Plaintiff’s Motion to Compel Further Responses to Form interrogatories, Special Interrogatories, Requests for Production of Documents, and Requests for Admissions is denied as untimely. (See CCP 2030.300(c); CCP 2031.310(c); and CCP 2033.290(c))   The Court initially points out that Plaintiff...

Defendant State National’s Motion to Strike the prayer seeking punitives in conjunction with the sixth cause of action is granted without leave to amend. Plaintiffs concede punitives are not recoverable against moving Defendant in this action.   Defendant’s Motion to...

Defendants’ general demurrer to Plaintiff’s second cause of action for injury to animal by gross negligence under Civil Code 3340 is sustained without leave to amend. When the allegations in the fourth amended complaint are read as a whole, they...

Defendants’ unopposed Motion to Dismiss pursuant to CCP 583.310 et seq. is granted.   “An action shall be brought to trial within five years after the action is commenced against the defendant(s).” (CCP 583.310). Here the action was commenced on...

PLEASE NOTE: THE HEARING TIME HAS BEEN CHANGED FROM 1:30 P.M. TO 12:00 P.M. DEC. 18,2015.   Plaintiff/Cross-Defendant’s moving Request for Judicial Notice is granted in part.  The Court will takejudicial notice of the existence of the June 15, 2010...

   PLEASE NOTE: THE HEARING TIME HAS BEEN CHANGED FROM 1:30 P.M. TO 12:00 P.M. DEC. 18, 2015. Cross-Defendants’ general demurrer to Cross-Complainant Bacon’s first cause of action for conversion and second cause of action for intentional interference with contractual...

  All counsel are ordered to appear at the Dec. 18, 2015 hearing at 12:00 p.m. for Plaintiff’s Motion to Approve Proposition 65 Settlement and Stipulation and are to be prepared to discuss the following issues:   Plaintiff brings this...

Defendant’s and Plaintiff’s Requests for Judicial Notice are granted.   The Court will not consider new arguments that address Plaintiff’s allegations of physical abuse made for the first time in the reply brief.   The Court will also not consider...

The Court sustains the lack of foundation objection to exhibit C lodged with Defendants’ opposition brief. Defendant AEC’s Motion for Determination of Good Faith Settlement is denied without prejudice. Where the non-settling Defendants contest “good faith” the moving party must...

Defendants’ Evidentiary Objections to the Slovak declaration are overruled.   Plaintiffs’ Motion for Leave to File a Second Amended Complaint is granted in part pursuant to CCP 473(a).  The motion to add additional class members is granted as the supporting...