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: ...tive ruling for December 18, 2019 on All Valley Escrow, Inc. and Brian Troop's motion for attorney fees. The court denies Defendants' motion for attorney fees with respect to defendant Brian Troop, and continues the matter for further briefing with respect to Defendant All Valley Escrow, Inc. Defendants seek attorney fees based upon a contractual provision and Civil Code §1717. Plaintiff asserted a breach of contract claim against All Valley Esc...

Excerpt: ...er, 10/16/2019 stolo Defendant Westlake Health Care Center's Motion for Restitution The court denies Westlake Health Care Center's ("WHC") motion for restitution. The Court of Appeal affirmed this court's decision and as such, the law of this case is that WHC's lease contained a subordination clause that rendered the lease subordinate to the foreclosure deed of trust. Dr. Leevil, LLC v. Westlake Health Care Center, (2017) 9 Cal. App. 5 th 450, 45...

Excerpt: ...tion to Transfer, 11/04/2019 stolo Tentative ruling for December 4, 2019 on Defendant OC Re‐Hab 1, LLC's Motion to Transfer Venue to Orange County, and to impose sanctions on counsel for Plaintiff Forde Biological Consultants The Court grants all requests for judicial notice. Procedural Issues Defendant OC Re‐Hab 1, LLC's ("OCR") argument that Plaintiff Forde Biological Consultants ("FBC") failed to submit any evidence in support of Plaintiff...

Excerpt: ...Demurrer and Motion to Strike Defendant Osep E. Armagan's demurrer for uncertainty is OVERRULED. There are no uncertainties in the First Amended Complaint that cannot be clarified through modern discovery procedures. (Khoury v. Maly's of California, Inc. (1993) 14 Cal.App.4th 612, 616.) Although the notice of demurrer indicates that the demurrer is directed at all causes of action in the FAC, the demurrer itself lists only the second cause of act...

Excerpt: ...vember 13, 2019 on Plaintiffs/Judgment Creditors JDP 21 California, LLC, EC 101 Chestnut, LLC and California Gusher No. 83, LLC's Motion to Amend Judgment Plaintiffs/Judgment Creditors JDP 21 California, LLC, EC 101 Chestnut, LLC and California Gusher No. 83, LLC's Motion to Amend Judgment is GRANTED. For good cause shown, relief is proper per CCP § 187. There are numerous factors which may support a finding of unity of interest and ownership. I...

Excerpt: ...November 13, 2019 on Defendant Ventura Unified School District's demurrer and motion to strike first amended complaint The court sustains Defendant Ventura Unified School District's demurrer to the 6th cause of action in the first amended complaint (FAC) without leave to amend based upon plaintiffs' notice of non‐opposition. The court grants Defendant's motion to strike in part and denies the motion to strike in part. The uncontested portion of...

Excerpt: ...g for October 7, 2019 on Defendant Lantana Associates, LLC's (1) Demurrer to the Second Amended Complaint; and (2) Motion to Strike Portions of the Second Amended Complaint Defendant Lanatana Associates, LLC's Demurrer to the Second Amended Complaint (SAC) Sustain the demurrer as to Plaintiffs Onesimo Cruz, William Cruz, Melany Cruz, Abraham Cruz and Maria Casilla's first cause of action for breach of contract, which fails to allege f...

Excerpt: ...ber 7, 2019 on Defendant's Motion for Summary Adjudication The court denies Defendant's Motion for Summary Adjudication. All evidentiary objections filed by both sides are denied. For purposes of this motion only: UMF Nos. 2‐9, 11‐21, 25‐27, 35‐39, 42‐46, 48‐52, and 54 are undisputed and established. UMF No. 1 is disputed and established. UMF Nos. 10, 22‐24, 28‐34, 40, 41, 47, and 53 are disputed and not established. "...

Excerpt: ...stolo Tentative ruling for October 4, 2019 on Defendant Conejo Valley Unified School District's Motion for Summary Judgment or Summary Adjudication The court denies Defendant Conejo Valley Unified School District's Motion for Summary Judgment. The court grants, in part, Defendant Conejo Valley Unified School District's Motion for Summary Adjudication. Plaintiff's misleadingly labeled first cause of action confusingly combines alle...

