Excerpt: ..., 12/05/2018 stolo Tentative ruling for December 31, 2018 on Defendant Hugh N. Dallas' demurrer to complaint or in the alternative motion to strike complaint. The court overrules Defendant Hugh N. Dallas' demurrer and denies his alternative motion to strike. Defendant has failed to comply with CCP § 430.60, CRC §3.1320(a) and CRC 3.1322(a). Beyond that, a demurrer is limited to the face of the complaint and any matter of which the court...

Excerpt: ...olo Tentative ruling for December 14, 2018 on Defendant Karmen Karapanian's motion to enforce court order to compel arbitration and for sanctions The court DENIES Defendant Karmen Karapanian's motion to enforce court order to compel arbitration on the ground the court lacks jurisdiction. "Once a court grants the petition to compel arbitration and stays the action at law, the action at law sits in the twilight zone of abatement with th...

Excerpt: ...rotective Order, 11/07/2018 stolo Tentative rulings for December 13, 2018 on Plaintiff Norma Gonzalez's motions for: 1) a Protective Order Regarding Depositions of Unnamed Class Members and 2) Summary Adjudication Motion for Protective Order Plaintiffs' motion for protective order is granted in part. Defendant may depose up to 200 employees concerning meal breaks (Labor Code §512 issue) and employer name on wage statement (Labor Code §2...

Excerpt: ...aint The court sustains Defendant Kaplan's Demurrer to Complaint without leave to amend. When a dog is not redeemed by its owner within the statutory time period, the dog is available for adoption. (See Food and Agriculture Code §31108.) Plaintiffs admit that Defendant adopted the dog at issue from the Ventura County Animal Shelter, without any allegation the statutory procedure was not followed. (Complaint at ¶8.) Consequently, Plaintiffs ...

Excerpt: ...ack Angus Steakhouse's Motion for Order Compelling Answers to Deposition Questions The court denies Defendant Black Angus Steakhouse's Motion for Order Compelling Answers to Deposition Questions. CCP §§ 2017.010 and 2025.480. The specific questions at issue here are insufficiently focused on the relevant incident date or time frame, and are therefore not reasonably calculated to lead to the discovery of admissible evidence. Colonial Lif...

Excerpt: ...30, 2018 on Plaintiff's Motion for Summary Adjudication 2nd cause of action for violation of Labor Code § 226(a) (Wage Statement Violations) Grant motion as to violation of Labor Code 226(a)(8), not including its full employer name on its wage statement because it listed its name on the wage statements as "B&S Plastics Waterway Plastics" instead of showing its legal entity name of "B&S Plastics, Inc." Section 226(a)(8) requir...

Excerpt: ...California, LLC dba Shoreline Care Center's: (1) Demurrer to the First Amended Complaint; & (2) Motion to Strike portions of the First Amended Complaint The Court sustains Defendant Covenant Care California, LLC dba Shoreline Care Center's Demurrer to the First Amended Complaint on the grounds asserted in the moving papers, with leave to amend. CCP §430.10(e). Plaintiff has conceded and agreed to withdraw the NIED (4th) cause of action. ...

Excerpt: ...ative ruling for November 19, 2018 on Plaintiff Alexander Fish's Application for a Writ of Possession The court denies Plaintiff Alexander Fish's application for a writ of possession for the West Highland White Terrier Jack, on the ground that Plaintiff fails to demonstrate the "probable validity" of his claim for conversion. First, Plaintiff fails to submit any admissible evidence in support of his application. No declarations or...

Excerpt: ...ntative ruling for November 16, 2018 on Petition for Order to Be Relieved from Provisions of Gov't Code §945.4 The Court Denies Petitioner Jean Wills' Petition for Order to be Relieved from Provisions of Gov't Code §954.4. (See Rason v. Santa Barbara City Housing Authority (1988) 201 Cal.App.3d 817, 827.) The claims expressly rejected on the merits by the County's 1/30/18 letter are now barred. If the public entity sends proper ...

