Category: California Tentative Rulings

Case Name: DAYLIGHT WAY, INC. v. AMERICAN REDSTONE, ET AL. Case No.😕 2015-1-CV-280949 This action arises from a commercial landlord/tenant dispute.? Currently before the Court is the demurrer by Plaintiff/Cross-Defendant Daylight Way, Inc. and Cross-Defendant John Chen (?Cross-Defendants?) to the Cross-Complaint filed by Defendant/Cross-Complainant American Redstone (?Redstone?).? The Cross-Complaint states claims for Fraud; Negligent Misrepresentation; […]

Case Name: Reis, et al. v. Tony C. Construction, et al. Case No.: 2013-1-CV-241016 Defendants Tony C. Construction, Anthony Rivellini and T&M Construction (collectively, ?Defendants?) move for an order compelling the further deposition of plaintiff Manuel Reis (?Reis? or ?Plaintiff?).? Plaintiff moves for an order compelling the further deposition of defendant Anthony Rivellini (?Rivellini?). Factual […]

Case Name: ?? Cilker Apartments, LLC v. Western National Construction, et al. Case No.: ?????? 2013-1-CV-258281 This case arises out of alleged construction defects at One Pearl Place Apartments, a 182-unit residential apartment building in San Jose, California.? Defendants McLarand Vasquez Emsiek & Partners, Inc., McLarand Vasquez & Partners, Inc., MVE & Partners, Inc., and […]

Case Name:???? Allan v. Micrel Incorporated, et al. Case No.:??????? 1-15-CV-280762 (Consolidated Action) On June 5th, 2015, Plaintiffs filed a Consolidated Amended Stockholder Class Action Complaint following the consolidation of four putative class action lawsuits filed in May of 2015.? The lawsuit arises out of the acquisition of Micrel by Microchip Technology Incorporated (?Microchip?) and […]

Case Name: ?? James O?Donnell, Jr. v. Coupons.com Incorporated, et al. Case No.: ?????? 2015-1-CV-278399 (lead case) This is a consolidated securities class action.? In their amended consolidated complaint (the ?Amended Complaint?), plaintiffs James O?Donnell, Jr., Angella So, Andrew Nguyen, and Herbert Silverberg allege violations of the Securities Act arising from omissions from the registration […]

Case Name: ?? Intellisoft, Ltd. v. Acer America Corporation, et al. Case No.: ?????? 2014-1-CV-272381 This is an action for trade secret misappropriation and related claims. Plaintiff Intellisoft, Ltd. alleges that, in 1984, its founder Bruce Bierman developed Bookmark, software which provides computer users with a method to return their computer to a previously saved […]

Case Name: ?? Garrett, et al. v. Bumble Bee Foods, LLC Case No.: ?????? 2014-1-CV-264322 This is a putative class action.? Plaintiffs Patrick Garrett, Jeff Mains, and Linda Eustice (collectively, ?Plaintiffs?) bring this lawsuit against defendant Bumble Bee Foods, LLC (?Defendant?).? Plaintiffs allege Defendant illegally misbranded its products by using labeling that included unauthorized Omega […]

Case Name:???? The Irvine Company, LLC v. Douglas Ross Construction, Inc. (Sycamores) Case No.:??????? 1-12-CV-234522 This action arises from the construction of a 445-unit apartment project in San Jose commonly known as ?The Sycamores.?? (First Amended Complaint (?FAC?), ? 2.)? Plaintiff is the alleged owner of the project following its acquisition of the corporate assets […]

Case Name:???? HP v. Oracle Corporation Case No.:??????? 1-11-CV-203163 Nonparty Intel Corporation (?Intel?) moves this Court for an Order sealing a limited number of exhibits that may be offered by the parties during the Phase 2 trial set to begin on May 23, 2016.? In its moving papers, Intel contends that of portions of 17 […]

Case Number: BC577648??? Hearing Date: May 20, 2016??? Dept: A Oomens v The Cheesecake Factory Rest. MOTIONS TO COMPEL FURTHER RESPONSES (2) Calendar: 4 Case No: BC577648 Date: 5/20/16 MP: Defendant, The Cheesecake Factory Restaurants RP: Plaintiff, Vera Oomens RELIEF REQUESTED: 1. Order compelling Plaintiff to serve further responses to the Defendant?s form interrogatory 17.1; […]

Case Number: BC537022??? Hearing Date: May 20, 2016??? Dept: A Mitchell v State of California DEMURRER Calendar: 3 Case No: BC537022 Date: 5/20/16 MP: Defendant, State of California RP: Plaintiff, Marissa Mitchell ALLEGATIONS IN SECOND AMENDED COMPLAINT: The Plaintiff was involved in a motor vehicle accident on May 17, 2015. The California Highway Patrol was […]

Case Number: BC536142??? Hearing Date: May 20, 2016??? Dept: A Li v Millenium Trucking MOTION FOR DETERMINATION OF GOOD FAITH SETTLEMENT Calendar: 2 Case: BC536142 Date: 5/20/16 MP: Defendants, Millennium Trucking Company, Inc. and Kin Chi Ng RP: Defendants, Marten Transport Ltd. and Warren Brown RELIEF REQUESTED: Order determining that the settlements between the Plaintiff […]

Los Angeles County Superior Court Case Number: KC067548??? Hearing Date: April 29, 2016??? Dept: J Re: Sigifredo Torres Ochoa v. Ana Rosa Rios, et al. (KC067548) MOTION FOR TERMINATING SANCTIONS Moving Parties: Defendants Ana Rosa Rios and Evalia Rios Respondent: No timely opposition filed POS: Moving OK per the court’s ex parte order Plaintiff Sigifredo […]

