Excerpt: ...pposed) (3) Defendant's Motion to Have Matters Deemed Admitted, and monetary sanctions in the amount of $960.00. (Unopposed) (4) Defendant's Motion to Compel Responses to Special Interrogatories, and monetary sections in the amount of $660.00. (Unopposed) (5) Defendan t's Motion to Compel Plaintiff to Appear and Testify at Her Deposition, and monetary sanctions in the amount of $ 560.00. (Unopposed) Tentative Rulings: Defendant has established th...

Excerpt: ...r of Plaintiff Taiana Gibson against Defendant Richard P. McNair, an individual and dba “Fosters Freeze” is entered as follows: principal amount of $37,000, costs of $125.30 and attorney's fees of $6,290. Plaintiff to submit a proposed order and judgment consistent with the Court's ruling. Grounds: Plaintiff requests that the court enforce the parties' written settlement agreement and enter judgment against defaulted party Defendant Richard P...

Excerpt: ...8.40 Tentative Ruling: Cross- Complainants M&Tony's Touch, Inc., Tsutomo Kagoshima and Emerita Kagoshima Motio n for Terminating Sanctions or in the alternative Issue and Evidence Sanctions against Cross- Defendant Sue Ahn, and Monetary Sanctions of $6,018.40 is DENIED in part and GRANTED in part. The requests for terminating, issue and evidence sanctions are denie d. Cross-Defendant Sue Ahn is ordered to produce the “transaction file” not p...

Excerpt: ... County of V entura's motion contesting Defendants Celso Gustavo Torres' and Torres General Contracting's (collectively, “the Torres Defendants”) Application for a determination that their settlement with Plaintiffs is in good faith, on the grounds that the Torres Defe ndants fail to submit admissible and substantial evidence in support of several of the Tech- Bilt factors, including evidence indicating the rough approximation of Plaintiffs' ...

Excerpt: ... set for D ecember 2, 2024 at 8:30AM. Defendant met its burden of proving the existence of a valid arbitration agreement. Plaintiff failed to demonstrate that the arbitration agreement was procedurally or substantively unconscionable. Grounds: Defendants Los Roble s Homecare Services, Inc., Los Robles Healthcare, LLC, and Eric Kotitschke (jointly “Los Robles”) seek an order compelling plaintiff to arbitrate her claims and stay the matter pend...

Excerpt: ... the extent the same damages are sought for both claims, this is not a ground for demurrer. Defendants' Demurrer as to the Intentional Infliction of Emotional Distress cause of action is sustained with leave to amend. Plaintiffs have not adequately pled the elements of intentional or reckless conduct, nor have Plaintiffs adequately pled severe emotional distress. Defendants' motion to Strike Punitive Damages from the Complaint is granted, with l...

Excerpt: ... Code section 242, Plaintiff has not and cannot allege that Defendants were acting under the color of law when they revoked her YMCA membership. Further, Title 18 allows for criminal liability only —Plaintiff, thus, has no standing to bring a civil cause of action agai nst Defendants for violation of Title 18 of United States Code section 242. Insofar as the Complaint is premised on violations of Title VII of the Civil Rights Act of 1964, the C...

Excerpt: ...Strike Porti ons of the Complaint of Southfork Ranch, LLC for Declaratory Relief is GRANTED in part and DENIED in part. The Motion to Strike is GRANTED as to paragraph 32 and Prayer paragraph 9 of the Complaint, with leave to amend. The Motion to Strike is DENIED as to paragraphs 31, 35 -37 and Prayer paragraphs 8 and 12 -15 of the Complaint. Any amended complaint shall be served and filed no later than May 10, 2024. Background: The Complaint wa...

Excerpt: ... As there is no demonstrated prejudice to Defendant, the motion will be considered despite insufficient notice under Code of Civil Procedure section 1005, subdivision (b). Defendant's request for judicial notice is granted. Plaintiff Southfork Ranch, LLC's Motion to D isqualify Ferguson Case Orr Patterson LLP from Representing Defendant California Natural Resources Group, LLC is DENIED. Background: The Complaint was filed on October 26, 2023, by...

Excerpt: ...for Monetary San ctions Against Defendant and Their Counsel, Jointly and Severally (Unopposed) Tentative Ruling: The Court GRANTS Plaintiff Steven Scouten's Motion to Strike Defendants' Answer and Enter Default as a Terminating Sanctions for Abuse of Discovery Process. (La guna Auto Body v. Farmers Ins. Exchange (1991) 231 Cal.App.3d 481, 487; Deyo v. Kilbourne (1978) 84 Cal.App.3d 771, 796 -797.) Defendants have failed to comply with the Court's...

Excerpt: ...Court dismiss es Plaintiffs' Complaint, with prejudice, as a terminating sanction for failure to provide responses to any of Defendants' discovery issued to Plaintiffs, after being ordered by the Court to do so in the Court's December 12, 2023 Minute Order, and as refle cted in Defendants' Notices of Ruling filed and served December 15, 2023. The Court notes that it has already deemed Defendants' Requests for Admission served on both Plaintiffs...

Excerpt: ...ut leave to amend. Analysis: GM demurs to Plaintiff's Fifth Cause of Action for Fraudulent Inducement-Concealment on the grounds that it: (1) barred by the applicable statute of limitations; (2) fails to state facts relevant to the elements of the claim; and (3) fails to allege a transactional relationship giving rise to a duty to disclose. The Statute of Limitations for Fraudulent Concealment was Tolled: Plaintiff contends he had no way of knowi...

