Category: California Tentative Rulings

1) Order to Show Cause re: Preliminary Injunction — DENIED The order to show cause regarding Plaintiffs Michael and Rebecca Guerrero?s requested preliminary injunction is denied. Code Civ. Proc. ? 526(a)(3) provides that an injunction may be granted: ?When it appears, during the litigation, that a party to the action is doing, or threatens, or […]

1)?? Demurrer to 1st Amended Complaint ? SUSTAINED WITHOUT LEAVE TO AMEND The Demurrer is sustained without leave to amend. The Court notes that Plaintiff Ryan Peter Trottier, who sues Bryce Letterman in this action in the capacity as Executor of the Estate of Mary Ann Trottier, has also filed a case in his individual […]

1)?? Demurrer to Complaint — OVERRULED The Demurrer by Defendants Plyocity LLC and Michael Rangel is overruled. Defendants shall file and serve their Answer no later than July 5, 2016. To support her common law and statutory claims for misappropriation of name or likeness, Plaintiff has pled that: (1) Defendants used her name and image; […]

Demurrer to 2nd Amended Complaint The Court sustains JPMorgan Chase Bank, NA?s Demurrer to the second, third, and fourth causes of action in Plaintiff Nicholas A. Keros? Second Amended Complaint (?SAC?) without leave to amend.? Defendant is ordered to serve and file its answer to the remaining cause of action in the SAC no later […]

MOTION TO QUASH DISCOVERY SUBPOENA This case involves failure to repay a $600,000 loan.? The borrower? 7 West LLC ?was liquidated through a bankruptcy proceeding, leaving plaintiff significantly under-reimbursed.? Plaintiff is now proceeding against Bret Mosher who is ?one of the members of 7 West LLC and a signatory on a personal guarantee for the […]

MOTION TO SEAL INFORMATION Plaintiffs’ motion to seal Exhibits to their motion to enforce the parties’ settlement agreement is Denied for the following reasons. CRC Rule 2.551(a) states, “The court must not permit a record to be filed under seal based solely on the agreement or stipulation of the parties.”? The only basis for this […]

MOTION TO APPOINT RECEIVER MOTION TO COMPEL FURTHER RESPONSES TO FORM INTERROGATORIES MOTION TO COMPEL FURTHER RESPONSES TO SPECIAL INTERROGATORIES MOTION TO COMPEL PRODUCTION MOTION TO COMPEL FURTHER RESPONSES TO FORM INTERROGATORIES MOTION TO COMPEL FURTHER RESPONSES TO SPECIAL INTERROGATORIES MOTION TO COMPEL PRODUCTION MOTION TO COMPEL PRODUCTION 9 MOTION TO COMPEL FURTHER RESPONSES TO […]

MOTION FOR SUMMARY JUDGMENT AND/OR ADJUDICATION The Court Denies Defendants, Amplex Group Services and Ronald Prosser?s Motion for Summary Judgment of the First Amended Complaint of Plaintiffs Dipillo and Avalos.? The Court Denies the Defendants? alternative motion for summary adjudication of the 1st through 7th causes of action as to each Plaintiff.? Plaintiffs are ordered […]

Defendant Guaranty Chevrolet Motors, Inc.?s Motion for Orders Compelling Plaintiff?s Attendance at the Independent Medical Examination Set for 8/15/2016 and an Order for Monetary Sanctions in the Amount of $1,410.00 is GRANTED in part and DENIED in part. The moving papers comply with CCP 2032.040 and the motion was properly served and is unopposed with […]

Defendant?s Motion to Compel Further Discovery Responses Defendant James Walton McNally asks the court to compel Plaintiff Lorenzo Antonio Soberanis to provide further discovery responses to form interrogatory 6.7 from Defendant?s first set of form interrogatories. The court GRANTS the motion and Defendant?s request for monetary sanctions.? Within 15 calendar days after service of notice […]

MSJs by Defendants Mandel and Le??????? Plaintiffs Jose Guadalupe Gutierrez, Erasto Gutierrez, MD, Iram Gutierrez and Omar Gutierrez allege that Defendants Alyssa K. Le, MD and Ronald S. Mandel, DO were negligent in their treatment of Erendira Gutierrez (wife and mother to Plaintiffs), resulting in her death in April 2014.? Specifically, in March 2011 during […]

Defendants? Motion for Summary Judgment/Adjudication Defendants Maryam Rezvani and Truck Insurance Exchange move for summary judgment or adjudication as to all 4 causes of action in the First Amended Complaint filed on 11/10/15 by Plaintiffs Mehran Ghahremani and Nasran Enterprises Inc. dba Golden Wrench. The court GRANTS the motion for summary judgment and the motions […]

Case Management Conference Motion to Disqualify Plaintiff?s Counsel Pertinent Background This is a case of high-profile ?love? gone awry. Plaintiff and defendant met in 2009.? Plaintiff had just been laid off from her job in the residential mortgage industry and was ?working as a manager at a restaurant and lounge in Newport Beach? at the […]

