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: ...n ‐ Other, 05/02/2018 stolo The Court intends to rule as follows: As to Moving Party's request for judicial notice of the Court file: Grant. The Court intends to Deny Defendant's motion to stay action or for an injunction as to discovery. Defendant made no evidentiary showing concerning any pending discovery served by Plaintiff in this matter and thus, Defendant presented no evidence that such discovery would somehow 'impede' th...

Excerpt: ...Motion ‐ Other, 07/16/2018 stolo The Court intends to rule as follows: Deny the motion to enforce subpoena for business records issued to Gasprom, Inc. The City of Oxnard has not negated Meylan, Davitt, Jain, Arevian & Kimm LLP's claim that it cannot provide the affidavit required by Evidence Code §1561 and Cooley v. Superior Court (2006) 140 Cal.App.4th 1039 is on point. Absent Gasprom, Inc.'s voluntarily turning over the documents so...

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...

Excerpt: ...ut leave to amend to the 2 nd cause of action. Defendant Simi Valley Unified School District's Demurrer to Plaintiff's Complaint is SUSTAINED WITHOUT LEAVE TO AMEND. CCP § 430.10(e). Plaintiff has failed to allege facts sufficient to establish a defect in the public property and a causal connection between a defect and his injuries. The case here is analogous to Zelig v. County of Los Angeles (2002) 27 Cal.4th 1112 (courthouse not defect...

Excerpt: .../18/2018 stolo The Court intends to rule as follows: Plaintiffs failed to properly serve the motion on both Defendant and Surety at least 30 days before the hearing pursuant to CCP section 996.440, subd. (c). In addition, Plaintiffs failed to adequately explain how they calculated the interest sought to be paid from each of the three bonds at issue. Moreover, given that Defendant has until July 5, 2018 to pay the judgment before the Court may enf...

Excerpt: ... stolo The Court intends to rule as follows: "GRANT. The arbitrator issued a final signed award on 8/13/14. To the extent applications for correction were made to the arbitrator, the applications were deemed denied by late September, 2014. CCP § 1284. Digital did not petition to correct or vacate the award within 100 days of the date the applications were deemed denied. CCP § 1288.8. Dial Security is entitled to the requested costs and prej...

Excerpt: ...ecord, 04/20/2018 stolo The Court intends to Deny the motion to be relieve as counsel without prejudice. Counsel failed to submit mandatory judicial council form declaration pursuant to CRC 3.1362 (c). The motion is not accompanied by the Judicial Council form declaration. "(c) Declaration The motion to be relieved as counsel must be accompanied by a declaration on the Declaration in Support of Attorney's Motion to Be Relieved as Counsel�...

Excerpt: ...e Court intends to Deny the motion to compel the release of documents under seal. Moving party has not articulated a sufficient reason to force disclosure of information pertaining to Ms. Mofya's activities since 2015. Such information is not relevant to whether Ms. Mofya had capacity six years earlier (i.e., in 2009 at the time that she executed the fee agreement) ...

Excerpt: ...riguez's request for judicial notice is GRANTED. (See Evid. Code, § 452, subs. (d).) Demurring Parties' demurrer for uncertainty to the fourth, fifth, sixth, seventh, eighth, and ninth causes of action in the cross‐complaint is OVERRULED. Although not addressed by the parties, "[a] demurrer for uncertainty is strictly construed, even where a complaint is in some respects uncertain, because ambiguities can be clarified under modern ...

Excerpt: ... compel as to RPD No. 29 is MOOT. Plaintiff's motion to compel further responses to RPD Nos. 16‐20 and 31‐39 and a privilege log is GRANTED. The relevance and overbroad objections are overruled. The undue burden, oppression, and Marshalls' privacy/confidential information objections are overruled, without prejudice to Marshalls' ability to bring a code‐compliant motion for a protective order seeking to split costs and/or prevent...