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: ...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: ...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: ...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...

Excerpt: ...f's hand was caught in a shrink‐ wrap machine. She and fellow employees subsequently had difficulty locating the emergency shut‐off button. Plaintiff brought causes of action for: 1. General Negligence; 2. Strict Products Liability; 3. Negligent Products Liability; 4. Breach of Implied Warranty of Merchantability; 5. Fraudulent Concealment; and 6. Battery. On December 20, 2018, this court approved a good faith settlement between Plaintiff and...

Excerpt: ...on for Judgment on the Pleadings, 06/11/2019 stolo Tentative ruling for July 16, 2019 on Defendants/cross‐complainants George Synan and Dwight Synan's motion for judgment on the pleadings and to dismiss The court grants moving party Defendants/cross‐complainants George Synan and Dwight Synan's request for judicial notice. The court denies the Synans' motion for judgment on the pleadings. Although not at all clear from the motion, ...

Excerpt: ...Plastics, Inc. The court overrules the demurrer brought by defendant B&S Plastics, Inc. Defendant asserts Plaintiff has not alleged a disability that is actionable under FEHA given that her hand injury was transitory and pain alone is not sufficient to support a FEHA recognized disability. The authorities that Defendants cites for this point, including Arteaga v. Brinks, Inc. (2008) 163 Cal. App. 4 th 327, are cases resolved on summary judgment, ...

Excerpt: ...arol Voita's, and Mary Herrero's Demurrer to Plaintiff John Paul Voita's Fourth Amended Complaint The court denies Plaintiff John Paul Voita's request for judicial notice, on the ground that Plaintiff cannot use a request for judicial notice to cure pleading deficiencies in his Fourth Amended Complaint. First Cause of Action for Fraud The court sustains, without leave to amend, Defendants May Herrero's ("Mary") and Sun...

Excerpt: ...23/2019 stolo Tentative ruling for June 24, 2019 on Defendant Nader Zatparvar's Demurrer to Plaintiffs Tommy and Natalie Costabile's First Amended Complaint The court sustains, with leave to amend, 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 First Amended Complaint. Plaintiffs' "wrongful retention of security...

Excerpt: ...ion by Defendant James Hawse with joinder by Defendant Joseph Cassella Plaintiff Williams' request for judicial notice of the file and records in this case is granted. Evid. Code §452. The court denies the anti‐SLAPP motion brought by Defendant James Hawse with joinder by Defendant Joseph Cassella . The recording of an abstract of judgment is protected activity under the first prong of the anti‐ SLAPP analysis. O'Neil‐Rosales v. Ci...

Excerpt: ...o Tentative ruling for June 17, 2019 on Demurrer by Pamela Williams to the third and fourth causes of action in the second amended complaint The court overrules the demurrer of Pamela Williams to the third and fourth causes of action in the Second Amended Complaint. Plaintiff alleges that by the terms of the marital settlement agreement with Pamela Williams, Ms. Williams agreed to hold Plaintiff harmless for any liens attached to the Moorpark pro...

Excerpt: ...D: Motion ‐ Other, 04/10/2019 stolo Tentative ruling for June 12, 2019 on Defendant Michael Voight's Motion to Enforce Settlement Agreement The court grants Defendant Michael Voight's request for an order enforcing his settlement agreement with Plaintiffs Daniel and Joyce Geeting pursuant to Code of Civil Procedure §664.6. The court orders judgment in favor of Defendant Voight and against Plaintiffs in the principal amount of $15,000, ...

Excerpt: ...4, 2019 on 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 Attorneys Fees The court intends to continue this matter for moving defendants to provide evidence and argument as to the portion of their requested fees is attributable to the defense of the 14th cause of acti...

Excerpt: ...ey Rudin's Motion to Compel Deposition of Defendant Jaguar Land Rover North America LLC's "Person Most Knowledgeable" and Production of Documents at Deposition The court grants, in part, Plaintiff Jeffrey Rudin's request for an order compelling the deposition of Defendant Jaguar Land Rover North America LLC's ("Jaguar") "person most knowledgeable" ("PMK") and production of documents at deposition. T...