Excerpt: ... October 29, 2018 on Defendants/Cross‐Complainants Kelly Frederick's and Timothy Athens' Motion to Disqualify Plaintiff/Cross‐Defendant Tricoast Builders, Inc.'s and Cross‐Defendant Michael Connette's Counsel of Record The court finds that Plaintiff and Cross‐Defendant fail to demonstrate that Defendants' delay in bringing this motion and the resulting prejudice is so extreme as to support a finding that Defendants hav...

Excerpt: ... Mark C. Sherwood's and Suncoast Produce, Inc.'s Demurrer to Plaintiff John Paul Voita's Second Amended Complaint The court sustains, without leave to amend, Defendants Mark C. Sherwood's ("Sherwood") and Suncoast Produce, Inc.'s ("Suncoast") general demurrer to the first cause of action for fraud in Plaintiff John Paul Voita's Second Amended Complaint (SAC), on the grounds that Plaintiff fails to allege fa...

Excerpt: ...g for October 9, 2018 on Defendants' Demurrer Grant Defendants' unopposed request for judicial notice. Sustain, without leave to amend, Defendants' demurrer to all ten causes of action on all grounds argued by Defendants, including res judicata and the individual arguments raised as to the merits of each claim, as further explained below. 1. Civil Code §2923.5 "California Civil Code 2923.5 includes a ... provision requiring a len...

Excerpt: ...e Insurance Company's demurrer to SAC First cause of action (breach of contract): SUSTAIN with leave to amend. The only allegation that will support this cause of action is the allegation of coverage due to lack of right of access to and from the land but plaintiff has not alleged this. Allegations that her access is "affected" or "hindered" are not sufficient. The allegation that the BLSC prevents the development of access ro...

Excerpt: ...ling for July 18, 2018 on Plaintiffs John and Jane McKinney's Motion to Confirm Arbitration Award and Enter Judgment Thereon Deny Defendants David and Judy Johnston's request for an order vacating the Final Arbitration Award (Modified) issued by the Arbitrator on May 21, 2018, on the grounds that (i) the language in both the arbitration provision in ¶7.12 of the 2009 purchase contract between the parties (providing for arbitration of ...

Excerpt: ...2018 on Plaintiffs' Motion to Tax Costs or Strike Cost Items The court hereby rules as follows on Plaintiffs' Motion to Tax Costs or Strike Cost Items. Item No. 1: Grant in part as to filing and motion fees in the amount of $294.90, consisting of FAX filing fees and the costs relating to the motion to amend the answer. Defendant will be allowed costs in the amount of $735.00. Please note that the cost memo contains a computation error. (L...

Excerpt: ... on Defendants' Demurrer to the Second Amended Complaint Defendants Western Hotel Brokers, Deborah A. King and Eric M. Gignoux's Demurrer to Plaintiff's Second Amended Complaint is SUSTAINED WITH LEAVE TO AMEND. CCP §§ 430.10(e) and (f). Initially, the Court notes that the Defendants' demurrer based on uncertainty per CCP § 430.10(f) is overruled. However, Defendants' general demurrer is sustained as to the first cause of a...

Excerpt: ...as to the scope of the Remand: 1. The Regional Board was authorized by the Remand to allow additional testimony and further witnesses and evidence, and was not limited to the existing record. 2. The Regional Board was authorized by the Remand to conduct further discovery against Balcom Ranch, and is not limited to the existing record. 3. The Regional Board was authorized by the Remand to institute a new Administrative Civil Liability Complaint. 4...

Excerpt: ...ion to Compel, 04/25/2018 stolo Tentative ruling for July 12, 2018 on Plaintiff's motion to compel further responses to special interrogatories, set seven With respect to Plaintiff's Motion to Compel Further Responses to Special Interrogatories (Set 7), the court rules as follows: 89 ‐ Deny. Regular rate of pay is unclear in this context. Does Plaintiff mean hourly rate at which the employee worked? (i.e., $17 per hour). Or does Plainti...