Excerpt: ...16/2018 stolo This court intends to rule as follows: 3 rd cause of action for conversion. Deem the motion moot as to the 3 rd cause of action for conversion. That cause of action was dismissed on 5/21/18. Evidentiary objections to the Declaration of Mark Dufau filed on March 16. 2018: #1: Sustain. [Legal conclusion.] #2: Sustain. [Legal conclusion.] #3: Sustain. [Irrelevant.] #4: Sustain. [Irrelevant.] #5: Sustain. [Legal conclusion.] #6: Sustain...

Excerpt: ... to the second cause of action for negligent supervision. The cause of action posits that defendant Hobbs had supervisorial authority over defendant Magoon. Yet, there are no specific allegations in the Second Amended Complaint that reflect that relationship. Hobbs allegedly recommended Magoon as a tutor (SAC at ¶17), but that allegation does not reflect any supervisorial relationship between Hobbs and Magoon. At best is the allegation that VUSD...

Excerpt: ...defense and the arguments made by the Winchester parties. The court declines to consider the evidence submitted with the opposition. None of the defenses are so uncertain that they cannot be responded to. Some of the defenses stem from the allegations of the cross‐ complaint and other pleadings in this action and are, therefore, adequately plead. Some of the defenses are within Winchester's own knowledge. Some of the defenses are self‐exp...

Excerpt: ...l of Record, 05/25/2018 stolo The Court intends to rule as follows: Mr. Yorke's motion to be relieved as counsel contains three fatal defects. First, Mr. Yorke states he served Plaintiff at her last known address, but fails to declare that he verified Plaintiff's address within the last 30 days as required. (See Cal. Rules of Court, rule 3.1362(d).) Second, Mr. Yorke failed to lodge a proposed order with the moving papers as required. (Se...

Excerpt: ...all requests for judicial notice. Overrule Powell's objections. Decline to rule on the County's objections 1‐8 as the evidence was not material to the court's analysis. CCP § 437c(q). Overrule the County's objections 9‐13 as these are objections to Smitty's material facts, not to the evidence in support. For purposes of this motion, UMFs 4 and 8 are not established. All other UMFs are established. At the outset it should ...

Excerpt: ... intends to: GRANT plaintiff's motion to quash deposition subpoenas and award her $3,935 in sanctions against defendant and its attorney. On their face, the subpoenas are overbroad. While defendant clearly is entitled to some documents from plaintiff's medical providers, defendant simply has not shown a particularized need for all the confidential information sought. ...

Excerpt: ... follows: Defendant's demurrer for failure to state a claim and uncertainty is OVERRULED. Defendant's demurrer to the FAC on the grounds of failure to state a claim and uncertainty is OVERRULED." Discussion: Demurrer for Failure to State a Claim: "In an action for injury or death against a health care provider based upon such person's alleged professional negligence, the time for the commencement of action shall be three years...

Excerpt: ...emurer to 1st cause of action for (1) Elder Abuse and Neglect (Welf. & Inst. Code section 15600 et seq.). Plaintiff has sufficiently alleged neglect within the meaning of Welfare & Institutions Code § 15610.57(b)(3) [failure to protect from health and safety hazards] and (4) [failure to prevent malnutrition or dehydration] and that defendant engaged in reckless neglect. OVERRULE demurrer to 2 nd cause of action for Violations of Residents' B...

Excerpt: ...equest for judicial notice is GRANTED. Porat's motion to strike is DENIED. Motion to Strike Meet & Confer: A motion to strike must be accompanied by a meet and confer declaration showing an effort to informally resolve each issue raised by the motion. (CCP, § 435.5, subd. (a).) Porat's counsel's meet and confer declaration only shows that the motion to strike the entire SAXC as untimely was addressed, not any argument raised in suppo...

Excerpt: ...nds to DENY the motion to strike in its entirety. Discussion: General. A motion to strike may be brought to strike any irrelevant, false or improper matter inserted in any pleading or to strike any pleading or part thereof not drawn or filed in conformity with the laws of this state, a court rule or order of court. CCP § 436. The grounds for a motion to strike must appear on the face of the pleading under attack, or from matter which the court m...

