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JG WENTWORTH ORIGINATIONS LLC VS DAVIS

Tentative Ruling on Petition for Transfer of Structured Settlement Payment Rights JG Wentworth Originations LLC v. Davis, Case No. 2020-09974 August 7, 2020, 1:30 p.m., Dept. 72 1. Overview and Procedural Posture. This is a verified petition seeking court approval of an agreement between petitioner J.G. Wentworth Originations, LLC and M...

  • Hearing

    Aug 03, 2020

  • Type

    Other

  • Sub Type

    Intellectual Property

VELAZQUEZ VS CVS PHARMACY INC

Tentative Ruling on Demurrer to Complaint Velazquez v. CVS Pharmacy, Case No. 2019-46037 August 7, 2020, 1:30 p.m., Dept. 72* 1. Overview and Procedural Posture. This limited jurisdiction case arises out of plaintiff's attempt to have a prescription filled at an unnamed CVS pharmacy in an unnamed location. He alleges that even thoug...

  • Hearing

    Aug 03, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

VELAZQUEZ VS CVS PHARMACY INC

Tentative Ruling on Demurrer to Complaint Velazquez v. CVS Pharmacy, Case No. 2019-46037 August 7, 2020, 1:30 p.m., Dept. 72* 1. Overview and Procedural Posture. This limited jurisdiction case arises out of plaintiff's attempt to have a prescription filled at an unnamed CVS pharmacy in an unnamed location. He alleges that even thoug...

  • Hearing

    Aug 03, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

ANNICHARICO VS PALUMBO

Plaintiff's motion for leave to file a second amended complaint is denied in light of the Court's ruling on Plaintiff's motion for new trial....

  • Hearing

    Jul 31, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

ANNICHARICO VS PALUMBO

Plaintiff's motion for new trial, reconsideration or relief pursuant to CCP § 473 is denied. As to Defendant Kimberley Palumbo ("Kimberley"), the motion for summary judgment was granted on two grounds: (1) insufficient facts pled in the first amended complaint and (2) no triable issue of material facts as to any alleged wrongdoing by her. While the...

  • Hearing

    Jul 31, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

ALBERTINI VS. ACEBO

Plaintiffs/cross-defendants Gregory Albertini and Catherine Albertini's motion to tax costs is granted. On February 14, 2020, a jury returned a verdict in favor of the defendants/cross-complainants Anne Acebo and Jesse Houlihan in the amount of $500,000. On June 5, 2020, defendants/cross-complainants filed a costs memo seeking to recover costs in t...

  • Hearing

    Jul 30, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

LIN VS TRILOGY HOMEOWNERS ASSOCIATION

TENTATIVE RULING Susan Lin's ("plaintiff") motion for attorneys' fees and costs is GRANTED IN PART and DENIED IN PART. Background On October 1, 2019, the plaintiff accepted Trilogy Homeowners Association's ("HOA") Offer to Compromise pursuant to California Code of Civil Procedure Section 998 ("998 Offer"). ROA # 27 [stipulation to exten...

  • Hearing

    Jul 30, 2020

  • Type

    Contract

  • Sub Type

    Breach

KRUEGER VS HUMPHREY

TENTATIVE RULING: Plaintiff's UNOPPOSED Motion for an Order Reinstating the Captioned Case is GRANTED. Failure to file an opposition to the motion indicates defendants' acquiescence that the motion is meritorious. (California Rules of Court, Rule 8.54(c).)...

  • Hearing

    Jul 30, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Auto

STANTON VS MARRIOTT INTERNATIONAL INC

(1) DEMURRER TO PLAINTIFF'S SECOND AMENDED COMPLAINT by defendant Starwood Operator II, LLC is SUSTAINED, without leave to amend. The demurrer for failure to state facts as to the first cause of action for battery is sustained. Plaintiff continues to allege conclusions instead of facts to show an intent to harm him. (See, Carlsen v. Koivumaki (...

