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: ...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: ... 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: .... 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: ... 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...

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: ... 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: ...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: ...he alternative motion as to the issue of vicarious liability under the doctrine of respondeat superior. In this action, Plaintiff seeks recovery for Workers' Compensation benefits paid to its insureds as a result of a motor vehicle accident which occurred on July 1, 2016. Plaintiff asserts Defendant Brian Adney was the driver of the vehicle which collided with Plaintiff's insureds. Defendant, Valley Ag Resources, LLC in the subject motion asserts...

Excerpt: ... to the plaintiff's complaint. The Court has not received any response to this motion. Plaintiff Crown Asset Management, LLC brings this action to recover on a delinquent credit card obligation owed to it by defendant Kelli D. Cather in the principal sum of $1,623.56 Plaintiff's complaint pleads causes of action for the common counts of account stated, open book account, and money lent. Defendant Cather's answer to Crown Asset Management, LLC's c...

Excerpt: ...submitted as to the basis of the settlement amount for the court to make the merits evaluation required by Kullar v. Foot Locker Retail, Inc. (2008) 168 Cal.App.4th 116, 129. Plaintiff estimates a class of 380 members. The settlement agreement does not require class members to submit a claim to receive a distribution. Plaintiff provides no estimate of the total value of asserted wage and hour claims. Plaintiff should provide a detailed factual ex...

Excerpt: ...nse to this motion. This is a construction defense action based on the homeowners' alleged defects in homes in the South Cameron Creek and Olde Arbour development in Visalia. Defendant-Cross Defendant McMillin Homes was the developer and general contractor for these projects. McMillin hired subcontractors to perform the work on the homes in these project, including McClure Door, Inc. dba Central Valley Overhead who would supply and install garage...

Excerpt: ...e From Plaintiff to Defendant City of Tulare's Demurrer to Plaintiff Cramer's Complaint.” The court notes that the previous demurrer by the City of Visalia Defendants was sustained, with leave to amend on May 23, 2019. For purposes of a demurrer all properly plead facts and those reasonably arising by implication must be accepted as true. Couglas v. E. & J. Gallow Winery(1977) 69 Cal.App.3d 103, 114. An exception, however, is that the general r...

Excerpt: ...�� Civil – at her address as stated in the moving papers for this matter. This order shall be deemed effective when a proof of service on plaintiff Elyssa Seth has been filed with the court. The court finds that moving parties Ricardo Y. Merluza and Antony A. Thomassian of Merluza Law have complied with the provisions of California Rule of Court 3.1362 The supporting declaration of attorney Ricardo Y. Merzula states that there has been an irrev...

Excerpt: ... to the discovery requests were waived. (CCP 2030.290(a) and CCP 2031.300(a).) Plaintiffs provided untimely responses, each of which contain boilerplate objections. By this motion, Plaintiffs seek relief from the objection waiver. Defendant asserts discovery was propounded in February and responses were due by March 18, 2019. Plaintiffs assert they are in “substantial compliance” with the requirements of the discovery act because responses we...

Excerpt: ...s Compromise as to minor plaintiff Steven Zwiderweg had been approved. Plaintiffs now seek to vacate this dismissal. Defendant has filed a “non-opposition” to Plaintiffs motion. CCP §473(b) states in relevant part that: Notwithstanding any other requirements of this section, the court shall, whenever an application for relief is made no more than six months after entry of judgment, is in proper form, and is accompanied by an attorney's s...

Excerpt: ...ny time from February 15, 2009 to January 11, 2019. Plaintiffs submit the following settlement terms for preliminary approval as per Kullar v. Footlocker Retail (2008) 168 Cal.App.4th 116, 129: The proposed gross settlement amount (GSA) is $550,000.00. From this $550,000 the proposed deductions are: (1) a maximum of attorney fees of $183,333.33, (3) a maximum of $35,000.00 in litigation costs; (3) Enhancement payments of $5,000.00 each to the two...

Excerpt: ...t seq. Plaintiff's moving papers were filed on April 16, 2019. Plaintiff has not filed a proof of service to show Defendant R&R Towing has been served with the motion. Because the Defendant has not appeared, personal service is required. (CRC 3.1150.) Additionally, Plaintiff has not sought or obtained an order to show cause which is required where the Defendant has not yet appeared. Although not properly captioned and although confusingly written...

Excerpt: ...ction defect action where the plaintiffs have agreed to accept the sum of $4,000.00 from cross-defendant M&B Carpentry in exchange for a release of all claims arising out of M&B Carpentry's work on the properties at issue in this action. 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 to...