California Tentative Rulings
Defendant Baljinder Pal Athwal’s motion for an order disqualifying De La Pena & Holiday, LLP is denied. Athwal owns a minority interest in Landcore YJK Group, LLC (“the LLC”). A minority shareholder (or any individual in the LLC) cannot disqualify the...
Defendant City of Lafayette’s demurrer is sustained with leave to amend. If Plaintiff chooses to amend, the First Amended Complaint must be filed and served on or before May 24, 2016. Government Code Section 835 sets out the exclusive...
Defendant Charles Riley’s Motion for Summary Adjudication on all causes of action asserted against him and for Summary Judgment is GRANTED. Summary adjudication must be granted when the moving party establishes that the material facts are undisputed and on...
Defendants’ demurrer is sustained as to all causes of action, on the grounds set forth in defendants’ opening and reply memoranda. (Code Civ. Proc., § 430.10, subds. (e), (f), and (g).) Plaintiff has failed to intelligibly allege any viable legal theory against any defendant. ...
The Court exercises its discretion to stay, temporarily, the related unlawful detainer action. (See, Martin-Bragg v. Moore (2013) 219 Cal.App.4th 367, 385.) This relief is conditioned on defendants receiving the sum of $ 3,000 per month, on or before the 10th...
Plaintiffs Louis Saubolle and Patricia Akinyemi’s Motion for Leave to Amend is denied. Despite the title of the motion in the caption, Plaintiffs’ motion is a motion for reconsideration of the Court’s order dated January 29, 2016. After the hearing on...
The demurrers of defendants Steve Stretti and Pacific Merchant Services are SUSTAINED. Leave is GRANTED to amend the existing causes of action and to split any existing legal theories into separate counts or causes of action. Leave is not granted...
On January 15, 2016, this Court adopted its tentative ruling sustaining the demurrer without leave to amend on all issues apart from the issue of securitization of the loan based upon the allegedly “untimely” placement of the subject loan into...
The motion to set aside default, brought by defendant Consumer Services of Walnut Creek, Inc., is granted. Defendant shall file and serve its answer to the First Amended Complaint on or before May 9, 2016. The Court finds that...
Defendants’ motion for a change of venue to Sacramento County is granted. Plaintiff shall pay all transfer fees. The parties’ requests for attorney fees are denied. The basis for these rulings is as follows. Preliminary Matters. The unopposed requests...