Excerpt: ...ning 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 can send an e...

Excerpt: ...Judgment and/or Adjudication, 12/11/2017 stolo Defendant Argo Tractors S.p.A's Motion for Summary Judgment and/or Adjudication The court grants Defendant Argo Tractors S.p.A's Motion for Summary Judgment. Defendant's evidentiary objects are all sustained. Moving Defendant has met its burden under CCP 437c(o)(2) of showing that Plaintiffs cannot establish the elements of a cause of action for strict products liability, negligent produc...

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: ...d Default Judgment, 01/09/2018 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: ...01/24/2018 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 tentative dec...

Excerpt: ...D: Motion ‐ Other, 01/10/2018 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 Arre...

Excerpt: ...essor administrator of the Estate The Court sustains, without leave to amend, Defendant's demurrer to the second cause of action for Enforcement of Judgment. The First Amended Complaint seeks to recover on the Jackson Life policy. There is no allegation that the Judgment, which addressed only the Provident policy, was amended to include the Jackson Life policy. The demurrer to the first cause of action is overruled, because Defendant has conc...

Excerpt: ...ntends to Grant RJN of moving party. (Ev. Code § 452.) The Court intends to Grant the motion of defendant Carmax Auto Superstores West Coast, Inc. to strike plaintiff Ariana Mora's Amendment to Complaint – Incorrect Name in its entirety as irrelevant, improper, false and contrary to law. (CCP §§ 435, 436.) CCP 474 provides: § 474. Defendant designated by fictitious name; amendment; requirements for default judgment; notice to person ser...

Excerpt: ...o Motion to compel further answers to form interrogatories: Deny as to 2.3 and 2.4 ‐ Possession of a drivers license has no apparent relevance in a wrongful death action; Deny as to 3.6 and 3.7 ‐ this is a wrongful death action. A dba or a corporation cannot be an heir, so no apparent relevance; Deny as to 11.1 and 11.2 ‐ no apparent relevance as to whether a wrongful death heir has previously filed an action to recover damages for injury t...

Excerpt: ...uest for judicial notice is GRANTED. Porat's demurrer for uncertainty is OVERRULED. Porat's demurrer for failure to state a claim to each cause of action in the FAXC is SUSTAINED WITH LEAVE TO AMEND. Cross‐Complainants cannot state a claim against Porat based on his alleged ownership or status of a buyer of the property because the grant deed shows that the allegation is false. The courts will not close their eyes to situations where th...

Excerpt: ...n and Hearing for Right to Attach Order and Writs of Attachment, 12/04/2017 stolo Tentative ruling for February 20, 2018 on Plaintiff's Applications for Right to Attach Order and Order for Issuance of Writ of Attachment against Defendants Loya and TSX The court grants Plaintiff's Application for Right to Attach Order against Defendant TSX and sets the amount of the undertaking at $10,000. The requirements of CCP §484.090 have been met an...

Excerpt: ...by the statute of limitations at CCP § 340.5 and plaintiff has not plead around the bar. The Court intends to Deny leave to amend unless plaintiffs can demonstrate how she can amend. Discussion: Demurrer is only appropriate where the grounds for objection appear on the face of the complaint or from any matter of which the court is required to or may take judicial notice. CCP § 430.30(a). For the purpose of a demurrer, the court must treat all p...

Excerpt: ...ther, 01/17/2018 stolo The Court intends to Grant the motion to conduct discovery of defendant's assets. Initially, the court notes that the evidentiary objections filed by Defendant are overruled in their entirety. Plaintiffs have established a 'substantial probability' of prevailing on a claim for punitive damages. The disclosure of the financial condition is limited to Plaintiffs' attorney only. "Even if discovery is ordere...

Excerpt: ...Grant Defendant's motion to set aside default and default judgment. The Court intends to order the Defendant to file and serve his answer. Discussion: CCP Section 473.5: When service of a summons has not resulted in actual notice to a party in time to defend the action and a default or default judgment has been entered against him or her in the action, he or she may serve and file a notice of motion to set aside the default or default judgmen...

Excerpt: ...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: [email protected]...

Excerpt: ...t intend to Deny the motion for summary judgment. The Court intends to Deny summary adjudication of issue (1) "There is no triable issue of material fact on the 1 st or 2 nd causes of action of plaintiff's complaint for premises liability and negligence, as plaintiff's exclusive remedy is recovery through the workers' compensation scheme pursuant to Labor Code section 3602." In undisputed material facts nos. 3‐8, movant MGR ...

Excerpt: ..." to accept the court's explanation for its ruling. (Murray dec., ¶ 3). At the hearing, the court "inquired of Mr. Maciejewski if he had any evidence or could make any other allegations that would provide the Court with a reason to give him leave to amend. [], he admitted he could not." (Murray dec., ¶ 6). Leave to amend was denied on 8/31/17. It appears that plaintiffs' law firm gave the file to another attorney, Sheri Kane...

Excerpt: ...: Motion to Set Aside Default, 01/12/2018 stolo The Court intends to Grant the motion to set aside the default. There are no "gotchas" and no cheap judgments. Plaintiff indeed filed the request for default at the first moment after the 30 days ran ‐‐ the 1 st court day after Christmas. This all but tripping over the threshold to enter such a default, while allowed by the code is unssemly. 1. Landscape: CCP 473(b) provides a court is e...

Excerpt: ...9; motion for summary judgment/summary adjudication is denied. Defendants have met their initial burden by presenting evidence to negate the essential elements of breach of duty and causation. (See Defendants' UMF 5‐17, 22‐34, 39‐51, 56‐68 and 73‐85: Ex. C [Garcia depo]; Ex. D [Curtis depo]; Ex. e [Wright depo]). Specifically, Defendants' evidence is sufficient to show that Garcia did not breach his legal duty or cause the subje...

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. 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...

Excerpt: .../2017 stolo The Court intends to Deny Respondents Scott and Hillary Lipsig's petition to vacate the January 19, 2017 Arbitration Award, on the ground that the request to vacate the Award is time‐barred because it was (i) not filed within 100 days of service of the Award on Respondents (see Code of Civil Procedure §1288); and (ii) not filed within 10 days of Petitioner K.O. Remodeling, Inc.'s service on Respondents of its petition to co...

Excerpt: ..., 01/04/2018 stolo The 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 ...

Excerpt: ...e motion was not timely mail served per CCP § 1005(b), the Court intends to consider the motion on it's merits as a timely opposition and reply have been filed/served. The Court intends to Deny Defendants' motion to compel further responses to depositions. CCP § 2025.480. The Court intends to Grant Plaintiffs' request for sanctions. CCP § 2025.480(j). The Court intends to award sanctions against defense counsel Jennie Hendrickson i...

Excerpt: ...el of Record, 01/09/2018 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...

Excerpt: ...L DOCUMENT/DATE FILED: Motion ‐ Other, 12/18/2017 stolo The Court intends to DENY the Defendant's motion for costs. While there were several significant failures on plaintiff's part in this matter and defendant ultimately prevailed on summary judgment, ultimately the evidence demonstrates that plaintiff brought and maintained this action in the good faith belief in the action's justifiability and with objective reasonable cause. The...