Excerpt: ...vidence or error in the law, respectively. Plaintiffs did not establish irregularities in the proceedings that warrant a new trial and did not file the required affidavit in support of this argument. Plaintiffs did not establish any insufficiency in the evidence. Plaintiffs' motion does not substantively address their argument that there was any error of law. Plaintiffs have not met their burden in bringing either moton and the motions are respec...

Excerpt: ...nst the defendant and the answer does not state facts sufficient to constitute a defense to the complaint. (Code Civ. Proc., S 438, subd. (c)(1)(A)). The grounds for a motion for judgment on the pleadings 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., S 438, subd. (d)). The complaint alleges that Synchrony Bank issued a credit account to Defendant, D...

Excerpt: ...t addresses only the motion for summary adjudication at this time. The Court grants Defendants' request for judicial notce. The Court sustains Defendants' objections. UMFs 1-30 are established. The Court intends to grant the moton for summary judgment in this action by Plaintiffs Rancho Oaks Investments, LLC; Estate of Richard Winchester; Andrew Winchester, Trustee of the Winchester Family Trust (collectively, "Plaintiffs") for defense and indemn...

Excerpt: ...aiver 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 Defendant Robert C. Konop ("Defendant"), pro per, for summary judgment, or in the alt...

Excerpt: ... telefax to Judge Borrell's secretary, Tammy Brantner, at 805-477-5894, stating that pu submit on the tentative. A copy of the telefax must be sent to all opposing parties contemporaneous with transmission to the court. Please include the hearing date, the case name and case number on pur telefax. Do not call in lieu of sending a telefax, nor should you call to see if your telefax has been received. If you submit on the tentative without appearin...

Excerpt: ...d 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). 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 Defendant/cross-complainant Dr. Sumavy...

Excerpt: ...ff John Paul Voita's request for an award of prejudgment interest pursuant to Civil Code 53287(a). Plaintiff's Request for Prejudgment Interest That Allegedly Accrued Prior to the Rendering of the Jury's Verdict Is Denied Civil Code 53287(a) provdes that: "A person who is entitled to recover damages certain, or capable of being made certain by calculation, and the right to recover which is vested in the person upon a particular day, is entitled a...

Excerpt: ...bedience of Two Court Orders Com#lling Plaintiff's Compliance with Defendant's Discovery. The moton seeks terminating sanctions for Plaintiff's failure to comply with the Court's discovery orders. Terminating sanctions are an extreme remedy that should only be granted where necessary. The motion fails to establish why such extreme sanctions are necessary as it fails to address whether lesser sanctons would address any harms flowing from the viola...

Excerpt: ...ent 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 Enterprise Fleet Mangement, Inc.'s demurrer to complaint (unopposed) The Court ...

Excerpt: ...nding that the parties entered into valid agreements to arbitrate this dispute. As previously indicated, the Court finds there is a modest degree of procedural unconscionability in the agreements but that this alone does not render the agreements unenforceable. However, the Court was concerned with the substantive unconscionability that would result if the costs of arbitration were anything more than minimal since Plaintiff established that he ha...

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). 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 TENTATIVE RULING RE: continued Hearing on Motion for summary Judgment or alternatively Summary A...

Excerpt: ...l 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). 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/cross-complainant S...

Excerpt: ...ka Anuradha Aurora) is DENIED. Code of Civil Procedure section 484.090 provides that writ of attachment should issue if the Court finds the following: (1) The claim upon which the attachment is based is one upon which the attachment may be issued; (2) Plaintiff has established the probable validity of the claim upon which the attachment is based; (3) The attachment is not sought for a purpose other than the recovery upon the claim which the attac...

Excerpt: ... Court does not consider at this stage how plausible the allegatons are or whether there is evidence that supports the allegations. The Court must limit its review to the determination of whether what is alleged, with reasonable inferences drawn in Plaintiff's favor, is suffcient to state a cause of action. Plaintiff has adequately alleged a conspiracy to commit a civil wrong or tort by Defendants. While a conspiracy must be pled with specificity...

Excerpt: ...n in-person deposition would be detrimental or harmful to Plaintiff. Instead, Plaintiff submitted only the declaration of counsel, which lacked foundation for the statements concerning Plaintiff's needs. The Court is not persuaded that the deposition cannot take place in person. Nonetheless, the Court is sensitive to the fact that the deposition of a minor (here, a 7-year-old boy with a mental disability) may be an intimidating or stressful exper...

Excerpt: ...that Defendants generally failed to comply with Rule of Court 3.1354(b). For the purposes of this Motion only, Defendants' undisputed Material Facts ("UMFs") Nos. 3, 96, 98, 109, and 145 are disputed and established. UMFs Nos. 14, 17, 20, 49, 51, 57, 58, 72, 78, 80, 87, 95, 102, 103, 104, 105, 106, 107, 116, 117, 121, 122, 125, 139, 146, 147, 148, 149, and 151 are disputed and not established. All remaining UMFs are undisputed. For the purposes o...

Excerpt: ...Cross-Defendant Central Coast Vascular, lnc„ for Summary Adjudication is granted in part and denied in part. Summary adjudication is granted as to the 10th cause of action for retaliation pursuant to Government Code section 12653. To assert a claim of retaliation as a whistleblower under this statute, the complaining party must have made a complaint tothe State of California or a politcal subdivision thereof. This is made clear by the plain lan...

Excerpt: ...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 (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. This is an employment class action c...

Excerpt: ...urt at [email protected] or by fax to Judge McKaig'ssecretary at 805-477-8790. If a party submits on the tentative decision without appearing, but another party appears, the hearing 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 prepareaproposed order and comply with CRC 3.1312 subdivisions (a), (b), (d) and (e)...

Excerpt: ...il the Court at [email protected] or by fax to Judge McKaigIssecretary at 805-477-8790. If a party submits on the tentative decision without appearing, but another party appears, the hearing 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 prepareaproposed order and comply with CRC 3.1312 subdivisions (a), (b), (d...

Excerpt: ...t on a tentative decision, e-mail the Court at [email protected] or by fax to Judge McKaig'ssecretary at 805-477-8790. If a party submits on the tentative decision without appearing, but another party appears, the hearing 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 prepareaproposed order and comply with CRC 3...

Excerpt: ...ubmit on a tentative decision, e-mail the Court at [email protected] or by fax to Judge McKaig'ssecretary at 805-477-8790. If a party submits on the tentative decision without appearing, but another party appears, the hearing 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 prepareaproposed order and comply with C...

Excerpt: ...ision, e-mail the Court at [email protected] or by fax to Judge McKaig'ssecretary at 805-477-8790. If a party submits on the tentative decision without appearing, but another party appears, the hearing 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 prepareaproposed order and comply with CRC 3.1312 subdivisions (...

Excerpt: ... Court at [email protected] or by fax to Judge McKaig'ssecretary at 805-477-8790. If a party submits on the tentative decision without appearing, but another party appears, the hearing 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 prepareaproposed order and comply with CRC 3.1312 subdivisions (a), (b), (d) and ...

Excerpt: ...on, e-mail the Court at [email protected] or by fax to Judge McKaig'ssecretary at 805-477-8790. If a party submits on the tentative decision without appearing, but another party appears, the hearing 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 prepareaproposed order and comply with CRC 3.1312 subdivisions (a),...