Category: California Tentative Rulings

Defendant?s Motion for Summary Judgment Defendant DRAGOS GAVRILESCU moves for summary judgment as to the entire Original Complaint and all 5 causes of action alleged therein, which was filed on 4/04/16 by Plaintiff SURETEC INS. CO. Defendant argues that he has a complete defense to the entire action against him because on 3/18/15, in a […]

Motion for Summary Judgment The Defendants Candace Edwards, David Edwards, and Kimberly Edwards motion seeking summary judgment in their favor with respect to the plaintiff?s single cause of action for general negligence against them is denied. First Amended Complaint Allegations: Plaintiff Heather Gallant alleges one cause of action for general negligence against defendants Candace Edwards, […]

DEFENDANTS GAREY LEE WEBER AND CALIFORNIA FOOT AND ANKLE INSTITUTE?S MOTION FOR SUMMARY JUDGMENT Defendants? Motion for Summary Judgment is DENIED. Defendant Garey Lee Weber moves for summary judgment of Plaintiff?s sole claim for medical negligence on the ground that Weber?s care of Plaintiff was within the standard of care and did not cause or […]

Motion to Compel IMEs?????? This case arises out of a two-vehicle collision occurring on 07/14/14 in Anaheim.? Plaintiff was traveling eastbound through an intersection on a green light when she was struck by defendant?s police vehicle.? According to plaintiff, defendant did not have emergency lights or sirens on when entering the intersection, and is therefore […]

Motion to Compel Initial Responses??????? This is a collections case brought by a workers? compensation insurer against an insured for underpaid premiums (roughly $30,000 in total).? Before the Court this day are two unopposed discovery motions by plaintiff seeking an order compelling defendant to provide responses.? Service of the motions appears proper, but no opposition […]

Defendant?s Demurrer and Motion to Strike First Amended Complaint Defendant BREA CORSICAN VILLAS HOMEOWNERS ASSOCIATION demurs to the 1st and 3rd causes of action in the First Amended Complaint filed on 1/24/17 by Plaintiffs JOAN WRIGHT-ROMERO and STEPHEN ROMERO. Defendant also moves to strike certain portions of the FAC. The court OVERRULES the Demurrer in […]

Motion to Transfer Action (Venue)????????? CMC The Court is inclined to grant Defendants Padilla and Precision Engineering Surveyor?s Motion to transfer venue to San Bernardino County Superior Court. Plaintiff takes the position that the general rule of venue (the residence of the defendant, in CCP ?395(a)), does not apply because a more specific venue provision […]

Plaintiff?s (3) Motions to Compel Further Discovery Responses (0) disputed Form Interrogatories DENIED. Plaintiff Andrew Nguyen?s motion is very confusing to the court. The caption to the notice of motion states that Plaintiff is moving to compel Defendant Palm Retirement Center LLC to provide further responses to Plaintiff?s first set of form interrogatories.? However, no […]

SLAPP Motion?????????? Defendants Michael Molfetta, Kenneth Reed and Klaudia Castellano bring a Special Motion to Strike Plaintiff?s Complaint pursuant to CCP ? 425.16.? Defendants assert that Plaintiff?s complaint arises entirely out of protected activity and Plaintiff has no likelihood of prevailing on the merits.? The motion is unopposed. Pursuant to CCP ?425.16 (b) (1), ?A […]

Demurrer to 3rd Amended Complaint??? Defendant Bank of America, N.A. (?BANA?) demurs to the 10th, 11th and 12th causes of action.? BANA initially demurred to the 7th c/a but Plaintiffs? opposition acknowledged that the 7th c/a was not alleged against BANA (BANA is not included in the complaint as a defendant on the 7th c/a), […]

Defendant Charles D. Hasse, D.D.S.? Motion for Protective Order Limiting Discovery is denied. Defendant Charles D. Hasse, D.D.S. (?Defendant?) did not promptly seek a protective order.? Code Civ. Proc., ? 2030.090(a).? Plaintiff propounded the special interrogatories at issue on 5/4/2016 by mail.?? Defendant served his responses by mail on 6/1/2016.? The Court granted plaintiff?s motion […]

Defendant Interinsurance Exchange of the Automobile Club?s motion to specially set trial of affirmative defense is denied. Pursuant to California Code of Civil Procedure (?CCP?) section 597, when an ?answer pleads that the action is barred by the statute of limitations, or by a prior judgment, or that another action is pending upon the same […]

Defendant James Welch?s (?Welch?) Petition for an Order to Compel Binding Arbitration is DENIED. Welch has carried his initial burden of establishing a written agreement to arbitrate and that plaintiff?s claims are within the scope of the agreement for binding arbitration.? (Code Civ. Proc., ? 1281.2; Mansouri v. Sup. Ct. (Fleur Du Lac Estates Ass?n) […]

The Motion for Judgment on the Pleadings is GRANTED. Defendant?s Request For Judicial Notice is GRANTED as to items A-G, inclusive. Such notice is limited to the existence of, filing/recording of, and the legal effect of such instruments, pleadings, and court records, but not as to the truth of any disputed factual matter therein. Waiver: […]

