Related Content
in Ventura County
Case
201700493459PRCE
Jul 23, 2024 |
Hearing Re: Annual/Biennial Status Report |
201700493459PRCE
Case
2024PRCE025094
Jul 26, 2024 |
Review Hearing Transfer In |
2024PRCE025094
Ruling
201500465373PRCP
Jul 23, 2024 |
Roger L. Lund
|
Hearing Re: Annual/Biennial Status Report |
201500465373PRCP
SUPERIOR COURT OF CALIFORNIA
COUNTY OF VENTURA
Probate Notes
201500465373PRCP: In the Matter of Marie Chantelle Castaneda
07/23/2024 in Department J6
Hearing Re: Annual/Biennial Status Report Due 06/18/24
For future reference, the Court advises that Local Rule 10.02(J)(2) requires that a
Notice of Filing of Status Report (local form VN257) be served on those parties
entitled to notice and be filed with the court.
The status report was filed on 07/05/24. The Court has reviewed the status
report. It is complete. No appearance required.
The Court Investigator’s report was filed on 07/11/24. The Court has reviewed
the report. It is complete.
The next biennial status report shall be filed by 06/17/26 and set for a hearing on
07/21/26 at 10:30 AM in Department J6.
The clerk shall give notice.
_______________________
The Court uses Zoom exclusively for remote appearances in Department J6. For information on
the Zoom procedures, and for general information regarding Judge Lund and his courtroom
rules and procedures, please visit: http://www.judgerogerlund.com.
Ruling
2024PRTR025336
Jul 25, 2024 |
Roger L. Lund
|
Hearing on Petition for Orders Declaring Notice of Revocation ect. |
2024PRTR025336
SUPERIOR COURT OF CALIFORNIA
COUNTY OF VENTURA
Probate Notes
2024PRTR025336: IN RE OF THE GARY W. JACKSON AND LINDA T. JACKSON
TRUST
07/25/2024 in Department J6
Hearing on Petition for Orders Declaring Notice of Revocation ect.
The court intends to grant the petition finding that the Notice of Revocation of the
Community Trust is invalid and shall have no force or effect; confirm that Gary W.
Jackson is the sole trustee of the trust and all sub-trusts, and denies the request
for attorney fees and costs as petitioner has not provided and facts as to such
request.
__________________
The Court uses Zoom exclusively for remote appearances in Department J6. For information on the Zoom
procedures, and for general information regarding Judge Lund and his courtroom rules and procedures, please visit:
http://www.judgerogerlund.com.
Ruling
202100555793PRCE
Jul 23, 2024 |
Roger L. Lund
|
Petition Other (PRC) |
202100555793PRCE
SUPERIOR COURT OF CALIFORNIA
COUNTY OF VENTURA
Probate Notes
202100555793PRCE: In The Matter of Esperanza M. Moore
07/23/2024 in Department J6
Petition Other (PRC) Petition To Determine The Invalidity of A Trust Amendment;
Invalidity of Donative Transfer; Financial Elder Abuse; Ownership of Conservatorship
Estate Property; And For An Order Directing Respondent To Account for Conservatee's
Estate....ect.
Discuss status of Settlement Agreement.
The clerk shall give notice.
_________________
The Court uses Zoom exclusively for remote appearances in Department J6. For information on
the Zoom procedures, and for general information regarding Judge Lund and his courtroom
rules and procedures, please visit: http://www.judgerogerlund.com.
Ruling
202100555117CUOE Ivan Ochoa vs. Meggitt Safety Systems Inc
SUPERIOR COURT OF CALIFORNIA
COUNTY OF VENTURA
Tentative Ruling
202100555117CUOE: Ivan Ochoa vs. Meggitt Safety Systems Inc
07/24/2024 in Department 43
Hearing on Final Approval
The morning calendar in courtroom 43 will normally begin at 8:45. Please arrive for your hearing
no later than 8:30 a.m. The door will be opened before the calendar is called.
The Court allows appearances by CourtCall and Zoom, but parties must both use the same platform
if appearing remotely. The court’s equipment is not capable of handling mixed remote
appearances. Counsel are expected to cooperate in this regard. Refer to the Courtroom 43 webpage
for more information about remote appearances.
If appearing by CourtCall, call in no later than 8:30 a.m. If you wish to appear by CourtCall, you
must make arrangements with CourtCall by 4:00 p.m. the court day before your scheduled hearing.
Requests for approval of a CourtCall appearance made on the morning of the hearing will not be
granted. No exceptions will be made.
