Civil Bench Warrant - Failure to Comply

Useful Rulings on Civil Bench Warrant - Failure to Comply

Recent Rulings on Civil Bench Warrant - Failure to Comply

9976-10000 of 10000 results

GOMEZ VS. NOMAN

However, unlike in Robinson, where the provision of “false certificates of conformance” was readily found to be “independent” from the “contract loss” of “nonconforming clutches”; here, the alleged failure of Defendant to disclose the “engine defects” completely overlaps what is sought by a contract/warranty remedy—damages for the “nonconforming engine.” Plaintiff also fails to demonstrate that the component exception is applicable under the facts of this case.

  • Hearing

    Jun 25, 2020

ARCLIGHT FILMS INTERNATIONAL PTY LTD VS PARADOX STUDIOS LLC

Defendant argues that the contract is illusory as to Defendant for failure to allege Defendant received consideration. (Demurrer, pg. 10.) However, Plaintiff alleges that Defendant entered the Tax Credit Agreement on his own behalf and on behalf of Paradox, and for the purposes of a demurrer, the pleadings are taken as true. Based on the foregoing, Defendant’s demurrer to the 3rd cause of action is overruled.

  • Hearing

    Jun 25, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

SALVADOR MONTANO VS BHARAT PATEL

The evidence cited in Defendant’s separate statement does not address when Plaintiff began to suffer severe emotional distress. Plaintiff does not allege when he began to suffer emotional distress, and Defendant’s discovery (and the attached responses) only relate to Defendant’s alleged failure to comply with the standard of care. Accordingly, Defendant has not met his burden to show that Plaintiff cannot make a prima facie case for his intentional infliction of emotional distress claim.

  • Hearing

    Jun 25, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Medical Malpractice

ELENA BARRIOS VS WEST HILLS HOSPITAL AND MEDICAL CENTER, ET AL.

Defendants now demur to the second cause of action for harassment as to WHH and Glasscock for failure to state facts sufficient to constitute a cause of action (Code Civ. Proc., § 430.10, subd. (e)), and failure to exhaust administrative remedies. Defendants also demur to the sixteenth cause of action for failure to keep requisite payroll records for lack of standing.

  • Hearing

    Jun 25, 2020

  • Type

    Employment

  • Sub Type

    Other Employment

FIRST AMERICAN SPECIALTY INS CO VS JUAN M AMEZQUITA

On Motion of any party, the Court may grant leave to complete discovery, have a motion concerning discovery heard closer to the initial trial date, or to reopen discovery after a new trial date has been set. (CCP §2024.050(a).) No such Motion has been brought by either party.

  • Hearing

    Jun 25, 2020

  • Judge

    Lori Ann Fournier or Olivia Rosales

  • County

    Los Angeles County, CA

JANICE POIRIER VS SHAUN IRWIN

To date, despite an attempt to meet and confer and extension of time to respond, Defendant has not served responses to any of the propounded discovery. Plaintiff therefore seeks an order compelling Defendant to respond, without objections, to the outstanding discovery, deeming the RFAs admitted, and requiring Defendant and Defense Counsel to pay sanctions. Plaintiff’s motions to compel are granted.

  • Hearing

    Jun 25, 2020

THE PEOPLE OF THE STATE OF CALIFORNIA VS CITY OF SAN DIEGO AND ITS CITY COUNCIL

Plaintiff-Relators' Motion to Strike Parts of Answer Filed by Defendants-in-Intervention is denied. Plaintiff-Relators have failed to meet their burden that the allegations sought to be stricken are false, irrelevant or improper. (CCP § 435.)

  • Hearing

    Jun 25, 2020

  • Type

    Other

  • Sub Type

    Intellectual Property

JEANNETTE GOULD VS LENDERS T. D. SERVICE, INC. ET. AL.

Under that theory, failure to repay the loan would not seem to defeat the claim for Quiet Title. (See Glaski v. Bank of America (2013) 218 Cal.App.4th 1079, 1100.) For all of the foregoing reasons, defendants’ Demurrer to the Fourth Amended Complaint is OVERRULED.

