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...

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: ... 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: ...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: ...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: ..., 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: ...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: ...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...