What is a Motion for New Trial?

Useful Rulings on Motion for New Trial

Recent Rulings on Motion for New Trial

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OSH GABRIEL CHAVEZ, ET AL. VS FCA US LLC, A DELAWARE LIMITED LIABILITY COMPANY, ET AL.

18STCV10000 OSH GABRIEL CHAVEZ vs FCA US LLC Plaintiffs’ Unopposed Motion to Compel Deposition Attendance of Defendant FCA Us LLC’s Persons Most Knowledgeable and Custodian(s) of Record TENTATIVE RULING: The motion is GRANTED. Defendant is ordered to produce a witness competent to matters 10, 17, 18, 26, 27, 28, 29, 30, 31, 32 and 33 within 20 days. Plaintiff’s request for sanctions is GRANTED.

  • Hearing

    Oct 06, 2020

  • Type

    Contract

  • Sub Type

    Breach

BMO HARRIS BANK N.A., AS DIRECT OR INDIRECT ASSIGNEE OF GE CAPITAL COMMERCIAL INC. AND GENERAL ELECTRIC CAPITAL CORPORATION VS AJAX LEASING CO. LLC, A CALIFORNIA LIMITED LIABILTY COMPANY, ET AL.

.: 20NWCV00296 HEARING: 10/6/20 JUDGE: OLIVIA ROSALES #12 TENTATIVE ORDER Plaintiff BMO Harris Bank N.A.’s applications for right to attach order and writ of possession are STAYED. The court is in receipt of the Notice of Stay filed by Defendant Chris Todero.

  • Hearing

    Oct 06, 2020

  • Judge

    Lori Ann Fournier or Olivia Rosales

  • County

    Los Angeles County, CA

JOSEPH CAREY VS CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION

The unopposed Motion (ROA # 23) of Defendant California Department of Corrections and Rehabilitation, sued herein as "State of California" ("Defendant" or "CDCR") for an order requiring Plaintiff Joseph Carey ("Plaintiff") to respond to (1) Form Interrogatories (Employment Law); (2) First Set of Special Interrogatories; and (3) First Set of Requests for Production of Documents, and to produce all records responsive to CDCR' s First Set of Requests for Production of Documents, and for monetary sanctions, is GRANTED

  • Hearing

    Oct 06, 2020

  • Type

    Employment

  • Sub Type

    Other Employment

MALENA V. BROMLEY

Based on the court’s 9-15-20 Minute Order, Plaintiff’s (Sonny Nguyen) Motion for a Protective Order (filed on 3-4-20 under ROA No. 125) is off calendar.

  • Hearing

    Oct 06, 2020

HANSIK INC VS PAG MOOGA INC ET AL

At the trial setting conference and order to show cause hearing on August 31, 2020, the Court noted that neither Plaintiff nor Defendant had posted jury fees. (Minute Order 8/31/20.) The court also noted that “[i]f any party seeks a jury trial, that party will have to timely file and serve a noticed motion for relief from jury waiver to be heard on a date reserved on CRS.” (Minute Order 8/31/20.) On September 10, 2020, Defendant filed the instant motion for relief from jury waiver.

  • Hearing

    Oct 06, 2020

  • Judge Elaine Lu
  • County

    Los Angeles County, CA

WEST COAST YAMAHA VS AREHART

The plaintiff’s unopposed request for judicial notice is granted. The plaintiff’s unopposed motion for summary judgment is denied. The motion for summary adjudication of the first cause of action for conversion is denied. The motion for summary adjudication of the second cause of action under Penal Code section 496 is granted. Analysis: The motion for summary judgment fails because the conversion claim in the first cause of action fails.

  • Hearing

    Oct 06, 2020

MYLAUNNA LEE ET AL VS ALFRED LEE STRINGER ET AL

The Court has read the unopposed motion and now rules as follows. This case was filed on December 14, 2016 and a judgment was entered on September 19, 2018 in favor of Plaintiffs for $116,211.25 after a court trial on July 26, 2018. Plaintiffs timely filed a motion for attorney’s fees on September 7, 2018. Plaintiffs assert that they are entitled to attorney’s fees under Civil Code section 1717(a) based on an attorney’s fees and costs provision in the contract upon which this action was founded.