Excerpt: ... FCA US (202 2) 77 Cal.App.5th 209, there are no allegations in the Complaint sufficient to show that the subject vehicle was purchased used by Plaintiff. Moving party to give notice of the Court's ruling. Discussion: a. Motion for Judgment on the Pleadings A motion fo r judgment on the pleadings has the same function as a general demurrer but is made after the time for demurrer has expired. (Code Civ. Proc., § 438, subd. (f).) The grounds for j...

Excerpt: ...ord was aware of those defects prior to his purchase of the vehicle. The Court previously rejected Ford's argument that Plaintiff had not alleged facts supporting a duty to disclose. The Court sustains the demurrer to the sixth cause of action for negligent repair. Plain tiff's claims against Price are conflated with his warranty claims and he has not alleged a repair attempt by Price that was not under warranty. As such, his claim is barred by ...

Excerpt: ...1, 1032, & 1033.5.) Plaintiffs request judicial notice of Exhibits 1 through 5 attached to the declaration of attorney Erik Feingold in support of the motion. (See Evid. Code, § 452.) Plaintiff's request for judicial notice in support of the motion is GRANTED. (See Ev id. Code, § 452, subds. (d)(1).) Plaintiffs' motion for attorneys' fees and costs on appeal and for this motion, is GRANTED in the reduced amount of $11,996.31. The motion is time...

Excerpt: ...ng: The reque st for judicial notice is granted. The motion is granted in part and denied in part. Defendant shall provide objection free further responses to requests for production Nos. 27, 28, 31, 33, 35, 37 and 38, as limited and as further specified below. The f urther responses shall comply with all statutory requirements and be provided within 20 days. Defendant need not provide further responses to request Nos. 24 -26, 36 and 46. These r...

Excerpt: ...tion, Approval of Class Notice, Setting of Final Approval Hearing is GRANTED. 1. The following class is conditionally certified for settlement purposes only: “all current and former hourly -paid or non -exempt employees of Defendant Synergy Shipping LLC within the State of California at any time during the period from July 22, 2019, through August 21, 2023.” 2. Plaintiffs Gianna Graziano and Ethon Burch are conditionally approved as class re...

Excerpt: ...ation of Issues . (Not Opposed) Tentative Rulings: The Court grants the motions for summary adjudication in their entirety. Defendants' Motions for Summary Judgment Defendants Mole Richardson Rentals (erroneously sued as Mole -Richardson Rentals, LLC), and PK&P Investment Co. f/k/a Mole -Richardson Co. (collectively “Mole -Richardson”) each move for Summary Adjudication on three issues: (1) Plaintiffs cannot establish any evidence against mov...

Excerpt: ... For good cause shown, Defendants are hereby granted leave to take the second session of the deponent at a date, time, and location to be mutually determined by the parties' counsel. Defense counsel's questioning shall be limited to the issues of updates regarding Plaint iff's condition and the extent of her claimed damages. Counsel for the moving parties to give notice. Background: This action arises from the alleged sexual assault suffered by P...

Excerpt: ...rt grants i n part and denies in part Plaintiff Kelli Wiedemier's request for an order taxing Defendants Thousand Oaks Surgery Center, LLC's and Virtuoso Medical Management, Inc.'s Memorandum of Costs. The Court denies Plaintiff's request to tax $520.50 from Item No. 1 in Defendants' Memorandum of Costs relating to Defendants' summary judgment motion. Defendants' summary judgment motion – although ultimately unsuccessful – was reasonably nece...

Excerpt: ...urther response to Reque sts for Production of Documents, Set Two (“RPD”), No. 24 (erroneously numbered as “No. 4”) and for $1,140 in monetary sanctions against Plaintiff and his counsel, jointly and severally. Tentative Ruling: Defendant's motion to compel a further response to R PD, Set Two, No. 24 is GRANTED. A further response, without objection, shall be served within 30 days. Defendant's request for monetary sanctions against Plaint...

Excerpt: ...red the merits of the motion, the motion is granted. Plaintiff's claims are ordered to arbitration, except that Plaintiff's representative claims are dismissed. Status conference re: arbitration is set for January 29, 2025 at 8:30AM. This case is stayed. Analysis: a. Threshold Issue – Applicability of the FAA and Preemption Defendant argues the arbitration agreement is governed by the FAA because (a) it states so in the agreement and (b) the ag...

Excerpt: ...to the exist ence of a valid arbitration agreement to which the FAA applies. In accordance with Viking River Cruises, Inc. v. Moriana (2022) 142 S.Ct. 1906, Plaintiff's individual PAGA claim is severed from her representative PAGA claim and ordered to binding arbitrati on. Pursuant to the recent California Supreme Court decision in Adolph v. Uber Technologies, Inc. (2023) 14 Cal.5th 1104, pending the resolution of Plaintiff's individual PAGA clai...

Excerpt: ...omation, Inc.'s Motion for Summary Judgment is denied. There are triable issues of fact regarding Defendant's compliance with Labor Code section 226, subdivision (a) [DF 6 -8]; whether Plaintiff suffered injury under Labor Code section 226, subdivision (e) [DF 8]; and whe ther Defendant did knowingly and intentionally violated Labor Code section 226, subdivision (a) [DF 13]. Background: The FAC is a Class Action and pleads causes of action for (1...

