Castillo v. Target Corporation
Motion to set aside dismissal
Motion type
Parties
Ruling
# Case Name Tentative
knew it was highly probable that the failure to provide decedent with 24-hour supervision would cause plaintiff serious harm/death, but that it consciously disregarded this risk and left him unsupervised instead. (See TAC ¶¶ 3, 16, 19, 26, 29, 55-56.)
Motion to Strike Portions of Third Amended Complaint
Defendant A Better Life Recovery LLC dba A Mission for Michael’s motion to strike portions of third amended complaint is DENIED.
The motion is procedurally defective. (See Cal. Rules of Court, rule 3.1322 [“A notice of motion to strike a portion of a pleading must quote in full the portions sought to be stricken except where the motion is to strike an entire paragraph, cause of action, count, or defense.”]; see also Ntc. of Mtn. & Mtn, pp. 1-3.)
The case management conference is continued to February 8, 2027 at 9:00 a.m. in Department C28.
Defendant shall give notice of all of the above.
56. Castillo v. Plaintiff Sandra Castillo’s motion to set aside dismissal is Target GRANTED. (Code Civ. Proc., § 473, subd. (b) [mandatory Corporation relief based on attorney affidavit of fault]; Degani Decl., ¶¶ 6- 8; see also Zamora v. Clayborn Contracting Group, Inc. 2024- (2002) 28 Cal.4th 249, 257 [mandatory relief even where 01423525 attorney fault is “inexcusable”].)
The court VACATES the 10-13-25 and 12-4-25 orders dismissing this action without prejudice.
Defendant’s request for judicial notice is GRANTED.
The court sets a Case Management Conference for February 8, 2027 at 9:00 a.m. in Department C28.
Moving party shall give notice of this ruling.
57. Matthew R. Petitioners Matthew R. Silver’s petition for an award of Silver and reasonable attorney’s fees incurred in enforcing the judgment Civica Law is GRANTED. Group APC Code of Civil Procedure § 685.040 entitles a judgment creditor v. Curtis R. to reasonable fees and costs incurred by enforcing a judgment Wright “if the underlying judgment includes an award of attorney’s 2025- fees to the judgment creditor pursuant to subparagraph (A) of 01478015 paragraph (10) of subdivision (a) of Section 1033.5.”
Cited authorities
Looking for case law or statutes not cited here? Search published authorities
Ask about this ruling
Examples: “Why did the court rule this way?” · “What were the procedural grounds?” · “Is appearance required?”