Excerpt: ... Court intends to rule as follows: Grant motion to strike as to paragraph 20 of the first amended complaint and the prayer for relief concerning punitive damages and attorney's fees. Plaintiff has pled nothing more than a dispute between adjoining landowners concerning the extent to which either may improve the non‐exclusive easement for ingress and egress. Such a dispute does not comport with malice or oppression necessary pursuant to CC 3...

Excerpt: .../or Adjudication, 11/13/2018 stolo This case has been assigned to Judge DeNoce for all purposes. The morning calendar before Judge Kevin G. DeNoce will begin at 9 a.m. in courtroom 43. Cases including ex parte matters will not be called prior to 9 a.m. Please check in with the courtroom clerk by no later than 8:45 a.m. If appearing by Court Call, please call in between 8:35 and 8:45 a.m. If you wish to submit on the court's tentative decision...

Excerpt: ..., 12/21/2018 stolo The Court intends to rule as follows: Yolanda's motion for post‐judgment costs is DENIED, without prejudice to its ability to file a code‐compliant memorandum of costs pursuant to the procedure in CCP section 685.070, subd. (b). Yolanda's motion for attorney fees against KGCRE is DENIED. Yolanda's motion for attorney fees against Rocklin is GRANTED IN PART in the amount of $186,521.30. This figure is based on th...

Excerpt: ...tion calendar in Courtroom 20 before Judge Matthew P. Guasco starts promptly at 8:30 a.m. Ex parte applications will be heard at the same time as matters on the law and motion calendar. Parties appearing by Court Call must check in with the Judicial Assistant 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 fa...

Excerpt: ... 11/29/2018 stolo The Court intends to rule as follows: Defendant's motion to compel further responses to RPD Nos. 1‐2 and 4‐6 is DENIED. Defendant's motion to compel further responses to RFA Nos. 2‐4 and 11‐12 is DENIED. Defendant's motion to compel further responses to FI No. 17.1 is GRANTED IN PART as to FI No. 17.1(b) as to RFA Nos. 1‐4 and FI No. 17.1(d) as to RFA Nos. 1‐ 12, and DENIED IN PART as to FI No. 17.1(b) as...

Excerpt: ...tion ‐ Other, 12/28/2018 stolo Notice Regarding Courtroom 20 Law & Motion Procedures: The law and motion calendar in Courtroom 20 before Judge Matthew P. Guasco starts promptly at 8:30 a.m. Ex parte applications will be heard at the same time as matters on the law and motion calendar. Parties appearing by Court Call must check in with the Judicial Assistant by 8:20 a.m. No notice of intent to appear is required. Parties wishing to submit on the...

Excerpt: ...e for all purposes. The morning calendar before Judge Kevin G. DeNoce will begin at 9 a.m. in courtroom 43. Cases including ex parte matters will not be called prior to 9 a.m. Please check in with the courtroom clerk by no later than 8:45 a.m. If appearing by Court Call, please call in between 8:35 and 8:45 a.m. If you wish to submit on the court's tentative decision, please send an email to the court at: [email protected] sta...

Excerpt: ...for all purposes. The morning calendar before Judge Kevin G. DeNoce will begin at 9 a.m. in courtroom 43. Cases including ex parte matters will not be called prior to 9 a.m. Please check in with the courtroom clerk by no later than 8:45 a.m. If appearing by Court Call, please call in between 8:35 and 8:45 a.m. If you wish to submit on the court's tentative decision, please send an email to the court at: [email protected] stati...

Excerpt: ... the Pleadings, 11/16/2018 stolo Notice Regarding Courtroom 20 Law & Motion Procedures: The law and motion calendar in Courtroom 20 before Judge Matthew P. Guasco starts promptly at 8:30 a.m. Ex parte applications will be heard at the same time as matters on the law and motion calendar. Parties appearing by Court Call must check in with the Judicial Assistant by 8:20 a.m. No notice of intent to appear is required. Parties wishing to submit on the...

