California Tentative Rulings
Defendant George Sanders’ demurrer is overruled in part and sustained in part. Defendant’s motion to strike is denied. Defendant shall file an answer by March 14, 2016. Plaintiffs have asserted causes of action for breach of contract, permanent injunction,...
Defendant Alicia Avina’s unopposed motion for summary judgment is granted. The complaint contains causes of action for wrongful death, personal injuries and a survivor’s action. The allegations asserted against the moving party are that “Avina owned the vehicle that...
Defendants Daniel Holbrook and Debra Holbrook’s demurrer is overruled. Defendants shall file an answer by March 14, 2016. Defendants demur to the first (breach of indemnity contract), second (reimbursment), and third (specific performance) causes of action in the complaint...
Defendant Kamran A. Tafreshi’s motion to compel further responses to request for admissions is granted. Defendant’s request for monetary sanctions is granted. Discovery is supposed to be self-executing. Requests for admission are supposed to be self-executing. Plaintiff is not...
Plaintiff/Cross-defendant Patrick R. Powers’ motion to enforce settlement agreement is denied. The Court has carefully reviewed the arguments and authorities presented by both parties. The Court is not persuaded that the settlement agreement is properly enforceable under the current...
Defendant Apple, Inc.’s motion for summary judgment or, in the alternative, summary adjudication is denied. Plaintiff Stephen Cilurzo’s request for judicial notice dated December 4, 2015 is granted. The Court rules on defendant’s evidentiary objections as follows: Objection #1: overruled ...
Admissions Defendant Kamran A. Tafreshi’s motion for relief from requests for admission deemed admitted is granted pursuant to Wilcox v. Birtwhistle (1999) 21 Cal.4th 973, 980-983. The Court is persuaded that defendant has met the required standard here. The...
Plaintiff Patricia Jenkins’ motion to compel the production of the incident report is denied. Plaintiff moves for an order compelling the defendant to produce an incident report referred to by Erik Camarena at his deposition. Erik Camarena is a...
Cross-Complainant John Caglia’s motion to stay entire action pending appeal is denied. The SLAPP ruling on appeal involves alleged defamatory statements Mr. Morrissey made about Mr. Caglia to his employer, Rite Aid. The SLAPP ruling on appeal involves a...
Plaintiff Interinsurance Exchange of the Automobile Club’s unopposed motion to deem admitted matters contained within the plaintiff’s first set of request for admissions is granted. The Court deems the lack of opposition to the motion to be a concession as...