Excerpt: ...hed except N os. 34, 36 (as to tire marks only) and 39. Plaintiff Michelle Christopherson's Alleged Material Facts: Plaintiff's Additional Material Fact Nos. 1, 2, and 3 are disputed but established in part. The City admits there were no inspections on the date of the alleged accident, but the characterization of the lack of inspections as “unreasonable” by Plaintiff is disputed. It is established only that the City conducted no inspections o...

Excerpt: ... Tentative R uling: The Court grants the motions in part, subject to a finding by the jury that there is a legal basis to award punitive damages against Defendants Spence and White. Plaintiffs Mark Douglas and Matthew LaPointe bring identical motions seeking an order compelling Defendants Stephen White and Brian Spence to comply with notices to attend trial and produce documents pursuant to Code of Civil Procedure section 1987, subdivision (c). T...

Excerpt: ... passed. Pla intiffs did not ask the Court for leave to submit a late opposition to the motion, a fact that was pointed out to Plaintiffs' counsel at the hearing on the ex parte application. The ex parte application to continue the trial date and the hearing on the motion for summary judgment was denied without prejudice because Plaintiffs' application failed to establish good cause; among other issues, while Plaintiffs discussed a general topic ...

Excerpt: ...nds for a motion to strike shall appear on the face of the challenged pleading or from any matter of which the court is required to take judicial notice.” (Code Civ. Proc., § 437.) Attorney's Fees Plaintiff John CJ Doe (“Plaintiff”) acknowledges that he is not entitled to attorneys' fees pursuant to Code of Civil Procedure section 1021.4 as to SVUSD. SVUSD's motion is GRANTED as to Section 1021.4. Plaintiff argues that Plaintiff is entitle...

Excerpt: ...for negligen ce is based on Government Code sections 815.2 and 815.4. However, as presently pled the first cause of action appears to be based solely on allegations that the City and/or Doe Defendants negligently constructed/ repaired/operated/managed its streets so as to create a dangerous condition. (See SAC, ¶¶, 6 -8, 14 -19.) Thus, Plaintiff has failed to provide a statutory basis for municipal liability because the supporting allegations a...

Excerpt: ...ve to File A mended Answer is granted. Defendants SPARC Group, LLC and Nautica Retail USA, LLC may file and serve their First Amended Answer no later than July 7, 2025. Notice to be provided by Defendants. Analysis: The Complaint was filed on July 2, 2024, by Plaintiff Aldo Grande (“Plaintiff”) against Defendants SPARC Group, LLC, Nautica Retail USA, LLC, Luis Romero and Luz Barbera (“Defendants”), pleading causes of action for (1) disabi...

Excerpt: ...erit are signed un der penalty of perjury as required by Code Civ. Proc., § 2015.5. The motion to strike is denied as moot in light of the ruling on the demurrer. Grounds: Cross - defendant Fred Heathcote (“Heathcote”) demurs to the entire FAXC on the ground that no proper Certificate of Meritorious Cause has been filed. The motion to strike is made on the same basis. Cross complainants filed a late opposition arguing that they cured any def...

Excerpt: ... to strike is DE NIED. Background: This action arises from the allegedly erroneous classification of a residential unit as low income housing. On March 28, 2025, Plaintiff filed a “VERIFIED PETITION FOR DECLARATORY RELIEF; NO AFFORDABILITY RESTRICTION ON TITLE, MEMORANDUM OF POINTS AND AUTHORITIES. DECLARATION OF CAROLA L. BUHAY.” Defendant Housing Authority of the City of San Buenaventura, erroneously sued as Ventura Housing Authority (“HA...

Excerpt: ... Ruling: Def endant Victoria Ruffin's Motion to Bifurcate the Punitive Damages Phase of Trial and/or in the Alternative, For Hearing Pursuant to Evidence Code Section 402 is GRANTED in part and DENIED in part. Defendant's request to sever the issue of liability for punitive damages from the liability and damages phase of trial is DENIED. (Civ. Code, 3295, subd. (d).) However, the Court will bifurcate the issue of the amount of punitive damages, i...

Excerpt: ...tive Rulings: W rit of Possession: The Court finds that MBFS has met the requirements for a writ of possession and the application is GRANTED to the extent it seeks an order for writ of possession of the Vehicle. No undertaking is required to be posted by MBFS. Cross -Defendant Sonkey may stay MBFS from taking possession with a redelivery undertaking in the amount of $122,000. Cross - Defendant Sonkey's motion for stay of application for writ of ...

Excerpt: ...n is GRANTED . (Code Civ. Proc., § 2032.240, subd. (b).) Plaintiff shall appear for her rescheduled independent medical examination with Dr. Tchejeyan at his office in Thousand Oaks on June 12, 2025. Defendant's request for monetary sanctions is GRANTED in the amount of $2,351.59 to be paid by Plaintiff and her counsel of record, jointly and severally. The proposed order will be signed on this date. Counsel for the moving party to give notice of...

Excerpt: ...rney's Fees and Costs Pursuant to Code of Civil Procedure section 2033.420 From Plaintiff DermaSweep, Inc. in the Amount of $143,108 is DENIED. Background: The SAC alleged causes of action for (1) breach of oral contract, (2) conversion, (3) misappropriation of trade secrets, (4) promissory estoppel, (5) unjust enrichment, (6) declaratory relief, (7) accounting, (8) negligence, and (9) violation of the Uniform Trade Secrets Act [Civ. Code §§ 32...

