Excerpt: ...ed. If you wish to submit on the tentative decision, pu may notify the court by email to [email protected]. Please include the hearing date, the case name and case number on message. You must include all counsel and self-represented parties on pur 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 commu...

Excerpt: ...etermination of Good Faith Settlement is GRANTED. The court finds that the settlement between Plaintiff and Cross-Defendant Topp End Enterprises, lnc„ meets the factors for finding a good faith settlement under Tech-Bilt, Inc. v. Woodward-Clyde & Associates (1985) 38 Cal.3d 488. Background: On 1/9/20, Plaintiff was contacted by a representative of Toppers Pizza to provide service for a refrigeration unit on the roof of Mission Village, LLP. Pla...

Excerpt: ...urt finds that the settlement meets the factors for finding a good faith settlement pursuant to Tech—Bilt, Inc. v. Woodward—Clyde & Associates (1985) 38 Cal.3d 488. Grounds: Defendants/Cross-Defendants/Cross-Complainants Gary Pugh and Barbara Pugh move the court for an order, pursuant to Code of Civil Procedure section 877.6, determining that the $300K settlement between Plaintiff and moving parties is made in good faith. Such a determination...

Excerpt: ...t on the tentative decision, pu may notify the court by email to [email protected]. Please include the hearing date, the case name and case number on 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 couns...

Excerpt: ...l but is not equipped for Zoom. If appearing by CourtCall, call in no later than 8:30 a.m. If you intend to appear by CourtCall, you must make arrangements with CourtCall by 4:00 p.m. the day before your scheduled hearing. Requests for approval of a CourtCall appearance made on the morning of the hearing will not be granted. No exceptions will be made. With respect to the tentative ruling below, no notce of intent to appear is required. If pu wis...

Excerpt: ..., 51 Cal.App.4th 1513. Additionally, Defendant correctly points out that Plaintiff failed to meet and confer before filing this motion. However, under the circumstances presented in the moving papers and Defendant's opposition, the Court concludes that further meet and confer efforts after service of Defendant's first Supplemental Responses to the RFA's would have been fruitless, as the parties' positions are quite firm. Accordingly, Defendant's ...

Excerpt: ... please send an email to the court at:[email protected]. All counsel and self-represented parties must be copied on the email. Absent waiver of notce and in the event an order is not signed at the hearing, the prevailing party shall prepare a proposed order and comply with CRC 3.1312 subdivisions (a), (b), (d) and (e). The following is a statement of the court's tentative ruling. The court may adopt, modify or reject the tentative...

Excerpt: ...wish to submit on the tentative decision, pu may notify the court by email to [email protected]. Please include the hearing date, the case name and case number on message. You must include all counsel and self-represented parties on your message. The court will not 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 ...

Excerpt: ...s 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 on message. You must include all counsel and self-represented parties on pur 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 em...

Excerpt: ...on the court's tentative decision, please send an email to the court at:[email protected]. All counsel and self-represented parties must be copied on the email. Absent waiver of notice and in the event an order is not signed at the hearing, the prevailing party shall prepare a propsed order and comply with CRC 3.1312 subdivisions (a), (b), (d) and (e). The following is a statement of the court's tentative ruling. The court may ado...

Excerpt: ...ificity facts which amount to more than medical negligence. Sustain demurrer to the 3rd cause of action (Elder Abuse —Gino Lancelot-b) with leave to amend as to defendants Adventist Health So. California Medical Foundation, Adventist Health Physicians Network and Adventist Health Foundation. "Plaintiffs cannot bring a claim for neglect under the Elder Abuse Act unless the defendant health care provider has a caretaking or custodial relationship...

Excerpt: ...e. (2) Local Rule 8.10A assumes a joint request for an informal discovery conference. There has been no such joint request here. (3) The Opposition was one day late. No prejudice is apparent. The Court considers the opposition. The motion is granted. Defendants are ordered to provide verified, code compliant Further responses without objection to interrogatories 14.1, 15.1 and 17.1 and special interrogatories 5-8, 13, 14, 17, 34-37, 4147 and 49 w...

Excerpt: ...ear 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 on message. You must include all counsel and self-represented parties on pur 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 a...

Excerpt: ...provided any new fact, circumstances or law that was previously unknown that would warrant reconsideration. The moton also fails to include the required affidavits under Code of Civil Procedure section Background: Plaintiffs filed a complaint against Defendants James E. Miller Jr., and Susan D. Miller Trustees of the Miller Trust; James E. Miller Jr, an individual and Susan D. Miller, an individual. The complaint alleged causes of action relating...

