Excerpt: ...d in the absence of the non-appearing party. 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). he signed order shall be served on all parties and a proof of service filed with the court. A "notice of ruling" in lieu of this procedure is not authorized. 1 Motions: By Defendant/cross-complainant Dr. Sumavy...

Excerpt: ...ff John Paul Voita's request for an award of prejudgment interest pursuant to Civil Code 53287(a). Plaintiff's Request for Prejudgment Interest That Allegedly Accrued Prior to the Rendering of the Jury's Verdict Is Denied Civil Code 53287(a) provdes that: "A person who is entitled to recover damages certain, or capable of being made certain by calculation, and the right to recover which is vested in the person upon a particular day, is entitled a...

Excerpt: ...bedience of Two Court Orders Com#lling Plaintiff's Compliance with Defendant's Discovery. The moton seeks terminating sanctions for Plaintiff's failure to comply with the Court's discovery orders. Terminating sanctions are an extreme remedy that should only be granted where necessary. The motion fails to establish why such extreme sanctions are necessary as it fails to address whether lesser sanctons would address any harms flowing from the viola...

Excerpt: ...ecretary, 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, please call in before 8:30 a.m. If you intend to appear by CourtCall, you must make arrangements with CourtCall the day before your scheduled hearing. Requests for approval of a CourtCall appearance made to the Court on the morning of the hearing will only be granted in extreme circumstances and...

Excerpt: ...89-8791 to gain entry. The Court allows appearances by CourtCall but is not equipped for Zoom. If appearing by CourtCall, please call in before 8:30 a.m. If you intend to appear by CourtCall, pu must make arrangements with CourtCall the day before your scheduled hearing. Requests for approval of a CourtCall appearance made to the Court on the morning of the hearing will only be granted in extreme circumstances and under no circumstances if made a...

Excerpt: ...ent 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 signed order shall be served on all parties and a proof of service filed with the court. A "notice of ruling" in lieu of this procedure is not authorized. 1 Motion: Defendant Enterprise Fleet Mangement, Inc.'s demurrer to complaint (unopposed) The Court ...

Excerpt: ...nding that the parties entered into valid agreements to arbitrate this dispute. As previously indicated, the Court finds there is a modest degree of procedural unconscionability in the agreements but that this alone does not render the agreements unenforceable. However, the Court was concerned with the substantive unconscionability that would result if the costs of arbitration were anything more than minimal since Plaintiff established that he ha...

Excerpt: ...ssistant by 8:20 a.m. No notce 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 fax to Judge Guasco's secretary, Claudine Nesbitt at (805) 477-5892. Do not call in lieu of sencrng 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...

Excerpt: ... 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 tentative ruling following the scheduled hearing. ...

Excerpt: ...u may send a telefax to Judge Borrell's secretary, Tammy Brantner, at 805-477-5894, stating that you submit on the tentative. A copy of the telefax must be sent to all opposing parties contemporaneous with transmission to the court. Please include the hearing date, the case name and case number on your telefax. 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 wi...

Excerpt: ...t Company, LLC, JBR Development Co., and JBR Company, Inc. This needs to be tightened up. What entities are being sued? Other than alleging that Defendant Rosenberg resides and does business in Ventura County, and lumping Rosenberg in with other "Rasmussen Defendants", there are no ultimate facts indicating who he is; what relationship, if any, he has to other Rosenberg defendants in general or JBR Development and JBR Management in particular; no...

Excerpt: [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 ruling following the scheduled hearing. This tentative ruling will have no legal effect unless adopted by the court. ...

Excerpt: ...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 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 ...

Excerpt: ...sent 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 signed order shall be served on all parties and a proof of service filed with the court. A 'notice of ruling" in lieu of this procedure is not authorized. 1 TENTATIVE RULING RE: continued Hearing on Motion for summary Judgment or alternatively Summary A...

Excerpt: ...l be conducted in the absence of the non-appearing party. 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). he signed order shall be served on all parties and a proof of service filed with the court. A "notice of ruling" in lieu of this procedure is not authorized. 1 Motion: Defendant/cross-complainant S...

Excerpt: ... 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 ruling following the scheduled hearing. This tentative ruling will have no l...

Excerpt: ...a.courts.ca.gov. 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 tentative ruling following the scheduled hearing. This tentative ruling will have no legal effect unless adopted by the court. The Cou...

Excerpt: ...ka Anuradha Aurora) is DENIED. Code of Civil Procedure section 484.090 provides that writ of attachment should issue if the Court finds the following: (1) The claim upon which the attachment is based is one upon which the attachment may be issued; (2) Plaintiff has established the probable validity of the claim upon which the attachment is based; (3) The attachment is not sought for a purpose other than the recovery upon the claim which the attac...

Excerpt: ...e 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). he following is a statement of the court's tentative ruling. The court may adopt, modify or reject the tentatve ruling following the scheduled hearing. This tentative ruling will have no legal effect unless ad...

