California Tentative Rulings
Defendants Daniel Brinton, M.D. and East Bay Retina Consultants, Inc.’s motion for summary judgment is denied. Defendants have not met their burden of proof on a statute of limitations defense. There are two statute of limitations at issue: CCP Section...
The Motion to Quash Service of Summons filed by defendants Fanny Sui Ping Wong and Kwong C. Wong is DENIED. Defendants shall serve and file their Answer or Demurrer to the First Amended Complaint on or before June 10, 2016. ...
Defendant Atchison Village Mutual Homes Corporation’s demurrer to the Second Amended Complaint is OVERRULED. The Second Amended Complaint alleges some actionable wrongs that occurred within the limitations period, continuing wrongs, and separate events that may be considered separate causes of...
Plaintiff Michael S. Lynch’s request for a preliminary injunction against foreclosure is granted. This relief is conditioned on plaintiff Lynch posting an undertaking in the initial amount of $ 2,500, on or before May 17, 2016. The basis for this ruling...
Plaintiff Sunny Hills Aquatic Club, Inc.’s application for Preliminary Injunction is granted. “Granting or denying an injunction is within the sound discretion of the trial court and will be upheld on appeal absent an abuse of discretion. Jessen v. Keystone...
The motion is granted. Defendant was the prevailing party on the Motion for Summary Judgment and is entitled to recover reasonable attorneys fees under CCP 1021.5, the equitable private attorney general and/or substantial benefit doctrines, for all the reasons set...
The Motion to Strike filed by Mortgage Vintage, Inc. and Alexander MacDougall is GRANTED as to item numbers 1, 2, 3, 4, 5, 6, and 8. After the order on Line 6 regarding the demurrer, the only cause of action...
The demurrer of Mortgage Vintage, Inc. and Alexander MacDougall to the Second Amended Cross-Complaint (“SACC”) filed by Myers Executive Building, LLC (“MEB”) is SUSTAINED in part and OVERRULED in part. Leave to amend is GRANTED only to the extent described...
Defendant California Labor Commissioner, Division of Labor Standards Enforcement’s demurrer is overruled. Plaintiff Sree Construction Company dismissed the first and second causes of action for inverse condemnation and interference with contractual relations, without prejudice, on April 14, 2016. As to...
Defendant San Ramon Valley Unified School District’s demurrer to the Second Cause of Action for Liability for Failure to Supervise, Cal. Education Code §44807 is sustained with 15 days leave to amend. Defendant demurs to this cause of action...