Excerpt: ... ‐ Other, 05/08/2018 stolo Tentative ruling for July 12, 2018 on Plaintiff's Motion to Lift Protective Order in Place with Respect to Deposition of Bill Spears The court denies, without prejudice, Plaintiff's Motion to Lift Protective Order in Place with Respect to Deposition of Bill Spears. The individual who may have the most knowledge of the issues in the complaint ‐ former general manager Brooks Hilton ‐ does not appear to have ...

Excerpt: ...e ruling for June 19, 2018 on Cross‐defendant Arturo Melgoza's motion for summary judgment Evidentiary Issues The court declines to rule on plaintiff's objections to evidence as this evidence was not material to the court's decision. As plaintiff did not meet his burden of producing evidence in support of UMFs 9‐12, the court did not need to consider the opposing evidence to which plaintiff objected. The court also declines to rul...

Excerpt: ...judication, 01/17/2018 stolo Tentative ruling for June 19, 2018 on Plaintiff's motion for summary adjudication of issues The court DENIES Plaintiff's motion for summary adjudication of issues, as explained below. Issue 1: Is Fidencio Hernandez liable under the first and second causes of action for breach of oral and written contract? For purposes of this motion only, UMFs 1‐5, 11‐22, and 24 are undisputed or established. UMFs 6‐10, ...

Excerpt: ...18, 2018 on Plaintiff Wells Fargo Bank, N.A.'s Motion for Summary Judgment or Summary Adjudication The court finds, for the purposes of this motion only, that: Plaintiff Wells Fargo Bank, N.A.'s Material Facts Nos. 1‐36 are supported by the cited‐to evidence and established. Plaintiff's Complaint asserts six counts under various legal theories, but that all counts appear to be based on the same cause of action based on a single ob...

Excerpt: ... Defendant James Allen Motors, Inc.'s Motion for Summary Judgment on Plaintiff Amy Ericson's Complaint The court DENIES Defendant James Allen Motors, Inc.'s Motion for Summary Judgment on Plaintiff Amy Ericson's Complaint, for the following reasons. Evidentiary Issues Overrule Plaintiff Amy Ericson's evidentiary objections to the declaration of Defendant James Allen Motors, Inc.'s ("Dealer") expert Jack Cohen. Sust...

Excerpt: ...rules Defendants' demurrer as to the argument concerning Plaintiff Andrew Donen and his standing as to the first and third causes of action of the First Amended Complaint. Paragraphs 30 and 43 make it clear that it is only Plaintiff Elizabeth, and not her husband, who is asserting the breach of contract and specific performance causes of action. On the second cause of action (promissory estoppel) the court overrules as to Plaintiff Andrew Don...

Excerpt: ...e 12, 2018 on Defendant D.N. Michelson, M.D., Inc.'s Demurrer to Plaintiff's Complaint Defendant D.N. Michelson, M.D., Inc.'s unopposed Demurrer to Plaintiff's Complaint is: SUSTAINED WITH LEAVE TO AMEND as to the first cause of action for breach of contract. CCP § 430.10(e). Plaintiff fails to attach a copy of the written contract or plead the material terms verbatim. Accordingly, the demurrer must be sustained. (Otworth v. Sout...

Excerpt: ...18 stolo Tentative ruling for June 12, 2018 on Defendants Kevin and Mary Cox's Demurrer to Plaintiff Ronald Otto's 1st Amended Complaint, and Motion to Strike Portions Thereof The court sustains, with leave to amend, Defendants Kevin and Mary Cox's unopposed demurrer for uncertainty to the first cause of action for intentional infliction of emotional distress, second cause of action for fraud, third cause of action for medical malprac...

Excerpt: ...8 on Motion to Compel Arbitration The court grants defendant Crown's motion to compel arbitration. (CCP 1281, et seq.) As noted by both parties here, in order for an arbitration provision to be rendered unenforceable both procedural and substantive unconscionability must be present. (See Kinney v. United Healthcare Service, Inc. (1999) 70 Cal.App.4th 1322, 1329.) Yet Plaintiff makes no showing of substantive unconscionability ...

