Excerpt: ...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. With respect to the below scheduled tentative ruling, no notice of intent to appear is required. If you wish to submit on the tentative decision, you can send an email to the court at: Courtroom43...

Excerpt: ... 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 at...

Excerpt: ...ore 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. With respect to the below scheduled tentative ruling, no notice of intent to appear is required. If you wish to submit on the tentative decision, you can send an email to the court...

Excerpt: ... 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. With respect to the below scheduled tentative ruling, no notice of intent to appear is required. If you wish to submit on the tentative decision, you can send an email to the court at: Courtroom4...

Excerpt: ...2018 stolo 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. With respect to the below scheduled tentative ruling, no notice of intent to appear is required. If you wish to submit on the tentative decision,...

Excerpt: ...udge 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. With respect to the below scheduled tentative ruling, no notice of intent to appear is required. If you wish to submit on the tentative decision, you can send an email to the court at: ...

Excerpt: ...cation, 01/11/2018 stolo The Court intends to rule as follows: Sustain Defendant Simi Valley Medical Building Owners Association's ("Association") Objection No. 1. For the purposes of the present motion only, the Court finds that: (i) the Association's Material Facts Nos. 1‐8, 11, and 12 are undisputed and established; (ii) the Association's Material Facts No. 10 is disputed and established; (iii) the Association's Mater...

Excerpt: ...ends to deny the application for the following reasons: (1) The subject property is misidentified in the Application. Tax‐related documents show that the address of the subject property is 950 Tenth Street, Santa Paula, CA, not 950 Terracina Street, Santa Paula, CA, as identified by Plaintiff Catherine O'Brien in her Application. (2) The Sheriff has not levied on the home. (See CCP § 704.750, providing that an application for an order for ...

Excerpt: ... 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. With respect to the below scheduled tentative ruling, no notice of intent to appear is required. If you wish to submit on the tentative decision, you can send an email to the court at: Courtroom4...

Excerpt: ... 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. With respect to the below scheduled tentative ruling, no notice of intent to appear is required. If you wish to submit on the tentative decision, you can send an email to the court at: Courtroom4...

Excerpt: ...ication, 01/30/2018 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: ...o be premature in light of the language in the court's 2/7/18 ruling. In the 2/7/18 ruling, Judge Baio denied Plaintiff's Application for Court Order of Sale, without prejudice, and also stated: "In the event the sale of the house is ordered and the house is sold, the Court will determine if plaintiff's request for the waiver of Sheriff fees for the recording and publication are to be waived." (See minute order dated 2/7/18.) ...

Excerpt: ...tion ‐ Other, 03/23/2018 stolo 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. With respect to the below scheduled tentative ruling, no notice of intent to appear is required. If you wish to submit on t...

Excerpt: ...n 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 Courtroom20ExP...

Excerpt: ...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. With respect to the below scheduled tentative ruling, no notice of intent to appear is required. If you wish to submit on the tentative decision, you can send an email to the court at:...

Excerpt: ...9;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 that you submit on the tentative. A copy of the ...

Excerpt: ...'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 that you submit on the tentative. A copy of t...

Excerpt: ...ntends to rule as follows: Grant cross‐defendants' request for judicial notice. 2 nd c/a (breach of guaranty): The Court intends to SUSTAIN with leave to amend. To allege a breach of the guaranty against Yacoby, Rancho Oaks must allege an actionable breach by L&B within the first five years of the lease. The only breaches plead with specificity occurred well after this time period. Claims by Richard Winchester: Since Winchester is deceased ...

Excerpt: ...er is only appropriate where the grounds for objection appear on the face of the complaint or from any matter of which the court is required to or may take judicial notice. CCP § 430.30(a). For the purpose of a demurrer, the court must treat all properly pleaded facts as admitted. Blank v Kirwan (1985) 39 Cal.3d 311, 318. Starbucks argues that cross‐complainants had options available to them to remedy L&B's complaints about traffic congest...

Excerpt: ...Pleadings, 03/21/2018 stolo The morning calendar in courtroom 43 will begin at 9 a.m. 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 CourtCall, please call in between 8:35 and 8:45 a.m. With respect to the below scheduled tentative ruling, no notice of intent to appear is required. If you wish to submit on the tentative decision, you can send ...

Excerpt: ... 03/19/2018 stolo Tentative ruling for April 17, 2018 on Plaintiff Platinum Gymnastics' Petition to Vacate Arbitration Award Pursuant to CCP § 1286.2 and Request for De Novo Review Initially, the Court notes that defendant's opposition is timely and will be considered. Plaintiff's Request for Judicial Notice is GRANTED. Evidence Code § 452(h). The Court takes judicial notice of Plaintiff's Exhibits A‐E. Defendant's evident...

