Tuesday, January 14, 2025
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Courtroom 43 - Honorable Judge Benjamin F. Coats

Courtroom 43 - Civil Trials, Law & Motion

Law & Motion Matters and Hearing Calendar for Law & Motion

Absent unusual circumstances, Judge Coats will begin the law and motion calendar in Courtroom 43 at 8:45 a.m. Please check in with the courtroom clerk when the doors open at that time. If appearing by Zoom or CourtCall please check in before 8:20 a.m. The Court often publishes tentative decisions on law and motion matters at the end of the day prior to the hearing date. Please check the "Courtroom 43 Tentative Rulings" section below to see if a tentative decision has been published on your matter.

If you would like to submit on a tentative decision, you must send an email notifying the court and opposing counsel of your decision to submit without making an appearance. Please note: if you submit on a tentative decision and another party appears, the hearing will proceed in your absence. If all parties advise the Court that they submit on the tentative ruling, the Court will adopt the tentative and no appearance is required. Email submissions should be sent to the Court at: Courtroom43@ventura.courts.ca.gov with all parties copied on the email. In the alternative, you may send a fax to Judge Coats's secretary, Hellmi McIntyre at 805-477-5894, with copies to all parties.

REMOTE APPEARANCES IN COURTROOM 43:

IMPORTANT ANNOUNCEMENT - ZOOM WILL BE AVAILABLE BEGINNING JULY 1, 2024.
TO APPEAR REMOTELY BY ZOOM YOU MUST FOLLOW THESE INSTRUCTIONS.

Pursuant to Code of Civil Procedure sections 128 and 367.75, and in the interests of convenience and economy, Judge Coats allows all attorneys and parties who appear for most proceedings calendared in Courtroom 43 to do so remotely by Court Call or Zoom in lieu of appearing in person. The parties may appear remotely by Zoom or Court Call for Zoom appearances, all counsel appearing by Zoom must email the court at Courtroom43@ventura.courts.ca.gov with a simultaneous copy to all other counsel/self-represented parties no later than 3:00 p.m. the court day before the hearing. INCLUDE THE PHRASE "ZOOM APPEARANCE ON (DATE OF HEARING)" IN THE SUBJECT LINE OF YOUR EMAIL. The email must identify the person who will make the appearance. You will receive the login information for your appearance in reply to your email. If appearing by Zoom, log into the hearing no later than 8:30 a.m. The Court will transfer you to the hearing room when your matter is called. Please make sure that the name that is seen on Zoom is the name (first and last) of the attorney making the appearance, along with the abbreviated case name (i.e., "Jones v Smith"). IF YOU DO NOT FOLLOW THESE INSTRUCTIONS, YOU WILL NOT BE PERMITTED TO APPEAR BY ZOOM AT THE HEARING.

REMOTE APPEARANCE BY ZOOM IS FORBIDDEN UNLESS THE ABOVE PROCEDURE IS FOLLOWED.
VIOLATIONS OF THIS ORDER MAY RESULT IN MONETARY SANCTIONS.

To appear by Court Call, visit www.courtcall.com or call 888-882-6878. Court Call registrations close by 4:00 p.m. the court day before the hearing (excluding weekends and court holidays).

Parties may appear by Zoom or Court Call for all calendar matters, including law and motion, minor's compromise, ex parte, Status Conference, Case Management Conference, and Trial Setting Conference hearings, unless a personal appearance is ordered by the Court. Judge Coats permits default prove-up hearings, some court trials (attorneys must appear in person) and other evidentiary hearings to be conducted by Zoom with leave of the Court by noticed motion or stipulation of the parties upon a request made by email to Courtroom43@ventura.courts.ca.gov not later than 30 days before the hearing or otherwise by order of Judge Coats.

Any request for a witness to testify by Zoom in a jury trial must be by stipulation of the parties, or by order of the Court, not later than 30 days before the trial or otherwise with leave of the Court.

All those appearing by Zoom shall comply with the following orders: (1) participants shall be dressed in business attire appropriate to the formality of the courtroom; (2) participants may not use virtual backgrounds; (3) participants shall be in a private, quiet location devoid of distractions, including loud noises; (4) participants shall not be driving an automobile or otherwise engaged in any activity which distracts from the ability of participants to focus on the court proceeding; (5) participants shall not use any filters or graphics which modify or alter the video image or voices of the participants; (6), participants shall behave in a manner consistent with proper courtroom decorum at all times; (7) if a participant is observing only and not permitted to speak during the hearing, then the participant shall mute their audio and turn off their video during the hearing unless otherwise directed by the Court; and (8) participants must ensure they have reliable internet access which provides uninterrupted audio and video connection during the Zoom proceeding. PLEASE NOTE: A willful or intentional violation of any of these orders may be punished by a monetary sanction pursuant to Code of Civil Procedure section 177.5, or by contempt of court, which may result in a fine of $1,000 or confinement in jail for up to five days for each violation.