Excerpt: ... rule as follows: Porat's demurrer on the grounds of failure to state a claim and uncertainty is OVERRULED. Discussion: Request for Judicial Notice Porat requests judicial notice of the grant deed, which is a notarized recorded document related to the ownership of the subject premises that is subject to judicial notice. (See Evid. Code, § 452, subds. (c) & (h); see also Fontenot v. Wells Fargo Bank, N.A. (2011) 198 Cal.App.4th 256, 267, disa...

Excerpt: ...5/09/2018 stolo The Court intends to Deny Plaintiff Herr's Motion for Reconsideration on grounds that judgment has already been entered and the Court lacks jurisdiction. See APRI Ins. Co. v. Superior Court (1999) 76 Cal.App.4th 176, 181. Additionally, Plaintiff Herr has failed to establish no new or different facts, circumstances, or law. CCP §1008(a). Moreover, the affidavit attached to the Motion is insufficient. Analysis: CCP §1008(a): &...

Excerpt: ... (fraud): GRANT with leave to amend. These actions are barred on their face by the three‐year statute of limitations and plaintiff has not plead specific facts supporting her claim of delayed discovery. 2 nd & 5 th c/a (conversion): GRANT with leave to amend. These actions are barred on their face by the three‐year statute of limitations and plaintiff has not plead specific facts supporting her claim of delayed discovery. 3 rd & 6 th c/a (bre...

Excerpt: ... follows: The demurrer to the 1 st , 2nd, 4 th, 5 th and 6 th causes of action is sustained with 20 days leave to amend. While defendant has not demonstrated the California Uniform Trade Secrets Act preempts all of the causes of action, she has demonstrated that all but the 3 rd cause of action is not adequately pled. Plaintiff's allegations are sufficient to support a claim for declaratory relief. Plaintiff attempts to claim that a duty suff...

Excerpt: ...compel as to RPD No. 29 is MOOT. Plaintiff's motion to compel further responses to RPD Nos. 16‐20 and 31‐39 and a privilege log is GRANTED. The relevance and overbroad objections are overruled. The undue burden, oppression, and Marshalls' privacy/confidential information objections are overruled, without prejudice to Marshalls' ability to bring a code‐compliant motion for a protective order seeking to split costs and/or prevent ...

Excerpt: .../2018 stolo The Court intends to rule as follows: Marshalls' motion is GRANTED IN PART and DENIED IN PART as follows. Marshalls' motion to compel compliance is DENIED, without prejudice to its ability to bring such a motion after successfully moving to compel further responses without objection under CCP section 2031.310. Marshalls' motion to compel further responses to the RPD is GRANTED. Plaintiff is ordered to provide verified, cod...

Excerpt: ...with leave to amend Porat's motion to strike the Second Amended Complaint as to the prayer for punitive damages (Compl., ¶ 32 & prayer ¶ 4), and Deny in part as to the Second Amended Complaint as a whole, prayer for attorney fees, and other allegations. Merits of the Motion Entire Second Amended Complaint: The entire Second Amended Complaint should not be dismissed simply because the word "stucco/drywall" is used. The material fact ...

Excerpt: ...#39;s demurrer to each cause of action in the Second Amended Complaint is OVERRULED. A. Demurrer for Failure to State a Claim First Cause of Action for Negligence: Plaintiff's negligence claims is based on two theories of liability: (1) Porat owned/controlled/managed the property; and (2) Porat employed Plaintiff. Assuming arguendo that Porat is correct that the grant deed shows he did not own the property at the time of the incident, for pur...

Excerpt: ...ve Order, 04/02/2018 stolo The Court intends to rule as follows: Overrule Defendant Foodservice Operators Training Achievement Program Series, LLC's ("TAP") evidentiary objections to the declaration of Plaintiff Tristan Baer's counsel N. Cory Barari and attached Exhibits. Overrule Plaintiff Baer's objections to Defendant TAP's Opposition Brief. Find that Plaintiff fails to demonstrate that the Stored Communications Act app...

