Excerpt: ...s motion. This is a construction defect action where the plaintiffs have agreed to accept the sum of $1,000.00 from defendant Visalia, and developer McMillin Homes, LLC, et al. (Developer) in exchange for a release of all claims arising out of Visalia's work on the properties at issue in this action and to dismiss their complaint against Visalia. Plaintiffs have also agreed to release the Developer from all liability arising out of the work perfo...

Excerpt: ...iencies that must be addressed before the petition could be granted. Plaintiff requested the hearing be continued and has filed a supplemental brief, supplemental declarations of class counsel Roman Ohtupman and class representative Rose Singh and the declaration of Michael Bui of Simplus, Inc. in support of the petition. The settlement of $197,500.00 is approved as plaintiff has in her supplemental request satisfied the following deficiencies in...

Excerpt: ...nse to this motion. This is a construction defect action where the plaintiffs have agreed to accept the sum of $1,800.00 from cross-defendant NICKY in exchange for a release of all claims arising out of NICKY's installation of concrete flatwork in five of the plaintiffs' homes in the development known as “Venue at Wyngate II, Impressions at Westpark Visalia, Willow Creek, Tanglewood, and Avalon” in Visalia. Plaintiffs have also agreed to rele...

Excerpt: ...ments. Defendants shall provide full and complete verified responses to these discovery requests without objection within 15 days from the notice of this ruling. The ruling on this motion will be stayed pending proof that the plaintiff has paid to the clerk of this court an additional $300.00 in filing fees. These additional filing fees are warranted because the plaintiff has consolidated six discovery motions into one pleading but has paid the f...

Excerpt: ...t award. The claims administrator mailed notice of the settlement to all 495 class members. No notices were returned by the post office. No objections or requests to opt out were received by the administrator. Plaintiff's moving papers are sufficient to establish the settlement terms are fair and reasonable under the circumstances. The court grants the motion for final approval under Code of Civil Procedure section 382 and California Rules of Cou...

Excerpt: ...sel. This is a “lemon law” automobile action under the California Legal Remedies Act (Civil Code §1750 et seq.) and the Song-Beverly Consumer Warranty Act (Civil Code §1790 et seq.) On July 13, 2018 the parties resolved this case with a settlement agreement dictated “on the record.” Included in the terms of this settlement agreement was a provision that attorney fees and costs would be determined by the court in response to a motion tha...

Excerpt: ...discovery requests. The Plaintiff and Defense Counsel are ordered to appear to address the Court's Order to Show Cause. At this August 1 hearing, the court directed plaintiff Elyssa Seth to personally appear before the Court on August 22, 2019 at 8:30 a.m. in Department 2 of this court to show cause why (1) this action should not be dismissed and sanctions of $1,000.00 imposed against plaintiff under CCP §2023.010(g), §2023.030(d)(3) §2030.290...

Excerpt: ...iff provide to the court information regarding distributions to non-parties sufficient to enable the court to satisfy its reporting requirements under CCP 384.5. On October 22, 2018, after several continued hearings, the court entered its order for preliminary approval of a class action settlement reached between the parties. Shortly after approval, Defendant asserts it suffered financial reversals which resulted in placement of 8 of its 9 operat...

Excerpt: ...d to do so. OPERATIVE FACTS The City of Woodlake (“The City”) moves this court for a nuisance abatement warrant as to property located at 472 Olive, Woodlake, California 93286. The City seeks this abatement warrant to enter and inspect this property and demolish any structures that currently exist on this property, and by so doing abate the nuisances found there. On October 6, 2016, and multiple times thereafter, the Code Enforcement division...

Excerpt: ...sel. This is a “lemon law” automobile action under the California Legal Remedies Act (Civil Code §1750 et seq.) and the Song-Beverly Consumer Warranty Act (Civil Code §1790 et seq.) On July 13, 2018 the parties resolved this case with a settlement agreement dictated “on the record.” Included in the terms of this settlement agreement was a provision that attorney fees and costs would be determined by the court in response to a motion tha...

Excerpt: ...discovery requests. The Plaintiff and Defense Counsel are ordered to appear to address the Court's Order to Show Cause. At this August 1 hearing, the court directed plaintiff Elyssa Seth to personally appear before the Court on August 22, 2019 at 8:30 a.m. in Department 2 of this court to show cause why (1) this action should not be dismissed and sanctions of $1,000.00 imposed against plaintiff under CCP §2023.010(g), §2023.030(d)(3) §2030.290...

Excerpt: ... demurrer. Plaintiff Isabel Valdez filed two documents on June 20, 2019 either or both of which could be her operative pleading. It is unclear what Ms. Valdez intends. Other persons are named as Plaintiffs in both documents and none have signed either pleading as a party plaintiff. The body of both pleading documents outline a number of criminal statutes and appear to demand that defendants be charged with criminal wrongdoing. Such relief is unav...

