Excerpt: ... Sanctions; (3) Defendant Live Star Ambulance Company's Motion to Compel Production of Documents Set One Responses of Plaintiff Letitia Tuggle and Motion for Monetary Sanctions; (4) Defendant Live Star Ambulance Company's Motion to Compel Special Interrogatory Responses Set One of Plaintiff Letitia Tuggle; Motion for Monetary Sanctions; (5) Defendant Live Star Ambulance Company's Motion to Compel Special Interrogatories Responses of Plaintiff Let...

Excerpt: ... demurs to Plaintiff's First Amended Complaint asserting all causes of action are time barred. Although the caption of Defendant's demurrer includes a request for sanctions, the supporting declaration and other moving papers are insufficient to support the request as no amount is stated and no facts are provided to support any sanction amount. The sanction request is, therefore denied, without prejudice. For purposes of a demurrer all properly pl...

Excerpt: ... Various entities are referenced in Plaintiff's pleading: the National Grange, (the now unchartered) California State Grange, (the newly re-chartered) California State Grange, the California Guild, Elbow Creek Grange No. 733, and Elbow Creek Hall. Plaintiff asserts Defendant has attempted to disassociate itself from Plaintiff and has wrongfully attempted to divert the subject property from Plaintiff. Plaintiff asserts its claims have previously b...

Excerpt: ...d money paid. The amount due and owing to Discover Bank (as indicated in the allegations in the plaintiff's complaint is $5,800.00. On or about May 1, 2019, defendant Linda L. Green agreed to settle this case for the payment of $5,800.00 to Discovery Bank in monthly installments of $50.00 on the 28 th day of each month (beginning June 28, 2019) until this $5,800.00 was paid in full. The terms of this settlement were memorized in a written “Stip...

Excerpt: ...rovide waste solids to Plaintiff which complied with a permit issued by the State Water Board. Defendant asserts Plaintiff's claims are time barred for failure to present its Government Claim within one year from the date the claims accrued. Defendant asserts Plaintiff's claims accrued in 2015 which would be time barred. The complaint asserts that although Defendant was unable to provide permit compliant waste solids as required under the contrac...

Excerpt: .... Plaintiff shall file any amended complaint within ten (10) days of this order. In this action, Plaintiff asserts causes of action for breach of implied warranty, breach of express warranty, and fraudulent inducement – concealment related to their purchase in January 2016 of a new 2016 Chevrolet Silverado 1500 vehicle. Plaintiff has named as Defendants only the vehicle manufacturer, General Motors, LLC. Plaintiff has not asserted any claims ag...

Excerpt: ...tion for adjudication hearing is denied. (3) defendant's motion to strike order granting summary judgment dated 9/20/20 and 8/3/20 is denied; (Note: Def also filed a “Motion to Use Personal Electronic Devices” No tentative ruling will be published as per TCSC Local Rule 106 and Cal.R.of Ct. 3.150(d) that prohibit the recordings of court proceedings by electronic devices) (1) Defendant's motion to sanction plaintiff This motion consists only o...

Excerpt: ...sserts Plaintiff executed an enforceable arbitration agreement and seeks to compel Plaintiff to arbitration. Plaintiff argues the arbitration agreement is unenforceable because it is procedurally unconscionable. Plaintiff asserts the agreement was prepared by Defendant, that Plaintiff had no meaningful choice but to sign the agreement, and that it was essentially a “take it or leave it” condition of employment. It is Plaintiff's burden to est...

Excerpt: ...Visalia police officers who are the named party Defendants. The subject of the search warrant was Patrick Fuller. Plaintiff Atabeira Fuller is the spouse of Patrick Fuller. Plaintiff James C. Holland was also a resident at the home of Patrick and Atabeira Fuller, one of the properties searched by Defendants. The claims of Plaintiff Atabeira Fuller were dismissed on January 19, 2020. Defendants' motion relates to the remaining claims asserted by P...

Excerpt: ...aint within (10) days of this order. In this action, Plaintiffs assert causes of action for breach of implied warranty, breach of express warranty, and fraudulent inducement – concealment related to their purchase in December 2015 of a new 2016 GMC Sierra 1500 vehicle. Plaintiffs' have named as Defendant only the vehicle manufacturer, General Motors, LLC. Plaintiffs have not asserted any claims against the selling dealer. Defendant demurs to al...

Excerpt: ...r than thirty days from the date of this ruling. OPERATIVE FACTS On or about December 2. 2019, plaintiff Nationwide Acceptance LLC's counsel filed a default judgment packet with the court. Because of an error entered into the case management system of plaintiff's counsel, a request for dismissal was accidently generated as part of the default judgment packet that plaintiff's counsel filed with the court. Plaintiff now moves the court to vacate th...

Excerpt: ...eath, dependent adult abuse, and violation of the Bane Act (cruel and unusual punishment). Defendant contends the complaint fails to assert compliance with tort claim requirements. (State of California v. Superior Court (2004) 32 Cal.4th 1234.) Defendant also asserts it is immune from liability from Plaintiffs' claims. (Gov't. Code 815, 844.6; Towery v. State of California (2017) 14 Cal.App.5th 226; May v. County of Monterey (1983) 139 Cal.App.3d...