Excerpt: ...pel, 02/21/2018 stolo The Court observes that the parties have done a poor job informing the Court what issues remain in controversy since the April 2, 2018 hearing. The Court understands that the parties have a dispute with respect to request for production 37, 38 and 39. The Court intends to compel further production as to these requests. Requests for Production 37, 38 and 39 As to these RPDs, plaintiff argues that defendant's responses are...

Excerpt: ...t intends to Grant cross‐defendants' request for judicial notice. 2 nd c/a (breach of guaranty): SUSTAIN with leave to amend. To allege a breach of the guaranty against Yacoby, Rancho Oaks must allege an actionable breach by L&B within the first five years of the lease. The only breaches plead with specificity occurred well after this time period. Claims by Richard Winchester: Since Winchester is deceased he is not a proper party. However, ...

Excerpt: ...ends to deny the application for the following reasons: (1) The subject property is misidentified in the Application. Tax‐related documents show that the address of the subject property is 950 Tenth Street, Santa Paula, CA, not 950 Terracina Street, Santa Paula, CA, as identified by Plaintiff Catherine O'Brien in her Application. (2) The Sheriff has not levied on the home. (See CCP § 704.750, providing that an application for an order for ...

Excerpt: ...Other, 03/16/2018 stolo The Court intends to DENY the motion for relief from order granting leave to file a second amended complaint. Defendant was not diligent in bringing this motion, filing it one month after it was aware of the court's ruling. The 2/15/18 order was not entered due to defense counsel's mistake, inadvertence, surprise, or excusable neglect. It was entered after due consideration of the fully‐briefed motion and pursuan...

Excerpt: ...03/15/2018 stolo The Court intends to Deny the motion per CCP § 473(b) as untimely, but grant the motion per CCP § 473.5. Defendants Reprudencia Sonkey and Whitenicious, Inc.'s Motion to Vacate Default and Default Judgment is GRANTED per CCP § 473.5. Initially, the Court notes that the motion is not timely per CCP § 473(b) as the default was entered on 6‐28‐17 and this motion was not filed until 3‐15‐18, beyond the six‐month lim...

Excerpt: ...rule as follows: While Plaintiff's meet and confer efforts concerning VUSD's amended responses was less than robust, the court does not find that additional meet and confer would have been fruitful. Request for Documents ("RFD") 2 – VUSD has agreed to produce all files that relate to Magoon but are not maintained in his name and to produce all non‐privileged documents therein. This goes beyond the scope of the demand which is ...

Excerpt: ... confer regarding an agreed upon definition of "504 ACCOMMODATION PLAN" and "LEARNING DISABILY" and VUSD then to respond without objection to request for admission ("RFA") 3 and 4. VUSD objected to many of the RFAs based upon the definitions that Plaintiff employed in the RFAs. The court agrees that some of the definitions that Plaintiff used made it difficult for VUSD to respond. Plaintiff defined "YOU" and "Y...

Excerpt: ...ends to deny the application for the following reasons: (1) The subject property is misidentified in the Application. Tax‐related documents show that the address of the subject property is 950 Tenth Street, Santa Paula, CA, not 950 Terracina Street, Santa Paula, CA, as identified by Plaintiff Catherine O'Brien in her Application. (2) The Sheriff has not levied on the home. (See CCP § 704.750, providing that an application for an order for ...

Excerpt: ...cation, 01/11/2018 stolo The Court intends to rule as follows: Sustain Defendant Simi Valley Medical Building Owners Association's ("Association") Objection No. 1. For the purposes of the present motion only, the Court finds that: (i) the Association's Material Facts Nos. 1‐8, 11, and 12 are undisputed and established; (ii) the Association's Material Facts No. 10 is disputed and established; (iii) the Association's Mater...

