Excerpt: ... Administrative Reco rd (“SAR”) must be included in the administrative record pursuant to Public Resources Code, section 21167.6, subdivision (e). The Court also agrees it would be unfair to allow the City to rely on the SAR when such documents were unavailable to Petitioner w hen Petitioner filed the opening brief (and were likewise unavailable to RPIs). As a result, the hearing on the merits of the petition will be continued to allow Petit...

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