Thursday, August 16, 2018
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Courtroom 43 - Honorable Judge Kevin G. DeNoce

Courtroom 43 - Civil Trials, Law & Motion

Law & Motion Matters and Hearing Calendar for Law & Motion

The law and motion calendar in courtroom 43 will begin at 9:00 a.m. Cases including ex parte matters will not be called prior to 9:00 a.m. Please check in with the courtroom clerk by no later than 8:45 a.m. If appearing by CourtCall please call in between 8:35 and 8:45 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 decide 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. The email should be sent to the Court at: Courtroom43@ventura.courts.ca.gov with all counsel copied on the email. The court does not always publish tentative decisions, but does so the majority of the time.

Ex Parte Rules and Procedures

Ex-parte hearings are scheduled in the department of the Judge assigned to the case. Ex-parte applications for courtroom 43 are heard by Judge Kevin G. DeNoce at 9:00 a.m. You must call in advance to reserve a hearing date and time. Please call (805)289-8791 for ex parte applications to be heard in courtroom 43. In addition to filing your ex parte application after reserving a hearing date, you must email a copy of your ex parte application to Courtroom43@ventura.courts.ca.gov and copy your email to all concerned parties.

If the email address for the opposing party/counsel is known or readily obtainable, the parties are required to serve a copy of any ex parte application and opposition thereto by email. The ex parte application must be emailed to the court and the opposing party/counsel by email no later than 4 p.m. the day prior to the ex parte hearing. (See, Cal. Rules of Court, Rule 3.1206, Code Civ. Proc. § 1010.6(a)(3); Cal. Rules of Court, Rule 2.251(c).) Any opposition to an ex parte application must be emailed to the ex parte applicant/counsel as soon as it is filed with the court.

The emailed ex parte application and any position thereto should be provided in PDF format and if unavailable, “Word” format. Emailed documents are merely courtesy copies and are not considered filed and will not be part of the record. Do NOT use the court's e-mail address to attempt to file documents with the court, to inquire about conformed copies, or to communicate with the court.

Please make sure that your ex parte application contains a proposed order and a declaration regarding notice to involved parties in compliance with Cal. Rules of Court, Rule 3.1204. Absent a showing of good cause, per Rule 3.1203(b), notice must be given by no later than 10 a.m. the court day prior to the ex parte appearance in addition to email service of the written application by 4 p.m. the day prior to the ex parte hearing. Absent exceptional circumstances, no hearing will be conducted and your ex parte application will be denied if inadequate notice is given or if there is inadequate service of your ex parte application.

Telephonic Appearance Rules
Pre-Trial Conferences

In all civil cases assigned to Judge DeNoce which are set for trial, a pre-trial conference is held two weeks prior to the trial date in courtroom 43. Since trials are typically set on Monday afternoon at 1:30 p.m., pre-trial conferences will be set Monday at 1:30 p.m. two weeks prior. Counsel may appear by CourtCall for the pre-trial conference.

The purpose of the pre-trial conference is to discuss whether counsel will be announcing ready for trial, the court’s availability to commence the trial on the trial date, and whether counsel have prepared the necessary documents that the court requires be prepared prior to the trial date, including motions in limine, a statement of the case, joint witness list, proposed jury instructions, proposed verdict forms, proposed juror questionnaire, etc. These documents, in particular, motions in limine, must be brought to the pre-trial conference (or provided in advance by courier if appearing by CourtCall) and will be filed by the clerk in courtroom 43. In cases with significant motions in limine, this procedure permits the court to work on such motions in advance of the trial date so as to avoid delaying jury selection on the trial date. The failure of a party to provide these documents to the court at the pre-trial conference will operate as a waiver of that party’s right to request that the trial commence on the trial date and a continuance of the trial date.

Prior to the pre-trial conference, the parties must familiarize themselves with Judge DeNoce’s trial rules which are available below. Counsel must provide the court with a signed copy of these trial rules at the pre-trial conference which will be filed by the clerk in courtroom 43. These rules will be helpful to the parties in understanding how a trial is conducted before Judge DeNoce.

Trial Documents and Rules

The fact that your case may be set for trial on a particular day does not necessarily mean that the court will be available to start your trial on that day. The court may not be able to begin your trial on the scheduled date because of being engaged in another trial, because of a CCP section 36 or criminal case which takes priority, etc. In order to determine if the court is available to begin trial on the scheduled date, please contact the court clerk a few days in advance of the trial date to inquire about the court's availability. You can inquire by sending an email to the clerk for courtroom 43 at: Tiffany.Froedge@ventura.courts.ca.gov

At least two weeks prior to your trial date, counsel should review the trial documents set forth below. Specifically, counsel should review the court's "Trial Rules and Procedures" set forth below and return a signed copy of those rules to the court (or email a signed copy to the court) at least five court days prior to the first day of trial.

