Category: California Tentative Rulings

Motion: Summary Judgment and/or Summary Adjudication.??Moving Party Plaintiff State Compensation Insurance Fund. Responding Party Defendant Lokesh Tantuwaya. Ruling: State Compensation Ins. Fund?s Motion for Summary Judgment is GRANTED. Defendant?s Application to Seal Documents is GRANTED. Plaintiff?s Objections to Evidence are OVERRULED. The court did not consider evidence submitted with the Reply.?Jay v. Mahaffey?(2013) 218 Cal.App.4th […]

Motion: Demurrer to Cross-Complaint.?Moving Party Plaintiff/Cross-Defendant Tina Dutta-Ladva. Responding Party Defendant/Cross-Complainant Alliance Healthcare Services.?? Ruling: Plaintiff/Cross-Defendant Tina Dutta-Ladva?s demurrer to cross-complainant is OVERRULED in part and SUSTAINED in part with 15 days leave to amend. First cause of action for violation of California Penal Code section 502 Defendant/Cross-Complainant Alliance Healthcare Services stated sufficient facts to […]

Motion: Transfer and Coordinate Cases.?Moving Party?Defendant Kyle Crisanti. Responding Party Plaintiff Jack Botros; Defendants Amanda Stergas, Marc and Nancy Penso; Plaintiffs Juan, Damien and Jacob Rodriguez and Michelle Diaz. Ruling: The Motion to Transfer and Coordinate Cases is DENIED. Pursuant to?Code Civ. Proc., ? 403, the court exercises its discretion to deny the motion. Because […]

The Court rules as follows on Plaintiff?s objections to evidence: Declaration of Laura Perches. 1-3?????Overruled Declaration of Jeffrey E. Fields. 1-2???? Overruled The court rules as follows on Defendants? objections to evidence: Declaration of Denise Datta. 1.???????Overruled. 2.?????? Overruled. 3.?????? Overruled as to first two sentences, sustained as to balance, lack of foundation. The motion […]

Plaintiff Cuong H. Do moves for summary judgment as to his Complaint for breach of promissory note against defendant Eileen Cambe. Code of Civil Procedure ?437c(p)(1), which states: ?A plaintiff or cross-complainant has met his or her burden of showing that there is no defense to a cause of action if that party has proved […]

Defendant Tawa Supermarket Inc?s Petition to Compel Arbitration and to Stay Litigation Defendant?s motion to compel arbitration is?granted?as to 1st, 3rd-7th, and 9-11th causes of action contained in Plaintiff?s complaint filed 6/1/17.? The remaining causes of action in that complaint are stayed pending arbitration. Defendant?s motion satisfied Defendant?s initial burden of establishing an agreement to […]

1) Defendants?Bank of America N.A. Bank of America Corporation, Countrywide Financial Corporation, Countrywide Home Loans Inc., Reconstruct Company N.A., CTC Real Estate Services and Landsafe Inc?sDemurrer to Fifth Amended Compaint and Motion to Dismiss?the action as to?Plaintiffs Coye Decuir, Raivie and Ruffel Galura and Michael and Barbara Gauthier. Demurrer to claims of Martha Diaz Defendants […]

Defendant Chipotle Mexican Grill Inc.?s Demurrer to Complaint Defendant?s demurrers to the 1st, 2nd and 3rd causes of action are?sustained without leave to amend. Plaintiff complains that when she asked for (and received) 3 tacos with a combination of meats (2 chicken and 1 steak), she was charged the price assigned to three tacos of […]

1)Defendants MC Painting Inc dba MC Painting and MC Contracting, Michael Christian Lewis and Kerry Lynn Lewis?s Demurrer to Complaint 2)Case Management Conference Defendants’ demurrer is?overruled. A demurrer for uncertainty is strictly construed, even where a complaint is in some respects uncertain, ?because ambiguities can be clarified under modern discovery procedures.???Khoury v. Maly?s of California, […]

Christopher Furnival et al vs Judith Dale et al Case No:17CV02272Hearing Date:Wed May 02, 2018 9:30 Nature of Proceedings:?Motion to Permit Discovery of Financial Information Tentative Ruling: The court denies plaintiff Christopher Furnival?s motion for order permitting discovery of financial information.   Background: This case involves allegedly injurious conditions of property at 4678 Puente Plaza […]

County of Santa Barbara vs Financial Casualty & Surety Inc Case No: 18CV0980 Hearing Date: Wed May 02, 2018 9:30 Nature of Proceedings:?Motion: Set Aside Summary Judgment on Bond Forfeiture Tentative Ruling: The court continues the hearing on defendant Financial Casualty & Surety, Inc.?s Motion to Set Aside Summary Judgment on Bond Forfeiture to June […]

Ryan Kaufman vs Apeel Technology Inc et al Case No: 17CV03060 Hearing Date: Wed May 02, 2018 9:30 Nature of Proceedings:?(3) Motions to Compel; (1) Demurrer TENTATIVE RULING:???? The demurrer of defendants Los Carneros Opportunity, LP, and Daketta Los Carneros, LLC, to plaintiff?s third and fourth causes of action for products liability and negligence per […]