All emails to the Courtroom 43 address must be simultaneously copied to all other attorneys or self-represented parties appearing in the action. Judge Coats will not respond to communications sent to the Courtroom 43 email address.

Courtroom 43 Tentative Rulings

Case Number Event Type Event Date/Time Department Document
202300576193CUPA Motion for Judgment on the Pleadings for Nationwide Insurance Company of America 1/13/2025 8:20 AM 43 Tentative
2023CUOR007893 Motion for Sanctions 1/9/2025 8:20 AM 43 Tentative
2024CUBC029803 Motion to Allow for Discovery of Evidence of Defendants' Financial Condition 1/14/2025 8:20 AM 43 Tentative

Courtroom 43 Calendar

Event Date/Time Event Type Event Status Case Number Case Title Case Type Dept.
1/14/2025 8:20 AM Motion to Substitute Jose Rodriguez in Place of Deceased Plaintiff Norma Viorato Not Held - Vacated by Court 202100557329CUPO Viorato vs. Harbor Island Hotel Group LP Civil Unlimited 43
1/14/2025 8:20 AM Motion to Allow for Discovery of Evidence of Defendants' Financial Condition Held 2024CUBC029803 DR ROBERT COCAIN AND TAMMY COCAIN vs ZOLOTAS, et al. Civil Unlimited 43
1/14/2025 8:35 AM Order to Show Cause re: Entry of Default Not Held - Vacated by Court 2024CUPA023281 GONZALEZ vs ALVAREZ Civil Unlimited 43
1/14/2025 8:35 AM Case Management Conference Held - Continued 2024CUBC020879 GROOVER vs SHIVER, et al. Civil Unlimited 43
1/14/2025 8:35 AM Initial Case Management Conference Held 2024CUPP024268 CRUZ vs VALLARTA SUPERMARKETS, et al. Civil Unlimited 43
1/14/2025 8:35 AM Order to Show Cause re: Service of the complaint Held - Continued 2024CUPA023489 PERATIS vs CHAVEZ BLANCO Civil Unlimited 43
1/14/2025 8:35 AM Order to Show Cause re: Service of the complaint Held 2024CUPP024268 CRUZ vs VALLARTA SUPERMARKETS, et al. Civil Unlimited 43
1/14/2025 8:35 AM MANDATORY APPEARANCE CMC/Order to Show Cause Re Sanctions/Dismissal for Failure to File Proof of Service/Default Not Held - Vacated by Court 2024CUOR027619 BANK OF AMERICA, N.A. vs HERNANDEZ Civil Unlimited 43
1/14/2025 8:35 AM MANDATORY APPEARANCE CMC/Order to Show Cause Re Sanctions/Dismissal for Failure to File Proof of Service/Default Not Held - Vacated by Court 2024CUPP027607 AGUILAR RAMIREZ vs VONS, et al. Civil Unlimited 43
1/14/2025 8:35 AM MANDATORY APPEARANCE CMC/Order to Show Cause Re Sanctions/Dismissal for Failure to File Proof of Service/Default Held 2024CUMC027499 VENTURA UNIFIED SCHOOL DISTRICT, et al. vs VINCENNES, et al. Civil Unlimited 43
1/14/2025 8:35 AM Case Management Conference Held - Continued 2024CUPA023489 PERATIS vs CHAVEZ BLANCO Civil Unlimited 43
1/14/2025 1:30 PM Status Hearing Re: MSC Meet and Confer Under CRC3.724 Not Held - Vacated by Court 202200573331CUPA Medrano vs. Morales Civil Unlimited 43
1/15/2025 8:30 AM Ex Parte Application for an Order Continuing Trial Scheduled 202000542812CUPA Sebastian vs. Chief Sportfishing Civil Unlimited 43
1/15/2025 8:30 AM CMC: Complex Track (Complex Case & Class Action) Vacated 2024CUBT030800 KNIGHT vs PATAGONIA, INC. Civil Unlimited 43
1/15/2025 8:30 AM Hearing on Petition for Approval of Compromise of Claim or Action or Disposition of Proceeds of Judgment for Minor or Person with Disability Scheduled 202000547460CUPA Leon vs. Martinez Civil Unlimited 43
1/15/2025 8:30 AM Hearing on Petition for Approval of Compromise of Claim or Action or Disposition of Proceeds of Judgment for Minor or Person with Disability Scheduled 202000547460CUPA Leon vs. Martinez Civil Unlimited 43