Excerpt: ...9 stolo Tentative ruling for May 20, 2019 on Plaintiff Philip Matute and plaintiff Rowena Matute's motions for reconsideration of order/judgment deeming plaintiffs vexatious litigants The court denies Plaintiff Philip Matute and plaintiff Rowena Matute's motions for reconsideration of order/judgment deeming plaintiffs vexatious litigants. Initially the court notes that the motions are not accompanied by the required proof of service. As t...

Excerpt: ...019 stolo Tentative ruling for May 10, 2019 The court denies Defendant's request for an order precluding Plaintiffs' second motion for summary adjudication. The new motion is premised on the alleged facial illegality of Defendant's meal and rest policy. This legal theory – recognized by Brinker Restaurant Corp. v. Superior Court (2012) 53 Cal.4th 1004, 1033 and its progeny – distinguishes the second motion from Plaintiff's fir...

Excerpt: ...on Defendants Southern California Permanete Medical Group and the Permanete Medical Group, Inc.'s Demurrer to Plaintiff's First Amended Complaint The Court grants Defendants Southern California Permanete Medical Group and the Permanete Medical Group, Inc.'s Request for Judicial Notice. Evidence Code § 452(h). Judicial Notice is taken of Defendants' Exhibit A. The court sustains Defendants Southern California Permanete Medical Gro...

Excerpt: ...ants Roth Staffing Companies, L.P.'s and Laurie Ritchie's Motion to Compel Arbitration of Plaintiff John Mora's Claims, and to Dismiss or Stay this Action The court grants Defendants Roth Staffing Companies, L.P.'s ("United Staffing") and Laurie Ritchie's request for an order compelling binding arbitration of all of Plaintiff John Mora's claims in this action pursuant to the Arbitration Agreement between Plaintiff ...

Excerpt: ...ucts, Inc.'s, Eliza Keyzer's, Carol Voita's, and Mary Herrero's Demurrer to Plaintiff John Paul Voita's Third Amended Complaint The court denies Plaintiff John Paul Voita's request for judicial notice on the grounds that it is late and Plaintiff cannot use a belated request for judicial notice to cure pleading deficiencies in his Third Amended Complaint, as Defendants are entitled to have the facts against them properly se...

Excerpt: ... for Summary Judgment and/or Adjudication, 11/28/2018 stolo Tentative ruling for April 22, 2019 on Defendants Gulf Offshore Logistics, LLC and JNB Operating, LLC's motion for summary judgment, or in the alternative, summary adjudication. Evidentiary Issues Plaintiffs' evidentiary objections 17, 28, 30, 32, 33, 36, 40, 47, 48, 54, 60, 61, 63, 66 and 67 are sustained. The remainder of plaintiffs' evidentiary objections are overruled. Al...

Excerpt: ...pril 18, 2019 The court overrules Defendant's evidentiary objection to the motion's reference to exhibits attached to the complaint. The complaint was verified by Randall Novak, president of Plaintiff. It does not matter that he was not present at the events described in the exhibits or that he was not a recipient of those documents. The court overrules Defendant's objection to declarations of Pies and Kennedy, and will also consider ...

Excerpt: ...r, 02/11/2019 stolo Tentative ruling for April 15, 2019 on Defendant Covenant Care California, LLC dba Shoreline Care Center's: (1) Demurrer to Second Amended Complaint; & (2) Motion to Strike portions of SAC The Court notes the Opposition to the Demurrer failed to include a table of contents, and that both Oppositions were filed and served on counsel several days late; however the Court will consider them in light of Defendant's substant...

Excerpt: ...39;s Demurrer to the First Amended Complaint The Court grants the unopposed request for judicial notice of the Plaintiff's Claim for Damages or Injury dated December 27, 2017, served upon the County, and filed as Exhibit 2 to the initial Complaint. The Court sustains, without leave to amend, the County's demurrer to the second cause of action in the First a Amended Complaint for IIED on the ground that there is no valid statutory ground a...

