California Tentative Rulings
The demurrer by defendant CalTrans is sustained, as to all causes of action in the First Amended Complaint, with one last opportunity to amend. (Code Civ. Proc., § 430.10, subd. (e).) Each element of a cause of action against a...
BART’s Motion for Summary Judgment, or, in the alternative, summary adjudication is DENIED. As described below, BART has failed to meet its initial burden on some of the issues and triable issues exist on others. See, from defendant’s Separate Statement,...
The petition is GRANTED. The court issues the following order which will be dated March 4, 2016, and become effective as of the date of its filing. Ms. Clark is welcome to appear at the hearing in order to obtain...
Defendants Daniel Zilberberg and Ultimate Builder, Inc.’s demurrer to the 4th Cause of Action for Fraud and 6th Cause of Action for Constructive Fraud is overruled. Plaintiff has alleged facts sufficient to state a cause of action. “Every element...
Defendant Odyssey Healthcare’s Motion to Strike Exhibit A to Plaintiffs’ Complaint is denied. Exhibit A is identified as a Department of Public Health Survey. Defendant moves to strike on the ground the document has not been authenticated. “Authentication of a writing...
Plaintiff’s Application for Preliminary Injunction is granted for an initial period of sixty (60) days conditioned upon the posting of an undertaking in the amount of $10,000.00. (Cal. Code Civ. Proc., sections 526, 529.) If the preliminary injunction is granted,...
Defendant Lone Tree Convalescent’s motion to strike is granted in part. As to punitive damages, the motion to strike is granted. To recover punitive damages, Plaintiffs must allege facts showing that the defendant has been guilty of oppression,...
Defendant Lone Tree Convalescent Hospital’s demurrer to the complaint is sustained in part and overruled in part. “The function of a demurrer is to test the legal sufficiency of the challenged pleading by raising questions of law.’ [Citation]” Jones...
Defendant Eric James Smith, M.D.’s demurrer to the complaint is sustained in part and overruled in part. A demurrer tests the legal sufficiency of other pleadings. It raises issues of law, not fact, regarding the form or content of the opposing...
Odyssey Healthcare Operating A, LP dba Gentiva Hospice’s demurrer to the complaint is sustained in part and overruled in part. A demurrer tests the legal sufficiency of other pleadings. It raises issues of law, not fact, regarding the form...