California Tentative Rulings
* TENTATIVE RULING: * Clayton Valley Charter High School and Governing Board of the Clayton Valley Charter High School’s demurrer to Mt. Diablo Unified School District’s First Amended Cross-Complaint is sustained in part and overruled in part. As to the...
* TENTATIVE RULING: * The Demurrer to Plaintiffs’ second cause of action for constructive fraud filed by Defendant Bay Alarm Company is sustained without leave to amend. (Code Civ. Proc., § 430.10, subd. (e).) Constructive fraud arises on a breach of...
* TENTATIVE RULING: * Club Corp. Inc.’s Motion for Summary Judgment is Adjudication is GRANTED as to the First, Second, Third, Fourth, Fifth, Sixth, and Eighth Causes of Action. It is DENIED as to the Seventh Cause of Action. Accordingly,...
Motion to set aside default and default judgment is granted. Defendant has established that it is entitled to equitable relief. Defendant, via its CEO Janet Garland, received notice of the lawsuit. While Ms. Garland does not explain why she failed...
Defendant Domenic Cannizzaro’s motion for summary adjudication on the first (legal malpractice), second (breach of fiduciary duty), fourth (breach of contract) and fifth (fraud – promise with no intent to perform) causes of action is denied. Defendant has moved for...
* TENTATIVE RULING: * Defendant’s request for judicial notice is granted. (See, Scott v. JPMorgan Chase Bank, N.A. (2013) 214 Cal.App.4th 743, 752-761.) Defendant’s demurrer is sustained with leave to amend, as to all causes of action. (Code Civ. Proc.,...
* TENTATIVE RULING: * As an initial matter, the demurrer was filed on December 31, 2015, thus, the provisions of CCP § 430.41 do not apply. Defendant Wells Fargo Bank, N.A.’s general demurrer to each cause of action within the...
* TENTATIVE RULING: * Defendants’ Motion for Summary Judgment is GRANTED. Plaintiff has not shown through admissible evidence that any of the material facts are disputed. On the undisputed facts, defendants are entitled to judgment as a matter of...
* TENTATIVE RULING: * Defendant Wells Fargo Bank, N.A.’s demurrer to the Complaint is sustained with leave to amend. Preemption In order to make a clear record for purposes of any appeal that may be brought, the Court...
* TENTATIVE RULING: * Motion to re-set the jury trial is denied. As the court discussed at the last CMC, the court will consider trial setting at the next CMC in July. It is hoped that the case will...