Excerpt: ...tolo This case has been assigned to Judge DeNoce for all purposes. The morning calendar before Judge Kevin G. DeNoce will begin at 9 a.m. in courtroom 43. Cases including ex parte matters will not be called prior to 9 a.m. Please check in with the courtroom clerk by no later than 8:45 a.m. If appearing by Court Call, please call in between 8:35 and 8:45 a.m. If you wish to submit on the court's tentative decision, please send an email to the ...

Excerpt: ...Protective Order, 01/07/2019 stolo The Court intends to Deny Plaintiff's request for protective order and interpreter. Plaintiff presented no legal authority that would require Defendants to pay for an interpreter at Plaintiff's deposition even if Plaintiff had language issues. The Court intends to Deny Defendant's request for monetary sanctions as Defendant failed to identify who the sanctions were sought against. Analysis: Evidence ...

Excerpt: ...m 20 Law & Motion Procedures: The law and motion calendar in Courtroom 20 before Judge Matthew P. Guasco starts promptly at 8:30 a.m. Ex parte applications will be heard at the same time as matters on the law and motion calendar. Parties appearing by Court Call must check in with the Judicial Assistant 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 a...

Excerpt: ...is case has been assigned to Judge DeNoce for all purposes. The morning calendar before Judge Kevin G. DeNoce will begin at 9 a.m. in courtroom 43. Cases including ex parte matters will not be called prior to 9 a.m. Please check in with the courtroom clerk by no later than 8:45 a.m. If appearing by Court Call, please call in between 8:35 and 8:45 a.m. If you wish to submit on the court's tentative decision, please send an email to the court a...

Excerpt: ... 12/18/2018 stolo Tentative ruling for January 16, 2019 on Defendant Wells Fargo Bank's demurrer and motion to strike The court grants Wells Fargo's request for judicial notice. The court sustains, with leave to amend, Defendant Wells Fargo Bank's demurrer to second cause of action of the First amended Complaint. "Damages" is not a cause of action. The second cause of action contains loose allegations which support neither a n...

Excerpt: ...olo Tentative ruling for January 15, 2018 on Defendants/Cross‐Complainants Kelly Frederick's and Timothy Athens' Motion to Compel Plaintiff/Cross‐Defendant TriCoast Builders, Inc. to Respond to Requests for Production In Notice of Deposition The court denies Defendants/Cross‐ Complainants Kelly Frederick's and Timothy Athens' request for an order compelling Plaintiff/Cross‐ Defendant TriCoast Builders, Inc. to provide a re...

Excerpt: ...ollows: Defendants' motion to compel arbitration is GRANTED IN PART as to the first cause of action for elder abuse and neglect, and DENIED IN PART as to the second cause of action for wrongful death. The scope of both the Arbitration Agreements applies to controversies arising from Decedent's "stay at the Community," and "Community" is defined in the Residency Agreement, which contains the 2016 Arbitration Agreement, as t...

Excerpt: ...tion ‐ Other, 12/14/2018 stolo The following is a statement of the court's tentative ruling. The court may adopt, modify or reject the tentative ruling after considering the parties' oral arguments. The tentative 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 send a telefax to Judge Borrell's secretary, Denise Arreola, ...

Excerpt: ...The morning calendar before Judge Kevin G. DeNoce will begin at 9 a.m. in courtroom 43. Cases including ex parte matters will not be called prior to 9 a.m. Please check in with the courtroom clerk by no later than 8:45 a.m. If appearing by Court Call, please call in between 8:35 and 8:45 a.m. If you wish to submit on the court's tentative decision, please send an email to the court at: [email protected] stating that you submit...

Excerpt: ...ion for Hearing on Right to Attach Order/Writ of Attachment, 11/01/2018 stolo The Court intends to rule as follows: Deny application for right to attach order. A claim is one upon which an attachment may issue if it is: 1) a claim for money based upon a contract, express or implied"; 2) of a "fixed or readily ascertainable amount not less than $500"; 3) that is either unsecured or secured by personal property, not real property (inclu...