Excerpt: ...o be premature in light of the language in the court's 2/7/18 ruling. In the 2/7/18 ruling, Judge Baio denied Plaintiff's Application for Court Order of Sale, without prejudice, and also stated: "In the event the sale of the house is ordered and the house is sold, the Court will determine if plaintiff's request for the waiver of Sheriff fees for the recording and publication are to be waived." (See minute order dated 2/7/18.) ...

Excerpt: ...ntends to rule as follows: Grant cross‐defendants' request for judicial notice. 2 nd c/a (breach of guaranty): The Court intends to SUSTAIN with leave to amend. To allege a breach of the guaranty against Yacoby, Rancho Oaks must allege an actionable breach by L&B within the first five years of the lease. The only breaches plead with specificity occurred well after this time period. Claims by Richard Winchester: Since Winchester is deceased ...

Excerpt: ...er is only appropriate where the grounds for objection appear on the face of the complaint or from any matter of which the court is required to or may take judicial notice. CCP § 430.30(a). For the purpose of a demurrer, the court must treat all properly pleaded facts as admitted. Blank v Kirwan (1985) 39 Cal.3d 311, 318. Starbucks argues that cross‐complainants had options available to them to remedy L&B's complaints about traffic congest...

Excerpt: ...o be premature in light of the language in the court's 2/7/18 ruling. In the 2/7/18 ruling, Judge Baio denied Plaintiff's Application for Court Order of Sale, without prejudice, and also stated: "In the event the sale of the house is ordered and the house is sold, the Court will determine if plaintiff's request for the waiver of Sheriff fees for the recording and publication are to be waived." (See minute order dated 2/7/18.) ...

Excerpt: ...r and Morgan Kaczor's Motion to Strike Punitive Damages From Plaintiff's Complaint is DENIED. CCP § 435 et seq. The Complaint alleges facts sufficient to support a finding that defendants engaged in despicable conduct with a willful and conscious disregard of the rights or safety of others. Taylor v Superior Court (1979) 24 Cal.3d 890, 896. Accordingly, the motion is denied. Defendants to answer within 10 days. ...

Excerpt: ...02/28/2018 stolo The Court intends to GRANT Defendant Bank of Sierra's Application to Expunge Lis Pendens. CCP § 405.32. Plaintiffs have not established the probable validity of their claim. Looking the purchase agreement, the escrow instructions and modifications, the Court sees that the purchase agreement provides for wire transfer of funds for the initial deposit, in that the boxes for cashier's check, personal check, or other were no...

Excerpt: ...Deny motions, without prejudice to plaintiff's right to propound new discovery covering the same materials if he so desires. The current motions were filed on February 2, 2018. That same day the court took plaintiff's motion to reopen discovery under submission. On February 5, 2018, the court granted plaintiff's motion to reopen discovery. However, this subsequent reopening of discovery does not cure the defects inherent in the curren...

Excerpt: ...WITH LEAVE TO AMEND Defendant's demurrer for failure to state a claim to the first cause of action. CCP section 340.5 applies to this claim. The complaint discloses that Plaintiff knew of should have discovered her injury and wrongful cause by August 2, 2016, thereby triggering the shorter 1‐year statute of limitations. (See CCP, § 340.5, subd. (a).) Plaintiff does not allege facts to support delayed discovery or tolling under CCP section ...

Excerpt: ... The Court intends to Deny the motion for clarification as to status of government claim. Plaintiff has cited no statutory or case law authority by which the court is to "clarify" the status of his tort claims. Plaintiff seeks alternative relief under Gov't Code §946.6. However, Plaintiff has filed a complaint and a first amended complaint in this action, thus Plaintiff has already availed himself of the relief that he would be entit...

Excerpt: ...th leave to amend. In the First Amended Complaint, Plaintiff asserts one cause of action: Health and Safety Code §1278.5. To state a cause of action for §1278.5, a plaintiff must show that he: (1) engaged in protected activity under the statute; (2) he was thereafter subjected to an adverse employment action; and (3) a causal link between the two. Mendiondo v. Centinela Hospital Center, (9th Cir. 2008) 521 F3rd 1097, 1105. Plaintiff alleges tha...

