Excerpt: ... judicial notice but denied as to Exhibit A. Except for orders from the Court that appear in the Court's file for this case, the Court denies request for judicial notice as to the contents of plaintiff's third amended complaint and other documents in the Court's file for this action as inadmissible hearsay. See Day v. Sharp (1975) 50 Cal.App.3d 904, 914; Fremont Indemnity Co. v. Fremont General Corp. (2007) 148 Cal.App.4th 97, 113. The court may ...

Excerpt: ...opez alleges causes of action for breach of contract, fraud, and negligence against defendant Richgrove Community Services District (RCSD), a public entity. RCSD is a public entity under Government Code §911.2 that states that “Public Entity includes the state, the Regents of the University of California, the Trustees of the California State University and the California State University , a county, city, district, public authority, public age...

Excerpt: ... plaintiff's damages is offered to the jury. OPERATIVE FACTS Plaintiff Jarnail Singh was involved in a motor vehicle accident when the trailer portion of a truck driven by defendant Hernandez and owned by defendant Kaweah Container (KCI) crossed into Singh's lane that resulted in a collision between the two vehicles. Singh suffered severe injuries in the accident, and subsequently filed an action for personal injuries and property damage. At the ...

Excerpt: ...rts Defendant's contention that Plaintiff's counsel failed to prosecute the action in a diligent manner, failed to propound any discovery, failed to respond to Defendant's Demand for Disclosure of Experts (served May 8, 2018), failed to cooperate with Defendant to schedule mediation, and failed to appear at a number of court hearings. Plaintiff's current counsel substituted in on July 20, 2018. The substitution was signed by Plaintiff's former co...

Excerpt: ...nry and Scribner. Defendant demurs to the SAC asserting all claims of McHenry and Scribner are statutorily time barred. Plaintiffs oppose the demurrer. A Notice of Completion for the McHenry home was recorded on June 10, 2005. A Notice of Completion for the Scribner home was recorded on May 27, 2005. Plaintiffs' action was initially filed on February 5, 2014 (and did not include McHenry or Scribner as Plaintiffs). Plaintiffs and Defendant entered...

Excerpt: ...admitted. Mr. Zarabi shall also pay monetary sanctions under CCP § 2023.030 and §2033.280(c) in the amount of $460.00 within thirty days from the notice of this ruling. The Court notes that this discovery motion was timely noticed and served on defendant Zarabi at the address of his counsel as identified in his answer to plaintiff's complaint The Court has not received any response from defendant to this discovery motion. Exhibit “A” to the...

Excerpt: ...following findings: 1. Under the Preliminary Approval Order, the Notice of Class Action Settlement (hereinafter referred to as the "Notice") was mailed to all members of the Class by first-class U.S. mail. The Notice informed the Class of the terms of the Settlement, of their right to receive their proportional Settlement Payment, of their right to request exclusion from the Class and the Settlement, of their right to comment upon or obje...

Excerpt: ...t 10:00 a.m. at 729 N. Medical Center Drive #101-West, Clovis, Ca. 93611. OPERATIVE FACTS This action arises out of injuries sustained in two separate and distinct motor vehicles that occurred on November 6, 2015 and March 10, 2017 respectively. As a result of these two accidents, plaintiff Sabra Galloway claims injuries including a neck injury, 3 fractured ribs, a fractured clavicle, left hand pain, left shoulder pain, and left foot pain. Defend...

Excerpt: ...g the construction and effect of supporting and opposing papers. (Tsemetzin v. Coast Federal Savings & Loan Assn. (1997) 57 Cal.App.4th 1334, 1342.) Summary judgment is granted when no triable issue exists as to any material fact and the moving party is entitled to judgment as a matter of law. (Code Civ. Proc., § 437c, subd. (c).) "[T]he party moving for summary judgment bears an initial burden of production to make a prima facie showing of ...

Excerpt: ... to the motion for judgment on the pleadings for the purpose of determining if an agreement can be reached that resolves the claims to be raised in the motion for judgment on the pleadings. If an amended pleading is filed, the responding party shall meet and confer again with the party who filed the amended pleading before filing a motion for judgment on the pleadings against the amended pleading. (1) As part of the meet and confer process, the m...

Excerpt: ... (Stop Youth Addiction, Inc. v. Lucky Stores, Inc. (1998) 17 Cal.4th 553, 558; People ex rel. Lungren v. Superior Court (1996) 14 Cal.4th 294, 300.) However, the assumption of truth does not apply to contentions, deductions, or conclusions of law and fact. (Id. at pp. 300- 301; Moore v. Regents of University of California (1990) 51 Cal.3d 120, 125.) The court considers all matters which properly may be judicially noticed. (Blank v. Kirwan (1985) ...

Excerpt: ... to the motion for judgment on the pleadings for the purpose of determining if an agreement can be reached that resolves the claims to be raised in the motion for judgment on the pleadings. If an amended pleading is filed, the responding party shall meet and confer again with the party who filed the amended pleading before filing a motion for judgment on the pleadings against the amended pleading. (1) As part of the meet and confer process, the m...

Excerpt: ... (Stop Youth Addiction, Inc. v. Lucky Stores, Inc. (1998) 17 Cal.4th 553, 558; People ex rel. Lungren v. Superior Court (1996) 14 Cal.4th 294, 300.) However, the assumption of truth does not apply to contentions, deductions, or conclusions of law and fact. (Id. at pp. 300- 301; Moore v. Regents of University of California (1990) 51 Cal.3d 120, 125.) The court considers all matters which properly may be judicially noticed. (Blank v. Kirwan (1985) ...