For Zoom appearances, you must email the court at Courtroom43@ventura.courts.ca.gov with a
simultaneous copy to all other counsel/self-represented parties no later than 3:00 p.m. the court
day before the hearing. INCLUDE THE PHRASE "ZOOM APPEARANCE ON (DATE OF
HEARING)" IN THE SUBJECT LINE OF YOUR EMAIL. You will receive the login information
for your appearance in reply to your email. If appearing by Zoom, log into the hearing no later
than 8:30 a.m. The Court will transfer you to the meeting room when your matter is called.
Additional instructions can be found on the Courtroom 43 webpage. IF YOU DO NOT FOLLOW
ALL OF THESE INSTRUCTIONS, YOU WILL NOT BE PERMITTED TO APPEAR BY
ZOOM AT THE HEARING. NO EXCEPTIONS WILL BE ALLOWED.
With respect to the tentative ruling below, no notice of intent to appear is required. If you wish to
submit on the tentative ruling you can fax notice to Judge Coats's secretary, Ms. McIntyre at 805-
477-5894, stating that you submit on the tentative. Or, you may email
Courtroom43@ventura.courts.ca.gov with all counsel copied on the email. Do not call in lieu of
sending a fax or email. If you submit on the tentative without appearing and the opposing party
appears, the hearing will be conducted in your absence. If you are the moving party and do not
communicate to the Court that you submit on the tentative or you do not appear at the hearing, the
Court may deny your motion irrespective of the tentative.
Unless stated otherwise at the hearing, if a formal order is required but not signed at the hearing,
the prevailing party shall prepare a proposed order and comply with CRC 3.1312 subdivisions (a),
(b), (d) and (e). The signed order shall be served on all parties and a proof of service filed with the
court. A "notice of ruling" in lieu of this procedure is not authorized.
Motion: Plaintiff’s Motion for Final Approval of Class Action Settlement
202100555117CUOE: Ivan Ochoa vs. Meggitt Safety Systems Inc
Tentative Ruling: Plaintiffs’ unopposed Motion for Final Approval of Class Action Settlement,
Class Representative Service Awards, and Attorney Fees is GRANTED.
As an initial matter, the Court finds that the material terms of the proposed class action settlement
are code-compliant and that the settlement should be entitled to a presumption of being fair,
adequate, and reasonable. (Cal. Rules of Court, rule 3.769, et seq.; Dunk v. Ford Motor Co. (1996)
48 Cal.App.4th 1794, 1802.) As to the PAGA settlement, the terms of the proposed settlement
fully comply with the procedural requirements of Labor Code, section 2699.
Class counsel’s requested attorney fees in the sum of $1,694,869.57 and litigation costs and
litigation costs in the sum of $63,779.28 are reasonable. Further, there is good cause for granting
the requested Plaintiffs’ enhancement award payments in the total sum of $22,500. Additionally,
Phoenix Settlement Administrators is awarded the requested $11,500 for its settlement
administration services provided.
The proposed order/judgment, which complies with California Rules of Court, rule 3.769(h), will
be signed on this date and forwarded to the Civil Department for processing, with the caveat that
the Court strikes the provision setting a non-appearance case review re: filing of a “final
disbursement declaration.” The Court makes the specific findings stated in the proposed
order/judgment.
Once the judgment is entered, Plaintiffs must ensure that notice of the judgment is provided by
the Settlement Administrator to all Class Members who have not opted out. Additionally, pursuant
to Labor Code section 2699, subdivision (l)(3), Plaintiffs’ counsel shall give notice of the judgment
to the LWDA within 10 days of the entry thereof.
Plaintiffs’ counsel is ordered to serve notice of the Court’s ruling.
Ruling
202100558557PRWT
Jul 25, 2024 |
Roger L. Lund
|
Court's Order to Show Cause Confirmation of Filing Petition for Final Distribution |
202100558557PRWT
SUPERIOR COURT OF CALIFORNIA
COUNTY OF VENTURA
Probate Notes
202100558557PRWT: In the Matter of James F. Downey
07/25/2024 in Department J6
Court's Order to Show Cause Confirmation of Filing Petition for Final Distribution
On 06/15/23 the court ordered a Petition For Final Distribution to be filed and
served on or before 05/23/24. The court also set this OSC re Confirmation of
Filing Petition for Final Distribution.
The Petition for Final Distribution has not been filed as of 07/23/24.
The court orders the mandatory appearance of Co-Executors Elizabeth Fehmel
and Julie Mankiewicz.
The court orders the mandatory appearance of attorney William C. George.
