Excerpt: ...n December 29, 2023. Background: This is an action for breach of contract related to a loan. Plaintiff filed the complaint on 8/11/23. On 9/26/23, Defendant served an unfiled answer on Plaintiff. Plaintiff's counsel believed it was deficient, and commenced "meet and confer" efforts with defense counsel. On 10/4/23, Defendant filed a different unverified answer containing denials and affirmative defenses but did not serve it on Plaintiff. On 11/14...

Excerpt: ... submit on the court's tentative decision, please send an email to the court at:[email protected]. All counsel and self-represented parties must be copied on the email. 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 following is a statement of the court's tentative ruling. The cour...

Excerpt: ...vision, indica
Ÿng only that a student “may” be liable for fees and costs if the student fails to repay the loan, is in the nature of a cau
Ÿonary admonishment and not an enforceable a
©orney's fees provision. The use of the permissive “may” suggests that condi
Ÿons would apply to recovery of the costs and fees, but those condi
Ÿons are not iden
ŸÞed anywhere in the contract. The Court notes that recovery of costs to a prevailing p...

Excerpt: ...tative decision, please send an email to the court at:[email protected]. All counsel and self- represented parties must be copied on the email. Absent waiver of notce 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 following is a statement of the court's tentative ruling. he court may adopt, modify or reje...

Excerpt: ...dant Bee Investment, Inc.'s Motion to Compel Cross-complainant Tsutomo Kagoshima's Further Responses to Special Interrogatories, Set One, is MOOT. However, the Court orders Cross-complainant Tsutomo Kagoshima to pay Cross-Defendant Bee Investment, Inc.'s counsel monetary sanctions in the amount of $540 by January 5, 2024. 1. The motion to compel is moot; the request for sanctions is not Cross-Defendant Bee Investment, Inc. ("Bee"), moves for an o...

Excerpt: ...please send an email to the court at:[email protected]. All counsel and self-represented parties must be copied on the email. Absent waiver of notce 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 following is a statement of the court's tentative ruling. The court may adopt, modify or reject the tentative ...

Excerpt: ...r the court's review or any entitlement to review under a motion for reconsideration. Plaintiffs have failed to identify any new or different facts, circumstances, or laws that could not have been presented to the court earlier. Plaintiffs filed their first motion for reconsideration on September 8, 2023. On October 16, 2023, the court denied that motion on the following grounds: (1) the court has no jurisdiction to rule on the motion for reconsi...

Excerpt: ...cision, please send an email to the court at:[email protected]. All counsel and self-represented parties must be copied on the email. 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 following is a statement of the court's tentative ruling. The court may adopt, modify or reject the t...

Excerpt: ...ition, including concerning the alleged lack of evidence that Plaintiff signed the Dispute Resolution Agreement. (See Alliant Ins. services, Inc. v. Gaddy (2008) 159 cal.App.4th 1292, 1307-1308; sprunk v. Prisma LLC (2017) 14 Cal.App.5th 785, 794.) There is adequate foundation for the statements made in Shin's Reply Declaration at '195-6. Plaintiffs other evidentiary objections are also overruled. The Court intends to grant Defendants' Motion to ...

Excerpt: ...motions and ex parte applications to regulate discovery. The Court was an eye witness to the pre-trial disputes as well as the trial itself. There is nothing about the costs being claimed which appear unnecessary or unreasonable. The Court offers the following: there is nothing which requires that a deposed party or witness testify at trial to justify taking the deposition; the cost of exhibits (and enlargements) was necessary to properly demonst...

Excerpt: ...ted by the court. No notice 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 on 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 expr...

Excerpt: ...ssistant by 8:20 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 [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 decision without appearing, but another party appears, the hearing will be conducted in the absence of the non-appearin...

Excerpt: ...it on the tentative decision, pu may notify the court by email to [email protected]. Please include the hearing date, the case name and case number on message. You must include all counsel and self-represented parties on pur 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 couns...

