Plaintiff’s Motion for Order Compelling Compliance with Court Order Requiring Responses to Special Interrogatories Set One is denied. The Discovery Act does not authorize a motion to compel compliance with a Court order compelling discovery responses. Once a motion to...
SKELLEY VS. HOME CAPITAL FUNDING
Defendants’ Request for Judicial Notice is granted in part and denied in part. The request is granted in part as to exhibits A-F and L-N. The Court will take judicial notice of the recorded documents pursuant to Evidence Code 452(c)...
BARBARA M BAKER BY AND THROUGH HER SUCCESSOR IN INTEREST DENISE DOUGHERTY VS. MEK ESCONDIDO LLC
Defendant’s Motion to Compel Arbitration is denied as the arbitration agreement is not enforceable and the claims pled in Plaintiffs’ complaint are not subject to arbitration. Defendant maintains Denise’s cause of action for wrongful death is subject to arbitration...
EMERALD AERO LLC VS. KAPLAN
Defendant’s Petition to Vacate Contractual Arbitration Award is denied. Defendant contends the award should be set aside because it was obtained by corruption, fraud or other unfair means; the arbitrator exceeded his authority and the award cannot be fairly corrected;...
CLANCY VS TRI-CITY HEALTHCARE DISTRICT
Plaintiffs’ objection to Defendant’s Request for Judicial Notice is sustained and Defendant’s Request for Judicial Notice is denied. Judge Casserly’s ruling on April 19, 2013 is not binding on this Court in any way and is therefore irrelevant. Defendant’s...
SANSONE VS. LAS VILLAS DE CARLSBAD OPERATIONS, LLC
The Motion to Withdraw as Counsel is taken off calendar for defective service. There are a series of proofs of service that accompany the moving papers: One shows service of the moving papers on all counsel by e-mail on Feb....
BEANLAND VS. BERYL KARPOWITZ-MULLANE, AN INDIVIDUAL AND AS TRUSTEE OF THE DONNA BEANLAND TRUST, THE DONNA BEANLAND TRUST
Defendant’s Request for Judicial Notice is denied. Defendant fails to explain why the federal rules of civil procedure would govern this motion and allow this Court to take judicial notice of an unpublished federal opinion. Defendant’s evidentiary objections to the...
RIO VISTA LANDSCAPE MAINTENANCE ASSOCIATION VS. CITY OF OCEANSIDE
Plaintiff’s Claim of Exemption is denied. Plaintiff is seeking to exempt funds held in its Chase Bank account pursuant to CCP 5620. This statute allows a homeowner’s association to exempt from levy “[r]egular assessments imposed or collected to perform…essential services,...
FONSECA VS JUST CONSTRUCTION INC
Defendant State National’s general and special demurrers to the seventh cause of action for Penalties Pursuant to Labor Code 2699 et seq., is sustained without leave to amend. An action under PAGA (i.e., Labor Code 2698 et seq.) can only...
FONSECA VS JUST CONSTRUCTION INC
The Court will not consider new arguments raised for the first time in Defendants’ reply. In the reply, Defendants argue that there no private right of action under the Calif. Prevailing Wage Law in Labor Code 1720-1815 and actions for...