Judge William F. Highberger: Comprehensive Profile - Analytics, Rulings, and Recent Cases

20STCV07232 Mayoral v. Antelope Valley Fair Association

September 18, 2020 Tentative Ruling

Defense Motion for Sanctions Pursuant to C.C.P. §§ 128.5 and 128.7: Denied with no sanctions to either side.

Plaintiff sued Antelope Valley Fair Association by that name. He has also produced...

There are many serious problems with the motion papers filed May 27, 2020. It is denied without prejudice, and you are to resubmit a new motion package with the defects cured for hearing at some later date. There will be no appearances on June 22, 2020.

1. You rely on purported co-plaintiff/class r...

19STCP00925 Sandrew v. Project X Acquisition Corp.

December 19, 2019 Tentative Rulings

Demurrer: Sustain with leave to amend as to First through Fifth Causes of Action, overruled as to Sixth Cause of Action

Motion for Bond: Grant in full

Combined Discussion:

The Comp...

Tentative re OSC to Mr. Aumais and Girardi Firm re representation of pro per plaintiff Timothy Baker:For good cause shown in the response filed Sept. 17, 2019, the Court intends to discharge the OSC and not seek to appoint anyone else as court-appointed counsel for plaintiff.

Motion To Confirm Arbitration Award or, in the alternative, to Grant Final Approval to class settlement:As Updated @ 1:54 P.M.Subject to two questions noted below, the Court is now fine in concept with granting the alternative request that final approval be granted as to the settlement. I do not intend to ...

Re OSC to Mr. Aumais and Girardi Firm:See tentative posted under BC643365.

Continued Hearing on Motion To Approve PAGA Settlement: Grant in full With the supplemental filings on Sept. 24, 2019, all of the Court's concerns have been addressed. Feel free to appear via CourtCall.

Motion For Order To Release Money Deposited in lieu of Bond: Granted Notice is proper, good cause for the relief requested is shown, and no Opposition has been filed.

OSC re Default Judgment:The papers are generally in good order, and the Court is prepared to approve the Default Judgment on the terms sought with one issue: There is a discrepancy in Hugo Gamez Declaration as to the amount of time spent on the case. In paragraph 17 total hours of 25.5 are stated. Thereaft...

Three Motions To Compel: Grant in partService of the motions by mail was timely if the count starts with 16 court days from the May 7 service date and then 5 calendar days are added for mail service. Service of the motions by mail was not timely if one counts BACK from hearing date of June 4 by 16 court da...

Three Motions To Compel: Grant in partService of the motions by mail was timely if the count starts with 16 court days from the May 7 service date and then 5 calendar days are added for mail service. Service of the motions by mail was not timely if one counts BACK from hearing date of June 4 by 16 court da...

18STCV10280 IRDC v. Alvarez

May 28, 2019 Tentative

Plaintiff’s Motions To Compel Discovery And Deem Matters Admitted: Grant in part, denied in part

The relevant facts are the same for all three motions. After defendant was served with the summons & Complaint, plaintiff served defend...

BC678908 IRDC v. Mendez

March 5, 2019 Tentative

Plaintiff’s Motion For Attorney Fees: Denied as untimely

The Judgment supported by the written Stipulation for same was filed July 17, 2018. Per CRC 3.1702(b)(1), 8.104 and 8.108, prevailing plaintiff had 180 calendar days from entry o...

BC679373 IRDC v. Obergh

March 5, 2019 Tentative

Plaintiff’s Motion For Attorney Fees: Granted in part

The motion is timely, filed well within the applicable limits following entry of Judgment on September 19, 2018 since no formal Notice Of Entry Of Judgment was given in this case by...

BC678911 IRDC v. Cheng

March 5, 2019 Tentative

Plaintiff’s Motion For Attorney Fees: Denied as untimely

The Judgment supported by the written Stipulation for same was filed August 27, 2018. Plaintiff gave written Notice Of Entry Of Judgment on September 17, 2018, as confirmed by his...

BC678905 IRDC v. Rodriguez

March 5, 2019 Tentative

Plaintiff’s Motion For Attorney Fees: Granted in part

The motion is timely, filed well within the applicable limits following entry of Judgment on December 12, 2018. On the merits, the Court adopts some of Defendant’s arguments and ...

The hearing date is continued from Dec. 31, 2018 to Wednesday Jan. 2, 2019 at 10:15 a.m.

Trial date is Jan. 14, 2019. Discovery motion cut-off is therefore Sunday Dec. 30, extended to next working day Monday Dec. 31, 2018, so the motion is timely. The further continuance of the hearing day for the ...

Hearing on Motion trailed to Wednesday Jan. 2, 2019 at 10 a.m. in Dept. SS10.On merits, court intends to deny for reasons set forth in Opposition and Defense Attorney Cajina's Declaration. Defendant's discovery responses were served in late June 2018, and this motion was not brought until 120 days or more ...

Ramessar v. Nationwide Protective Services, Inc., BC690781

Court’s Tentative Ruling on Defendant’s Motion for Sanctions (Code Civ. Proc., § 128.5)

The Court has jurisdiction to hear the motion even though the underlying claims have been dismissed. Cf. Eichenbaum v. Alon (2003) 106 Cal.App.4...

Demurrer: OverruleThe factual allegations re lack of bond are sufficient. AB638 did not pass and plaintiff has a legal right to bring this suit under preexisting, still operative law.Anti-SLAPP Motion: Denied with fees and costs awarded to prevailing plaintiff per C.C.P. sec. 425.16(c)(1). The motion was u...

Case Number: BC678919 Hearing Date: September 20, 2018 Dept: 10

Demurrer: OverruleThe factual allegations re lack of bond are sufficient. AB638 did not pass and plaintiff has a legal right to bring this suit under preexisting, still operative law.Anti-SLAPP Motion: Denied with fees and costs awarde...

Demurrer: OverruleThe factual allegations re lack of bond are sufficient, and there is more pled. AB638 did not pass and plaintiff has a legal right to bring this suit under preexisting, still operative law.Anti-SLAPP Motion: Denied with fees and costs awarded to prevailing plaintiff per C.C.P. sec. 425.16...

Demurrer: OverruleThe factual allegations re lack of bond are sufficient and there is more than that pled. AB638 did not pass and plaintiff has a legal right to bring this suit under preexisting, still operative law.Anti-SLAPP Motion: Denied with fees and costs awarded to prevailing plaintiff per C.C.P. se...

Tentative re Demurrer:Overrule as to 1st C/A and class allegationsSustain with leave to amend as to 2nd C/A and 3rd C/A. Paragraph 11 and 31 too conclusory as to pleading of UCL injury. Paragraph 34 does not plead theory in Opposition brief that contract should have continued such that this is a Declarator...