The Court rules as follows on the demurrer brought by defendant Servis One, LLC, dba BSI Financial Services, and defendant MCM Capital Partners, LLC.  These two defendants are referred to collectively as “the BSI defendants.”   The BSI defendants’ request...

The Court rules as follows on the demurrer brought by defendant Bank of America, N.A. (“Bank”) and Mortgage Electronic Registration Systems, Inc. (“MERS”).  These two defendants are referred to collectively as “the Bank defendants.”   The Bank defendants’ demurrer is...

The motion to reconsider is denied. Preliminarily, because the file does not show proof of service of the order entered on March 25th, 2016, the Court will treat the motion as timely. Code of Civil Procedure section 1008 requires that...

 Parties to appear. Defendants Bhin Trucking LLC and Surinder Johal move to compel production of business records of non-party E.D.S. Financial Services “EDS”), requested by subpoena.  EDS is a purchaser of medical bills and liens, which purchased certain medical bills...

Defendant Dixie King’s motion to strike punitive damages from the financial elder abuse cause of action is denied.  Defendant argues that punitive damages cannot be imposed on the basis of legal conclusions, improbable inferences or speculation.  King contends that that...

Defendant BMW (US) Holding Corp.’s general demurrer to each cause of action within the First Amended Complaint is sustained with leave to amend in part, and overruled in part.  (Cal. Code Civ. Proc., section 430.10, subd. (e).) In reviewing the...

The demurrer to the First Amended Complaint filed by defendants FinEx Real Estate Investment, Inc., and Jamal Saberi is SUSTAINED in part, and OVERRULED in part.  Leave to amend is granted except as otherwise stated below.  Any amended complaint shall...

Defendant Contra Costa Community College District’s demurrer is overruled.  The FAC alleges liability against the District for breach of a mandatory duty.  The FAC pleads two sources for the District’s mandatory duty to keep Plaintiff safe from a dog bite...

Defendant BMW (US) Holding Corp.’s Motion to Strike the following references to Plaintiff’s personal injury claim is granted with leave to amend. (Cal. Code Civ. Proc., sections 435, subd. (b)(1), 436.) 2, line 17: “personal injury and”; 2, line 20:...

The motion is denied.   Defendant moves to strike plaintiff’s supplemental expert declaration in which he identified two supplemental experts.  The first, Sara Barnes, R.N., is designated to give an opinion on “nursing standards of care.”  The second, is Dr....