Excerpt: ...riguez shall provide full and complete verified responses without objection to plaintiff's form interrogatories, set one within 20 days from the notice of this ruling. (2) To grant plaintiff's motion to deem admitted plaintiff's requests for admissions, set one, to defendant Robert Rodriguez. Items 1-8 of plaintiff's first set of requests for admissions to defendant Robert Rodriguez shall be deemed admitted, and Exhibit “A” attached to plaint...

Excerpt: ...ound of insufficiency of the evidence to justify the verdict or other decision, nor upon the ground of excessive or inadequate damages, unless after weighing the evidence the court is convinced from the entire record, including reasonable inferences therefrom, that the court or jury clearly should have reached a different verdict or decision.” This court cannot reach the conclusion that the jury should have reached a different verdict. In this ...

Excerpt: ... judgment on the pleadings at the address identified in her answer to the plaintiff LVNV Funding LLC's complaint. The Court has not received any response to this motion. Plaintiff LVNV Funding LLC brings this action to recover on a delinquent credit card obligation owed to its assignor Credit One Bank by defendant Sonterrena Patterson in the principal sum of $1,295.15. Plaintiff's complaint pleads causes of action for the common counts of account...

Excerpt: ... all other respects; sustained as to the Second Cause of Action in its entirety, without leave to amend; sustained as to the Sixth Cause of Action in its entirety, without leave to amend as to Plaintiff Jacqueline Lupercio and with leave to amend as to Plaintiff Susana Magana; sustained as to the Eighth Cause of Action in its entirety, without leave to amend; is overruled as to all other Causes of Action. (2) Defendant's Motion to Strike is moot ...

Excerpt: ... Ruiz's complaint that is at issue in this demurrer is her fourth cause of action for sexual battery in violation of Civil Code §1708.5. Jennifer Ruiz was employed by defendant United Staffing Associates as a service worker. She alleges that United assigned her to work alone with defendant Christopher Castro on September 27, 2018. Ms. Ruiz states that Castro make unwarranted and unsolicited remarks to her that he had not had sex in over a year. ...

Excerpt: ...at arises out of defendant Thuyyy Pham's default on a loan that he obtained from plaintiff Discover Bank. Discover Bank's complaint pleads causes of action for open book account, account stated, money paid, money lent, and for a loan that Discover Bank issued to Thuyyy Pham that required periodic payments. AUTHORITY AND ANALYSIS A plaintiff moving for summary judgment (MSJ) must make a prima facie showing that there are no triable issues of fact ...

Excerpt: ...The root of this action is a family dispute as to who inherits title to a 1930 Ford Model A and a 1951 Ford Coupe automobiles. Plaintiff's father Paul Hamilton King. Jr. held sole and exclusive title to these antique cars when he died intestate in May of 2017. Plaintiff contends that it was his father's intent that plaintiff succeed to sole and exclusive title to these Fords at the time of his death. But where Mr. King Jr. died without a will, th...

Excerpt: ...South Mack Grinding. Defendants shall have twenty days' leave to answer the plaintiff's complaint OPERATIVE FACTS In September 2012, plaintiff J. Mack Ent., Inc. (“Mack”) rented a Wirtgen Milling Machine from SC Services, Inc. (“SC”). Then in October of 2012, Mack was involved in an accident that allegedly damaged the Wirtgen. Mack tendered SC's claim to its insurance broker Donald F. Sharp (Mack alleges in its Third Amended Complaint for...

Excerpt: ...14. An exception, however, is that the general rule is limited to those material facts properly pleaded, and does not apply to conclusions of fact or law. Moore v. Regents of University of California (1990) 51 Cal.3d 120, 125. For example, a bare allegation that an act is illegal, unlawful, unauthorized, wrongful, or fraudulent is a conclusion of law that need not be accepted as true. 4 Witkin, Cal. Procedure (4th Ed. 1997) Pleading section 345, ...

Excerpt: ... that Mr. Gonzalez owed to FMCC in the principal amount of $15,765.16 plus interest at the rate of 4.49% per annum. The stipulation provided that Mr. Gonzalez would make monthly payments to FMCC in the amount of $200.00. Interest on the balance due under this stipulation would accrue at the 4.49% per annum. The stipulation also provided that in the event of a default that FMCC to move this court under CCP 664.6 to enter judgment in the amount due...