  • Hearing

    Jun 25, 2020

IN THE MATTER OF: EMMELI VIAGNEY AQUINO CASILLAS

The Court intends to GRANT the Petition. PLEASE DO NOT APPEAR IN PERSON ON THE DATE OF THE HEARING. NO APPEARANCE IS NECESSARY. To obtain a Certified Copy of your Name Change Decree, please send a request with the required fee to Attn: Certification Unit, Los Angeles Superior Court, 111 North Hill Street, Room 112C, Los Angeles, CA 90012. Please include your Case Number on your request. The Court’s schedule of fees can be viewed at: http://www.lacourt.org/forms/Fees

  • Hearing

    Jun 25, 2020

VIVERA PHARMACEUTICALS, INC., A DELAWARE CORPORATION VS BLAINE HOLDING & DEVELOPMENT, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY

Melendez failed to comply with a validly served deposition subpoena—sanctions are not warranted under CCP §1987.2.

  • Hearing

    Jun 25, 2020

  • Judge

    Lori Ann Fournier or Olivia Rosales

  • County

    Los Angeles County, CA

SHANNA ZARESKI, ET AL. VS ALTITUDE AVIATION, INC., ET AL.

Judge John P. Doyle...

  • Hearing

    Jun 25, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Products Liability

JUANITA GOMEZ PEREZ VS FORD MOTOR COMPANY, ET AL.

According to Plaintiff, during the warranty period, the Vehicle contained or developed defects, including but not limited to a burning smell from the brakes, failure of front and rear brake pads, rattling noises from the engine, transmission kicking and jerking, premature replacement of the wiper blades, failure of the left turn signal bulb, shaking at idle, and pulling to the left and right. (Compl. ¶ 10.) Plaintiff alleges the causes of action: (1) violation of Civil Code, § 1793.2, subd.

  • Hearing

    Jun 25, 2020

  • Type

    Contract

  • Sub Type

    Breach

GUILLERMO ALBERTO ARELLANO VS HANKYU HANSHIN EXPRESS (USA) INC.

Plaintiff Guillermo Alberto Arellano’s Motion to Quash Subpoenas for Medical Records is GRANTED. Plaintiff to give notice.

  • Hearing

    Jun 25, 2020

  • Type

    Employment

  • Sub Type

    Wrongful Term

CRAIG ROSS, ET AL., VS BOARD OF TRUSTEES OF CAL. STATE UNIV.

Fourth, the 3rd (legitimate business reason), 4th (Government Code §945.6—failure to comply with Government Claims Act, 6th (failure to exhaust administrative remedies) 9th through 16th (unclean hands, pre-existing injuries/conditions, failure to avoid or mitigate, offset, ratification, collateral source, immunity from punitive damages, waiver) and 22nd affirmative defenses are sufficiently pleaded (statute of frauds).

  • Hearing

    Jun 25, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

  • Judge

    H. Jay Ford

  • County

    Los Angeles County, CA

JMS HOLDINGS COMPANY LLC VS JAKE'S ROOFING AND COATINGS, INC., A CALIFORNIA CORPORATION ET AL.

The court is of the opinion that Defendant is entitled to a continuance to brief fully their reply. Appearances required to discuss scheduling. To direct counsels’ attention to issues of interest of the court, the following observations are made: Plaintiff’s request for judicial notice will be granted. The First cause of action for Breach of Contract as alleged against Defendant Lapolla will be sustained with twenty days leave to amend.

  • Hearing

    Jun 25, 2020

GREGORY RANDOLPH VS CAPITAL ONE AUTO FINANCE

Here, Plaintiff’s Notice of Motion sets forth that the Motion as to the entire Cross-Complaint is based on Defendant’s failure to comply with Civil Code sections 2983.2 and 2983.4. (Mot., p 2:12-13.) Thus, the Court finds that Defendant was given sufficient notice of the grounds the Motion is based on.

  • Hearing

    Jun 25, 2020

  • Judge

    James E. Blancarte

  • County

    Los Angeles County, CA

(NO CASE NAME AVAILABLE)

Music School LLC’s Motion to Reclassify from Unlimited to Limited Civil Jurisdiction TENTATIVE RULING Bravo! Music School LLC’s Motion to Reclassify from Unlimited to Limited Civil Jurisdiction is denied. Reclassification Code Civ.