Excerpt: ...on 1 cannot be det ermined since the Declaration of Josue Castillo was not received by the court. The scanned document titled Declaration of Josue Castillo is actually the Declaration of Jorge Coronado. Plaintiff's Request for Judicial Notice: The court denies Plaintiff's re quest for judicial notice of the Final Statement of Decision in the case Palomino v. Northrup Grumman, Case No. 19CV345534 as it is not relevant to the Court's decision here ...

Excerpt: ... Young's Motion to Compel Cross -Defendant Southern California Edison Company's Further Responses to Form Interrogatories, Set One is GRANTED as to Form Interrogatory nos. 4.1, 4.2, 12.6, 15.1, and 17.1, but DENIED as to Form Interrogatory no. 3.7. Cross -Defendant shall serve Defendant/Cross -Complainant with its Code -compliant supplemental responses to Form Interrogatories nos. 4.1, 4.2, 12.6, 15.1, and 17.1 by April 5, 2024. Sanctions are gra...

Excerpt: ......

Excerpt: ...285 respect ively. Tentative Ruling: Provided substantially compliant responses have not been served on Plaintiff's counsel prior to the hearing, the Court intends to grant Plaintiff's unopposed Motions as requested, and to award monetary sanctions against Defendant a nd counsel jointly and severally in the amount of $500 per motion, for a total sanction award of $2000. Responses to the discovery requests are due, without objection, by April 12, ...

Excerpt: ...�cation, Appro val of Class Notice, Setting of Final Approval Hearing is CONTINUED to March 29, 2024 at 8:20AM. The Court requires additional information to make its ruling. If Plaintiffs choose to supplement the record, additional documents are to be filed by March 25 . The additional information requested by the Court is: 1. A counsel declaration that provides information about the firm's hourly billing rate and the hours spent by the attorne...

Excerpt: ... Requests for Pr oduction (Set No. 1) and Production of Responsive Documents, and for $3,160 in Sanctions (Opposition untimely and not considered by the Court) Tentative Ruling: The Court denies Plaintiffs' motion as to requests nos. 50, 82, and 83, on the ground that Plai ntiffs fail to demonstrate “good cause” for these requests. The Court grants the motion as to requests nos. 1 -3, 7, 17, 22 -24, 35 -38, 40 -43, 48, 49, 56, 57, 66, 74, 75 ...

Excerpt: ...ed due to i nadequate notice; Defendant had served Plaintiff electronically and there was no indicate he had agreed to electronic service. Defendant also served Plaintiff at a mailing address that was not his address of record, despite his use of the address on other correspondence. The Court ordered Defendant to serve Plaintiff with the moving papers and notice of the continued hearing before 2/9/24 at his address of record, and to file a proof...

Excerpt: ...isclose. Disc ussion: Demurrer is only appropriate where the grounds for objection appear on the face of the complaint or from any matter of which the court is required to or may take judicial notice. (Code Civ. Proc., § 430.30(a)). For the purpose of a demurrer, the court must treat all properly pleaded facts as admitted. (Blank v Kirwan (1985) 39 Cal.3d 311, 318). Ford argues Plaintiff has not identified the purported defect and alleges no fa...

Excerpt: ...1) OVERRULED; (12) OVERRULED; (13) OVERRULED; (14) OVERRULED; (15) SUSTAINED; (16) SUSTAINED; (17) OVERRULED; (18) OVERRULED; (19) SUSTAINED; (20) OVERRULED; (21) OVERRULED; (22) OVERRULED; (23) OVERRULED; (24) OVERRULED; (25) OVERRULED; (26) OVERRULED; (27) OVERRULED; and (28) OVERRULED. For the purposes of this Motion only, Defendants' Undisputed Material Facts (“UMFs”) Nos. 1, 2, 3, 4, 5, 6, 7, 8, 10, 12, 15, 16, and 17 are undisputed and ...

Excerpt: ...rry's request fo r judicial notice in its entirety. Plaintiffs' request for an order compelling Defendant American Honda Motor Co., Inc.'s (“Honda”) further response to request for production (set no. 1) no. 20 is denied as moot due to Honda's service of a further response to request no. 20 while Plaintiffs' motion was pending. The Court grants Plaintiffs' request for an order compelling Honda's further responses to requests for production (s...

Excerpt: ... cept as to attorney-client -privilege and work product protections and orders GM to produce a PMQ on these categories. Categories 3 and 4: The categories are not limited in time and, as such, the objections are sustained in part. The Court limits the timeframe of these categories to the period from 2020 to the present and orders GM to produce a PMQ on these categories as limited. Document Request 1: The term “pre- litigation file” is overbr...

Excerpt: ...uropsychological testing, as offered by Dr. Gutirrez at a location in east Ventura County on February 21, 2024. The parties are ordered to mutually exchange their expert raw data upon completion of Dr. Gutierrez's testing, pursuant to the parties' Stipulation and CCP §2032.630. Background: This is a personal injury case. Plaintiff submitted to a neuropsychological test on Oct. 26, 2023, from 9 -5 with Dr. Juan Manuel Gutierrez, PhD with appropri...

Excerpt: ...NT the application to issue an OSC re Contempt as to Keith Martin Mack. This matter is set for hearing on Plaintiffs' OSC for April 12, 2024 at 9:00 AM. The affidavit and OSC are to be served on Keith Martin Mack in the same manner as a summons. Background: This is a post -judgment matter, and the third appearance of moving parties pursuing contempt against Defendant/alleged contemnor, Keith Martin Mack. a. The Parties and the Driveway Easement P...

