Category: California Tentative Rulings

Defendants? motion for summary adjudication and summary judgment of the 9thcause of action (Negligent Supervision) in the 17th issue is granted, based on the cause of action being within the exclusive jurisdiction of workers? compensation. Defendants? motion for summary judgment or alternatively summary adjudication of the 1st through 16th, and 18th through 23 Issues as […]

Plaintiff Comerica Bank?s motion for summary adjudication of its third cause of action for breach of guarantee against defendant Christopher Scott Barton is granted. The elements for a breach of guaranty cause of action are:? (1) the guarantor guaranteed payment of a third party?s indebtedness; (2) the third party defaulted; (3) the guarantor was notified […]

The court denies Defendants Orange Unified School District and Jayme Barks?s Motion for Summary Judgment/Adjudication to the Complaint of Plaintiff Andrew Ashline, by and through his guardian ad litem, Joanna Ashline. Objections Plaintiff failed to file a separate document in the required format and therefore to the extent he attempts to object to evidence in […]

The Demurrer by defendant PNC Bank N.A., erroneously sued as PNC Mortgage, N.A., is sustained in part and overruled in part. The demurrer to the third cause of action for quiet title is sustained with 15 days leave to amend. Plaintiff has not alleged tender to maintain his quiet title claim. Nor has he alleged […]

Defendant Matthew Tyler Kozaks? motion to strike punitive damage allegations and prayer from plaintiff?s complaint is denied. Plaintiff has pled sufficient factual allegations in the 1st amended complaint that defendant was intoxicated, that he knew he was under the influence, that he intentionally drove his vehicle after consuming a large amount of alcohol, and drove […]

Plaintiffs? Motion to Tax Costs is denied. The Plaintiffs have failed to meet their burden of proof.?? As noted by the Defendants, the cases upon which the motion is based, Textron v. National Union, and Slavin v. Fink, have been called into question by the Fourth District inCharton v. Harkey (2016) 247 Cal. App. 4th […]

Plaintiff?s Motion for Preliminary Injunction is denied. The evidentiary objections made by Defendants are sustained.? The evidentiary objections made by Plaintiff, with regard to the Declaration of Ragsdale, are overruled, except as to Nos. 9, 10 and 11, and with regard to the Declaration of Tomassian are overruled as to Nos. 3 and 4, as […]

Demurrer to Complaint Opposition Reply Requests for Judicial Notice Tentative:? Overrule ? 21 days to answer. Defendant Planet DDS developed a web-based dental practice management software that it markets under the name Denticon.? Quality Systems, Inc. (QSI) alleges it has a 7-year contract with Planet DDS for the exclusive marketing rights of the same software […]

Demurrer by Defendant, Western Surety Company, to the First Amended Complaint Opposition Reply Request for Judicial Notice ? no opposition ? grant Tentative:? Sustain ? with or without leave to amend? This is the first opportunity for a court to review the pleading.? Plaintiffs filed a First Amended Complaint before the hearing on defendant’s demurrer […]

Motion by Defendant to Compel Arbitration Opposition Reply Supplemental Opposition Supplemental Reply Tentative:? Grant individual arbitration as to 1st ? 7th causes of action (defendant to pay arbitration costs); stay PAGA cause of action.? Waiver of right to bring class action or arbitration is enforceable, but not subject to “motion to strike.”   The court, […]

Universal Card/SBGA Motion to Seal Opposition Reply Tentative:? Deny in part; grant in part Moving parties seek to seal the following court documents, pursuant to California rules of court, rule 2.550(d): Defendants/Cross-Complainants’ June 8, 2016 supplemental brief; Exhibit B to June 8, 2016 Kinkead declaration in support of Motion to Continue Trial; Exhibit C to […]

Defendant/Cross-Complainant Moorefield Construction, Inc.?s Motion for Determination of Good Faith Settlement The Motion for Determination of Good Faith Settlement by Defendant/Cross-Complainant Moorefield Construction is GRANTED. The hearing on this motion was continued to permit Moorefield to provide evidence that the subject settlement agreement has been executed, and to provide supplemental briefing on what law applies […]

Defendants? Motion to Quash Deposition Subpoenas and Notice of Deposition re Robert Crandall is granted. The Motion arises out of a dispute as to the effect of a Stipulation and resulting Order entered 2/25/16, which continued the trial date in this action.? Per that Stipulation, the Court continued the trial date and FSC date, and […]

Motions to Strike: the Opposition was filed late and was not properly served as there was no agreement to accept service by email. It is within the discretion of the Court to disregard it. Even if the Court decides the matter on the merits, the motions would be granted. On the merits, the FAC fails […]

Case Number: BC590284??? Hearing Date: July 20, 2016??? Dept: 56 Case Name: Romero, et al. v. Brocca Custom Finish Carpentry, Inc., et al. Case No.: BC590284 Matter: Plaintiffs? Motions to Compel Discovery Tentative Ruling: Motion is denied. Plaintiffs Cesar and Tatiana Romero filed this action against Defendants Brocca Custom Finish Carpentry Inc., Daniel Brocca, Aida […]

