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: ...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...