Excerpt: ... Abuse under Welfare and Institutions Code §15610 et seq. and Trespass. Ms. Norton now moves the court for trial preference under CCP §36 because she claims to be 72 years old and the defendant is in his 80's. CCP §36(a) provides that “A party to a civil action who is over 70 years of age may petition the court for a preference, which the court shall grant if the court makes both of the following findings: (1) The party has a substantial int...

Excerpt: ...ndants Wathen Castanos Hybrid Homes, Inc., Skyview Crest LP, Skyview Crest Partners, LLC and Wathen Castanos Project General Partners LLC subject to approval by this court. In exchange for this $2,500.00 payment, these defendants agree to release any and all claims against Granite Hills in this action and to defend and indemnify Granite Hills against any direct claims that the plaintiffs assert against Granite Hills. CCP § 877.6 affords the cour...

Excerpt: ...n. This is a construction defect action where the plaintiffs have agreed to accept the sum of $10,384.62 from cross-defendant Fresno Precision Plastics, Inc., in exchange for a release of all claims arising out of Fresno Precision Plastics, Inc.'s work on the properties at issue in this action. Plaintiffs have also agreed to release Centex Homes from all liability arising out of the work performed by Fresno Precision Plastics, Inc. on the propert...

Excerpt: ...ate. No response to the demurrers has been filed by Plaintiff. At Case Management Conference on May 13, 2019, Plaintiff indicated he would be filing an amended complaint. 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 rule is limited to those material facts properly pl...

Excerpt: ...by the court on March 7, 2019. The court granted the motion. The court's order was filed on March 13, 2019. Plaintiff's current motion seeks to set aside and vacate the order due to extrinsic fraud. Plaintiff's motion to set aside and its supporting documents are insufficient to show Plaintiff failed to receive notice of Defendant's motion for pre-filing requirement or that Defendant's service efforts were improper or ineffective. In addition, Pl...

Excerpt: ...elief from default and default judgment under CCP 473(b). Defendant asserts she is entitled to relief on grounds of mistake, inadvertence, surprise and excusable neglect. Default was entered on February 6, 2019. Default Judgment was entered on February 15, 2019. Defendant's motion is brought within six months of default and default judgment and is, therefore, timely. With her moving papers, Defendant submits her proposed answer to the complaint a...

Excerpt: ...aintiff's current motion fails to address the deficiencies previously noted by the court. Defendant has not appeared in this action. Plaintiff has not filed with the court the written stipulation referenced in Plaintiff's supporting declaration (which would require payment of Defendant's appearance fees). Alternatively, Plaintiff has not sought entry of Defendant's default in this action. Plaintiff has failed to dismiss all Doe Defendants named i...

Excerpt: ... Special Interrogatories, Set One. Plaintiff shall provide further verified, written responses to special interrogatories numbered 4, 14, 17, and 19 within ten (10) days of this order. Plaintiff Connie Benitez is ordered to pay to Defendant Tri-County Transport, Inc. the sum of $800.00 as a monetary sanction. Sanctions are payable within ten (10) days of this order. Proof of service in the file indicates notice of the motion was adequate. No resp...

Excerpt: ...sagrees with Plaintiff's assertion that the clerk should attempt to reconcile the discrepancies and do the math to discover why Plaintiff's calculations differ on each document to lead to a correct total renewed judgment. In paragraph 5 of the application for renewal of judgment, Plaintiff should enter the following amounts: a. The total judgment as previously entered: b. The costs after judgment from the cost memorandum; c. Subtotal of a) and b)...

Excerpt: ...parte application and motion to stay action arises out this court's March 28, 2019 ruling that denied defendants Gary Kupfer, Mary Ann Cantu, and County of Tulare's motion for summary judgment-adjudication. These defendants assert that their intention is to seek writ relief from the Fifth District Court of Appeal as to this court's March 28 ruling. Defendants' request for a stay of this action until the Fifth District Court of Appeal rules on the...

Excerpt: ...r Judgment on the Pleadings are sustained. OPERATIVE FACTS On or about June 22, 2006, Laura C. Woomer executed a note in the amount of $211,000.00 (the "Note) and received a loan from Countrywide Home Loans, ("Countrywide"), with ReconTrust Company, N.A. ("ReconTrust") serving as the Trustee and MERS acting solely as a nominee for Countrywide and its successors and assigns. This note was secured by a deed of trust encumbering ...

Excerpt: ...enor”) class action seeks recovery from defendant Calftech Corporation for various alleged wage and hour violations. The parties participated in mediation and reached an agreement to settle intervenor's class claims. The class consists of 225 former employees of defendant who worked for the defendant from August 5, 2012 to January 18, 2019. The gross settlement amount is $500,000.00. If all of intervenor's requested deductions are approved, the...

Excerpt: ...CP §368.5 to bring this motion as the purchaser-assignee of a note and deed of trust previously held by Bill B. Long. This action involves three liens against a four-acre olive orchard. Bob's Petro Products' Lien was the most junior of the three lienholders. From late-December 2018 through February of 2019, Bob's Petro was negotiating with Mr. Long to acquire his senior lien on the property. On or about December 26, 2018, McGowan and Anderson su...

