Plaintiff Andre Smith’s Motion for Discovery Sanctions against Defendant ARS West, LLC is denied.   As a preliminary matter, Plaintiff’s amended motion was untimely filed. The original hearing date in this case is April 15, 2016. The motion was required...

Defendants Kaj Vazales, Mark Twaalfhoven, Steven Crange, David Heinzmann, John Major, Gary  Sutton and Robert Switz’s Motion for Judgment on the Pleadings is granted. The parties appear to agree that Pennsylvania law applies to this case.   There is no...

Defendant  Jack Charles  Jr.’s Special  Motion to Strike Pursuant  to Code  of Civil Procedure     Section 425.16 is granted.   The anti-SLAPP motion is a procedural remedy, designed to quickly identify and dispose of lawsuits brought to chill the valid exercise of...

Defendants Coldwell Banker Residential Brokerage Company and Anita Reynolds’ Demurrer to the Complaint is sustained without leave to amend.   Defendants demur on the grounds that the claims alleged are barred by collateral estoppel. Plaintiffs concede the arbitration decision does...

Cross-complainant Micah Davison’s Motion for Leave to Substitute a New Class Representative is denied.   The court previously denied Davison’s motion for class certification on the grounds he was not a proper class representative. Davison was granted leave to file...

Defendant Minshew Brothers Steel Construction, Inc.’s Motion for Summary Judgment or, in the alternative, Summary Adjudication is denied. Defendant’s burden on summary judgment is set forth as follows:   “Where, as here, a defendant moves for summary judgment and the...

Cross-Defendant Rudolph and Sletten, Inc.’s Motion for Summary Judgment, Alternative Motion for Summary Adjudication is denied.   Cross-Defendant Rudolph and Sletten, Inc. (“R&S”) is moving for summary judgment on the grounds that because it was acting as a construction manager-advisor...

Cross-Defendant Rudolph and Sletten, Inc.’s Motion for Summary Judgment, Alternative Motion for Summary Adjudication is denied.   Cross-Defendant Rudolph and Sletten, Inc. (“R&S”) is moving for summary judgment on the grounds that because it was acting as a construction manager-advisor...

Cross-Defendants Pietro Tomassi, Pietro Tomassi as CEO and President of Compunet USA, Inc., and Compunet USA, Inc.’s Motion for Summary Judgment or, in the alternative, Summary Adjudication against Cross-Complainant Daniel Tomassi is denied. The standard for analyzing a motion for...

Respondents Dehesa School District and the Heights Charter School’s Demurrer to Alpine Union School District’s First Amended Petition for Writ of Mandate and Complaint for Unfair Competition, Injunctive  and Declaratory Relief is sustained.   As a preliminary matter, the court...