Excerpt: ...n ‐ Other, 05/16/2018 stolo Tentative ruling for June 11, 2018 on Petition to compel arbitration Grant respondent's request for judicial notice. Overrule respondent's objections for purposes of this motion only. The court DENIES, with prejudice, Sam Vosoghian's Petition to Compel arbitration. The present controversy involves: 1) claims regarding the Bundy property; 2) claims regarding the Mobil station in Simi Valley; 3) claims rega...

Excerpt: ...8 stolo Tentative ruling for June 6, 2018 on Plaintiff's application for writ of possession Upon a showing that defendant has been personally served with the application at least 16 court days before the hearing, the Court intends to GRANT Plaintiff Ally Financial Inc.'s application for a writ of possession for the 2013 Chevrolet Camaro motor vehicle, Vehicle Identification No. 2G1FK3DJ4D9190818, on the grounds that Plaintiff's Applic...

Excerpt: ...David Gallardo, Sr.'s motion for attorney fees Defendant has made a persuasive argument that the issues presented in this case were inextricably interwoven and that apportionment of fees is not feasible and/or warranted under the facts. The Court is not required to apportion attorney's fees that were incurred for work performed on behalf of the defendants jointly. As such, the fees in this case will not be apportioned. See, e.g., Cruz v. ...

Excerpt: ...ompel, 05/07/2018 stolo Tentative ruling for June 4, 2018 on Plaintiffs' Motions to Compel The Court overrules Defendant FAIR Plan's evidentiary objections, and grants Plaintiffs' Motions. Defendant is ordered to provide further verified responses to the subject requests for admission, special interrogatories and form interrogatories, without objection, by no later than June 25, 2018. The Court awards Plaintiff's counsel a total o...

Excerpt: ...n Defendants' motion to compel further responses to requests for production The court GRANTS Defendants' unopposed motion to compel further responses to requests for production. Plaintiff Elizabeth Donen's responses are a vague hybrid of all three possible responses to the requests for production. As such, it is not clear whether she has agreed to respond, cannot respond after diligent search, or is objecting. Nor has she complied wit...

Excerpt: ... Judgment, 11/01/2017 stolo Tentative ruling for May 21, 2018 on Defendant's Motion for Summary Adjudication The Court rules as follows Defendant Board of Trustees of the California State University's motion for summary adjudication. Evidentiary Issues Defense's alleged facts The Court finds the following undisputed material facts ("UMFs") are actually undisputed: 1, 2, 4‐9, 11‐15, 20‐21, 24, 26‐27, 29‐30, 32‐34, 3...

Excerpt: ...18 stolo Tentative ruling for May 21, 2018 on Plaintiff's motion to compel further responses to special interrogatories and requests for production and for sanctions Grant, in part, Plaintiff's motion to compel further responses to special interrogatories and requests for production. Regarding the special interrogatories, Zoetis' remedy for any alleged failure to comply with the requirements of CCP §§ 2030.040 or 2030.050 was to see...

Excerpt: ...ULING FOR MAY 14, 2018 ON MOTION BY DEFENDANTS ZOETIS, INC & ANN BROWN FOR SUMMARY JUDGMENT OR SUMMARY ADJUDICATION OF ISSUES Note: Plaintiff's duplicate opposition papers filed 5‐8‐18 are stricken and shall be returned to counsel. Evidentiary Issues Defense separate statement of facts Undisputed: 3, 8, 12, 15, 18, 20, 23 & 25 Established: 2 (In 2011, Plaintiff attended the Animal Health President's Circle Trip with her partner, Maria...

