Excerpt: ...ecurity Pacific Business Credit, Inc. (1990) 222 Cal.App.3d 1371.) The Demurrer is SUSTAINED as to the third cause of action for breach of the Unfair Competition Law (UCL) (Bus. & Prof. Code, § 17200, et seq.). UCL are not permitted to be brought against a homeowners' a ssociation in connection with a nonjudicial foreclosure. (See That v. Alders Maintenance Assn. (2012) 206 Cal.App.4th 1419.) The Demurrer is SUSTAINED as to the eighth cause of ...

Excerpt: ...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 permission. Do not include the court in any email co...

Excerpt: ... all five r ecorded documents. (Scott v. JPMorgan Chase Bank, N.A. (2013) 214 Cal. App. 4th 743, 754– 55, as modified on denial of reh'g (Apr. 16, 2013) The Court also intends to SUSTAIN Defendant's Demurrer to the Second Amended Complaint, with leave to amend. In thei r First Cause of Action of the Second Amended Complaint, Plaintiffs allege Defendant violated Civil Code sections 2923.5 and 2923.6 (Homeowner's Bill of Rights), by failing...

Excerpt: ... If you inte nd 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. Wit h 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: ...s Responses to F orm Interrogatories, Set One is GRANTED. Defendant's Motion to Compel Plaintiff's Responses to Special Interrogatories, Set One is GRANTED. Defendant's Motion to Compel Plaintiff's Responses to Requests for Production of Documents, Set One is GRANTED. Defe ndant's Motion to Deem Matters Admitted against Plaintiff is GRANTED. Plaintiff Margie Smith is ordered to serve Defendant with her Code -compliant and objection -free initial ...

Excerpt: ...d Request for Sanctions is GRANTED. Defendant is required to produce its Person Must Qualified and Custodian of Records for questioning and produce the requested documents for deposition within 20 days of this ruling. Further, Defendant is required to pay Plaintiffs' counsel monetary sanctions in the amount of $1,860 within 20 days of this ruling. Plaintiffs move the court for an order pursuant to Code of Civil Procedure, section 2025.450, subdi...

Excerpt: ...ation of Issues . (Not Opposed) Tentative Rulings: The Court grants the motions for summary adjudication in their entirety. Defendants' Motions for Summary Judgment Defendants Mole Richardson Rentals (erroneously sued as Mole -Richardson Rentals, LLC), and PK&P Investment Co. f/k/a Mole -Richardson Co. (collectively “Mole -Richardson”) each move for Summary Adjudication on three issues: (1) Plaintiffs cannot establish any evidence against mov...

Excerpt: ... called. 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 hearin g. 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: ... For good cause shown, Defendants are hereby granted leave to take the second session of the deponent at a date, time, and location to be mutually determined by the parties' counsel. Defense counsel's questioning shall be limited to the issues of updates regarding Plaint iff's condition and the extent of her claimed damages. Counsel for the moving parties to give notice. Background: This action arises from the alleged sexual assault suffered by P...

Excerpt: ...all 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 ex ceptions 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...

Excerpt: ...stodian(s) of R ecords; Request for Documents at Deposition served on December 21, 2023, within 20 days of this ruling. Further, Defendant is required to pay to Plaintiff's counsel monetary sanctions in the amount of $1,860 within 20 days of this ruling. On November 7, 2 022, Plaintiff Juan Orozco Ponce aka Juan Orozco (“Plaintiff”) filed a Complaint against General Motors, LLC (“Defendant” or “GM”), alleging causes of action for (1)...

Excerpt: ...urther response to Reque sts for Production of Documents, Set Two (“RPD”), No. 24 (erroneously numbered as “No. 4”) and for $1,140 in monetary sanctions against Plaintiff and his counsel, jointly and severally. Tentative Ruling: Defendant's motion to compel a further response to R PD, Set Two, No. 24 is GRANTED. A further response, without objection, shall be served within 30 days. Defendant's request for monetary sanctions against Plaint...

Excerpt: ...etary sanction s is DENIED. The Complaint was filed on June 7, 2022, the First Amended Complaint on August 30, 2022, and the Second Amended Complaint (“SAC”) on December 29, 2022. Plaintiff Andrew Jones (“Plaintiff”) filed the claim against Defendants Southern Californi a Edison (“SCE”) and Jaime Frutos (“Frutos”) alleging causes of action for (1) unfair business practices, (2) negligent hiring and retention, (3) nonpayment of w...