  • Hearing

    Jul 30, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

YES ONLINE INC VS EXCLUSIVE GLOBAL LOGISTICS INC

There are three matters presently on-calendar in this matter: (1) a Motion for Summary Judgment brought by defendant/cross-complainant Exclusive Global Logistics, Inc., (2) a Demurrer to Cross-Complaint brought by plaintiff/cross-defendant Yes Online Inc., and (3) a Motion for Sanctions for Violation of CCP § 128.7 brought by plaintiff/cros...

  • Hearing

    Jul 30, 2020

  • Type

    Contract

  • Sub Type

    Breach

CAMPBELL VS REISS RACING

Attorney Paul J. Leeds' motion to be relieved as counsel for defendants Reiss Racing & Restoration and Reiss/Kimble, LLC is granted as to Reiss/Kimble, LLC. As to defendant Reiss Racing & Restoration (RR&R), it appears that RR&R is a sole proprietorship of defendant Geroge Reiss. Since George Reiss has filed a substitution of counsel by which he is...

  • Hearing

    Jul 30, 2020

  • Type

    Contract

  • Sub Type

    Breach

KLAHN VS CHDS INC [E-FILE]

MOTION FOR DISMISSAL OF CLASS ACTION ALLEGATIONS WITHOUT PREJUDICE by plaintiff Joseph Klahn is GRANTED. (CRC Rule 3.770(a); Labor Code § 2699(l)(2)) When a plaintiff sues on behalf of a class, he assumes a fiduciary obligation to the members of the class, surrendering any right to compromise the group action in return for an individual gain. E...

  • Hearing

    Jul 30, 2020

  • Type

    Employment

  • Sub Type

    Other Employment

HANSON AGGREGATES PACIFIC SOUTHWEST LLC VS. EUGENE J CASTIGLIONE TRUSTEE OF THE EUGENE J CASTIGLIONE FAMILY TRUST 02-09-04 [IMAGED[]

This tentative ruling is issued by Judge Jeffrey Barton who will be presiding in Department 65 on July 31, 2020. Judge Barton discloses that he was a partner in Lewis, D'Amato, Brisbois & Bisgaard almost 20 years ago prior to his appointment to the bench. He has no ongoing professional or social relationship and this disclosure is given out of ...

  • Hearing

    Jul 30, 2020

  • Type

    Real Property

  • Sub Type

    other

PELTO FAMILY TRUST VS BLUE SKY CAPITAL

TENTATIVE RULING Plaintiffs' unopposed motion for leave to file an amended complaint is granted. Although plaintiffs titled their motion as seeking leave to file a "fifth" amended complaint, the proposed pleading constitutes the sixth amended complaint as a fifth amended complaint is already on file. ROA # 353. The proposed amendment to the com...

  • Hearing

    Jul 30, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

ESCROW INSTITUTE OF CALIFORNIA VS EGAN

The matter shall be heard at oral argument. No tentative ruling will be issued....

  • Hearing

    Jul 30, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Fraud

ESPINOZA VS DIVINO PLASTIC SURGERY INC

TENTATIVE RULING Defendant Heather Lang, R.N.'s unopposed demurrer to the third cause of action for dependent adult abuse (neglect) is sustained to the fourth cause of action for intentional misrepresentation, the fifth cause of action for promissory fraud, the sixth cause of action for negligent misrepresentation, and the seventh cause of acti...

  • Hearing

    Jul 30, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Medical Malpractice

NAMVAR VS SAKOFSKY

Defendant Steve Sakofsky's unopposed Motion to Dismiss is GRANTED. As requested, the Court orders the lawsuit dismissed with prejudice. The Court further authorizes and directs the disbursement of funds held after the sale of real property as specified in the motion. The Court orders the identified partnerships are each dissolved, wound up and term...

  • Hearing

    Jul 30, 2020

  • Type

    Contract

  • Sub Type

    Breach

YES ONLINE INC VS EXCLUSIVE GLOBAL LOGISTICS INC

There are three matters presently on-calendar in this matter: (1) a Motion for Summary Judgment brought by defendant/cross-complainant Exclusive Global Logistics, Inc., (2) a Demurrer to Cross-Complaint brought by plaintiff/cross-defendant Yes Online Inc., and (3) a Motion for Sanctions for Violation of CCP § 128.7 brought by plaintiff/cros...

