The Court finds that no discovery-related deadline was extended or continued when trial in this matter was continued from 06/08/15 to 09/14/15. While the previous judicial officer expressly contemplated that the discovery referee’s Final Ruling, Recommendations, Reports, and Orders #23-27...
TUTAJ vs. ST. JOSEPH HOSPITAL
The Motion by Defendant, Michael Sporty, M.D., for summary judgment is GRANTED. In support of his Motion, Dr. Sporty submitted the Declarations of experts Johnathan Lawrence, M.D., and Moshe Arditi, M.D., in which they conclude based on a review of...
TATE vs. ASHLEY
Demurrer to Complaint is OVERRULED. Defendant shall file an Answer within 10-days of this order. A demurrer based on a statute of limitations will not lie where the action may be, but is not necessarily, barred. (Boy Scouts of America...
ROUEENFAR vs. CHASE BANK, N.A.
Demurrer to Complaint: The Court SUSTAINS the unopposed Demurrer filed by Defendants JP Morgan Chase Bank, N.A. and U.S. Bank, N.A. The Court construes Plaintiffs’ failure to oppose the Demurrer as an abandonment of their claims or an admission the...
PRIMA LAW GROUP, INC. vs. SHIN
Motion for Attorney’s Fees is GRANTED, in the reduced amount of $14,400. Additionally, the Court awards costs in the amount of $1,708.96. Pursuant to Lafayette Morehouse, Inc. v. Chronicle Publishing Co. (1995) 39 Cal.App.4th 1379, “the fee language in section...
LEE vs. PSI SEMINARS, LLC
Cross-Defendant Kandi Lee’s Demurrer to the Cross-Complaint is SUSTAINED, with 21-days leave to amend. Requests for Judicial Notice and Objections. Plaintiff/Cross-Defendant’s request for judicial notice of the Cross-Complaint is GRANTED under Evid. Code Section 452(d). Defendant/Cross-Complainant’s request for judicial notice...
LAMAH vs. RITTENHOUSE
The Demurrer by Defendant Rittenhouse to the second cause of action is overruled, and the Motion to Strike is denied. The Court exercises its discretion to not consider Plaintiff’s Opposition to the Motions, which was filed and served one day...
GOFF vs. DIAL & ASSOCIATES PC
Defendant Dial & Associates PC’s Motion to Strike Attorney’s Fees from the Second Amended Complaint is GRANTED, without prejudice. Plaintiff contends that CCP Section 1021.5 allows for the recovery of attorney’s fees. “By way of background, the UCL does not...
DEEM vs. STATE OF CALIFORNIA
The Motion for Determination of Good Faith Settlement is continued to September 29, 2015, at 1:30 p.m., in Department C-21. There is insufficient evidence as to the Plaintiff’s economic damages, and Cross-Defendant Anderson’s proportional liability. The objecting defendants have raised...
CHAN vs. PAN
Plaintiff/Cross-Defendant Kenneth Chou’s Unopposed Motion for Terminating Sanction is GRANTED. The court strikes Kevin Pan’s Answer to the Complaint, and the court strikes Kevin Pan’s Cross-Complaint. Moving party is to give notice. Plaintiff/Cross-Defendant Chou has met his initial burden of...