Excerpt: ...o Compel Further Responses to Requests for Production of Documents and Request for Sanctions is GRANTED in part and DENIED in part. Defendant General Motors is ordered to provide veriÞed and code-compliant further responses to Request for Production (set one) numbers 16, 19-32 and 45-46 reßecting its agreement to make a supplemental production. The responses must comply with Code of Civil Procedure section 2031.280. Defendant General Motors is ...

Excerpt: ...ing to timely request a hearing pursuant to Public Resources Code section 21167.4 (opposed); (2)Joinder in Opposition by Respondent California Regional Water Quality Control Board, Los Angeles Region (“Regional Board”) (unopposed); (3)Joinder in Opposition by Real Party In Interest The Boeing Company (“Boeing”) (unopposed). Tentative Ruling: Both joinders to the opposition are GRANTED. Petitioners seek relief from the order of dismissal t...

Excerpt: ...nd cause of action. The Court sustains the demurrer to Plainti
¯'s s e c o n d cause of action for failing to report allegations of sexual abuse as a mandated reporter because at the time of the alleged events (the 1972-1973 school year), Penal Code section 11161.5, as it then existed, did not mandate reporting of suspected sexual abuse against a child. As to the demurrer based on constitutional grounds, the Court Þnds that AB 218 is not facial...

Excerpt: ...amation) causes of action in the second amended complaint without leave to amend. Discussion: Demurrer is only appropriate where the grounds for objection appear on the face of the complaint or from any matter of which the court is required to or may take judicial notice. (Code Civ. Proc., § 430.30(a).) For the purpose of a demurrer, the court must treat all properly pleaded facts as admitted. (Blank v Kirwan (1985) 39 Cal.3d 311, 318.) Intentio...

Excerpt: ...osed, but sixteen days electronic notice does not comply with Code Civ. Proc., § 1010.6, subd. (a)(3)(B). Parties should be prepared to state whether proper notice is waived. 2. This is a putative class action arising out of a data breach. According to the motion and the settlement agreement, the proposed class is “all persons in the United States to whom Robins & Morton Group mailed a notiÞcation that their information may have been impacted...

Excerpt: ...der compelling Defendant Moorpark Unified School District to provide further responses to its requests for production, set one and production of all responsive documents (opposed). Tentative Ruling: Plaintiff's Requests for Production Nos. 32, 34, 35, 36, and 61 seek information related to his alleged assailant's school records. Plaintiff's Form Interrogatory Nos. 12.1, 12.2 and 12.3 seek information related to potential witnesses. Plaintiff's mo...

Excerpt: ...Sue Ahn to Appear for Deposition and to Produce Documents, and Monetary Sanctions is GRANTED. Cross-Defendant Ahn is required to appear for deposition and produce documents within 30 days of this order. Cross-defendant Ahn is also ordered to pay Cross-complainant Kagoshima's counsel monetary sanctions in the amount of $300.00 within 30 days of this order. Background: The Complaint was filed on May 28, 2019 and a First Amended Complaint was filed ...

Excerpt: ...posed) 2. Motion to compel Plaintiff Faustino Bautista Luna ("Luna") to provide further responses to Fl Nos. 9.1, 9.2, and 50.2 and for $1,320 in monetary sanctions against Luna (opposed) 3. Moton to compel Martinez to provide further responses to Special Interrogatories ("S'") Nos. 3, 6, and 13 and for $1,320 in monetary sanctions against Martinez (opposed) 4. Motion to compel Luna to provide further responses to Sl Nos. 3, 6, and 13 and for $1,...

Excerpt: ... was not the proximate cause of plaintiff's injuries. Background: Plaintiffs Cruz Espinoza, Catalina Espinoza, Cassandra Espinoza, Christina Espinoza, Carina Espinoza, and Carisa Espinoza filed a Complaint for Wrongful Death against Defendants Marc Reinoso, MD and Community Memorial Hospital, pleading causes of action for (1) medical malpractice/wrongful death and (2) survivor's claim. The Complaint alleged that Defendants' treatment of decedent ...

Excerpt: ...ing the qualifications of Phoenix Class Acton Administration Solutions and the basis for the payment of up to $14,500. Additionally, the Court intends to reduce the incentive payment to the class representative to $5,000 as the amount requested is not justified by the declarations submitted. Background: This is a putative class action. As alleged in the Complaint, Defendant Success Valley Farms LLC ("Success") operates a farm in Oxnard, Californi...

Excerpt: ... not pled adequate facts to support the application of the delayed discovery rule. (Fox v. Ethicon Endo-surgery, Inc. (2005) 35 Cal.4th 797, 808-809.) Plaintiff has not alleged the exception provided by Bus. & Prof. Code, S 25602.1 to the immunity provided by Bus. & Prof. Code, S 25602(b). The motion to strike is denied as moot. The requests for judicial notice are denied. Defendant's evidentiary objections to the declaration of attorney Ellery S...

Excerpt: ...tions in the amount of $3,561.55 against Defendant and its Counsel. (Opposed) Tentative Ruling: Plaintiffs' Motion to Compel Supplemental Responses to Form Interrogatories — General is GRANTED, subject to clarification of the term "INCIDENT" as set forth in the discussion below. Defendant Pleasant Valley School District is required to prov-de supplemental responses to Plaintiffs Form Interrogatory nos. 12.1, 12.2, 12.3, 14.1, and 14.2 subject t...

Excerpt: ... Documents to Plaintiffs' Requests for Production of Documents and for Sanctions in the amount of $3,561.65 against Defendant and its Counsel. (Opposed) Tentative Ruling: Plaintiffs' Mohon to Compel Further Responses to and Production of Documents to Plaintiffs' Requests for Production of Documents and for Sanctions in the amount of $3,561.65 against Defendant and its Counsel is GRANTED in part and DENIED in part. The motion to compel further res...

