Excerpt: ...ees, costs, and expenses. This award of attorney fees is based on lodestar attorney fees of $53,600.00 plus a lodestar multiplier of 0.5 for the Knight Law Group and a lodestar of $2,950.00 plus a lodestar multiplier of 0.5 for the law firm of Robinson Calcagnie, Inc. Plaintiffs shall also recover their costs incurred in the amount of $12,396.90 subject to defendant's motion to tax costs that will be heard on January 21, 2021. The Song-Beverly Co...

Excerpt: ...Complaint. (2) To Grant the Application of Michael A. Graziano to Appear as Counsel Pro Hac Vice. (1) Plaintiff asserts Defendant breached its account holder agreement by charging two fees during a single use of a third party automated teller machine – $1.50 for withdrawing funds and $1.00 to check the account balance. Plaintiff alleges only one fee is authorized under the agreement. Plaintiff asserts claims both individually and as representat...

Excerpt: ...thurton's first amended complaint. Defendant General Motors LLC's shall file its answer to the plaintiff Arthurton's first amended complaint within ten (10) days of this ruling. General Motors LLC's demurrer to Mr. Arthurton's first amended complaint In this action, Mr. Arthurton asserts causes of action for breach of implied warranty of merchantability under the Song-Beverly Warranty Act, breach of express warranty under the Song- Beverly Warran...

Excerpt: ... the alternative to deem matters admitted; (2) To grant in part and deny in part plaintiff Harriet Armstead's Motion to Compel Special Interrogatories, Set Two Plaintiff Harriet Armstead's Motion to Compel Responses, or in the Alternative to Deem Matters Admitted This is a personal injury case that arises out of an April 20, 2019 confrontation between plaintiff and a dog owned by defendant Tamara Lagomarsino. Plaintiff contends that she fell and ...

Excerpt: ...e to conduct this interview All parties were given proper notice of this matter. There has been no response to this motion. Defendant Allan moves this court for an order that compels plaintiff Angela Reynoso to submit to a clinical interview to evaluate the nature and extent of any physical injuries she sustained as the result of a traumatic brain injury that she attributes to the accident at issue in this case. The court notes that defendants ha...

Excerpt: ...tiffs' Complaint. Defendant mailed a form of judgment to Plaintiffs on September 9, 2020. The court signed the form of judgment on September 30, 3020 and judgment was filed the same day. Plaintiff now asserts they attempted to appear at trial via Zoom, but were unable to do so. The court normally only allows Zoom trial appearances by stipulation, which, in this case, the plaintiff had neither sought nor received. As will be detailed below, this c...

Excerpt: ...low. Plaintiffs should not submit the entire motion and initial declarations 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 ($2,000,000.00) The gross settlement amount is a figure not to exceed $2,000,000 Plaintiff estimat...

Excerpt: ... a personal care attendant for Patricia Kline. In October 2020, Patricia Kline passed away. Defendant Gerald Kline remains in possession of the premises despite the plaintiff's demand that Mr. Kline vacate. Plaintiff has requested confirmation of Ms. Kline's date of death and a copy of her death certificate. But to date, the Kline family has not provided any evidence that Ms. Kline has indeed passed away. Moreover, plaintiff conducted an internet...

Excerpt: ... medical negligence. In the original complaint the only named defendant was Kaweah Health Care District. The “Doe” defendants 1-25 were named as fictitious names and plaintiff contended that he could not identify the true names of these Doe defendants when he filed his original complaint. On November 15, 2019, plaintiff served a “Notice of Intention to Commence Suit” that identified both Optimal Health Services and Optimal Home Health Car...

Excerpt: ..., the parties entered into a Settlement Agreement that obligated defendant to pay $10,000.00 to plaintiff in monthly payments of $200.00. These monthly payments were to begin on September 15, 2020. Plaintiff's counsel Adam B. Stirrup states in his declaration that defendant has not paid any of the monthly payments. No opposition to the motion has been filed. The terms of this settlement were memorized in a February 28, 2020 “Settlement Agreemen...

Excerpt: ...ng out of a credit card obligation where plaintiff Capital One Bank pleads causes of action for breach of contract and common counts. On February 5, 2019, the parties entered into a Settlement Agreement that obligated defendant to pay $12,040.11 to plaintiff in monthly payments of $325.00 beginning on the 16th day of every month until the debt has been paid in full. This settlement agreement reserved the right to plaintiff to move the court under...

Excerpt: ...adjudication were separately filed in each case. On November 22, 2020 the court entered its order consolidating the cases for purposes of summary adjudication. The subject motions arise out of two separate actions arising out of the treatment of John Torrez III. The first action (VCU268786) was a medical negligence claim and included a loss of consortium claim by spouse Bernadette Torrez. The action was filed in March 2017 and alleged damages fro...

Excerpt: ...No. VCU276661 filed December 18, 2018. The prior action was not served until Plaintiff filed its First Amended Complaint on July 31, 2019. The prior action was brought by the City of Corcoran against Curtimade Dairy asserting causes of action for public nuisance, trespass, negligence, and unlawful business practices. Both the prior action and the subject action involve disputes between the parties over alleged contamination of city water wells fr...

