California Tentative Rulings
Motion for Determination of Good Faith Settlement and Joinder is DENIED, without prejudice, on the basis Defendants failed to offer a Declaration, setting forth a brief background of the case and/or the basic facts which support the Motion. (City of...
Plaintiffs Dan Edward Stevens and Jeff Yeager’s Motion to Enforce Settlement Agreement is DENIED. Plaintiffs’ request for judicial notice is GRANTED. A settlement agreement is enforceable under CCP Section 664.6 if the parties have agreed to all material settlement terms....
Defendant Beth Ary, M.D.’s Demurrer to First Amended Complaint is SUSTAINED in part and is OVERRULED in part, with 21-days leave to amend. The demurrer to the 2nd cause of action (breach of informed consent) is OVERRULED. At the pleadings...
The Petition to Compel Arbitration by Defendants Glaser Weil Fink Howard Avchen & Shapiro LLP, Patricia L. Glaser and Craig H. Marcus (collectively, “GW”), joined by Defendant Jackson DeMarco Tidus & Peckenpaugh (“Jackson DeMarco”), is DENIED pursuant to Code of...
The Demurrer brought by Defendant Matt Engel, against the Fourth Cause of Action is SUSTAINED, with 15 days leave to amend, on the basis the Complaint fails to allege sufficient facts to demonstrate Defendant “substantially assisted” or “encouraged” the alleged...
Claimant has not met her burden and has not even asserted expenses (reasonably necessary or not) which would entitle her to exempt any more than the automatic 75% exemption. Therefore, the Court finds that Claimant’s earnings are not exempt. So...
Defendant’s Demurrer to Plaintiff’s First Amended Complaint is SUSTAINED as to the First, Fourth, and Fifth Causes of Action, with 20 days leave to amend and as to the Fourteenth Cause of Action, without leave to amend, but is OVERRULED...
Defendant Ocwen Loan Servicing, LLC’s Demurrer to the First Amended Complaint is SUSTAINED, with 21-days leave to amend. Defendant’s Request for Judicial Notice is GRANTED. Defendant’s unopposed request for judicial notice of uncertified copies of the Deed of Trust (Exhibit...
The Court SUSTAINS the unopposed Demurrer filed by Defendants Andrew K. Nguyen and Mosh Investments. The Court construes Plaintiff’s failure to substantively oppose the Demurrer as an abandonment of his claims or an admission the Demurrer has merit. (Herzberg v....
OVERRULE Defendants’ demurrer to the 1st cause of action for Intentional Misrepresentation and the 2nd cause of action for Negligent Misrepresentation. Sufficient allegations are pled to support both causes of action. Despite defendants’ arguments to the contrary, the fraud claims...