Excerpt: ... pursuant to settlement agreement. This reflects $16,830 in fees and a 0.5 enhancement, plus $1,287 in costs. Defendant argues the fees requested are excessive. It argues the fee award should be reduced to no more than $4,900. Discussion: Attorney's fees are permit ted as costs when authorized by contract, statute or law. (Code Civ. Proc., § 1033.5(a)(10)). A statute authorizes attorney's fees in this case. Specifically, “[i]f the buyer prev...

Excerpt: ...ocedure §664.6 is GRANTED. The November 14, 2016 Order dismissing this action is vacated. Matter is set for case management on September 24, 2024 at 8:35AM with Plaintiff to give notice. CMC statements due 5 court days prior to the conference. Analysis: Plaintiff Y P Advertising & Publishing, LLC (“YP”) moves pursuant to Code of Civil Procedure §664.6 for an order vacating the dismissal of this action entered on November 14, 2016. No opposi...

Excerpt: ... 7/26/19. Asserts causes of action for: 1) Battery; 2) Negligence; 3) Intentional Infliction of Emotional Distress; 4) Fraudulent Concealment; and 5) Public Nuisance. Plaintiff claims to have suffered injuries as a result of bedbug bites during her stay at defend ant's hotel. On 1/30/24 the court issued a minute order granting defendant's prior motion for an order requiring plaintiff to (1) comply with demand for physical examination and (2) att...

Excerpt: ...n 1385. Tent ative Rulings: The Court overrules the demurrers, denies the motion to strike and denies the motion to dismiss. Plaintiffs' allegations are sufficiently detailed to afford Mr. Mack adequate notice of the contempt charges asserted, the reasons therefore, a nd evidence in support of the allegations. Defendant's assertion that the application is deficient because it was not presented on a judicial council form lacks merit. The form ref...

Excerpt: ...435.5 and of the court's expectation that they fulfill their duties in the future. The Complaint for property damage and personal injury is filed on 2/7/24 by attorney Andre L. Verdun. There are causes of action for motor vehicle and general negligence attached to the com plaint. Here, the case arises from a motor vehicle accident which occurred in Santa Paula on 10/20/21. A DOE amendment naming Kyle Denton as a defendant was filed on 2/23/24....

Excerpt: ...ng reasonable diligence. Plaintiff must state facts allowing the Court to make the required conclusions under CCP §415.50. Personal injury claims in connection with damages from renting a “damp indoor environment.” Residential mold case. Negligence, premises liability , breach of contract and intentional tort are the causes of the action (8 total). Filed on 12/5/2023. Applications for GAL: Rachelle Longo for Sam Longo and Myles Mobley. Defen...

Excerpt: ...ever, the C ourt limits any inquiry by Plaintiff with respect to the listed topics to those related to Defendant HCA and may not ask questions related to any topics already addressed in the previous deposition of Defendant Los Robles Medical Center's Person Most Quali fied at the deposition on April 10, 2024. Further, the court bars Plaintiff from asking questions relating to Topic 11 of the Amended Notice served on April 17, 2024. Plaintiff's r...

Excerpt: ...sed) Tentat ive Ruling: Plaintiff's Motion for Order Approving Payment of Penalties Pursuant to Private Attorney Generals Act of 2004 (PAGA) and for Dismissal of Action without Prejudice is CONTINUED to June 24, 2024 at 8:20AM. “PAGA settlements are subject to trial court review and approval, ensuring that any negotiated resolution is fair to those affected.” (Williams v. Superior Court, supra, 3 Cal.5th at p. 549.) “[W]hile PAGA does not r...

Excerpt: ...that came du e within four years of the filing of the Complaint. (Piedmont Capital Management, L.L.C. v. McElfish (2023) 94 Cal.App.5th 961.) The Court rejects Defendant's argument that the Complaint establishes Plaintiff waived its right to accelerate payments under the loan. Defendant shall file an Answer only to the Complaint by no later than June 7, 2024. Moving party to give notice. Background: This is a limited civil collections action b...

Excerpt: .... If you wish to submit on the tentative decision, you may notify the court by email to [email protected]. Please include the hearing date, the case name and case number in the message. You must include all counsel and self -represented parties on your message. The court will not respond to your email. Do not use this email address for any other purpose without the court's express permission. Do not include the court in any email ...

Excerpt: ...kman, Marnie Brinkman and Arborist Crew Services, Inc.'s Demurrer to the Complaint is OVERRULED. The Court finds that each cause of action pleaded in the Complaint sufficiently states a cause of action and is not uncertain. Defendants Joel Brinkman, Marnie Brinkman and Arborist Crew Services, Inc.'s Demurrer to the Complaint is GRANTED in part and DENIED in part. The motion to strike the punitive damages allegations is granted with leave to amen...

Excerpt: ...ence in order prevent prejudice to him. Thus, pursuant to Code of Civil Procedure, section 36, subdivision (a), this case is hereby given “preferential” status for trial setting purposes. This means that the jury trial in this action should happen no later than 120 from the date of granting the instant Motion. The current September 16, 2024, jury trial date is already 120 days out from the date of granting this Motion. Thus, no further action...

