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...