Excerpt: ... to Quash, 08/14/2018 stolo Notice Regarding Courtroom 20 Law & Motion Procedures: The law and motion calendar in Courtroom 20 before Judge Matthew P. Guasco starts promptly at 8:30 a.m. Ex parte applications will be heard at the same time as matters on the law and motion calendar. Parties appearing by Court Call must check in with the Judicial Assistant by 8:20 a.m. No notice of intent to appear is required. Parties wishing to submit on the tent...

Excerpt: ...This case has been assigned to Judge DeNoce for all purposes. The morning calendar before Judge Kevin G. DeNoce will begin at 9 a.m. in courtroom 43. Cases including ex parte matters will not be called prior to 9 a.m. Please check in with the courtroom clerk by no later than 8:45 a.m. If appearing by Court Call, please call in between 8:35 and 8:45 a.m. If you wish to submit on the court's tentative decision, please send an email to the court...

Excerpt: ...ng Sanctions, 12/03/2018 stolo The Court intends to rule as follows: Deny FCA US LLC's motion. Its sole complaint is that plaintiff and her attorney failed to pay the sanctions awarded in its September 5, 2018 ruling. That does not warrant the granting of terminating sanctions or an order awarding FCA US LLC's request for additional monetary sanctions. The original award remains in effect. "An order imposing monetary sanctions may be ...

Excerpt: ...l purposes. The morning calendar before Judge Kevin G. DeNoce will begin at 9 a.m. in courtroom 43. Cases including ex parte matters will not be called prior to 9 a.m. Please check in with the courtroom clerk by no later than 8:45 a.m. If appearing by Court Call, please call in between 8:35 and 8:45 a.m. If you wish to submit on the court's tentative decision, please send an email to the court at: [email protected] stating tha...

Excerpt: ...he law and motion calendar in Courtroom 20 before Judge Matthew P. Guasco starts promptly at 8:30 a.m. Ex parte applications will be heard at the same time as matters on the law and motion calendar. Parties appearing by Court Call must check in with the Judicial Assistant 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]...

Excerpt: ...poses. The morning calendar before Judge Kevin G. DeNoce will begin at 9 a.m. in courtroom 43. Cases including ex parte matters will not be called prior to 9 a.m. Please check in with the courtroom clerk by no later than 8:45 a.m. If appearing by Court Call, please call in between 8:35 and 8:45 a.m. If you wish to submit on the court's tentative decision, please send an email to the court at: [email protected] stating that you...

Excerpt: ...5/2018 stolo Deny MSJ and MSA. When Micheal Rudney was transferred from Defendant Simi Valley Care Center to Simi Valley Hospital, SVCC (and its director, defendant Dr. Lauritzen) admit that they did not maintain a bed for Mr. Rudney. Defenddants concede that they violated the seven‐day bed hold that is afforded to patients at skilled nursing facilities. (UMF 10). Defendants cite no law that would allow them to discharge Rudney simply because o...

Excerpt: .../2018 stolo Notice Regarding Courtroom 20 Law & Motion Procedures: The law and motion calendar in Courtroom 20 before Judge Matthew P. Guasco starts promptly at 8:30 a.m. Ex parte applications will be heard at the same time as matters on the law and motion calendar. Parties appearing by Court Call must check in with the Judicial Assistant by 8:20 a.m. No notice of intent to appear is required. Parties wishing to submit on the tentative decision m...

Excerpt: ... Compel, 07/23/2018 stolo Notice Regarding Courtroom 20 Law & Motion Procedures: The law and motion calendar in Courtroom 20 before Judge Matthew P. Guasco starts promptly at 8:30 a.m. Ex parte applications will be heard at the same time as matters on the law and motion calendar. Parties appearing by Court Call must check in with the Judicial Assistant by 8:20 a.m. No notice of intent to appear is required. Parties wishing to submit on the tentat...