Excerpt: ... a 2015 Chrysler 200 from a dealership for defendant FCA US LLC on or about February 12, 2016. FCA US LLC is the manufacturer of this 2015 Chrysler 200. Upon receipt of this automobile, plaintiffs became aware of an electrical defect in car that caused, among other things, inoperable turn signals, instrument cluster failure, failure to start or difficultly starting the engine, and failure of the radio. Plaintiffs brought her 2015 Chrysler 200 to ...

Excerpt: ...nsumer Warranty Act (Civil Code §1790 et seq.) also identified as California's “lemon law.” Plaintiff Veronica Franco purchased a 2015 Jeep Cherokee from a dealership for defendant FCA US LLC on or about October 18, 2015. FCA US LLC is the manufacturer of this Jeep. Upon receipt of this Jeep, Ms. Franco became aware of a defect in this automobile that caused it to randomly and dangerously stall. Ms. Franco brought her Jeep to an authorized d...

Excerpt: ... a 2015 Chrysler 200 from a dealership for defendant FCA US LLC on or about February 12, 2016. FCA US LLC is the manufacturer of this 2015 Chrysler 200. Upon receipt of this automobile, plaintiffs became aware of an electrical defect in car that caused, among other things, inoperable turn signals, instrument cluster failure, failure to start or difficultly starting the engine, and failure of the radio. Plaintiffs brought her 2015 Chrysler 200 to ...

Excerpt: ...The root of this action is a family dispute as to who inherits title to a 1930 Ford Model A and a 1951 Ford Coupe automobiles. Plaintiff's father Paul Hamilton King. Jr. held sole and exclusive title to these antique cars when he died intestate in May of 2017. Plaintiff contends that it was his father's intent that plaintiff succeed to sole and exclusive title to these Fords at the time of his death. But where Mr. King Jr. died without a will, th...

Excerpt: ...South Mack Grinding. Defendants shall have twenty days' leave to answer the plaintiff's complaint OPERATIVE FACTS In September 2012, plaintiff J. Mack Ent., Inc. (“Mack”) rented a Wirtgen Milling Machine from SC Services, Inc. (“SC”). Then in October of 2012, Mack was involved in an accident that allegedly damaged the Wirtgen. Mack tendered SC's claim to its insurance broker Donald F. Sharp (Mack alleges in its Third Amended Complaint for...

Excerpt: ...14. An exception, however, is that the general rule is limited to those material facts properly pleaded, and does not apply to conclusions of fact or law. Moore v. Regents of University of California (1990) 51 Cal.3d 120, 125. For example, a bare allegation that an act is illegal, unlawful, unauthorized, wrongful, or fraudulent is a conclusion of law that need not be accepted as true. 4 Witkin, Cal. Procedure (4th Ed. 1997) Pleading section 345, ...

Excerpt: ...l de novo in this case. Ms. Gonzalez seeks to vacate the judgment of this court because she contends that she did not receive notice of the defendants' appeal of the small claims judgment nor the February 28, 2019 trial de novo because she was not personally served with either the notice of appeal nor the date of the trial de novo. The judgment was mailed to the address she used throughout the proceedings as was the notice of appeal and the court...

Excerpt: ... western portion of the divided property. Plaintiff's complaint alleges that he enjoyed an easement to use a 15' wide road that travels up from Avenue 336 where the boundary between the two divided parcels was located. At a mandatory settlement conference on August 13, 2018, the parties agreed to a settlement of this action. Plaintiff's attorney stated the terms of this settlement on the record before the court, and Plaintiff confirmed his unders...

Excerpt: ...nica Gomez and defendant Jose Raul Garcia purchased jointly with each acquiring an undivided one-half interest in the property. The duplex was encumbered by a purchase money mortgage currently serviced by PennyMac Loan Services, LLC. This mortgage is in the name of defendant Garcia but plaintiff's interest in the property is of a record title holder. Plaintiff offered to buy Mr. Garcia's interest in this duplex for the sum of $10,000. Plaintiff p...