Excerpt: ...ontract agreement dated February 7, 2014. The agreement relates to a public works project known as the South Valley Animal Health Laboratory. Moving Defendant is the general contractor for the project. Plaintiff is a sub- contractor. The University of California is the owner of the project. Defendant Hartford Fire Insurance Company posted the payment bond for the project on behalf of Movant. By its Complaint, Plaintiff seeks recovery for addition...

Excerpt: ...us alleged wage and hour violations. The parties participated in mediation and reached an agreement to settle plaintiff's class claims. The class consists of 495 current and former employees of Defendant. The gross settlement amount is $800,000.00. If all of plaintiff's requested deductions are approved, the net settlement for distribution to class members would be $467,000. The Court is satisfied that plaintiff has sufficiently addressed the con...

Excerpt: ...w Crest LP, Skyview Crest Partners, LLC and Wathen Castanos Project General Partners LLC subject to approval by this court. This $31,000 sum is inclusive of indemnity and any contractual defense fees. In exchange for this $31,000 payment, these defendants agree to release any and all claims against Northstar in this action and to defend and indemnify Northstar against any direct claims that the plaintiffs assert against Northstar. CCP § 877.6 af...

Excerpt: ...rnia Rule of Court 3.1362(d) as to the service of the moving papers for this motion on the plaintiff and all other parties to this action. The Court has not received any response to this motion. The supporting declaration of Ricardo Y. Merluza establishes that the plaintiff Elyssa Seth has refused to cooperate with her counsel in the prosecution of her case, and has failed to respond to repeated inquiries from Mr. Merluza to contact him or his of...

Excerpt: ...c. to Plaintiff's Second Amended Complaint as to all causes of action, with leave to amend; and (2) to grant the Motion by Defendant Tri-County Medical Transport, Inc. to Strike Allegations of Plaintiff's Second Amended Complaint, with leave to amend. Plaintiff shall file any Third Amended Complaint within ten (10) days of this order. Plaintiff inexplicably continues to rely on what appears to be a form complaint designed for an action against a ...

Excerpt: ...her case management conference on May 14, 2019 prepared to schedule a new trial date. Where appropriate, pleadings may be amended at any stage of the litigation. Whether to permit amendment is within the sound discretion of the trial court. (CCP473(a)(1).) It is the policy of the courts to resolve all disputes between the parties in the same action. The court's discretion to permit amendment of pleadings is to be liberally exercised. (Nestle v. S...

Excerpt: ...ing in this matter addresses only the issue before the court and not whether the attorney/client relationship ends by way of operation of law at the conclusion of the case. The Court finds that moving party attorneys Mark A. Waller and David D. Schneider of Dowling Aaron, Incorporated have complied with the provisions of California Rule of Court 3.1362(d) as to the service of the moving papers for this motion on the plaintiffs. The Court has not ...

Excerpt: ...e dog to be humanely destroyed. The court is to review the record and apply its independent judgment to determine whether the decision of the administrative hearing officer is adequately supported. “When a trial court applies the independent judgment test in reviewing an administrative agency decision, it determines whether the agency's findings are supported by the weight of the evidence (CCP § 1094.5(c)). This is a kind of limited trial ...

Excerpt: ... Defendants are Zoetis, Inc. and Nutrius, LLC who are the manufacturer and distributor of Bovatech, a feed additive for cattle. Calftech alleges that it had previously used the additive Rumensin, an antibiotic that is used to improve food efficiency and control coccidiosis in cattle. Calftech alleges that the defendants represented to it that Bovatech would effectively control coccidiosis, improve feed efficiency in the cattle, and was superior t...

Excerpt: ...ood faith settlement A review of the Court's file indicates that all necessary parties have been given timely and proper notice of these motions. There has been no response to these motions. This is a construction defect action where the plaintiffs have agreed to accept the sums of $1,000.00 from cross-defendant San Joaquin Stairs, Inc., and $23,000.00 from Kennies Indoor Comfort Specialists, Inc. in exchange for a release of all claims arising o...

Excerpt: ...y 14, 2019 at 8:30 am; dept. 2. Plaintiff's counsel is to appear and advise the court of the current status of 18 additional class member claims not included in the class notice. (Court-call is welcome) If all additional claims have been resolved within the $40,000.00 indicated in counsel's Supplemental Declaration filed February 6, 2019 the court is prepared to grant the motion as follows: The court preliminarily approved the terms of the settle...

Excerpt: ...t Solar Marketing, Inc. (“Solar”) and defendants Orpheus and Dora Renteria Haywood (“the Haywoods) that provided for Solar to install a solar energy system at the Haywoods' residence at a cost of $48,000. After Solar installed the solar energy system at the Haywoods' residence, the Haywoods refused to pay Solar for the work performed and demanded that Solar perform work not included in the terms of the contract. Solar responded with this pr...