Category: California Tentative Rulings

Case Number:?BC717751????Hearing Date:?October 30, 2018????Dept:?24 Defendant?s Demurrer to the Complaint is SUSTAINED with leave to amend. Defendant?s Motion to Strike?is GRANTED as it relates to the first cause of action. The motion is MOOT as it relates to the 2nd cause of action. Background: This action arises out of allegations by Plaintiffs Vardaman Anderson and […]

Case Number:?BC631631????Hearing Date:?October 30, 2018????Dept:?24 Plaintiff?s Motion for Attorney?s Fees is?continue to November 30, 2018 to allow the parties time to meet and confer as required pursuant to the terms of the parties? settlement agreement. Plaintiff is to file a declaration with the Court, with a courtesy copy filed directly in this department, on or […]

Case Number:?BC693226????Hearing Date:?October 29, 2018????Dept:?24 Plaintiffs? Demurrer to the Answer to the First Amended Complaint filed by Defendants Babak Vahdat, Ev Management, LLC and OPX Logistics, Inc. is OVERRULED as to the 1st ? 14th causes of action and SUSTAINED with leave to amend as to 15th ? 19th causes of action. Background: On February […]

Case Number:?BC688815????Hearing Date:?October 29, 2018????Dept:?47 Sharona Khorramian v. General Motors, LLC (1) DEMURRER TO SECOND AMENDED COMPLAINT (2) MOTION TO STRIKE MOVING PARTY:???????????????(1) & (2) Defendant General Motors, LLC RESPONDING PARTY(S): (1) & (2) Plaintiff Sharona Khorramian STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:? ? ? ? ? ????????????Plaintiff alleges that there were steering, engine and […]

Case Number:?BC714149????Hearing Date:?October 29, 2018????Dept:?47 My-Phuong Pham, et al. v. Ben Bolton, et al. DEMURRER TO COMPLAINT MOVING PARTY:???????????????Defendant Ben Bolton RESPONDING PARTY(S): Plaintiffs My-Phuong Pham, et al. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: Plaintiffs allege that Defendants have constructed a barrier to the easement which Plaintiffs have a right to use. Defendant Ben Bolton […]

Hearing on distribution of surplus proceeds post foreclosure sale.??The funds on deposit with the court shall be distributed to claimant Real Time Solutions, Inc. While the claimant failed to address the issue the ability of a sold out junior lienholder to transfer or assign its rights under Civil Code ? 2924k after a foreclosure sale […]

Petition for appointment of receiver to correct substandard housing.??Petition granted. See,?Health & Safety Code?? 17980.7(c). Petitioner is ordered to submit a supplemental declaration by proposed receiver Mark Adams as to his intended fees and the fees of his company to serve as receiver over the subject Irvine property before he can be appointed.?See,?Health & Safety […]

Defendant Trabuco Highlands Community Association moves for summary judgment as to the Second Amended Complaint of Plaintiff Jennifer Loeffler.? In the alternative, Defendant moves for summary adjudication of 13 issues. The SAC contains four viable causes of action against the Defendant, which are:? the first cause of action for quiet title; the second cause of […]

Defendant the City of Laguna Beach moves for summary judgment or adjudication as to the first cause of action for dangerous condition of public property in the First Amended Complaint filed on 3/13/17 by Plaintiff Lauren Esparza. It is undisputed that Plaintiff?s first cause of action alleges only two dangerous conditions that were substantial factors […]

Defendants Kathy Massoumi, D.D.S. and Kathy Massoumi, D.D.S., Inc. (collectively, ?defendants?) seek an order from the Court compelling Plaintiff to provide verified responses, without objections, to Special Interrogatories, Sets Three and Four, which were propounded upon Plaintiff on 03/26/18 and 06/11/18, respectively, via mail.? (Orozco Decls., Ex. A.) Under Code of Civil Procedure ?2030.290, a […]

Defendant Lacy Construction, seeks an award of attorney?s fees against Plaintiff GXP Consultants Alliance, Inc. (?GXP?) based on section 8.9 of the GXP Alliance Agreement. The fee provision in question states as follows:? ?The prevailing party in any arbitration or litigation brought by either party to this Agreement in connection with this Agreement will be […]

Cross-defendant Patrick Joseph Eccles dba PJE Construction (?PJE?) asks the Court to determine that the settlement reached between he, Plaintiffs William A. Pond and Michaela Pond, and Defendant/Cross-Complainants Hayden Development, Inc. and Kyle C. Hayden are in good faith. On this motion, the Court is tasked with determining whether ?the amount of the settlement is […]

Defendants Mitchell A. Goodis, DDS and Mitchell A. Goodis, DDS, Inc. seek an order from the Court transferring this action to either El Dorado County Superior Court or Sacramento County Superior Court on the ground that the convenience of all parties, non-party witnesses and the ends of justice would be promoted by such a transfer.? […]

The Plaintiff, Alexander Herincx, a minor, by and through his Guardian ad Litem, Ingrid Hernandez?s Unopposed Motion to Continue the current trial date of December 4, 2018 to July 8, 2019 and continue all related deadlines is granted. The trial date is continued from December 5, 2018 to July 8, 2019.?? The Mandatory Settlement Conference […]

