Excerpt: ...is is an action for breach of contract and account stated that arises out of a contract between defendant and plaintiff's assignor Performance Dairy Service. The court's file indicates that plaintiff served defendant Kampen on July 5, 2019, at 6:08 p.m. at his Visalia residence address. However, defendant indicates in his declaration in support of this motion that because on July 5, 2019 he was at the bedside of a dying friend between 2:00 p.m. a...

Excerpt: ...ton and Sam Bruce are overruled. This action is brought by Plaintiffs as representing current and former employees of Defendant working as “setters” or “finishers.” Defendant asserts that 97 of the potential class members have signed claim releases and are no longer part of this action. Defendant asserts a large number of the remaining potential class members did not work prevailing wage jobs or travel to jobsites and thus do not have ove...

Excerpt: ...ake judicial notice as to the contents of documents in the Court's file for this action as the contents of these documents constitute 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. Thus, the court cannot take judicial notice of the contents of the plaintiff's complaint. Summary judgment is granted when no triable issue exists as to any material f...

Excerpt: ...nsfer of this action within 30 days from the notice of this ruling. Defendant Baker & Hostetler LLP's Request for Judicial Notice is granted as to Exhibits “A” and “B” of this defendant's request for judicial notice under Evidence Code §452(c) and §452(d). Plaintiff Tulare Local Health Care District is a public agency located in Tulare County. Defendants Parmod Kumar, MD, Linda Wilbourn, and Richard Torrez are residents of Tulare County...

Excerpt: ...f's third, fifth, and sixth causes of action are overruled. Defendants Planas and Saludes shall have twenty days' leave to answer the plaintiff's complaint. Defendant Kevin Planas' Request for Judicial Notice is granted under Evidence Code §452(h) OPERATIVE FACTS On April 2, 2015, plaintiff Connee L. Bantang (“Ms. Bantang), age 75, signed a quit claim deed that conveyed to defendant Kevin Planas (“Mr. Planas”) a one-half interest in real p...

Excerpt: ...rest on the judgment as provided by law, and the attorney fees and costs incurred to enforce this settlement agreement. All parties were given proper notice of this motion. The court has not received any response to this motion. This is an action arising around of a credit card obligation due and owing from defendant Kellie Neufeld to plaintiff American Express Centurion Bank. Plaintiff pleads causes of action for account stated, open book accoun...

Excerpt: ...eposit to be in full satisfaction of the obligations of California Republic Bank's under the court's order. The funds will remain on deposit subject to further order of the court and pending a determination of the appeal before the Fifth District Court of Appeals (Case No. F078689). No party is entitled to recover costs or attorneys' fees on this motion. The parties entered into a settlement agreement on the record in this court. Plaintiff subseq...

Excerpt: ... not submit the entire motion and initial declarations a second time. The class that is the subject of this case is as follows: “All persons employed by either of the Defendants, Sun Villaidence Opco, LLC or Lindsay Gardensidence Opco, LLC, in California in a non-exempt, hourly-paid employment position at any time during the time period from March 1, 2014 through the date of preliminary approval.” Insufficient information has been submitted a...

Excerpt: ...nt for Failure to Bring Action to Trial within 5 Years; and (2) To Deny the Motion by Cross- Defendants to Lift Discovery Stay as to Centex Homes' Cross-Complaint re: Crawford Damages These motions are brought by eight Cross-Defendants: Fenceworks, Inc.; McClure Door, Inc., Award Construction and Roofing, Inc.; Spence Fence Company; Ruben I. Tkacz; McClard Masonry Construction, Inc.; M&B Carpentry, Inc., and Lexington Insurance Company, obo Advan...

Excerpt: ...nt shall file his answer to the First Amended Complaint within ten (10) days of this order. Plaintiffs' action seeks damages for wrongful death/medical malpractice for treatment provided to Plaintiffs' decedent Dionicio Santillan. Plaintiffs also seek damages for emotional distress. Defendant demurs to Plaintiffs' First Amended Complaint asserting 1) Plaintiffs have improperly combined two separate claims – survivorship claims and wrongful deat...

