Demurrer to Plaintiff's Complaint Defendant D.N. Michelson, M.D., Inc.'s unopposed Demurrer to Plaintiff's Complaint is: SUSTAINED WITH LEAVE TO AMEND as to the first cause of action for breach of contract. CCP § 430.10(e). Plaintiff fails to attach a copy of the written contract or plead the material terms verbatim. Accordingly, the demurrer must be sustained. (Otworth v. Sout...

Excerpt: ...n ‐ Other, 05/16/2018 stolo Tentative ruling for June 11, 2018 on Petition to compel arbitration Grant respondent's request for judicial notice. Overrule respondent's objections for purposes of this motion only. The court DENIES, with prejudice, Sam Vosoghian's Petition to Compel arbitration. The present controversy involves: 1) claims regarding the Bundy property; 2) claims regarding the Mobil station in Simi Valley; 3) claims rega...

Excerpt: ...s 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: Courtro...

Excerpt: ...r 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] stating...

Excerpt: ... follows: Defendant's demurrer for failure to state a claim and uncertainty is OVERRULED. Defendant's demurrer to the FAC on the grounds of failure to state a claim and uncertainty is OVERRULED." Discussion: Demurrer for Failure to State a Claim: "In an action for injury or death against a health care provider based upon such person's alleged professional negligence, the time for the commencement of action shall be three years...

Excerpt: ...with leave to amend Porat's motion to strike the Second Amended Complaint as to the prayer for punitive damages (Compl., ¶ 32 & prayer ¶ 4), and Deny in part as to the Second Amended Complaint as a whole, prayer for attorney fees, and other allegations. Merits of the Motion Entire Second Amended Complaint: The entire Second Amended Complaint should not be dismissed simply because the word "stucco/drywall" is used. The material fact ...

Excerpt: ...#39;s demurrer to each cause of action in the Second Amended Complaint is OVERRULED. A. Demurrer for Failure to State a Claim First Cause of Action for Negligence: Plaintiff's negligence claims is based on two theories of liability: (1) Porat owned/controlled/managed the property; and (2) Porat employed Plaintiff. Assuming arguendo that Porat is correct that the grant deed shows he did not own the property at the time of the incident, for pur...

Excerpt: ...ve Order, 04/02/2018 stolo The Court intends to rule as follows: Overrule Defendant Foodservice Operators Training Achievement Program Series, LLC's ("TAP") evidentiary objections to the declaration of Plaintiff Tristan Baer's counsel N. Cory Barari and attached Exhibits. Overrule Plaintiff Baer's objections to Defendant TAP's Opposition Brief. Find that Plaintiff fails to demonstrate that the Stored Communications Act app...

Excerpt: ...liminarily, the court vacates its order of April 23rd finding that the settlement is on good faith. That was prematurely entered, and without knowledge that the instant motion had been filed. The motion to contest the application for a good faith finding is denied. The settlement is for Michel's policy limits. That is an important factor, especially where those limits are in the amount of $100,000.00. Wood Ranch filed its answer on September ...