  • Hearing

    Jul 30, 2020

  • Type

    Contract

  • Sub Type

    Breach

WELLS FARGO BANK NA VS HUYNH

TENTATIVE RULING It appears that under the Consumer Credit Card Customer Agreement & Disclosure Statement, "[f]ederal law and the laws of South Dakota govern this Agreement and your account." Sican Decl., Exh. B at p.8 [ROA #14]. The Court would like to hear the impact, if any, of this provision on the plaintiff's motion for summary judgment/su...

  • Hearing

    Jul 30, 2020

  • Type

    Collections

  • Sub Type

    Collections

SHUJUN QIU VS THREE RIVERS PROVIDER NETWORK INC

Plaintiff Shujun Qui brings this motion for an award of attorney's fees and costs, pursuant to Gov.C. §12965 and Labor Code §218.5. Plaintiff is the prevailing party in this matter. As such, plaintiff is entitled to recover her reasonable attorney's fees. Plaintiff seeks an award of attorney fees and costs in the amount of $2,352,105.00. This f...

  • Hearing

    Jul 30, 2020

  • Type

    Employment

  • Sub Type

    Wrongful Term

LASER VS CORPORAL BUILDING SERVICES

This motion is unopposed. The court grants the motion and orders further verified responses and the production of responsive documents no later than August 14, 2020. The court orders sanctions against Gregory Laser and his attorney Stephen Lobbin in the sum of $3,600 as there was no time spent reviewing opposition papers, etc....

  • Hearing

    Jul 30, 2020

  • Type

    Contract

  • Sub Type

    Breach

V&C INVESTMENT LLC VS FUSION HOSPITALITY CORPORATION

TENTATIVE RULING: (1) Plaintiffs' Application for Right to Attach Order and Writ of Attachment Against Defendant Denny Bhakta and (2) Plaintiffs' Application for Right to Attach Order and Writ of Attachment Against Defendant Fusion Hospitality Corporation are GRANTED, in part. The Court must grant the attachment if it finds all of the following: ...

  • Hearing

    Jul 30, 2020

  • Type

    Contract

  • Sub Type

    Breach

PETITION OF MEDIMPACT HEALTHCARE SYSTEMS INC

Tentative Ruling on Motion for Preliminary Injunction MedImpact Healthcare Systems v. Dept. of Health Care Services, Case No. 2020-07154 July 31, 2020, 1:30 p.m., Dept. 72 1. Overview and Procedural Posture. This is an action for traditional mandamus pursuant to CCP section 1085. Reduced to its essence, the case is a bid contest. Petiti...

  • Hearing

    Jul 30, 2020

  • Type

    Administrative

  • Sub Type

    Writ

MITCHELL VS THE TAUNTON PRESS INC [E-FILE]

This tentative ruling is issued by Judge Jeffrey Barton who will be presiding in Department 65 on July 31, 2020. Plaintiff's Motion for Preliminary Approval of Class Action Settlement is DENIED. (ROA 46.) The court has now reviewed Plaintiff's Supplemental Brief in support of his motion. The supplemental brief now provides further information r...

  • Hearing

    Jul 30, 2020

  • Type

    Business

  • Sub Type

    Intellectual Property

KROZOS VS FRESENIUS HEALTH PARTNERS INC

TENTATIVE RULING: Defendants Fresenius Health Partners, Inc., Fresenius Medical Care Pharmacy Services, Inc., and San Diego Dialysis Services, Inc.'s Demurrer to First Amended Complaint is SUSTAINED without leave to amend. Defendants Fresenius Health Partners, Inc., Fresenius Medical Care Pharmacy Services, Inc., and San Diego Dialysis Services...

  • Hearing

    Jul 30, 2020

  • Type

    Employment

  • Sub Type

    Other Employment

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