Excerpt: ...d Order for Monetary Sanctions; Tentative Rulings: (1) To grant plaintiff Central Valley AG Exports, Inc. motion to compel initial responses to special interrogatories, set one, from defendant York Canadian Grain Trading, Inc. This defendant shall provide full and complete verified responses to these interrogatories without objection within thirty days from the service of the notice of this ruling. (2) To grant plaintiff Central Valley AG Exports...

Excerpt: ...rties affected by this motion were given timely and proper notice. The Court has not received any response to this motion. This motion arises out a traffic accident where Intervenor Starstone National Insurance Co. paid workers' compensation benefits to plaintiffs Camilo Ortega Carranza and Mario Guillen who were employed by Starstone's insured Landscape Development, Inc. By virtue of its payment of workers' compensation benefits to Landscape's e...

Excerpt: .... in Department 2 of this court to show cause why (1) this action should not be dismissed under CCP §2023.010(g), §2023.030(d)(3) and §2031.300(c) based on his failure to fully comply with the Court's May 16, 2019 order, and (2) why sanctions payable to the Court under CCP §177.5 in the amount of $1,500.00 should not be imposed against Plaintiff Clayton Biewer and his counsel based on plaintiff's disobedience of the Court's May 16, 2019 order...

Excerpt: ....290(c), §2031.300(c) and §2033.290(c) based on her failure to fully comply with the Court's April 19, 2019 and May 23, 2019 orders, and (2) why sanctions payable to the Court under CCP §177.5 in the amount of $1,500.00 should not be imposed against Plaintiff Elyssa Seth based on plaintiff's disobedience of the Court's April 19, 2019 and May 23, 2019 orders. No CourtCall shall be permitted for this Order to Show Cause appearance. All parties w...

Excerpt: ...ris are sustained as to the “Kemp” debt and overruled in all other respects. Plaintiffs' objections to the declaration of Laura Kemp are sustained as to objection number 9 and overruled in all other respects. 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 a...

Excerpt: ...detailed a number of deficiencies which must be addressed before the petition could be granted. Plaintiff requested the hearing be continued and has filed a supplement in support of the petition. 1. Sufficiency of Amount of Settlement ($197,500.00) Further information is required. Plaintiff has provided additional information concerning the risks of further litigation including Defendant's potential defenses. However, Plaintiff has provided no in...

Excerpt: ... is any substantial evidence, or reasonable inferences to be drawn therefrom, in support of the verdict, the motion should be denied.” Hauter v. Zogarts (1975) 14 Cal.3d 104,110 BFR principally contends that John Cunningham's act of killing himself so far outweighs any “passive” failures on the part of BFR that the court must conclude as a matter of law that the negligence of BFR was not a substantial factor in causing Cunningham's death. B...

Excerpt: ...rom the notice of this ruling; (2) To grant defendant Maria Garcia's motion for leave to amend answer. Defendant Maria Garcia shall file her amended answer to plaintiff's complaint within ten days from the notice of this ruling. GENERAL ALLEGATIONS This is a collection action brought by plaintiff Collectibles Management Resources as the assignee of Skylife Ambulance for services provided by Skylife Ambulance. Mrs. Garcia handles the family's busi...

Excerpt: ..., 2019. Proof of service filed with the documents indicates Plaintiff was provided notice of the demurrer by mail on June 3, 2019. As on July 15, 2019, no response to the demurrer has been filed. By her Complaint, Plaintiff seeks to attack non-judicial foreclosure proceedings initiated by Defendants related to Plaintiff's property at 30781 Commercial Road, Visalia, California. Plaintiff purports to assert eleven (11) separate causes of action in ...

Excerpt: ...amy Sidharaju first supplemental interrogatory and first supplemental request for production of documents, and order that the allegations and facts set forth in Requests 31 through 35 of plaintiff's second set of requests for admission to defendant Carrasco be deemed admitted. Defendant Carrasco shall provide a full and complete verified response without objection to plaintiff Krishnaswamy Sidharaju's first supplemental interrogatory and first su...

Excerpt: ... General Partners LLC, and Guaranty Plus Properties, LLC (collectively the “Developer Defendants”) have agreed to accept the sum of $11,500.00 from cross-defendant Ladell in exchange for a release of all claims, including a waiver of Civil Code §1542 that would arise out of Ladell's work on the properties at issue in this action. The Developer Defendants have also agreed to release Ladell from all liability arising out of the work performed ...

Excerpt: ...iff and Cross-Defendants' Motion to Strike Second Amended Cross-Complaint. (1) The allegations of the Second Amended Cross-Complaint are sufficient for purposes of pleading to assert delayed discovery of Cross-Defendants' changes in the business of California Citrus Producers, Inc. giving rise to claims asserted for breach of contract and breach of the covenant of good faith and fair dealing. The pleading asserts the changes took place in 2013, b...

Excerpt: ... Complaint; and (2) To Deny the Motion by Defendant Tri-County Medical Transport, Inc. to Strike Allegations of the Third Amended Complaint. Defendant shall file its answer to the Third Amended Complaint within fourteen (14) days of this order. As noted by the court in rulings on prior demurrers, Plaintiffs' complaint is largely a boilerplate form complaint which appears to have been designed for an action against a long term care facility. No ca...