Excerpt: ...on for Judgment Not Withstanding the Verdict, 02/01/2018 stolo The Court intends to DENY the motion for judgment notwithstanding the verdict. The motion was not timely made. The notice of motion was served on plaintiffs' counsel more than 15 days after notice of entry of judgment was served on moving parties. Regardless, the motion cannot be granted as to defendant MOGA because that party is a corporation which must be represented by an attor...

Excerpt: ...intends to Deny the motion to stay. The moving party has not made a compelling argument that a stay is warranted. A stay of proceedings is an equitable remedy, the issuance of which rests in the Court's discretion. (See, e.g., Webster v. Sup. Ct. (1988) 46 Cal.3d 338, 345.) "Trial courts generally have the inherent power to stay proceedings in the interests of justice and to promote judicial efficiency." (Freiberg v. City of Mission V...

Excerpt: ...her, 02/02/2018 stolo Petitioner appears to meet the definition of a newspaper of general circulation. However, a few things have technically deviated from the statutory requirements. First, technically the court should not have set the hearing on the petition until after proof of publication was submitted to the court. Gov. Code §6022. [This seems a little odd since publication is normally meant to give notice of the hearing and it also seems i...

Excerpt: ...o The Court intends to rule on the motion to compel further responses to requests for production as follows: RFP 3: GRANT in part. Plaintiff's response is defective. However, the response refers to a witness statement taken by his investigator and that is entitled to at least qualified privilege. It was defendant's burden to show that denial of its request will unfairly prejudice it or will result in an injustice. Since defendant did not ...

Excerpt: ...t aside default. The motion is, in essence, a renewal motion to an identical motion heard on 12/29/17 and denied. The present motion does not comply with CCP 1008. It is not made under Section 1008, and accordingly, there is no affidavit showing what application was made before, when and to what judge, what order or decisions were made, and what new or different facts, circumstances, or law are claimed to be shown. Defendant also does not provide...

Excerpt: ...to rule as follows: The Court intends to Grant the motion to compel answers to deposition questions, in part. Initially, the Court notes that the motion is untimely per CCP § 2025.480. However, a timely opposition has been filed which does not address this issue. As such, this motion will be considered on the merits. Plaintiffs' Motion for Order Compelling Answers to Deposition Questions is GRANTED IN PART. CCP § 2025.480. The burden is on ...

Excerpt: ...llegations that defendants failed to advise her to consult with independent counsel and her requests for punitive damages. The Court intends to DENY the remainder of the motion to strike. Defendants' reliance on Loube v. Loube (1998) 64 Cal.App.4th 421, is misplaced. Here, plaintiff is not seeking damages that exceed the actual damages she incurred. Plaintiff and Edward entered into a stipulated judgment whereby plaintiff was to receive the b...

Excerpt: ...to the joinder by Defendant Mueller, the Court intends to Overrule the motion for joinder. Mueller had no legal argument in his support of joinder. He does not stand in the same position as the moving Defendants who are prior owner/employers of Mueller and Cortez. Mueller and Cortez were still employees of the new owners when the incident occurred. As to the demurrer, the Court intends to sustain the demurrer of the moving Defendants to the third...

Excerpt: ... Grant Plaintiff's Motion for Relief from Jury Payment Deadline. CCP §631(g). Both parties' actions throughout the litigation establish that they proceeded with the understanding that the case would be heard by a jury. Defendant has failed to show prejudice. The Court intends to Deny Plaintiff's Motion for Leave to File Second Amended Complaint. Plaintiff's counsel's actions are extraordinarily untimely. Plaintiff's couns...