Excerpt: ...bmit on the tentative decision, you may notify the court by email to [email protected]. Please include the hearing date, the case name and case number in the message. You must include all counsel and self -represented parties on your message. The court will not respond to your email. Do not use this email address for any other purpose without the court's express permission. Do not include the court in any email communications betw...

Excerpt: ...in the amount of $2,714.49. The Motion is GRANTED as to item 8b of the Memorandum of Costs Worksheet. The Court finds that Defendant's section 998 offer in the amount of $0 was but an unreasonable, “token” offer that was not made in good faith. Accordingly, Defendant i s not entitled to recover his expert witness fees against Plaintiff. Thus, this item is taxed in the full amount of $71,127.50. Motion is DENIED as to all remaining items. Def...

Excerpt: ...otice of intent to appear is required. If you wish to submit on the tentative decision, you may notify the court by email to [email protected]. Please include the hearing date, the case name and case number in the message. You must include all counsel and self -represented parties on your message. The court will not respond to your email. Do not use this email address for any other purpose without the court's express permission. D...

Excerpt: ...Health Car e Agency) Demurrer to Plaintiff's Complaint is OVERRULED. Plaintiff has adequately alleged a claim for vicarious liability for a violation of Penal Code section 632.7. Defendant is directed to file and serve an Answer to the Complaint within 10 days of the Court's ruling. Discussion: The Court previously ruled that the County of Ventura is not a “person” subject to liability under section 632. While the County cannot be directly l...

Excerpt: ...al and Medi cal Center and Sherwood Oaks Post Acute, relating to Plaintiff's claims about the development and exacerbation of pressure ulcers while in defendants' care between December 3, 2021, and February 17, 2022. Heritage Provider Network, Inc. v. Superior Court, (2008) 158 Cal. App. 4th 1146, 1153. The Court exercises its discretion to issue a stay of all proceedings pending completion of arbitration between Plaintiff and Sherwood Oaks, as t...

Excerpt: ...is GRANTED. Def endant's Motion to Compel Plaintiff's Responses to Requests for Production of Documents, Set Two is GRANTED. Defendant's Motion to Deem Matters Admitted against Plaintiff is GRANTED. Plaintiff Margie Smith is ordered to serve Defendant with her Code -compli ant and objection -free initial responses and document production in response to each and all of the subject interrogatories and requests for production by no later than 30 day...

Excerpt: ...rposes of this motion, the undisputed and established material facts are fact nos. 1-25. Plaintiff in her Opposing Separate Statement failed to address the negligence cause of action. Further, Plaintiff fails to provide an explanation for the discrepancies between the admitted facts from the request for admissions and the evidence presented in opposition. (D'Amico v. Board of Med. Examiners (1974) 11 Cal.3d 1; Scalf v. D.B. Log Homes, Inc. (2...

Excerpt: ...s not required. Background: Plaintiff filed a complaint for breach of contract, replevin/claim and delivery, deficiency balance, injunction, and waste or damage to secured property regarding a 3/20/21 Equipment Finance Agreement between Defendant and MMP Capital Inc. to finance the Potenza Workstation in the amount of $140,548.50. The workstation was collateral, and MMP's interest was assigned to Plaintiff on about 4/8/21, with UCC Financing S...

Excerpt: ...ion, you may notify the court by email to [email protected]. Please include the hearing date, the case name and case number in the message. You must include all counsel and self -represented parties on your message. The court will not respond to your email. Do not use this email address for any other purpose without the court's express permission. Do not include the court in any email communications between counsel. Do not call in...

Excerpt: ...otify the court by email to [email protected]. Please include the hearing date, the case name and case number in the message. You must include all counsel and self -represented parties on your message. The court will not respond to your email. D o not use this email address for any other purpose without the court's express permission. Do not include the court in any email communications between counsel. Do not call in lieu of send...

Excerpt: ...s evidentiary objections to the declaration of Jason Stewart are ruled upon as follows: (1) OVERRULED; (2) OVERRULED; (3) OVERRULED; (4) OVERRULED; (5) OVERRULED; (6) OVERRULED; and (7) SUSTAINED —speculative and lacking personal knowledge. Defendant Rylist, Inc.'s Mot ion to Compel Arbitration of Individual Claims and Dismiss Plaintiff Jason Stewart's Class Action Complaint is DENIED. Defendant is directed to file a responsive pleading to Pla...

Excerpt: ...submit o n the tentative decision, you may notify the court by email to [email protected]. Please include the hearing date, the case name and case number in the message. You must include all counsel and self -represented parties on your message. T he court will not respond to your email. Do not use this email address for any other purpose without the court's express permission. Do not include the court in any email communications ...

Excerpt: ...rom this a mount if the award of attorney's fees of $56,680.07 and a 0.1 enhancement of $5,668.00 as the case was on contingency and sought to enforce a statutory right. The court defers ruling on Plaintiff's request for an award of costs and expenses until Defendan t 's Motion to Tax Costs is heard on July 16, 2024. The Complaint was filed on 8/31/20 and the First Amended Complaint (“FAC”) on 1/8/21. The FAC was filed by Plaintiff Jerry Ka...