Category: California Tentative Rulings

Case Number: KC067089??? Hearing Date: June 13, 2016??? Dept: O Moreno, et al. v. Herrera, et al. (KC067089) Defendants Herrera and H&S Holdings Company, LLC?s MOTION FOR JUDGMENT ON THE PLEADINGS Respondent: Plaintiffs J. and R. Moreno TENTATIVE RULING Defendants Herrera and H&S Holdings Company, LLC?s motion for judgment on the pleadings is DENIED. STATUTE […]

Case Number: BC572719??? Hearing Date: June 13, 2016??? Dept: O Zepeda v. Fumble Recovery, Inc., et al. (BC572719) 1. Defendant Serafin?s MOTION TO DISQUALIFY PLAINTIFF?S COUNSEL Respondent: Plaintiff Zepeda 2. Plaintiff Zepeda?s MOTION TO COMPEL DEPOSITION OF DEFENDANTS Respondent: Defendants Serafin, L.A.W. Recovery Services, Inc., Benarbachian, Jewell and Jusay TENTATIVE RULING 1. Motion to Disqualify […]

Case Number: BC538522??? Hearing Date: June 16, 2016??? Dept: S27 COMPLAINT Plaintiff alleges in her Complaint: 1. Premise Liability; a. Negligence; and b. Wilful Failure to Warn of a Dangerous Condition. SUMMARY OF FACTS On July 4, 2012, Shirley Munro, wanting a better vantage point to observe a fireworks display, climbed to the roof of […]

Case Number: NC060358??? Hearing Date: June 14, 2016??? Dept: S27 INTRODUCTION Defendant Wells Fargo Bank, N.A. demurs to each Cause of Action in Plaintiff?s complaint: 1. Violation of Homeowner?s Bill of Rights (?HOBR?); 2. Promissory Estoppel; 3. Unfair Business Practices; 4. Negligence; and 5. Declaratory and Injunctive Relief. Defendant also moves to strike the claim […]

Case Number: NC059770??? Hearing Date: June 14, 2016??? Dept: S27 INTRODUCTION Defendants George Fields, D.O., George Fields, D.O. Professional Corp., and Caremore Health Plan move for Summary Judgment on Plaintiffs? Complaint. Plaintiffs Richard and Steve Thompson sue as Successors-in-Interest to decedent Mary Thompson and in their individual capacities. The complaint has five Causes of Action […]

Case Number: BC514989??? Hearing Date: June 14, 2016??? Dept: S27 INTRODUCTION Defendants Community Hospital Long Beach, MemorialCare Health System and Memorial Health Services move for summary judgment on Plaintiff?s complaint for professional negligence and several counts of deceit (negligent, intentional, concealment). There are also counts for unfair business practices and loss of consortium. Although the […]

Case Number: BC576699??? Hearing Date: May 31, 2016??? Dept: 39 Defendant, CVS Pharmacy, Inc.’s Motion to Compel Plaintiff to Provide Responses to Defendant CVS Pharmacy?s Special Interrogatories, Set One [? 2030.290 et seq]: the unopposed motion is GRANTED. Code-compliant, objection free, verified responses are due June 17, 2016. The court grants the request for sanctions […]

Case Number: BC596949??? Hearing Date: May 31, 2016??? Dept: 37 CASE NAME:Burke v. Wynn CASE NO.:BC596949 HEARING DATE:5/31/16 CALENDAR NO.:8 DEPARTMENT:37 TRIAL DATE:1/24/17 NOTICE:OK SUBJECT:Demurrer and Motion to Strike DEMURRING/ MOVING PARTY:Defendant James Wynn OPPOSING PARTY:Plaintiff Geraldine Burke COURT?S TENTATIVE RULING The demurrer to the second and fourth causes of action is sustained with 20 […]

Case Name:??? Miguel Chin, et al. v. Barre Barnes, et al. Case No.:??????? 2014-1-CV-273551 Background This action involves a single claim for breach of contract.? Miguel Chin and Ivonne Abrajan (?Plaintiffs?) allege Barre Barnes (?Barnes?) and Vette Investments & Property Management, Inc. (?Vette?) (collectively ?Defendants?) executed an unsecured promissory note in their favor on November […]

Case Name: ?? Villanueva v. Midpen Property Management Corp. Case No.:??????? 2014-1-CV-271846 After full consideration of the evidence, the separate statement submitted by the parties, and the authorities submitted by each party, the court makes the following rulings: This is an action for wrongful termination.? Plaintiff Joseph Villanueva? (?Plaintiff?) was employed by defendant MidPen Property […]

Case Name: ?? E. Stevens, Jr., et al vs. Save Mart Supermarkets Case No.:??????? 2015-1-CV-288676 Plaintiff alleges in his complaint, that he tripped over a wooden pallet as he walked into the FoodMaxx Supermarket on Parkmoor Avenue in San Jose, California, and that he tripped over a wooden pallet as he ?grocery shopped.?? Plaintiff has […]

Case Name: ?? Cornet, et al. v. Brar, et al. Case No.:??????? 1-13-CV-241439 This is an action for breach of contract regarding the sale of a restaurant. ?The cross-complaint alleges that on December 1, 2011, cross-complainant Kaddu, Inc. (?Kaddu?) entered into an agreement with cross-defendant Sandrine Cornet to allow her to take possession of the […]