Excerpt: ...principles may be applied to a given set of facts. ‐ First Cause of Action The court will SUSTAIN the demurrer to the first cause of action with leave to amend. It is only the recording of the notice or actually proceeding to sale which would violate the dual tracking statute. Aside from the May 5, 2017 notice of sale (RJN, Ex. D), no other foreclosure notices have been recorded and the sale has not gone forward. Plaintiff did not submit a loan...

Excerpt: ... Tentative ruling for April 16, 2018 on Defendant K12 Inc.'s motion for summary judgment or, in the alternative, for summary adjudication Note: Plaintiff's failure to hard tab exhibits as required by Rule 3.1110(f)(3) created unnecessary extra work for the court in this case. Evidentiary Issues The court grants plaintiffs' request for judicial notice. Plaintiffs' objections: Plaintiffs object to Ms. Smith's attempts to authent...

Excerpt: ...OCUMENT/DATE FILED: Motion for Summary Judgment and/or Adjudication, 01/02/2018 stolo Tentative ruling for April 16, 2018 defense motion for summary judgment/adjudication Issue 1: Does the first cause of action fail because plaintiffs cannot establish Insperity was their employer? DENY. Assuming the Martinez test for joint employment applies, plaintiffs have apparently conceded the first two prongs so the only test applied here is the common law ...

Excerpt: ...OCUMENT/DATE FILED: Motion for Summary Judgment and/or Adjudication, 01/02/2018 stolo Tentative ruling for April 16, 2018 on Defendant Insperity PEO Services, LP's motion for summary judgment or, in the alternative, for summary adjudication Note: The parties' failure to adhere to the requirements of Rule 3.1350(d)(3) and Rule 3.1110(f)(3) in this case caused substantial excess work on the court's part. Evidentiary Issues The court ove...

Excerpt: ...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. With respect to the below scheduled tentative ruling, no notice of intent to appear is required. If you wish to submit on the tentative decision, you can send a...

Excerpt: ...tion ‐ Other, 03/13/2018 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: ...15/2018 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...

Excerpt: ...ion ‐ Other, 03/15/2018 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: ...UMENT/DATE FILED: Motion ‐ Other, 02/14/2018 stolo Tentative ruling for April 10, 2017 on Defendant's motion for sanctions The court DENIES Defendant's motion for sanctions based on the filing of this lawsuit in the name of an LLC on forfeited status. There has been no showing of objective bad faith. San Diegans for Open Government v. City of San Diego (2016) 247 Cal.App.4th 1306, 1318. The evidence merely shows an error first raised on...

Excerpt: ...ther, 03/08/2018 stolo Tentative ruling for April 10, 2018 on Defendant Dignity Health's Motion for Sanctions $15,360 in Monetary Sanctions and Issue Sanctions Against Plaintiff Patricia L. Lacy ("Plaintiff") for Failure to Comply With Second Court Order to Appear at Independent Mental Examination ("IME") by Defendant Dignity Health dba St. Joseph Regional Medical Center ("Defendant") Defendant Dignity Health dba St. J...

Excerpt: ...ims that the defendants use of a company truck nullifies the normal exemption from the going and coming rule, i.e. defendants were covered by workers compensation (and thus nor eligible for underinsured motorist benefits). That is an oversimplification. Use of an employers vehicle does not per se keep the employee in the course and scope of his/her employment. Was the vehicle provided on a regular basis? Was it part of the employment agreement? T...

Excerpt: ...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 at ...

Excerpt: ...r and Morgan Kaczor's Motion to Strike Punitive Damages From Plaintiff's Complaint is DENIED. CCP § 435 et seq. The Complaint alleges facts sufficient to support a finding that defendants engaged in despicable conduct with a willful and conscious disregard of the rights or safety of others. Taylor v Superior Court (1979) 24 Cal.3d 890, 896. Accordingly, the motion is denied. Defendants to answer within 10 days. ...

Excerpt: ...e 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 must so notify the...

Excerpt: ...tative ruling for March 29, 2018 on Defendant Brooks' Motion to Quash The court overrules Plaintiff's evidentiary objections. The court grants Defendant Brooks' Motion to Quash the deposition subpoena issued by Plaintiff McGillivray purporting to set a deposition in Ventura County of Defendant Brooks' person most qualified. The reasoning and analysis set forth in this Court's February 21, 2017 minute order remains controlling....

