Excerpt: ...troom 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] or send a telef...

Excerpt: ...he Court intends to rule as follows: Sustain Defendants CarMax Auto Superstores West Coast, Inc.'s ("CarMax Auto West Coast") and CarMax Business Services, LLC's ("CBS") evidentiary objections to Plaintiff Ariana Mora's evidence submitted in opposition to Defendants' motion as to Objection No. 1. Overrule Defendants' remaining Objections to Plaintiff's evidence. Find, for the purposes of this motion only, t...

Excerpt: ...2018 stolo The Court SUSTAINS the demurrer of defendants Mile Grbic and Santa Paula Materials, Inc. ("Grbic and SPM") to sixth (conversion) and seventh (conspiracy) causes of action of the second amended complaint of plaintiff Steven W. Loftis ("Loftis") WITHOUT LEAVE TO AMEND. The demurrer to the first cause of action for suit on a judgment pursuant to Code of Civil Procedure section 683.050 is rendered moot as a result of Loftis...

Excerpt: ... 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 at: Courtroom43@v...

Excerpt: ... stolo The matter comes before the Court for hearing on the motion of defendant, David Patrick ("Patrick"), to compel plaintiff, Darren Nali ("Nali"), to submit to a second session of his deposition and respond to questions as to which Nali's attorney had lodged privacy objections and instructed Nali to not answer during the first session of the deposition. The Court GRANTS the motion in part and DENIES it in part. Although Pa...

Excerpt: ...ss‐complainant Country Oaks Associates, LP to compel deposition and for sanctions (unopposed) is DENIED without prejudice. The notice of the motion is defective. Electronic service of a document is authorized when a party has agreed to accept service in that manner. (CCP § 1010.6(a)(2).) A party indicates that the party agrees to accept electronic service by: (A) Serving a notice on all parties that the party accepts electronic service and fil...

Excerpt: ... Motion to Set Aside Default, 01/10/2018 stolo Please Note: Effective 2/13/18, this case is assigned for all purposes to Judge Matthew P. Guasco in Courtroom 20. The matter comes before the Court for a hearing on the motion of defendant, Lawrence Bass ("Bass") for relief from the default that was entered against him on December 6, 2017. The motion is opposed by plaintiff, Sandy Keaser ("Keaser"). Preliminary disclosure by judge: W...

Excerpt: ...ive Order, 01/26/2018 stolo Tentative ruling for February 27, 2018 on Plaintiff/Cross‐ Defendant Waynett Singleton's Motion for a Protective Order and Defendant Call Me Van Lines, Inc.'s Motion to Compel Further Responses to Requests for Admissions (Set No. 1) The court grants Plaintiff/Cross‐Defendant Waynett Singleton's request for a protective order; requests for admission 36‐ 186 need not be answered. Defendant/Cross‐Compl...

Excerpt: ...or judgment on the pleadings. Deny motion. There have been three demurrers in this case. In ruling on one of them in November of 2016, the court found that the cause of action for fraud did not state a cause of action, but that the remaining causes of action (which are the subject of this MJOP) did allege facts sufficient to maintain the various causes of action. CCP 438(g) requires that a moving party allege new facts or new law to reexamine a c...

Excerpt: ...ve ruling for February 8, 2018 on Demurrer to Complaint Sustain demurrer to complaint without leave to amend on grounds of failure to state facts sufficient to constitute a cause of action and uncertainty. (CCP § 430.10(e), (f).) Grant defendants' Request for Judicial Notice of the claim for damage or injury filed with the County by Lamont Delwin Pearson on August 22, 2017 (and noted received by the County on August 23, 2017). California law...

Excerpt: ...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, stating that you submit on the tentative. A copy...

Excerpt: ...ion to compel arbitration Grant respondent's request for judicial notice. Overrule respondent's objections for purposes of this motion only. DENY petition to compel arbitration. The petition does not contain a statement of facts showing the existence of an arbitrable controversy. Contrary to petitioner's argument, the parties did not agree to arbitrate "all issues between the parties ever existing up to the point of arbitration.&#...