Excerpt: ... Court does not consider at this stage how plausible the allegatons are or whether there is evidence that supports the allegations. The Court must limit its review to the determination of whether what is alleged, with reasonable inferences drawn in Plaintiff's favor, is suffcient to state a cause of action. Plaintiff has adequately alleged a conspiracy to commit a civil wrong or tort by Defendants. While a conspiracy must be pled with specificity...

Excerpt: ...n in-person deposition would be detrimental or harmful to Plaintiff. Instead, Plaintiff submitted only the declaration of counsel, which lacked foundation for the statements concerning Plaintiff's needs. The Court is not persuaded that the deposition cannot take place in person. Nonetheless, the Court is sensitive to the fact that the deposition of a minor (here, a 7-year-old boy with a mental disability) may be an intimidating or stressful exper...

Excerpt: ...lease check in with the courtroom clerk by 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]. 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...

Excerpt: ...that Defendants generally failed to comply with Rule of Court 3.1354(b). For the purposes of this Motion only, Defendants' undisputed Material Facts ("UMFs") Nos. 3, 96, 98, 109, and 145 are disputed and established. UMFs Nos. 14, 17, 20, 49, 51, 57, 58, 72, 78, 80, 87, 95, 102, 103, 104, 105, 106, 107, 116, 117, 121, 122, 125, 139, 146, 147, 148, 149, and 151 are disputed and not established. All remaining UMFs are undisputed. For the purposes o...

Excerpt: ... wish to submit on the court's tentatve 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. he court may adopt, modify or reject the tentatve ruling following the ...

Excerpt: ...ce 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 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-appearing party. Ef...

Excerpt: ...ess adopted by the court. No notce of intent to appear is required. If pu wish to submit on the tentative decision, you may send a telefax to Judge Borrell's secretary, Tammy Brantner, at 805-477-5894, stating that you submit on the tentative. A copy of the telefax must be sent to all opposing parties contemporaneous with transmission to the court. Please include the hearing date, the case name and case number on your telefax. Do not call in lieu...

Excerpt: ...nd Hart. The Court issues the following tentative ruling: CA RV's request for judicial notice: Granted as to exhibit 23 (A) City of Mtnrpark Building Inspection Record dated April 3, 2017 and Correction Notice, (B) ESLLC/Chris Martin's September 21, 2017 Application for Building Permit and Certificate of Occupancy to the City of Moorpark, Permit No. 17-497, and (C) City of Vmrpark April 30, 2018 finalization of Permit No. 17-497; exhibit 25 (port...

Excerpt: ...Cross-Defendant Central Coast Vascular, lnc„ for Summary Adjudication is granted in part and denied in part. Summary adjudication is granted as to the 10th cause of action for retaliation pursuant to Government Code section 12653. To assert a claim of retaliation as a whistleblower under this statute, the complaining party must have made a complaint tothe State of California or a politcal subdivision thereof. This is made clear by the plain lan...

Excerpt: ...will be conducted in the absence of the non-appearing party. 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). he signed order shall be served on all parties and a proof of service filed with the court. A "notice of ruling" in lieu of this procedure is not authorized. This is an employment class action c...

Excerpt: ... Coty US Inc. 97 Cal.App.4th 1142, 1150 [119 Cal.Rptr.2d 131] (""lf an utterance, regardless of its truth or falsity, justifies an inference concerning the declarant's mental state (e.g., belief, intent, motive), it may be admissible as circumstantial evidence of that mental state. [Citations.]" (1 Witkin, Cal. Evidence (4th ed. Hearsay, S 37, p. 719.)" ) 2 — Overruled. 3 — Overruled. 4—Sustained as to Ruelas' declaration to the extent that...

Excerpt: ... a.m. No notce 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 fax to Judge Guasco's secretary, Claudine Nesbitt at (805) 477-5892. Do not call in lieu of sencrng 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 nan-appeari...

Excerpt: ...n with the 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 [email protected] 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 conduc...

Excerpt: ...ions, directive sanctions (essentially forcing an admission about whether rates charged by WM are above or below market), and monetary sanctions of $55,094.50 in attorney's fees and costs, against WM for alleged discovery abuse. Athens alleges that G.I. willfully violated the Court's October 4, 2022, Order compelling G.I. to serve verified further code-compliant responses to the Special Interrogatories ("Sl"s) and RFAs at issue. G.I. opposes the ...

Excerpt: ...urt at [email protected] or by fax to Judge McKaig'ssecretary at 805-477-8790. 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-appearing party. Absent waiver of notice and in the event an order is not signed at the hearing, the prevailing party shall prepareaproposed order and comply with CRC 3.1312 subdivisions (a), (b), (d) and (e)...

Excerpt: ...t on a tentative decision, e-mail the Court at [email protected] or by fax to Judge McKaig'ssecretary at 805-477-8790. 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-appearing party. Absent waiver of notice and in the event an order is not signed at the hearing, the prevailing party shall prepareaproposed order and comply with CRC 3...