  • Hearing

    Oct 06, 2020

BOER & SONS INC VS. GOMES, ROBERT W

Plaintiff/Cross-Complaints Boer & Sons Inc’s Motion to Compel Response to Request for Statement of Damages from Cross-Complainant, Robert W. Gomes, Robert W. Gomes as Trustee for the Robert W. Gomes Trust Pursuant to Code Civ. Proc. Section 425.11 – GRANTED, in part, and DENIED, in part. To the extent that the motion sought to compel Defendants to produce a statement of damages, it is GRANTED.

  • Hearing

    Oct 06, 2020

NASSARY VS CITY OF RIVERSIDE

The Court grants the City of Riverside’s unopposed motion to compel Plaintiff to provide the documents as requested in Ex. A to the motion to compel, without objections, within 15 days of today’s hearing.

  • Hearing

    Oct 06, 2020

J K M EQUIPMENT, INC. V. REES

Motion No. 1: Defendant’s (Ann Marie Rees) Motion for Orders Setting Aside the Default and Default Judgment, If Any, Entered Against Her On the First Amended Complaint (Motion), filed on 9-1-20 under ROA No. 239, is GRANTED. Rodriguez v. Cho (2015) 236 Cal.App.4th 742, 750, states, “ ‘ “The court may grant relief under its inherent equity power if, because of the fraud of his opponent, the aggrieved party was prevented from presenting his claim or defense to the court. [Citations.]

  • Hearing

    Oct 06, 2020

LEONEL CARRASCO TORRES ET AL VS HARRY J OLEN ET AL

.: BC670915 HEARING: 10/6/20 JUDGE: OLIVIA ROSALES #3 TENTATIVE ORDER Plaintiffs Torres, et al.’s motion for leave to amend is MOOT. Summary judgment has been granted in favor of Defendant Alston, and there are no remaining parties or pending claims in this action. Opposing Parties to give NOTICE.

  • Hearing

    Oct 06, 2020

  • Judge

    Lori Ann Fournier or Olivia Rosales

  • County

    Los Angeles County, CA

DF & RW, INC., DBA F& W FOODSERVICES VS PHILIP WEINBERGER, ET AL.

The motion is therefore denied. Defendants may instruct the custodian of records to redact any third party information subject to further third party notice determinations, if required and within the guidelines discussed. Neither party makes any request for sanctions. The issue is therefore not addressed. Motions to compel further responses to requests for production of documents set for October 27 and 28, 2020. December 14, 2021 trial date to stand. Moving parties to give notice.

  • Hearing

    Oct 06, 2020

  • Type

    Contract

  • Sub Type

    Breach

POMONA VALLEY HOSPITAL MEDICAL CENTER VS KAISER FOUNDATION

Accordingly, the court will continue the hearing on the motion to _______________________ (i.e., a date that can accommodate 2 motions to compel furthers/2 motions to compel depositions). Counsel for PVHMC is instructed to re-file the motion, in the interim, as four separate motions pursuant to Code of Civil Procedure § 1005(b) notice and to pay filing fees for each such motion. Counsel for PVHMC is admonished to file (and pay for) separate motions for each discovery vehicle at issue in the future.

  • Hearing

    Oct 06, 2020

CHARLES THOMAS MCGUIRE, III, ET AL. VS ANDREW LEUNG, ET AL.

Rice (1) Motions to be Relieved as Counsel Moving Party: Attorney Ali Moghaddami Responding Party: none Ruling: Moghaddami’s motions to be relieved as counsel for plaintiffs are granted. The proposed orders will be signed and filed. Attorney Ali Moghaddami moves to be relieved as counsel of record for plaintiffs Charles Thomas McGuire, France Demoulin, and Denise Carter. Moghaddami has complied with the requirements set forth in California Rules of Court, Rule 3.1362.

  • Hearing

    Oct 06, 2020

  • Type

    Real Property

  • Sub Type

    Landlord Tenant

AUTO COLLISION GROUP, INC. VS FLOR DE MARIA ORELLANA, ET AL.

Accompanying motion to strike attorney’s fees and punitive damages is also GRANTED. Plaintiff failed to file any opposition, amended complaint, or dismiss Defendant. The court will hear from Plaintiff regarding any grounds warranting leave to amend.

