Excerpt: ...appearances. If appearing by CourtCall, call in no later than 8:30 a.m. If you wish to appear by CourtCall, you must make arrangements with CourtCall by 4:00 p.m. the court 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. For Zoom appearances, all counsel appearing by Zoom must email the court at [email protected] ...

Excerpt: ... Capital (“Unive rsal”) or Clear Point Real Estate Services, Inc. (“Clear Point”) to obtain a loan to pay off an existing loan and unpaid taxes, and a reverse mortgage. The relationship between Universal and Clear Point and Bobby Ford and Mary Ford (collectively the “Fords”) is not specifically alleged. At the time of the loan at issue, Plaintiff had a $491,000 mortgage and a deed of trust recorded against the property, located at 120...

Excerpt: ...r orders it to pay, all fees and costs of the arbitration; and (2) if neither of those occur, the arbitration shall be deemed “had” and the case may proceed in the superior court Tentative Ruling: Defendant's evidentiary objections 1, 2, and 3 are overruled; objections 4, 5, 6, and 7 are sustained. Division One of the Fourth District Court of Appeals determined “that a trial court may not lift a stay of litigation merely because a party can...

Excerpt: ...he truth of matters in t he RFAs is GRANTED, provided Defendant fails to serves substantially compliant responses to the RFAs prior to the hearing. (CCP, § 2033.280, subd. (c).) Background: This is a limited civil action to collect alleged credit card debt. Plaintiff asserts a cause of action for breach of contract. Defendant, pro per, filed an answer on 12/4/24. On 12/18/24, Plaintiff served the RFAs by mail on Defendant. The deadline to respon...

Excerpt: ...ances as a c ourtesy to parties and counsel. Parties and counsel choosing to appear via Zoom must provide notice of your intent to appear remotely via Zoom before each hearing by email at [email protected], with a subject line that includes “NOTICE TO APPEAR VIA ZOOM.” You will be denied entrance to the hearing via Zoom if you fail to provide e -mail notice to the court by 4:00 p.m. the day before your hearing. You will be req...

Excerpt: ...es and couns el choosing to appear via Zoom must provide notice of your intent to appear remotely via Zoom before each hearing by email at [email protected], with a subject line that includes “NOTICE TO APPEAR VIA ZOOM.” You will be denied entrance to the hearing via Zoom if you fail to provide e -mail notice to the court by 4:00 p.m. the day before your hearing. You will be required to turn your camera on during your Zoom app...

Excerpt: ...nt Joana Murillo (“Defendant”) objected to Plaintiff's evidence in her opposition. The objections do not follow the format required in California Rules of Court rule 3.1354. The objections could be overruled on that ground alone, but they are also overruled on the merits. California Rules of Court, rule 3.1350, subdivision (f)(1) provides that “Each material fact claimed by the moving party to be undisputed must be set out verbatim on the l...

Excerpt: ...ending Plaintiff Ventura Harbor Restaurant Associates, Inc.'s appeal of the judgment on Defendant's motion for summary judgment. Discussion: I. Legal Standard As a general rule, each party to litigation must bear its own attorney fees, unless otherwise provided by statute or contract. (Code Civ. Proc., § 1021; see Santisas v. Goodin (1998) 17 Cal.4th 599, 606 [“recoverable litigation costs do include attorney fees, but only when the party enti...

Excerpt: ...te a cause of ac tion under Code of Civil Procedure, section 430.10, subdivision (e), the Court OVERRULES the Demurrer as to the first, fifth, and sixth causes of action. However, if the Court finds that the allegations about the “police” calling someone at Oxnard School District (“OSD”) on January 20, 2022, informing some person at OSD that Ruiz was being investigated for sexual abuse of minors is too vague, so it SUSTAINS each with leav...

Excerpt: ...g to appear via Zoom must provide notice of your intent to appear remotely via Zoom before each hearing by email at [email protected], with a subject line that includes “NOTICE TO APPEAR VIA ZOOM.” You will be denied entrance to the hearing via Zoom if you fail to provide e -mail notice to the court by 4:00 p.m. the day before your hearing. You will be required to turn your camera on during your Zoom appearance and otherwise f...

Excerpt: ... grant Plaintiff 's Motions to Compel Defendant to Provide Further Responses to the Special Interrogatories and Requests for Production. All objections to the Special Interrogatories are overruled and Defendant is ordered to provide further responses, without objection, within 30 days. As for the Requests for Production, all objections are overruled, except that the attorney -client privilege objection is preserved and Defendant is ordered to pro...

Excerpt: ...ished. Plaintiff Wells Fargo's Request for Summary Judgment The Court grants Wells Fargo's request for summary judgment on the grounds that (i) Wells Fargo demonstrates that absence of a triable issue of fact as to whether Defendant Carmille Pao is liable to Wells Fargo for the subject debt; and (ii) in the absence of any opposition, Defendant Pao fails to satisfy her shifted burden of demonstrating the existence of a triable issue of fact. The e...

