Category: California Tentative Rulings

Re: ???????????????????????????? Dias v. Chrysler Group, LLC, et al. Court Case No. 17 CECG 00165 Hearing Date: ?????????? If Requested: December 21, 2017 @ 1:30 p.m. (Dept. 402) Motion: ???????????????????? Motion to Seal Portions of Minor?s Compromise Minor?s Compromise Tentative Ruling: this case To deny motion to seal; to deny minor?s compromise, unless at or […]

Re: ????? ??????????? ??????????? ??????????? A.U. v. Monson-Sultana Joint Union Elementary School???????????????????????????????????????????????? District? Superior Court Case No. 15 CECG 02240 ? Hearing Date: ?????????? ??????????? If Requested: December 21, 2017 @ 1:30 p.m. (Dept. 402)   Motion: ????????? ??????????? ??????????? By Defendant for summary judgment, or in the alternative, summary adjudication Tentative Ruling: ?To deny […]

Tentative Ruling     Re: ? John Pevyhouse v. Karen Higgens? ? Superior Court No. 15CECG03343   ? Hearing Date:   Wednesday, October 19, 2016 (Dept. 501) Motion: (1) Plaintiffs? Demurrer to Answer   ? (2) Plaitniffs? Motion to Strike Answer Tentative Ruling: ?   To Sustain demurrer to: Second Affirmative Defense (1); Third Affirmative […]

Motion to Compel Answers to Form Interrogatories filed by Timothy? Mcquiggan Motion to Compel Answers to Special Interrogatories filed by Timothy? Mcquiggan Motion to Compel Production filed by Timothy? Mcquiggan Motion to Deem Facts Admitted filed by Timothy? Mcquiggan Plaintiff Timothy McQuiggan?s Unopposed Motion to Compel Defendant Tri-Emerald Financial Group, Inc. to Provide Initial Responses, […]

Defendants? Demurrer to Complaint is sustained with 15 days leave to amend as to the 2nd, 7th and 9th causes of action, and is overruled as to the 1st, 3rd-6th and 8th causes of action. Plaintiff alleges in paragraph 2 that he was the employee of all four defendants, and the court must accept that […]

Respondent Gary Nelson?s Motion for Order Awarding Attorney?s Fees Against Cindy Maddux and Charging Such Fees Against Ms. Maddux?s Share of the Nelson Trust is denied.? This court cannot conclude that Maddux?s petition was frivolous, or that she brought this litigation wrongfully or in bad faith, justifying an award under?Rudnick v. Rudnick(2009) 179 Cal. App. […]

MOTION FOR SANCTIONS RE JOSEPH GYORGY, JR. The court DENIES Joann Gyorgy Kendall?s (?Joann?s?) motions for issue/evidentiary sanctions against Joseph Gyorgy, Jr. (?Joseph?), but GRANTS the alternative request for an order compelling Joseph to serve verified responses, without objection, to the first sets of Form Interrogatories ? General and Special Interrogatories. The Form Interrogatories and […]

MOTION FOR ?PREVAILING PARTY? DETERMINATION The court DENIES the motion by Elisabeth Miranda (?Elisabeth?) and Patricia Gauvin (?Patricia?) for an order determining them to be the ?prevailing parties? pursuant to Code of Civil Procedure section 1032 (?Section 1032?). There appears to be no basis for determining whether Elisabeth and Patricia are ?prevailing parties? under Section […]

The motion for summary judgment by defendants Omid Shayan, DDS and Cypress Dental Group is DENIED. Plaintiffs Vidya Ranasinghe, et al. have presented evidence creating a triable issue of material fact as to whether defendant Dr. Shayan breached the standard of care in his care and treatment of plaintiff Vidya Ranasinghe. [See, Plaintiffs? UMF Nos. […]

Demurrer Defendants? Request For judicial Notice is GRANTED. Notice is limited to the existence of, filing of, and legal effect of the pleadings, and not as to the truth of any disputed factual matter therein. The general demurrers by Defendants Erin Ward and West Coast Enterprises, LLC to the First to Ninth Causes of Action […]

The motions by specially appearing defendants APG-DET, LLC (APG) and APM-DET, LLC?s (APM) to quash service of summons are DENIED. The deposition testimony of Saman Shams (Shams), APG?s and APM?s designated person most qualified, shows APG and APM purposefully availed themselves of California benefits by maintaining an office in California, hiring California residents to conduct […]

Plaintiff?s motion for an order requiring an opt-out notice to be sent, approving a third party administrator and setting a date certain by which Genex must provide the names and addresses to the third party administrator for mailing is?denied.? The denial is without prejudice to either party seeking a?Belaire-West?notice in connection with discovery requests or […]

Case Name: 801 Boggs, LLC v. Golden Bay Properties, LLC, et al. Case No.: 17-CV-309039 This action initiated by plaintiff 801 Boggs, LLC (?Boggs?), assignee of James Lowder (?Lowder?), against defendants Golden Bay Properties, LLC (?GBP?), Raymond Vuong, Paul Vuong (?Paul?), Son Vuong (?Son?), and Ho Vuong arises from the failure to disclose certain property […]