__________________
The Court uses Zoom exclusively for remote appearances in Department J6. For information on the Zoom
procedures, and for general information regarding Judge Lund and his courtroom rules and procedures, please visit:
http://www.judgerogerlund.com.
Ruling
2024PRTR025391
Jul 25, 2024 |
Roger L. Lund
|
Hearing on Petition Petition for Order Confirming Trust Asset |
2024PRTR025391
SUPERIOR COURT OF CALIFORNIA
COUNTY OF VENTURA
Probate Notes
2024PRTR025391: IN RE TJE STEVEN F SCHIFF SEPARATE PROPERTY
REVOCABLE TRUST
07/25/2024 in Department J6
Hearing on Petition Petition for Order Confirming Trust Asset
The Court intends to deny the petition. There is insufficient evidence that Steven
Schiff intended to place Merrill Lynch acct. no. 7BR-47N90 into his trust, as
opposed to another account numbered CMAM 220-1423. The same is true of
Merrill Lynch acct. no. 5K0-50B80, in addition to the fact that the tax documents
appear to show that acct. no. 5K0-50B80 was not owned by the settlor as of
9/18/15.
__________________
The Court uses Zoom exclusively for remote appearances in Department J6. For
information on the Zoom procedures, and for general information regarding
Judge Lund and his courtroom rules and procedures, please visit:
http://www.judgerogerlund.com.
Ruling
2023CUBC011826 THE BECKER GROUP INC vs SANG OK KANG
Jul 24, 2024 |
Jeffrey G. Bennett
|
Ex Parte Application for Motion to Set Aside Dismissal |
2023CUBC011826
SUPERIOR COURT OF CALIFORNIA
COUNTY OF VENTURA
Tentative Ruling
2023CUBC011826: THE BECKER GROUP INC vs SANG OK KANG
07/24/2024 in Department 21
Ex Parte Application for Motion to Set Aside Dismissal
The morning calendar in courtroom 21 will normally begin between 8:30 and 8:45 a.m. Please
arrive at the courtroom no later than 8:30 a.m. The door will be opened before the calendar is
called.
The Court allows appearances by CourtCall but is not equipped for Zoom. If appearing by
CourtCall, call in no later than 8:15 a.m. If you intend to appear by CourtCall, you must make
arrangements with CourtCall by 4:00 p.m. the day before your scheduled hearing. Requests for
approval of a CourtCall appearance made on the morning of the hearing will not be granted. No
exceptions will be made.
With respect to the tentative ruling below, no notice of intent to appear is required. If you wish to
submit on the tentative ruling you can fax notice to Judge Riley's secretary, Ms. Sedillos at
805-289-8705, stating that you submit on the tentative. You may also email the Court at:
Courtroom21@ventura.courts.ca.gov with all counsel copied on the email. Do not call in lieu of
sending a fax or email. If you submit on the tentative without appearing and the opposing party
appears, the hearing will be conducted in your absence. If you are the moving party and do not
communicate to the Court that you submit on the tentative or you do not appear at the hearing,
the Court may deny your motion irrespective of the tentative.
Unless stated otherwise at the hearing, if a formal order is not signed at the hearing, the
prevailing party shall prepare a proposed order and comply with CRC 3.1312 subdivisions (a),
(b), (d) and (e). The signed order shall be served on all parties and a proof of service filed with
the court. A "notice of ruling" in lieu of this procedure is not authorized.
Tentative Ruling
The Court takes Judicial Notice of its own files and finds:
• A Request for Entry of Default was filed by Plaintiff September 27, 2023;
• A Case Management Statement was filed by Plaintiff March 12, 2024;
• A Notice of Rejection was filed by the Court for a Request for Court Judgment and
Judgment by Default as it was missing supporting documents;
• The Plaintiff failed to appear at a Case Management Conference and OSC re failure to
file Proof of Service on March 22, 2024.
Calfornia Rule of Court 3.1206 states:
Parties appearing at the ex parte hearing must serve the ex parte application or any written
opposition on all other appearing parties at the first reasonable opportunity. Absent exceptional
circumstances, no hearing may be conducted unless such service has been made.
2023CUBC011826: THE BECKER GROUP INC vs SANG OK KANG
The Court finds no proof of service attached to the motion to vacate the dismissal.
Upon compliance with CRC 3.1206, The Dismissal will be vacated.
