Excerpt: ...' demurrers and motion to strike Defendant Habeeb Syed's demurrer for uncertainty to the third cause of action is sustained, with leave to amend, on the basis that it is unclear whether this cause of action is asserted against this defendant. Defendants' demurrers to the second cause of action (violation of Corporations Code section 309) on the ground of failure to state a claim of negligence is sustained with leave to amend to allow Plaintiffs t...

Excerpt: ... October 9, 2020 on Demurrer to Petition for Writ of Mandate The court grants both parties' requests for judicial notice.. The court sustain, without leave to amend, Respondent County of Ventura's demurrer on grounds that this matter is barred by the doctrine of res judicata. (Benasra v. Mitchel Silberberg & Knupp (2002) 96 Cla.App.4th 96.) Petitioner raised the same facts and claims alleged here in a prior action, which the court dismissed witho...

Excerpt: ... stolo Tentative ruling for October 5, 2020 on MSJ/MSA brought by Lance Marsh dba Gold Coast Property Management/Gold Coast Property Management and Lakeside Village Homeowners Association The court denies moving defendants' motion for summary judgment and summary adjudication. Defendants' sole argument is that any duty they might have owed to Plaintiff is negated by the doctrine of assumption of risk because skateboarding is an inherently hazardo...

Excerpt: .../04/2020 stolo Tentative ruling for august 24, 2020 on Cross‐Defendants Meiners Oaks Water District's and Mike Hollebrands' Motion for Summary Adjudication on Cross‐ Complainant Susan Moll's Second Amended Cross‐ Complaint Evidentiary Issues The Court overrules Cross‐Complainant Susan Moll's evidentiary objection to Exh. D to the original declaration of Mike Hollebrands. The Court sustains Cross‐Defendants Meiners Oaks Water District's ...

Excerpt: ...20 on Defendant State Farm Mutual Automobile Insurance Company's Demurrer to Plaintiff Juliet Rivas' First Amended Complaint The court sustains, with leave to amend, Defendant State Farm Mutual Automobile Insurance Company's ("State Farm") demurrer for uncertainty to the first cause of action for breach of contract in Plaintiff Juliet Rivas' First Amended Complaint, on the grounds that the first cause of action is uncertain in that Plaintiff fail...

Excerpt: ...August 13, 2020 on Plaintiff Vanoni AG Construction, Inc.'s motion for terminating sanctions, or alternatively, issue or evidentiary sanctions, and monetary sanctions against defendants Jolene Papanicolaou and Constatine Papanicolaou. Defendants have apparently provided the interrogatories ordered by this court's 3/13/20, albeit very untimely. Under the circumstances, terminating and/or issue sanctions are not warranted. Nonetheless, their conduc...

Excerpt: ...ederick and Timothy Athens) motion for monetary sanctions The court orders sanctions, jointly and severally, against Michael Connette and Plaintiff/Cross‐defendant TriCoast Builders, Inc. pursuant to CCP §128.5. The record is clear that Judge Kellegrew gave the parties until April 3, 2020 to execute a written agreement memorializing the MSC settlement arrived at on February 3, 2020. The record is clear that the parties to the settlement agreem...

Excerpt: ...endant Sabrina Page's Motion to Set Aside Default and to Quash Plaintiff Jesus Galvan's Service of Summons The court grants Defendant Sabrina Page's request for an order vacating the December 13, 2019 entry of her default, on the ground that Plaintiff Jesus Galvan fails to demonstrate by a preponderance of the evidence that the 698 Kirk Avenue address at which substitute service was attempted on Defendant Page was a valid service address at the t...

Excerpt: ...ke, 01/06/2020 stolo Tentative ruling for March 11, 2020 on Defendants' Special Motion to Strike the Third and Fifth Causes of Action From Plaintiff's First Amended Complaint Both parties' requests for judicial notice are granted The court grants Defendants' Special Motion to Strike the third and fifth causes of action from Plaintiff's first amended complaint (FAC)). The court finds Defendants' writ petition including any attachments thereto (fil...

Excerpt: ...ts' Demurrer to the First Amended Complaint The court overrules Defendants' argument on demurrer that Plaintiff has not exhausted his administrative or judicial remedies. Plaintiff appears to have prevailed at his Civil Service Commission hearing ("CSC decision) which, in turn, appears to have led Defendants to seek writ relief (56‐2019‐532471). Defendants point out that the court of appeal in Page v. Los Angeles Probation Department notes th...

Excerpt: ...unt Clef's Demurrer and Motion to Strike Demurrer Third cause of action for breach of warranty of habitability (CC 1942.4) The court SUSTAINS, WITH LEAVE TO AMEND, the demurrer to the third cause of action. The complaint does not include allegations that a public officer inspected the subject property, or Plaintiffs' specific unit, and issued citations against Defendant. There are no facts stating that Defendant was notified by a public agency th...

Excerpt: ...14, 2020 on Defendant Lanatana Associates, LLC's (1) Demurrer to the Third Amended Complaint; and (2) Motion to Strike Portions of the Second Amended Complaint Defendant Lantana Associates, LLC's Demurrer to the Third Amended Complaint (TAC) The court sustains the demurrer as to the second cause of action for breach of implied warranty of habitability, without leave to amend, because the TAC still fails to allege the third prong outlined in Queve...

Excerpt: ..., 2020 on Cross‐Defendants/Cross‐Complainants TriCoast Builders' and Michael Connette's Motion to Quash Deposition Subpoena The court grants Cross‐Defendants/Cross‐ Complainants TriCoast Builders' and Michael Connette's request for an order quashing the December 2, 2019 subpoena for production of business records served by Defendants/Cross‐Complainants Kelly Frederick and Timothy Athens on third party Paychex, Inc. The Court Corrects it...

