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: ... 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: ...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: ...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: ...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: ... 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 Courtroom [email protected] ...

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 Courtroom 20@v...

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: ...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: .../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: ...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: ...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...