Excerpt: ...to Grant the motion for summary judgment. Under the circumstances established, defendant Margus Limited owed no duty to the decedent. All of plaintiffs' evidentiary objections are overruled. All of defendant Margus's evidentiary objections except numbers 5, 6 and 8 are sustained. For purposes of this motion only the court finds: UMFs 1, 3, 4, 6, 8, 10, 13, 14, 15, 21, 22 and 23 are undisputed. UMFs 2, 5, 9, 11, 16, 17, 18, 19 and 20 are d...

Excerpt: ...ends to continue this matter for a supplemental declaration. A separate declaration must accompany the motion which specifies:(1) the effect of the amendment, (2) why the amendment is necessary and proper, (3) when the facts giving rise to the amended allegations were discovered, and (4) the reasons why the request for amendment was not made earlier. (Cal. Rule of Court, Rule 3.1324, subd. (b).) Here, the declaration of Book does not states the r...

Excerpt: ...murrer as to claims by Petitioner for a CCP 1085 writ: sustain w/o leave to amend. There is nothing pled in the petition nor anything raised in the opposition that suggests that Petitioner is entitled to CCP 1085 relief. See Gong v. City of Fremont (1967) 250 Cal. App. 2d 568, 572. Demurrer as to claims by Petitioner for a CCP 1094.5 writ: sustain w/ leave to amend. The Petition is devoid of facts to support the conclusory claims by Petitioner th...

Excerpt: ... Court intends to rule as follows: Grant motion to strike as to paragraph 20 of the first amended complaint and the prayer for relief concerning punitive damages and attorney's fees. Plaintiff has pled nothing more than a dispute between adjoining landowners concerning the extent to which either may improve the non‐exclusive easement for ingress and egress. Such a dispute does not comport with malice or oppression necessary pursuant to CC 3...

Excerpt: ..., 12/21/2018 stolo The Court intends to rule as follows: Yolanda's motion for post‐judgment costs is DENIED, without prejudice to its ability to file a code‐compliant memorandum of costs pursuant to the procedure in CCP section 685.070, subd. (b). Yolanda's motion for attorney fees against KGCRE is DENIED. Yolanda's motion for attorney fees against Rocklin is GRANTED IN PART in the amount of $186,521.30. This figure is based on th...

Excerpt: ... 11/29/2018 stolo The Court intends to rule as follows: Defendant's motion to compel further responses to RPD Nos. 1‐2 and 4‐6 is DENIED. Defendant's motion to compel further responses to RFA Nos. 2‐4 and 11‐12 is DENIED. Defendant's motion to compel further responses to FI No. 17.1 is GRANTED IN PART as to FI No. 17.1(b) as to RFA Nos. 1‐4 and FI No. 17.1(d) as to RFA Nos. 1‐ 12, and DENIED IN PART as to FI No. 17.1(b) as...

Excerpt: ...Protective Order, 01/07/2019 stolo The Court intends to Deny Plaintiff's request for protective order and interpreter. Plaintiff presented no legal authority that would require Defendants to pay for an interpreter at Plaintiff's deposition even if Plaintiff had language issues. The Court intends to Deny Defendant's request for monetary sanctions as Defendant failed to identify who the sanctions were sought against. Analysis: Evidence ...

Excerpt: ...ollows: Defendants' motion to compel arbitration is GRANTED IN PART as to the first cause of action for elder abuse and neglect, and DENIED IN PART as to the second cause of action for wrongful death. The scope of both the Arbitration Agreements applies to controversies arising from Decedent's "stay at the Community," and "Community" is defined in the Residency Agreement, which contains the 2016 Arbitration Agreement, as t...

Excerpt: ...ion for Hearing on Right to Attach Order/Writ of Attachment, 11/01/2018 stolo The Court intends to rule as follows: Deny application for right to attach order. A claim is one upon which an attachment may issue if it is: 1) a claim for money based upon a contract, express or implied"; 2) of a "fixed or readily ascertainable amount not less than $500"; 3) that is either unsecured or secured by personal property, not real property (inclu...

Excerpt: ...#39;s and Youliny Cha's request for judicial notice in its entirety. Sustain, with leave to amend, Defendants' demurrer to the first cause of action for breach of contract, second cause of action for breach of implied warranty of habitability, third cause of action for violation of Civil Code §1942.4, sixth cause of action for retaliatory eviction, and seventh cause of action for violation of Civil Code §1942.4 as asserted by Plaintiffs...

Excerpt: ... to Defendant's evidentiary objections: Woloshin decl.: O/R paragraphs 5 & 8 – not material; Rosenbach decl.: O/R as to paragraphs 3‐9 – not material (but would have been sustained if they were); James' decl.: O/R – Defendant is presenting 'argument' not an evidentiary objection; The Court intends to Deny Defendant LQ Management, LLC's motion for summary judgment: D failed to set forth material undisputed facts which d...

Excerpt: ...18 stolo The Court intends to rule as follows: Defendants' motion to bifurcate the issue of liability for punitive damages from the issue of the amount of punitive damages, and to preclude admission of evidence of Defendant's profits or financial condition to prove the amount of punitive damages in the first phase of the trial, is GRANTED. (See Civ. Code, § 3295(d).) This order does not prevent Plaintiff from introducing financial‐rela...