Excerpt: ...39;s demurrer to second amended complaint The court sustains, without leave to amend, Defendant Wells Fargo Bank's demurrer to the second cause of action (negligence) in the second amended complaint. In general, financial institutions owe no duty of care to a borrower when the institution's involvement in the loan transaction does not exceed the scope of its conventional role as a lender of money. Plaintiff has not alleged facts that woul...

Excerpt: ... Motors LLC's Demurrer to the Second Amended Complaint is OVERRULED. CCP § 430.10(e) and (f). The demurrer on the uncertainty ground is OVERRULED, as the Second Amended Complaint is not so poorly drafted Defendant GM cannot reasonably respond. See Khoury v. Maly's of Calif. (1993) 14 Cal.App.4th 612, 616. Demurrers for uncertainty are disfavored. "Demurrer for uncertainty will be sustained only where the complaint is so bad that the ...

Excerpt: ..., 02/26/2019 stolo Tentative ruling for March 12, 2019 on Cross‐complainant Dwight Teske's motion to compel further responses from Ultimate Franchises, Inc. to form interrogatories, set two The court rules as follows on Cross‐complainant Dwight Teske's motion to compel further responses from Ultimate Franchises, Inc. to form interrogatories, set two. Form Interrogatory 15.1: GRANT. In support of some of the material denials, UFI state...

Excerpt: ...2019 stolo Tentative ruling for March 8, 2019 on Defendant Andrew Larson dba HCR Beverly Hills' 1) Anti‐SLAPP motion and 2) Motion to Transfer to LA County The Court grants Plaintiffs' unopposed requests for judicial notice. The Court overrules Plaintiffs' objection to the Motion to Transfer and reaches the merits. Defendant's Motion to Transfer to Los Angeles County is denied. Because no defendant resides in the state, Plaintif...

Excerpt: ...1/2018 stolo Tentative ruling for March 6, 2019 on Defendant Call Me Van Line, Inc.'s Motion for Summary Judgment or Summary Adjudication on Plaintiff Wayne Singleton's First Amended Complaint A. Threshold Procedural Issues Defendant Call Me's "Reply" Evidence: The Court disregards Defendant Call Me Van Line, Inc.'s ("Call Me") "reply" evidence, with the single exception of ¶5 of Defendant's counsel Zi...

Excerpt: ...n Defendants' motion to compel arbitration and to stay proceedings The Court grants Defendants' motion to compel arbitration and to stay proceedings. The FAA applies to this arbitration agreement. Defendants met their burden of proving the existence of a valid arbitration agreement covering the claims alleged in the complaint. The claims against the individual and Trust Defendants are sufficiently bound up and intertwined with the underly...

Excerpt: ...stolo Tentative ruling for March 1, 2019 on Plaintiff's Motion to Compel Enforcement of Subpoena for Business Records The Court grants Plaintiff's Motion to Compel Enforcement of Subpoena for Business Records. striking Defendant's objections to the subpoenas. because Defendants have not adequately justified their objections. However, the parties are encouraged to either narrow the scope of the subpoenas or enter into a protective orde...

Excerpt: ... stolo Tentative ruling for February 26, 2019 on Defendant Carina Vasquez's demurrer to cross‐complaint of St. Charles Imagining Center The court overrules Defendant Carina Vasquez's demurrer to cross‐complaint of St. Charles Imagining Center and orders Carina Vasquez to file an answer within 10 days. Demurrer is only appropriate where the grounds for objection appear on the face of the complaint or from any matter of which the court ...

Excerpt: ...ther, 01/31/2019 stolo Tentative ruling for February 27, 2019 The court rules as follows on Cross‐complainant Dwight Teske's motion to compel further responses from William Scott Griffiths to form interrogatories, set two. Form Interrogatory 15.1: GRANT. With regard to the facts supporting the denials, Teske takes issue with only one portion of the supplemental response: in support of some of the material denials, Griffiths states "[doc...

Excerpt: ...r by State of California acting through CHP The court sustains, with leave to amend, the demurrer of the State of California acting by and through the California Highway Patrol and Officer S. Allen. The court judicially notices the complaint Plaintiffs filed in this court (Valadez v. Sails Group, Inc. (56‐2018‐514390) and the allegations therein that Andres Rodriguez (the decedent) "escaped" from a group home for developmentally disab...