  • Hearing

    Jun 25, 2020

KEITH OLDHAM, ET AL VS JAY PRESS, ET AL

We continue to welcome an opportunity to discuss further options to resolve this matter so that legal action can be avoided.”

  • Hearing

    Jun 25, 2020

  • Type

    Real Property

  • Sub Type

    Quiet Title

  • County

    Los Angeles County, CA

IN THE MATTER OF: BYRON KEITH COCKRELL

The Court intends to DENY the Petition without prejudice on the ground that no proof of publication was filed. (Code Civ. Proc., § 1277(a).)PLEASE DO NOT APPEAR IN PERSON ON THE DATE OF THE HEARING. You may (but are not required to) make a remote appearance by CourtCall. To schedule a CourtCall appearance, visit visit www.courtcall.com or call (888) 882-6878. If you do not appear, the petition will be dismissed without prejudice and you may reapply.

  • Hearing

    Jun 25, 2020

FRANCES YANEZ VS JOSE CHRISTOPHER VASQUEZ

This is the outer limit of inference upon which an issue may be submitted to the jury.” Bromme v. Pavitt (1992) 5 Cal.App.4th 1487, 1498; citing Jones v. Ortho Pharmaceutical Corp. (1985) 163 Cal.App.3d 396, 402 403. Moving Burden The Expert Declaration of Dr. Lee is sufficient to meet Defendants’ moving burden to establish it is entitled to judgment as a matter of law, and Plaintiff does not argue to the contrary in opposition to the motion.

  • Hearing

    Jun 25, 2020

EVELIN RUSSELL VS FIVE STAR HOME HEALTH INC., A, ET AL.

Superior Court (2000) 79 Cal.App.4th 553, 558 [“At a minimum, the failure to plead arbitration as an affirmative defense is an act inconsistent with the later assertion of a right to arbitrate.”]). b. Whether the litigation machinery has been substantially invoked and the parties were well into preparation of a lawsuit before the party notified the opposing party of an intent to arbitrate.

  • Hearing

    Jun 25, 2020

  • Type

    Employment

  • Sub Type

    Wrongful Term

BEAR VS CITY OF OCEANSIDE

If the parties are satisfied with the Court's tentative ruling or do not otherwise wish to argue the motion, they are encouraged to give notice to the Court and each other of their intention not to appear, though this notice is not required.

  • Hearing

    Jun 25, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

KAREN DAWN VS AT&T MOBILITY, LLC

Owens-Corning Fiberglas Corp. (1971) 22 Cal.App.3d 116, 129 (although district was statutorily authorized to permit defendant to emit pollutants within the standard of permissible limits set by district, nothing in statutes provided district with express authority to permit commercial enterprises to engage in activities which the law pronounces to be a nuisance).

  • Hearing

    Jun 25, 2020

  • Type

    Real Property

  • Sub Type

    other

  • Judge

    H. Jay Ford

  • County

    Los Angeles County, CA

KESTRA INVESTMENT SERVICES, LLC VS DONALD PADILLA

The Court orders counsel for Petitioner to submit a proposed judgment consistent with the arbitration award for the Court’s signature and entry of judgment. Moving party to give notice. Parties who intend to submit on this tentative must send an email to the Court at [email protected] indicating intention to submit. Parties intending to appear are STRONGLY encouraged to appear remotely.

  • Hearing

    Jun 25, 2020

  • Judge

    Laura A. Seigle or Elizabeth Allen White

  • County

    Los Angeles County, CA

IN RE THE ESTATE OF LLOYD BRUSEN, DECEASED

However, because of emergency orders and public health directives due to the COVID-19 pandemic, neither counsel nor petitioner need appear in person. Counsel for petitioner will receive an invitation to attend court remotely via Zoom, and is encouraged to accept that invitation. Counsel may forward that invitation to petitioner and any other interested party who may also appear remotely.

  • Hearing

    Jun 25, 2020

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