Excerpt: ...�nds that the mandatory relief provision applies in this instance where the action was dismissed following Plaintiff's failure to oppose the underlying demurrer or file an amended complaint within the time allowed by the Court. (See Pagnini v. Union Bank, N.A. (2018) 28 Cal.App.5th 298.) Plaintiff's counsel, Mainak D'Attaray, has submitted an attorney declaration of fault. However, the Court finds that this declaration lacks credibility. Furthe...

Excerpt: ...e a Notice a s well as the Motion fails to state the basis for the motion and the relief sought. Plaintiff also seeks monetary sanctions of $3,615.00 pursuant to Code Civ. Proc., § 2030.290 (interrogatory 17.1) and § 2033.290 (RFAs). Code Civ. Proc., § 2023.040, provides further: A request for a sanction shall, in the notice of motion, identify every person, party, and attorney against whom the sanction is sought, and specify the type of sanct...

Excerpt: ...erminating Sanction. (Laguna Auto Body v. Farmers Ins. Exchange (1991) 231 Cal.App.3d 481, 487; Deyo v. Kilbourne (1978) 84 Cal.App.3d 771, 796- 797.) Plaintiff has failed to comply with the Court's November 6, 2023 Order. In light of Plaintiff's continuing pattern of evasiveness, the Court finds that no less severe sanction would be effective under the circumstances. No additional monetary sanctions will be awarded as a terminating sanction is ...

Excerpt: ...ment. The C OURT'S only reservation in granting approval is that a copy of the proposed Class Notice (“Exhibit A to executed Settlement Agreement”) was not included with the Executed Settlement Agreement. As the Court wants to review the notice, a brief continuance of the hearing is probably appropriate. A hearing on final approval of the class action settlement is set on __________ (most likely set for a 3 -month date the timeframes for not...

Excerpt: ...20 days of the date of the notice of ruling. The Complaint was filed on January 12, 2024, by Plaintiffs Joseph Jimenez and Rosemary Perez (“Plaintiffs”) against Defendant Janell Beck (“Defendant”) for breach of contract. The Complaint alleged that Plaintiffs and Defend ant entered into a Residential Purchase Agreementa and Private Financing Terms Agreement. Following delays with the Probate Court and financing for the purchase, Plaintif...

Excerpt: ...ions of Camari llo, Inc.'s, and Donna Sims' request for judicial notice. The Court grants in part, and denies in part, Plaintiff Ryan Padilla Aguilar's request for an order quashing the subpoena for education records issued by Bio -Medical Applications of California, Inc. to United States University. The Court limits the subject subpoena as follows: (a) the introductory language regarding “any and all academic records pertaining to [Plaintiff]�...

Excerpt: .... If you intend to appear by CourtCall, you must make arrangements with CourtCall by 4:00 p.m. the day before your scheduled hearing. Requests for approval of a CourtCall appearance made on the morning of the hearing will not be granted. No exceptions will be made. With respect to the tentative ruling below, no notice of intent to appear is required. If you wish to submit on the tentative ruling you can fax notice to Judge Coats's secretary, ...

Excerpt: ... denied the same motion on June 1, 2022. The instant motion is an improper motion for reconsideration/renewed motion that fails to address the Court's prior denial of the motion. (Code Civ. Proc., § 1008). Further, once again, Defe ndant Levoy failed to meet her burden of showing that the settlement is in good faith under Tech –Bilt, Inc. v. Woodward – Clyde & Associates (1985) 38 Cal.3d 488, 499, by failing to show that the rough approximat...

Excerpt: ...rial Facts: 2 -3, and 5 -6 Defendant City of San Buenaventura's Motion for Summary Judgment is GRANTED. The Court finds that the defect in this case was trivial as a matter of law. (Huckey v. City of Temecula (2019) 37 Cal.App.5th 1092.) Plaintiff testified during depos ition that at the time of the incident, there existed a deviation of ¼ of an inch to 3/8 of an inch. (DF 4.) There were no aggravating circumstances that would have impeded Pla...

Excerpt: ...e tentat ive decision, you may notify the court by email to [email protected]. Please include the hearing date, the case name and case number in the message. You must include all counsel and self -represented parties on your message. The court wil l not respond to your email. Do not use this email address for any other purpose without the court's express permission. Do not include the court in any email communications between coun...

Excerpt: ...Call, call i n no later than 8:30 a.m. If you intend to appear by CourtCall, you must make arrangements with CourtCall by 4:00 p.m. the day before your scheduled hearing. Requests for approval of a CourtCall appearance made on the morning of the hearing will not be gra nted. No exceptions will be made. With respect to the tentative ruling below, no notice of intent to appear is required. If you wish to submit on the tentative ruling you can fax n...

Excerpt: ...intend to ap pear by CourtCall, you must make arrangements with CourtCall by 4:00 p.m. the day before your scheduled hearing. Requests for approval of a CourtCall appearance made on the morning of the hearing will not be granted. No exceptions will be made. With respec t to the tentative ruling below, no notice of intent to appear is required. If you wish to submit on the tentative ruling you can fax notice to Judge Coats's secretary, Ms. McI...