Excerpt: ...o Set Aside, 04/10/2018 stolo Tentative ruling for May 14, 2018 on RPI Best Choice Bail Bond's Motion to Set Aside Summary Judgment The court DENIES RPI Best Choice Bail Bond's Motion to Set Aside Summary Judgment. In People v Granite State Insurance Company (2003) 114 Cal.App.4th 758 the issue was whether the court could rule on a motion to vacate forfeiture after the exoneration period, and when summary judgment was properly triggered. ...

Excerpt: ...on Defendant Westcor Land Title Insurance Company's demurrer Deny plaintiff's request for judicial notice of an article printed from a webpage. Evid.Code §452 does not support taking judicial notice of either the document or any facts contained therein. Breach of written agreement: SUSTAIN, without leave to amend, Defendant Westcor Land Title Insurance Company's demurrer to the first cause of action in the First Amended Complaint. Pl...

Excerpt: ... First Amended Complaint Defendants Western Hotel Brokers, Deborah A. King and Eric M. Gignoux's Demurrer to Plaintiff's First Amended Complaint is SUSTAINED WITH LEAVE TO AMEND. CCP §§ 430.10(e) and (f). The court does not find the FAC uncertain. However, Defendants' general demurrer is sustained as to the first cause of action for negligent misrepresentation and the second cause of action for fraud. Insufficient facts are stated t...

Excerpt: ...mpel, 03/14/2018 stolo Tentative ruling for May 3, 2018 on Plaintiff Sungtae Jung's Motion to Compel Further Responses to Special Interrogatories (Set No. 1) Deny Plaintiff Sungtae Jung's motion to compel Defendant Mercedes‐Benz USA, LLC's further responses to special interrogatories (set no. 1) nos. 8‐15, 22, and 26‐29, on the ground that Defendant's "vague and ambiguous" objection to the subject interrogatories has...

Excerpt: ... 03/19/2018 stolo Tentative ruling for April 17, 2018 on Plaintiff Platinum Gymnastics' Petition to Vacate Arbitration Award Pursuant to CCP § 1286.2 and Request for De Novo Review Initially, the Court notes that defendant's opposition is timely and will be considered. Plaintiff's Request for Judicial Notice is GRANTED. Evidence Code § 452(h). The Court takes judicial notice of Plaintiff's Exhibits A‐E. Defendant's evident...

Excerpt: ...OCUMENT/DATE FILED: Motion for Summary Judgment and/or Adjudication, 01/02/2018 stolo Tentative ruling for April 16, 2018 on Defendant Insperity PEO Services, LP's motion for summary judgment or, in the alternative, for summary adjudication Note: The parties' failure to adhere to the requirements of Rule 3.1350(d)(3) and Rule 3.1110(f)(3) in this case caused substantial excess work on the court's part. Evidentiary Issues The court ove...

Excerpt: ...OCUMENT/DATE FILED: Motion for Summary Judgment and/or Adjudication, 01/02/2018 stolo Tentative ruling for April 16, 2018 defense motion for summary judgment/adjudication Issue 1: Does the first cause of action fail because plaintiffs cannot establish Insperity was their employer? DENY. Assuming the Martinez test for joint employment applies, plaintiffs have apparently conceded the first two prongs so the only test applied here is the common law ...

Excerpt: ... Tentative ruling for April 16, 2018 on Defendant K12 Inc.'s motion for summary judgment or, in the alternative, for summary adjudication Note: Plaintiff's failure to hard tab exhibits as required by Rule 3.1110(f)(3) created unnecessary extra work for the court in this case. Evidentiary Issues The court grants plaintiffs' request for judicial notice. Plaintiffs' objections: Plaintiffs object to Ms. Smith's attempts to authent...

Excerpt: ...UMENT/DATE FILED: Motion ‐ Other, 02/14/2018 stolo Tentative ruling for April 10, 2017 on Defendant's motion for sanctions The court DENIES Defendant's motion for sanctions based on the filing of this lawsuit in the name of an LLC on forfeited status. There has been no showing of objective bad faith. San Diegans for Open Government v. City of San Diego (2016) 247 Cal.App.4th 1306, 1318. The evidence merely shows an error first raised on...