Excerpt: ...wenty days from the notice of this ruling. No monetary sanctions shall be imposed against plaintiff and her counsel because the circumstances that resulted in this motion render the imposition of sanctions unjust. This action arises out of a claim of alleged sexual abuse perpetrated on plaintiff by defendant Bryan Ferriera. The City of Visalia is a defendant in this action because it was the employer of Mr. Ferriera at the time of the sexual abus...

Excerpt: ...ubject to the conditions stated below. Plaintiff seeks to recover damages for severe injuries suffered in an automobile accident. Defendants/Cross-Complainants move to bifurcate the issue of course and scope of employment from other issues including apportionment of fault, and damages at trial. California courts have approved bifurcation of the course and scope issue. (Wank v. Richman & Garrett (1985) 165 Cal.App.3d 1103.) Whether the driver of t...

Excerpt: ... for inverse condemnation; continue the hearing on the Special Motion to Strike as to Plaintiffs' malicious prosecution, abuse of process, and violation of civil rights claims to November 19, 2020. Plaintiffs shall file further opposition (limited to the continued issues) by October 8, 2020. Defendant shall file a further reply by November 5, 2020. Plaintiffs' Complaint was filed on March 23, 2020 asserting causes of action for: 1) Malicious Pros...

Excerpt: ...thin ten (10) days of this order. (1) Defendants demur to Plaintiffs' breach of contract cause of action. Defendants' demurrer to Plaintiffs' prior pleading as to this cause of action was sustained with leave to amend. Defendants assert Plaintiffs have failed to cure the pleading deficiencies. For purposes of a demurrer all properly plead facts and those reasonably arising by implication must be accepted as true. Couglas v. E. & J. Gallo Winery (...

Excerpt: ...laintiffs shall provide a full and complete verified response without objections as indicated below within 30 days from the date of the notice of this ruling The Court further orders under CCP §2023.010; §2023.030(a) and §2030.290(c) that plaintiffs shall pay monetary sanctions to defendants' counsel in the amount of $7000.00 within thirty days from the hearing date of this discovery motion. Interrogatory 12.2 calls for the name, contact infor...

Excerpt: ...The court advised Plaintiff's counsel of deficiencies in Plaintiff's motion and continued the hearing to allow Plaintiff an opportunity to submit supplemental declarations to address the problems outlined by the court. Plaintiff filed supplemental declarations on August 17, 2020. The court preliminarily approved the gross settlement amount of $300,000.00. Distribution provisions of the settlement have been revised such that class members will rec...

Excerpt: ...tions to resolve the issues raised in these discovery motions. At the hearing for this motion, the court will inquire as to the efforts undertaken by the parties to meet and confer since this tentative ruling was published before a final ruling will be issued. If unable to resolve, the court recommends and encourages that the parties appear by CourtCall or other telephonic means so as to minimize their contact with the court, its staff, and oppos...

Excerpt: ...ctions. Plaintiff's action is to recover amounts allegedly overpaid to Defendant for leave benefits between January 2016 through June 2017. Overpayments were allegedly made due to an error by Plaintiff's employees which was not discovered for 18 months. Plaintiff asserts the overpayments over the period of 18 months total $49,332.46. Summary judgment is granted when no triable issue exists as to any material fact and the moving party is entitled ...

Excerpt: ...ability 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 on August 7, 2020. Defendant's reply was filed on August 14, 2020. It appears Plaintiff's inspection of the subject elevato...

Excerpt: ...e is the amount of those fees. The court determines the amount of “reasonable” attorney fees utilizing the “loadstar- adjustment” method. The court calculates the loadstar which is the number of hours reasonably spent multiplied by the reasonable hourly rate. (Serrano v. Priest (Serrano III) (1977) 20 Cal.3d 25, 48.) The loadstar amount can be adjusted based on factors such as contingent risk, novelty and complexity of the case, and resul...

Excerpt: .... These motions arise out of a settlement agreement between the parties that called for the defendant to pay to the plaintiff the amount of $47,500.00 with 10% interest per annum in monthly payments from February 24, 2020 through July 24, 2020. This settlement agreement reserved the right to plaintiff to seek a judgment under CCP §664.6 in the event of default. To date, defendant has paid only the February payment, leaving a balance due of $40,4...

Excerpt: ...ing for work and submitted job applications to Bath and Body Works, Tilly's Volcom, and Zumie's (See Exhibit “A” to the declaration of Sung “Sean” Kim, at p. 28, line 17 –page 29 line 26, etc.) The attorney representing Mr. Moreno (Sung “Sean” Kim) had only recently joined the law firm representing the plaintiff when he was assigned to prepare the plaintiff's case. When Mr. Kim was assigned the plaintiff's case, he was not aware of ...

Excerpt: ...ice is denied. Plaintiff's objections to the declaration of Ware Kuschner, M.D. are overruled. This is a medical malpractice action. Defendant submits 26 material facts in support if its summary judgment motion asserting Defendant met the applicable standard of care with regard to Defendant's treatment of Plaintiff's decedent. Defendant asserts Plaintiff's action must be dismissed for failure to comply with the requirements of the Government Tort...