Excerpt: ...The agreement was explicitly voluntary and Plaintiff's declaration does not support a basis to find procedural unconscionability. As to any substantive unconscionability, the Court severs the confidentiality provision in 5 which, while mutual, could limit discovery. The parties are ordered to submit all claims to arbitration. Status conference re: arbitration is set for December 13, 2024 at 8:35 AM in Department 41. Plaintiff was hired by VS Medi...

Excerpt: ...ly unconstitutional in violation of California Constitution, Art. WI, S 6. AB 218 does not create a new basis for liability against VLISD for childhood sexual abuse by a government official; instead, it revives a liability that was extinguished by virtue of the running of the statute of limitations and relieves Plaintiff of the requirement of filing a government claim. In cases where courts have held that the legislature made a gift out of public...

Excerpt: ...esponsive to some of these RFPs. However, it is not clear whether this constituted a complete response or whether any RFPs are still at issue. The parties should be prepared to address this at the hearing. Additionally, if it has not already done so, GM should comply with Code Civ. Proc„ S 2031.280, subd. (a): "Any documents or category of documents produced in response to a demand for inspection, copying, testing, or sampling shall be identifi...

Excerpt: ...Order to Reflect an Accurate Amount of Attorney Fees [CCP 1008(a)] (Opposed) Tentative Ruling: Cross-complainants Rashid Hameed and Gurmit Singh's Moton to Reconsider and Revoke Order Dated 12/1/23 Granting Attorney's Fees to a Losing Party, Or, Alternatively, to Modify The Order to Reflect an Accurate Amount of Attorney Fees is DENIED. The motion fails to meet the requirement of the statute to show "new or different facts, circumstances, or law....

Excerpt: ...ows: Defendants Francisco Gonzalez and Noemi Apodaca Gonzales' Motion for Award of Attorneys' Fees against Plaintiffs Robert Golden and Nicole Golden, is GRANTED, subject to a reduced hourly rate of $450 per hour and a reduction of time to 190 attorney hours, for a net attorneys' fee award of $85,500. The Court finds that Plaintiffs did not comply with the requirements under the residential sales contract to mediate this matter before proceeding ...

Excerpt: ... to Category 6, the motion is granted only to the extent that production of responsive materials shall be subject to a protective order limiting the use and disclosure of any produced materials. The parties are ordered to meet and confer regarding a stipulated proposed protective order and to submit one to the court for approval. Discussion: Code Civ. Proc., S1987.1(a) provides: " If a subpoena requires the attendance of a witness or the producti...

Excerpt: ...it has jurisdiction to enforce the settlement agreement. It does not appear from the register of actions that the parties ever filed or otherwise presented to the court their settlement agreement, which included their agreement that the court retain jurisdiction under CCP 564.6. Instead, a notice of settlement was filed and a request for dismissal was subsequently filed and entered. Sayta v. Chu (2017) 17 Cal .App.5th 950 appears to be directly o...

Excerpt: ...5, 9, 12, 21, 28, and 29. The following facts are disputed but nonetheless established: 3, 6, 8, 10, 14, 15, 18, 19, 20, 24, and 27. The following facts are disputed and not established: 7, 11, 13, 15, 17, 22, 23, 25, 26, and 30. As a preliminary matter, Plaintiff's separate statement fails to set forth headings as required by California Rules of Court, rule 3.1350(b). The court exercises its discretion to overlook this procedural defect in this ...

Excerpt: ...).) Since Plaintiff has not opposed the motion, he failed to show a probability of prevailing. In any event, the face of the complaint, exhibits attached thereto, and Defendant's evidence strongly suggest that Plaintiff cannot establish a likelihood of prevailing. The litigation privilege bars the claims arising from the allegedly false statements. The allegations related to the video are not actionable as either a violation of Civil Code section...

Excerpt: ...n December 29, 2023. Background: This is an action for breach of contract related to a loan. Plaintiff filed the complaint on 8/11/23. On 9/26/23, Defendant served an unfiled answer on Plaintiff. Plaintiff's counsel believed it was deficient, and commenced "meet and confer" efforts with defense counsel. On 10/4/23, Defendant filed a different unverified answer containing denials and affirmative defenses but did not serve it on Plaintiff. On 11/14...

Excerpt: ...vision, indica
Ÿng only that a student “may” be liable for fees and costs if the student fails to repay the loan, is in the nature of a cau
Ÿonary admonishment and not an enforceable a
©orney's fees provision. The use of the permissive “may” suggests that condi
Ÿons would apply to recovery of the costs and fees, but those condi
Ÿons are not iden
ŸÞed anywhere in the contract. The Court notes that recovery of costs to a prevailing p...

Excerpt: ...dant Bee Investment, Inc.'s Motion to Compel Cross-complainant Tsutomo Kagoshima's Further Responses to Special Interrogatories, Set One, is MOOT. However, the Court orders Cross-complainant Tsutomo Kagoshima to pay Cross-Defendant Bee Investment, Inc.'s counsel monetary sanctions in the amount of $540 by January 5, 2024. 1. The motion to compel is moot; the request for sanctions is not Cross-Defendant Bee Investment, Inc. ("Bee"), moves for an o...