Motion to Vacate Dismissal The Complaint alleges that Defendant owed money under contract for services but paid with a NSF check; the causes of action are in contract and for fraud. 2015 5/1???? Complaint filed 6/5???? Clerk gave notice of 10/1 CMC 10/1??? CMC continued at Plaintiff’s request 11/5??? At CMC, counsel stated intent to […]

Motion to Compel Party Deposition ? ? ?? This is a personal injury action in which plaintiff contends that her slip and fall at Angels Stadium was caused by water seeping out from a trashcan near a concession outlet operated by non-party Aramark.? Angels? Baseball LP?s (?Angels?) tender of the defense to Aramark was denied, […]

TWO MOTIONS (LEAVE TO AMEND, QUASH SUBPOENAS) Motion to Quash Defendant Suvarna Durgiah moves to quash two subpoenas that were propounded by Plaintiff WMC-SA Inc. to her former employers:? 1) Riverside County Regional Medical Center; and 2) Kaiser Permanente. SUBPOENA #1 to RIVERSIDE COUNTY REGIONAL MEDICAL CENTER is for: Any and all WRITINGS (as defined […]

Plaintiff, Hickman?s Motion for Preliminary Injunction is granted. Plaintiff has demonstrated the likelihood of success on the first cause of action in his Complaint for Violation of the Homeowners? Bill of Rights (CC ? 2923.6), and on the basis that the equities weigh in favor of granting the requested injunction. Plaintiff declares that on 2/5/16 […]

Defendant Wang?s Demurrer to Second Amended Complaint is overruled and the Motion to Strike is denied with 20 days to answer. With regard to the First and Second Causes of Action, the statute of limitations, the DOE Amendment, and relation back, in the previous ruling of the Court, on March 15, 2016, it was properly […]

As to defendant OC Floors to Your Door, which is a limited liability company, its motion for a protective order to stay discovery pending resolution of criminal proceedings is DENIED because a limited liability company like a corporation has no fifth amendment rights. See, Avant! Corporation v. Superior Court (2000) 79 Cal.App.4th 876, 887 to […]

Case Number: BC593574??? Hearing Date: June 17, 2016??? Dept: 37 CASE NAME: Flexi-Van Leasing, Inc. v. CCI Express, a corporation, et al. CASE NO.: BC593574 HEARING DATE: 6/17/16 DEPARTMENT: 37 CALENDAR NO.: 2 NOTICE: OK SUBJECT: Request for Default Judgment MOVING PARTY: Plaintiff Flex-Van Leasing, Inc. OPPOSING PARTY: None COURT?S TENTATIVE RULING The request for […]

Case Number: EC064716??? Hearing Date: June 17, 2016??? Dept: NCD TENTATIVE RULING DEMURRER [CCP ?430.10 et. seq.] Calendar: 6 Date: 6/17/16 Case No: EC 064716 Case Name: Sharon Nash v. Fremont Investment & Loan et al. Moving Party: Defendants Ocwen Loan Servicing, LLC., HSBC Bank USA, et al. Responding Party: Plaintiff Sharon Nash ANALYSIS: Plaintiff […]

Case Number: EC064714??? Hearing Date: June 17, 2016??? Dept: NCD TENTATIVE RULING: MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT (CCP ??471.5, 473, CRC 3.1324(a)) Calendar: 12 Date: 6/17/16 Case No: EC 064714 Trial Date: None Set Case Name: Glendale I Mall Associates, LP v. Cathy Jean, Inc. Moving Party: Plaintiff Glendale I Mall Associates […]

Case Number: EC064527??? Hearing Date: June 17, 2016??? Dept: NCD TENTATIVE RULING Calendar: 7 Date: 6/17/16 Case No.: EC 064527 Case Name: California Structural Concepts, Inc. v. Pacific Empire Builders, Inc. et al. PETITION TO COMPEL ARBITRATION MP: Defendant Pacific Empire Builders, Inc. RP: Plaintiff California Structural Concepts, Inc. RULING: The court in its discretion […]

Case Number: EC060154??? Hearing Date: June 17, 2016??? Dept: NCD TENTATIVE RULING DEMURRER MOTION TO STRIKE Calendar: 4 Date: 6/17/16 Case No. EC 060154 Trial Date: None Set Case Name: Mouradian, et al. v. Jehdian, et al. Moving Party: Defendants Michael J. Jehdian and Law Offices of Michael J. Jehdian, APC Responding Party: Plaintiffs Lucy […]

Case Number: EC059789??? Hearing Date: June 17, 2016??? Dept: NCD DEPARTMENT NCD-LAW AND MOTION RULINGS Case Number: EC059789 Hearing Date: June 17, 2016 Dept: NCD TENTATIVE RULING DEMURRER MOTION TO STRIKE Calendar: 3 Date: 6/17/16 Case No: EC 059789 Case Name: Hicks v. Glendale Adventist Medical Center, et al. Moving Party: Defendant Estilita B. Calica […]