Excerpt: ...o Deny the Motion by Plaintiffs to advance the class certification hearing date. Defendant's objections to the Declaration of Daniel Kopfman are overruled. Defendant has sought and obtained over 100 settlement and release documents from its current and former employees. In addition, Defendant has sought and obtained over 100 declarations from its current and former employees which are prepared by Defendant's counsel, are essentially identical and...

Excerpt: ...act and negligence claims. Plaintiff also seeks to add a claim for punitive damages. The new claims are against Defendants Choice Drilling, Inc. and its president, Sean Pichinson. Defendants oppose the motion. Defendants assert that the Plaintiff's claim that amendment is needed due to “new information” is false. Defendant contends Plaintiff had all information relied on to support its fraud claims prior to filing this action. Defendants furt...

Excerpt: ...rds. See Warrick v. Superior Ct. (City of Los Angeles) (2005) 35 Cal.4th 55, 59-60 The party seeking the disclosure of peace officer personnel records must first file a Pitchess motion that identifies the peace officer, the agency in possession of the records, a description of the records, who is seeking the records, and the date and time for the hearing on this Pitchess motion. See Evidence Code §1043(b). and Penal Code §832.7. This Pitchess m...

Excerpt: ...ant's counsel, i.e., the failure of the secretary of defendant's counsel to post the jury fees as instructed by defendant's counsel. Defendant's counsel testified to this administrative error in his declaration filed in support of this present motion. Generally, the grounds upon which relief from the waiver of a jury trial are committed to the sound discretion of the trial court. But the right to a jury trial is constitutional in nature, and thus...

Excerpt: ... December 11, 2018. On February 21, 2020, the court granted Plaintiff's motion to amend its complaint. The First Amended Complaint was filed on March 10, 2020. Due in part to the amended pleading, the previously scheduled trial date was vacated. No date for trial is currently scheduled. The parties are to appear for a case management conference on the same day as the hearing on these motions – July 23, 2020. In its amended complaint Plaintiff a...

Excerpt: ...ccount, money lent, and money paid. The amount due and owing to Capital One Bank (as indicated in the allegations in the plaintiff's complaint is $2,200.00 On or about September 27, December 20, 2018, defendant Craig J Weisenborn agreed to settle this case for the payment of $2,200.00 to Capital One Bank in monthly installments of $150.00 on the 12th day of each month (beginning October 12, 2018) until this $2,200.00 was paid in full with a final...

Excerpt: ...t project. Plaintiffs in both actions are represented by the same attorneys. The same law firm represents Defendant in both actions. Defendant asserts the cases are in very different stages of litigation and that consolidation will prejudice Defendant. In the Saesee action, the court entered a Case Management Order on December 19, 2019. Pursuant to the order, a special master is overseeing the action which currently involves 18 homes. Defendant a...

Excerpt: ...st Cause of Action); and (3) to continue the hearing on the alternative motion as to Plaintiff's claims for product liability (Plaintiff's Second Cause of Action) to August 20, 2020 at 8:30 a.m. in Department 1. In the event oral argument is requested, CourtCall Appearances are permitted. Plaintiff alleges she suffered injury on or about April 15, 2017 as a result of an elevator malfunction. At the time of the accident, Plaintiff was an employee ...

Excerpt: ...noticed for hearing on April 16, 2020. The hearing was continued by the court pursuant to emergency orders to June 18, 2020. Prior to preliminary approval, the court is required to make a merits evaluation of the settlement terms. (Kullar v. Foot Locker Retail, Inc. (2008) 168 Cal.App4th 116, 129. 1. Sufficiency of Amount of Settlement Plaintiffs have submitted information including an explanation that damage estimates utilized by Plaintiffs in c...

Excerpt: ...r 17, 2019 and originally noticed for hearing on March 5, 2020. Hearing on the motion was continued by stipulation of the parties to June 11, 2020. Defendants' seek summary adjudication of Plaintiff's negligent hiring, training, supervision and entrustment claims asserted within the Second Cause of Action to Plaintiff's Complaint. Plaintiff opposes the motion. Plaintiff's evidentiary objections to portions of deposition transcripts numbered 1 thr...

Excerpt: ... admissible under CCP 2025.620. Grievance hearing testimony of Gary Kupfer, Mary Ann Cantu or Maggie Pruneda is not admissible under CCP 2025.620. The Position Statement by County of Tulare at the prior grievance hearing is not admissible under CCP 2025.620. Plaintiff seeks to utilize at trial eleven (11) of Defendants' videotaped depositions and/or prior sworn testimony (transcripts and/or audio recordings) from a grievance hearing in lieu of ca...

Excerpt: ...f Business Records of Wood Rogers; (2) To grant plaintiff City of Corcoran's Motion to Quash Deposition Subpoena for Production of Business Records of Jean E. Moran Jean E. Moran and Wood Rogers are consultants that plaintiff City of Corcoran retained to evaluate the nature and extent that the defendants contaminated the City's drinking wells. The deadline for the parties to designate their retained experts has not yet arisen and as such there ha...