Excerpt: ...t Respondent be ordered to pay its attorney's fees and costs. There is no opposition. “The owner of property or the owner of any interest in property subject to a claim of lien may petition the court for an order to release the property from the claim of lien if the claimant has not commenced an action to enforce the lien within the time provided in Section 8460.” (Civ. Code, § 8480, subd. (a).) “An owner of property may not petition the c...

Excerpt: ...s not issued a tentative ruling as to the second motion, as the issues in the motions overlap and the parties should be able to rely on this tentative ruling to prepare for the hearing. Evidentiary Objections: Defendants' objections are overruled. Undisputed/Disputed Material Facts: For purposes of this motion only, the following are the undisputed/disputed material facts: Issue 1 and Issue 2 Undisputed and Established: 1-2, 9, 13, 17, 20 -21, 24...

Excerpt: ... pleading wit hin 30 days of this order. Notice to be provided by the clerk. Analysis: The Complaint by Plaintiff Bank of America, N.A. (“Plaintiff”) seeks to collect a debt against Defendant Syeda S. Zia (“Defendant'), pleading a cause of action for common counts. On March 21, 2025, Plaintiff filed a Proof of Personal Service of the Summons and Complaint. On April 1, 2025, pro per Defendant filed this Motion to Quash Service of Summons. De...

Excerpt: ...ces of the l itigation, and given the high number of billers on the case, the Court awards reasonable attorney's in the reduced amount of $22,410. The Court denies the request for a lodestar multiplier and denies Nissan's request for a negative multiplier. The Court allows the full requested costs/expenses of $3,483.07. Analysis: This action arises out of the purchase of vehicle, which the parties settled. Plaintiff's counsel seeks attorney's fee...

Excerpt: ...Declaration from Plaintiff's Counsel and any appropriate documentation addressing the discrepancy between the PAGA Penalty allocation in paragraph 3.2.3 of the Settlement Agreement and the allocation amount stat ed in the Motion and Proposed Order, ¶ 8. Additionally, the Court assigns this case to Department J4, Judge Charmaine Buehner, for all purposes, effective immediately. Plaintiff is ordered to provide notice of this ruling and the reassig...

Excerpt: ...o Compel Def endant FCA US, LLC's Further Responses to Plaintiff's Requests for Admissions (Set One) is DENIED. Plaintiff's request for sanctions is DENIED. Counsel for the moving party to give notice of the Court's ruling. Analysis: This lemon law action concerns Raul Heredia's (the “Plaintiff”) purchase of a 2021 Jeep Wrangler 4xe. Plaintiff is seeking to compel Defendant's further responses to RFPs and RFAs. The relevant facts are: On Octo...

Excerpt: ...must be included in the separate statement. Defendant submitted new evidence in its reply brief, which was unnecessary to the Court's decision and inappropriate given that the evidence was not included in Defendant's separate statement as required by statute. The Court disregards new evidence included in the reply. For the purposes of this motion only, the Court finds that defendant Defendant's Undisputed Material Facts (“UMF”) Nos. 1, 2, 4, ...

Excerpt: ...the requisite in formation as to when the alleged new facts in the proposed supplemental cross -complaint occurred and/or were discovered. (Code Civ. Proc., § 464; Cal. Rules of Court, rule 3.1324.) Moving parties to provide notice. Background: The Complaint was filed on November 21, 2023, by Plaintiff Oaknoll Condominium Association (“Plaintiff”) against Defendant Dale Menagh (“Defendant”), pleading causes of action for (1) Enforcement ...

Excerpt: ... vehicle accident. O n November 25, 2020, Defendant filed an Answer to the Complaint. On April 14, 2022, the parties appeared for a Mandatory Settlement Conference and no settlement was reached. Counsel were ordered to submit a stipulation and order to set jury trial. There were no further events in the case until the Court, on January 29, 2025, scheduled a Trial Setting Conference for March 12, 2025. On February 7, 2025, Defendant Komski filed t...

Excerpt: ...tively, to S tay It Pending Arbitration (Opposed) Tentative Ruling: The Court denies Defendants Diversified Restaurant Group, LLC's, Angel City Bell, LLC's, and Mauricio Huerta's request for an order compelling arbitration of the claims in Plaintiff Dulce Sofia Gonzalez Flores' Complaint and dismissing or staying this action, on the grounds that (i) Defendants fail to either submit a copy of the alleged arbitration agreement or quote its material...

Excerpt: ...-Complainant D ale Menagh's Motion To Deem House Masters, Inc.'s responses to Request for Admissions, Set One Admitted and Request for $3,240.00 in Monetary Sanctions (opposed). Tentative Rulings: Defendant and Cross -Complainant Dale Menagh's Motion to Compel House Masters, Inc.'s responses to Request for Production of Documents and Request for $3,240.00 in Monetary Sanctions is denied as responses have now been served. Defendant and Cross -Comp...

Excerpt: ... Defendant V ictoria Ruffin moves for summary adjudication of three specified issues: (1) that Plaintiff Jane Doe 1 is prohibited from pursuing punitive damages against Ruffin under a negligence theory as a matter of law; (2) that the 2nd Amended Complaint is devoid of factual allegations against Ruffin satisfying the “clear and convincing” standard for punitive damages; and (3) that Ruffin is immune from any personal liability for negligence...

Excerpt: ...upport a cause o f action for Intentional Infliction of Emotional Distress. The allegations Plaintiff's opposition fails to identify and additional facts that could be pled to cure the deficiencies in her claim. The elements of IIED under California law are: (1) extreme and outrageous conduct by the defendant with the intention of causing, or reckless disregard of the probability of causing, emotional distress; (2) the plaintiff's suffering sever...