Excerpt: ...bandonment of patient, and negligence of nurse causes of action. Defendants' demurrer is sustained without leave to amend as to plaintiff Christopher Renfro's res ipsa loquitor, breach of contract, intentional infliction of emotional distress and false light causes of action. Defendants' “Motion to Strike Improper Prayer for Punitive Damages and “Retraining” is granted as to “retraining” as per Civil Code §3333.1 and 3333.2. Defendants...

Excerpt: ...s request for judicial notice and Item #1 of plaintiff's request for judicial notice are granted only as to the date of filing of these documents. Except for orders from the Court that appear in the Court's file for this present case or the Hernandez v. Metrocom MDB case, the Court cannot take judicial notice as to the contents of documents in the Court's file in this present case and/or the Hernandez v. Metrocom MDB case his action as the conten...

Excerpt: ...s request for judicial notice and Item #1 of plaintiff's request for judicial notice are granted only as to the date of filing of these documents. Except for orders from the Court that appear in the Court's file for this present case or the Hernandez v. Metrocom MDB case, the Court cannot take judicial notice as to the contents of documents in the Court's file in this present case and/or the Hernandez v. Metrocom MDB case his action as the conten...

Excerpt: ...bandonment of patient, and negligence of nurse causes of action. Defendants' demurrer is sustained without leave to amend as to plaintiff Christopher Renfro's res ipsa loquitor, breach of contract, intentional infliction of emotional distress and false light causes of action. Defendants' “Motion to Strike Improper Prayer for Punitive Damages and “Retraining” is granted as to “retraining” as per Civil Code §3333.1 and 3333.2. Defendants...

Excerpt: ...nica Gomez and defendant Jose Raul Garcia purchased jointly with each acquiring an undivided one-half interest in the property. The duplex was encumbered by a purchase money mortgage currently serviced by PennyMac Loan Services, LLC. This mortgage is in the name of defendant Garcia but plaintiff's interest in the property is of a record title holder. Plaintiff offered to buy Mr. Garcia's interest in this duplex for the sum of $10,000. Plaintiff p...

Excerpt: ...andez moves this court to “reconsider” its ruling on February 26, 2016 that indicated that the parties had waived a jury trial based on the failure to post jury fees. The statute at issue in this matter is CCP §631(g) that states that “The court may, in its discretion upon just terms, allow a trial by jury although there may have been a waiver of a trial by jury.” Generally, the grounds upon which relief from the waiver of a jury trial w...

Excerpt: ...do less a credit of $15,000 against the $50,000 judgment entered against them for payments against this judgment that the defendants have made in partial satisfaction of the stipulated judgment that is the subject of this motion. This is an action for breach of contract and quantum that arises out of a contract between plaintiff Impax Automation, LLC and defendants Visalia Dairy Co., Mark D. Acevedo, Leonard Vandenberg. Mike Ramirez, and Daniel Q...

Excerpt: ... There has been no response to this motion. This is a construction defect action where the plaintiffs have agreed to accept the sum of $2,368.42 from cross-defendant FPPI in exchange for a release of all claims arising out of FPPI's work on the properties at issue in this action. Plaintiffs have also agreed to release Centex Homes from all liability arising out of the work performed by FPPI on the properties at issue in this action. This settleme...

Excerpt: ...urt also notes that a default was entered against defendants KLX, Inc. and Peoplease LLC on February 8, 2019. Plaintiffs contend they should be certified as a class for purposes of litigating their common interests in this case. Plaintiffs are entitled to certification as a class if they can establish (1) there is an ascertainable class, and (2) there is a well-defined community of interests for all of the class members in the questions of law an...

Excerpt: ...plaint. The Court has not received any response to this motion. Plaintiff Discover brings this action to recover on a delinquent credit card obligation owed to it by defendant Alvarez in the principal sum of $2,338.38. Plaintiff's complaint pleads causes of action for the common counts of open book account and account stated. Defendant Alvarez's answer to Discover's complaint does not contest any of the allegations raised in the plaintiff's compl...

Excerpt: ...rayers for Punitive Damages. Based on the opposition, it appears Plaintiff has agreed there is no basis stated in the First Amended Complaint to recover attorney's fees and costs. A motion to strike claims for punitive damages is appropriate where the subject pleading does not support such claims as a matter of law. (Commodore Home Systems, Inc. v. Superior Court (1982) 32 Cal.3d 211, 214-215.) Defendants assert Plaintiff's First Amended Complain...