Excerpt: ...endants 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 Judgment on the Pleadings The court grants the requests of both parties to judicially notice the Ventura and Orange County Court records submitted with the motion and opposition. (Evid. Code §452(d).) The court grants Defend...

Excerpt: ...ing for February 22, 2019 on Defendants FBK Associates, LLC and FBK Associates' motion to quash service of summons The court grants Defendants FBK Associates, LLC and FBK Associates' motion to quash service of summons. Plaintiff failed to demonstrate by a preponderance of admissible evidence that the corporate defendants have the necessary minimum contacts with California to support specific jurisdiction. Any prior negotiations on behalf ...

Excerpt: ...y issues only, on Defendants Ventura County Sheriff's Office's and the County of Ventura's Motion for Summary Judgment or Summary Adjudication of Plaintiffs Donald Aguilar's and Melissa Smith's Complaint The Court notes that for the purposes of this Tentative Ruling only and for ease of reference, all references to the ranks of individuals in the Ventura County Sheriff's Office ("VCSO") are to the ranks held at the...

Excerpt: ...9 ON DEMURRER & MOTION TO STRIKE BY DEFENDANTs BDG & GILBERT TO SECOND AMENDED COMPLAINT The court grants Defendants' request for judicial notice of the Court's file. The Court sustains, without leave to amend, the demurrer of Defendants BDG and Gilbert to cause of action 4 (fraud) in the Second Amended complaint on the ground of insufficient facts. The conclusory verbage intended to convert breach of contract to fraud is insufficient. (T...

Excerpt: ...y 11, 2019 ON DEFENDANT INTERINSURANCE EXCHANGE OF THE AUTOMOBILE CLUB'S DEMURRER AND MOTION TO STRIKE The court sustains Defendant Interinsurance Exchange's demurrer to cause of action 2 (breach of covenant of good faith and fair dealing). The law allows the Defendant to seek reimbursement for med pay payments made to Plaintiff after taking into account a pro rata share of the attorney fees that Plaintiff incurred in seeking recovery fro...

Excerpt: ...mela Williams to FAC The court sustains, with leave to amend, Defendant Pamela Williams' demurrer as to the indemnity cause of action in the first amended complaint ("FAC"). Plaintiff has conflated equitable and express indemnification in the title to the cause of action despite the fact that these are two distinct forms or relief. (See Prince v. Pacific Gas & Electric Co. (2009) 45 Cal.4th 1151, 1157.) Then, in the body of the third ...

Excerpt: ... 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 to Compel Further Responses The court notes that only the 14th cause of action for declaratory relief remains. In the prayer to that cause of action, Plaintiff seeks a judicial declaration as to the propriety of the late char...

Excerpt: ...olo Tentative ruling for the January 28, 2019 Hearing on Order to Show Cause Re: Sale of Dwelling The Court vacates its December 12, 2018 Order to Show Cause re: sale of the subject dwelling, on the ground that Plaintiff Pacific Pointe at Park Row Association's ("Association") application for issuance of the OSC failed to fully comply with the requirements of Code of Civil Procedure §704.760, which sets forth the requirements for an ...

Excerpt: .../or Adjudication, 11/13/2018 stolo This case has been assigned to Judge DeNoce for all purposes. The morning calendar before Judge Kevin G. DeNoce will begin at 9 a.m. in courtroom 43. Cases including ex parte matters will not be called prior to 9 a.m. Please check in with the courtroom clerk by no later than 8:45 a.m. If appearing by Court Call, please call in between 8:35 and 8:45 a.m. If you wish to submit on the court's tentative decision...

Excerpt: ... 12/18/2018 stolo Tentative ruling for January 16, 2019 on Defendant Wells Fargo Bank's demurrer and motion to strike The court grants Wells Fargo's request for judicial notice. The court sustains, with leave to amend, Defendant Wells Fargo Bank's demurrer to second cause of action of the First amended Complaint. "Damages" is not a cause of action. The second cause of action contains loose allegations which support neither a n...

