Defendants Sonia Fernandez and Francisco Fernandez’s motion for judgment on the pleadings is granted in part and denied in part. Preliminarily, Defendants’ motion based on the statute of limitations is denied as to Plaintiffs Keoni Fernandez, Mason Fernandez and...
SMITH VS. FERNANDEZ
Defendants Sonia Fernandez and Francisco Fernandez’s motion to set aside stipulation to continue trial, and to dismiss the complaint is denied. Although not cited by the parties, the court finds the analysis of In re Thatcher’s Estate (1953) 120...
TOOTIKIAN VS. WILTSEY
Plaintiff’s objection to and Motion to Strike the May 13, 2016 Steinbeck declaration is granted. That declaration was not signed by Mr. Steinbeck and thus it fails to comply with CCP 2015.5 and is therefore inadmissible. Defendants’ demurrer and...
DESIGN/BUILD GENERAL CONTRACTOR INC VS. KOCH REMEDIATION & ENVIRONMENTAL SERVICES LLC
At the hearing, prior to addressing the demurrer, the parties should be prepared to address the issue of whether this court can rule on Plaintiff/Cross-Defendant Design/Build General Contractor, Inc.’s demurrer with Design/Build’s motion to recuse counsel for opposing party Defendant/Cross-Complainant...
ROFF VS. TRAN MD
The court addresses the evidentiary issues. Plaintiffs’ request for judicial notice is granted. The court then rules as follows. Plaintiffs’ motion for new trial is denied. Preliminarily, considering the circumstances set forth in the “Declaration of Kathryn B. Meadows...
ROFF VS. TRAN MD
The court addresses the evidentiary issues. Plaintiffs’ request for judicial notice is granted. The court then rules as follows. Plaintiffs’ motion for new trial is denied. Preliminarily, considering the circumstances set forth in the “Declaration of Kathryn B. Meadows...
ALVAREZ VS. ALVAREZ
The Motion (ROA # 128, 147, 150) of Plaintiff / Cross-Defendant SUSANA B. ALVAREZ (“Plaintiff”) for an order, pursuant Corp. C. §17707.03(c) (1), staying the dissolution of SPARKLEAN, LLC (“SPARKLEAN”) and all discovery and other proceedings in this action except...
AIROSO HOMEOWNERS ASSOCIATION VS. STANDARD PACIFIC CORP
The court addresses the evidentiary issues. Defendant Standard Pacific Corp.’s request for judicial notice is granted. Plaintiff’s request for judicial notice is granted. Standard Pacific’s evidentiary objections 1, 4, 5, 6 and 7 are overruled; objections 2 and 3 are...
MCMULLEN VS COVENANT CARE LA JOLLA LLC
The court addresses the evidentiary issues. Plaintiffs’ objections to evidence 1 is overruled because the objected to testimony is not specified, Fibreboard Paper Products Corporation v. East Bay Union of Machinists, Local 1304, United Steelworkers of America, AFL-CIO, et al....
CLARK VS. THE DAVEY TREE EXPERT COMPANY
The court addresses the evidentiary issues. Defendant Davey Resource Group’s evidentiary objections 1, 2 and 3 are overruled for failure to comply with California Rules of Court, rule 3.1354(b); objection 4 is denied because the objected to testimony is not...