Excerpt: ...ffect, any, that Piplack, et al. v. IN-N-OUT (2023) 88 Cal.App.5th 1281 has on the court's decision to dismiss Plaintiff's representative PAGA claim because Plaintiff was compelled to arbitrate Plaintiff's individual PAGA claim. Relying on Kim v. Reins International California, Inc. (2020) 9 Cal.5th 73, 83-84 as a binding interpretation that stand-ng for a representative PAGA claim has only two elements: Plaintiff must be someone (1) who was empl...

Excerpt: ...intiff's Motion in Limine #3: Exclude Evidence or Argument Concerning Plaintiff's criminal convictions. GRANTED The followng tentative rulings shall become the ruling of the court unless a party gives notice of intention to appear as follows: 1. You must call (209) 725-4111 to notify the court of your intent to appear. 2. You must give notice to all other parties before 4:00 p.m. of your intentto appear. Per California Rules of Court, rule 3.1308...

Excerpt: ...e of the administrative remedy that must be exhausted and how these plaintiffs could possibly mitigate the damage resulting for Defendant's alleged waste of water. Defendant's affirmative defense of preemptions fails as a matter of law. Since the matters at issue involve a continuing course of conduct, the defense of statute of limitations fails as a matter of law. The affrmatve defense of standing fails as a matter The followng tentative rulings...

Excerpt: ...d successfully repaired on the first attempt. The following tentative rulings shall become the ruling of the court unless a party gives notice of intention to appear as follows: 1. You must call (209) 725-4111 to notify the court of your intent to appear. 2. You must give notice to all other parties before 4:00 p.m. of your intent to appear. Per California Rules of Court, rule 3.1308(a)(1), failure to do both items 1 and 2 will result in no oral ...

Excerpt: ...atories, and Requests for Production of Documents, and request for monetary sanctions, for discovery served on February 21, 2019. No Requests for Admission have been propounded. Plaintiff's counsel was suspended from the practice of law for the period September 22, 2021 through November 20, 2021. The last attempt to meet and confer with Plaintiff's counsel occurred on March 25, 2020, more than two years ago. Plaintiff's counsel attended the June ...

Excerpt: ...ppeal. Second, the opposition to the motion to expunge lis pendens is inconsistent with Defendant's legal position that transfer of a fee simple interest in real property does effect a transfer of a personal property interest in water located under such real property. In the event that Defendant prevails on appeal and the transfer of fee simple interest from Defendant to Plaintiff is determined not to effect a transfer a personal property interes...

Excerpt: ...version, the factual allegations are far too vague and general concerning the formation and terms of the alleged contract and fiduciary relationship or the specific property and circumstances of property allegedly converted to place Defendant on notice of all potential affirmative defenses that may apply and must be alleged in the answer to avoid being waived. This Court finds, that if Affrmative Defense Numbers 2-8, 10- 13, 15-16, 18-19, and 21-...

Excerpt: ... cause of action and for uncertainty, (4) the Third Cause of Action for Fraud Failure to state a cause of action and for uncertainty, (5) the Fourth Cause of Action for Breach of Fiduciary Duty for Failure to state a cause of action and for uncertainty, (6) the Fifth Cause of Acton Cause for Conversion for Failure to state a cause of action and for uncertainty, (7) the Sixth Cause of Acton for Aiding and Abetting Conversion for Failure to state a...

Excerpt: ... (2) that she did not suffer wage loss, (3) that she did not suffer loss of earnings capacity, (4) that she did not suffer medical expense, (5) that she did not suffer general damages, (6) that she was negligent at the time of the incident, (7) that Plaintiff's negligence was the The following tentative rulings shall become the ruling of the court unless a party gives notice of intention to appear as follows: 1. You must call (209) 725-4111 to no...

Excerpt: ...iff slipped at 1:43, (5) The same customer walks through the area again and begins eating again at 1:43, (6) Plaintiff slippled and fell on grapes spilled by the customer at 1:44, (7) The location of the slip was the main action aisle of the Walmart, (8) the Walmart was located in Merced, and (9) Plaintiff filed a lawsuit containing a single cause of action against Walmart and its manager. While the sequence of events occurred over a relatively s...

Excerpt: ...ity, (6) undue annoyance, embarrassment, and oppression, and privacy are OVERRULED. While it is true that any direct negligence by Defendant Brad Johnson Trucking with regard to training or other actons relating to the management of its driver are not relevant the driver is determined not to have been negligent at the time of the incident, they remain relevant until such time that Defendant Brad Johnson Trucking prov-des an unambiguous admission ...

Excerpt: ...aining a First Cause of Action for Declaratory Relief, a Second Cause of Action for Injunction, and a Third Cause of Acton for Writ of Mandate to enforce an agency to perform an alleged ministerial duty, the reopening of a fish ladder. On January 10, 2023, Plaintiff filed a First Amended Verified Complaint for Public Nuisance, Violation of Constitution Rights of Due Process and Equal Protection, Declaratory and Injunctive Relief, and Verified Pet...

Excerpt: ... damages portion of the trial, the actual wording of the motion goes somewhat farther, stating: Defendants "will move this Court for an order (1) bifurcating the trial into liability (determined by clear and convincing evidence that Defendants intentionally concealed information from Plaintiffs Abel H. Arias, and Maciel and Alejandra Galicia ('Plaintiff<) regarding a defective totally integrated power module (TIPVI') in their vehicle) and punitiv...