CEQA Cases

Each county is required to designate one or more judges to preside over CEQA cases. Judge Kevin G. DeNoce has been designated as the CEQA judge for the County of Ventura. A CEQA case is any case where a petition or complaint filed by any party alleges one or more claims under the California Environmental Quality Act, i.e., Public Resources Code §§ 21000, et seq. CEQA, or the California Environmental Quality Act, requires state and local agencies to identify the significant environmental impacts of development projects and to avoid or mitigate those impacts, if feasible.

Please click on the link below to access the applicable rules and procedures for CEQA cases:

Courtroom 43 Tentative Rulings

Case Number Event Type Event Date Event Time Department Document
56-2017-00501646-CU-PA-VTA Motion to Compel 8/14/2018 8:20 AM 43 Tentative
56-2017-00504174-CU-BT-VTA Motion to Strike 8/14/2018 8:20 AM 43 Tentative
56-2017-00504174-CU-BT-VTA Demurrer (CLM) 8/14/2018 8:20 AM 43 Tentative
56-2017-00504137-CU-OE-VTA Motion to Strike 8/14/2018 8:20 AM 43 Tentative
56-2017-00493298-CU-BC-VTA Motion to Quash Subpoena (CLM) 8/13/2018 8:20 AM 43 Tentative
56-2017-00495771-CU-OR-VTA Motion to Strike 8/13/2018 8:20 AM 43 Tentative
56-2017-00495771-CU-OR-VTA Demurrer (CLM) 8/13/2018 8:20 AM 43 Tentative
56-2016-00487048-CU-PA-VTA Motion to Strike 8/13/2018 8:20 AM 43 Tentative