Excerpt: ...ce 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 on 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 in...

Excerpt: ...�) moves for an order (i) compelling Cross-Complainant M & Tony's Touch, Inc.'s (“M & Tony”) further responses to special interrogatories (set no. 1); and (ii) awarding Bee $2,620 in sanc
Ÿons against M & Tony. On November 16, 2023, M & Tony Þled a “No
Ÿce of Service of Response in Lieu of Opposi
Ÿon…” to Bee's mo
Ÿon, in which M & Tony (a) indicated that it had served Bee with veriÞed further responses to the subject special inte...

Excerpt: ...s 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 on 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 e...

Excerpt: ...ng: Plaintiff American Express National Bank's Motion to Vacate the Conditional Dismissal and Enter Judgment Pursuant to Code of Civil Procedure Section 664.6 is GRANTED. For good cause shown, relief is proper per Code of Civil Procedure section 564.5. Judgment is entered jointly and severally against Defendants Hector Galindo and Hg Tools, LLC in the amount of $32,015.61. Order and Judgment signed this date. Moving party to give notice of the Co...

Excerpt: .... Court Call connects to the Courtroom at 8:15 a.m. If you wish to submit on the court's tentative decision, please send an email to the court at:[email protected]. All counsel and self-represented parties must be copied on the email. Absent waiver of notice and in the event an order is not signed at the hearing, the prevailing party shall prepare a order and comply with CRC 3.1312 subdivisions (a), (b), (d) and (e). The following...

Excerpt: ...s locked, please call Judge Coats's secretary, Ms. McIntyre, at 805-289- 8791 to gain entry. The Court allows appearances by CourtCall but is not equip#d for If appearing by CourtCall, call in no later than 8:30 a.m. If you intend to ap#ar by CourtCal, 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....

Excerpt: ...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 of intent to app...

Excerpt: ...he description of work performed by each class representative is generic enough that the exact same description is used for representatives. It is unclear why an award of $10,000 is warranted, and no updated declarations were provided. The Court did not previously flag this as an issue, so if the parties wish to contnue the hearing and prov-ded updated declarations, the Court can accommodate that request. Otherwise the Court intends to award $5,0...

Excerpt: ...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 of intent to appear is required. ...

Excerpt: ...ces 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 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...

Excerpt: ... 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 made. With respect to the tentative ruling no notice of intent to appear is required. If you wish to subm...

Excerpt: ...ents in Response to Plaintiff's First Set of Document Requests is DENIED. The motion is untimely pursuant to Code of Civil Prc„cedure section 2031.310, subdivision (c). Additionally, the meet and confer was inadequate and the separate statement was defective. a. The motion is untimely. Ctxle of Civil Procedure section 2031.310, subdivision (c) provides: "[u]nless notice of this motion is given within 45 days of the service of the verified respo...

Excerpt: ...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 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...

Excerpt: ... 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 4M 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 notce of intent to appear is required. If pu wish to su...

Excerpt: ...in entry. The Court allows 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, pu 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...

Excerpt: ...98, the only published state court case that had dec:ided the arbitrability of a nearly identical arbitration clause under similar circumstances at that time. Since then, other decisions have been published disagreeing with and/or critiquing Felisilda. Plaintiff moved on July 12, 2023 for the Court's reconsideration of its ruling granting the motion to arbitrate based on new cases disagreeing with Felisilda. The Court denied Plaintiff's request, ...

Excerpt: ...s 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 of intent to appear is required. If you wish to ...

Excerpt: ... a participant or beneficiary to recover benefits due under the terms of the plan, to enforce rights under the terms of the plan, or to clarify rights to future benefits under the terms of the plan. (29 U.S.C.A. S 1132, subds. The Court intends to overrule the demurrer to the extent it is based on Code Civ. Proc., S 430.10, subd. (b) as there is no argument or indication that plaintiff lacks the legal capacity to sue. The Court intends to overrul...