Case Name:??? B Repollo, et al. v. Nationstar Mortgage, LLC, et al.?????? ????????????? Case No.:??????? 2016-CV-300236 Motion for Reconsideration by Plaintiffs B Repollo and Rodolfo Repollo Factual and Procedural Background This is a wrongful foreclosure action.? Plaintiffs B Repollo and Rodolfo Repollo (collectively, ?Plaintiffs?) (self-represented) were owners of real property located at 3814 Meadowlands Lane […]

Case Name: ?? Rose Court LLC, et al. v. Select Portfolio Servicing, Inc., et al. Case No.:??????? 2017-1-CV-313755 On April 24, 2007, plaintiff Teri H. Nguyen (?Nguyen?) refinanced a loan on the subject property in Monte Sereno for $2,500,000 with lender Washington Mutual Bank, FA (?WAMU?).? (See complaint, ? 6, exhs. 2-3 (listing ?Teri Ha […]

Case Name: Creative Circle, LLC v. Photon Infotech, Inc. Case No.: 16-CV-293066 This action initiated by plaintiff Creative Circle, LLC (?Creative Circle?) against defendant Photon Infotech, Inc. (?Photon?) arises from a contract dispute. According to the allegations of the complaint (?Complaint?), Creative Circle is a staffing agency that connects advertising and marketing professionals with companies […]

Defendant?s Motion to Set Aside Default and Default Judgment is DENIED.? The court has broad discretion to vacate a default but the discretion can only be exercised if defendant establishes a proper ground for relief by a proper procedure and within the time limits.? The time limits under CCP section 473(b) and section 473.5 have […]

Case Name: NetApp, Inc. v. GODADDY Special Holdings, Inc., et al. Case No.: 16-CV-301833 Plaintiff/cross-defendant NetApp, Inc. (?NetApp?) demurs to the first amended cross-complaint (?FACC?) filed by defendants/cross-complainants GoDaddy Special Holdings, Inc. (?GoDaddy?), GoDaddy.com, LLC (?GoDaddy.com?), GoDaddy Operating Company, LLC (?GoDaddy OC?), and GoDaddy, Inc. (?GoDaddy, Inc.?) (collectively, ?Defendants? or ?GoDaddy?). This action arises out […]

Case Name:??? Podway Ltd. v. Lars Herold, et al. Case No.:??????? 16-CV-300577 Background ??????????? This lawsuit arises from a dispute over trade secrets ? including technological, financial, and strategic information ? generated in the early stages of the development of a self-driving car business.? (First Amended Complaint (?FAC?), ? 21.) According to the allegations in […]

Defendants? demurrer is?overruled. The Court notes that in his opposition, Plaintiff takes the position that he intends to seek class certification only on the declaratory relief claim.? If Plaintiff wishes to remove the class allegations from the 1st and 2nd c/a, the Court will order them stricken. ?A demurrer to class allegations may be sustained […]

WELCH VS FIDELITY NATIONAL TITLE GROUP Plaintiff’s motion to compel and request for monetary sanctions are?denied.??Defendant?s request for monetary sanctions in the amount of $3,150 against Plaintiff is?granted. Plaintiff moves to compel further responses to Special Interrogatories No. 1, 5 and 6.? As explained by Plaintiff, the interrogatories were designed to obtain information sufficient to […]

RIGHEIMER VS COSTA MESA POLICE ASSOCIATION Before the Court are Special Motions to Strike under C.C.P. ? 425.16, submitted by: (1) Defendant Costa Mesa Police Association (?CMPA?); and (2) Lackie, Dammeier, McGill & Ethir, APC (?LDME?) The Motions are being considered here on remand, based on the appellate opinion issued on 5/9/16, which reversed ?as […]

1-800?s motion to compel dates certain for the depositions Lazo and Hattouni is?granted.? Lazo and Hattouni represent, in their opposition, that they will be deposed in late November.? Although they did not provide the specific dates, it appears from 1-800?s reply brief that the dates agreed for their depositions are 11/28 and 11/30, respectively.? Accordingly, […]

Defendant’s petition to compel arbitration is?granted.? As set forth in the Court?s Minute Order of 9/22/17, the Court finds that Defendant met its burden of establishing that ICG and Defendant entered into a written agreement to arbitrate which covers the claims in this action and that Plaintiffs, acting for ICG, refused to arbitrate. Because the […]

Case Number:?BC602155????Hearing Date:?November 17, 2017????Dept:?34 Plaintiff?s Request for Entry of Default Judgement If Defendant provides the original lease documents, or a declaration as to their unavailability and a proposed order to use copies, the Court will enter judgment in the amount of $690,910.07. BACKGROUND: Plaintiff Ten Twenty Tenth Street LLC commenced this action on 11/23/15 […]