Excerpt: ...ther, 03/08/2018 stolo Tentative ruling for April 10, 2018 on Defendant Dignity Health's Motion for Sanctions $15,360 in Monetary Sanctions and Issue Sanctions Against Plaintiff Patricia L. Lacy ("Plaintiff") for Failure to Comply With Second Court Order to Appear at Independent Mental Examination ("IME") by Defendant Dignity Health dba St. Joseph Regional Medical Center ("Defendant") Defendant Dignity Health dba St. J...

Excerpt: ...uling for April 4, 2018 on Defendants' Demurrer and Motion to Strike Defendants MB Plaza West, LLC and Tourmaline Management, LLC's Requests for Judicial Notice are DENIED. (Evidence Code §452(d) and (h).) Defendants MB Plaza West, LLC and Tourmaline Management, LLC's Demurrer to Plaintiff's Complaint is OVERRULED. CCP § 430.10(e). In order to state a cause of action in conversion, a plaintiff must allege: (1) his or her ownersh...

Excerpt: ...il 4, 2018 on Plaintiff's motion for judgment on the pleadings The court DENIES Plaintiff's motion for judgment on the pleadings as to Defendants' Answers to the 1 st , 7 th, 16th, 21st , and 25th causes of action on the ground that failure to state a claim is not a valid affirmative defense. This affirmative defense is valid and one that Plaintiff herself used in her answer to the second amended cross‐complaint. The court GRANTS th...

Excerpt: ... Tentative ruling for April 4, 2018 on Trine Jensen's motion to quash service of summons of cross‐complaint The court GRANTS Trine Jensen's request for judicial notice. The court GRANTS Trine Jensen's motion to quash service of summons of cross‐complaint filed by defendant Kari Jensen. It is undisputed that Trine is a Utah resident. No authority is presented in support of the argument that being appointed guardian ad litem for a C...

Excerpt: ...urrer to the Third Cause of Action in the Complaint (Opposed); (2) Motion to Strike Portions of the Complaint Defendants Patrick Comerford, Michael Weidmann, and Angela Weidman's demurrer for failure to state a claim to the third cause of action for intentional infliction of emotional distress is SUSTAINED WITH LEAVE TO AMEND. Plaintiffs fail to allege sufficient facts to support extreme and outrageous conduct by Defendants and severe emotion...

Excerpt: ...FILED: Motion to Compel, 02/20/2018 stolo Tentative ruling for March 29, 2018 on Motion by Cooper and Defendant/Cross‐Defendant Millennium Generation, Inc. dba Millennium Fire Protection ("Millennium") (collectively, "Millennium Parties") to Compel SCI to Provide Further Responses to Requests for Production of Documents, Set Two ("RPD") Nos. 13‐17, and for Issue, Evidentiary, and/or $2,997 in Monetary Sanctions The cou...

Excerpt: ...tative ruling for March 29, 2018 on Defendant Brooks' Motion to Quash The court overrules Plaintiff's evidentiary objections. The court grants Defendant Brooks' Motion to Quash the deposition subpoena issued by Plaintiff McGillivray purporting to set a deposition in Ventura County of Defendant Brooks' person most qualified. The reasoning and analysis set forth in this Court's February 21, 2017 minute order remains controlling....

Excerpt: ...ction by Plaintiff Boulder Valley Transfer, Inc. The court GRANTS all requests for judicial notice. MSWT2, Tanner and Shenkel's objections are OVERRULED. Plaintiff's motion for a preliminary injunction is GRANTED. Plaintiff has shown a likelihood of prevailing on the merits of each cause of action and that the interim harm that would be sustained by Plaintiff if injunctive relief is denied would outweigh harm that would be sustained by th...

Excerpt: ...rt will GRANT partial relief by way of peremptory writ. The statement that today the City of Oxnard has a balanced budget has been shown by clear and convincing evidence to be false; the FY 2017‐2018 budget is not balanced. The statement that the City of Oxnard has the first clean audit in decades has also been shown by clear and convincing evidence to be false; the City has had clean audits within the past decade. The court DENIES the petition...