Los Angeles County Superior Court Case Number: KC066681??? Hearing Date: April 29, 2016??? Dept: J Re: Gloria Abrica Jimenez v. Antonio Espinosa, et al. (KC066681) MOTION TO CONFIRM SALE AND OVERBID PROCEDURES Moving Party: Plaintiff Gloria Abrica Jimenez Respondent: No timely opposition filed POS: Moving OK as to Defendant Plaintiff and Defendants were co-owners of […]

Los Angeles County Superior Court Case Number: BC524999??? Hearing Date: April 27, 2016??? Dept: J Re: Daniel Clavel, et al. v. Joseph Morales, et al. (BC524999) MOTION TO TAX COSTS Moving Parties: Plaintiffs Daniel Clavel and Tracey Walker Clavel Respondents: No timely opposition filed POS: Moving OK Plaintiffs brought this action seeking recovery for damages […]

Los Angeles County Superior Court Case Number: KC065334??? Hearing Date: April 26, 2016??? Dept: J Re: Zhaosheng Chen, etc., et al. v. Bam Brokerage, Inc., etc., et al. (KC065334) MOTION TO DISMISS FOR FAILURE TO JOIN INDISPENSABLE PARTY AND LACK OF SUBJECT MATTER JURISDICTION Moving Parties: Defendnats Britt and Brooke International Limited, Brittany Horowitz, and […]

Los Angeles County Superior Court Case Number: KC067790??? Hearing Date: April 25, 2016??? Dept: J Re: Langer Juice Company, Inc. v. VTG-Mart, Inc., et al. (KC067790) (1) SPECIAL MOTION TO STRIKE COMPLAINT; (2) DEMURRER TO COMPLAINT; (3) MOTION TO STRIKE PORTIONS OF COMPLAINT Moving Parties: Defendants VTG-Mart, Inc., Jackson Chang and Grace Leung Respondent: Plaintiff […]

Los Angeles County Superior ?Court Case Number: KC067726??? Hearing Date: April 25, 2016??? Dept: J Re: Gerald Fulkerson v. Avanti Wire Products, Inc., et al. (KC067726) DEMURRER TO SUPPLEMENTAL COMPLAINT Moving Parties: Defendants Avanti Wire Products, Inc. and Lexin Weng Respondent: Plaintiff Gerald Fulkerson POS: Moving OK; Opposing served by regular mail contrary to CCP […]

Los Angeles County Superior Court Case Number: BC563935??? Hearing Date: May 05, 2016??? Dept: S27 INTRODUCTION Defendant Monterey Ins. Co. and James Smith move to compel initial response by Plaintiff Angel Sosa Heron to: Form Interrogatories Set #2, Special Interrogatories Set #2, and Production of Documents Set #2. They also move for an order that […]

Los Angeles County Superior Court – GGD Courthouse Case Number: BC577276??? Hearing Date: April 28, 2016??? Dept: S27 INTRODUCTION Defendants Sunnyside Nursing Center, Inc. (?Sunnyside?) and Family Health and Housing Foundation ? Torrance I, LLC (?Family Health?) demur to each Cause of Action in Plaintiff Robert Orist?s complaint: 1. Wrongful Death (Negligence); 2. Elder Abuse; […]

Los Angeles County Superior Court – GGD Courthouse Case Number: NC060114??? Hearing Date: April 26, 2016??? Dept: S27 INTRODUCTION Defendant Dr. Michael Cogan demurs to Causes of Action 4, 5, and 6 in Plaintiff?s First Amended Complaint (?FAC?) alleging: 1. Breach of Fiduciary Duty; 2. Breach of Loyalty/Agency; 3. Breach of Contract; 4. Intentional Interference […]

Los Angeles County Superior Court – GGD Courthouse Case Number: NC060309??? Hearing Date: April 26, 2016??? Dept: 27 PROCEDURAL OVERVIEW Defendant Angelica?s Tire, Inc. moves to vacate a default and default judgment entered against it. The proof of service filed by Plaintiff on October 21, 2015 indicates substitute service was effected for Cesar Macias in […]

Los Angeles County Superior Court – Central Civil West Case Number: BC576608??? Hearing Date: April 28, 2016??? Dept: 310 HARTSHORNE v. METLIFE, INC DEMURRER TO FIRST AMENDED COMPLAINT TENTATIVE RULING Overrule demurrer to 2nd cause of action for violation of securities laws; overrule demurrer to 5th cause of action for financial elder abuse; and sustain, […]

Case Number: BC603616??? Hearing Date: April 25, 2016??? Dept: 56 Case Name: LVA, LLC, et al. v. Minikes, et al. Case No.: BC603616 Matter: Adobe Villas Motion to Quash Service Tentative Ruling: Motion to quash is granted. Plaintiffs LVA LLC and Moussa Kashani filed this action against Defendants Morton Minikes and Adobe Villas LLC, asserting […]

JUDGE DALILA C. LYONS DEPARTMENT 20 ________________________________________ Hearing Date: Monday, April 25, 2016 Posted on CourtNet: April 20, 2016 Case Name: ERE Investment III LLC v. Gonzalez Case No.: BC598875 Motion: Compel Arbitration and Stay Action Moving Party: Plaintiff ERE Investment Properties III LLC Responding Party: NONE. UNOPPOSED. Notice: OK ________________________________________ Ruling: Plaintiff ERE Investment […]