Excerpt: ...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 [email protected] or by ...

Excerpt: ...on 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@v...

Excerpt: ...�� Other, 08/06/2018 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 tenta...

Excerpt: ...m 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 must so notify the Court by e‐mail a...

Excerpt: ...�� Other, 08/06/2018 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 tenta...

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

Excerpt: ... FILED: Motion to Consolidate Cases, 10/04/2018 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...

Excerpt: ...r uncertainty is Overruled. There are no uncertainties in the FAC which cannot be clarified through discovery. See Khoury v. Maly's oif California, 14 Cal.App.4th 612. Moving defendant's demurrer for failure to state a claim to the FAC as a whole is Overruled. Although not addressed by the parties, a general demurrer for failure to state a claim directed to the complaint as a whole should be denied if some portion of the complaint states ...

Excerpt: ...ling. 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 ...

Excerpt: ...intends to rule as follows: Plaintiffs' Motion for Order Compelling Deposition of Elvira Citrowske and Production of Documents is DENIED. Plaintiffs are seeking privileged and non‐discoverable testimony and document production in violation of Evidence Code §§ 1040 and 1157 and Fox v. Kramer (2000) 22 Cal.4th 531. As such, the motion is denied. Moving party to give notice. Discussion: Initially, the Court notes that, contrary to Defendants...

Excerpt: ...29/2018 stolo Plaintiffs' motion for fees on appeal is GRANTED IN PART in the amount of $73,529.95. The Court reduced the award based on Brian Bickel's excessive hourly rate (which has been reduced to $450) and the excessive time reported to have spent in connection with this motion (which has been reduced by 20 hours). Thus, the underlying lodestar figure is $65,610.50. The Court finds that a multiplier of 1.1 is warranted, and therefore...

Excerpt: ...e 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 must so notify the...

Excerpt: ...tatement 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, stating that you submit on the ...

Excerpt: ...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] stati...

Excerpt: ...E FILED: Motion ‐ Other, 10/04/2018 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 su...

Excerpt: ...her, 09/25/2018 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 ...

Excerpt: ...g for October 9, 2018 on Defendants' Demurrer Grant Defendants' unopposed request for judicial notice. Sustain, without leave to amend, Defendants' demurrer to all ten causes of action on all grounds argued by Defendants, including res judicata and the individual arguments raised as to the merits of each claim, as further explained below. 1. Civil Code §2923.5 "California Civil Code 2923.5 includes a ... provision requiring a len...

Excerpt: ...: Motion ‐ Other, 09/11/2018 stolo The Court intends to rule as follows: Deny sanctions per CCP § 128.7, but grant motion for judgment on pleadings with leave to amend. As an initial matter the Court notes that Defendants Nationstar Mortgage LLC, U.S. Bank National Association and Mortgage Electronic Registration Systems, Inc.'s Request for Judicial Notice is GRANTED. Judicial Notice is taken of Defendant's Exhibits A‐O pursuant to E...

Excerpt: ...ed 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: Courtroom43@ventura....

Excerpt: ...el, 08/31/2018 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 d...

Excerpt: ...tion for Leave to File, 08/24/2018 stolo The Court intends to rule as follows: The Court intends to GRANT the motion for leave to amend. Plaintiff complied with Rule 3.1324. Defendants failed to establish that the proposed cause of action is deficient as a matter of law. Cal OSHA violations may be admitted to establish a standard or duty of care in all negligence, including third party actions. Defendants' arguments that they did not violate ...

Excerpt: ... Defendant's objections to SI Nos. 20‐24 on the grounds of relevance and overbreadth lack merit and are OVERRULED. Defendant's privacy objection to SI Nos. 21‐22 lack merit and are OVERRULED. Defendant's privacy objection to SI Nos. 20 and 23‐24 does not justify the denial of discovery; however, the Belaire notice and opt‐out procedure should be followed to assuage privacy concerns. Accordingly, the Court will order the use of...

Excerpt: ... in Installments, 07/16/2018 stolo The Court intends to rule as follows: Continue for proper service on the creditor pursuant to CCP §1005(b). Only eight days notice was given. Upon proper notice, the motion may ultimately be granted. Discussion: In a limited civil case in which the defendant has appeared, if the judgment or order is for the payment of money by the defendant, the defendant shall pay the judgment immediately or at any time and up...

Excerpt: ... Other, 09/07/2018 stolo The Court intends to rule as follow: Deny Plaintiff Rudi Londt's request for an order vacating the Court's June 9, 2017 Judgment and the Court's October 24, 2017 Order awarding Defendants Nationstar Mortgage LLC and HSBC Bank, USA attorney's fees. Defendant brings his motion pursuant to Code of Civil Procedure §473(d) on the ground that the June 9, 2017 Judgment and the October 24, 2017 Order are "voi...

Excerpt: ...igned 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: Courtroom43@ventu...