Excerpt: ...(3) Defendant's Motion to Have Matters Deemed Admitted, and $960 in sanctions. (4) Defendant's Motion to Compel Responses to Special Interrogatories, and $960 in sanctions. (unopposed) Tentative Rulings: The Court intends to rule as follows: Defendant Casey Dean Pfankuchen's Motion to Compel Plaintiff Ulises Reyna's Responses to Form Interrogatories (Set One) is unopposed and is GRANTED. Defendant's Motion to Compel Plaintiff's Responses to Speci...

Excerpt: ...pany's complaint in Allied v. Edwards, 55-2016 -W477571-CU-lC-VTA. Tentative Ruling: The Court intends to deny the motion for summary adjudication of the fourth issue, going to the second cause of action in Allied's complaint filed in case no. 201500477571 on 1/25/16. Defendants have failed to meet their burden of demonstrating that Allied will be unable to establish one of the elements of the cause of action or that they have a complete defense ...

Excerpt: ...ond amended Cll (opposed) Tentative Ruling: The Court intends to overrule Defendants in Intervention's Demurrer to the Second Amended Complaint In Intervention's third cause of achon for express contractual indemnity. Background: Complaint for breach of contract, conversion, UCL, and account stated filed by Nancy Faries, as trustee for Cyril L. and Nancy L Faries Family Trust, on 5/25/22. After a demurrer and motion to strike were filed, a First ...

Excerpt: ... Water Quality Control Board, Los Angeles Region ("Regional Board") (opposed) (3) Joinder to the motion to dismiss and the demurrer by Real Party In Interest The Boeing Company ("Boeing") Tentative Rulings: Boeing's joinder is GRANTED. DTSC's motion to dismiss is GRANTED. Plaintiffs failed to timely file a request for a hearing pursuant to Public Resources Code section 21157.4. No separate request for hearing was filed in the first 90 days of thi...

Excerpt: ...sly sued as Sares Regis Management Co. LLC ("Sares") is DENIED. There is a factual dispute as to whether Knolls and Sares had knowledge of the dangerous propensity of the dog prior to the incident giving rise to Plaintiff's claims. Plaintiff proffered testimony of a witness who claims he notified property management of both the dangerous propensity of the dog and identifying information about the owner of the dog prior to the incident in this cas...

Excerpt: ...33, 34, 35, 36, 27, 38, 39, 40, 41, 42, 43, 44, and 45. Defendants' Material Facts that are undisputed, but not established: LIMF No. 9. Defendants' Material Facts that are disputed, but otherwise established: LIMF Nos. 8, 10, 20, and 27. This case involves a cause of action for against defendants, Francisco and Noemi Apodaca Gonzalez, and the Gonzalez's real estate broker, Richard Ballard dba RE Ballard Company. The gravamen of this action is Pl...

Excerpt: ... 8:15 a.m. If you wish to submit on the court's tentative decision, please send an email to the court at:[email protected]. All counsel and self-represented parties must be copied on the email. Absent waiver of notice and in the event an order is not signed at the hearing, the prevailing party shall prepare a order and comply with CRC 3.1312 subdivisions (a), (b), (d) and (e). The following is a statement of the court's tentatve r...

Excerpt: ...ke the delayed discovery rule such that the claim is not necessarily barred by the statute of limitations. Moreover, the cause of action is pled with the required level of specificity, and the facts alleged establish an adequate transactional relationship giving rise to a duty to disclose. The Defendant's Motion to Strike is denied because the FAC pleads facts sufficient to support a claim for punitive damages on the basis of fraud, malice, and/o...

Excerpt: ...ndant order to provide service of the new date and time forthwith. Defendant failed to provide adequate notce of the moton. (Code Civ. Proc., SS 418.10, subd. (b); 1005, subd. (b).) Analysis: 1. Proof of Service Code of Civil Procedure section IIN5, subdivision (b) requires that "all moving and supporting papers shall be served and filed at least 16 court days before the hearing." This time #riod is extended by 5 days for mailing within the State...