Excerpt: ...was made and overruled is in fact a moton for reconsideration and the instant motion to strike fails to comply with the procedural requirements of a moton for reconsideration. Finally, the evidentiary objections raised in the Motion to Strike are due consideration of the merits of such objections by this Court, are without merit, and are hereby OVERRULED. Motion for Reconsideration The moton for reconsideration brought by Defendant/cross-complain...

Excerpt: ...use of Action for Declaratory Relief, a Second Cause of Action for Injunction, and a Third Cause of Action for Writ of Mandate to enforce an agency to perform an alleged ministerial duty, the reopening of a fish ladder. The Demurrer by Merced Irrigation District is supported by a Request for Judicial Notice of the following documents more particularly described in the Request for Judicial Notice filed with this Court by Defendant/Respondent Merce...

Excerpt: ... appear as follows: 1. You must call (209) 725-4111 to notify the court of your intent to appear. 2. You must give notice to all other parties before 4:00 p.m. of your intent to appear. Per California Rules of Court, rule 3.1308(a)(1), failure to do both items 1 and 2 will result in no oral argument. To limit the spread of the COVID-19 virus, the court encourages remote hearings. Parties who contest the tentative ruling or wish to appear at a hea...

Excerpt: ...d by Defendants Despite No Loss of Earnings Claim, and Request for Sanctions in the Amount of $2,547.95 Against Defendant Pedro Molina, Sr., Irvin Trucking, Inc., and its Attorneys Cholakian & Associates is GRANTED in Part and DENIED in Part. The Three subpoenas seek confidential employment records to which a right to privacy exists despite conceding that no claim for lost wages or inability to work is pending and that such claim has in fact been...

Excerpt: ...that while “Bad Faith” is not defined in the statute, “case law has defined gross negligence as the want of even scant care or an extreme departure from the ordinary standard of conduct.” (Id. [quoting Eastburn v. Regional Protection Authority (2003) 31 Cal.4th 1175, 1185-1186].) The Second Amended and Supplemental Complaint for Damages alleges in ¶ 16 that at approximately 11:50 p.m. the Los Banos Disbatcher dispatched at least two Los ...

Excerpt: ...cial and Form Interrogatories, and for sanctions raises similar issues to those addressed by this Court on Tuesday, February 21, 2023 in connection with a motion by Plaintiff Parkash Pabla to Compel Further Responses to Plaintiff's Requests for Admissions, Requests for Production of Documents, Special and Form Interrogatories, and for sanctions. At the Tuesday hearing, after hearing extensive The following tentative rulings shall become the rulin...

Excerpt: ..., 12.7, 15.1, 16.1-16.8, 17.1, 50.1, and 50.3-50.5; and for monetary sanctions in the amount of $4,800 pursuant to CCP § 2031.310, 2023.010, 2030.300 The Motion by Plaintiffs Parkash Pabla and Jaswinder Kaur to Compel Defendant Dual Arch International, Inc. to Provide Further Responses to Plaintiff's Requests for Admission Nos. 5, 6, 11- 13, 15-21, 24-32, 35, 37, 40-42, 44, 46, 49, 55-58, and 60-63 is GRANTED. Objections by Defendant Dual Arch I...

Excerpt: ...ld: “Damages for fear of cancer may be recovered only if the plaintiff pleads and proves that (1) as a result of Defendant's negligent breach of a duty owed to the Plaintiff, the plaintiff is exposed to a toxic substance which threatens cancer; and (2) the plaintiff's fear stems from a knowledge, corroborated by reliable medical or scientific opinion, that it is more likely than not that the plaintiff will develop the cancer in the future due t...

Excerpt: ...to judgment as a matter of law. Plaintiff as submitted general evidentiary objections along with specific evidentiary objections to Exhibit 3, the Declaration of Jake Farmer, Exhibit 5, Exhibit 6, Exhibit 7, and Exhibit 8 on the grounds of failure to lay proper foundation, improper authentication, failure to qualify expert testimony, hearsay and lack of personal knowledge. Those objections are OVERRULED. This Court finds that an adequate foundati...

Excerpt: ...llowing tentative rulings shall become the ruling of the court unless a party gives notice of intention to appear as follows: 1. You must call (209) 725‐4111 to notify the court of your intent to appear. 2. You must give notice to all other parties before 4:00 p.m. of your intent to appear. Per California Rules of Court, rule 3.1308(a)(1), failure to do both items 1 and 2 will result in no oral argument. To limit the spread of the COVID‐19 vi...

Excerpt: ...AMEND. The Request for Judicial Notice is GRANTED and this Court, on its own motion, take Judicial Notice of its order granting summary judgment on the Complaint in this action. This Court finds that Cross‐Complainant 4‐S Ranch Partners, LLC has failed to allege facts establishing tender or a judicially recognized exception to requirement for tender. (See Arnolds Management Corp. v. Eischen (1984) 158 Cal.App.3d 575, 578). As a general rule, ...

Excerpt: ...ven the contention by Cross‐Defendant Altenergy Power Systems USA that a declaration of necessity conforming CCP § 2030.050 was not provided. There can be no dispute that a party who has propounded an interrogatory has the right to withdraw that interrogatory at any time before it is answered. Valley Unique Electic, Inc. asserts that no response was received to an initial set of interrogatires and that Valley Unique Electric elected to withdra...