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

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: ...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...