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