Category: California Tentative Rulings

Case Number: BC517468??? Hearing Date: September 07, 2016??? Dept: 310 Juarez v. Keystone Automotive Industries, Inc., et al. MOTION FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT AND MOTION FOR FEES, COSTS, AND INCENTIVE PAYMENT TENTATIVE RULING Grant conditional upon reducing the class representative incentive to $7,500. DISCUSSION I. Background This is a wage and hour […]

1)??? Motion to Bar Enforcement of Lien Creditor and Monetary Sanctions Before the Court is a motion by Plaintiff Chasteen Construction, Inc. dba Heritage Construction, with a caption title seeking (1) ?to bar enforcement of lien creditor National Union Fire Insurance Company of Pittsburgh, PA, and Commerce and Industry Insurance Company, a New York Corporation[,] […]

1)??? Motion to Strike or Tax Costs Memorandum 2)??? Motion to Tax Costs on Appeal and Request for Apportionment and Set-Off 3)??? Motion for Attorney Fees and Costs Pursuant to Federal Fair Labor Standards Act, 29 USC 216(b) Defendant Arthur J. Parent?s motion to tax Plaintiff Amanda Quiles? costs is GRANTED in part and DENIED […]

1)??? Motion for Award of Prejudgment Interest Plaintiff moves for an award of prejudgment interest in her favor at the rate of ten percent (10%) per annum on the verdict of $142,599 beginning April 2007. She argues that, under CCP ? 3287(a), prejudgment interest would equal at least $130,715.76. In the alternative, Plaintiff seeks interest […]

1)??? Motion for Summary Judgment and/or Adjudication 2)?? Status Conference Defendant 24 Hour Fitness USA, Inc.?s motion for summary judgment or, alternatively, for summary adjudication of issues, is DENIED. Preliminary Issues First, Defendant?s 05/09/16 unopposed request for judicial notice is GRANTED.? Second, the Court declines to rule on Defendant?s 07/20/16 objections. ?[T]he court need rule […]

Case Number: BC607276??? Hearing Date: September 06, 2016??? Dept: 31 Plaintiff’s REQUEST FOR ENTRY OF DEFAULT JUDGMENT AGAINST DEFENDANT Ronald Baughman is DENIED. Where the complaint seeks monetary relief that requires ?the exercise of judgment to ascertain (such as emotional distress damages, pain and suffering, or punitive damages), the plaintiff must request entry of judgment […]

Case Number: BC585752??? Hearing Date: September 06, 2016??? Dept: 31 REQUEST FOR ENTRY OF DEFAULT JUDGMENT AGAINST DEFENDANTS Michael Reinboth, Patrick Gallagher, Michael Johnson, Billie Grief, and Desiree Winder is DENIED. On May 18, 2016, this Court issued an order noting two deficiencies regarding Plaintiffs? default prove-up package. At the hearing on the matter, the […]

Case Number: BC575988??? Hearing Date: September 01, 2016??? Dept: 61 Plaintiff James R. Austin?s Application to Vacate Order Sustaining Demurrer is DENIED. Defendant McKesson to submit a proposed judgment to the court within ten days. Austin filed this motion pursuant to Code Civ. Proc. section 473 subdivision (d) and 475. Section 473 subdivision (d) provides: […]

Case Number: BC587290??? Hearing Date: September 02, 2016??? Dept: 58 JUDGE JOHN P. DOYLE DEPARTMENT 58 ________________________________________ Hearing Date: Friday, September 2, 2016 Calendar No: 4 Case Name: Bi, et al. v. Quezada, et al. Case No.: BC587290 Motion: Demurrer to Second Amended Cross-Complaint Moving Party: Cross-Defendant Re/Max Dynasty, Inc. Responding Party: Cross-Complainant Philip Quezada […]

Case Number: BC537988??? Hearing Date: September 02, 2016??? Dept: 58 JUDGE JOHN P. DOYLE DEPARTMENT 58 ________________________________________ Hearing Date: Friday, September 2, 2016 Calendar No: 5 Case Name: Muniz-Ortega, et al. v. Tatung Company of America, Inc. Case No.: BC537988 Motion: Motion for Attorney Fees and Costs on Appeal Moving Party: Defendant Tatung Company of […]

Case Number: BC570854??? Hearing Date: September 01, 2016??? Dept: 58 JUDGE JOHN P. DOYLE DEPARTMENT 58 ________________________________________ Hearing Date: Thursday, September 1, 2016 Calendar No: 7 Case Name: Tract No. 7260 Association, Inc. v. Fix the City Inc. Case No.: BC570854 (r/t SC125328) Motion: Motion to Compel Compliance or for Protective Order Moving Party: Defendants […]

Case Number: BC570735??? Hearing Date: August 29, 2016??? Dept: 34 SUBJECT: Request for Default Judgment Moving Party: Plaintiff Teri Kang Resp. Party: None Plaintiff?s request for default judgment as to Defendants In Sook Shin, James Shin, David Shin, Dream Food Corporation, Vision Trade Corporation and Angus Meat Market is GRANTED as indicated below. BACKGROUND: Plaintiff […]

Case Number: BC621715??? Hearing Date: August 29, 2016??? Dept: 32 ANA M. DE LA RIVA, Plaintiff, v. WEST COVINA NISSAN, LLC, et al. Defendants. Case No.: BC621715 Hearing Date: August 29, 2016 [TENTATIVE] ORDER RE: DEFENDANTS? PETITION TO COMPEL ARBITRATION This action arises out of a dispute in the purchase of a used vehicle. Plaintiff […]