Excerpt: ...ntiff seeking an award of attorney fees from a defaulting defendant must request those fees at the time the plaintiff requests entry of default judgment. Post judgment motions for attorney's fees in default cases are not permitted. Plaintiff did not include a request for attorney's fees in her default paperwork as required by Rule 3.1800(a)(9). While the default judgment was briefly set aside, it was reinstated on 7/5/18. Discussion: Atto...

Excerpt: ...ative ruling. The court may adopt, modify or reject the tentative ruling after considering the parties' oral arguments. The tentative 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 send a telefax to Judge Borrell's secretary, Denise Arreola, at 805‐477‐5894, stating that you submit on the tentative. A copy of the telefax ...

Excerpt: ...eNoce for all purposes. The morning calendar before Judge Kevin G. DeNoce will begin at 9 a.m. in courtroom 43. Cases including ex parte matters will not be called prior to 9 a.m. Please check in with the courtroom clerk by no later than 8:45 a.m. If appearing by Court Call, please call in between 8:35 and 8:45 a.m. If you wish to submit on the court's tentative decision, please send an email to the court at: [email protected]...

Excerpt: ...ATE FILED: Motion ‐ Other, 08/20/2018 stolo Tentative ruling for September 14, 2018 on Defendant Solomon Aflalo's Motion for Leave to File Cross‐Complaint Recommendation: Deny motion. This case has proceeded to final judgment. Grant plaintiff's request for judicial notice. The Court grants plaintiff's request for judicial notice. Evidence Code §§ 452(d) and (h). Judicial notice is taken of plaintiff's Exhibits A – JJ. Defe...

Excerpt: ...8/15/2018 stolo The following is a statement of the court's tentative ruling. The court may adopt, modify or reject the tentative ruling after considering the parties' oral arguments. The tentative 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 send a telefax to Judge Borrell's secretary, Denise Arreola, at 805‐477‐58...

Excerpt: ...entative ruling. The court may adopt, modify or reject the tentative ruling after considering the parties' oral arguments. The tentative 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 send a telefax to Judge Borrell's secretary, Denise Arreola, at 805‐477‐5894, stating that you submit on the tentative. A copy of the telef...

Excerpt: ...: The law and motion calendar in Courtroom 20 before Judge Matthew P. Guasco starts promptly at 8:30 a.m. Ex parte applications will be heard at the same time as matters on the law and motion calendar. Parties appearing by Court Call must check in with the Judicial Assistant 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]...

Excerpt: ...grant Defendants' unopposed request for judicial notice of the dockets in both cases. The Court also intends to grant Plaintiff's unopposed request for judicial notice of the motions and orders contained in the file (e.g., motions and limine and corresponding oppositions, as well the Court's Order regarding the same). The Court denies Defendants' Motions except as conceded by Plaintiff; accordingly the Court strikes items 34‐37 ...

Excerpt: ... & Motion Procedures: The law and motion calendar in Courtroom 20 before Judge Matthew P. Guasco starts promptly at 8:30 a.m. Ex parte applications will be heard at the same time as matters on the law and motion calendar. Parties appearing by Court Call must check in with the Judicial Assistant 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 Courtr...

Excerpt: ...The law and motion calendar in Courtroom 20 before Judge Matthew P. Guasco starts promptly at 8:30 a.m. Ex parte applications will be heard at the same time as matters on the law and motion calendar. Parties appearing by Court Call must check in with the Judicial Assistant 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]...

Excerpt: ...ptember 12, 2018 on Anti‐Slapp motion by Defendant Dr. Voorman Defendant Dr. Voorman's motion to strike pursuant to CCP 425.16 is granted. Defendant is entitled to attorney fees and costs totaling $3095. An Anti‐SLAPP motion poses two questions. First, the court decides whether the defendant has made a threshold showing that the challenged cause of action is one "arising from" protected activity. (§ 425.16, subd. (b)(1).) If the ...

Excerpt: .../21/2018 stolo Tentative ruling for September 12, 2018 on Anti‐Slapp motion by Defendant Dr. Cole Defendant Dr. Cole's motion to strike pursuant to CCP 425.16 is granted. An Anti‐SLAPP motion poses two questions. First, the court decides whether the defendant has made a threshold showing that the challenged cause of action is one "arising from" protected activity. (§ 425.16, subd. (b)(1).) If the court finds such a showing has be...