Wells Fargo Bank NA vs Sara R Guzik Case No: 17CV04005 Hearing Date: Wed May 02, 2018 9:30 Nature of Proceedings:?Motion for Summary Judgment TENTATIVE RULING: For the reasons set forth herein, the motion of plaintiff Wells Fargo Bank, N.A., for summary judgment is granted against defendant Sara R. Guzik in the amount of $5,205.13. […]

Everest National Insurance Co vs Sunrise West Painting & Construction Inc Case No: 17CV03238 Hearing Date: Wed May 02, 2018 9:30 Nature of Proceedings:?Motion to Strike Answer TENTATIVE RULING: Unless defendant seeks further time to obtain counsel at or before the hearing of this motion, the Court will grant the motion, order the answer of […]

Defendant Tustin Unified School District?s (?TUSD?) motion for attorney?s fees against plaintiff 1901 First Street Owner, LLC, pursuant to?C.C.P.?? 425.16(c), is GRANTED in the sum of $95,945.32. C.C.P.?? 425.16(c) has been interpreted to permit recovery of only?reasonable?attorney?s fees and costs.?See,?Robertson v. Rodriguez?(1995) 36 Cal.App.4th?347, 362. The court applied its own knowledge in evaluating the challenges […]

Defendants Singh Organic Soils, LLC and Ken Singh?s motion to quash service of summons based on lack of personal jurisdiction as to the complaint filed by plaintiffs Steve Thacher and Premiere Media Group, Inc. is GRANTED.?See,?C.C.P. ??418.10(a)(1). A plaintiff bears the burden of proving that a nonresident defendant has sufficient contacts with the forum state […]

Nature of Proceedings: Motion Strike 3rd Amended Complaint CASE: Alfred Pirjanians, et al. v. Windsor Capital Group, Inc., Case No. 16CV03797 (Judge Sterne) HEARING DATE:??????????????? April 9, 2018 MATTER: Motion to Strike Portions of Plaintiffs? Third Amended Complaint without Leave to Amend ATTORNEYS: Gor Mnatsakanyan for Plaintiffs Alfred Pirjanians, Arusyak Pirjanians, and Aidan Pirjanians Zojeila […]

Nature of Proceedings: Demurrer to First Amended Complaint TENTATIVE RULING:???? Defendant?s demurrer to plaintiff?s first amended complaint for unlawful detainer is overruled. Defendant shall file and serve his answer to the complaint on or before April 11, 2018.   BACKGROUND: This is an action for unlawful detainer. On May 26, 2017, plaintiff People?s Self Help […]

Nature of Proceedings: Terminating Sanctions Tentative Ruling: The court grants, in part, the motion of plaintiff and cross-defendants Tine F. Sloan, Michael Corrigan, and Michael Conner for terminating sanctions or other discovery sanctions. The court orders as follows: Plaintiff/cross-complainant, Gregg Patronyk shall attend his deposition on a date and time and at a place determined […]

Nature of Proceedings: Motion: Leave to Seal Tentative Ruling: The court grants defendants? motion for leave to file under seal the following documents: 1) Santa Barbara County Jail Management System Records of Jeffrey Whitson; 2) Adoption Decision and Order for Judgment, Santa Barbara Superior Court Consolidated Case Nos. 15 FL00172, 15FL00556 and 15FL00599; 3) excerpts […]

On 11/27/17, Plaintiffs Cristina and Ronaldo Marquez filed their Original Complaint alleging claims for breach of express and implied warranties arising from their purchase of an allegedly defective Ford Escape from Defendant Drivetime Car Sales Co. LLC. In lieu of filing an answer, Defendant Drivetime petitions the court to compel arbitration of this dispute and […]

Plaintiff HB Park, LLC?s Motion For Reconsideration of the Court?s 01/04/18 Order Vacating Default of Defendant Rocky DeFrancis is DENIED Plaintiff has failed to meet its burden for relief under Code Civ. Proc. ? 1008(a) or (b). The application is not accompanied by an affidavit or declaration, the motion fails to present new or different […]

The demurrer by defendants Thomas Mahony and Sonya Mahony (the Mahonys) to first amended complaint is OVERRULED in its entirety. The reporter?s transcript from the hearing on Coral Farms, LP, Susan Mikos, and Paul Mikos? (collectively, plaintiffs) motion for entry of judgment pursuant to Code of Civil Procedure section 664.6 (664.6 motion) heard in the […]

Petitioner?s Motion to Compel Arbitration is DENIED.? The central issue in this motion is whether the determination of the timeliness of the petition is made by the court or whether it is left to the arbitrator.? It is agreed that waiver is a court decision.? [CCP section 1281.2; Allstate v. Gonzalez (1995) 38 Cal.App.4th 783]?? […]

Case Name: Peralta v. San Jose Healthcare System, LP, et al. Case No.: 17-CV-307632 Defendant Katrina Barnett, M.D. (?Defendant? or ?Dr. Barnett?) moves for summary judgment in her favor and against plaintiff Hugo Peralta (?Plaintiff?). After full review of the evidence, separate statements and authorities submitted by the parties, the Court makes the following rulings: […]