Plaintiffs Verus Life, Inc., and Amanda Muzinich?s (?Plaintiffs?) Motion to Consolidate is Granted. ?When actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all the matters in issue in the actions.?? C.C.P. ? 1048(a).? Trials courts have wide discretion […]

Defendants? demurrers to the Third Amended Complaint are overruled at this time. Defendants? Motions to Strike portions of the Third Amended Complaint, are denied at this time. Defendants are to answer within 7 days. Plaintiff to give notice. DEMURRER: 1st C/A (False Promise) The demurrer is overruled.? The pleading now has sufficient detail to permit […]

Defendants Jimmy Kung and Abbie Wang?s (?Defendants? together) Motion to Compel the Depositions of Plaintiff?s Representatives (?Motion?) is Granted.? No later than 10/19/18, Plaintiff is ordered to provide three different weekday date options each, for the depositions of Ken Ko and Fang Chen.? Plaintiff is also ordered to provide sanctions in the amount of $2,015. […]

Case Number:?BC675633????Hearing Date:?October 04, 2018????Dept:?47 Jane Doe v. Talaat Captan, et al. MOTION FOR LEAVE TO AMEND COMPLAINT; REQUEST FOR SANCTIONS MOVING PARTY:???Plaintiff Jane Doe RESPONDING PARTY(S): Defendants Talaat Captan and Air Hollywood, Inc. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:??????????? ????????????Plaintiff alleges a pervasive environment of sexual harassment at Defendants? place of employment.??Plaintiff also alleges […]

Case Number:?BC691656????Hearing Date:?October 04, 2018????Dept:?47 ADLI Law Group PC v. Rasheed Soofi, et al. (1) MOTION TO DISMISS FOR INCONVENIENT FORUM; (2) MOTION TO DISMISS FOR IMPROPER VENUE MOVING PARTY:???????????????(1) & (2) Defendant Rasheed Soofi, in pro per??????????????????????????????????????????????? RESPONDING PARTY(S)??(1) & (2) Plaintiff ADLI Law Group, P.C. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:? ? ? […]

Case Number:?BC693774????Hearing Date:?October 04, 2018????Dept:?47 Robert J. Girard II, et al. v. Christopher Smith, et al. (1) ? (4) DEMURRERS TO FIRST AMENDED COMPLAINT (x4); (5) MOTION TO STRIKE RE: FIRST AMENDED COMPLAINT; (6) NOTICE OF JOINDER IN MOTION TO STRIKE MOVING PARTY:???????????????(1) Defendant Patricia Smith; ????????????????????????????????????????????????(2) Defendant Daniel Crisci; ????????????????????????????????????????????????(3) Defendant Mark Rowlands; ????????????????????????????????????????????????(4) […]

Case Number:?BS172765????Hearing Date:?October 04, 2018????Dept:?85 Narek Davityan v. City of Los Angeles, et al., BS 172765 Tentative decision on demurrer: overruled Respondent City of Los Angeles (?City?)[1]?demurs to the Petition filed by Petitioner Narek Davityan (?Davityan?). The court has read and considered the moving papers (no opposition was filed), and renders the following tentative decision. […]

Case Number:?BS171390????Hearing Date:?October 04, 2018????Dept:?85 Anthony Shorter v. California Department of Corrections and Rehabilitation, et al., BS 171390 Tentative decision on demurrer: sustained without leave to amend Respondent California Department of Corrections and Rehabilitation and Scott Kernan in his official capacity as Secretary of CDCR, (collectively, ?CDCR?) demur to the Petition and Complaint (?Petition?) filed […]

Case Number:?BS168074????Hearing Date:?October 04, 2018????Dept:?85 Robin Rudisill and Jenni Hawk v. California Coastal Commission, et al., BS 168074 Tentative decision on petition for writ of mandate:???granted Petitioners Robin Rudisill (?Rudisill?) and Jenni Hawk (?Hawk?) seek a writ of mandate directing Respondent California Coastal Commission (?Coastal Commission?) to set aside its approval of a coastal development […]

Case Number:?BC712644????Hearing Date:?October 04, 2018????Dept:?85 Bighorn Ventures, LLC v. Lacern Performance Golf Cars, Inc. et al., BC 712644 Tentative decision on application for preliminary injunction:??granted Plaintiff Bighorn Ventures, LLC (?Bighorn?) applies for a preliminary injunction against Defendant Lacern Performance Golf Cars, Inc. (?Lacern?) enjoining it from selling or disposing of any inventory which was stored […]

Case Number:?BC659324????Hearing Date:?October 04, 2018????Dept:?85 Nick Engineering, Inc. v. Breen Engineering, Inc., et al., BC 659324 Tentative decision on application for right to attach order:??denied Plaintiff Nick Engineering, Inc. (?Nick?) seeks a right to attach order in the amount of $63,854.49 against Defendant Breen Engineering, Inc. (?Breen?). The court has read and considered the moving […]