Excerpt: ...t. Plaintiffs allege Defendant negligently flooded a roadway causing the subject accident resulting in the death of Margarito Hernandez Ortega. Plaintiffs Jose Luis Herndandez Rios and Maria Ines Ortega Aragon assert they are the dependent parents of the decedent. Plaintiff Maria Griselda Delgado Antuna asserts she is the putative spouse of the decedent and that the minor Plaintiffs, Adilene Hernandez Delgado and Alexander Hernandez Delgado are d...

Excerpt: ...Protective Order continued until the hearing on the application. Plaintiff contends he contracted with Defendants to handle his payroll services. Services to be provided by Defendants included taking funds from Plaintiff's account and depositing the funds with the IRS in satisfaction of Plaintiff's payroll tax obligations. Plaintiff alleges Defendants took funds from Plaintiff's account and failed to deposit the funds with the IRS leaving Plainti...

Excerpt: ...n abstract of judgment was recorded on March 26, 2012 with the Los Angeles County Recorder's Office (Instrument #20120460349). Plaintiff assigned its judgment to Movant, WV Capital Ventures, LLC on or about August 6, 2019. An amended abstract of judgment was recorded on September 5, 2019 with the Los Angeles County Recorder's Office (Instrument #20190908861). Movant asserts the judgment remains unpaid. The amount claimed due consists of the princ...

Excerpt: ...ct action where the plaintiffs have agreed to accept the sum of $500.00 from cross-defendant M & B Carpentry, Inc., in exchange for a release of all claims arising out of M & B Carpentry, Inc.'s work on a single home, located at 3732 Salle Street, Visalia. Plaintiffs have also agreed to release Centex Homes from all liability arising out of the work performed by M & B Carpentry, Inc. on the single home referenced in the settlement. CCP § 877.6 a...

Excerpt: ...nt as per California Rule of Court 3.1113(l) Also, a Request for Judicial Notice can be granted only as to the extent of the date of filing of the documents on file with the Court for this action and as to minute orders and other orders for this case that appear in the Court's file. Except for orders from the Court that appear in the Court's file for this case, the Court denies plaintiff's request for judicial notice as to the contents of other d...

Excerpt: ...ber 6 and overruled in all other respects. Defendant's objections to the Declaration of Robert B. Moeller are overruled. Defendant's objections to the Declaration of Chuck Stokke are overruled. Defendant's suggestion that Plaintiff is now asserting two new unpled claims for failure to warn and for failure to provide testing is not persuasive. The assertions by Plaintiff are sufficiently related to Plaintiffs claims including claims of misrepresen...

Excerpt: ...ndants Wathen Castanos Hybrid Homes, Inc., Skyview Crest LP, Skyview Crest Partners, LLC and Wathen Castanos Project General Partners LLC subject to approval by this court. In exchange for this $2,500.00 payment, these defendants agree to release any and all claims against Granite Hills in this action and to defend and indemnify Granite Hills against any direct claims that the plaintiffs assert against Granite Hills. CCP § 877.6 affords the cour...

Excerpt: ... Abuse under Welfare and Institutions Code §15610 et seq. and Trespass. Ms. Norton now moves the court for trial preference under CCP §36 because she claims to be 72 years old and the defendant is in his 80's. CCP §36(a) provides that “A party to a civil action who is over 70 years of age may petition the court for a preference, which the court shall grant if the court makes both of the following findings: (1) The party has a substantial int...

Excerpt: ...n. This is a construction defect action where the plaintiffs have agreed to accept the sum of $10,384.62 from cross-defendant Fresno Precision Plastics, Inc., in exchange for a release of all claims arising out of Fresno Precision Plastics, Inc.'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 Fresno Precision Plastics, Inc. on the propert...

Excerpt: ...ate. No response to the demurrers has been filed by Plaintiff. At Case Management Conference on May 13, 2019, Plaintiff indicated he would be filing an amended complaint. 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.App.3d 103, 114. An exception, however, is that the general rule is limited to those material facts properly pl...

