Category: California Tentative Rulings

1.NOTICE OF INTENT TO MOVE FOR NEW TRIAL Plaintiff Sengmany Sithisombath?s Motion for New Trial on the grounds of irregularity in the proceedings [CCP ?657(1)], insufficient evidence to justify the verdict [CCP ?657(6)] and error of law occurring at trial [CCP ?657(7)] is Denied. In support the Motion on the ground of CCP ?657(1), plaintiff […]

1.DEMURRER TO AMENDED COMPLAINT The Demurrer filed by Defendants Hillsford Homeowners Association, David Klein, Cyrus Christian, and Joe Ishak (?Defendants?) as to the Second and Fourth Causes of Action in Plaintiffs? First Amended Complaint (the ?FAC?) is Sustained with 15 days leave to amend. The Second Cause of Action purports to be a claim?for Injunctive […]

1.MOTION FOR ATTORNEY FEES This is a collections case involving a construction project in San Clemente.? Plaintiff contends that defendant Alterra breached a rental agreement for drilling equipment, owing $61,550.00. This is a motion to add attorney fees to the default judgments against Alterra and Subaru. Code of Civil Procedure ?? 1032(b) and 1033.5(a)(10) collectively […]

1.MOTION TO STRIKE OR TAX COSTS Plaintiff?s?Motion to Tax Costs is Granted.? The Motion to Tax, while late-filed, was permitted per the Court?s order of 8/23/17, on Plaintiff?s ex parte seeking leave to permit the late filing. The Motion has thus been considered on the merits. A prevailing employer in a FEHA action should ordinarily […]

1.MOTION FOR ENTRY OF JUDGMENT This is a collection case involving an original debt of just over $91,000 based on a commercial line of credit.? Plaintiff moves to enter judgment pursuant to stipulation and CCP ?664.6. On 05/22/15, during a court-ordered MSC, the parties reached a global settlement.? Plaintiff has now provided this Court with […]

1.MOTION FOR SUMMARY JUDGMENT AND/OR ADJUDICATION MOTION FOR SUMMARY JUDGMENT AND/OR ADJUDICATION The Motion for Summary Judgment filed by Defendant Pagiel Shechter MD is Denied. Plaintiff has presented evidence sufficient to demonstrate that triable issues of material fact exist as to both the standard of care and causation elements. (See UF 2-4.) The motion also […]

1.MOTION FOR SUMMARY JUDGMENT AND/OR ADJUDICATION Plaintiffs? Motion for Summary Judgment On 11/14/16, Plaintiffs?Anthony Arrington,Kathleen Johnston, and their minor children Finn and Jack Arrington filed their First Amended Complaint.? They move for summary judgment as to the sole cause of action for invasion of privacy under PC 632 (a) in the FAC. The Court Denies […]

Motion: Demurrer to Complaint.??Moving Parties?Defendants Alvin Roy Brown and Timothy Smith. Responding Party?Plaintiff Maria Torres. Ruling: Moving Defendants? demurrer to the Complaint is SUSTAINED as to the first, second, third, and fourth causes of action. The demurrer to the second cause of action is SUSTAINED as to Defendant Brown and overruled as to Defendant Smith. […]

Motion 1: Demurrer to First Amended Complaint.?Moving Party Jack Horn.? Responding Party Plaintiff Eugene Diluigi.?Motion 2: Strike Portions of First Amended Complaint.? Moving Party Jack Horn.? Responding Party Plaintiff Eugene Diluigi. Ruling 1: Defendant Jack Horn?s Demurrer to the First Amended Complaint is OVERRULED as to the 2nd-5th?causes of action. Defendant failed to comply with […]

TENTATIVE RULING: ????????????Defendant?s Motion for an Order Dismissing the Action of Plaintiff as a Terminating Sanction is granted.? The action is dismissed with prejudice.?? Defendant is awarded $489 in sanctions against plaintiff and plaintiff?s counsel of record, Timothy Casey. ????????? This court denied defendant?s prior motion for terminating sanctions without prejudice due to service issues.? […]

OSC re Preliminary Injunction Tentative Ruling:??Plaintiff Nha Quyen Tran?s?unopposedMotion for Preliminary Injunction is DENIED. Plaintiff has failed to sufficiently establish that the balancing of harm lies in her favor, and a likelihood of prevailing on the merits at trial. Prevailing Party is to give notice. (1) Plaintiff has failed to sufficiently establish that the balancing […]

(1) Motion for Summary Judgment and/or SAI (2) Motion for Summary Judgment and/or SAI??? Tentative Ruling:? (1)?Defendant Glorieta by the Sea, LLC?s?unopposed?Motion for Summary Judgment is granted. MP has sustained its initial burden to establish none of the causes of action alleged against them have merit. MP submits evidence that it was not the owner […]

(1) Application for Right to Attach Order/Writ of Attachment (2)?OSC? Ruling:? (1-3)?Off Calendar?? no hearing will be held.??Writ of Possession and Writ of Attachment are taken off calendar for lack of proper service. The TRO is dissolved. Friendly Wholesalers of California dba Seemo Cars has not appeared here; and thus, electronic service to an unknown […]