Case Number: BC594504??? Hearing Date: August 29, 2016??? Dept: 32 MARY-KATE DEWARD, et al., Plaintiffs, v. EAT TO THE BEAT!, et al., Defendants. Case No.: BC594504 Hearing Date: August 29, 2016 [TENTATIVE] ORDER RE: MOTION FOR SANCTIONS RE: PLAINTIFFS? FAILURE TO PROCEED WITH DEPOSITION OF CRAIG MARTIN Defendants Eat to the Beat!, dba Caf? 50?s, […]

Case Number: BC564993??? Hearing Date: August 29, 2016??? Dept: 32 KARAM KAMEL, an individual; ENRIQUE JIMENEZ, an individual; CLAUDIO ACEVEDO , an individual, Plaintiff, vs. US FOOD CORP., INC., California Corporation; GREAT AMERICAN CHICKEN CORP., INC., California Corporation; and DOES 1 through 50, inclusive, Defendants. ) Case No.: BC 545860 [TENTATIVE] ORDER RE ATTORNEY FEES […]

Case Number: BC607272??? Hearing Date: August 30, 2016??? Dept: 31 Plaintiff?s unopposed Motion to be Dismissed from Interpleader Action is GRANTED. Vehicle Code ? 17150 provides that ?[e]very owner of a motor vehicle is liable and responsible for death or injury to person or property resulting from a negligent or wrongful act or omission in […]

Case Number: BC599387??? Hearing Date: August 29, 2016??? Dept: 31 Defendant Seterus, Inc.?s unopposed Demurrer to Plaintiffs? First Amended Complaint is SUSTAINED as to the entirety of the FAC asserted by Plaintiff Gabriel Louie Medina, without leave to amend. The demurrer is OVERRULED as to the first, sixth, and ninth causes of action and SUSTAINED […]

Case Number: BC593141??? Hearing Date: August 29, 2016??? Dept: 31 Plaintiff?s Motion for Order Deeming All Requests for Admissions Admitted is DENIED. Plaintiff moves the Court for an order deeming her first set of Request for Admissions admitted on the ground that Defendant failed to provide a timely response. The requests were served via electronic […]

TENTATIVE RULING AND ORDER FOR PLAINTIFF TO APPEAR IN COURT ON SEPTEMBER 9, 2016, 8:30 A .M. JUDGE DALILA C. LYONS DEPARTMENT 20 ________________________________________ Hearing Date: Tuesday, August 23, 2016 (Posted on CourtNet on August 17, 2016) Case Name: Pucin v. Los Angeles Times, et al. Case No.: BC600833 Motion: Terminating Sanctions, or in the […]

TENTATIVE RULING JUDGE DALILA C. LYONS DEPARTMENT 20 ________________________________________ Hearing Date: Thursday, October 1, 2015 (posted 9/29/15) Case Name: Baron v. Hallmark Aviation Services, Inc. Case No.: BC569105 Motion: Motion for Relief from Waiver of Jury Trial Moving Party: Plaintiff Responding Party: Defendant ________________________________________ Ruling: The Motion for Relief from Waiver and for Relief under […]

Case Number: SC124447??? Hearing Date: August 30, 2016??? Dept: K The Special Motion to Strike filed by Cross-Defendant Fatsalagata, Inc. is granted as to the 10th Cause of Action (Abuse of Process). As to the 1st prong of the analysis, an Abuse of Process claim is automatically subject to an Anti-SLAPP Motion. See Jarrow Formulas, […]

Case Number: BC584162??? Hearing Date: August 30, 2016??? Dept: 39 Maro Kasparian v. Estate of Vram Kasparian, et al., BC584162 Plaintiff Maro Kasparian’s Motion for Preliminary Injunction and appointment of a Receiver: DENIED On June 5, 2015 Plaintiff filed the instant action, arising out of Plaintiff?s and Defendants? alleged co-ownership of real property. Plaintiff seeks […]

Case Number: KC068130??? Hearing Date: August 29, 2016??? Dept: O Cornejo v. Aldaz, et al. (KC068130) Defense counsel, Estelle & Kennedy, APLC?s MOTION TO BE RELIEVED AS COUNSEL (x2) Respondent: NO OPPOSITION TENTATIVE RULING Defense counsel, Estelle & Kennedy, APLC?s motion to be relieved as counsel (x2) is GRANTED. Good cause exists to grant the […]

Case Number: KC067009??? Hearing Date: August 29, 2016??? Dept: O Carrillo v. Huff, et al. (KC067009) 1. Defendants W. and L. Huff, and Ronin Oath Investment, LLC?s MOTION FOR ORDER SETTING ASIDE DEFAULT PURSUANT TO CCP 473(b) Respondent: Plaintiff Carrillo 2. Defendant Ronin Oath Investments, LLC?s MOTION FOR PROTECTIVE ORDER AND REQUEST FOR SANCTIONS Respondent: […]

Case Number: KC067736??? Hearing Date: September 02, 2016??? Dept: J Re: Delta Dawgs Construction Corp., etc. v. Qiang Li (KC067736) MOTION TO COMPEL FURTHER DISCOVERY RESPONSES Moving Party: Defendant Qiang Li Respondent: Plaintiff, Delta Dawgs Construction Corp. dba Express Restoration Company POS: Moving OK; Opposing filed just 8 court days prior to the hearing, in […]