Excerpt: ...gligence. All of these causes of action are based on a claim that the apartment she was renting had a variety of habitability issues including waterproofing, electrical problems and mold. These same conditions were alleged as affirmative defenses in an unlawful detained filed by Prime Peninsula (the defendant in this action) in this court as case 56-2022-565942. That action went to trial as was resolved in favor of Prime Peninsula. This included ...

Excerpt: ...e claim submi
©ed by Pe
Ÿ
Ÿoner to the Rio School District was brought within one year of the event upon which the claim is based, and Pe
Ÿ
Ÿoner was a minor during all relevant
Ÿmes. Government Code sec
Ÿon 946.6, subdivision (c)(2) provides that the Court shall relieve the pe
Ÿ
Ÿoner from the requirements of Government Code sec
Ÿon 945.4 if the court Þnds that the applica
Ÿon to the board under Sec
Ÿon 911.4 was made within a reas...

Excerpt: ...2698 et seq regarding overtime, meal and rest breaks, minimum wage, termination pay, wage statements, etc. The parties reached settlement in June 2023. underthe Settlement Agreement, attached as Ex. 2, Defendant agrees to pay a common fund settlement of $33,000 in two installments. The Settlement Fund is inclusive of payments to the LWDA and Allegedly Aggrieved Employees, Plaintiff's Counsel Payment and Settlement Administrator Costs. No portion ...

Excerpt: ...l in at 8:00 a.m. Court Call connects to the Courtroom at 8:15 a.m. If pu wish to submit on the court's tentative decision, please send an email to the court at:[email protected]. Absent waiver of notice and in the event an order is not signed at the hearing, the prevailing party shall prepare a proposed order and comply with CRC 3.1312 subdivisions (a), (b), (d) and (e). The following is a statement of the court's tentatve ruling...

Excerpt: ...Plaintiff, as a registered nurse, does not qual-fy as a licentiate under Bus. & Prof. Code, S and therefore does not qualify as a "health care professional" for purposes of Bus. & Prof. Code, 5510 and 5510(h) in particular. Plaintiff has not suggested that he could plead any facts which would qualify him as a "health care professional" under the statute's definition. The Court intends to overrule the demurrer to the fourth cause of action. Defend...

Excerpt: ...ain entry. The Court allows appearances by CourtCall but is not equipped for Zoom. If appearing by CourtCall, call in no later than 8:30 a.m. If you intend to appear by CourtCall, pu must make arrangements with CourtCall by 4:00 p.m. the day before your scheduled hearing. Requests for approval of a CourtCall appearance made on the morning of the hearing will not be granted. No exceptions will be made. With respect to the tentative ruling below, n...

Excerpt: ..., 13, 15, 16, 22, 28, 29, 31, 32, 38, 44, 45, 47, and 48 are disputed and not established. Plaintiff's AUMF's 1-21 are undisputed and established. GLM admits it keeps no record/reports of the maintenance they complete at LMD 39, or any record of sprinkler schedules or settings. Plaintiff cannot be expected to have records that do not exist. Weather data for Oxnard shows that in January of 2020 there was a total of .25 inches of rainfall in the 24...

Excerpt: ... Judicial Assistant by 8:20 a.m. No notice of intent to appear is required. Parties wishing to submit on the tentatve decision must so notify the Court by e-mail at .courts.ca.gov or by fax to Judge Guasco's secretary, Claudine Nesbitt at (805) 477 5892. Do not call in lieu of sending an e-mail or fax. If a party submits on the tentative decision without appearing, but another party appears, the hearing will be conducted in the absence of the non...

Excerpt: ...t 8:15 a.m. If you wish to submit on the court's tentative decision, please send an email to the court at:[email protected]. Absent waiver of notice and in the event an order is not signed at the hearing, the prevailing party shall prepare a proposed order and comply with CRC 3.1312 subdivisions (a), (b), (d) and (e). The following is a statement of the court's tentative ruling. The court may adopt, modify or reject the tentatve r...

Excerpt: ...posed motion for attorney fees, costs and enhancement award. Moving parties shall modify the final order to indicate payment to the class administrator and the source of such payment. Background: This is a class action complaint filed on 10/10/22 arising out of a purported data breach. The class members assert causes of action for: 1) negligence; 2) negligence per se; 3) Violation of California's Consumer Records Act Cal. Bus. Code S 1798.80, et ...

Excerpt: ...please call Judge Coats's secretary, Ms. McIntyre, at 805-289-8791 to gain entry. The Court allows appearances by CourtCall but is not equipped for Zoom. If appearing by CourtCall, call in no later than 8:30 a.m. If you intend to appear by CourtCall, pu must make arrangements with CourtCall by 4:00 p.m. the day before your scheduled hearing. Requests for approval of a CourtCall appearance made on the morning of the hearing will not be granted. No...