California Tentative Rulings
Demurrer to the 1st and 2nd causes of action is overruled. Demurrer to the 3rd cause of action is sustained without leave to amend. Request for Judicial Notice is denied. Moving Party to give notice. As to IIED, if a...
The court GRANTS Defendants’ motion to compel further responses as to Request for Admissions Nos. 18 and 31 and as to Form Interrogatory No. 17.1. The court finds Plaintiff’s arguments to be without merit. A response to Request for Admissions...
Plaintiff’s Motion for Discovery Sanctions is GRANTED IN PART. Although a portion of the documents at issue were clearly called for in discovery (Request No. 29), there is room for dispute as to whether the remainder were as well (Demands...
Demurrer to the 2nd cause of action for fraud is SUSTAINED with 10 days leave to amend based on failure to state sufficient facts to constitute a cause of action. Fraud must be pled specifically; general and conclusory allegations do...
The Motion to Strike Answer filed by Plaintiff Jo. M. Ortiz is DENIED. Plaintiff objects to the appearance by Thrifty Payless, Inc. in response to the claims against Rite Aid Corp. However, entities routinely respond to actions by stating their...
Plaintiff brings a Motion to Enforce Settlement, requesting the Court enter “judgment in conformance with the terms of the settlement agreement.” (Motion: 9:9-10). As indicated in Hines, “[i]f the court determines that the parties entered into an enforceable settlement, it...
The Motion to Quash Service of Summons filed by Defendant Rohinton Aresh, as to alleged service upon him on behalf of Caymus Capital, LLC, a Delaware Limited Liability Company, as a “Partner of Park Place Associates,” is GRANTED. When a...
Defendants’ Motion for Reconsideration is DENIED under Code Civ. Proc. § 1008, as it is untimely. The alternative request for relief under C.C.P. §128 is DENIED as Defendants have failed to demonstrate that the relief requested is necessary for the...
Defendant, Gary C. Kao, M.D.’s Motion for Summary Judgment is GRANTED. Defendant has presented uncontradicted expert witness testimony that his conduct fell within the community standard of care, and has therefore met his burden of showing the complaint for medical...
Defendants’ Demurrer to Plaintiff’s Complaint is OVERRULED on the First and Second Causes of Action, SUSTAINED without leave to amend on the Third, Fourth and Sixth Causes of Action, and SUSTAINED with 20 days leave to amend on the Fifth,...