Excerpt: ...FILED: Motion to Compel, 02/20/2018 stolo Tentative ruling for March 29, 2018 on Motion by Cooper and Defendant/Cross‐Defendant Millennium Generation, Inc. dba Millennium Fire Protection ("Millennium") (collectively, "Millennium Parties") to Compel SCI to Provide Further Responses to Requests for Production of Documents, Set Two ("RPD") Nos. 13‐17, and for Issue, Evidentiary, and/or $2,997 in Monetary Sanctions The cou...

Excerpt: ...Corporation dba Peck Arco ("Peck") to the complaint of plaintiff, Donald G. Hughes ("Hughes"). In ruling on a demurrer, the Court treats all properly pleaded facts in the complaint as admitted. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318, 216 Cal.Rptr. 718, 703 P.2d 58.) The demurrer is limited to the four corners of the complaint and any additional facts which are properly the subject of judicial notice. (Code of Civ. Proc., § 43...

Excerpt: ...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 805‐477‐5894, s...

Excerpt: ...8 stolo Defendant Brighton Collectibles, LLC's Motion to Compel Further Responses to Requests for Production, Set Two The court DENIES Brighton Collectibles, LLC's Motion to Compel Further Responses to Requests for Production, Set Two. The documents requested in Requests 9 and 10 are not relevant to the issues raised in the complaint and involve Plaintiff's right to privacy. (CCP § 2031.310.) Therefore, this motion is denied in its e...

Excerpt: ... quash service of summons CAUSAL DOCUMENT/DATE FILED: Motion to Set Aside, 11/28/2017 stolo The Court intends to Deny the motion to set aside based upon Code of Civil Procedure §473(d). The Court intends set aside the default based upon Code of Civil Procedure §473(b). The Court intends to Deny the request to quash the service of summons. The evidence establishes that there was a defect with the substituted service. Joseph Janik could reasonabl...

Excerpt: ...s before the Court for hearing on the renewed motions for approval of good faith settlements pursuant to Code of Civil Procedure section 877.6 of the following defendants: (1) Anita Hidalgo Newcomb and Jose Pascual ("Newcomb" and "Pascual"); and (2) Francisco's Fruits, Inc., and MMFG, LLC. ("Francisco's" and "MMFG") The renewed motions are opposed by defendants and cross‐complainants, Flat Creek Transport...

Excerpt: .../2018 stolo The Court intends to Sustain Without Leave to Amend the Demurrer to causes of action 3 ‐ Breach of contract, 4 ‐ Declaratory relief & 5 ‐ Breach of contract and bad faith. Plaintiff has plead insufficient facts to state a cause of action and pursuant to Moradi‐Shalal v. Fireman's Fund Ins. Companies (1988) 46 Cal. 3d 287, 308, Plaintiffs cannot state facts sufficient to state any cause of action. Contrary to Plaintiffs'...

Excerpt: ... in courtroom 43 will begin at 9 a.m. 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 CourtCall, please call in between 8:35 and 8:45 a.m. With respect to the below scheduled tentative ruling, no notice of intent to appear is required. If you wish to submit on the tentative decision, you can send an email to the court at: [email protected]...

Excerpt: ...rt will GRANT partial relief by way of peremptory writ. The statement that today the City of Oxnard has a balanced budget has been shown by clear and convincing evidence to be false; the FY 2017‐2018 budget is not balanced. The statement that the City of Oxnard has the first clean audit in decades has also been shown by clear and convincing evidence to be false; the City has had clean audits within the past decade. The court DENIES the petition...

Excerpt: ...D Schwetz' motion to vacate 'tentative' decision. D's claim that the decision was not consistent with the undisputed evidence submitted at trial was not substantiated as D presented no evidence that reflects what was or was not 'undisputed'. D's claim that P didn't establish the elements to support causes of action 1‐3 is an insufficient evidence argument, not a CCP 663 argument. D's argument about the Court ...

Excerpt: ...She had 100 days from that date to file a motion to vacate the award. That was not done. This motion is a collateral attack on the arbitration award. Furthermore, there is no showing of a defense on the merits to the award. ...

Excerpt: ... Motion ‐ Other, 01/30/2018 stolo 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. With respect to the below scheduled tentative ruling, no notice of intent to appear is required. If you wish to submit o...

Excerpt: ...ant fires her for a non‐discriminatory reason, i.e. he has eliminated her position. Plaintiff contends that she was fired for "associational" discrimination, i.e. spending time with her disabled mother. Plaintiff does not offer evidence to raise a triable issue of fact as to the reason for the termination of her employment. Defendant's evidence as submitted with its reply is not considered. It should have been part of the moving pap...

Excerpt: ... Motion ‐ Other, 01/30/2018 stolo 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. With respect to the below scheduled tentative ruling, no notice of intent to appear is required. If you wish to submit o...