Excerpt: ... intends to Deny the motion for leave to file a second amended complaint. The proof of service attached to the motion has not been signed. Regardless, the motion was not timely filed and/or served. CCP § 1005(b). In order to be timely, the motion had to be filed by 1‐18‐18 and mail served by 1‐13‐18. The motion was filed late on 1‐25‐18 and mail served late on 1‐20‐18. Further, the moving papers do not comply with California Rule...

Excerpt: ...e morning calendar in courtroom 43 will begin at 9 a.m. 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 CourtCall, 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: Cour...

Excerpt: .../05/2018 stolo The Court intends to rule as follows: Compel as to 5, 8, 18, 19, 20, 26, 31, 32, 33. As a general matter, Plaintiff must produce documents even if he believes that Ralphs or its insurance carrier has the documents (5, 18). Defendant is entitled to notes, memoranda regarding the incident (8), correspondence that Plaintiff had with Defendant's representatives (31), correspondence that Plaintiff had with the manufacturer of the ce...

Excerpt: ...ts requested by Defendant Melgar, Nos 1 – 3, 7‐11. The Court intends to: 1. SUSTAIN, with leave to amend, Defendant's demurrer to the 2d Cause of Action: Violation of California High Mortgage Law. Plaintiff pleads that the kumquat property was rented to a tenant, taking the property out of the definition of "covered property" for purposes of this law. 2. In all other respects, the demurrer is overruled. CCP § 430.10 (e), (f). ...

Excerpt: ...12/28/2017 stolo Tentative ruling for February 7, 2018 on Cross Defendant Melgoza's Motion to Compel Responses to Form Interrogatories – Construction Litigation (Set One) Grant Cross‐Defendant Melgoza's motion to compel responses to Form Interrogatories – Construction Litigation (Set One). Mr. Melgoza a party to the action, brought in by way of cross‐complaint and entitled to propound discovery and receive responses. (CCP § 2030....

Excerpt: ...r, 01/09/2018 stolo The Court intends to Deny the Motion. CCP §916. The Motion necessarily embraces and would be affected by Plaintiff's appeal from the Court's 1/11/18 Orders. Under section 916 the trial court is divested of subject matter jurisdiction over any matter embraced in or affected by the appeal during the pendency of that appeal. The effect of the appeal is to remove the subject matter of the order from the jurisdiction of th...

Excerpt: ... you wish to submit on the tentative decision, you may submit a telefax to Judge Baio's secretary, Art Alvara at 805‐477‐5892, stating that you submit on the tentative. Do not call in lieu of sending a telefax, nor should you call to see if your telefax has been received. If you submit on the tentative without appearing and the opposing party appears, the hearing will be conducted in your absence. COURT'S TENTATIVE RULING OPERATIVE DO...

Excerpt: ...D: Motion to Compel, 01/05/2018 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...

Excerpt: ...Defendants XP Systems and Fiserv move for summary judgment and/or summary adjudication of issues. Tentative is to deny. The factual background of this personal injury case is that plaintiff Christopher Clanton fell through a skylight on a construction site. Defendants XP and Fiserv, the owners of the property, move for SJ/SAI based on Privette, and move alternatively for SAI on their lack of duty for the open and obvious condition (a skylight) wh...

Excerpt: ...;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 the t...

Excerpt: ...ing 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 CourtCall, 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] or send a telefax to Judge DeNoce'...

Excerpt: ...hiring and supervision because the plaintiff has alleged insufficient facts. While Plaintiff alleges that Moving Party was negligent in hiring Defendant Aguilar, Plaintiff does not allege that Aguilar was working at the time he hit Plaintiff or that driving a truck is part of his job. Plaintiff's counsel to clean up the typographical errors, that includes sticking in the names of entities that are not parties to this action. 2nd amended compl...

Excerpt: ...t on the tentative decision, you may submit a telefax to Judge Baio's secretary, Art Alvara at 805‐477‐5892, stating that you submit on the tentative. Do not call in lieu of sending a telefax, nor should you call to see if your telefax has been received. If you submit on the tentative without appearing and the opposing party appears, the hearing will be conducted in your absence. COURT'S TENTATIVE RULING OPERATIVE DOCUMENT Defendant A...