Excerpt: ...mand for production of documents. Claimant Ricky Lynn Serrate shall provide full and complete verified responses to these interrogatories and document requests without objection within thirty days from notice of this ruling. Claimant Ricky Lynn Serrate shall also pay monetary sanctions to AAA's counsel in the amount of $472.50 within thirty days from the notice of this ruling. The Court notes that these discovery motions were timely noticed and s...

Excerpt: ...ntiff shall provide full and complete verified responses to these discovery requests without objection to defendant's counsel later than 20 days from the date of notice of this ruling. Mr. Souza and his counsel shall also pay monetary sanctions to defendant's counsel in the amount of $560.00 no later than 30 days from the date of notice of this ruling as per CCP §2023.030 (a) and CCP §2030.290(c) The Court notes that these discovery motions wer...

Excerpt: ...urther the construction of the State's high speed rail project. Negotiations between the parties resulted in a stipulation and order that the court entered on January 28, 2020. This stipulated order imposed a duty on the parties to cooperate and collaborate and undertake the necessary steps required to enable the State of California to acquire the portion of the defendant's property that it seeks to obtain. The State contends the defendant has no...

Excerpt: ...efendant's Motion for Summary Adjudication of Plaintiff's Third Cause of Action for Negligence. (1) On October 30, 2020 the court issued its initial order for a visual inspection of Defendant's property. As part of its order, the court set a further hearing on Plaintiff's motion. There is no additional tentative ruling. The parties are directed to appear prepared to address the status of the preliminary inspection and be prepared to discuss any f...

Excerpt: ... shall pay all fees and costs required by JAMS to initiate a consumer arbitration proceeding. In his Complaint, Plaintiff asserts he purchased a used motor vehicle and that the seller failed to disclose prior structural damage as a result of which Plaintiff suffered damages. Plaintiff asserts the purchase was made in accordance with a written agreement which contains an arbitration provision. Plaintiff has named as Defendants the seller, sellers ...

Excerpt: ...at Defendant is entitled to recover its reasonable attorneys' fees and costs for bringing its Special Motion to Strike as to these claims. In its prior ruling on September 17, 2020, the court, on the merits, denied Defendant's Special Motion to Strike as to Plaintiffs' claims for breach of contract and for inverse condemnation. The motion as to Plaintiffs' claims for malicious prosecution, abuse of process, and violation of civil rights was made ...

Excerpt: ...'s motion was initially heard on June 25, 2020. The motion as it relates to summary adjudication of Plaintiff's product liability claim (Plaintiff's Second Cause of Action) was continued to August 20, 2020 to enable Plaintiff to conduct discovery related to the elevator in which Plaintiff alleges she suffered injury. The court invited supplemental opposition from Plaintiff and a reply from Defendant. Plaintiff submitted her opposition documents o...

Excerpt: ...ty Act because Plaintiff's vehicle does not fall under the definition of Civil Code 1793.22(e)(2) Defendant asserts the vehicle was purchased for business purposes and asserts the weight of the vehicle exceeds 10,000 lbs. Under these facts, the vehicle would not be subject to the protections of Song-Beverly. Plaintiff disputes the vehicle weight asserted by Defendant. Civil Code 1793.2(e)(2) defines a vehicle covered under Song-Beverly as follows...

Excerpt: ...ction. On May 21, 2020, plaintiff amended his complaint to identify defendant Optimal Health Services as DOE 3. Optimal answered plaintiff's complaint on July 1, 2020. On July 27, 2020, counsel for Optimal learned that plaintiff served Optimal with a Notice of Intention to File Suit on November 15, 2019 that identified Optimal by name and demonstrated that the plaintiff was aware of its identity before filing his complaint. Optimal now seeks leav...

Excerpt: ...ion, the court generally accepts the facts as stated in Mr. Sidharaju's moving papers. This is an action brought by Krishnaswamy Sidharaju for the dissolution of corporate defendant SafeFarms, Inc., the appointment of a receiver, and an accounting of the corporation. Mr. Sidharaju's case is consolidated with an action brought by Angel Carrasco for breach of contract, unjust enrichment, common counts, breach of duty of loyalty, equitable accountin...

Excerpt: ...Plaintiffs' First Amended Complaint. Defendant shall file its answer to the First Amended Complaint within ten (10) days of this order. Plaintiffs assert causes of action for wrongful death based on negligence, negligence per se, intentional tort. Plaintiffs also assert claims for punitive damages. Defendant demurs to all causes of action and moves to strike the punitive damages allegations. For purposes of a demurrer all properly plead facts and...

Excerpt: ...ol District campus and her mother, assert claims for damages based in negligence, negligent hiring and supervision, and misrepresentation for a pattern of sexual abuse of the minor by a teacher. Defendant demurs to the Third Cause of Action for Misrepresentation and demurs to the complaint generally for failure to state a statutory basis for liability. For purposes of a demurrer all properly plead facts and those reasonably arising by implication...