Excerpt: ...ed. If you wish to submit on the tentative decision, pu may notify the court by email to [email protected]. Please include the hearing date, the case name and case number on message. You must include all counsel and self-represented parties on pur 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 commu...

Excerpt: ...ed. If you wish to submit on the tentative decision, pu may notify the court by email to [email protected]. Please include the hearing date, the case name and case number on message. You must include all counsel and self-represented parties on pur 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 commu...

Excerpt: ...etermination of Good Faith Settlement is GRANTED. The court finds that the settlement between Plaintiff and Cross-Defendant Topp End Enterprises, lnc„ meets the factors for finding a good faith settlement under Tech-Bilt, Inc. v. Woodward-Clyde & Associates (1985) 38 Cal.3d 488. Background: On 1/9/20, Plaintiff was contacted by a representative of Toppers Pizza to provide service for a refrigeration unit on the roof of Mission Village, LLP. Pla...

Excerpt: ...urt finds that the settlement meets the factors for finding a good faith settlement pursuant to Tech—Bilt, Inc. v. Woodward—Clyde & Associates (1985) 38 Cal.3d 488. Grounds: Defendants/Cross-Defendants/Cross-Complainants Gary Pugh and Barbara Pugh move the court for an order, pursuant to Code of Civil Procedure section 877.6, determining that the $300K settlement between Plaintiff and moving parties is made in good faith. Such a determination...

Excerpt: ...t on the tentative decision, pu may notify the court by email to [email protected]. Please include the hearing date, the case name and case number on 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 couns...

Excerpt: ...l 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 notce of intent to appear is required. If pu wis...

Excerpt: ..., 51 Cal.App.4th 1513. Additionally, Defendant correctly points out that Plaintiff failed to meet and confer before filing this motion. However, under the circumstances presented in the moving papers and Defendant's opposition, the Court concludes that further meet and confer efforts after service of Defendant's first Supplemental Responses to the RFA's would have been fruitless, as the parties' positions are quite firm. Accordingly, Defendant's ...

Excerpt: ... please send an email to the court at:[email protected]. All counsel and self-represented parties must be copied on the email. Absent waiver of notce 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 following is a statement of the court's tentative ruling. The court may adopt, modify or reject the tentative...

Excerpt: ...ificity facts which amount to more than medical negligence. Sustain demurrer to the 3rd cause of action (Elder Abuse —Gino Lancelot-b) with leave to amend as to defendants Adventist Health So. California Medical Foundation, Adventist Health Physicians Network and Adventist Health Foundation. "Plaintiffs cannot bring a claim for neglect under the Elder Abuse Act unless the defendant health care provider has a caretaking or custodial relationship...

Excerpt: ...on the court's tentative decision, please send an email to the court at:[email protected]. All counsel and self-represented parties must be copied on the email. Absent waiver of notice and in the event an order is not signed at the hearing, the prevailing party shall prepare a propsed order and comply with CRC 3.1312 subdivisions (a), (b), (d) and (e). The following is a statement of the court's tentative ruling. The court may ado...

Excerpt: ...s 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 on message. You must include all counsel and self-represented parties on pur 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 em...

Excerpt: ...wish to submit on the tentative decision, pu may notify the court by email to [email protected]. Please include the hearing date, the case name and case number on message. You must include all counsel and self-represented parties on your message. The court will not 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 ...

Excerpt: ...ear 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 on message. You must include all counsel and self-represented parties on pur 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 a...

Excerpt: ...e. (2) Local Rule 8.10A assumes a joint request for an informal discovery conference. There has been no such joint request here. (3) The Opposition was one day late. No prejudice is apparent. The Court considers the opposition. The motion is granted. Defendants are ordered to provide verified, code compliant Further responses without objection to interrogatories 14.1, 15.1 and 17.1 and special interrogatories 5-8, 13, 14, 17, 34-37, 4147 and 49 w...