Excerpt: ...lease arrive at the courtroomnolater than 8:30 a.m. to check in. If the door to Courtroom 43 is locked, please call Judge Coats's secretary, Ms. McIntyre, at 805-289-8791 to gain entry. While public health orders related to COVID-19 are in place, the Court strongly prefers that appearancesbemade by CourtCall. If appearing by CourtCall, please call in before 8:30 a.m. If you intend to appear by CourtCall, youmust make arrangements with CourtCall t...

Excerpt: ...5 and 9:00 a.m. Please arrive at the courtroomnolater than 8:30 a.m. to check in. If the door to Courtroom 43 is locked, please call Judge Coats's secretary, Ms. McIntyre, at 805-289-8791 to gain entry. While public health orders related to COVID-19 are in place, the Court strongly prefers that appearancesbemade by CourtCall. If appearing by CourtCall, please call in before 8:30 a.m. If you intend to appear by CourtCall, youmust make arrangements...

Excerpt: ...om 43 will begin between 8:45 and 9:00 a.m. Please arrive at the courtroomnolater than 8:30 a.m. to check in. If the door to Courtroom 43 is locked, please call Judge Coats's secretary, Ms. McIntyre, at 805-289-8791 to gain entry. While public health orders related to COVID-19 are in place, the Court strongly prefers that appearancesbemade by CourtCall. If appearing by CourtCall, please call in before 8:30 a.m. If you intend to appear by CourtCal...

Excerpt: ...il the Court at [email protected] or by fax to Judge McKaigIssecretary at 805-477-8790. 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-appearing party. Absent waiver of notice and in the event an order is not signed at the hearing, the prevailing party shall prepareaproposed order and comply with CRC 3.1312 subdivisions (a), (b), (d...

Excerpt: ... at 9 a.m„ or earlier, if the Partes are ready. Please check in withthecourtroom clerk by 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]. Absent waiver of notice and in the event an order is not signed at the hearing, the prevailing party shall prepare a and comply with CRC 3.1312 subdi...

Excerpt: ...alled at 9 a.m„ or earlier, if the Parties are ready. Please check in withthecourtroom clerk by 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]. Absent waiver of notice and in the event an order is not signed at the hearing, the prevailing party shall prepare a proposedorder and comply w...

Excerpt: ...court may adopt, modify or reject the tentative rulingafter 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 telefaxtoJudge Borrell's secretary, Tammy Brantner, at 805-477-5894, stating that you submit on the tentatve. A copy of thetelefax must be sent to all opposing partie...

Excerpt: ...the court's tentative ruling. The court may adopt, modify or reject the tentative rulingafter considering the parties' oral arguments. The tentative ruling will have no legal effect unless adopted by the court. No notce of intent to appear is required. If you wish to submit on the tentative decision, you may send a telefaxtoJudge Borrell's secretary, Tammy Brantner, at 805-477- 5894, stating that you submit on the tentative. A copy of thetelefax ...

Excerpt: ...ubmit on a tentative decision, e-mail the Court at [email protected] or by fax to Judge McKaig'ssecretary at 805-477-8790. 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-appearing party. Absent waiver of notice and in the event an order is not signed at the hearing, the prevailing party shall prepareaproposed order and comply with C...

Excerpt: ...n withthecourtroom clerk by 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]. Absent waiver of notice and in the event an order is not signed at the hearing, the prevailing party shall prepare a proposedorder and comply with CRC 3.1312 subdivisions (a), (b), (d) and (e). The following is a ...

Excerpt: ...odify or reject the tentative rulingafter 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 telefaxtoJudge Borrell's secretary, Tammy Brantner, at 805-477-5894, stating that you submit on the tentative. A copy of thetelefax must be sent to all opposing parties contemporaneous...

Excerpt: ...ision, e-mail the Court at [email protected] or by fax to Judge McKaig'ssecretary at 805-477-8790. 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-appearing party. Absent waiver of notice and in the event an order is not signed at the hearing, the prevailing party shall prepareaproposed order and comply with CRC 3.1312 subdivisions (...

Excerpt: ...m. to check in. If the door to Courtroom 43 is locked, please call Judge Coats's secretary, Ms. McIntyre, at 805-289-8791 to gain entry. While public health orders related to COVID-19 are in place, the Court strongly prefers that appearancesbemade by CourtCall. If appearing by CourtCall, please call in before 8:30 a.m. If you intend to appear by CourtCall, youmust make arrangements with CourtCall the day before your scheduled hearing. Requests fo...

Excerpt: ...tive ruling. The court may adopt, modify or reject the tentative rulingafter 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 telefaxtoJudge Borrell's secretary, Tammy Brantner, at 805-477-5894, stating that you submit on the tentative. A copy of thetelefax must be sent to a...

Excerpt: ...3 The following is a statement of the court's tentative ruling. The court may adopt, modify or reject the tentative rulingafter 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 telefaxtoJudge Borrell's secretary, Tammy Brantner, at 805-477-5894, stating that you submit on th...