Excerpt: ...ll provide full and complete verified responses to these document requests without objection within thirty days from the service of the notice of this ruling. Judgment debtor Brookfield Box Company, Inc. shall also pay monetary sanctions in the amount of $840.00 to judgment creditor's counsel within thirty days after service of the notice of this ruling for this motion as required under CCP§2023.030(a), CCP §2030.290(c), and CCP §2031.300(c). ...

Excerpt: ...vious pleadings or amendments;(2) State what allegations in the previous pleading are proposed to be deleted, if any, and where, by page, paragraph, and line number, the deleted allegations are located; and (3) State what allegations are proposed to be added to the previous pleading, if any, and where, by page, paragraph, and line number, the additional allegations are located. California Rule of Court 3.1324(b) further requires that “A separat...

Excerpt: ... for quiet title, fraud/deceit, conversion, and quantum-meruit/unjust enrichment. Plaintiff Beatriz Romero Gonzalez alleges that she has a half interest in two parcels of land located in Earlimart, California. Ms. Gonzalez states that the basis for her interest in these properties are Grant Deeds that convey these two parcels to Ms. Gonzalez's deceased husband Ramon Velasco Rodriguez and the daughter of defendant Vidal Barreto Velasco. Ms. Gonzal...

Excerpt: ...akov Dulcich & Sons seeks to tax costs of $297.00 associated with deposition costs; $235.00 in service costs, and $8,734.00 paid to a jury consultant. Deposition Costs. The $235.00 arises out of the cancellation of a room reservation that arose out of a failed attempt to depose defendant Dulcich's person most qualified as to this defendant's safety policies and procedures and training of its employees. Given that this deposition was to be conduct...

Excerpt: ... Following a telephone conference between respective counsel, defendant's counsel agreed to accept service of the summons and complaint through notice of acknowledgement and receipt. When defendant's counsel received the service package, he noticed that the exhibits to the plaintiff's complaint were missing. Defendant's counsel contacted plaintiff's counsel who e-mailed these exhibits to defendant's counsel. Defendant's counsel signed, but never ...

Excerpt: ...y defendant Kings County Water District within 30 days from the notice of this ruling. OPERATIVE FACTS On April 26, 2018, this Court entered a judgment that resolved the plaintiff Kings River Agricultural Property Owners Association's (“KRAPOA”) Second Amended Complaint and defendant Kings County Water District's (“the District”) First Amended Cross- Complaint. On July 16, 2018, the parties settled all of the issues raised in this present...

Excerpt: ...no response to this motion. This is a personal injury action for negligence, negligence per se, and statutory liability that arises out of a traffic accident between a 2000 Lincoln LS sedan and automobile driven by plaintiff Ludvin Gonzalez Lopez and a 2007 flatbed freight vehicle driven by defendant Jose Manuel Carrillo. Plaintiff filed his complaint on June 29, 2018. At the time of the accident, defendant Carrillo was acting in the course and s...

Excerpt: ...defendant Mary Ann Ferraro to plaintiffs' first amended complaint by treating it as a plea in abatement, and staying this action pending a full and final resolution of case #PCU 261738. To deny as unripe defendants Pleasant Valley Canal Company and Richard Waller's motion to strike punitive damages from plaintiff's first amended complaint. Defendant Mary Ann Ferraro's Request for Judicial Notice is granted under Evidence Code §452(d). Defendants...

Excerpt: ...any other time) as her counsel represented to this court at the February 26, 2019 hearing on the City's ex-parte application that Ms. Reed would indeed do so, plaintiff shall pay monetary sanctions under CCP §2023.030(a) and CCP §2025.450(g)(1) in the amount of $1,560.00 to counsel for the City of Tulare within thirty days from the notice of this ruling. Plaintiff's counsel shall also coordinate with the City of Tulare a date certain for Ms. Re...

Excerpt: ...ately 65 mph through a school zone when her vehicle collided with the plaintiffs' automobile as Mr. McCuistion was attempting to make a left turn. In the collision the plaintiffs' vehicle flipped over into an irrigation ditch, killing plaintiff Jayden McCuistion and severe injuring the other plaintiffs. Investigation that plaintiffs' counsel conducted revealed that there had been more than 35 accidents at the intersection where the accident happe...

