Excerpt: ...r uncertainty is Overruled. There are no uncertainties in the FAC which cannot be clarified through discovery. See Khoury v. Maly's oif California, 14 Cal.App.4th 612. Moving defendant's demurrer for failure to state a claim to the FAC as a whole is Overruled. Although not addressed by the parties, a general demurrer for failure to state a claim directed to the complaint as a whole should be denied if some portion of the complaint states ...

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: ...tatement 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 that you submit on the ...

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: ...29/2018 stolo Plaintiffs' motion for fees on appeal is GRANTED IN PART in the amount of $73,529.95. The Court reduced the award based on Brian Bickel's excessive hourly rate (which has been reduced to $450) and the excessive time reported to have spent in connection with this motion (which has been reduced by 20 hours). Thus, the underlying lodestar figure is $65,610.50. The Court finds that a multiplier of 1.1 is warranted, and therefore...

Excerpt: ...E FILED: Motion ‐ Other, 10/04/2018 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 su...

Excerpt: ...her, 09/25/2018 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 ...

Excerpt: ... October 29, 2018 on Defendants/Cross‐Complainants Kelly Frederick's and Timothy Athens' Motion to Disqualify Plaintiff/Cross‐Defendant Tricoast Builders, Inc.'s and Cross‐Defendant Michael Connette's Counsel of Record The court finds that Plaintiff and Cross‐Defendant fail to demonstrate that Defendants' delay in bringing this motion and the resulting prejudice is so extreme as to support a finding that Defendants hav...

Excerpt: ...for Summary Judgment and/or Adjudication, 06/07/2018 stolo The Court intends to rule as follows: Defendant's request for judicial notice is GRANTED. Defendant's motion for summary judgment of the entire action is DENIED, and Defendant's motion for summary adjudication is GRANTED IN PART and DENIED IN PART. The motion for summary adjudication is DENIED as to the second, third, fifth, sixth, seventh, eighth, and ninth causes of action. ...

Excerpt: ... 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 that you submit on the tentative. A...

Excerpt: ...on ‐ Other, 08/20/2018 stolo The court intends to DENY Petitioner Gail Simpson's Petition to be Relieved from Provisions of Gov. Code 945.4 because: (1) It is time‐barred because Petitioner did not present her application for late claim relief within one year of the accrual of her cause(s) of action and the court does not have jurisdiction over the late claim and may not grant relief. Filing a late‐claim application within one year of t...

Excerpt: ...Court GRANTS the defendant's request for judicial notice. Judicial notice is taken of defendant's Exhibits A, D‐M. (Evid. Code, §§ 451 and 452.) The Court finds the following undisputed material facts ("UMFs") are undisputed and established: 1‐64. The Court GRANTS defendant's motion for summary judgment on the second amended complaint. Defendant has made a persuasive argument that summary judgment is proper as there is n...

Excerpt: ...or 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] statin...

Excerpt: ... Mark C. Sherwood's and Suncoast Produce, Inc.'s Demurrer to Plaintiff John Paul Voita's Second Amended Complaint The court sustains, without leave to amend, Defendants Mark C. Sherwood's ("Sherwood") and Suncoast Produce, Inc.'s ("Suncoast") general demurrer to the first cause of action for fraud in Plaintiff John Paul Voita's Second Amended Complaint (SAC), on the grounds that Plaintiff fails to allege fa...

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 submi...

Excerpt: ...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 on the tent...

Excerpt: ...e 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 at: Cou...

Excerpt: ...he 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: ...on 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@v...

Excerpt: ...urt'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 o...

Excerpt: ...her, 08/16/2018 stolo Dr. Jaeger: Plaintiff does not object to this IME. Dr. Rudin: Defendants admit that notice of this IME was not served pursuant to CCP § 2032.220(d). They request relief under CCP § 473(b). The court could grant this relief. However, given that the expert discovery cut‐off is governed by the 1/7/19 trial date, defendants would not seem to need relief from their untimely notice as there is time to properly serve another no...

Excerpt: ...s‐Complainants' motion for a preliminary injunction will be DENIED. Although they have shown a likelihood of prevailing on the merits, they have failed to show that the interim harm that they are likely to suffer if the injunction is denied outweighs the harm that Plaintiff is likely to suffer if the injunction is granted. 1. Likelihood Cross‐Complainants Will Prevail on the Merits In support of this motion, Cross‐Complainants generally...

Excerpt: ...urposes. 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 y...

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: ...'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...