1/15/2025 8:35 AM Order to Show Cause re: Imposition of monetary sanctions against Plaintiff Rosa M Lares Brewster in the amount of $750.00 for failure to appear on 11/25/2024 Scheduled 2023CUBC014758 BREWSTER VS VIP MANAGEMENT Civil Unlimited 43
1/15/2025 8:35 AM Order to Show Cause re: Imposition of monetary sanctions for failure to serve the complaint Pursuant to CRC Section 3.110(f) Scheduled 2023CUPA014141 SENDEROVICH VS MORNINGSTAR Civil Unlimited 43
1/15/2025 8:35 AM Order to Show Cause re: Failure to file judgment Vacated 202100556893CUPO Portugal vs. Stroh Civil Unlimited 43
1/15/2025 8:35 AM Order to Show Cause re: Entry of default Scheduled 2023CUPA014141 SENDEROVICH VS MORNINGSTAR Civil Unlimited 43
1/15/2025 8:35 AM Case Management Conference Scheduled 2023CUPA015683 HEIDEMANN vs WILSON, et al. Civil Unlimited 43
1/15/2025 8:35 AM Order to Show Cause re: Imposition of monetary sanctions against Plaintiff Synahi Lares Brewster in the amount of $750.00 for failure to appear on 11/25/2024 Scheduled 2023CUBC014758 BREWSTER VS VIP MANAGEMENT Civil Unlimited 43
1/15/2025 8:35 AM Case Management Conference Scheduled 2023CUOE016598 GAKHARIA vs THE ANDWIN CORPORATION Civil Unlimited 43
1/15/2025 8:35 AM MANDATORY APPEARANCE CMC/Order to Show Cause Re Sanctions/Dismissal for Failure to File Proof of Service/Default Scheduled 2024CUPP027634 JANE DOE, A MINOR, BY AND THROUGH HER GUARDIAN AD LITEM, E.C. vs BEINER, et al. Civil Unlimited 43
1/15/2025 8:35 AM MANDATORY APPEARANCE CMC/Order to Show Cause Re Sanctions/Dismissal for Failure to File Proof of Service/Default Scheduled 2024CUPA027716 ODEN vs GIORDANO, et al. Civil Unlimited 43
1/15/2025 8:35 AM MANDATORY APPEARANCE CMC/Order to Show Cause Re Sanctions/Dismissal for Failure to File Proof of Service/Default Scheduled 2024CUOE027853 ALEJANDRO MONTES, AS AN AGGREIVED EMPLOYEE, AND ON BEHALF OF ALL OTHER AGGREIVED EMPLOYEES UNDER THE LABOR CODE PR... vs CALTEX FOODS, INC., et al. Civil Unlimited 43
1/16/2025 8:20 AM Motion for Summary Adjudication Vacated 202200565060CUPO Roe vs. Doe 1 Civil Unlimited 43
1/16/2025 8:20 AM Motion for Summary Judgment RESERVED Amazon.Com Services LLC Reserved 2023CUWT007039 FIGUEROA vs AMAZON.COM SERVICES LLC Civil Unlimited 43
1/16/2025 8:30 AM Trial Setting Conference Scheduled 2023CUBC014566 CONEJO VALLEY MOLD, IBNC. vs FLEISHMAN, et al. Civil Unlimited 43
1/16/2025 8:30 AM Status Conference Re: Bankruptcy Scheduled 202200569580CUPA United Financial Casualty Company vs. Arista Civil Unlimited 43
1/16/2025 8:30 AM Ex Parte Application order to release equipment Reserved 2024CUBC021869 IRONS CONTRACTORS vs URREA & SONS TRUCKING Civil Unlimited 43
1/16/2025 8:35 AM MANDATORY APPEARANCE CMC/Order to Show Cause Re Sanctions/Dismissal for Failure to File Proof of Service/Default Scheduled 2024CUPP027959 GENTRIX BARASA ET. AL. vs BRANDY COOMES 553 ET. AL. Civil Unlimited 43
1/16/2025 8:35 AM MANDATORY APPEARANCE CMC/Order to Show Cause Re Sanctions/Dismissal for Failure to File Proof of Service/Default Scheduled 2024CUNP027933 JAMES R. BIRKENSHAW, IN HIS CAPACITY AS SUCCESSOR TRUSTEE OF TRUST A AND TRUST B UNDER THE WILL OF GEORGE E. BIRKE..., et al. vs ESTATE OF BETTY LOU BIRKENSHAW, et al. Civil Unlimited 43
1/16/2025 8:35 AM MANDATORY APPEARANCE CMC/Order to Show Cause Re Sanctions/Dismissal for Failure to File Proof of Service/Default Scheduled 2024CUPL027914 AGUILAR PRO LANDSCAPING, INC. vs GENERAL MOTORS LLC Civil Unlimited 43