Excerpt: ...ce is granted as Exhibit “A and denied as to Exhibit “B.” Defendants' Request for Judicial Notice is granted only as to the date of filing of the referenced complaint and answers identified in defendants' Request for Judicial Notice. Except for minute orders and other orders for this case that appear in the Court's file, and other matters that in the Court's file where Evidence Code §452 authorizes the right to judicial notice, the Court d...

Excerpt: ... this order. Plaintiffs' Second Amended Complaint (“SAC”) was filed January 9, 2019 asserting as a class action seven (7) wage and hour causes of action and a PAGA claim. Defendant demurs to the SAC and alternatively moves to strike the class action allegations from the SAC. For purposes of a demurrer all properly plead facts and those reasonably arising by implication must be accepted as true. Couglas v. E. & J. Gallow Winery(1977) 69 Cal.Ap...

Excerpt: ...andum. The court may construe the absence of a memorandum as an admission that the motion or special demurrer is not meritorious and cause for its denial, and in the case of a demurrer, as a waiver of all grounds not supported.” The court notes that plaintiff-in-intervention Employers Assurance Company's did not file or serve a memorandum of points and authorities in support of its motion for leave to file complaint-in- intervention. Accordingl...

Excerpt: ...approximately a day and a half before returning its verdict. They retired to deliberate on the afternoon of December 18, 2018, and returned their verdict just before 11:00 on December 20th. CCP §675 provides, in pertinent part, “A new trial shall not be granted upon the ground of insufficiency of the evidence to justify the verdict or other decision, nor upon the ground of excessive or inadequate damages, unless after weighing the evidence the...

Excerpt: ...ful action arising out of the death of decedent Lorna McIntryre. Plaintiffs contend that Mrs. McIntrye died as the result of negligent medical treatment that the defendants provided to Mrs. McIntrye Defendant Linda Herman MD now moves the court for summary judgment on two grounds: (1) she argues that the applicable statute of limitation as to Dr. Hernan expired at best on January 14, 2018 and plaintiffs did not perfect their claim against her or ...

Excerpt: ...is action is a family dispute as to who inherits title to a 1930 Ford Model A and a 1951 Ford Coupe automobiles. Plaintiff's father Paul Hamilton King. Jr. held sole and exclusive title to these antique cars when he died intestate in May of 2017. Plaintiff contends that it was his father's intent that plaintiff succeed to sole and exclusive title to these Fords at the time of his death. But where Mr. King Jr. died without a will, there is no docu...

Excerpt: ...rom September 2015 through April of 2016. Plaintiff's complaint pleads causes of action for (1) breach of contract; (2) damages for failure to pay wages; (3) damages for inaccurate wage statement; (4) damages for failure to reimburse; (5) damages for failure to pay wages upon termination; and (6) liquidated damages under Labor Code §1194.2. On December 5, 2018, the parties participated in a mediation before the Honorable Howard Broadman. This me...

Excerpt: ...f's car. Plaintiff directed a process server to personally serve defendant Campos at 827 N. Highland Avenue, Visalia, California. The process served attempted personal service on Mr. Campos at this address on November 2 and 3, 2018. After two failed attempts to personally serve the defendant at this address, the process server gave the summons and complaint to one Kim Weiss on November 5, 2018. Ms. Weiss resided at this 827 N. Highland Avenue, Vi...

Excerpt: ...smissed the plaintiff's case without prejudice based on the plaintiff's failure to enter the default of the defendant. CCP §473(b) states in relevant part that: Notwithstanding any other requirements of this section, the court shall, whenever an application for relief is made no more than six months after entry of judgment, is in proper form, and is accompanied by an attorney's sworn affidavit attesting to his or her mistake, inadvertence, s...

Excerpt: ... set one of demand for identification and inspection of documents; request for sanctions [CCP §2030.010, 2023.010 (2) To grant defendants' motion to compel responses to set one of form interrogatories and set one of special interrogatories; request for sanctions [CCP §2030.010; 2023.010] Plaintiff shall provide full and complete verified responses to these interrogatories and inspection demands without objection within twenty days from the noti...