Excerpt: ...Compel Plaintiff to Appear for Further Deposition and to order Plaintiff to appear for further deposition at a date, time, and location agreed to by the parties. Plaintiff shall pay to Defendant the sum of $500.00 as a monetary sanction. Sanctions are payable within ten (10) days of this order. (1) Plaintiff's motion was noticed for hearing on March 26, 2020. The motion was continued by the court pursuant to emergency orders to June 2, 2020. Proo...

Excerpt: ...tes from a review of its file for this action that all parties affected 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 Deutsch...

Excerpt: ...omplaint. Defendants' demurrer to plaintiffs' third cause of action is overruled. OPERATIVE FACTS Plaintiff Andrew Border is a sound engineer who does business as plaintiff ASB Soundworks, LLC. Up to and through October of 2019, plaintiffs provided sound equipment and engineering services for the Fox Theatre in Visalia. Defendant Escobedo became the manager of the Fox Theatre in 2019. In 2016, the Board of Directors at the Fox approved the plaint...

Excerpt: ... of the demurrer was adequate. No response to the demurrer has been filed. For purposes of assessing the sufficiency of the demurrer, the court assumes the truth of all well- pleaded facts. (Blank v. Kirwan (1985) 39 Cal. 3d 311, 318.) Also accepted as true are all facts that may be implied or inferred from those alleged. (Marshall v. Gibson, Dunn & Crutcher (1995) 37 Cal. App. 4th 1397, 1403.) In addition, relevant matters that are properly the ...

Excerpt: ...lia attempting to purchase dog food. Plaintiff was waiting in the only check-out line that was open at the time of the incident when a woman behind him in line accused him of being a sex- offender. Plaintiff was forcibly directed to another cash register by another employee, who stated that the woman behind him “was afraid of you.” Plaintiff completed his purchase while being monitored by the employee, and then this employee directed the plai...

Excerpt: ...0 mph. Mr. Sansom was able to ambulate on his own at the scene of the accident. Mr. Sansom was brought to the Kaweah Delta Medical Center Emergency Room at approximately 12:25 pm that same day. Defendant Nichole S. Atherton was the admitting physician at the KDHC Emergency Room at the time that Mr. Sansom arrived there. On May 24, 2018 at 4:54 p.m., an addendum authored by KDHC resident Aashini Shah noted that as to Mr. Sansom that “[w]hen righ...

Excerpt: ... injury action that arises out of a traffic accident. During the plaintiffs' depositions, testimony provided by the plaintiffs suggested that plaintiff Robert Aguilar has a claim for loss of consortium damages based on the injuries that his wife Lillian Aguilar sustained in the accident from which this lawsuit arises. Robert Aguilar now moves the court to amend the plaintiffs' complaint to add a loss of consortium claim to the damages that the pl...

Excerpt: ...iry, Inc. asserts a single cause of action for Declaratory Relief. Cross-Defendant City of Corcoran demurs asserting the pleading does not raise a cognizable request for declaratory relief. The court in its discretion may deny a claim for declaratory relief where it is not necessary or proper. (CCP 1061.) Any doubts as to the adequacy of a declaratory relief claim are to be resolved in favor of permitting the claim. (Warren v. Kaiser Found. Healt...

Excerpt: ...e. Defendant Hector Mendez-Alvarado is a professional driver who was operating a semi-truck through a construction zone at approximately 58-60 mph when he took his eyes off the roadway and collided with the plaintiff's automobile. Defendant took his eyes off the roadway to take something out of a “fridge” that he had installed in his semi-truck. There are presently no specific facts plead against defendant MGM Labor Contracting, Inc. in the p...

Excerpt: ...to the attorney-client privilege and to order Defendants precluded from utilizing these emails and to order portions of deposition transcripts referencing the subject emails be sealed; (2) To Grant Plaintiff's motion as to confidential closed-session information and to order portions of any deposition containing references to closed-session information be kept under seal pending further order of the court. Plaintiff provided documents responsive ...

Excerpt: ...BA International v. Mark Nakata et.al) that is currently pending in the Fifth District Court of Appeals. (the Fresno appeal) Except for orders that appear in the appellate court's file for this case, this court cannot take judicial notice as to the contents of documents in the appellate 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...

Excerpt: ...quate. No response to the demurrer has been filed. For purposes of assessing the sufficiency of the demurrer, the court assumes the truth of all well- pleaded facts. (Blank v. Kirwan (1985) 39 Cal. 3d 311, 318.) Also accepted as true are all facts that may be implied or inferred from those alleged. (Marshall v. Gibson, Dunn & Crutcher (1995) 37 Cal. App. 4th 1397, 1403.) In addition, relevant matters that are properly the subject of judicial noti...

Excerpt: ...intiff's Request for Judicial Notice is granted under Evidence Code §452(g) as to records obtained from the California Secretary of State. Defendants' Request for Judicial Notice is granted under Evidence Code §452(g) as to the fact that it is a public entity. As to the plaintiff's First Amended Complaint, defendant's Request for Judicial Notice is granted only as to the date of filing of the plaintiff's complaint in this present action. Except...