California Tentative Rulings
Before the Court this day is a demurrer to the complaint. Plaintiff and defendant were married for just over a decade. By 2011, defendant (Erin) instituted divorce proceedings (11D009839). A final judgment in the dissolution was entered on 09/20/12. ...
Service Pursuant to CCP § 1290.4, a petition to confirm an arbitration award and a notice of hearing on the petition must be served either “in the manner provided in the arbitration agreement for the service of such petition and...
Before the Court this day is a defense objection by way of demurrer and motion to strike – directed at the 1st, 7th and 8th causes of action in the complaint, as well as references to wage orders and the...
An injunction pendente lite must not issue unless it is reasonably probable that the moving party will prevail on the merits. Fleishman v. Superior Court (2002) 102 Cal.App.4th 350, 356. The moving party has the burden of showing all elements...
On 11/04/14, Plaintiff GEORGE NOUR filed his Second Amended Complaint against Defendant MEDIA DREAMS INC. Defendant filed its Answer on 11/12/14. Plaintiff moves for summary adjudication as to 9 issues, claims, and/or affirmative defenses raised by the pleadings. The...
Before the Court this day is a defense motion by Jeremy Fox pursuant to CCP §437c. As will be noted, the motion is described alternatively as one for summary “judgment” or “adjudication” but as will be noted the motion is...
The motion for judgment on the pleadings is GRANTED WITH 15 DAYS LEAVE TO AMEND as to the 1st cause of action, GRANTED WITHOUT LEAVE TO AMEND AS TO THE 4TH CAUSE OF ACTION, and DENIED as to the 2d, 3d,...
Presently before the Court are two demurrers to Plaintiffs’ Third Amended Complaint (“TAC”) filed by (i) BANA and ReconTrust (“BANA Defendants”) and by (ii) HSBC and Nationstar (“HSBC Defendants”), respectively. The original complaint, filed on 09/25/14, asserted four causes...
Demurrer to 1st COA: Breach of “Oral” Contract – Sustained, 15 days leave to amend Whether it is written, oral, or implied, the elements for breach of contract are: (1) parties capable of contracting, (2) mutual consent, (3) a...
Defendant’s demurrer to the 1st, 2d and 3d causes of action of Plaintiffs’ complaint is SUSTAINED WITHOUT LEAVE TO AMEND. Defendant’s motion to strike is off calendar (moot). Defendant is to give notice and lodge a proposed judgment with proof...