Judge Richard E. L. Strauss (Retired): Comprehensive Profile - Analytics, Rulings, and Recent Cases

Defendant Henry's Trailers' Demurrer to the Complaint is sustained in part and overruled in part.

To the extent the demurrer challenges the first cause of action for fraud in the inducement, it is sustained with leave to amend. " 'A party claiming fraud must plead facts which show how, when, where,...

Attorney Karen Frostrom's unopposed Motion to Be Relieved as Counsel for Defendant Ziobron, et al. is denied without prejudice. Counsel has not provided a reasonable basis to be relieved.

The motion for approval of the PAGA settlement is ordered off-calendar. Moving papers were not timely filed.

Counsel Douglas Geyman's Motion to be Relieved as Counsel is denied without prejudice. The motion was not timely served. (CCP § 1005.) The motion was served by mail on August 17, 2021, which is less than 16 court days plus five for mailing prior to the instant hearing date. Personal service was not properl...

Assignee Cal-West Equities' Motion for Earnings Withhold Order is denied without prejudice. There is no admissible evidence before the court which supports this request.

Cross-Defendant Del Sur TC, LLC's Motion for Judgment on the Pleadings as to the Entire Cross-Complaint is granted. The Cross-Complaint fails to state any of the causes of action alleged. The court will hear from the parties as to whether leave to amend should be granted.

Petitioner J.G. Wentworth, LLC's Petition for Approval for Transfer of Payment Rights is denied without prejudice. As a preliminary matter, no declaration from Jose Flores Azhocar was filed which supports the petition. In addition, the court previously advised the moving party that an amended petition was ...

Proposed Intervenor California Taxpayers Action Network's ("CTAN") Motion to Vacate Judgment is denied. CTAN has not established that it has standing to vacate the judgment, that the motion is timely or any legal basis for vacating the judgment.

Plaintiff Joyce Ervin's Motion to Compel Further Responses to Interrogatories Nos. 1-2 and Demand for Inspection No. 1 and for Production of Documents by Dr. Leonard's Healthcare Corp. is granted in part and denied in part.

The motion is granted as to Interrogatory No. 1 and Demand for Production N...

Defendant Inci Narin's Demurrer to Plaintiff's Second Amended Complaint is overruled in part and sustained in part.

The demurrer to the second cause of action for intentional misrepresentation is overruled. " 'A party claiming fraud must plead facts which show how, when, where, to whom, and by what...

Defendant Up N Down Scaffolding, Inc.'s Motion for Summary Judgment is denied. A defendant moving for summary judgment has met his or her burden of showing a cause of action has no merit if the defendant can show one or more elements of the plaintiff's cause of action cannot be established. (Code Civ. Proc...

Defendant Bird Rides, Inc.'s Motion to Compel Arbitration and Stay Pending Action is granted. The court finds there is a valid agreement to arbitrate the claims alleged and that Defendant has standing to seek arbitration. Plaintiff has not met her burden that to establish there is a risk of inconsistent ru...

Plaintiff Michael Slater's Motion to Amend Complaint to Substitute Doe Defendants is granted. Plaintiff shall file the proposed amended complaint within five days.

Attorney Joshua Poulsen's unopposed Motion to Be Relieved as Counsel for Plaintiff Nancy Hamilton is conditionally granted. The order will be effective upon the filing of the proof of service of the signed order on the client. Counsel is directed to provide a completed proposed order for the court's signat...

Pursuant to CCP Section 639, the court in its discretion and finds that it is necessary to appoint a discovery referee to hear and determine any and all discovery motions in this action. A discovery referee is appropriate because of the multiple issues to be resolved, multiple discovery motions are being s...

Defendant Pinnacle Hotels USA, Inc.'s Motion for Summary Judgment or, in the alternative, Summary Adjudication of Issues is denied.

A defendant moving for summary judgment has met his or her burden of showing a cause of action has no merit if the defendant can show one or more elements of the plain...

Plaintiff Sandy Hanby's Motion to Consolidate is denied. The court does not find that the two cases sought to be consolidated involve common questions of law or fact nor that consolidation would tend to avoid unnecessary costs or delays.

Plaintiffs' unopposed Motion for Approval of Private Attorneys General Act (PAGA) Settlement is granted in part.

The court approves the breakdown of fees and costs as presented by counsel with the exception of the enhancement award which is denied. Plaintiff has not sufficiently established legal a...

Plaintiff Portfolio Recovery Services' unopposed Motion for Order Deeming Admissions Admitted is granted. The Requests for Admission are deemed admitted.

No tentative ruling. The court will hear from the parties as to Plaintiff's capacity to pursue this action or whether a guardian ad litem should be appointed. (CCP § 372(a).)

Defendant Southern Indian Health Council's Motion for Judgment on the Pleadings is denied. As a preliminary matter, Defendant's requests for judicial notice are granted as to requests No. 1. The requests are denied as to Nos. 2 through 5. (ROA #74.) Since the motion is premised on the court taking judicial...

Defendant Sheila Connor's Special Motion to Strike Portions of Verified First Amended Complaint under Anti-SLAPP Statute is denied.

One of the underlying purposes of the anti-SLAPP statue is to resolve lawsuits early. (Newport Harbor Ventures, LLC v. Morris Cerulla World Evangelism (2018) 4 Cal.5th...

Defendants NB Baker Electric, Inc. and Sunlight Financial, LLC's Motion for Determination of Good Faith Settlement is granted with modification. The motion is granted however the provision in the proposed order dismissing Defendants with prejudice is stricken.

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Counsel Frank Pabst's Motion to be Relieved as Counsel is denied without prejudice. Counsel filed the notice of motion to be relieved but did not file the required form declaration which, among other requirements, confirms the client's address. In addition, the motion was not timely filed or served. (CCP §...