Excerpt: ...8 stolo Defendant Brighton Collectibles, LLC's Motion to Compel Further Responses to Requests for Production, Set Two The court DENIES Brighton Collectibles, LLC's Motion to Compel Further Responses to Requests for Production, Set Two. The documents requested in Requests 9 and 10 are not relevant to the issues raised in the complaint and involve Plaintiff's right to privacy. (CCP § 2031.310.) Therefore, this motion is denied in its e...

Excerpt: ...ive Order, 01/26/2018 stolo Tentative ruling for February 27, 2018 on Plaintiff/Cross‐ Defendant Waynett Singleton's Motion for a Protective Order and Defendant Call Me Van Lines, Inc.'s Motion to Compel Further Responses to Requests for Admissions (Set No. 1) The court grants Plaintiff/Cross‐Defendant Waynett Singleton's request for a protective order; requests for admission 36‐ 186 need not be answered. Defendant/Cross‐Compl...

Excerpt: ...Judgment and/or Adjudication, 12/11/2017 stolo Defendant Argo Tractors S.p.A's Motion for Summary Judgment and/or Adjudication The court grants Defendant Argo Tractors S.p.A's Motion for Summary Judgment. Defendant's evidentiary objects are all sustained. Moving Defendant has met its burden under CCP 437c(o)(2) of showing that Plaintiffs cannot establish the elements of a cause of action for strict products liability, negligent produc...

Excerpt: ...essor administrator of the Estate The Court sustains, without leave to amend, Defendant's demurrer to the second cause of action for Enforcement of Judgment. The First Amended Complaint seeks to recover on the Jackson Life policy. There is no allegation that the Judgment, which addressed only the Provident policy, was amended to include the Jackson Life policy. The demurrer to the first cause of action is overruled, because Defendant has conc...

Excerpt: ...n and Hearing for Right to Attach Order and Writs of Attachment, 12/04/2017 stolo Tentative ruling for February 20, 2018 on Plaintiff's Applications for Right to Attach Order and Order for Issuance of Writ of Attachment against Defendants Loya and TSX The court grants Plaintiff's Application for Right to Attach Order against Defendant TSX and sets the amount of the undertaking at $10,000. The requirements of CCP §484.090 have been met an...

Excerpt: ...ve ruling for February 8, 2018 on Demurrer to Complaint Sustain demurrer to complaint without leave to amend on grounds of failure to state facts sufficient to constitute a cause of action and uncertainty. (CCP § 430.10(e), (f).) Grant defendants' Request for Judicial Notice of the claim for damage or injury filed with the County by Lamont Delwin Pearson on August 22, 2017 (and noted received by the County on August 23, 2017). California law...

Excerpt: ...ion to compel arbitration Grant respondent's request for judicial notice. Overrule respondent's objections for purposes of this motion only. DENY petition to compel arbitration. The petition does not contain a statement of facts showing the existence of an arbitrable controversy. Contrary to petitioner's argument, the parties did not agree to arbitrate "all issues between the parties ever existing up to the point of arbitration.&#...

Excerpt: ...12/28/2017 stolo Tentative ruling for February 7, 2018 on Cross Defendant Melgoza's Motion to Compel Responses to Form Interrogatories – Construction Litigation (Set One) Grant Cross‐Defendant Melgoza's motion to compel responses to Form Interrogatories – Construction Litigation (Set One). Mr. Melgoza a party to the action, brought in by way of cross‐complaint and entitled to propound discovery and receive responses. (CCP § 2030....

Excerpt: ... 30, 2018 on Demurrer to First Amended Complaint by County of Ventura Recommendation: Sustain, without leave to amend, Defendant County of Ventura's the demurrer to the First Amended Complaint. The court sees no reasonable basis upon which Plaintiff could amend the complaint. (Cabral v. Soares (2007) 157 Cal.App.4th 1234, 1240.) Plaintiff did not file a tort claim consistent with applicable provisions of the Government Code. While he filed a ...

