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Mar 03, 2009 Judge William Liebmann | Ventura County
The Court determines that there is no prevailing party in this action for attorney fee purposes under Civil Code §1717. The trial in this matter resulted in no substantial victory for either party on contract claims.
The Court will deny the plaintiffs motion for attorney and expert fees. However, the C... -
Dec 30, 2008 Judge William Liebmann | Ventura County
GRANT Plaintiff Keystone National Association's Application for a Writ of Attachment as to the 2006 Ski Centurion Elite V-DR, the 2006 Mercruiser Black Scorpion and the 2006 V/M G Series boat trailer. These watercraft/ vehicles were purchased by defendants Charles Edward Leland and Sondra Leland, pursuant ...
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Dec 30, 2008 Judge William Liebmann | Ventura County
GRANT attorney Michael J. Goldfarb's motion to be relieved as counsel for defendant Don Ferre General Contractor, Inc. CRC Rule 3.1362.
Counsel Mr. Goldfarb is to prepare and serve an order within 10 days of this hearing that advises this client in writing that the trial is set for 4/27/09 at 10:00 a.m.... -
Dec 30, 2008 Judge William Liebmann | Ventura County
GRANT Petition of National Credit Acceptance Inc. for an order confirming the August 12, 2005 Arbitration Award in its favor and against respondent Peter Giouzelis.
1. Petitioner is the assignee of a credit card agreement between Mr. Giouzelis and First North American National Bank. Mr. Giouzelis failed... -
Dec 30, 2008 Judge William Liebmann | Ventura County
Re: Plaintiff Reyes Demurrer to the Answer filed by Defendant Los Robles Hospital and Medical Center
1. OVERRULE the demurrer to affirmative defenses number 1 (failure to state a cause of action), number 2 (contributory negligence), numbers 4, 5 and 6 (MICRA defenses pursuant to Civil Code §§ 3333.1 and... -
Dec 23, 2008 Judge William Liebmann | Ventura County
The Court will GRANT minor's petition for name change from Brooke Angeline Branch to Brooke Christina Branch. (Code Civ. Proc., §§ 1276, 1278.)
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Dec 23, 2008 Judge William Liebmann | Ventura County
Unless Defendant Robert Michael Galotti, Jr. provides proof that he has served responses in substantial complaince with CCP§2033.220, the Court will GRANT Plaintiff Springfield, Inc.'s motion to have truth of the matters specified in its requests for admissions (set one) be deemed admitted.(§ 2033.280.)
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Dec 23, 2008 Ventura County
The Court will GRANT Plaintiff Leaf Financial Corp.'s motion to compel the deposition attendance of Defendant John Martin Reeves. (C.C.P. § 2025.450.) Defendant will be ordered to appear at plaintiff's counsel's office to answer questions posed to him. The date and time of the deposition will be establishe...
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Dec 23, 2008 Judge William Liebmann | Ventura County
Upon proof of publication, the Court will GRANT the petition for change of name.C.C.P. § 1275 et seq.
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Dec 19, 2008 Judge William Liebmann | Ventura County
The Court will take the demurrer filed by Cross-defendant Thomas Clark off calendar as moot. On December 10, 2008, Cross-complainant Martha Martinez Spencer filed a first-amended cross-complaint, and thus, the cross-complaint demurred to is no longer the operative pleading.
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Dec 19, 2008 Ventura County
The Court will:
(i) Grant Plaintiff BTB's request that Retired Superior Court Judge Joe Hadden be appointed as the arbitrator, on the ground that uncontroverted evidence indicates that the parties agreed to the selection of Judge Hadden as the arbitrator.
(ii) Deny Plaintiff's request for an order se... -
Dec 19, 2008 Judge William Liebmann | Ventura County
The Court will either deny without prejudice or continue Plaintiffs' Motion to Set Aside and Vacate Dismissal on the grounds it was not properly noticed. Pursuant to CCP section 1005, sixteen court days' notice is required plus an additional five days for mailing. Plaintiffs served their motion on Nov. 26,...