Excerpt: ...ement Agreem ent (“Settlement Agreement”) entered into with Defendant Cyient, Inc. The Court approves the proposed awards of attorney's fees and costs to Class Counsel, the Settlement Administrator's costs, the proposed service award to Plaintiff Almufti, and the proposed distribution of PAGA penalties (75% to the LWDA and 25% to Aggrieved Employees, which is the default distribution set forth in Labor Code §2699(i) at the time the Settlemen...

Excerpt: ... reasons articu lated in Plaintiff's opposition papers, but the Court intends to grant the Motion to Strike those portions of paragraphs containing amounts demanded for actual or punitive damages related to personal injury claims, as well as any amounts demanded for exemplary damages; i.e., ¶¶67, 78, 88, and 100, as well as the prayer for punitive damages. Analysis: Demurrer for Uncertainty Demurrers for uncertainty are disfavored and should on...

Excerpt: ..., subd. (a). 2. There is no support for the costs claimed. Analysis: “The own er of property or the owner of any interest in property subject to a claim of lien may petition the court for an order to release the property from the claim of lien if the claimant has not commenced an action to enforce the lien within the time provided in Section 8460.” (Civ. Code, § 8480, subd. (a).) “An owner of property may not petition the court for a relea...

Excerpt: ...rties and co unsel. Parties and counsel choosing to appear via Zoom must provide notice of your intent to appear remotely via Zoom before each hearing by email at [email protected], with a subject line that includes “NOTICE TO APPEAR VIA ZOOM.” You will be denied entrance to the hearing via Zoom if you fail to provide e -mail notice to the court by 4:00 p.m. the day before your hearing. You will be required to turn your camera...

Excerpt: ... of action f or nuisance and the fifth cause of action for intentional infliction of emotional distress include facts that would support a finding of malice, and thus support a claim for punitive damages. Plaintiff alleges that Defendants, through their agent Tina Bernardino, intentionally failed to address nuisance and habitability issues that they knew, or should have known, were likely to result in harm. Plaintiff has adequately alleged the ul...

Excerpt: ...rties and co unsel. Parties and counsel choosing to appear via Zoom must provide notice of your intent to appear remotely via Zoom before each hearing by email at [email protected], with a subject line that includes “NOTICE TO APPEAR VIA ZOOM.” You will be denied entrance to the hearing via Zoom if you fail to provide e -mail notice to the court by 4:00 p.m. the day before your hearing. You will be required to turn your camera...

Excerpt: ...aring by Cou rtCall, call in no later than 8:30 a.m. If you wish to appear by CourtCall, you must make arrangements with CourtCall by 4:00 p.m. the court 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. For Zoom appearances, all counsel appearing by Zoom must email the court at [email protected] with a simultaneous...

Excerpt: ...oosing to ap pear via Zoom must provide notice of your intent to appear remotely via Zoom before each hearing by email at [email protected], with a subject line that includes “NOTICE TO APPEAR VIA ZOOM.” You will be denied entrance to the hearing via Zoom if you fail to provide e -mail notice to the court by 4:00 p.m. the day before your hearing. You will be required to turn your camera on during your Zoom appearance and other...

Excerpt: ...ppearances. The Court allows Zoom appearances as a courtesy to parties and counsel. Parties and counsel choosing to appear via Zoom must provide notice of your intent to appear remotely via Zoom before each hearing by email at [email protected], with a subject line that includes “NOTICE TO APPEAR VIA ZOOM.” You will be denied entrance to the hearing via Zoom if you fail to provide e -mail notice to the court by 4:00 p.m. the d...

Excerpt: ... on the tent ative 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 between...

Excerpt: ... (a). 2. Ther e is no proof of service showing the Respondent was served with a copy of the petition and notice of hearing at least 15 days before the hearing as required by Civ. Code, § 8486. 3. There is no support for the costs claimed. Discussion: “The owner of property or the owner of any interest in property subject to a claim of lien may petition the court for an order to release the property from the claim of lien if the claimant has no...

Excerpt: ...nce of a val id arbitration agreement encompassing his individual PAGA claim. In opposition, Plaintiff Leonardo Gonzalez Tapia failed to meet his burden of establishing that the agreement is unenforceable as applied to this claim. Plaintiff's individual/non -representative PAGA claim is ORDERED to binding arbitration. (Viking River Cruises, Inc. v. Moriana (2022) 596 U.S. 639; Adolph v. Uber Technologies, Inc. (2023) 14 Cal.5th 1104.) Pending the...

Excerpt: ...es and couns el. Parties and counsel choosing to appear via Zoom must provide notice of your intent to appear remotely via Zoom before each hearing by email at [email protected], with a subject line that includes “NOTICE TO APPEAR VIA ZOOM.” You will be denied entrance to the hearing via Zoom if you fail to provide e -mail notice to the court by 4:00 p.m. the day before your hearing. You will be required to turn your camera on...