Excerpt: ...he Court intends to rule as follows: Sustain Defendants CarMax Auto Superstores West Coast, Inc.'s ("CarMax Auto West Coast") and CarMax Business Services, LLC's ("CBS") evidentiary objections to Plaintiff Ariana Mora's evidence submitted in opposition to Defendants' motion as to Objection No. 1. Overrule Defendants' remaining Objections to Plaintiff's evidence. Find, for the purposes of this motion only, t...

Excerpt: .../2018 stolo The Court intends to Sustain Without Leave to Amend the Demurrer to causes of action 3 ‐ Breach of contract, 4 ‐ Declaratory relief & 5 ‐ Breach of contract and bad faith. Plaintiff has plead insufficient facts to state a cause of action and pursuant to Moradi‐Shalal v. Fireman's Fund Ins. Companies (1988) 46 Cal. 3d 287, 308, Plaintiffs cannot state facts sufficient to state any cause of action. Contrary to Plaintiffs'...

Excerpt: ... quash service of summons CAUSAL DOCUMENT/DATE FILED: Motion to Set Aside, 11/28/2017 stolo The Court intends to Deny the motion to set aside based upon Code of Civil Procedure §473(d). The Court intends set aside the default based upon Code of Civil Procedure §473(b). The Court intends to Deny the request to quash the service of summons. The evidence establishes that there was a defect with the substituted service. Joseph Janik could reasonabl...

Excerpt: ...D Schwetz' motion to vacate 'tentative' decision. D's claim that the decision was not consistent with the undisputed evidence submitted at trial was not substantiated as D presented no evidence that reflects what was or was not 'undisputed'. D's claim that P didn't establish the elements to support causes of action 1‐3 is an insufficient evidence argument, not a CCP 663 argument. D's argument about the Court ...

Excerpt: ...uest for judicial notice is GRANTED. Porat's demurrer for uncertainty is OVERRULED. Porat's demurrer for failure to state a claim to each cause of action in the FAXC is SUSTAINED WITH LEAVE TO AMEND. Cross‐Complainants cannot state a claim against Porat based on his alleged ownership or status of a buyer of the property because the grant deed shows that the allegation is false. The courts will not close their eyes to situations where th...

Excerpt: ...ntends to Grant RJN of moving party. (Ev. Code § 452.) The Court intends to Grant the motion of defendant Carmax Auto Superstores West Coast, Inc. to strike plaintiff Ariana Mora's Amendment to Complaint – Incorrect Name in its entirety as irrelevant, improper, false and contrary to law. (CCP §§ 435, 436.) CCP 474 provides: § 474. Defendant designated by fictitious name; amendment; requirements for default judgment; notice to person ser...

Excerpt: ...ther, 01/17/2018 stolo The Court intends to Grant the motion to conduct discovery of defendant's assets. Initially, the court notes that the evidentiary objections filed by Defendant are overruled in their entirety. Plaintiffs have established a 'substantial probability' of prevailing on a claim for punitive damages. The disclosure of the financial condition is limited to Plaintiffs' attorney only. "Even if discovery is ordere...

Excerpt: ...by the statute of limitations at CCP § 340.5 and plaintiff has not plead around the bar. The Court intends to Deny leave to amend unless plaintiffs can demonstrate how she can amend. Discussion: Demurrer is only appropriate where the grounds for objection appear on the face of the complaint or from any matter of which the court is required to or may take judicial notice. CCP § 430.30(a). For the purpose of a demurrer, the court must treat all p...

Excerpt: ...Grant Defendant's motion to set aside default and default judgment. The Court intends to order the Defendant to file and serve his answer. Discussion: CCP Section 473.5: When service of a summons has not resulted in actual notice to a party in time to defend the action and a default or default judgment has been entered against him or her in the action, he or she may serve and file a notice of motion to set aside the default or default judgmen...

Excerpt: ..." to accept the court's explanation for its ruling. (Murray dec., ¶ 3). At the hearing, the court "inquired of Mr. Maciejewski if he had any evidence or could make any other allegations that would provide the Court with a reason to give him leave to amend. [], he admitted he could not." (Murray dec., ¶ 6). Leave to amend was denied on 8/31/17. It appears that plaintiffs' law firm gave the file to another attorney, Sheri Kane...