Plaintiff and cross-defendant Garth Murrin?s motion for judgment on the pleadings for each cause of action in both his complaint against defendant Tram Phan and as to Ms. Pham?s cross-complaint against Plaintiff/Cross-Defendant is denied in part and granted in part.? The motion is denied as to the fourth cause of action for quiet title in […]

Defendant Dr. Leevil, LLC?s request for judicial notice is granted in part and denied in part.? The Court takes judicial notice of the verified first amended complaint filed in the Orange County Superior Court having case number 30-2015-0801134.? However, the Court may not take judicial notice of the truth of the matter stated in the […]

Defendant Donna Mize?s unopposed motion to dismiss the action of plaintiff for failure to obey court orders and for monetary sanctions of $519 is denied without prejudice.? Defendant offered no legal authority to support a motion to dismiss and instead should have been more properly titled a motion for terminating and monetary sanctions against plaintiff. […]

Case Number: BC632388??? Hearing Date: March 20, 2017??? Dept: 40 MOVING PARTIES: Defendant Game Show Network, LLC OPPOSITION: Plaintiff Delia Murillo MOTIONS: (1) FOR TERMINATING SANCTIONS (2) TO COMPEL DEPOSITION (3) REQUEST TO SET OSC RE CONTEMPT (4) FOR ADDITIONAL MONETARY SANCTIONS Plaintiff sues defendant for wrongful termination, pregnancy discrimination, and related claims. On August […]

Case Number: BC631548??? Hearing Date: March 20, 2017??? Dept: 40 MOVING PARTY: Defendant Natalie Valderrama OPPOSITION: Plaintiff Richard Herbert Plaintiff sues defendant for assault and battery. According to the allegations, on August 26, 2014, defendant (apparently a CVS employee) assaulted and battered plaintiff while he was shopping at a CVS store, causing emotional distress. Defendant […]

Case Number: BC615561??? Hearing Date: March 20, 2017??? Dept: 58 Hearing Date: Monday, March 20, 2017 Calendar No: 5 Case Name: TRC MM, LLC v. Park Case No.: BC615561 Motion: Motion for Attorney Fees Moving Party: Plaintiff TRC MM, LLC Responding Party: No opposition filed Tentative Ruling: Motion for attorney fees is granted as requested. […]

Case Number: BC611130??? Hearing Date: March 20, 2017??? Dept: 37 CASE NAME: ABS-CBN Global Remittance, Inc. v. Island Pacific Supermarkets, Inc., et al. CASE NUMBER: BC611130 HEARING DATE: 3/20/17 CALENDAR NUMBER: 7 DATE FILED: 1/22/16 TRIAL DATE: 8/22/17 NOTICE: OK PROCEEDING: Motion for Leave to File First Amended Complaint MOVING PARTY: Plaintiff ABS-CBN Global Remittance, […]

Case Number: BC577100??? Hearing Date: March 20, 2017??? Dept: 37 CASE NAME: Merino, et al. v. Metro Apts, LLC, et al. CASE NO.: BC577100 HEARING DATE: 3/20/17 DEPARTMENT: 37 CALENDAR NO.: 8 TRIAL DATE: N/A NOTICE: OK SUBJECT: Motion to Dismiss Plaintiffs? Equitable Cause of Action for ?Violation of Business and Professions Code section 17200? […]

CASE NAME: Larrios v. Freis, et al. CASE NO.: BC581957 HEARING DATE: 11/18/16 DEPARTMENT: 37 CALENDAR NO.: 7 TRIAL DATE: 12/6/16 NOTICE: OK SUBJECT: Motion for Summary Judgment or Adjudication of Issues MOVING PARTY: Defendant Jon H. Freis, a self-represented litigant OPPOSING PARTY: Plaintiff Jose Felix Cabrera Larrios COURT?S TENTATIVE RULING The motion for summary […]

Case Number:CGC15544501 Case Title:ALYCESUN DALEY VS. THE REGENTS OF THE UNIVERSITY OF CALIFORNIA ET AL (Defts’ Challenge Judge Goldsmith) Court Date:MAR-16-2017 09:00 AM Calendar Matter:Plaintiffs Motion For Protective Order Or In The Alternative To Limit The Scope Of The Deposition Of Brandon Myers; Memorandum Of Points And Authorities; Declaration Of Jodi C. Page Rulings:SET FOR […]

Case Number:CGC15544501 Case Title: ALYCESUN DALEY VS. THE REGENTS OF THE UNIVERSITY OF CALIFORNIA ET AL (Defts’ Challenge Judge Goldsmith) Court Date:MAR-16-2017 09:00 AM Calendar Matter:Motion To Limit The Number Of Defendants Experts To Be Called At Trial Rulings:SET FOR HEARING ON THURSDAY MARCH 16 2017, LINE 4, Motion To Limit The Number Of Defendants […]