Excerpt: ...It indica tes that D was subserved on 6/17/20 at 226 Orange Ave., Suite 103 Coronado, CA 92118. D's default was taken on 8/26/20. A significant amount of time passed before a default judgment was filed on 6/16/23 in the amount of $200,634. An abstract of judgment was issued on 9/26/23. The current motion was filed on 2/29/24. Notice: Defective. Pursuant to CCP §1005(b) the motion should have been filed no later than 16 court days prior to th...

Excerpt: ...d. Defendants are ordered to provide objection free responses to the discovery within 20 days. Plaintiff is awarded $995 in monetary sanctions against defendant and its attorney of record, jointly and severally, for each of the three motions. The motion to deem admitted the requests for admissions is GRANTED as well, unless defendant can demonstrate at the hearing it has already served the plaintiff with a proposed response to the request for adm...

Excerpt: ...rt grants i n part and denies in part Plaintiff Kelli Wiedemier's request for an order taxing Defendants Thousand Oaks Surgery Center, LLC's and Virtuoso Medical Management, Inc.'s Memorandum of Costs. The Court denies Plaintiff's request to tax $520.50 from Item No. 1 in Defendants' Memorandum of Costs relating to Defendants' summary judgment motion. Defendants' summary judgment motion – although ultimately unsuccessful – was reasonably nece...

Excerpt: ...or “PMK”) of Defendant Gen eral Motors, LLC (“Defendant” or “GM”), to produce documents requested in the notice of deposition, and for $2,250 in monetary sanctions against Defendant (opposed). TENTATIVE: GRANT. All objections to the request for documents are overruled, except as fol lows: Attorney-Client Privilege and Attorney Work Product: These objections should be preserved, but do not necessarily warrant denial of discovery. Defen...

Excerpt: ...mpton College Dis trict, 127 Cal.App.4th 954/962-963. Govt Code section 45264 establishes that Plaintiff is a classified employee of the District, even though her work is supervised by the Commission. Plaintiff's descriptions of her employment are consistent with the des cription of a classified District employee who worked as a Commission staff member. Her allegations qualify for inclusion under the continuing violation doctrine. Defendant doe...

Excerpt: ... the Februa ry 9, 2024 dismissal of this action vacated. An Order to Show Cause re: Default Judgment Packet is ordered calendared for April 9, 2024. Notice: OK (There is no proof of service attached to the motion. However, Plaintiff apparently was not required to ser ve its motion on either of the two named Defendants.1) On June 2, 2023, Plaintiff E & N Financial Services & Development, Inc. (“E&N”) filed a Complaint against Defendant Ruther...

Excerpt: ...red the merits of the motion, the motion is granted. Plaintiff's claims are ordered to arbitration, except that Plaintiff's representative claims are dismissed. Status conference re: arbitration is set for January 29, 2025 at 8:30AM. This case is stayed. Analysis: a. Threshold Issue – Applicability of the FAA and Preemption Defendant argues the arbitration agreement is governed by the FAA because (a) it states so in the agreement and (b) the ag...

Excerpt: ...to the exist ence of a valid arbitration agreement to which the FAA applies. In accordance with Viking River Cruises, Inc. v. Moriana (2022) 142 S.Ct. 1906, Plaintiff's individual PAGA claim is severed from her representative PAGA claim and ordered to binding arbitrati on. Pursuant to the recent California Supreme Court decision in Adolph v. Uber Technologies, Inc. (2023) 14 Cal.5th 1104, pending the resolution of Plaintiff's individual PAGA clai...

Excerpt: ...omation, Inc.'s Motion for Summary Judgment is denied. There are triable issues of fact regarding Defendant's compliance with Labor Code section 226, subdivision (a) [DF 6 -8]; whether Plaintiff suffered injury under Labor Code section 226, subdivision (e) [DF 8]; and whe ther Defendant did knowingly and intentionally violated Labor Code section 226, subdivision (a) [DF 13]. Background: The FAC is a Class Action and pleads causes of action for (1...

Excerpt: ...on 1 cannot be det ermined since the Declaration of Josue Castillo was not received by the court. The scanned document titled Declaration of Josue Castillo is actually the Declaration of Jorge Coronado. Plaintiff's Request for Judicial Notice: The court denies Plaintiff's re quest for judicial notice of the Final Statement of Decision in the case Palomino v. Northrup Grumman, Case No. 19CV345534 as it is not relevant to the Court's decision here ...

Excerpt: ...uipped for Z oom. 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 ...

Excerpt: ...$3,446.25 is GRANTED in part and is MOOT in part. The motion is moot as to Request for Admission Nos. 12, 17, 21, 23- 26, 28-34, and 48, based on Defendant's representation that further verified responses were served on March 1, 2024. The motion is granted as to the rem aining request for admissions. All objections are overruled with the exception of the attorney -client and work product objections. Defendant is ordered to provide code -complain...