Courtroom 43 Calendar

Event Time Event Date Event Type Event Status Case Number Case Title Case Category Dept.
8:20 AM 8/16/2018 Motion to Quash Subpoena (CLM) RESCHEDULED 56-2017-00493298-CU-BC-VTA Edith Arellano vs. Francis Okyere Civil - Unlimited 43
8:30 AM 8/16/2018 Appearance and Examination of Judgment Debtor (SHC) SCHEDULED 56-2014-00451183-CU-BC-VTA Linda L Crosnoe vs. Bond Dale Jackson Civil - Unlimited 43
1:30 PM 8/16/2018 Jury Trial (LC) RESCHEDULED 56-2017-00494842-CU-PA-VTA Norma Gochin vs. Craig Sacha Civil - Unlimited 43
8:20 AM 8/20/2018 OSC - Change of Name SCHEDULED 56-2018-00514712-CU-PT-VTA In the Matter of Ceja Civil - Unlimited 43
8:20 AM 8/20/2018 Motion for Summary Judgment VACATED 56-2017-00500236-CU-PA-VTA Kreiselmeyer vs Enterprise FM Trust Civil - Unlimited 43
8:20 AM 8/20/2018 Motion to Compel VACATED 56-2017-00492450-CU-PA-VTA Ruiz vs Cleffi Civil - Unlimited 43
8:20 AM 8/20/2018 OSC - Change of Name SCHEDULED 56-2018-00514497-CU-PT-VTA In the Matter of Hernandez Civil - Unlimited 43
8:20 AM 8/20/2018 Miscellaneous Hearing (CLM) SCHEDULED 56-2018-00507910-CU-DF-VTA Kieu Hoang vs. BBC Global News Limited Civil - Unlimited 43
8:30 AM 8/20/2018 Court Trial (SHC) VACATED 56-2018-00508066-CL-BC-VTA 678 Kirk LLC vs Holly Tinnell Civil - Limited 43
8:30 AM 8/20/2018 Court Trial (LC) SCHEDULED 56-2016-00486538-CU-BC-VTA Spear vs Mastrolonardo Civil - Unlimited 43
1:30 PM 8/20/2018 Jury Trial (LC) SCHEDULED 56-2016-00486006-CU-PA-VTA Chavez vs Pineda Civil - Unlimited 43
1:30 PM 8/20/2018 Jury Trial (LC) SCHEDULED 56-2017-00491294-CU-PO-VTA Garibay vs Oxnard Union High Civil - Unlimited 43
1:30 PM 8/20/2018 Jury Trial (LC) RESCHEDULED 56-2016-00489192-CU-PO-VTA Espinoza vs Southern California Gas Civil - Unlimited 43
1:30 PM 8/20/2018 Jury Trial (LC) SCHEDULED 56-2016-00484911-CU-PA-VTA Karluk vs Defterios Civil - Unlimited 43
1:30 PM 8/20/2018 Jury Trial (LC) RESCHEDULED 56-2017-00493211-CU-OR-VTA Becker vs RGC Services Civil - Unlimited 43
1:30 PM 8/20/2018 Jury Trial (LC) VACATED 56-2016-00489187-CU-PA-VTA Juarez vs Romero Civil - Unlimited 43
1:30 PM 8/20/2018 Jury Trial (LC) VACATED 56-2017-00500891-CU-CR-VTA Kayla Reed vs Frys Electronics Inc Civil - Unlimited 43
1:30 PM 8/20/2018 Jury Trial (LC) RESCHEDULED 56-2015-00466516-CU-PA-VTA Strasner vs Cedillo Civil - Unlimited 43
1:30 PM 8/20/2018 Jury Trial (LC) VACATED 56-2017-00497196-CU-OE-VTA Anatolio Vargas vs. Luis Manzo Civil - Unlimited 43
1:30 PM 8/20/2018 Jury Trial (LC) VACATED 56-2016-00483365-CU-OE-VTA Joseph Destrampe vs. Western Wireline Inc Civil - Unlimited 43
1:30 PM 8/20/2018 Jury Trial (LC) VACATED 56-2017-00498324-CU-PA-VTA Rico vs. Southern California Gas Civil - Unlimited 43
1:30 PM 8/20/2018 Jury Trial (LC) VACATED 56-2016-00487048-CU-PA-VTA Derek Alan Wilkinson vs. Jose Real Civil - Unlimited 43
1:30 PM 8/20/2018 Jury Trial (LC) RESCHEDULED 56-2017-00500785-CU-PA-VTA Gary Whitacre vs. Angelica Orozco Civil - Unlimited 43
1:30 PM 8/20/2018 Pretrial Conference (CCM) SCHEDULED 56-2014-00457320-CU-MM-VTA Joyce Basua vs. David Chi M.D. Civil - Unlimited 43
1:30 PM 8/20/2018 Jury Trial (LC) RESCHEDULED 56-2016-00480473-CU-NP-VTA Nancy Myers vs. Southern California Edison Company Civil - Unlimited 43
1:30 PM 8/20/2018 Jury Trial (LC) VACATED 56-2017-00498882-CU-PO-VTA Mary Vadnais vs. Walter Galan Civil - Unlimited 43
1:30 PM 8/20/2018 Jury Trial (LC) VACATED 56-2017-00501060-CU-PO-VTA Gwen Ojalvo vs. Raymond Montague Civil - Unlimited 43
8:20 AM 8/21/2018 Motion - Other (CLM) RESCHEDULED 56-2015-00464635-CU-PO-VTA Samantha B vs. Aurora Vista Del Mar Hospital LLC Civil - Unlimited 43
8:20 AM 8/21/2018 Motion to Appear Pro Hac Vice (CLM) SCHEDULED 56-2017-00505457-CU-PO-VTA California Department v California Resources Civil - Unlimited 43
8:20 AM 8/22/2018 OSC - Change of Name SCHEDULED 56-2018-00514513-CU-PT-VTA In the Matter of Rodriguez Civil - Unlimited 43
8:20 AM 8/22/2018 Motion to Compel SCHEDULED 56-2018-00511561-CU-WT-VTA Linda McKenzie vs. Make A Wish Foundation of America Civil - Unlimited 43
8:20 AM 8/22/2018 Motion to Compel SCHEDULED 56-2018-00511561-CU-WT-VTA Linda McKenzie vs. Make A Wish Foundation of America Civil - Unlimited 43
8:30 AM 8/22/2018 Petition to Approve Compromise of Pending Action SCHEDULED 56-2017-00501739-CU-PO-VTA Rowlands vs. Simi Valley Unified Civil - Unlimited 43
8:20 AM 8/23/2018 Motion for Summary Judgment and/or Adjudication SCHEDULED 56-2016-00488078-CU-PO-VTA Marlow vs Campus Plaza Civil - Unlimited 43
8:30 AM 8/23/2018 Appearance and Examination of Judgment Debtor (SHC) SCHEDULED 56-2017-00499698-CU-BC-VTA Bank Of The West vs Cable Network Const Civil - Unlimited 43
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