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. 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: ...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: ...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: ...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: ...; 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: ... 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: ...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...