Excerpt: ...t intend to Deny the motion for summary judgment. The Court intends to Deny summary adjudication of issue (1) "There is no triable issue of material fact on the 1 st or 2 nd causes of action of plaintiff's complaint for premises liability and negligence, as plaintiff's exclusive remedy is recovery through the workers' compensation scheme pursuant to Labor Code section 3602." In undisputed material facts nos. 3‐8, movant MGR ...

Excerpt: ...: Motion to Set Aside Default, 01/12/2018 stolo The Court intends to Grant the motion to set aside the default. There are no "gotchas" and no cheap judgments. Plaintiff indeed filed the request for default at the first moment after the 30 days ran ‐‐ the 1 st court day after Christmas. This all but tripping over the threshold to enter such a default, while allowed by the code is unssemly. 1. Landscape: CCP 473(b) provides a court is e...

Excerpt: ... intends to Deny the motion for leave to file a second amended complaint. The proof of service attached to the motion has not been signed. Regardless, the motion was not timely filed and/or served. CCP § 1005(b). In order to be timely, the motion had to be filed by 1‐18‐18 and mail served by 1‐13‐18. The motion was filed late on 1‐25‐18 and mail served late on 1‐20‐18. Further, the moving papers do not comply with California Rule...

Excerpt: .../05/2018 stolo The Court intends to rule as follows: Compel as to 5, 8, 18, 19, 20, 26, 31, 32, 33. As a general matter, Plaintiff must produce documents even if he believes that Ralphs or its insurance carrier has the documents (5, 18). Defendant is entitled to notes, memoranda regarding the incident (8), correspondence that Plaintiff had with Defendant's representatives (31), correspondence that Plaintiff had with the manufacturer of the ce...

Excerpt: ...r, 01/09/2018 stolo The Court intends to Deny the Motion. CCP §916. The Motion necessarily embraces and would be affected by Plaintiff's appeal from the Court's 1/11/18 Orders. Under section 916 the trial court is divested of subject matter jurisdiction over any matter embraced in or affected by the appeal during the pendency of that appeal. The effect of the appeal is to remove the subject matter of the order from the jurisdiction of th...

Excerpt: ...ts requested by Defendant Melgar, Nos 1 – 3, 7‐11. The Court intends to: 1. SUSTAIN, with leave to amend, Defendant's demurrer to the 2d Cause of Action: Violation of California High Mortgage Law. Plaintiff pleads that the kumquat property was rented to a tenant, taking the property out of the definition of "covered property" for purposes of this law. 2. In all other respects, the demurrer is overruled. CCP § 430.10 (e), (f). ...

Excerpt: ...hiring and supervision because the plaintiff has alleged insufficient facts. While Plaintiff alleges that Moving Party was negligent in hiring Defendant Aguilar, Plaintiff does not allege that Aguilar was working at the time he hit Plaintiff or that driving a truck is part of his job. Plaintiff's counsel to clean up the typographical errors, that includes sticking in the names of entities that are not parties to this action. 2nd amended compl...

Excerpt: .../2017 stolo The Court intends to Deny Respondents Scott and Hillary Lipsig's petition to vacate the January 19, 2017 Arbitration Award, on the ground that the request to vacate the Award is time‐barred because it was (i) not filed within 100 days of service of the Award on Respondents (see Code of Civil Procedure §1288); and (ii) not filed within 10 days of Petitioner K.O. Remodeling, Inc.'s service on Respondents of its petition to co...

Excerpt: ...e motion was not timely mail served per CCP § 1005(b), the Court intends to consider the motion on it's merits as a timely opposition and reply have been filed/served. The Court intends to Deny Defendants' motion to compel further responses to depositions. CCP § 2025.480. The Court intends to Grant Plaintiffs' request for sanctions. CCP § 2025.480(j). The Court intends to award sanctions against defense counsel Jennie Hendrickson i...