Excerpt: ...t 10:00 a.m. at 729 N. Medical Center Drive #101-West, Clovis, Ca. 93611. OPERATIVE FACTS This action arises out of injuries sustained in two separate and distinct motor vehicles that occurred on November 6, 2015 and March 10, 2017 respectively. As a result of these two accidents, plaintiff Sabra Galloway claims injuries including a neck injury, 3 fractured ribs, a fractured clavicle, left hand pain, left shoulder pain, and left foot pain. Defend...

Excerpt: ...g the construction and effect of supporting and opposing papers. (Tsemetzin v. Coast Federal Savings & Loan Assn. (1997) 57 Cal.App.4th 1334, 1342.) Summary judgment is granted when no triable issue exists as to any material fact and the moving party is entitled to judgment as a matter of law. (Code Civ. Proc., § 437c, subd. (c).) "[T]he party moving for summary judgment bears an initial burden of production to make a prima facie showing of ...

Excerpt: ...m of $3,219.50 from Defendants plus attorneys' fees in the sum of $1,830.00 for a total of $5,049.50. Plaintiff brings this action under the Mobilehome Residency Law. (Civil Code 798 et seq.) Plaintiff seeks an order determining the subject mobilehome abandoned and an order permitting a public auction of the mobilehome as provided in the statute. Proof of service in the file indicates that notice of the Petition has been given by mail and by post...

Excerpt: ...1016. Plaintiff was hit on the head by a baseball thrown by another student. Plaintiffs allege that a negligent failure to supervise the students on the playground resulted in this injury. The matter has been pending since March 22, 2017 and the trial has been continued twice. The minor was examined by Dr. Jacqueline Harris-Groeber on December 3, 2017. She recommended that plaintiff seek further examination from a neurologist. Defense counsel lea...

Excerpt: ...revailing party after court trial in this action. This was an action on a contract containing an attorneys' fees provision and Plaintiff is entitled to recover reasonable attorneys' fees pursuant to Civil Code 1717(a). The declaration filed in support of the motion indicates fees actually billed to Plaintiff amount to $61,140.00. The court finds this represents reasonable attorney's fees for this straight forward collection matter which was heard...

Excerpt: ...f's Complaint filed on June 12, 2017 is dismissed, with prejudice. Plaintiff is an unrepresented former inmate. He appears in propria persona in this action. He filed his civil complaint against the Kern County Superior Court by way of a Judicial Council form complaint. The caption to the complaint lists damages as “Length of Sentence.” The Complaint contains no facts and asserts only that Plaintiff was assessed too much prison time in his cr...

Excerpt: ...ccessor in interest to American Sterling Bank as holder of a promissory note executed by Defendant Rachel L. Welman in 2006. The note was secured by a second deed of trust encumbering real property. According to Plaintiff, the senior first trust deed was foreclosed on February 21, 2008 (Paras Decl., paragraph 11.) Plaintiff has not asserted Defendant made payments or otherwise performed on the note after February 21, 2008. Plaintiff asserts it �...

Excerpt: ...as required by California Rule of Court 3.1112(a) Second, the declaration of Marti Gonzalez that accompanies the moving papers for this motion was not submitted “under penalty of perjury” as required under CCP §2015.5 so as to be admitted into evidence in support of a motion. Also, there has been no proof of service filed with Ms. Gonzalez's motion to document that the moving papers for this motion were served on defendant-cross complainant ...

Excerpt: ...Fernandez obtained an order from the court on February 6, 2018 relieving him as Mr. Fernandez's counsel in this action. Mr. Fernandez remains in pro per. The Ledger Law Firm appears to remain as counsel of record for the minor Plaintiffs and their guardian ad litem. Moving Defendant asserts he was served with the summons and complaint but is not the person named in the police report relating to the subject automobile accident. No response to the ...

Excerpt: ...r 2, 2017 attended by counsel for Plaintiffs and Defendants. At the CMC the court ordered the matter set for trial on October 29, 2018. In January 2018 all parties stipulated to advance the trial date to October 1, 2018. Plaintiffs' current motion was filed on May 23, 2018 asking to add a new cause of action for Medical/Hospital Malice and Oppression and to add a new claim for punitive damages. Defendants oppose the motion. As Plaintiffs point ou...

Excerpt: ...e Nursing and Rehabilitation Center's demurrer to the causes of action for elder abuse with twenty days' leave to amend. Based on this court's ruling as to defendant Tulare Nursing and Rehabilitation Center's demurrer to plaintiffs' first amended complaint, defendant Tulare Nursing and Rehabilitation Center's motion to strike portions of plaintiffs' first amended complaint is moot. OPERATIVE FACTS This is an action filed by Sylvester Grigsby, ind...

Excerpt: ...nterpretation by reading it as a whole and with all its parts in their context. (Stop Youth Addiction, Inc. v. Lucky Stores, Inc. (1998) 17 Cal.4th 553, 558; People ex rel. Lungren v. Superior Court (1996) 14 Cal.4th 294, 300.) However, the assumption of truth does not apply to contentions, deductions, or conclusions of law and fact. (Id. at pp. 300- 301; Moore v. Regents of University of California (1990) 51 Cal.3d 120, 125.) The court considers...