Category: California Tentative Rulings

Case Number: BC616084??? Hearing Date: July 18, 2016??? Dept: 58 Hearing Date: Monday, July 18, 2016 Calendar No: 10 Case Name: Laudis v. Los Angeles Dodgers, et al. Case No.: BC616084 Motion: (1) Demurrer and Motion to Strike (2) Demurrer Moving Party: (1) Defendant Philip Yuan, M.D. (2) Defendant Maryam R. Beigi, M.D. Opposing Party: […]

Case Number: BC603348??? Hearing Date: July 18, 2016??? Dept: 58 Hearing Date: Monday, July 18, 2016 Calendar No: 12 Case Name: Segal v. Jenkins, et al. Case No.: BC603348 Motion: Motion to Compel Further Responses to Requests for Production of Documents Moving Party: Plaintiff Franklin Segal Responding Party: Defendants Jonathan M. Jenkins, Law Offices of […]

Case Number: BC593727??? Hearing Date: July 15, 2016??? Dept: 58 Hearing Date: Friday, July 15, 2016 Calendar No: 14 Case Name: Wilson v. Menowiz, et al. Case No.: BC593727 Motion: (1) Demurrer and Motion to Strike (2) Motion to Set Aside Default Moving Party: (1) Defendants Marc Menowiz (erroneously sued as Mark Menowiz), Cal Wattswood […]

Case Number: VC065473??? Hearing Date: July 05, 2016??? Dept: SEC WnG CONSTRUCTION JV, INC. v. AAA SOLAR ELECTRIC, INC. CASE NO.: VC065473 HEARING: 07/05/16 #6 TENTATIVE ORDER Defendant AAA SOLAR ELECTRIC, INC.’s demurrer to the complaint is SUSTAINED WITH 20 DAYS LEAVE TO AMEND. C.C.P. ? 430.10(e), (f), (g). Plaintiff WnG Construction JV, Inc. filed […]

Case Number: VC065398??? Hearing Date: July 05, 2016??? Dept: SEC J&C JUNG CORP. v. KIM CASE NO.: VC065398 HEARING: 07/05/16 #4 TENTATIVE ORDER Cross-complainant LISA KIM?s motion for release of mechanic?s lien is DENIED WITHOUT PREJUDICE. C.C. ?8460 et seq. Plaintiff/cross-defendant J&C JUNG CORPORATION initiated this action, alleging both contract and tort claims against defendant […]

Case Number: VC064555??? Hearing Date: July 05, 2016??? Dept: SEC AGUILA v. RECOVERY INVESTMENTS, LLC CASE NO.: VC064555 HEARING: 07/01/16 #2 TENTATIVE ORDER Defendant ASSURED NATIONAL TITLE, LLC?s motion to strike the claim for punitive damages is DENIED. C.C.P. ?? 435, 436. On April 21, this Court heard defendant?s demurrer to and motion to strike […]

Case Number: NC060047??? Hearing Date: July 12, 2016??? Dept: S27 In what should be a very simple case for breach of a commercial lease (Grog Liquor) the parties have engaged in prolonged discovery wars. The Court has made several discovery orders against Defendants. On April 12, 2016 Plaintiff moved for terminating sanctions on the basis […]

Case Number: NC060002??? Hearing Date: July 12, 2016??? Dept: S27 INTRODUCTION Nancy Downs demurs to Causes of Action 2 and 3 in the Third Amended Cross-Complaint for Norby Acevedo and Mercedes Villeda: 1. Financial Elder Abuse; 2. Promissory Fraud; and 3. Concealment. In the underlying complaint Ms. Downs seeks specific performance of a written agreement […]

Case Number: NC059895??? Hearing Date: July 12, 2016??? Dept: S27 In this consolidated action, two demurrers against the complaint of Geostruc Engineering, Inc. are set for July 12, 2016. The Court only addresses the demurrer of the City of Long Beach. CCP section 430.41 requires the parties to meet and confer before a demurrer is […]

Case Number: NS032135??? Hearing Date: July 07, 2016??? Dept: S27 DRB Capital, LLC petitions the Court for approval of the transfer of a structured settlement from Annuity Protection Revocable Trust No. 58597. The Court finds that the petition satisfies the requirements of Insurance Code section 10134 et. seq. Although the notice of hearing indicates the […]

Case Number: NC060418??? Hearing Date: July 07, 2016??? Dept: S27 INTRODUCTION Defendant Nationstar Mortgage, LLC (?Nationstar?) demurs to each of the three Causes of Action in Plaintiffs? complaint: 1. Violation of CC section 2924.7; 2. Violation of CC section 2924.9 and 2924.10; and 3. Unfair Business Practices. Neither an opposition nor a First Amended Complaint […]