Excerpt: ...olo Tentative ruling for January 15, 2018 on Defendants/Cross‐Complainants Kelly Frederick's and Timothy Athens' Motion to Compel Plaintiff/Cross‐Defendant TriCoast Builders, Inc. to Respond to Requests for Production In Notice of Deposition The court denies Defendants/Cross‐ Complainants Kelly Frederick's and Timothy Athens' request for an order compelling Plaintiff/Cross‐ Defendant TriCoast Builders, Inc. to provide a re...

Excerpt: ...ATE FILED: Motion ‐ Other, 08/20/2018 stolo Tentative ruling for September 14, 2018 on Defendant Solomon Aflalo's Motion for Leave to File Cross‐Complaint Recommendation: Deny motion. This case has proceeded to final judgment. Grant plaintiff's request for judicial notice. The Court grants plaintiff's request for judicial notice. Evidence Code §§ 452(d) and (h). Judicial notice is taken of plaintiff's Exhibits A – JJ. Defe...

Excerpt: ...ptember 12, 2018 on Anti‐Slapp motion by Defendant Dr. Voorman Defendant Dr. Voorman's motion to strike pursuant to CCP 425.16 is granted. Defendant is entitled to attorney fees and costs totaling $3095. An Anti‐SLAPP motion poses two questions. First, the court decides whether the defendant has made a threshold showing that the challenged cause of action is one "arising from" protected activity. (§ 425.16, subd. (b)(1).) If the ...

Excerpt: ...ptember 12, 2018 on Anti‐Slapp motion by Defendant Dr. Chronis Defendant Dr. Chronis's motion to strike pursuant to CCP 425.16 is granted. Defendant is entitled to attorney fees and costs totaling $3095. An Anti‐SLAPP motion poses two questions. First, the court decides whether the defendant has made a threshold showing that the challenged cause of action is one "arising from" protected activity. (§ 425.16, subd. (b)(1).) If the ...

Excerpt: .../21/2018 stolo Tentative ruling for September 12, 2018 on Anti‐Slapp motion by Defendant Dr. Cole Defendant Dr. Cole's motion to strike pursuant to CCP 425.16 is granted. An Anti‐SLAPP motion poses two questions. First, the court decides whether the defendant has made a threshold showing that the challenged cause of action is one "arising from" protected activity. (§ 425.16, subd. (b)(1).) If the court finds such a showing has be...

Excerpt: ...ember 10, 2018 on Defendant Mid‐Century Insurance Company's Motion for Summary Judgment on Plaintiff Tricoast Builders, Inc.'s First Amended Complaint Evidentiary Issues Deny Defendant Mid‐Century Insurance Company's ("Mid‐Century") request for judicial notice, on the ground that Defendant Mid‐Century fails to articulate any permissible reason for taking judicial notice of the suspension of Plaintiff Tricoast Builders,...

Excerpt: ...rer by Harrod Trucking Inc., Gary Harrod and Scott Harrod Judicial Notice Requests Defendant requests judicial notice of the company's by‐laws, arguing that Plaintiff has conceded their existence by referencing them in his FAC at ¶13. However, the provision that Defendant relies upon in his demurrer concerning waiver of financial reports (Article VII, Section 2) is not referenced in the FAC. The court declines to take judicial notice of th...

Excerpt: ...otion for Summary Judgment by Defendant James Michael Neary Defendant James Michael Neary's unopposed motion for summary judgment is GRANTED. The court finds, for purposes of this motion, that all of defendant's asserted facts (UMFs) have been established. "[I]n a criminal malpractice action actual innocence is a necessary element of the plaintiff's cause of action." (Wiley v. County of San Diego (1998) 19 Cal.4th 532, 545.) &...

Excerpt: ...st 24, 2018 on Defendant Call Me Van Line, Inc.'s Motion for Reconsideration of the Court's July 27, 2018 Rulings Deny Defendant Call Me Van Line, Inc.'s ("Call Me") request pursuant to Code of Civil Procedure §1008 for reconsideration of the Court's July 27, 2018 discovery rulings, on the ground that Call Me fails to identify any "new or different facts, circumstances, or law" which would justify reconsideration....