Excerpt: ...provided any new fact, circumstances or law that was previously unknown that would warrant reconsideration. The moton also fails to include the required affidavits under Code of Civil Procedure section Background: Plaintiffs filed a complaint against Defendants James E. Miller Jr., and Susan D. Miller Trustees of the Miller Trust; James E. Miller Jr, an individual and Susan D. Miller, an individual. The complaint alleged causes of action relating...

Excerpt: ...gligence. All of these causes of action are based on a claim that the apartment she was renting had a variety of habitability issues including waterproofing, electrical problems and mold. These same conditions were alleged as affirmative defenses in an unlawful detained filed by Prime Peninsula (the defendant in this action) in this court as case 56-2022-565942. That action went to trial as was resolved in favor of Prime Peninsula. This included ...

Excerpt: ...e claim submi
©ed by Pe
Ÿ
Ÿoner to the Rio School District was brought within one year of the event upon which the claim is based, and Pe
Ÿ
Ÿoner was a minor during all relevant
Ÿmes. Government Code sec
Ÿon 946.6, subdivision (c)(2) provides that the Court shall relieve the pe
Ÿ
Ÿoner from the requirements of Government Code sec
Ÿon 945.4 if the court Þnds that the applica
Ÿon to the board under Sec
Ÿon 911.4 was made within a reas...

Excerpt: ...2698 et seq regarding overtime, meal and rest breaks, minimum wage, termination pay, wage statements, etc. The parties reached settlement in June 2023. underthe Settlement Agreement, attached as Ex. 2, Defendant agrees to pay a common fund settlement of $33,000 in two installments. The Settlement Fund is inclusive of payments to the LWDA and Allegedly Aggrieved Employees, Plaintiff's Counsel Payment and Settlement Administrator Costs. No portion ...

Excerpt: ...l in at 8:00 a.m. Court Call connects to the Courtroom at 8:15 a.m. If pu wish to submit on the court's tentative decision, please send an email to the court at:[email protected]. 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 following is a statement of the court's tentatve ruling...

Excerpt: ...Plaintiff, as a registered nurse, does not qual-fy as a licentiate under Bus. & Prof. Code, S and therefore does not qualify as a "health care professional" for purposes of Bus. & Prof. Code, 5510 and 5510(h) in particular. Plaintiff has not suggested that he could plead any facts which would qualify him as a "health care professional" under the statute's definition. The Court intends to overrule the demurrer to the fourth cause of action. Defend...

Excerpt: ...ain entry. The Court allows 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, pu 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, n...

Excerpt: ..., 13, 15, 16, 22, 28, 29, 31, 32, 38, 44, 45, 47, and 48 are disputed and not established. Plaintiff's AUMF's 1-21 are undisputed and established. GLM admits it keeps no record/reports of the maintenance they complete at LMD 39, or any record of sprinkler schedules or settings. Plaintiff cannot be expected to have records that do not exist. Weather data for Oxnard shows that in January of 2020 there was a total of .25 inches of rainfall in the 24...

Excerpt: ... Judicial Assistant by 8:20 a.m. No notice of intent to appear is required. Parties wishing to submit on the tentatve decision must so notify the Court by e-mail at .courts.ca.gov or by fax to Judge Guasco's secretary, Claudine Nesbitt at (805) 477 5892. Do not call in lieu of sending an e-mail or fax. 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...

Excerpt: ...posed motion for attorney fees, costs and enhancement award. Moving parties shall modify the final order to indicate payment to the class administrator and the source of such payment. Background: This is a class action complaint filed on 10/10/22 arising out of a purported data breach. The class members assert causes of action for: 1) negligence; 2) negligence per se; 3) Violation of California's Consumer Records Act Cal. Bus. Code S 1798.80, et ...

Excerpt: ...t 8:15 a.m. If you wish to submit on the court's tentative decision, please send an email to the court at:[email protected]. 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 following is a statement of the court's tentative ruling. The court may adopt, modify or reject the tentatve r...

