Excerpt: ... To grant plaintiff's motion to compel further responses to plaintiffs' form interrogatories 13.1 and 13.2 (set two) propounded to defendant Helena Agri-Enterprises, LLC. Defendant Helena shall provide a full and complete verified amended response without objection no later than thirty days from the date of this ruling. (2) To grant in part and deny in part plaintiff's motion to compel further responses to Item #9 of plaintiffs' request for produ...

Excerpt: ... for a second time the moving papers and declarations that are already on file with the court. This is a PAGA action where the parties have reached a settlement of $190,000. Seventy-five percent of the net settlement amount shall be distributed to the LWDA consistent with the Settlement Agreement and the remaining 25% paid to the aggrieved employee to be determined by dividing the number of pay periods he or she worked during the PAGA period by t...

Excerpt: ...ng the settlement. 1,185 notices were mailed. 11 notices remain undeliverable. As of May 14, 2021, the claims administrator had received no objections or requests to opt out of the settlement from class members. Class members had until May 24, 2021 to object or opt out. Plaintiff's counsel shall appear at the hearing if any objections to the settlement were received between May 14th and May 24th. On February 18, 2021, the court granted preliminar...

Excerpt: ...d verified responses without objections to Form Interrogatory 17.1 and Requests for Admission Nos. 5 and 6 no later than 30 days from the notice date for this ruling. Defendant Ivany shall also pay monetary sanctions in the amount of $560.00 to plaintiff's counsel under CCP §2023.030(a); CCP §2030.300(d) and CCP §2033.290(d) no later than 30 days from the notice date of this ruling. All parties were given proper notice of this motion. There ha...

Excerpt: ... moves for summary judgment asserting his care and treatment of Plaintiff met the applicable standard of care. Moving Defendant also asserts Plaintiff's claims are time barred. 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...

Excerpt: ...ement under CCP 877 and 877.6. Proof of service in the file indicates notice of the motion was adequate. There has been no response to this motion. CCP § 877.6 affords the court with the discretion to determine whether a settlement reached by opposing parties in litigation is in good faith such that it is "within the reasonable degree of the settling tortfeasor's proportional share of comparative liability for the plaintiff's injuries" based on ...

Excerpt: ...on must be accepted as true. Couglas v. E. & J. Gallo Winery (1977) 69 Cal.App.3d 103, 114. 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...

Excerpt: ...the action titled Avila v. Cigna Health & Life Insurance Company and Does 1‐100, inclusive, Tulare County Superior Court Case No. VCU 284920. The Santiago case shall be deemed to be the lead case for these consolidated actions and all papers and things to be filed in these cases shall be filed in the Santiago case file. Counsel in the Santiago case shall be deemed to be lead counsel for this consolidated action unless otherwise agreed to by the...

Excerpt: ...fs signed separation agreements at the termination of their employment with defendant CVT, LLC that would release CVT from any of the causes of action that the plaintiffs raise in their complaint. Plaintiffs dispute the enforceability of these separation agreements but nonetheless stipulate with defendant CVT that the question of the enforceability of these separation agreements is a threshold issue that should be resolved before the parties proc...

Excerpt: ...onal service on Mr. Greenwood at the address where the nuisance exists and a forwarding address for Mr. Greenwood that the Postal Service provided to the City's process server, the City has been unsuccessful in its efforts to personally serve Mr. Greenwood. CCP §415.50 provides for the publication of a summons in a newspaper of general circulation in the county where the defendant is known or believed to reside. Publication of a summons under §...

Excerpt: ...aintiff should not submit the entire motion and initial declaration a second time. Insufficient information has been submitted as to various provisions of the settlement agreement for the court to make the merits evaluation required by Kullar v. Foot Locker Retail, Inc. (2008) 168 Cal.App.4th 116, 129. 1. Sufficiency of Amount of Settlement ($750, 000) The gross settlement amount is $1,046,264 00. Plaintiff estimates the total number of class mem...

Excerpt: ...sequent motion for preliminary approval is to be supported with only supplemental declarations to the present motion addressing the issues raised below. Insufficient information has been submitted as to various provisions of the settlement agreement for the court to make the merits evaluation required by Kullar v. Foot Locker Retail, Inc. (2008) 168 Cal.App.4th 116, 129. 1. Sufficiency of Amount of Net Settlement ($224,435) The gross settlement a...

Excerpt: ...main due and owing from Plaintiff relating to 2013 pecan crops. Defendant moves for summary judgment and alternatively, for summary adjudication of five (5) submitted issues. 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 p...

