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: ...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: ...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...