California Tentative Rulings
Defendant Management Association, Inc., et al.’s demurrer on the ground of failure to exhaust administrative remedies is OVERRULED. (See Jonathan Neil & Associates, Inc. v. Jones (2004) 33 Cal.4th 917, 933 (Jonathan Neil) [exhaustion of remedies inapplicable to contract claim...
Defendant Sanford Ratner’s 2/11/16 motion for summary judgment/adjudication is DENIED AS MOOT. Plaintiff dismissed the moving defendant on 4/28/16. Defendants Surgicare of La Veta Ltd. and Surgical Care Affiliates LLC’s motion for summary judgment/ adjudication is DENIED. Defendants...
Motion #1: Defendant’s Summary Judgment Motion. Merits Defendants Cypress Lodge, L.P. and Satellite Management Co.’s motion for summary judgment is DENIED. Defendants failed to meet their initial burden to show that plaintiffs’ claim lacks merit, one or more element of...
Defendant Orange County Transportation Authority’s demurrer to the First Amended Complaint is SUSTAINED WITH LEAVE TO AMEND. The first cause of action fails to allege fraud with specificity. (See Lazar v. Superior Court (1996) 12 Cal.4th 631, 645 [fraud generally]);...
Defendants SLS and Wilmington Trust’s demurrer (in which defendant NBS Default Services, Inc. joins) to the plaintiffs’ first amended complaint is SUSTAINED WITH LEAVE TO AMEND. Plaintiffs are granted 60 days leave to file a second amended complaint. Plaintiffs lack...
Defendant Eric D. Johnson’s Motion to Quash Service of Summons is GRANTED. Plaintiffs have the initial burden to show with admissible evidence the court may exercise personal jurisdiction over defendant in this case. (See Vons Companies, Inc. v. Seabest Foods,...
Defendant Zaman Kabir’s motion to vacate the 11/17/14 default judgment is DENIED. The court may consider this motion despite the pending appeal. (See Andrisani v. Saugus Colony Limited (1992) 8 Cal.App.4th 517, 523; accord 9 Witkin, Cal. Proc. (5th ed....
Cross-Defendant Jolly Alexander’s (Alexander) 12/23/15 motion for summary judgment against Cross-Complainant Universal Site Services, Inc. (USS) is DENIED. Alexander failed to meet her burden to establish she owed no duty to supervise plaintiff Battleson to prevent the injury. The existence...
#1 Defendant State Farm Automobile Insurance Company’s (State Farm) demurrer to first amended complaint is SUSTAINED WITHOUT LEAVE TO AMEND as to the first, second, third, and fourth causes of action. First, second, and third causes of action. Plaintiff fails...
Cheryl Goto’s 2/22/16 sanctions motion is DENIED. The court has already found “Ms. Goto is not a party to this action in her individual capacity and therefore lacks standing . . . .” (9/17/15 minute order; see generally Lee v....