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: ...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: ... 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...