California Tentative Rulings
Plaintiff’s Motion to Quash Defendant’s Subpoenas for Plaintiff’s Medical, Billing and Health Insurance Records is DENIED and the Request for Sanctions is DENIED. Over broad – Violate Privacy Rights: Defendant seeks the entirety of Plaintiffs medical, billing, and health...
The Defendants’ Motion for order striking those portions of plaintiff s FAC seeking punitive damages, attorneys’ fees, and prejudgment interest against defendants is GRANTED WITHOUT LEAVE TO AMEND with respect to attorneys’ fees but DENIED as to both punitive damages...
This is the continued hearing of Defendant ESA Management LLC’s Motion to Deem its Request for Admissions (Set One) Admitted against plaintiff Robert Bruns. The Court previously granted the Defendant’s four other motions to compel discovery responses from Plaintiff,...
Rock Solid Recovery contends that Plaintiff’s Opposition papers were untimely and should be disregarded. It appears the Opposition papers were filed/ served a day early, on November 17th. Papers do not have to be served by overnight mail necessarily under...
Plaintiff’s Motion to Strike Answer Defendant Main Street Concepts LLC filed its Answer on 8/16/16. Plaintiff Shelby Spruill asks the court to strike the Answer on the ground that Defendant is a suspended corporation. (CCP 436 (b).) Plaintiff represents that...
The unopposed demurrers of Defendants R. Pineda and R. Oviedo to the 1st through 6th causes of action in the Complaint, are SUSTAINED, with leave to amend. Plaintiffs may file an Amended Complaint within 10 days. Defendants shall give notice....
This Motion is Defective as A Statutory Motion for Judgment on the Pleadings A statutory motion for judgment on the pleadings is authorized by CCP § 438. When the plaintiff is the moving party, “The motion provided for in this...
The parties shall advise the Court at the hearing, whether Plaintiff was examined on October 18, 2016, as both sides represent was discussed. If the examination happened, then the Court will treat that part of the Motion as being moot...
Defendant Presents Improper Extrinsic Information in the Demurrer In a long “Introduction” to the Demurrer, Defendant presents an array of purported facts that are not proper to present on demurrer. Information is offered that is entirely extrinsic to the allegations...
Before the Court this day is plaintiffs’ unopposed demurrer to the answer filed by defendant. The Court is unable to consider the merits of plaintiffs’ demurrer to the answer, due to the insufficiency of the meet and confer. Pursuant to...