Excerpt: ...required of her under the agreement. Plaintiff seeks an order to enforce the settlement agreement under CCP 664.6. Plaintiff's prior motion was denied by the court, without prejudice for an insufficient showing that Defendant has refused to comply with the settlement terms. The settlement agreement relied on by Plaintiff provides that Defendant will convey her interest in the subject real property to Plaintiff in consideration for a payment of $4...

Excerpt: ...e verified responses to Form Interrogatory 12.1 to plaintiff's counsel no later than thirty days following the notice of this ruling. (2) To grant in part and deny in part plaintiff's motion to compel further responses to request for production of documents nos. 1, 3, 9, 37-54, and 60-65 as detailed below. As to those document categories where the court has indicated that a further response is required, defendant General Motors shall provide full...

Excerpt: ...were served on Plaintiffs' counsel by electronic mail on April 7, 2021. No opposition has been filed. Plaintiffs action asserts wage and hour violations against Defendant. Defendant proposes to assert additional affirmative defenses in its answer based on separation agreements executed by Plaintiffs. Defendant's proposed Cross-Complaint seeks affirmative relief based on the same purported agreements. Defendant has shown that Plaintiffs were aware...

Excerpt: ...gh his or her mistake, inadvertence, surprise, or excusable neglect. Application for this relief shall be accompanied by a copy of the answer or other pleading proposed to be filed therein, otherwise the application shall not be granted, and shall be made within a reasonable time, in no case exceeding six months, after the judgment, dismissal, order, or proceeding was taken.” This is a breach of contract action that arises out of defendant Elia...

Excerpt: ... to a mental examination by Deborah Crosswell, Ph.D. on April 29, 2021. Counsel shall coordinate the times and locations for these examinations. The court also directs that the provisions of CCP §2024.030 that set forth the time limitations to conduct expert discovery shall not apply as to Drs. Rubenstein and Crosswell. Defendants move this court for leave to conduct follow-up mental and physical examinations of the plaintiff Rey Moreno within t...

Excerpt: ...rst inspection demand seek the following records and writings –including electronically stored information and e-mails – as to the following topics: • Any internal analysis or investigation that Honda conducted that involved electrical defects as to the 2018 Honda Accord (Item #16); • Honda's decision to issue any notices, letters, campaigns, warranty extensions, technical service bulletins and recalls for the 2018 Honda Accord (Item #18)...

Excerpt: ...s, and a Toyota owned and operated by plaintiff Norma Lopez de Barrera. The collision between these two vehicles was severe enough to tear the rear step off the tractor trailer and declare the Toyota to be a total loss. As a result of the accident, plaintiff sustained injuries to her head, neck, back, and extremities that required multiple spinal injections, chiropractic therapy, and a consultation with a neurosurgeon. Liability in this case is c...

Excerpt: ...o 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 the nonexistence of any triable issue of material fact; if he carries his burden of production, he causes a shift, and the opposing party is then subjected to a burden of production of hi...

Excerpt: ... motion. The court has not received any opposition to this motion. On December 26, 2020, plaintiff Bob L. Sansom passed away. Plaintiff Loren Sansom, as the successor-in-interest of Mr. Sansom, now moves the court for leave to amend the complaint and convert the first cause of action for medical malpractice to a Survival Action for Medical Negligence brought by Loren Sansom. STANDARD OF REVIEW The court has discretion “in furtherance of justice...

Excerpt: ...ices' Motion for Judgment on the Pleadings; (2) To Grant Defendant Valley Careidence OPCO, LLC's Motion to Dismiss Plaintiff's Complaint; and (3) To Grant Defendant Abbas Hasnain, M.D.'s Motion for Summary Judgment. Plaintiff's action is for medical negligence based on allegations that Defendants' care and treatment of Plaintiff did not meet applicable standards of care. Plaintiff has been self-represented in this action since October 29, 2020. P...

Excerpt: ...endant Daniel Brown, D.O. was dismissed from this action with prejudice. As a result of the dismissal, Defendant's motion for summary judgment is rendered moot. (2) Plaintiff brings a medical negligence action. Defendant Echeverria, P.A. moves for summary judgment asserting Plaintiff's action is untimely and that Defendant's care and treatment of Plaintiff met all applicable standards of care. Summary judgment is granted when no triable issue exi...

Excerpt: ...hich occurred on March 15, 2019. The subject action involves the parties involved in the accident. The later filed case (VCL196074) involves the insurer of a vehicle involved in the collision. The insured is Jaime Rodriguez (the owner of one of the vehicles) who is not a party to the earlier action (VCU283426). Plaintiff/Cross-Defendant Jose Isabel Avelar Rodriguez opposes consolidation, joined by all other Plaintiffs. In opposition Plaintiff/Cro...