Excerpt: ...decision, you may notify the court by email to [email protected]. Please include the hearing date, the case name and case number in the message. You must include all counsel and self -represented parties on your message. The court will not respon d to your email. Do not use this email address for any other purpose without the court's express permission. Do not include the court in any email communications between counsel. Do not c...

Excerpt: ...If appearing by CourtCall, call in no later than 8:30 a.m. If you intend to appear by CourtCall, you must make arrangements with CourtCall by 4:00 p.m. the day before your scheduled hearing. Requests for approval of a CourtCall appearance made on the morning of the he aring will not be granted. No exceptions will be made. With respect to the tentative ruling below, no notice of intent to appear is required. If you wish to submit on the tentative ...

Excerpt: ...all but is not eq uipped for Zoom. If appearing by CourtCall, call in no later than 8:30 a.m. If you intend to appear by CourtCall, you must make arrangements with CourtCall by 4:00 p.m. the day before your scheduled hearing. Requests for approval of a CourtCall appearance made on the morning of the hearing will not be granted. No exceptions will be made. With respect to the tentative ruling below, no notice of intent to appear is required. If yo...

Excerpt: ... filed on 3/29/24. Trial call is set for 6/4/24. Declaration of attorney Laura D' Anna suggests that phone calls and letter(s) were sent in an attempt to resolve the matter. Plaintiff claims that defendant's answer when combined with the court's order deeming p laintiff's request for admission admitted entitle it to judgment on the pleadings. Plaintiff asks the court to grant the motion and enter judgment against defendant, in the amount of ...

Excerpt: ...e moving pap ers was effectuated on Redapple Digital Health, Inc. in compliance with California Rules of Court, rule 3.1346. Failure to comply with the statutory notice requirements deprives the court of jurisdiction to do anything but deny the requested relief. (See L ee v. Placer Title Co. (1994) 28 Cal.App.4th 503, 509- 510.) Second, this Motion fails on its merits. Plaintiff has failed to make any showing of good cause in support of her Motio...

Excerpt: ...sion, yo u may notify the court by email to [email protected]. Please include the hearing date, the case name and case number in the message. You must include all counsel and self -represented parties on your message. The court will not respond to your email. Do not use this email address for any other purpose without the court's express permission. Do not include the court in any email communications between counsel. Do not call ...

Excerpt: ...ter than 8:30 a.m. If you intend to appear by CourtCall, you must make arrangements with CourtCall by 4:00 p.m. the day before your scheduled hearing. Requests for approval of a CourtCall appearance made on the morning of the hearing will not be granted. No exceptions will be made. With respect to the tentative ruling below, no notice of intent to appear is required. If you wish to submit on the tentative ruling you can fax notice to Judge Coats&...

Excerpt: ... No notic e of intent to appear is required. If you wish to submit on the tentative decision, you may notify the court by email to [email protected]. Please include the hearing date, the case name and case number in the message. You must include all counsel and self -represented parties on your message. The court will not respond to your email. Do not use this email address for any other purpose without the court's express permiss...

Excerpt: ... The Court allow s appearances by CourtCall but is not equipped for Zoom. If appearing by CourtCall, call in no later than 8:30 a.m. If you intend to appear by CourtCall, you must make arrangements with CourtCall by 4:00 p.m. the day before your scheduled hearing. Requests for approval of a CourtCall appearance made on the morning of the hearing will not be granted. No exceptions will be made. With respect to the tentative ruling below, no notice...

Excerpt: ...e as matters on the law and motion calendar. Parties appearing by Court Call must check in with the Judicial Assistant by 8:10 a.m. No notice of intent to appear is required. Parties wishing to submit on the tentative decision must so notify the Court by e - mail at Co [email protected] or by fax to Judge Guasco's secretary at (805) 477 -5892. Do not call in lieu of sending an e -mail or fax. If a party submits on the tentative ...

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: ...tion costs and litigation costs is GRANTED. (Cal. Rules of Court, rule 3.769 et seq. and Dunk v. Ford Motor Co. (1996) 48 Cal.App.4th 1794, 1802.) Order and Judgment signed and filed this date. This action commenced May 10, 2022, as a wage and hour, PAGA action. Defend ant answered on July 13, 2022. A first amended complaint was filed July 13, 2022. The parties reached a settlement agreement after arms -length negotiations facilitated by a med...

Excerpt: ...nwich Insur ance Company's (“Greenwich”) request for judicial notice is GRANTED in its entirety. Defendant Greenwich's request for an order compelling third- party Marina Reingold's compliance with the subject document subpoena dated October 3, 2024, is GRANTED; and M arina Reingold is ORDERED to serve Greenwich's counsel, by no later than June 20, 2024, with all non- privileged documents responsive to request for production no. 1 (with subpa...