Excerpt: ...ames Shaw and Linda Levine's motion for summary judgment. Evidentiary Issues For purposes of this motion only: Proposed UMFs 1, 4‐7, 9‐12 and 20 are undisputed. Proposed UMFs 2, 3, 13‐17 and 19 are disputed but nonetheless established. Proposed UMFs 8 and 18 are disputed but not established by the evidence cited to by defendants. Defendants' evidentiary objections are sustained. To the extent they are offered for the truth of statem...

Excerpt: ...r August 21, 2018 on Defendants' demurrer to fourth amended complaint Grant defendants' unopposed request for judicial notice. Overrule Defendants' demurrer to cause of action 6 (breach of fiduciary duty) in the fourth amended complaint . Defendants' demurrer was limited to the argument that plaintiff had not alleged facts supporting a finding of fiduciary duty. However, the facts alleged will support the application of the trust ...

Excerpt: ..., 2018 on Defendants Evelyn, Laurie, Marie, and Michael Lundin's Motion for Judgment on the Pleadings on Plaintiffs Bodo and Deborah Meschkat's Complaint The court grants Defendants Evelyn, Laurie, Marie, and Michael Lundin's request for judicial notice in its entirety. The court denies Defendants' request for judgment on the pleading on Plaintiffs Bodo and Deborah Meschkat's Complaint. First, Defendants' argument that the...

Excerpt: ...2018 stolo Tentative ruling for August 15, 2018 on Defendants Kevin and Mary Cox's Motion for Sanctions Pursuant to Code of Civil Procedure §128.7 against Plaintiff Ronald and his Attorney of Record Matt Bromund Deny Defendants Kevin and Mary Cox's request for an award of sanctions pursuant to Code of Civil Procedure §128.7 against Plaintiff Ronald Otto and his attorney of record. First, the motion fails to make clear what specific plea...

Excerpt: ...fendant's motion to strike prayer for punitive damages The court DENIES Defendant's motion to strike the prayer for punitive damages from the complaint. Plaintiff has alleged facts that, if proven at trial, would constitute malice under Civil Code §3294(c)(1). While defendant may dispute those facts, a motion to strike is not the proper place to do so. See CCP §437. The grounds for a motion to strike must appear on the face of the plead...

Excerpt: ... The court DENIES Defendants' Motion for Summary Judgment Evidentiary Issues Defendants' evidentiary objections to the declarations of Ronald Ablott and Nicole Naleway, and Exhibit E to the opposition, are overruled, with one exception. Objection 7 to the Ablott declaration is sustained on hearsay grounds to the extent the double hearsay of "Laura" is offered for the truth of the matter. (Brantley v. Pisaro (1996) 42 Cal.App.4th 1...

Excerpt: ...; Motion to Dismiss for Lack of Subject Matter Jurisdiction The court DENIES Defendants Systems Application & Technologies, Inc. and Cardinal Point Captains, Inc.'s Motion to Dismiss for Lack of Subject Matter Jurisdiction. Evidentiary Issues Plaintiffs' request for judicial notice is GRANTED IN PART. Evidence Code § 452(d). Judicial notice is taken of Judge Real's order granting plaintiff's motion to remand, defendant's moti...

Excerpt: ... on Defendant California FAIR Plan Association's Motion for Summary Judgment, or in the alternative Summary Adjudication Evidentiary Issues The Court grants Defendant California FAIR Plan Association's unopposed request for judicial notice of the underlying Complaint. Evid. Code §452. The Court overrules Defendant's evidentiary objections to the declaration of Plaintiffs' counsel David A. Shaneyfelt on procedural and substantive ...

Excerpt: ...Compel, 07/10/2018 stolo Tentative ruling for August 9, 2018 on Defendant's motion to compel inspection of vehicle The court GRANTS Defendant's motion to compel inspection of vehicle. Plaintiff did not object to the vehicle inspection notice and there is no legal basis for the conditions sought by Plaintiff. Plaintiffs' counsel and/or expert may be present when the inspection is conducted, but may not interfere with the inspection, in...