Excerpt: ...by the court on March 7, 2019. The court granted the motion. The court's order was filed on March 13, 2019. Plaintiff's current motion seeks to set aside and vacate the order due to extrinsic fraud. Plaintiff's motion to set aside and its supporting documents are insufficient to show Plaintiff failed to receive notice of Defendant's motion for pre-filing requirement or that Defendant's service efforts were improper or ineffective. In addition, Pl...

Excerpt: ...elief from default and default judgment under CCP 473(b). Defendant asserts she is entitled to relief on grounds of mistake, inadvertence, surprise and excusable neglect. Default was entered on February 6, 2019. Default Judgment was entered on February 15, 2019. Defendant's motion is brought within six months of default and default judgment and is, therefore, timely. With her moving papers, Defendant submits her proposed answer to the complaint a...

Excerpt: ...aintiff's current motion fails to address the deficiencies previously noted by the court. Defendant has not appeared in this action. Plaintiff has not filed with the court the written stipulation referenced in Plaintiff's supporting declaration (which would require payment of Defendant's appearance fees). Alternatively, Plaintiff has not sought entry of Defendant's default in this action. Plaintiff has failed to dismiss all Doe Defendants named i...

Excerpt: ... Special Interrogatories, Set One. Plaintiff shall provide further verified, written responses to special interrogatories numbered 4, 14, 17, and 19 within ten (10) days of this order. Plaintiff Connie Benitez is ordered to pay to Defendant Tri-County Transport, Inc. the sum of $800.00 as a monetary sanction. Sanctions are payable within ten (10) days of this order. Proof of service in the file indicates notice of the motion was adequate. No resp...

Excerpt: ...sagrees with Plaintiff's assertion that the clerk should attempt to reconcile the discrepancies and do the math to discover why Plaintiff's calculations differ on each document to lead to a correct total renewed judgment. In paragraph 5 of the application for renewal of judgment, Plaintiff should enter the following amounts: a. The total judgment as previously entered: b. The costs after judgment from the cost memorandum; c. Subtotal of a) and b)...

Excerpt: ...CP §368.5 to bring this motion as the purchaser-assignee of a note and deed of trust previously held by Bill B. Long. This action involves three liens against a four-acre olive orchard. Bob's Petro Products' Lien was the most junior of the three lienholders. From late-December 2018 through February of 2019, Bob's Petro was negotiating with Mr. Long to acquire his senior lien on the property. On or about December 26, 2018, McGowan and Anderson su...

Excerpt: ...enor”) class action seeks recovery from defendant Calftech Corporation for various alleged wage and hour violations. The parties participated in mediation and reached an agreement to settle intervenor's class claims. The class consists of 225 former employees of defendant who worked for the defendant from August 5, 2012 to January 18, 2019. The gross settlement amount is $500,000.00. If all of intervenor's requested deductions are approved, the...

Excerpt: ...r Judgment on the Pleadings are sustained. OPERATIVE FACTS On or about June 22, 2006, Laura C. Woomer executed a note in the amount of $211,000.00 (the "Note) and received a loan from Countrywide Home Loans, ("Countrywide"), with ReconTrust Company, N.A. ("ReconTrust") serving as the Trustee and MERS acting solely as a nominee for Countrywide and its successors and assigns. This note was secured by a deed of trust encumbering ...

Excerpt: ...parte application and motion to stay action arises out this court's March 28, 2019 ruling that denied defendants Gary Kupfer, Mary Ann Cantu, and County of Tulare's motion for summary judgment-adjudication. These defendants assert that their intention is to seek writ relief from the Fifth District Court of Appeal as to this court's March 28 ruling. Defendants' request for a stay of this action until the Fifth District Court of Appeal rules on the...

Excerpt: ...w Crest LP, Skyview Crest Partners, LLC and Wathen Castanos Project General Partners LLC subject to approval by this court. This $31,000 sum is inclusive of indemnity and any contractual defense fees. In exchange for this $31,000 payment, these defendants agree to release any and all claims against Northstar in this action and to defend and indemnify Northstar against any direct claims that the plaintiffs assert against Northstar. CCP § 877.6 af...