Excerpt: ...r the court's review or any entitlement to review under a motion for reconsideration. Plaintiffs have failed to identify any new or different facts, circumstances, or laws that could not have been presented to the court earlier. Plaintiffs filed their first motion for reconsideration on September 8, 2023. On October 16, 2023, the court denied that motion on the following grounds: (1) the court has no jurisdiction to rule on the motion for reconsi...

Excerpt: ...ition, including concerning the alleged lack of evidence that Plaintiff signed the Dispute Resolution Agreement. (See Alliant Ins. services, Inc. v. Gaddy (2008) 159 cal.App.4th 1292, 1307-1308; sprunk v. Prisma LLC (2017) 14 Cal.App.5th 785, 794.) There is adequate foundation for the statements made in Shin's Reply Declaration at '195-6. Plaintiffs other evidentiary objections are also overruled. The Court intends to grant Defendants' Motion to ...

Excerpt: ...�) moves for an order (i) compelling Cross-Complainant M & Tony's Touch, Inc.'s (“M & Tony”) further responses to special interrogatories (set no. 1); and (ii) awarding Bee $2,620 in sanc
Ÿons against M & Tony. On November 16, 2023, M & Tony Þled a “No
Ÿce of Service of Response in Lieu of Opposi
Ÿon…” to Bee's mo
Ÿon, in which M & Tony (a) indicated that it had served Bee with veriÞed further responses to the subject special inte...

Excerpt: ...ng: Plaintiff American Express National Bank's Motion to Vacate the Conditional Dismissal and Enter Judgment Pursuant to Code of Civil Procedure Section 664.6 is GRANTED. For good cause shown, relief is proper per Code of Civil Procedure section 564.5. Judgment is entered jointly and severally against Defendants Hector Galindo and Hg Tools, LLC in the amount of $32,015.61. Order and Judgment signed this date. Moving party to give notice of the Co...

Excerpt: ...he description of work performed by each class representative is generic enough that the exact same description is used for representatives. It is unclear why an award of $10,000 is warranted, and no updated declarations were provided. The Court did not previously flag this as an issue, so if the parties wish to contnue the hearing and prov-ded updated declarations, the Court can accommodate that request. Otherwise the Court intends to award $5,0...

Excerpt: ...ents in Response to Plaintiff's First Set of Document Requests is DENIED. The motion is untimely pursuant to Code of Civil Prc„cedure section 2031.310, subdivision (c). Additionally, the meet and confer was inadequate and the separate statement was defective. a. The motion is untimely. Ctxle of Civil Procedure section 2031.310, subdivision (c) provides: "[u]nless notice of this motion is given within 45 days of the service of the verified respo...

Excerpt: ...98, the only published state court case that had dec:ided the arbitrability of a nearly identical arbitration clause under similar circumstances at that time. Since then, other decisions have been published disagreeing with and/or critiquing Felisilda. Plaintiff moved on July 12, 2023 for the Court's reconsideration of its ruling granting the motion to arbitrate based on new cases disagreeing with Felisilda. The Court denied Plaintiff's request, ...

Excerpt: ... a participant or beneficiary to recover benefits due under the terms of the plan, to enforce rights under the terms of the plan, or to clarify rights to future benefits under the terms of the plan. (29 U.S.C.A. S 1132, subds. The Court intends to overrule the demurrer to the extent it is based on Code Civ. Proc., S 430.10, subd. (b) as there is no argument or indication that plaintiff lacks the legal capacity to sue. The Court intends to overrul...

Excerpt: ...(3) Defendant's Motion to Have Matters Deemed Admitted, and $960 in sanctions. (4) Defendant's Motion to Compel Responses to Special Interrogatories, and $960 in sanctions. (unopposed) Tentative Rulings: The Court intends to rule as follows: Defendant Casey Dean Pfankuchen's Motion to Compel Plaintiff Ulises Reyna's Responses to Form Interrogatories (Set One) is unopposed and is GRANTED. Defendant's Motion to Compel Plaintiff's Responses to Speci...

Excerpt: ...pany's complaint in Allied v. Edwards, 55-2016 -W477571-CU-lC-VTA. Tentative Ruling: The Court intends to deny the motion for summary adjudication of the fourth issue, going to the second cause of action in Allied's complaint filed in case no. 201500477571 on 1/25/16. Defendants have failed to meet their burden of demonstrating that Allied will be unable to establish one of the elements of the cause of action or that they have a complete defense ...

Excerpt: ...ond amended Cll (opposed) Tentative Ruling: The Court intends to overrule Defendants in Intervention's Demurrer to the Second Amended Complaint In Intervention's third cause of achon for express contractual indemnity. Background: Complaint for breach of contract, conversion, UCL, and account stated filed by Nancy Faries, as trustee for Cyril L. and Nancy L Faries Family Trust, on 5/25/22. After a demurrer and motion to strike were filed, a First ...

Excerpt: ... Water Quality Control Board, Los Angeles Region ("Regional Board") (opposed) (3) Joinder to the motion to dismiss and the demurrer by Real Party In Interest The Boeing Company ("Boeing") Tentative Rulings: Boeing's joinder is GRANTED. DTSC's motion to dismiss is GRANTED. Plaintiffs failed to timely file a request for a hearing pursuant to Public Resources Code section 21157.4. No separate request for hearing was filed in the first 90 days of thi...

Excerpt: ...sly sued as Sares Regis Management Co. LLC ("Sares") is DENIED. There is a factual dispute as to whether Knolls and Sares had knowledge of the dangerous propensity of the dog prior to the incident giving rise to Plaintiff's claims. Plaintiff proffered testimony of a witness who claims he notified property management of both the dangerous propensity of the dog and identifying information about the owner of the dog prior to the incident in this cas...

