Judge Daniel A. Ottolia: Comprehensive Profile - Analytics, Rulings, and Recent Cases

GRANT Defendant’s Request for Judicial Notice. OVERRULE Plaintiff’s evidentiary objections. Decline to rule on Defendant’s evidentiary objections because the evidence to which Defendant objects is not material to the court’s ruling. DENY the Motion for Summary Judgment/Summary Adjudication. Plaintiff Otila...

Hearing required.

Grant. First Amended Complaint deemed filed and served 8-30-21.

Grant.

Grant. Case is Ordered back on the court’s Civil Active list. Matter is set for Case Management Conference on October 28, 2021, 8:30am, D-4. Plaintiff to give Notice.

Deny. Plaintiff is ordered to pay monetary sanctions in the amount of $720 (4hrs. at $180 per hr) to Defense counsel within 15 days. Plaintiff is further Ordered to appear for the independent medical exam on the date and time agreed to by the parties (9-9-21)

Grant. Plaintiff is Ordered to fully comply with the court’s January 20, 2021, Discovery Order within 15 days. Prospective Sanctions of $100 per day against Plaintiff and Plaintiff’s counsel are granted for non-compliance beginning on 9-10-21.

Motion continued to November 4, 2021, 8:30am, D-4. Case Management Conference continued to November 4, 2021,8:30am, D-4.

Moot.

Deny. Petitioner is not the prevailing party. To be successful, a party must achieve its litigation objectives. Tuthill v. City of San Buenaventura (2014) 223 Cal. App. 4th 1081, 1094. A success on a procedural or technical issue does not make a party the prevailing party. Karuk Tribe of Northern Californi...

Plaintiff’s request for a continuance is Denied. As to Jorge and Armando Sanchez’s Objections to the Declaration of Jeffrey Hughes: Overrule Nos.1 and 4, Sustain Nos.2,3,5 and 6. Objections to the Declaration of Anthony Werbin: Sustain Nos. 1,2,3. Objection to the Declaration of Eris J. Barillas: Overrule,...

Motion continued to 9-1-21, 8:30 am, D-4.

Continue to 8-25-21, 8:30am, D-4.

Grant as to Requests 68, 72, and 73. The Wired article focuses on self-checkout kiosk issues which do not apply to the case at bar and are not relevant to Plaintiff’s termination (Request 68). Request 72 seeks documents that are protected by the trade secret privilege. Request 73 seeks pleadings from a fed...

Deny. Defendant Perris Holding Company is in default, and therefore, does not have standing to bring the present Motion, and, in any event, the City of Perris is the prevailing party since it achieved its primary litigation goal of abating the public nuisance and preventing the operation of the marijuana d...

Grant.

GRANT. Request for Judicial Notice is Granted. The claims in JLL’s proposed cross-complaint are based on the General Services Agreement (GSA) between JLL and Bank of America, which is also the basis of Bank of America’s claims against JLL in its cross-complaint against JLL. The claims in JLL’s cross-compla...

Grant.

Grant.

Grant Defendant’s Request for Judicial Notice as to Exhibits A-D, Deny as to E and F. Grant Motion in the reduced amount of $202,207.46 ($194,985 in attorney’s fees and $7,222.46 in prejudgment interest) Plaintiff is the prevailing party (Plaintiff substantially obtained the relief sought and recovered gre...

Grant. Defendant’s proposed method of severance and trial sequencing is reasonable and results in the most efficient use of judicial resources.

Hearing Required.

Grant. CMC continued to 8-5-21, 8:30am, D-4

Continued to 9-24-21, 8:30am, D-4.