Excerpt: ...us alleged wage and hour violations. The parties participated in mediation and reached an agreement to settle plaintiff's class claims. The class consists of 495 current and former employees of Defendant. The gross settlement amount is $800,000.00. If all of plaintiff's requested deductions are approved, the net settlement for distribution to class members would be $467,000. The Court is satisfied that plaintiff has sufficiently addressed the con...

Excerpt: ...ontract agreement dated February 7, 2014. The agreement relates to a public works project known as the South Valley Animal Health Laboratory. Moving Defendant is the general contractor for the project. Plaintiff is a sub- contractor. The University of California is the owner of the project. Defendant Hartford Fire Insurance Company posted the payment bond for the project on behalf of Movant. By its Complaint, Plaintiff seeks recovery for addition...

Excerpt: ...c. to Plaintiff's Second Amended Complaint as to all causes of action, with leave to amend; and (2) to grant the Motion by Defendant Tri-County Medical Transport, Inc. to Strike Allegations of Plaintiff's Second Amended Complaint, with leave to amend. Plaintiff shall file any Third Amended Complaint within ten (10) days of this order. Plaintiff inexplicably continues to rely on what appears to be a form complaint designed for an action against a ...

Excerpt: ...rnia Rule of Court 3.1362(d) as to the service of the moving papers for this motion on the plaintiff and all other parties to this action. The Court has not received any response to this motion. The supporting declaration of Ricardo Y. Merluza establishes that the plaintiff Elyssa Seth has refused to cooperate with her counsel in the prosecution of her case, and has failed to respond to repeated inquiries from Mr. Merluza to contact him or his of...

Excerpt: ...her case management conference on May 14, 2019 prepared to schedule a new trial date. Where appropriate, pleadings may be amended at any stage of the litigation. Whether to permit amendment is within the sound discretion of the trial court. (CCP473(a)(1).) It is the policy of the courts to resolve all disputes between the parties in the same action. The court's discretion to permit amendment of pleadings is to be liberally exercised. (Nestle v. S...

Excerpt: ...ing in this matter addresses only the issue before the court and not whether the attorney/client relationship ends by way of operation of law at the conclusion of the case. The Court finds that moving party attorneys Mark A. Waller and David D. Schneider of Dowling Aaron, Incorporated have complied with the provisions of California Rule of Court 3.1362(d) as to the service of the moving papers for this motion on the plaintiffs. The Court has not ...

Excerpt: ...nt statements of undisputed facts and three supporting points and authorities divided as 1) Tulare County's separate statement, 2) Pruneda's separate statement, and 3) Cantu and Kupfer's separate statement. Plaintiff has filed opposition to each of the three statements of undisputed facts. Plaintiff's objections to the declarations of 1) John Mauro, 2) Gary Kupfer, 3) Mary Ann Cantu, 4) Maggie Pruneda, 5) Melissa Watson, 6) Juliet Webb, 7) Lizett...

Excerpt: ...tervenor Fernando Aguirre (“Intervenor”) class action seeks recovery from defendant Calftech Corporation for various alleged wage and hour violations. The parties participated in mediation and reached an agreement to settle intervenor's class claims. The class consists of 225 former employees of defendant who worked for the defendant from August 5, 2012 to January 18, 2019. The gross settlement amount is $500,000.00. If all of intervenor's re...

Excerpt: ...earance by any party. At the hearing on the writ petition held January 24, 2019, the court adopted its tentative ruling denying the petition. Petitioner seeks reconsideration of the court's ruling. Although Petitioner seeks to characterize his motion as containing new facts, the motion and supporting documents are a restatement of arguments raised by Petitioner in his petition and in his reply to the opposition to his petition. No new facts or la...

Excerpt: ...cted by this motion were given timely and proper notice. The Court has not received any response to this motion. CCP §387(b) allows a party who has an interest in a litigated action to intervene in that action, because “The purpose of the statute is to protect the interests of persons affected by a judgment, to obviate delay, and to avoid multiplicity of actions.” See Deutschmann v. Sears, Roebuck & Co. (1982) 132 Cal.App.3d 912, 915 Propose...

