California Tentative Rulings
Because the law prefers that cases be decided on their merits, and there is a bare showing of excusable neglect, the motion to set aside the December 3, 2014 ruling is granted and the matter will be reconsidered. Plaintiff may...
Defendant’s motion to continue trial is granted. Although continuances of trials are disfavored, the Court has considered the grounds and factors enumerated in Rule 3.1332 of the California Rules of Court. Defendant has established that a key witness is largely...
Appear. The court may sustain a party’s demurrer on the ground that the pleading fails to state facts sufficient to constitute a cause of action. (Code Civ. Pro. § 430.10, subd. (e).) Plaintiff Georgia Hill’s Complaint fails to sufficiently allege...
Defendant St. Mary’s College of California’s motion for summary judgment is granted. As to the 1st, 2nd, and 3rd Causes of Action for Discrimination is granted. Defendant has met it burden of showing that Plaintiff cannot establish a prima facie...
The general demurrer filed by defendant Feagley is SUSTAINED in part and OVERRULED in part. The demurrer to the First Cause of Action, for breach of the implied warranty of habitability, is SUSTAINED. An implied warranty of habitability is owed...
Defendants Peter and Reagan Steppes motion for summary adjudication is granted. (CCP § 437c, subd. (f)(1).) By this Motion the Defendants seek adjudication only as to Plaintiffs’ prayer for punitive damages. Under Civil Code, section 3294, plaintiff may recover punitive...
Plaintiff Northfield Insurance Company’s motion for summary adjudication of issues is granted in part and denied in part. With respect to Frank Herman’s insurer, Defendant United Financial Casualty Company (“UFCC”) (aka Progressive Casualty Insurance Company), summary judgment is granted. Safeco...
Defendant Wells Fargo Bank, N.A.’s general demurrer to each cause of action within the Second Amended Complaint is sustained without leave to amend. (Cal. Code Civ. Proc., section 430.10, subd. (e). See also, Cal. Code Civ. Proc., section 425.10, subd. (a)(1).)...
Defendant Athena Demakas’ special demurrer to the First Amended Complaint is overruled. The court does not find the pleading to be uncertain, ambiguous or unintelligible. Defendant has the tool of discovery to ascertain the defects alleged or other facts with...
The motion to dismiss filed by defendant Susan Eddy Parker is DENIED. While the bankruptcy stay did not apply to her, judges of this court made orders at different times that appeared to stay, or in fact stayed, this case,...