Excerpt: ...02/28/2018 stolo The Court intends to GRANT Defendant Bank of Sierra's Application to Expunge Lis Pendens. CCP § 405.32. Plaintiffs have not established the probable validity of their claim. Looking the purchase agreement, the escrow instructions and modifications, the Court sees that the purchase agreement provides for wire transfer of funds for the initial deposit, in that the boxes for cashier's check, personal check, or other were no...

Excerpt: ...Compel, 02/23/2018 stolo 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. With respect to the below scheduled tentative ruling, no notice of intent to appear is required. If you wish to submit on the tenta...

Excerpt: ...Deny motions, without prejudice to plaintiff's right to propound new discovery covering the same materials if he so desires. The current motions were filed on February 2, 2018. That same day the court took plaintiff's motion to reopen discovery under submission. On February 5, 2018, the court granted plaintiff's motion to reopen discovery. However, this subsequent reopening of discovery does not cure the defects inherent in the curren...

Excerpt: ...WITH LEAVE TO AMEND Defendant's demurrer for failure to state a claim to the first cause of action. CCP section 340.5 applies to this claim. The complaint discloses that Plaintiff knew of should have discovered her injury and wrongful cause by August 2, 2016, thereby triggering the shorter 1‐year statute of limitations. (See CCP, § 340.5, subd. (a).) Plaintiff does not allege facts to support delayed discovery or tolling under CCP section ...

Excerpt: ...entative 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 telef...

Excerpt: ... The Court intends to Deny the motion for clarification as to status of government claim. Plaintiff has cited no statutory or case law authority by which the court is to "clarify" the status of his tort claims. Plaintiff seeks alternative relief under Gov't Code §946.6. However, Plaintiff has filed a complaint and a first amended complaint in this action, thus Plaintiff has already availed himself of the relief that he would be entit...

Excerpt: ...th leave to amend. In the First Amended Complaint, Plaintiff asserts one cause of action: Health and Safety Code §1278.5. To state a cause of action for §1278.5, a plaintiff must show that he: (1) engaged in protected activity under the statute; (2) he was thereafter subjected to an adverse employment action; and (3) a causal link between the two. Mendiondo v. Centinela Hospital Center, (9th Cir. 2008) 521 F3rd 1097, 1105. Plaintiff alleges tha...

Excerpt: ...intends to Deny the motion to stay. The moving party has not made a compelling argument that a stay is warranted. A stay of proceedings is an equitable remedy, the issuance of which rests in the Court's discretion. (See, e.g., Webster v. Sup. Ct. (1988) 46 Cal.3d 338, 345.) "Trial courts generally have the inherent power to stay proceedings in the interests of justice and to promote judicial efficiency." (Freiberg v. City of Mission V...

Excerpt: ...on for Judgment Not Withstanding the Verdict, 02/01/2018 stolo The Court intends to DENY the motion for judgment notwithstanding the verdict. The motion was not timely made. The notice of motion was served on plaintiffs' counsel more than 15 days after notice of entry of judgment was served on moving parties. Regardless, the motion cannot be granted as to defendant MOGA because that party is a corporation which must be represented by an attor...

Excerpt: ...endants, Nationstar Mortgage LLC, U.S. Bank, N.A., as Trustee for Lehman XS Trust Mortgage Pass‐Through Certificates, Series 2005‐5N, and XOME, Inc. ("defendants" collectively) to the complaint of plaintiff, Felicia Tuitama ("plaintiff"). The Court GRANTS the Request for Judicial Notice of defendants and considers the litigation history of this matter in the federal courts. The defense of res judicata/collateral estoppel is no...

Excerpt: ...ter comes before the Court on the motion of defendant Dignity Health dba St. John's Pleasant Valley Hospital ("Dignity/SJPVH) for summary judgment and/or summary adjudication of issues as to the complaint of plaintiff, Virginia Hoover ("Hoover") in this employment/wrongful termination case. The Court has read and considered the pleadings, declarations, and exhibits filed by the parties in support and opposition. The Court finds th...

Excerpt: ...o The Court intends to rule on the motion to compel further responses to requests for production as follows: RFP 3: GRANT in part. Plaintiff's response is defective. However, the response refers to a witness statement taken by his investigator and that is entitled to at least qualified privilege. It was defendant's burden to show that denial of its request will unfairly prejudice it or will result in an injustice. Since defendant did not ...

Excerpt: ... 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 court at: [email protected]...

Excerpt: ...her, 02/02/2018 stolo Petitioner appears to meet the definition of a newspaper of general circulation. However, a few things have technically deviated from the statutory requirements. First, technically the court should not have set the hearing on the petition until after proof of publication was submitted to the court. Gov. Code §6022. [This seems a little odd since publication is normally meant to give notice of the hearing and it also seems i...

Excerpt: ...t aside default. The motion is, in essence, a renewal motion to an identical motion heard on 12/29/17 and denied. The present motion does not comply with CCP 1008. It is not made under Section 1008, and accordingly, there is no affidavit showing what application was made before, when and to what judge, what order or decisions were made, and what new or different facts, circumstances, or law are claimed to be shown. Defendant also does not provide...

Excerpt: ...to rule as follows: The Court intends to Grant the motion to compel answers to deposition questions, in part. Initially, the Court notes that the motion is untimely per CCP § 2025.480. However, a timely opposition has been filed which does not address this issue. As such, this motion will be considered on the merits. Plaintiffs' Motion for Order Compelling Answers to Deposition Questions is GRANTED IN PART. CCP § 2025.480. The burden is on ...

Excerpt: ...g. 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 sen...

Excerpt: ...llegations that defendants failed to advise her to consult with independent counsel and her requests for punitive damages. The Court intends to DENY the remainder of the motion to strike. Defendants' reliance on Loube v. Loube (1998) 64 Cal.App.4th 421, is misplaced. Here, plaintiff is not seeking damages that exceed the actual damages she incurred. Plaintiff and Edward entered into a stipulated judgment whereby plaintiff was to receive the b...

Excerpt: ...ore 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 court...

Excerpt: ...lendar 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...

Excerpt: ...6/2018 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 805‐477‐5894,...

Excerpt: ... stolo 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. 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...

Excerpt: ...to the joinder by Defendant Mueller, the Court intends to Overrule the motion for joinder. Mueller had no legal argument in his support of joinder. He does not stand in the same position as the moving Defendants who are prior owner/employers of Mueller and Cortez. Mueller and Cortez were still employees of the new owners when the incident occurred. As to the demurrer, the Court intends to sustain the demurrer of the moving Defendants to the third...

Excerpt: ... Grant Plaintiff's Motion for Relief from Jury Payment Deadline. CCP §631(g). Both parties' actions throughout the litigation establish that they proceeded with the understanding that the case would be heard by a jury. Defendant has failed to show prejudice. The Court intends to Deny Plaintiff's Motion for Leave to File Second Amended Complaint. Plaintiff's counsel's actions are extraordinarily untimely. Plaintiff's couns...

Excerpt: ...: Demurrer, 01/22/2018 stolo 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. With respect to the below scheduled tentative ruling, no notice of intent to appear is required. If you wish to submit on the t...