Excerpt: ...please call Judge Coats's secretary, Ms. McIntyre, at 805-289-8791 to gain entry. The Court allows 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, pu 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...

Excerpt: ...acated. An order of dismissal, with prejudice, will be entered. Background: This is a limited civil achon for breach of contract. Plaintiff Professional Medical Careers Institute of California, LLC ("Plaintiff") filed the complaint on 9/23/16. The complaint alleges that Defendant breached a contract by failing to pay fees and charges for her fourth semester in nursing school. Default was entered but was set aside earlier this year. Defendant file...

Excerpt: ...urt allows 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 of inte...

Excerpt: ...t, Trustee of the T&S Bluestone Trust Dated 05/15/19 ("Plaintiff"); or, alternatively, for reconsideration of the ruling on 5/1/23 that a cross-complaint is required for Defendant to pursue affirmative defenses concerning Plaintiff's negligence Tentative Ruling: Defendant's moton for leave to file a cross-complaint is DENIED. A court may properly deny leave to file a cross-complaint where the proposed "cross-complaint was demurrable." (Glogau v. ...

Excerpt: ...terprises, Inc.'s Motion for Determination of Good Faith Settlement 30 days so that moving party can file a supplemental declaration that addresses the first, second and fourth factors under Tech—Bilt, Inc. v. Woodward—cyde & Associates (1985) 38 Cal.3d 488, 499: "a rough approximation of plaintiffs' total recovery and the settlor's proportionate liability, the amount paid in settlement ... and a recognition that a settlor should pay less in ...

Excerpt: ...theories he is alleging. Unlike many summary judgment motions, the issue is one of law as opposed to one of fat. There is no dispute that Calvin Lin paid Ray Bowen a total of $11,288.50 for attorneys fees in connection with Bowen's efforts to secure reimbursement for the damage to the Lin's office suite caused by non-party (to this action) Lau. There is no dispute that Calvin's mother, Yvonne Lin, reimbursed her son for these payments. Bowen argu...

Excerpt: ... court's tentative decision, please send an email to the court at:[email protected]. 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 following is a statement of the court's tentative ruling. The court may adopt, modify or reject the tentative ruling following the scheduled hearing. ...

Excerpt: ...se at 22 Cal.App.5th 1198 discusses inverse condemnation as a remedy at some length. Private property may be taken or damaged by a public entity only when the owner is paid just compensation pursuant to secton 19 of the California constitution. As applied, however, this excludes damage caused by law enforcement, and includes circumstances involving public works and/or eminent domain. Other than those circumstances, a citizen's remedy is in tort. ...

Excerpt: ...tient was expecting a laparoscopic procedure. The demurrers for duplication are each and all overruled. All causes of action arise from medical treatment, but the theories of recovery are different. The demurrer to the second cause of acton for fraud is overruled. The intent element of fraud in inducing plaintiffs reliance can be found in the allegation that Dr. Aimaq 'knew that plaintiff was relying on his advice". The demurrer to the third caus...

Excerpt: ...in entry. The Court allows 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 excep
Ÿons will be made. With respect to the tenta
Ÿve ruling below,...

Excerpt: ...lease send an email to the court at:[email protected]. 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 following is a statement of the court's tentative ruling. The court may adopt, modify or reject the tentative ruling following the scheduled hearing. This tentative ruling will hav...

Excerpt: ...check in. If the door to Courtroom 43 is locked, please call Judge Coats's secretary, Ms. McIntyre, at 805-289-8791 to gain entry. The Court allows 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 ...

Excerpt: ...ppearances 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 of intent to appear...

Excerpt: ...mages. The ultimate conclusion is that there was not sufficient compliance, and the motion for summary judgment should be granted. This is an action for medical malpractice against the Ventura County Medical Center and its physicians. Plaintiff's attorney sent two items to the Hospital which he contends qualify as substantial compliance with the claims requirement. The first was a request for medical records. The second was a CCP 364 notice of In...