Excerpt: ...2019 Defendant Vere and Anderson's Motion to Strike Costs The Court intends denies Defendant Vere and Anderson's Motion to Strike. The fact that Plaintiffs' Memo of Costs was served on Defendants' old office address, while sloppy and improper, did not prevent Defendants from filing a timely response. Defendant Vere and Anderson's Motion to Tax Costs The Court grants, in part, Defendant Vere and Anderson's Motion to Tax Cos...

Excerpt: ...rvar's Demurrer to Plaintiffs Tommy and Natalie Costabile's Second Amended Complaint The court grantsPlaintiffs Tommy and Natalie Costabile's request for judicial notice in its entirety. The court overrules Defendant Nader Zatparvar's general demurrer to the sole cause of action for wrongful retention of security deposit in Plaintiffs Tommy and Natalie Costabile's Second Amended Complaint (SAC). Defendant Zatparvar's main ...

Excerpt: ...ion to Compel, 08/01/2019 stolo Tentative ruling for September 9, 2019 on Defendant Gary Oppenheimer's motion to compel plaintiff Elizabeth Donen's further responses to requests for production and for sanctions If the parties can't reach an agreement on a stipulation: The court denies Defendant Gary Oppenheimer's motion to compel plaintiff Elizabeth Donen's further responses to requests for production and for sanctions as to R...

Excerpt: ...n Plaintiffs/Cross‐defendants' demurrer to cross‐complaint The court overrules Cross‐Defendants Andrew and Elizabeth Donens' (Donens) demurrer to the first cause of action (breach of contract) in the Cross‐complaint of Gary and Fran Oppenheimer (Oppenheimers). Cross‐complainants have adequately alleged all ultimate facts required of a breach of contract action. The additional evidentiary facts sought by cross‐defendants are no...

Excerpt: ...oorpark Unified School District The Brown Act. The court sustains, with leave to amend, the demurrer of Defendant Moorpark Unified School District ("District") to Plaintiff's first cause of action for violation of the Brown Act, on the sole ground of failure to verify the allegations. (CCP1086.) It is overruled as to the other grounds raised. Plaintiff alleges that – as a private citizen – she spoke out against the closure of the ...

Excerpt: ...fendants David and April Horowitz's Motion to Strike Defendants/Cross‐ Complainants Dennis Paul Aubery's, April Eaton Aubery's, and Vivaldi Holdings, Inc.'s Cross‐Complaint, or Alternatively, to Sever the Cross‐Complaint and Stay Proceedings Against Cross‐Defendants The Horowitz Defendants' Request for an Order Striking the Broker Defendants' Cross‐Complaint Defendants/Cross‐Defendants David and April Horowitz ...

Excerpt: ...019 stolo Tentative ruling for August 12, 2019 on Defendant Christina Matts, M.D.'s Motion for Summary Judgment on Plaintiff Eugene Rumsey's Complaint The court finds, for the purposes of this motion only, that Defendant Christina Matts, M.D.'s Material Facts Nos. 1‐15 are supported by the cited‐to evidence and established. The court grants Dr. Matts' request for summary judgment on the sole cause of action for medical neglige...

Excerpt: ...fendants Jesus and Gladys Dominguez's demurrer to complaint and motion to strike portions of complaint The court sustains, with leave to amend, Defendants Jesus and Gladys Dominguez's demurrer to the 3 rd (IIED) and 5 th (Civ. Code 1942.4) causes of action. Plaintiffs have not pled specific facts to support either cause of action. Plaintiffs' generic allegations are insufficient. (See Stoiber v. Honeychuck (1980) 101 Cal.App.3d 903, 9...

Excerpt: ...n for Summary Judgment, 05/17/2019 stolo Tentative ruling for August 5, 2019 on Defendant The Regents of the University of California's Motion for Summary Judgment on Plaintiff Eugene Rumsey's Complaint The court finds, for the purposes of this motion only, that Defendant The Regents of the University of California's ("the Regents") Material Facts Nos. 1‐30 are supported by the cited‐to evidence and established. The court ...

Excerpt: ...on to strike pursuant to CCP §425.16. The court grants Marjorie Joan Diehl's special motion to strike pursuant to CCP §425.16 as to the 5 th, 6 th, 7 th and 9 th causes of action. The court awards moving party $6,978 in fees and costs pursuant to CCP §425.16(c)(1). Diehl has established that each of the causes of action at issue arises out of conduct protected under CCP §425.16(e)(1) or (2). As such, the burden shifted to Wood to demonstr...

Excerpt: ...or July 22, 2019 on Plaintiff's MSA as to the first cause of action and as to Defendant's 9 th and 24th affirmative defenses Evidentiary Issues Plaintiff's Undisputed Material Facts Preliminary Note: Plaintiff defined "Meal Period Policy" as the writing contained in UMF 2. Defendant disputes that UMF 2 is the totality of its meal period policy, and the court agrees that there is a triable issue of fact on that point. However, ...

Excerpt: ...17, 2019 Defendants Westlake Village Property, L.P. ("Westlake LP"), Mid‐ Wilshire Property, L.P. ("Mid‐Wilshire LP"), Westlake Healthcare Center ("Westlake Corp."), Il Hie Lee, and Jeoung Lees' Motion for Attorney Fees The court directed Defendants to file supplemental documentation concerning the need to apportion out the attorney fees incurred with respect to the 14th cause of action (COA), upon which moving def...