California Tentative Rulings
TENTATIVE RULING: The Motion to Dismiss of Respondent Center for Hyperbaric Therapy, Inc. (“CENTER”) is GRANTED. The action is dismissed in its entirety. Respondent’s Request for Judicial Notice of four court document from San Diego Superior Court Case Number...
Defendant Kaiser Foundation Health Plan, Inc. brings this demurrer to Plaintiff Alyssa Reyes’ First Amended Complaint. Defendant contends that the First Amended Complaint is uncertain and fails to states sufficient facts to constitute a cause of action. “Demurrer...
The order to show cause re: appointment of a receiver, filed by plaintiff Linda Malcolm, is denied. Background and Discussion Plaintiff Linda Malcolm and defendant Darlene Malcolm are sisters who own equal shares of defendant Malcolm Family Properties,...
Defendant European Wax Center’s and Defendant Gail Vigil’s motion for summary judgment is denied. Defendant European Wax Center’s and Defendant Gail Vigil’s motion for summary adjudication is granted in part and denied in part. Defendants’ request for judicial notice dated...
Cross-Defendant Chicago Title Insurance Company (“CTI”) demur to Defendant/Cross-Complainant SOCAL Auction Properties, Inc.’s (SOCAL) Cross-Complaint. In determining whether a complaint alleges facts sufficient to state a cause of action, the Court treats the demurrer as admitting all material facts...
Having prevailed on appeal, Defendants Fidelity National Title Company (“Fidelity) and First American Title Insurance Company (“First American) seek their attorneys’ fees on appeal. In ruling on this motion, the Court has reviewed all evidence submitted which includes the...
Defendant American A-One Investment Co., Inc. has brought a demurrer and motion to strike. Defendant’s demurrer is limited to the sixth cause of action for breach of contract. Defendant’s moving papers specifically assert that “the complaint fails to state whether...
Defendants City of Carlsbad, Carlsbad Police Department by and through the City of Carlsbad and Lt. Bruce May’s motion for summary judgment or summary adjudication is denied in part and granted in part. Defendants’ request for judicial notice dated April...
Plaintiffs John Coffin and Slender Vendor LLC have sought summary adjudication. In their notice of motion the Plaintiffs cited seven different issues for adjudication. However, with the filing of the points and authorities, Plaintiffs indicate that the second issue has...
Defendants Reid Medina and Sierra Medina’s demurrer to the 5th cause of action for willful misconduct is sustained with 20 days leave to amend. The motion to strike is moot as to punitive damages and is sustained as to the...