Excerpt: ... by CourtCall but is not equipped for Zoom. If appearing by CourtCall, call in no later than 8:30 a.m. If pu intend to appear by CourtCa l, 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 require...

Excerpt: ...allows 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 of intent t...

Excerpt: ... in with the Judicial Assistant by 8:20 a.m. No notice of intent to appear is required. Parties wishing to submit on the tentatve decision must so notify the Court by e-mail at [email protected] or by fax to Judge Guasco's secretary, Claudine Nesbitt at (805) 477 5892. Do not call in lieu of sending an e-mail or fax. If a party submits on the tentative decision without appearing, but another party appears, the hearing will be cond...

Excerpt: ...rtCall 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 notce of intent to appear is required. If p...

Excerpt: ... the court's tentative decision, please send an email to the court at:[email protected]. 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 following is a statement of the court's tentative ruling. The court may adopt, modify or reject the tentative ruling following the scheduled heari...

Excerpt: ...ish to submit on the tentative decision, pu may notify the court by email to [email protected]. Please include the hearing date, the case name and case number on 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 b...

Excerpt: ...ed by the court. No notce of intent to appear is required. If pu 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 on 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 expres...

Excerpt: ...pped 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 you wish to submit on ...

Excerpt: ...ows 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 of intent to a...

Excerpt: ...ows 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 of intent to a...

Excerpt: ...n with the Judicial Assistant by 8:20 a.m. No notice of intent to appear is required. Parties wishing to submit on the tentatve decision must so notify the Court by e-mail at [email protected] or by fax to Judge Guasco's secretary, Cecilia Gil at (805) 477-5892. Do not call in lieu of sending an e-mail or fax. If a party submits on the tentatve decision without appearing, but another party appears, the hearing will be conducted in...

Excerpt: ...scovery requests, the Court finds sufficient cause and grants the Motions. Defendants are to provide further responses, without objection, within 10 days. The Court overrules Defendants' objections on grounds that the terms "discuss," "evidence" or "relate" are overbroad or vague, finding that the requests are sufficiently particular to describe the categories of documents/information at issue. Likewise, the objection on grounds that the requests...

Excerpt: ... on the court's tentative decision, please send an email to the court at:[email protected]. 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 following is a statement of the court's tentative ruling. The court may adopt, modify or reject the tentative ruling following the scheduled he...

Excerpt: ...Call 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 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 wis...

Excerpt: ...y. The Court allows 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, pu must make arrangements with CourtCall by 4m 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 o...

Excerpt: ...ion, you may notify the court by email to [email protected]. Please include the hearing date, the case name and case number on message. You must include all counsel and self-represented parties on pur message. The court will not 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 in lieu of sendi...

Excerpt: ...sidering the parties' oral arguments. The tentatve ruling will have no legal effect unless adopted by the court. No notice 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 on message. You must include all counsel and self-represented parties on your message. The court will not resp...

Excerpt: ...r 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 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 tentativ...

Excerpt: ...tCall 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 notce of intent to appear is required. If pu...

Excerpt: ... rule 3.1113.) Plaintiff has not asserted any ground for demurrer that is permitted under CCP section 430.20. Even if the Court overlooks these defects, Plaintiff's arguments lack merit. Defendant is granted leave to amend to correct the typographical misspelling of Plaintiff's name. Background: This is an action for breach of contract, common counts, fraud, and IIED. Defendant filed an answer on July 13, 2023, asserting a general denial and vari...

Excerpt: ...uest for a continuance to conduct discovery is denied. The Court grants the motion to quash service of summons. Analysis: On a defendant's moton to quash service of summons for lack of jurisdiction, the burden of prtnf is on the plaintiff to establish minimum contacts between the defendant and the forum. (Weil & Brown, Cal. Prac. Guide Civ. Pro. Before Trial 53:384 citing Mihlon v. Superior Court (1985) 169 Cal.App.3d 703, 710 ["[W]hen jurisdicti...