Excerpt: ...otion to quash or modify plaintiff's third‐party deposition subpoena for production of business records of the California Department of Motor Vehicles and the Bureau of Automotive Repairs The court Grants in part and denies in part Plaintiff Ericson's motion to quash or modify plaintiff's third‐party deposition subpoena for production of business records of the California Department of Motor Vehicles and the Bureau of Automotive R...

Excerpt: ...nuary 23, 2018 on Defendants' Demurrer to the First‐Amended Complaint. Oppo The Court OVERRULES Defendants' Demurrer to the First‐Amended Complaint. The Court notes that Plaintiff Dr. Leevil dismissed without prejudice, all causes of action, but for the 5 th and 6 th (Guaranties) and 14th (Declaratory Relief) Causes of Action on December 27, 2017. Thus, the Court considers only Defendants' demurs to those causes of action. Regardi...

Excerpt: ... Tentative ruling for January 22, 2018 on Defendant's Motion to Strike The court rules as follows as to Defendant's Motion to Strike portions of the Second Amended Complaint. Grant Defendant's motion to strike Prayer (a) in which Plaintiffs seek a declaration of rights regarding the validity of Defendant's claims in communications with Plaintiffs that DSLA is the creditor; the validity of $54k charges at issue; and the validity of...

Excerpt: ...ive ruling for January 22, 2108 on Defendants' Demurrer Grant Defendants' Request for Judicial Notice of the deed of trust, corporate assignment of deed of trust and other documents recorded in the chain of title on the property, and of the federal court and state court documents. The court rules as follows as to Defendants' demurrer to the Second Amended complaint. First cause of action (HBOR): Sustain without leave to amend as to al...

Excerpt: ...stolo Tentative ruling for January 12, 2018 on Plaintiff's motion to compel deposition and for sanctions The court Denies Plaintiff's motion to compel deposition. The motion was not timely served pursuant to CCP § 1005(b). The proof of service is defective. The time for discovery motions to be heard has expired. There is no evidence plaintiff complied with CCP § 2025.450(b) by inquiring about the nonappearance. Indeed, it appears the de...

Excerpt: ...ant Wanda Stroud ("Defendant"), By and Through Her Conservator, Tiffany Van Wingerden ("Conservator") to Vacate Default and Default Judgment and to File Records Under Seal Defendant Stroud's unopposed motion to seal is GRANTED. The Court hereby finds that: (1) There exists an overriding interest that overcomes the right of public access to the record; (2) The overriding interest supports sealing the record; (3) A substantial p...

Excerpt: ...Reconsideration Re Sending of Belaire‐West Notice The court DENIES Defendants' request for the court to vacate its prior order to send the Belaire‐West Notice to the putative class members. Plaintiffs' request for judicial notice of Exhibit 1 is denied. Defendants' evidentiary objections are sustained. Initially, the court notes that the court has the inherent authority to reconsider it prior orders. Nave v. Taggart (1995) 34 Cal....

Excerpt: ...emurrer to complaint Grant defendants Shellpoint Mortgage Servicing and The Bank of New York Mellon's unopposed request for judicial notice. OVERRULE defendants' demurrer to the first, second, fourth, and fifth causes of action. Plaintiffs have alleged BONY's liability based on the theory of agency. 1 st c/a (violation of Civ.Code § 2923.6(f)): SUSTAIN with leave to amend. Plaintiffs have not alleged a violation of any subsection of ...

Excerpt: ...for January 2, 2018 on Motion to Resolve Legal Issue on Damages Under Civil Code Section 3346 by Defendant Southern California Edison Company ("SCE") The court GRANTS Defendant SCE's request for judicial notice. The court GRANTS Defendant SCE's motion to preclude the Wokal and Morris Plaintiffs' claim for double damages under Civil Code section 3346. The motion is properly brought and heard at this time because, absent a resol...