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...

Excerpt: ... As a threshold matter, plaintiff/Judgment Creditor should supplement the record to address the issue of notice. The address used for the summons and complaint served on Defendant Michael William Mobley in August 2021 was an address on Faria Rd in Ventura. Prior to that, in June 2021, the application for right to attach was served on Mr. Mobley at an address on Briarcliff Circle in Ventura. Then in October 2022, Mr. Mobley was served with discove...

Excerpt: ... not signed at the hearing, the prevailing party shall prepare a proposed order and comply with CRC 3.1312 subdivisions (b), (d) and (e). he signed order shall be served on all parties and a prtnf of service filed with the court. A "notice of ruling" in lieu of this is not authorized. 1 Motons: 1. Defendants Ronald G. Whiteman, Esq. and Ronald Whiteman's Demurrer to the Complaint (unopposed) 2. Defendants Ronald G. Whiteman, Esq. and Ronald White...

Excerpt: ...n July 21, 2023. This is a PAGA action for FEHA violations, wage and hour claims, and wrongful termination against Defendant Westchase Mini Suites, LLC dba Best Western Plus Thousand Oaks ("Defendant"). With respect to the PAGA wage and hour claims, the original complaint incorporates by reference Plaintiffs' PAGA notice to the LWDA. That notce states that the violations against Plaintiffs and other aggrieved employees occurred "throughout their ...

Excerpt: ... motion as to Plaintiff Mary Shafer. Defendant shall file and serve a crosscomplaint that conforms with this ruling forthwith. Defendant to give notice. Discussion: The court may, in its discretion, after notce to the adverse party, allow, upon any terms as may be just, an amendment to any pleading. (Code Civ. Proc., S 473, subd. (a)). The court's discretion will usually be exercised liberally to permit amendment of the pleadings. (Nestle v Santa...

Excerpt: ...sent 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: Motion to Strike Punitive Damages from FAC (Unopposed) The Court intends to rule as follo...

Excerpt: ...ll be conducted in the absence of 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). 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: Plaintiff's Motion to Compe...

Excerpt: ...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: By Plaintiffs Sergio üJpez Flores and Carolina Lopez (collective...

Excerpt: ...earing will be conducted in the absence of 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 (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 Moton: Plaintiff's Motion to Com...

Excerpt: ...ative, Motion for Summary Adjudication is GRANTED in part and DENIED in part. The Motion for Summary Judgment is granted as to Cross-Defendants J&S Restaurants and William Jonker. The Mohon for Summary Adjudication as to Cross-Defendant Top End Enterprises, Inc., is DENIED as to the 1st cause of action but GRANTED as to the 2nd cause of action. For purposes of this motion only, the following facts are undisputed and established: Fact Nos. 1-16, 1...

Excerpt: ...d in the event an order is not signed at the hearing, the prevailing party shall prepare a proposed order and comply with CRC3.1312 subdivisions (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 Motons: (1) Plaintiff Bauer Hockey, LLC's, successor in interest to Bauer Hockey Inc., motion to tax and strike memorandum of c...

Excerpt: ...pearing 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 Motion: Motion by Plaintiff Steven Scouten ("Plaintiff") for issue and/or eviden...

Excerpt: ...ce 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: Plaintiff Jeremy Lucero's motion for preliminary approval of class action settlement. (unopposed) The Court...

Excerpt: ...pearing 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 Motion: Defendant's motion to compel arbitration and for order staying proceedin...

Excerpt: ..., the tentative will be adopted by the Court. 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. Motion: Plaintiffs Ernie Mansi and Aldersgate Inve...

Excerpt: ...nt 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: Plaintiff Discover Bank's Motion for Summary Judgment or in the alternative, for Summary A...

Excerpt: ...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 Motion: Motion by Defendants Hyundai Motor America ("HMA" or "Hyundai") an...

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). 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: Plaintiffs' (1) Motion for Final Approval of Class Action and PAGA Settlements; and (2)...