California Tentative Rulings
Defendant Holguin’s motion to set aside (default and) default judgment. Motion granted. The defendant’s request for relief under Civ. Code § 473, subd. (d) is untimely, as the claimed defects do not appear on the face of the proof of...
Plaintiff’s motion to enforce settlement. Motion denied. The parties agreed that the underlying matter was settled for $322,741.00. Plaintiff asserts that he has only received $167,082.00 leaving a balance due of $155,659.00. Defendant asserts that the entire amount has been...
Plaintiff’s motion for attorney fees after appeal. Motion granted in part and denied in part. Attorney fees are awarded to petitioner in the sum of $26,807.50. The hourly rates charged by plaintiff’s attorneys are not challenged. With respect to the...
Petition for approval of transfer of structured settlement rights. Hearing continued to 3/24/17 at 9:00 AM in this department. Petitioner is ORDERED to: (1) Provide the payee’s full name and address as required under Ins. Code, § 10139.5, subd. (c)(1);...
OSC re sale of dwelling. OSC moot. The court granted plaintiff’s OSC re Sale of Dwelling and in a 06/08/16 Order, ordered the dwelling sold to partially satisfy plaintiff’s outstanding money judgment. Defendant’s motions for reconsideration of the court’s...
CLAIM OF EXEMPTION Granted. The Opposition is correct that no specific statute is identified for the basis of the exemptions. However, it is easily identifiable that the exemption is based on section 703.530 “necessary for the support of the judgment...
DEMURRER Opposition is late, as is the reply. Nonetheless, the Court considers both, since the reply addressed the merits of the opposition. However, counsel are both admonished to read what is clearly set forth at the top of the rulings...
MSJ/MSAI No tentative to be posted until the late morning of the hearing. Objections within the Separate Statements are not considered and won’t be ruled on. See the CRC for proper formatting of objections, 3.1354. Likewise, argument in the SS’s...
6 DISCOVERY MOTIONS Not even one of these motions should have been necessary. The level of acrimony between counsel is an embarrassment to the profession. Cross-Defendant Mark Jennings’s Motion to Compel Defendant/Cross-Complainant Susan Jennings to Attend Deposition is granted. Moving...
Petition for approval of transfer of structured settlement benefits. Petition granted. The Court finds that (Insurance Code § 10139.5(a)): (1) The transfer is in the best interest of the payee taking into account the welfare and support of the...