Case Number: NC060281??? Hearing Date: July 07, 2016??? Dept: S27 INTRODUCTION Defendants demur to all six Causes of Action and move to strike Punitive Damages. SUMMARY OF FACTS Plaintiff Steven Taylor was a firefighter employed by the Long Beach Fire Department. He was hired in 1989 and was eventually promoted to captain in 1999. Plaintiff […]

Case Number: BC577302??? Hearing Date: July 07, 2016??? Dept: S27 INTRODUCTION Exhibits to the demurrer reflect that the meet and confer requirements of CCP section 430.41 were satisfied before this demurrer was filed. The summary of facts is derived from the complaint. Defendant Providence Health System ? Southern California dba Little Company of Mary Medical […]

Case Number: BC514989 Hearing Date: July 07, 2016 Dept: S27 Plaintiffs Walter and Wendy O?Rourke move pursuant to CCP section 425.13 to amend their complaint to add a prayer for punitive damages against Defendants Community Hospital Long Beach, Memorial Health System, and Memorial Health Services. Plaintiffs have included in their complaint Causes of Action for […]

TENTAIVE RULING: Motion No. 1: Bissin & Covi Concrete?s Demurrer to the First Cause of Action for Breach of Contract is OVERRULED.? The Demurrer to the Second Cause of Action for Intentional Interference with Contract, Third Cause of Action for Fraud and Fourth Cause of Action for Negligent Interference with Prospective Economic Advantage is SUSTAINED […]

TENTATIVE RULING: The Motion to Deem Requests Admitted brought by Plaintiff Edward Woznicki, an individual dba Solo Medical Supply is GRANTED. ? ?The Requests for Admission, Set One, served against Defendant Anait Adzhemyan, an individual dba Vine Medical are deemed admitted, pursuant to C.C.P. ?2033.280. Defendant has failed to timely provide any response to any […]

TENTATIVE RULING😕 ????????? The Defendants Citibank, N.A. and Verdugo Trustee Service Corporation demurrer to the First Amended Complaint and each of the five causes of action pled against them is OVERRULED. ????????? The only challenge to the sufficiency of the complaint is defendants argument that all of Plaintiff s causes of action against Citibank are […]

Before the Court this day is a motion by defendant Barron to expunge (?release?) his appeal bond.? The bond he posted was for $20,000.00.? Defendant concedes he owes $9,577.98 to plaintiff as the challenged garnishment amount, and thus requests $10,422.02 released to defendant and the remainder held for the benefit of plaintiff (or more accurately […]

Pursuant to CCP ? 473(b) ?[t]he court may, upon any terms as may be just, relieve a party . . . form a judgment . . . taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect.?? The general underlying purpose of ? 473(b) is to promote the determination of […]

Pursuant to CCP ? 430.41(a), ?before filing a demurrer pursuant to this chapter, the demurring party shall meet and confer in person or by telephone with the party who filed the pleading that is subject to demurrer for the purpose of determining whether an agreement can be reached that would resolve the objections to be […]

Demurrer of Laboratory Practice, Inc. and Parviz and Mansooreh Bahadori to the 1st Amended Cross-complaint of United Reference Laboratory LLC The demurrer of Laboratory Practice, Inc. and Parviz and Mansooreh Bahadori to the 1st Amended Cross-complaint of United Reference Laboratory LLC is OVERRULED.? 20 days to answer.? Cross-complainant is to give notice. Discussion: In this […]

Motion for Summary Adjudication All of the Subcontractors? evidentiary objections are sustained. The Request for Judicial Notice is granted and the objection to it overruled.?? The Motion is denied in its entirety, as Moving Parties have failed to meet their initial burden of proof. Item No. 4 of the Motion seeks to adjudicate that Subcontractors […]

1) Demurrer to 2nd Amended Complaint — OVERRULED and 2) Motion to Quash Subpoena – GRANTED The Demurrer by Defendants Radco Investments, Ray Alvarado, Rachel Alvarado, and Avcogas Propane Cylinder Exchange, Inc. to Plaintiff Robert C. Alvarado?s second amended complaint (?SAC?) is overruled.?Defendants? request for judicial notice is granted. Defendants? motion to quash is granted. […]

1) Demurrer to 2nd Amended Complaint ? SUSTAINED WITHOUT LEAVE TO AMEND 2) Motion to Strike Portions of 2nd Amended Complaint The Court sustains the Demurrer by Defendants Wells Fargo Bank N.A., Mortgage Electronic Registration Systems Inc., and Deutsche Bank National Trust Company as trustee for Soundview Home Loan Trust 2006-WF2 to the Second Amended […]

Motion for Terminating Sanctions — DENIED The Motion by Stars Construction Services for Terminating Sanctions Entering a Default Judgment Against K & G Ready Mix, Inc. For Disobeying a Court Order is denied. The only basis for the motion is K & G?s failure to pay discovery sanctions in the amount of $1,115.00, ordered by […]