Ruling
2023CUPP012207 DONNA LEE vs TRADER JOE'S
Jul 25, 2024 |
Jeffrey G. Bennett
|
Motion to Set Aside/Vacate Dismissal For Relief from Involuntary Dismissal |
2023CUPP012207
SUPERIOR COURT OF CALIFORNIA
COUNTY OF VENTURA
Tentative Ruling
2023CUPP012207: DONNA LEE vs TRADER JOE'S
07/25/2024 in Department 21
Motion to Set Aside/Vacate Dismissal For Relief from Involuntary Dismissal
The morning calendar in courtroom 21 will normally begin between 8:30 and 8:45 a.m. Please
arrive at the courtroom no later than 8:30 a.m. The door will be opened before the calendar is
called.
The Court allows appearances by CourtCall but is not equipped for Zoom. If appearing by
CourtCall, call in no later than 8:15 a.m. If you intend to appear by CourtCall, you must make
arrangements with CourtCall by 4:00 p.m. the day before your scheduled hearing. Requests for
approval of a CourtCall appearance made on the morning of the hearing will not be granted. No
exceptions will be made.
With respect to the tentative ruling below, no notice of intent to appear is required. If you wish to
submit on the tentative ruling you can fax notice to Judge Riley's secretary, Ms. Sedillos at
805-289-8705, stating that you submit on the tentative. You may also email the Court at:
Courtroom21@ventura.courts.ca.gov with all counsel copied on the email. Do not call in lieu of
sending a fax or email. If you submit on the tentative without appearing and the opposing party
appears, the hearing will be conducted in your absence. If you are the moving party and do not
communicate to the Court that you submit on the tentative or you do not appear at the hearing,
the Court may deny your motion irrespective of the tentative.
Unless stated otherwise at the hearing, if a formal order is not signed at the hearing, the
prevailing party shall prepare a proposed order and comply with CRC 3.1312 subdivisions (a),
(b), (d) and (e). The signed order shall be served on all parties and a proof of service filed with
the court. A "notice of ruling" in lieu of this procedure is not authorized.
Tentative Ruling
The Court GRANTS Plaintiff Donna Lee’s unopposed Motion to Set Aside Dismissal.
Plaintiff’s counsel, Leonidas Nicol, establishes through his declaration the inadvertent fault of
his office to properly calendar the April 10, 2024, Case Management Conference/Order to Show
Cause, resulting in Plaintiff’s failure to appear, and the resulting May 10, 2024, Court’s Order to
Show Cause regarding Plaintiff’s failure to appear which resulted in the Court’s involuntary
dismissal of this action without prejudice.
The Court sets aside the May 10, 2024, dismissal of this action, and orders this case returned to
the civil active list.
2023CUPP012207: DONNA LEE vs TRADER JOE'S
Analysis
Pursuant to the statutory language of CCP section 473, a motion for mandatory relief must be
granted if: (i) it is brought within six months of entry of judgment; (ii) it is in proper form; (iii) it
is accompanied by an attorney’s sworn affidavit of fault; and (iv) the trial court makes no finding
that the default was not caused by the attorney’s mistake, inadvertence, surprise, or excusable
neglect. Where the requirements under the mandatory provisions of section 473, subdivision (b)
are met, the Court lacks discretion to deny relief. (See Carmel, Ltd. v. Tavoussi (2009) 175 Cal.
App. 4th 393, 399-400.) Under the mandatory provisions of section 473, subdivision (b),
“[r]elief is mandatory when a complying affidavit is filed, even if the attorney’s neglect was
inexcusable.” (Rodrigues v. Sup. Ct. (2005) 127 Cal.App.4th 1027, 1033.)
The mandatory relief provision of section 473, subdivision (b), based on an attorney’s affidavit
of fault, requires the court, if certain prerequisites are met, to vacate a “default,” a “default
judgment,” or a “dismissal.” (English v. IKON Business Solutions, Inc. (2001) 94 Cal.App.4th
130, 143.) In this context, the word “dismissal” is construed as having a limited meaning,
similar to the term “default judgment.” (Id. at p. 145.) In adding the word “dismissal” to the
mandatory provision of section 473, subdivision (b), “the Legislature ‘intended to reach only
those dismissals which occur through failure to oppose a dismissal motion—the only dismissals
which are procedurally equivalent to a default.’ [Citation.]” (English, at p. 145, italics added.)
“The range of attorney conduct for which relief can be granted in the mandatory provision is
broader than that in the discretionary provision, and includes ‘inexcusable’ neglect. But the range
of adverse litigation results from which relief can be granted is narrower.” (Leader v. Health
Industries of America, Inc. (2001) 89 Cal.App.4th 603, 616.) “By its express terms, the
mandatory relief provision applies only to defaults, default judgments, and dismissals.” (Huh v.
Wang (2007) 158 Cal.App.4th 1406, 1415.)