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