Excerpt: ...�� Other (CLM) ‐ for Hearing on Objections by Plaintiffs to Proposed Judgment submitted by CAUSAL DOCUMENT/DATE FILED: Motion ‐ Other, 08/10/2018 stolo The Court intends to rule as follows: Oliver's motion for a hearing on objections is GRANTED, and the Court deems the hearing on this motion to be a hearing on Oliver's objections. (See Cal. Rules of Court, rule 3.1590(k).) The Court adopts Oliver's proposal on the issue of mainten...

Excerpt: ...ptember 12, 2018 on Anti‐Slapp motion by Defendant Dr. Chronis Defendant Dr. Chronis's motion to strike pursuant to CCP 425.16 is granted. Defendant is entitled to attorney fees and costs totaling $3095. An Anti‐SLAPP motion poses two questions. First, the court decides whether the defendant has made a threshold showing that the challenged cause of action is one "arising from" protected activity. (§ 425.16, subd. (b)(1).) If the ...

Excerpt: ...om 20 Law & Motion Procedures: The law and motion calendar in Courtroom 20 before Judge Matthew P. Guasco starts promptly at 8:30 a.m. Ex parte applications will be heard at the same time as matters on the law and motion calendar. Parties appearing by Court Call must check in with the Judicial Assistant 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...

Excerpt: ...otion ‐ Other, 07/27/2018 stolo Motion for terminating, issue and monetary sanctions. No opposition filed as of 8/31. Motion granted in part, and denied in part. Discovery sanctions are generally imposed on a graduated basis. As such, it is too early to jump to terminating or issue sanctions. The motion should be granted to the extent of requiring further deposition of the Hospital's PMK on Topic of Inquiry No. 6 and the production of docum...

Excerpt: ... Procedures: The law and motion calendar in Courtroom 20 before Judge Matthew P. Guasco starts promptly at 8:30 a.m. Ex parte applications will be heard at the same time as matters on the law and motion calendar. Parties appearing by Court Call must check in with the Judicial Assistant 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 Courtroom20@ven...

Excerpt: ...o The following is a statement of the court's tentative ruling. The court may adopt, modify or reject the tentative ruling after considering the parties' oral arguments. The tentative 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 send a telefax to Judge Borrell's secretary, Denise Arreola, at 805‐477‐5894, stating th...

Excerpt: ...f Sierra ("Bank") filed this motion on June 29, 2018. On July 5, 2018, Plaintiff Laurie Ann Humberd faxed supplemental responses to some of the discovery at issue in this motion. Bank wants the court to strike Ms. Humberd's declaration containing those supplemental responses. The court declines to do so, and the court will consider the sufficiency of Ms. Humberd's supplemental responses in evaluating this motion; to do otherwise w...

Excerpt: ...rer by Harrod Trucking Inc., Gary Harrod and Scott Harrod Judicial Notice Requests Defendant requests judicial notice of the company's by‐laws, arguing that Plaintiff has conceded their existence by referencing them in his FAC at ¶13. However, the provision that Defendant relies upon in his demurrer concerning waiver of financial reports (Article VII, Section 2) is not referenced in the FAC. The court declines to take judicial notice of th...

Excerpt: ...edures: The law and motion calendar in Courtroom 20 before Judge Matthew P. Guasco starts promptly at 8:30 a.m. Ex parte applications will be heard at the same time as matters on the law and motion calendar. Parties appearing by Court Call must check in with the Judicial Assistant 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 Courtroom20@ventura....

Excerpt: ...fter the current motions were filed, Plaintiff appears to have provided supplemental response to several of the discovery matters addressed in the motions. However, special interrogatory nos. 26‐27, request for production no. 13 and all of the requests for admissions addressed in the original motion remain at issue. The Court Grants FCA's motion to compel further response to Special Interrogatory no. 26. If the plaintiff cannot express the ...