Excerpt: ...ng Sanctions, 12/03/2018 stolo The Court intends to rule as follows: Deny FCA US LLC's motion. Its sole complaint is that plaintiff and her attorney failed to pay the sanctions awarded in its September 5, 2018 ruling. That does not warrant the granting of terminating sanctions or an order awarding FCA US LLC's request for additional monetary sanctions. The original award remains in effect. "An order imposing monetary sanctions may be ...

Excerpt: ...ntiff seeking an award of attorney fees from a defaulting defendant must request those fees at the time the plaintiff requests entry of default judgment. Post judgment motions for attorney's fees in default cases are not permitted. Plaintiff did not include a request for attorney's fees in her default paperwork as required by Rule 3.1800(a)(9). While the default judgment was briefly set aside, it was reinstated on 7/5/18. Discussion: Atto...

Excerpt: ...grant Defendants' unopposed request for judicial notice of the dockets in both cases. The Court also intends to grant Plaintiff's unopposed request for judicial notice of the motions and orders contained in the file (e.g., motions and limine and corresponding oppositions, as well the Court's Order regarding the same). The Court denies Defendants' Motions except as conceded by Plaintiff; accordingly the Court strikes items 34‐37 ...

Excerpt: ...�� Other (CLM) ‐ for Hearing on Objections by Plaintiffs to Proposed Judgment submitted by CAUSAL DOCUMENT/DATE FILED: Motion ‐ Other, 08/10/2018 stolo The Court intends to rule as follows: Oliver's motion for a hearing on objections is GRANTED, and the Court deems the hearing on this motion to be a hearing on Oliver's objections. (See Cal. Rules of Court, rule 3.1590(k).) The Court adopts Oliver's proposal on the issue of mainten...

Excerpt: ...f Sierra ("Bank") filed this motion on June 29, 2018. On July 5, 2018, Plaintiff Laurie Ann Humberd faxed supplemental responses to some of the discovery at issue in this motion. Bank wants the court to strike Ms. Humberd's declaration containing those supplemental responses. The court declines to do so, and the court will consider the sufficiency of Ms. Humberd's supplemental responses in evaluating this motion; to do otherwise w...

Excerpt: ...fter the current motions were filed, Plaintiff appears to have provided supplemental response to several of the discovery matters addressed in the motions. However, special interrogatory nos. 26‐27, request for production no. 13 and all of the requests for admissions addressed in the original motion remain at issue. The Court Grants FCA's motion to compel further response to Special Interrogatory no. 26. If the plaintiff cannot express the ...

Excerpt: ...ant's motion to tax is GRANTED IN PART as to the service fees for the motion to enforce liability in the amounts of $155, $154.75, $125, and $235, and DENIED IN PART as to the consulting fees. While the consulting fees were reasonably necessary to the conduct of the litigation, the service fees for the unsuccessful motion to enforce liability were not. (See CCP, § 1033.5, subd. (c)(2).) Discussion: Consulting Fees: Plaintiffs persuasively ar...

Excerpt: ... the notice of stay filed by the County on 2‐27‐18 reflects that the Fishbacks did not list the County as a creditor in their bankruptcy petition. The Trustee did not move to make this an 'asset' of the bankrupt estate. The Court accepts exhibit T attached to Ceccon declaration filed 8‐20‐18 as proof that the County agreed in writing not to raise the 5 year time limit to bring a case to trial as a defense against the Fishback firs...

Excerpt: ...Gabriella Ambriz, there is a procedure in place for a refund from the sale proceeds of the subject property. Discussion: Plaintiff seeks a refund of the legally required deposit made per CCP § 685.100 based on the court's May 7, 2018 order waiving fees associated with the costs of publication. According to the Declaration of Gabriella Ambriz, the Clerical Supervisor for the Ventura County Sheriff's Office, Civil Division, the Sheriff'...

Excerpt: ...t, 07/18/2018 stolo The Court intends to rule as follows: Overrule the County's objections. GRANT the motion to determine the good faith settlement. Discussion: Any party to an action in which it is alleged that two or more parties are joint tortfeasors or co‐obligors on a contract debt shall be entitled to a hearing on the issue of the good faith of a settlement entered into by the plaintiff or other claimant and one or more alleged tortfe...

Excerpt: ...complaint, with leave to amend. (CCP §§ 430.10(e), (f).) The first cause of action for defamation. The language of the alleged comments and their context support the conclusion that they were statements of opinion. Plaintiff fails to allege facts supporting a false statement of fact, which is one of the key elements of this cause of action. (See Baker v. Los Angeles Herald Examiner, 42 Cal.3d 254, 259 (1986), citing Letter Carriers v. Austin, 4...

Excerpt: ...on to Compel, 06/20/2018 stolo The Court intends to rule as follows: GRANT. Strike all plaintiff's objections to the form interrogatories for failing to meet her burden of justifying them in her opposition. Should this result in the need to alter her responses to form interrogatories‐general 2.12, 2.13, 6.6, 9.1, 9.2, 10.3, 12.2, 12.3, 12.4, 13.1, 13.2, 50.3, 50.4, 50.5, 50.6 and form interrogatories‐employment 210.1, 210.5, 210.6, 212.1,...

Excerpt: ... stolo The Court intends to rule as follows: Plaintiff's motion to quash as to the subpoena issued to JP Morgan Chase is GRANTED, and her objections on the grounds of relevance and privacy to the Chase subpoena are sustained. Plaintiff's motion to quash the subpoena issued to T‐Mobile in its entirely is DENIED, but her alternative motion for a protective order is GRANTED. The Court hereby issues a protective order that T‐Mobile is onl...