California Tentative Rulings
[TENTATIVE] ORDER RE: JUDGMENT ON THE PLEADINGS Defendant’s motion for Judgment on the Pleadings is GRANTED WITHOUT LEAVE TO AMEND on the basis that it is time-barred by California Government Code, §945.6. In ruling on this motion, the Court considered...
Demurrer to Amended Complaint filed by Defts. Truwest, Inc; Gary Westwell and Lee Westwell; Defendants Truwest, Inc., Gary Westwell, and Lee Westwell’s Demurrer isSUSTAINED, without leave to amend as to the 5th cause of action for Intentional Infliction of Emotional...
Defendant’s and Plaintiff’s Request For Judicial Notice are all GRANTED. The court limits such notice to the existence of, recording/filing of, and legal effect of the recorded instruments and pleadings, but not as to the truth of disputed factual matters...
CSEA SAN DIEGO OTBS CHAPTER 788’s Motion to Strike the Third Amended Complaint against them is GRANTED. Plaintiff filed a Third Amended Complaint naming California School Employees Association (“CSEA”) as a Defendant in violation of this Court’s Order dated April...
* TENTATIVE RULING: * The Demurrer to Plaintiffs’ second cause of action for constructive fraud filed by Defendant Bay Alarm Company is sustained without leave to amend. (Code Civ. Proc., § 430.10, subd. (e).) Constructive fraud arises on a breach of...
The Court sustains without leave to amend the demurrer of Defendant Collectors Universe Inc., which was joined in by Defendant Souza, to the second cause of action for Cartwright Act violations in Plaintiff’s Third Amended Complaint. The Court has already...
TENTATIVE RULING Defendant Kids Included Together’s (“KIT”) demurrer to the first amended complaint (“FAC”) is overruled to the fifth, sixth, eighth and tenth causes of action, and sustained, without leave to amend, to the eleventh cause of action for intentional...
Defendants Witold Muller, Muller Commercial Real Estate, Clayton Daines, Dharmesh Patel and Joyshna Patel’s Demurrer to The First Cause of Action in Plaintiff’s Second Amended Complaint (“2ndAC”) For Breach of Contract (Specific Performance) is sustained with FINAL leave to amend,...
Counsel for plaintiff: Daniel O’Neil-Ortiz (L.O. O’Neil-Ortiz); Rodney Mesriani; Matthew Balmuth (Mesriani, etc.) Counsel for defendant/demurring party Unified Protective Services, Inc.: H. Michael Soroy; Peter Ver Halen; Kristin Ingulsrud (L.O. Soroy) Counsel for defendant/demurring party Super Center Concepts, Inc. dba...
Tentative Ruling: The Demurrer by Defendants Howard’s Construction and Kevin Howard Smith is overruled as to the Second Cause of Action for Constructive Fraud and is sustained without leave to amend as to the Third Cause of Action for Claim...