Excerpt: ...ng 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, stating that you submit...

Excerpt: ...017 stolo Overrule. Plaintiff has copied pertinent parts of Feingold v. County of Los Angeles, 254 Cal.App.2d 623, which was found to state a cause of action for a dangerous condition of public property. The facts are sufficiently similar to allow this case to go forward. The County owns one of the two roads being alleged to constitute a dangerous condition. The fact that the Feingold plaintiff did not stop (whereas Mr. Barraza did stop) was not ...

Excerpt: ...ll 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: ...ants' motion to change venue. The 7 th cause of action relates to the enforceability of the settlement agreement entered into by Plaintiff Cortez and Weststar. It is undisputed that Mr. Cortez entered into that contract in Kern and that he received his settlement payment there. Because Plaintiff Beaudoin has causes of action that are properly brought in Ventura, the complaint has mixed causes of action as to venue. Gallin v. Superior Court (1...

Excerpt: ... 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] or send a ...

Excerpt: ...room 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 telefa...

Excerpt: ...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 at: Courtroom43...

Excerpt: ...re 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: ...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] or ...

Excerpt: ...notice of intent to appear is required. If 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....

Excerpt: ...rst, second and third causes of action. Plaintiff fails to sufficiently allege compliance with, or excuse from the Government Claims Act. The complaint was filed before the passage of 45 days from submission of the late claim, and cannot allege waiver as provided in Gov't Code 9.113(b). On the merits, the third cause of action fails because the individual defendants cannot be liable for terminating plaintiffs. Sustain as to the fourth cause o...

Excerpt: ...tive Order, 10/11/2017 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...

Excerpt: ...stolo Tentative ruling for January 12, 2018 on Plaintiff's motion to compel deposition and for sanctions The court Denies Plaintiff's motion to compel deposition. The motion was not timely served pursuant to CCP § 1005(b). The proof of service is defective. The time for discovery motions to be heard has expired. There is no evidence plaintiff complied with CCP § 2025.450(b) by inquiring about the nonappearance. Indeed, it appears the de...

Excerpt: ...o 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 DOCUMENT Defe...

Excerpt: ...Vacate, 12/12/2017 stolo 1. Brent Defendants' Motion to Vacate or Set Aside Default Judgment (Opposed) 2. Ehteram Defendants' Motion to Vacate the Default Judgment and/or Quash Service of Summons (opposed) 3. Defendant Leticia Gonzales' Motion to Vacate the Default Judgment and/or Quash Service of Summons (opposed) The Court intends to Grant the Brent Defendants and Plaintiffs requests for judicial notice. The Court takes judicial not...

Excerpt: ...ant Wanda Stroud ("Defendant"), By and Through Her Conservator, Tiffany Van Wingerden ("Conservator") to Vacate Default and Default Judgment and to File Records Under Seal Defendant Stroud's unopposed motion to seal is GRANTED. The Court hereby finds that: (1) There exists an overriding interest that overcomes the right of public access to the record; (2) The overriding interest supports sealing the record; (3) A substantial p...

Excerpt: ...is required. If 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 RULI...

Excerpt: ... to Compel, 12/07/2017 stolo No notice of intent to appear is required. If 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 wi...

Excerpt: ... 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 telefax to Judge DeNoce's secretary, Hellmi McIntyre at 805‐477‐...

Excerpt: .... If 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 OPERATIV...

Excerpt: ...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 the co...

Excerpt: ...Reconsideration Re Sending of Belaire‐West Notice The court DENIES Defendants' request for the court to vacate its prior order to send the Belaire‐West Notice to the putative class members. Plaintiffs' request for judicial notice of Exhibit 1 is denied. Defendants' evidentiary objections are sustained. Initially, the court notes that the court has the inherent authority to reconsider it prior orders. Nave v. Taggart (1995) 34 Cal....