Excerpt: ...33, 34, 35, 36, 27, 38, 39, 40, 41, 42, 43, 44, and 45. Defendants' Material Facts that are undisputed, but not established: LIMF No. 9. Defendants' Material Facts that are disputed, but otherwise established: LIMF Nos. 8, 10, 20, and 27. This case involves a cause of action for against defendants, Francisco and Noemi Apodaca Gonzalez, and the Gonzalez's real estate broker, Richard Ballard dba RE Ballard Company. The gravamen of this action is Pl...

Excerpt: ...ke the delayed discovery rule such that the claim is not necessarily barred by the statute of limitations. Moreover, the cause of action is pled with the required level of specificity, and the facts alleged establish an adequate transactional relationship giving rise to a duty to disclose. The Defendant's Motion to Strike is denied because the FAC pleads facts sufficient to support a claim for punitive damages on the basis of fraud, malice, and/o...

Excerpt: ...ndant order to provide service of the new date and time forthwith. Defendant failed to provide adequate notce of the moton. (Code Civ. Proc., SS 418.10, subd. (b); 1005, subd. (b).) Analysis: 1. Proof of Service Code of Civil Procedure section IIN5, subdivision (b) requires that "all moving and supporting papers shall be served and filed at least 16 court days before the hearing." This time #riod is extended by 5 days for mailing within the State...

Excerpt: ...etermination of Good Faith Settlement is GRANTED. The court finds that the settlement between Plaintiff and Cross-Defendant Topp End Enterprises, lnc„ meets the factors for finding a good faith settlement under Tech-Bilt, Inc. v. Woodward-Clyde & Associates (1985) 38 Cal.3d 488. Background: On 1/9/20, Plaintiff was contacted by a representative of Toppers Pizza to provide service for a refrigeration unit on the roof of Mission Village, LLP. Pla...

Excerpt: ...urt finds that the settlement meets the factors for finding a good faith settlement pursuant to Tech—Bilt, Inc. v. Woodward—Clyde & Associates (1985) 38 Cal.3d 488. Grounds: Defendants/Cross-Defendants/Cross-Complainants Gary Pugh and Barbara Pugh move the court for an order, pursuant to Code of Civil Procedure section 877.6, determining that the $300K settlement between Plaintiff and moving parties is made in good faith. Such a determination...

Excerpt: ...provided any new fact, circumstances or law that was previously unknown that would warrant reconsideration. The moton also fails to include the required affidavits under Code of Civil Procedure section Background: Plaintiffs filed a complaint against Defendants James E. Miller Jr., and Susan D. Miller Trustees of the Miller Trust; James E. Miller Jr, an individual and Susan D. Miller, an individual. The complaint alleged causes of action relating...

Excerpt: ...e claim submi
©ed by Pe
Ÿ
Ÿoner to the Rio School District was brought within one year of the event upon which the claim is based, and Pe
Ÿ
Ÿoner was a minor during all relevant
Ÿmes. Government Code sec
Ÿon 946.6, subdivision (c)(2) provides that the Court shall relieve the pe
Ÿ
Ÿoner from the requirements of Government Code sec
Ÿon 945.4 if the court Þnds that the applica
Ÿon to the board under Sec
Ÿon 911.4 was made within a reas...

Excerpt: ...2698 et seq regarding overtime, meal and rest breaks, minimum wage, termination pay, wage statements, etc. The parties reached settlement in June 2023. underthe Settlement Agreement, attached as Ex. 2, Defendant agrees to pay a common fund settlement of $33,000 in two installments. The Settlement Fund is inclusive of payments to the LWDA and Allegedly Aggrieved Employees, Plaintiff's Counsel Payment and Settlement Administrator Costs. No portion ...

Excerpt: ...Plaintiff, as a registered nurse, does not qual-fy as a licentiate under Bus. & Prof. Code, S and therefore does not qualify as a "health care professional" for purposes of Bus. & Prof. Code, 5510 and 5510(h) in particular. Plaintiff has not suggested that he could plead any facts which would qualify him as a "health care professional" under the statute's definition. The Court intends to overrule the demurrer to the fourth cause of action. Defend...

Excerpt: ...posed motion for attorney fees, costs and enhancement award. Moving parties shall modify the final order to indicate payment to the class administrator and the source of such payment. Background: This is a class action complaint filed on 10/10/22 arising out of a purported data breach. The class members assert causes of action for: 1) negligence; 2) negligence per se; 3) Violation of California's Consumer Records Act Cal. Bus. Code S 1798.80, et ...

Excerpt: ...acated. An order of dismissal, with prejudice, will be entered. Background: This is a limited civil achon for breach of contract. Plaintiff Professional Medical Careers Institute of California, LLC ("Plaintiff") filed the complaint on 9/23/16. The complaint alleges that Defendant breached a contract by failing to pay fees and charges for her fourth semester in nursing school. Default was entered but was set aside earlier this year. Defendant file...

Excerpt: ...terprises, Inc.'s Motion for Determination of Good Faith Settlement 30 days so that moving party can file a supplemental declaration that addresses the first, second and fourth factors under Tech—Bilt, Inc. v. Woodward—cyde & Associates (1985) 38 Cal.3d 488, 499: "a rough approximation of plaintiffs' total recovery and the settlor's proportionate liability, the amount paid in settlement ... and a recognition that a settlor should pay less in ...