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Dec 18, 2008 Judge William Liebmann | Ventura County
The Court will give judgment debtor Mike Wells an opportunity to present evidence that $ 2,164.36 of levied funds in his Westcom Credit Union account and $ 207.51 in his Wells Fargo account can be traced to his paid earnings. (Code Civ. Proc., § 704.070, subd. (b).)
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Dec 18, 2008 Judge William Liebmann | Ventura County
The Court will GRANT plaintiff Chase Bank USA, N.A.'s motion for summary judgment. Plaintiff, as moving party, has established each element of its causes of action for breach of contract and open book account. Accordingly, plaintiff has met its burden in establishing that there is no defense to this action...
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Dec 18, 2008 Judge William Liebmann | Ventura County
The Court will GRANT the application of Bruce D. Meller to appear as counsel pro hac vice for Plaintiff/Cross-Defendant Turner Construction Company. (CRC Rule 9.40)
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Dec 17, 2008 Judge William Liebmann | Ventura County
The Court will GRANT Defendants HBW Insurance & Financial Services, Inc.'s, Dominique Moore's, Terry Kennedy's, Gabriel Paredes', Jaime Paredes', Jeff Crawford's, and James Crawford's request for an order staying the depositions of Dan Ward, Lisa Mann, and Joe Bonanno pending Moving Defendants' appeal of t...
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Dec 17, 2008 Judge William Liebmann | Ventura County
The Court will DENY Defendants Sherri Renee Runkle and Dale Runkle's motion to dismiss Plaintiffs Ryan Chaleff and Karen Knight's complaint on the ground that the moving parties cite no authority which establishes that the Court has the power to grant the request. This motion is essentially a disguised Mot...
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Dec 16, 2008 Judge William Liebmann | Ventura County
The Court will deny Plaintiff GMAC, LLC's application for writ of possession without prejudice on the grounds that (i) Plaintiff fails to demonstrate service of the Summons, Complaint, Application, Notice of Application and Hearing on Defendant Darlene Thompson, as required by Code of Civil Procedure § 512...
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Dec 16, 2008 Judge William Liebmann | Ventura County
The Court will:
(a) DENY Defendants Chase Home Finance, LLC and U.S. Bank National Association, as Trustee for UBS Warburg (Master Backed Securities Trust 2003-WMC2)'s request for judicial notice of the documents attached thereto, as unnecessary. (Navellier v. Sletten (2002) 29 Cal.4th 82, 87, fn. 5.) -
Dec 12, 2008 Judge William Liebmann | Ventura County
The Court will either take off calendar or continue the hearing to give Petitioner FIA Card Services, N.A. an opportunity to serve Respondent Evan C. Ang in accordance with Code of Civil Procedure section 1290.4, subdivision (b)(1).
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Dec 11, 2008 Judge William Liebmann | Ventura County
The Court will GRANT Plaintiff Christopher Ferguson's motion for attorney's fees and award Plaintiff reasonable attorney's fees of $ 3,850.00.
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Dec 10, 2008 Judge William Liebmann | Ventura County
The Court will deny Defendants and Cross-complainants Ronald and Marleena Reiser's motion to sever and bifurcate the trial on grounds that the purported legal issues require determination of numberous facts.
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Dec 09, 2008 Judge William Liebmann | Ventura County
The Court intends to DENY petitioner FIA Card Services, N.A.'s Petition to Confirm Arbitration Award. The proof of service in the court file shows that the Notice of Hearing on the Petition to Confirm Arbitration Award was served on the respondent by mail. However, personal service is required by CCP § 129...
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Dec 09, 2008 Judge William Liebmann | Ventura County
The Court will:
(i)Grant Petitioner National Credit Acceptance, Inc.'s Petition for an order confirming the April 13, 2006 arbitration award in favor of Petitioner and against Respondent Jacqueli Maddox and enter judgment in conformity with the award in favor of Petitioner and against Respondent in the ...