Excerpt: ...all appearances will be permitted. Counsel should be prepared to present detailed documentation to support all cost claims including amounts, purpose, when incurred, and statutory authority permitting the cost claim. In addition, counsel should be prepared to present a spreadsheet containing the details of the requested cost calculations under CCP 998. (1) Plaintiff's Motion for New Trial. Although the case was filed as an unlimited civil proceed...

Excerpt: ...e dog to be humanely destroyed. The court is to review the record and apply its independent judgment to determine whether the decision of the administrative hearing officer is adequately supported. “When a trial court applies the independent judgment test in reviewing an administrative agency decision, it determines whether the agency's findings are supported by the weight of the evidence (CCP § 1094.5(c)). This is a kind of limited trial ...

Excerpt: ...t Solar Marketing, Inc. (“Solar”) and defendants Orpheus and Dora Renteria Haywood (“the Haywoods) that provided for Solar to install a solar energy system at the Haywoods' residence at a cost of $48,000. After Solar installed the solar energy system at the Haywoods' residence, the Haywoods refused to pay Solar for the work performed and demanded that Solar perform work not included in the terms of the contract. Solar responded with this pr...

Excerpt: ...y 14, 2019 at 8:30 am; dept. 2. Plaintiff's counsel is to appear and advise the court of the current status of 18 additional class member claims not included in the class notice. (Court-call is welcome) If all additional claims have been resolved within the $40,000.00 indicated in counsel's Supplemental Declaration filed February 6, 2019 the court is prepared to grant the motion as follows: The court preliminarily approved the terms of the settle...

Excerpt: ...ood faith settlement A review of the Court's file indicates that all necessary parties have been given timely and proper notice of these motions. There has been no response to these motions. This is a construction defect action where the plaintiffs have agreed to accept the sums of $1,000.00 from cross-defendant San Joaquin Stairs, Inc., and $23,000.00 from Kennies Indoor Comfort Specialists, Inc. in exchange for a release of all claims arising o...

Excerpt: ... Defendants are Zoetis, Inc. and Nutrius, LLC who are the manufacturer and distributor of Bovatech, a feed additive for cattle. Calftech alleges that it had previously used the additive Rumensin, an antibiotic that is used to improve food efficiency and control coccidiosis in cattle. Calftech alleges that the defendants represented to it that Bovatech would effectively control coccidiosis, improve feed efficiency in the cattle, and was superior t...

Excerpt: ... paid Defendant $3,400,000.00 prior to any crop sales. Plaintiff asserts sales were less than the amount paid to Defendant and asserts Defendant is required to repay Plaintiff the sum of $499,631.37. Plaintiff's complaint is for breach of contract and related common counts. Defendant demurs asserting any written agreement contains no obligation for Defendant to pay any amount to Plaintiff and asserts to the extent there is any separate oral agree...

Excerpt: ...tion that the vehicle was towed at the request of the Visalia Police Department and that the tow was improper. The court notes that a summons was recently issued in this action on January 31, 2019 and no party defendants have appeared. It does not appear that R&R Towing is a party to this action. Plaintiff's application is procedurally deficient. Plaintiff has failed to adequately describe the vehicle in which he claims an interest. No license nu...

Excerpt: ...Institute, Inc. for Summary Judgment as to all causes of action asserted against moving Defendants; and (2) To Grant the Motion by Defendant Sequoia Surgery Center, LLC for Summary Judgment as to all causes of action asserted against moving Defendant. The Request for Judicial Notice by the Frank Feng, D.O. Defendants is granted. Plaintiffs' objections to the declaration of Timothy Watson, M.D. are overruled. Plaintiffs' objections to the declarat...

Excerpt: ... Alternative, Limiting the Depositions of Current and Former Out-of- State Employees. The parties are directed to meaningfully meet and confer in good faith to resolve this discovery dispute. If unable to resolve, the parties are directed to personally appear at the hearing for this discovery motion. No Court Call will be permitted for the hearing on his motion except to advise the court that this discovery dispute has been resolved. PLAINTIFF'S ...