Excerpt: ...t, Trustee of the T&S Bluestone Trust Dated 05/15/19 ("Plaintiff"); or, alternatively, for reconsideration of the ruling on 5/1/23 that a cross-complaint is required for Defendant to pursue affirmative defenses concerning Plaintiff's negligence Tentative Ruling: Defendant's moton for leave to file a cross-complaint is DENIED. A court may properly deny leave to file a cross-complaint where the proposed "cross-complaint was demurrable." (Glogau v. ...

Excerpt: ...scovery requests, the Court finds sufficient cause and grants the Motions. Defendants are to provide further responses, without objection, within 10 days. The Court overrules Defendants' objections on grounds that the terms "discuss," "evidence" or "relate" are overbroad or vague, finding that the requests are sufficiently particular to describe the categories of documents/information at issue. Likewise, the objection on grounds that the requests...

Excerpt: ... rule 3.1113.) Plaintiff has not asserted any ground for demurrer that is permitted under CCP section 430.20. Even if the Court overlooks these defects, Plaintiff's arguments lack merit. Defendant is granted leave to amend to correct the typographical misspelling of Plaintiff's name. Background: This is an action for breach of contract, common counts, fraud, and IIED. Defendant filed an answer on July 13, 2023, asserting a general denial and vari...

Excerpt: ...uest for a continuance to conduct discovery is denied. The Court grants the motion to quash service of summons. Analysis: On a defendant's moton to quash service of summons for lack of jurisdiction, the burden of prtnf is on the plaintiff to establish minimum contacts between the defendant and the forum. (Weil & Brown, Cal. Prac. Guide Civ. Pro. Before Trial 53:384 citing Mihlon v. Superior Court (1985) 169 Cal.App.3d 703, 710 ["[W]hen jurisdicti...

Excerpt: ...ce with service and hearing date requirements. Respondent has the burden of proof as to the validity of the lien but has not responded or offered any proof. The Court intends to grant the Petiton releasing the property from the mechanic's lien and awards $3,745.20 in fees and costs to Petitioner. Background: According to the verified Petition, Respondent Bear Plumbing & Rooter, Inc. recorded a mechanic's lien on Pettioner's property, 161 West Bow...

Excerpt: ...ff in Intervention Chartreuse Moose, Inc.'s First Amended Complaint in Intervention; and (2) Motion to Strike of Defendants in Interventon Nancy . Faries, Nancy L. Faries as Trustee for Cyril L and Nancy L. Faries Family Trust, and Phil Wolvek to Plaintiff in Intervention Chartreuse Moose, Inc.'s First Amended Complaint in Intervention Tentative Ruling: The Motion to Strike and Demurrer by Phil Wolvek is denied is moot in light of his dismissal f...

Excerpt: ...t are not authorized by the discovery statutes and they are disregarded. Defendant is ORDERED to produce its PMK for in no case later than September 22, 2023. Due to Plaintiff's failure to show gtncl cause or submit a separate statement regarding the document demands contained in the deposition notice, the Court declines to rule on the requests for of documents. Plaintiff's request for sanctons against Defendant's counsel of record is GRANTED in ...

Excerpt: ...uest for judicial notice. Future requests for judicial notce should comply with CA Rules of Court, Rule 3.1036(c) and materials from websites should be submitted and properly authenticated. The Court sustains the demurrer to the second cause of action with leave to amend. Plaintiff has failed to adequately allege a relationship/transacton giving rise to a duty to disclose the alleged defect(s) and has failed to sufficiently allege how the alleged...

Excerpt: ..., Inc.'s request for an order compelling arbitration of Plaintiffs Tristan Terry-Burciaga's and Rose Burciaga-TerrVs Complaint against it, on the grounds that Honda fails to demonstrate the existence of an agreement to arbitrate such claims and, in particular, fails to demonstrate that it is entitled to enforce the arbitration provision in the sales agreement between the dealership and Plaintiffs either as a third-party beneficiary or under the d...

Excerpt: ... the non-appearing party. Absent waiver of notice and in the event an order is not signed at the hearing, the prevailing party shall prepare a proposed order and comply with CRC 3.1312 subdivisions (a), (b), (d) and (e). he signed order shall be served on all parties and a proof of service filed with the court. A "notice of ruling" in lieu of this procedure is not authorized. 1 Motions: (1) Defendant/Cross-Defendant/Cross-Complainant Premium Outl...

Excerpt: ...er suffered or is about to suffer an injury or sufficient magnitude reasonably to assure that all of the relevant facts and issues will be adequately presented to the adjudicator. To have standing, a party must be beneficially interested in the controversy; that is, he or she must have some special interest to be served or some particular right to be preserved or protected over and above the interest held in common with the public at large. The p...

Excerpt: ...bsent waiver of notice and in the event an order is not signed at the hearing, the prevailing party shall prepare a proposed order and comply with CRC 3.1312 subdivisions (a), (b), (d) and (e). he signed order shall be served on all parties and a proof of service filed with the court. A "notice of ruling" in lieu of this procedure is not authorized. 1 Motion: Plaintiff Antelma Chavez's motion for final approval of class action settlement (Unoppos...

Excerpt: ...Absent waiver of notice and in the event an order is not signed at the hearing, the prevailing party shall prepare a proposed order and comply with CRC 3.1312 subdivisions (a), (b), (d) and (e). The signed order shall be served on all parties and a proof of service filed with the court. A "notice of ruling" in lieu of this procedure is not authorized. 1 Motion: Defendant Petco's Motion for Summary Judgment (Opposed) For purposes ofthis motion, UM...