Excerpt: ...e ruling for July 26, 2018 on Plaintiff Leisure Village Association, Inc.'s Motion for an Award of Attorney's Fees and Defendant Robert J. Kulick's Motion to Stay The court denies Defendant Robert J. Kulick's request for a stay of the hearing on this motion, on the ground that Defendant fails to demonstrate any legal basis for such a stay. The court denies Plaintiff Leisure Village Association, Inc.'s request for an award of a...

Excerpt: ..., 2018 ON MOTION BY CROSS‐DEFENDANTS PRINCIPE & WESTOAKS COMMERCIAL GROUP, INC. FOR ATTORNEY FEES The court grants moving parties' request for judicial notice The court finds that Principe & Westoaks Commercial Group, Inc are entitled to their fees as the prevailing "broker" with regard to the trial of the first amended cross‐complaint. See paragraph 31 of the retail lease agreement. Unless the moving parties are willing to accept...

Excerpt: ... DEFENDANTS LAW OFFICES OF ROBERT M. BASKIN & ARTHUR LIBERTY TO COMPLAINT Grant Defendants' requests for judicial notice The Court sustains, with leave to amend, the demurrer to cause of action one (breach of fiduciary duty) for insufficient facts regarding the running of the statute of limitations. The one year/four year statute of limitations under CCP 340.6 is a cut and dry statute of limitations. (See CCP 340.6 and Prakashpalan v. Engstro...

Excerpt: ...ED: stolo Tentative ruling for July 25, 2018 on petition for writ of mandate Grant County's request for judicial notice. DENY petition for writ of mandate The 1955 subdivision did not fall within the exception of Ordinance 551, § 8211.113, and, therefore, was improper because no map was submitted for approval. Subdivisions are divisions of land for the purpose of sale, lease, or financing. Gov.Code § 66424. The exception at § 8211.113 cove...

Excerpt: ... 24, 2018 on Plaintiff's Motion to Amend Judgment Plaintiff Modern Adjustment Bureau's Motion to Amend Judgment is GRANTED IN PART. CCP § 187. For good cause shown, the judgment is amended to add "Kerie Berkowitz" to the judgment as an alternative name for Defendant/Judgment Debtor Kerie Schwartz. However, there is insufficient support to add the names "Kerie Schultz" and/or "Kerie Schwarts" to the judgment. The C...

Excerpt: .../2018 stolo Tentative ruling for July 24, 2018 on Demurrer by Defendants Kelly‐ Marie Jones ("Jones") and Cumulus Media, Inc. ("Cumulus") (collectively, "Defendants") to the First Amended Complaint ("FAC") by Plaintiffs Robb Martin Friedman ("Mr. Friedman"), Nikki Lynn Friedman ("Ms. Friedman"), and Tumbleweed Advertising, Inc. ("Tumbleweed") (collectively, "Plaintiffs") The court ...

Excerpt: ...can Medical Response of California's and Gold Coast Ambulance Service's Motion for Summary Judgment against Plaintiffs Mary Mascorro (a/k/a Mary Pulido), Gonzalo Pulido Sustain Plaintiffs Mary Mascorro's and Gonzalo Pulido's evidentiary objections as to (a) Defendants' Exhibits F and G; and (b) the declaration of Daren Whiteley as to ¶¶3 (solely as to Whiteley's statement that Corey Gropp was a licensed paramedic), 4, 5,...

Excerpt: ...018 ON DEMURRER BY DEFENDANT EXPERT STAFFING WEST TO SECOND AMENDED COMPLAINT The Court denies Defendant ESW's request for judicial notice of an untabbed and unauthenticated binder policy, a 1099 form, paystubs and "screenshots". Even if these documents had been authenticated, there is no legal authority offered for the Court to take judicial notice of what amounts to "evidence" on demurrer. The Court grants Plaintiff's re...

Excerpt: ... to Complaint The court GRANTS State of California's request for judicial notice of the court's February 9, 2018 order. The court SUSTAINS, without leave to amend, the State of California's Demurrer, on grounds of failure to state facts sufficient to constitute a cause of action and uncertainty. (CCP § 430.10(e), (f).) Plaintiff failed to satisfy the mandatory prerequisites to bring this civil action. The Torts Claim Act requires a p...