Case Name:??? Tamara Ruth v. Hewlett-Packard Company, et al. Case No.:??????? 2015-1-CV-288526? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ?? Introduction ??????????? […]

Case Name: ??? Candida Asuncion, et al. v. Dae-Wook Kang, M.D., et al. Case No.:??????? 16-CV-290060 Currently before the Court are defendant Dae-Wook Kang, M.D.?s (?Kang?) demurrer to and motion to strike portions of the first amended complaint (?FAC?) of plaintiffs Candida Asuncion (?Asuncion?), Minnette C. Sablan (?Sablan?), Millicent C. De La Cruz (?De La […]

Case Name:??? Benjamin Greenberg, et al. v. Sofia University, FPC, et al.?????? ????? Case No.:??????? 2015-1-CV-287059 Factual and Procedural Background This is an action for fraud and unfair business practices.? Plaintiffs Benjamin Greenberg (?Greenberg?), Nathan Wright (?Wright?), Betsy Peterson, James Norwood, Joy Riach, Ruchi Patel, Beau Scott, and Korie Leigh (collectively, ?Plaintiffs?) were students in […]

Case Name: ??? Nicholas W. Emmerling v. City of Mountain View, et al. Case No.:??????? 2015-1-CV-280920 Currently before the Court are the following motions: (1) defendant City of Mountain View?s (?Defendant?) motion for discovery of peace officer personnel records directed at non-party City of San Luis Obispo (?SLO?); (2) Defendant?s motion for discovery of peace […]

Case Name: ??? Barbara Joan Antrobus v. Vallco International Shopping Center, LLC, et al. Case No.:??????? 2014-1-CV-268988 Currently before the Court is defendant Vallco Shopping Mall, LLC?s (?VSM?) motion for summary judgment or, in the alternative, summary adjudication of the first cause of action in the complaint of plaintiff Barbara Joan Antrobus (?Plaintiff?). Factual and […]

Case Name: Alycia Singleton v. Luxul Technology, Inc., et al. Case No.:? 16CV292976 Currently before the Court is the demurrer by Defendants Luxul Technology, Inc. and James Pan (?Defendants?) to the original complaint of Plaintiff Alycia Singleton (?Plaintiff?) filed March 21, 2016.? Plaintiff alleges that she was employed by Defendant Luxul Technology from May 2014 […]

Case Name:??? Vera Quijano, et al. v. Jennifer Torrecillas, et al. Case No.:??????? 2015-1-CV-288812 This is a personal injury action arising out of a motor vehicle accident. On August 21, 2015, defendant Jennifer Torrecillas (?Jennifer?) was driving a 1994 Toyota Corolla with the consent and permission of the owner of the vehicle, defendant Cynthia Torrecillas […]

Case Name:??? CACH, LLC v. Ronald Escobar a/k/a Ronald R Escobar, et al. Case No.:??????? 2016-1-CV-291361 Motion to Quash Service of Summons by Specially Appearing Defendant Ronald Escobar On February 3, 2016, plaintiff CACH, LLC (?Plaintiff?) filed a complaint against defendant Ronald Escobar a/k/a Ronald R Escobar (?Escobar?) asserting causes of action for breach of […]

Case Name:??? Ravi Sharma v. Steven Fabbro, et al. Case No.:??????? 1-16-CV-291372 Demurrer to Plaintiff Ravi Sharma?s First Amended Complaint by Defendant Eric Hartman Demurrer to First Amended Complaint by Defendant Steven A. Fabbro Plaintiff Ravi Sharma (?Sharma?) alleges defendant Steven Fabbro (?Fabbro?), a licensed attorney, owed him a fiduciary duty to perform legal services […]

Case Name:??? Cecilia De La Cruz v. Nippon Trends Food Service, Inc., et al. Case No.:??????? 2015-1-CV-277925 Motion to Quash by Specially Appearing Defendant/ Cross-Defendant Mentechno On November 21, 2014, plaintiff Cecilia De La Cruz (?Plaintiff?) suffered a severe right hand injury/ multiple digit amputation while operating a power press machine at defendant Nippon Trends […]

Case Name:??? Total Merchant Services, Inc. v. Hypercom Corporation, et al. Case No.:??????? 16-CV-291071 Demurrers by Defendants Hypercom Corporation and Brookfield Equinox, LLC to the Complaint of Plaintiff Total Merchant Services, Inc. Factual and Procedural Background ??????????? This action arises out of the purchase and sale of defective credit card processing terminal units. Plaintiff Total […]

Case Name: ?? Chen v. Chiang Case No.: 2015-1-CV-280680 Motion by Plaintiff Rayne Chen to Compel Defendant Yao Chiang?s Further Responses to Special Interrogatories, Set Two, and for Sanctions ??????????? Plaintiff?s motion to compel further answers to three special interrogatories was properly served on April 26, 2016, and timely filed on April 27, 2016.? Defendant?s […]

Case Name: ?? Epic Communications, Inc., et al. v. ALI Corporation, et al. Case No.:? 2006-1-CV-076689 Motion by Plaintiffs/Cross-defendants Epic Communications, Inc. and EpicCom, Inc. for Protective Order and for Monetary Sanctions ??????????? Plaintiffs seek an order limiting the scope of the deposition of non-party witness Dr. Yi-Ching Pao to testimony about the exhibits produced […]