  • Hearing

    Oct 06, 2020

  • Judge

    Lori Ann Fournier or Olivia Rosales

  • County

    Los Angeles County, CA

UNITED SERVICES AUTOMOBILE ASSOCIATION VS. PACIFIC GAS AND ELECTRIC COMPANY

The Department 31 Zoom link is: https://saccourt.zoom.us/my/dept31a The Zoom ID is: 441-177-2877 The Zoom number is: (888) 475-4499 If any party wishes to preserve the hearing for future use, a court reporter will be required. During the COVID-19 emergency, the Court will supply a court reporter upon request. Any party desiring a court reporter shall so advise the clerk upon request for oral argument.

  • Hearing

    Oct 06, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Products Liability

PAI VS. SELECT PORTFOLIO SERVICING

Motion for Summary Judgment and/or SAI Tentative Ruling: Defendants Select Portfolio Servicing, Inc. (“SPS”) and U.S. Bank NA, successor Trustee to Bank of America, NA, successor in interest to La Salle Bank NA, as Trustee, on behalf of the holders of the Washington Mutual Mortgage Pass through Certificates WMALT Series 2006-5’s (“USBANK”) Motion for Summary Judgment is GRANTED as follows. Request for Judicial Notice: The Court GRANTS Defendants’ RFJN of Exhibits 3 and 19 per Evidence Code section 452(c).

  • Hearing

    Oct 06, 2020

IRENE MORENO VS CIRRUS ASSET MANAGEMENT INC

BC715898 IRENE MORENO VS CIRRUS ASSET MANAGEMENT INC Plaintiff’s Motion to Quash Subpoenas Duces Tecum Issued to FPI Management and Sprint TENTATIVE RULING: The motion to quash is GRANTED IN ITS ENTIRETY. Bookmarks Plaintiffs’ counsel is reminded to comply with the First Amended General Order filed on May 3, 2019 which requires all efiled documents to be bookmarked. Future failure to comply with the General Order may result in a delay in hearing.

  • Hearing

    Oct 06, 2020

  • Type

    Employment

  • Sub Type

    Wrongful Term

ARGENT MANAGEMENT VS. MILLER

Motion for Sanctions Tentative Ruling: Cross-Complainant Jacqueline Miller’s Motion for Terminating Sanctions is DENIED without prejudice. Cross-Complainant Jacqueline Miller’s Motion for Monetary Sanctions is GRANTED in part. Reasonable monetary sanctions of $2,160.00 are imposed against Elieff and his counsel, payable within 30 days.

  • Hearing

    Oct 06, 2020

LOREN ZWICK VS THE GREAT REPUBLIC LOFTS

ANALYSIS: On January 28, 2020, pro se Plaintiff Loren Zwick (“Plaintiff”) filed the Complaint in this action against Defendant The Great Republic Lofts (“Defendant”) for (1) negligence; (2) gross negligence; and (3) breach of contract. On April 24, 2020, Defendant filed the instant Demurrer and Motion to Strike the Complaint. Plaintiff filed an opposition to the Demurrer on September 17, 2020 and a notice of non-opposition to the Motion to Strike on the same date.

  • Hearing

    Oct 06, 2020

  • County

    Los Angeles County, CA

IN RE THE ESTATE OF MICHAEL F. JAHN, DECEASED

Petition for Letters of Administration and for Authorization to Administer Under the Independent Administration of Estates Act PREGRANT ORDER The courtroom will be open on October 6, 2020. 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.

  • Hearing

    Oct 06, 2020

(NO CASE NAME AVAILABLE)

There being no deadline to bring a motion under Code of Civil Procedure section 473, subdivision (d), Judgment Debtor Edith Remington’s request for relief under this statute is timely. The Motion must also show that service of the Summons and Complaint did not substantially comply with the statutory requirements.

  • Hearing

    Oct 06, 2020

  • County

    Los Angeles County, CA

FILIPPINI WEALTH MANAGEMENT, INC. V. MAX BARIL, ET AL.

Nature of Proceedings: Case Management Conference; Motion Summary Judgment/Adjudication to Plaintiff's First Amended Complaint Tentative

  • Hearing

    Oct 05, 2020

GRACE DESIGN ASSOCIATES, INC. V. MARK T. COFFIN, ET AL.

Nature of Proceedings: Motion Attorney Fees Tentative

  • Hearing

    Oct 05, 2020

WANDA NELSON V. SANTA BARBARA COUNTY SHERIFFS OFFICE, ET AL.

Nature of Proceedings: Demurrer First Amended Complaint This matter is continued on the court's motion to October 19, 2020 at 10:00 a.m. in Dept. 5. No appearance is required on October 5, 2020.

  • Hearing

    Oct 05, 2020

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