1/16/2025 8:35 AM Order to Show Cause re: Imposition of monetary sanctions in the amount of $500.00 against Plaintiff’s counsel for failure to appear on 11/12/2024 and for failure to enter default Scheduled 2024CUPA023016 MAY vs DIAZ, et al. Civil Unlimited 43
1/16/2025 8:35 AM Case Management Conference Scheduled 2024CUPA022739 CORVEL CORPORATION vs MORATA, et al. Civil Unlimited 43
1/16/2025 8:35 AM Order to Show Cause re: Default Scheduled 2024CUPA022739 CORVEL CORPORATION vs MORATA, et al. Civil Unlimited 43
1/16/2025 8:35 AM Case Management Conference Scheduled 2024CUPA019480 LOPEZ TUYUB vs SPROWL, et al. Civil Unlimited 43
1/16/2025 8:35 AM Case Management Conference Scheduled 2024CUPA023016 MAY vs DIAZ, et al. Civil Unlimited 43
1/16/2025 8:35 AM MANDATORY APPEARANCE CMC/Order to Show Cause Re Sanctions/Dismissal for Failure to File Proof of Service/Default Scheduled 2024CUPA029897 MEJIA vs SPROWL Civil Unlimited 43
1/16/2025 10:00 AM Trial Setting Conference Scheduled 202100551735CUPA Mullaly vs. Oakwood Worldwide Civil Unlimited 43
1/16/2025 1:30 PM Jury Trial (7 Days) Vacated 202100556334CUPO Creager vs. Superior Grocers Civil Unlimited 43
1/17/2025 8:20 AM Motion for Leave to to File Second Amended Complaint, Vacate Minute Order (Aug 1, 2024), Lift The Stay Of Proceedings and Impose Sanctions Scheduled 2024CUNP020720 SARKADI vs SPRUCE POWER 1 LLC Civil Unlimited 43
1/17/2025 8:30 AM Trial Setting Conference Scheduled 2024CUPA024721 ZAVALA LEDESMA, et al. vs PEREZ PEREZ Civil Unlimited 43
1/17/2025 8:30 AM Demurrer to First Amended Complaint for Defendant Mutual of Omaha Insurance Company Vacated 2024CUWT023453 GONZALEZ vs REMARKABLE CAREGIVERS RCSM LLC, et al. Civil Unlimited 43
1/17/2025 8:35 AM Case Management Conference Scheduled 2024CUNP024552 WAWANESA GENERAL INSURANCE COMPANY AS SUBROGEE FOR JOSEPH SANDERS vs WHIRLPOOL CORPORATION Civil Unlimited 43
1/17/2025 8:35 AM Order to Show Cause re: Entry of Default Scheduled 2024CUPA023353 CARDENAS vs RENTOKIL NORTH AMERICA INC, et al. Civil Unlimited 43
1/17/2025 8:35 AM Case Management Conference Scheduled 2024CUPA023353 CARDENAS vs RENTOKIL NORTH AMERICA INC, et al. Civil Unlimited 43
1/17/2025 8:35 AM Order to Show Cause re: Imposition of monetary sanctions for failure to appear on 12/05/2024, failure to file a Case Management Statement and failure to serve the complaint Scheduled 2024CLPA025828 ALLSTATE NORTHBROOK INDEMNITY CO A/S/O WARREN NOCON vs WRIGHT Civil Limited 43
1/17/2025 8:35 AM MANDATORY APPEARANCE CMC/Order to Show Cause Re Sanctions/Dismissal for Failure to File Proof of Service/Default Scheduled 2024CUBC028010 TOLLE vs NISSAN NORTH AMERICA INC Civil Unlimited 43
1/17/2025 8:35 AM MANDATORY APPEARANCE CMC/Order to Show Cause Re Sanctions/Dismissal for Failure to File Proof of Service/Default Scheduled 2024CUJR028002 IRALEX INVESTMENTS, INC. vs CITY OF SAN BUENAVENTURA Civil Unlimited 43
1/17/2025 8:35 AM MANDATORY APPEARANCE CMC/Order to Show Cause Re Sanctions/Dismissal for Failure to File Proof of Service/Default Scheduled 2024CUPA027991 RODRIGUEZ vs AGUIRIANO, et al. Civil Unlimited 43
1/17/2025 8:35 AM Order to Show Cause re: Dismissal pursuant to Notice of Settlement Vacated 2024CUOE019487 DEJBAN vs KLICKTRACK INC Civil Unlimited 43
1/17/2025 9:00 AM Status Hearing Scheduled 202200572267CUBC Landmark Grading & Paving vs. Pavement Coatings Civil Unlimited 43
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