DEFENDANT ALBERTSON?S? LLC DEMURRER TO FIRST AMENDED COMPLAINT Defendant?s request for judicial notice is?granted?as to Exhibits 1, 3 and 10;?denied?as superfluous for Exhibits 2, 4, 5, 6, 7 & 8 (no request for judicial notice is required for documents on file in the instant matter) and?denied?as irrelevant for Exhibit 7. Defendant’s demurrer is?overruled. Defendant argues […]

DEFENDANT SERVPRO INDUSTRIES INC DEMURRER TO FIRST AMENDED COMPLAINT ServPro?s demurrers are?overruled?in their entirety. ServPro claims that the First Amended Complaint does not sufficiently allege its role as an employer.? The First Amended Complaint alleges that ServPro is a joint employer and, further, details some of ServPro?s involvement in the plaintiffs? employment.??FAC, ?? 8-9. In […]

PLAINTIFF CITY OF SANTA ANA MOTION FOR ORDER FOR PREJUDGMENT POSSESSION The Court is inclined to?grant?Plaintiff?s motion for prejudgment possession.? However, the date of possession may depend, in part, upon whether the June 30, 2018 deadline has been extended. Defendant Carrillo acknowledges that the City will obtain possession of the property.? Her opposition merely requests […]

DEFENDANT CVS PHARMACY INC DEMURRER TO FIRST AMENDED COMPLAINT Defendant?s demurrers to the 1st and 2nd causes of action are?overruled. ??A claim made under section 17200 is not confined to anticompetitive business practices, but is also directed toward the public’s right to protection from fraud, deceit, and unlawful conduct. Thus, California courts have consistently interpreted […]

1.DEFENDANTS BANK OF AMERICA N.A., BANK OF AMERICA CORPORATION; COUNTRYWIDE FINANCIAL CORPORATION; COUNTRYWIDE HOME LOANS INC; RECONTRUST COMPANY N.A.; CTC REAL ESTATE SERVICES AND LANDSAFE INC. DEMURRER TO FIFTH AMENDED COMPLAINT 2.PLAINTIFF MARTHA DIAZ AND FADI DIAZ MOTION TO VACATE DISMISSAL 3.PLAINTIFF YOLANDA SOLORIO MOTION TO VACATE DISMISSAL Yolanda Solario?s, Martha Diaz? and Fadi Diaz? […]

DEFENDANT TRAVELER?S COMMERCIAL INSURANCE COMPANY MOTION TO STRIKE PUNITIVE DAMAGES Defendant?s motion to strike is?granted?with leave to amend.? Plaintiff has 10 days in which to amend his complaint. A claim for punitive damages must be pled with factual specificity.??Brousseau v. Jarrett?(1977) 73 Cal.App.3d 864, 872.? Plaintiff must plead sufficient facts establishing oppression, fraud or malice […]

As to all demurrers filed in the Devine and HCR matters the court notes: A demurrer presents an issue of law regarding the sufficiency of the allegations set forth in the complaint.??Lambert v. Carneghi?(2008) 158 Cal.App.4th 1120, 1126.? The challenge is limited to the ?four corners? of the pleading (which includes exhibits attached and incorporated […]

Hearing re distribution of surplus proceeds post foreclosure sale.??The claim of Aliso Viejo Community Association is granted in the amount of $15,413.90.? The claim of Lewis is denied, without prejudice. Civ. Code ? 2924k (a)(4)?requires that the surplus sales proceeds be paid to: ??the trustor?or the trustor’s successor in interest.?In the event the property is […]

Before the Court this day is plaintiff?s application to extend the statutory hold. Pursuant to Fin. Code ?1450, when an adverse claimant delivers to a bank an affidavit disputing the propriety of the account in any way, the bank must honor a three-court-day hold on the account.? This statute is an exception to the general […]

MSJ/MSAI as to HDV on Complaint Plaintiff?s Motion for Summary Judgment, or in the Alternative, Summary Adjudication, of its Complaint Against Harbor View Development, Inc. (?Motion 1?) is?DENIED. In Motion 1, Plaintiffs Legacy Property Holdings LLC and 5001 Partners, L.P. (?Plaintiffs?) move for summary judgment or, in the alternative, summary adjudication on Plaintiffs? Complaint against […]

Defendant ARB Cyclery, LLC?s Motion for an order granting summary judgment in their favor and against Plaintiffs Andrew Bailey and Jerralee Bailey is DENIED.? There is a material issue of triable fact regarding the?Plaintiff?s cause of?action for negligence?and Plaintiff Jerralee Bailey?s cause of action for loss of consortium. Authorities: In determining if a risk is […]

Plaintiff Comerica Bank (?Plaintiff?) is applying for three right to attach orders and writs of attachment, against the guarantors of certain indebtedness of a corporation (Metrocell Construction).? The guarantor- defendants are James H. Culwell, Christine L. Culwell, and the Culwell Family Trust (Trustees, James H. and Christine L. Culwell) (hereinafter ?Defendants?).? The Defendants have? filed […]