Case Number: BC607148??? Hearing Date: July 20, 2016??? Dept: 56 Case Name: MH Pillars Ltd. v. PaymentWorld Limited, et al. Case No.: BC607148 Matter: Motion to Intervene by Kenneth D. Bell, Receiver Tentative Ruling: Motion to intervene is granted. Plaintiff MH Pillars Ltd. filed this action against Defendants PaymentWorld Limited, PaymentWorld LLC and Roman Balanko, […]

Case Number: BC610100??? Hearing Date: July 20, 2016??? Dept: 56 Case Name: Urbina, et al. v. Seneca Mortgage Servicing, LLC Case No.: BC610100 Matter: Demurrer to Complaint Tentative Ruling: Demurrer is sustained. Plaintiffs Jose and Aura Urbina filed this action against Defendant Seneca Mortgage Servicing LLC. Plaintiffs allege that Defendant failed to provide a loan […]

Case Number: BC594588??? Hearing Date: July 18, 2016??? Dept: 56 Case Name: Davis, et al. v. Fox Entertainment Group, Inc., et al. Case No.: BC594588 Matter: Motion to Compel Further Responses to RPDs Tentative Ruling: Motion is granted. Plaintiffs Deyon Davis and Cinematic Tunes Inc. filed this action against Fox Entertainment Group Inc., Fox Cable […]

Case Number: BC426353??? Hearing Date: July 18, 2016??? Dept: 56 Case Name: Alexander et al. v. Community Hospital et al. Case No.: BC426353 Motions: Tentative rulings on motions in limine for trial Plaintiff?s motions in limine: 1. Granted in part. Plaintiffs move to exclude evidence concerning the arrest of and a restraining order issued against […]

Case Number: BC605792??? Hearing Date: July 19, 2016??? Dept: 37 CASE NAME: Johnson v. HSBC Bank USA, N.A., et al. CASE NO.: BC605792 HEARING DATE: 7/19/16 DEPARTMENT: 37 CALENDAR NO.: 2 TRIAL DATE: None NOTICE: OK SUBJECT: Motion for Judgment on the Pleadings MOVING PARTY: Defendants Select Portfolio Servicing, Inc. and HSBC Bank USA, N.A. […]

Case Number: BC586199??? Hearing Date: July 19, 2016??? Dept: 37 CASE NAME: Cardona v. The Adelaide Company, LLC, et al. CASE NO.: BC586199 HEARING DATE: 7/19/16 DEPARTMENT: 37 CALENDAR NO.: 6 TRIAL DATE: 11/1/16 NOTICE: OK SUBJECT: Motion to Compel Deposition of Agustina Groening and Request for Discovery and Monetary Sanctions MOVING PARTY: Plaintiff Tania […]

Case Number: B161824??? Hearing Date: July 19, 2016??? Dept: 37 CASE NAME: In re: Petition of Gilmour South, Inc. CASE NO.: BS161824 HEARING DATE: 7/19/16 DEPARTMENT: 37 CALENDAR NO.: 1 TRIAL DATE: None NOTICE: OK SUBJECT: Petition for Order to Take Discovery (Code Civ. Proc., ? 2029.600) PETITIONER: Gilmour South, Inc. OPPOSING PARTY: Respondent Jason […]

Case Number: BC524165??? Hearing Date: July 18, 2016??? Dept: 37 CASE NAME: Lunger v. Zvik, et al. CASE NO.: BC524165 HEARING DATE: 7/18/16 CALENDAR NO.: 9 DEPARTMENT: 37 TRIAL DATE: None NOTICE: OK SUBJECT: Motion To Be Relieved as Counsel MOVING PARTY: Raymond D. McElfish, counsel for Defendants Jerry Goldman OPP. PARTY: None MOTION TO […]

Case Number: BC572917??? Hearing Date: July 18, 2016??? Dept: 37 CASE NAME: Sarkar, et al. v. Beverly Community Hospital, et al. CASE NO.: BC572917 HEARING DATE: 7/18/16 DEPARTMENT: 37 CALENDAR NO.: 10 TRIAL DATE: 9/27/16 NOTICE: OK SUBJECT: Motion to File Cross-Complaint MOVING PARTY: Defendants Beverly Hospitalist Group, Inc.; Dr. Mohammad Chaudhry; and Dr. Khalid […]

Case Number: BC576086??? Hearing Date: July 18, 2016??? Dept: 37 CASE NAME: Davila v. Expressions Unlimited, et al. CASE NO.: BC576086 HEARING DATE: 7/18/16 DEPARTMENT: 37 CALENDAR NO.: 11 TRIAL DATE: 7/18/17 NOTICE: OK SUBJECT: Motion to Deem Truth of Matters Specified in Requests for Admissions, Set One, Admitted and Conclusively Established; Request for Monetary […]