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: ... ‐ 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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ... 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: ...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...