Excerpt: ...lained below, that the petition must be denied. Accordingly, the court need not consider petitioner's request for attorney fees or costs, each of which, amongst other things, depend on Mora prevailing on the merits of h is p e t it io n . The DMV decision at issue occurred as a result of the following process defined in the Vehicle Code: First, the DMV received a sworn statement —a “21 and Older Officer's Statement” —from an officer who a...

Excerpt: ...le to (1) through (3) On January 22, 2024, the Plaintiffs filed a complaint . On April 19, 2024, the Plaintiffs filed a Motion for Reimbursement of Costs against (1) Team Eric Mora Real Estate, (2) Jaz Dhillon, and (3) Davis Manufactured Homes . There has been no proof of service filed for any defendant . Only (1) Defendant Team Eric Mora Real Estate has answered . Only (3) Davis Manufactured Homes has filed an opposition to this motion. Authorit...

Excerpt: ...t Parnell asserts a derivative cause of action for loss of consortium. Plaintiff initially sued Kaweah and Does 1 through 100 . Plaintiff thereafter amended the complaint to add Does 1 through 3 as follows: BASS Medical Group, Inc. (Sued as DOE 1), South Valley Vascular Associates, Inc., (Sued as DOE 2) and Joyce Lu, M.D., (Sued as DOE 3) (collectively “Defendants” hereinafter. ) Defendants move for summary judgment based on the following fac...

Excerpt: ...mplaint filed no later than ten (10) days from the date of this hearing. (1 ) Fa ct s On April 27, 2023, Plaintiff filed a complaint alleging that, on August 16, 2022, a vehicle struck and injured him as he was walking in a marked crosswalk. Plaintiff sued, amongst others, the City of Tulare. On July 5, 2023, the City filed an answer including immunity defenses under Government Code sections 815.2(b) and 820.8. The City now seeks to file an amend...

Excerpt: ...urt need not consider petitioner's request for attorney fees or costs, each of which, amongst other things, depend on Mora prevailing on the merits of his petition. The DMV decision at issue occurred as a result of the following process defined in the Vehicle Code: First, the DMV received a sworn statement —a “21 and Older Officer's Statement” —from an officer who arrested Mora in which the officer asserted he had reasonable cause to beli...

Excerpt: ...23, the parties mediated this matter and reached a resolution . On September 19, 2023, a notice of conditional settlement was filed indicating dismissal would occur December 15, 2023. No dismissal appears to have been f ile d . A formal written agreement was executed by the parties on October 19, 2023. Defendant Borges was to pay $30,000 no later than 60 days after Defendants' receipt of the executed settlement agreement and W -9 form from Plaint...

Excerpt: ...s no answer filed in the case. On August 5, 2015, the Defendants moved to set aside the default and default judgment. This Court granted the defendant's motion to set aside the default and default judgment because of attorney mistake, inadvertence, surprise, or neglect. On October 6, 2015, the Defendants demurred to the complaint. On November 23, 2015, the Plaintiff filed a notice of appeal of the Court's ruling to set aside the default judgment....

Excerpt: ..., amended complaint alleges causes of action for breach of contract based on a retail sales installment contract (“RISC”), open book, claim and delivery, and fraud . The Court notes that while the initiating complaint appears to have been served personally on Defendant Rose on August 20, 2023, Defendant has not appeared in t h is a c t io n . Plaintiff thereafter filed an amended complaint. Plaintiff also filed this application for writ of po...

Excerpt: ...ential unlawful detainer matter, involving property located at 492 West Meadow Drive #C Tulare, CA 93274 (“Subject Property”), the Court ordered service by publication on April 4, 2024. On May 1, 2024, default and default judgment were entered against Defendant. On May 3, 2024, the writ of possession was issued . On May 14, 2024, Defendant filed this ex parte motion for relief from default and to stay execution of the writ. In support, Defend...

Excerpt: ... CA 93247 (“Subject Property”), was filed April 2, 2024. On Ap r il 5 , 2 0 2 4 , P la in t if f f ile d p r o o f s o f s e r vic e in d ic a t in g s u b s t it u t e s e r v ic e o n Defendants D e n is a n d J e a n Bo n if illio v ia “J O H N D O E. Ag e : 4 0 ; Et h n ic it y : Caucasian; Gender: Male; Weight 225; Height: 5'1 0"; Hain Brown; Eyes: Brown; Relationship: CO OCCUPANT” at the Subject Property on April 5, 2024” ...

Excerpt: ...e complaint p urports, but does not actually, attach a Bill of Sale from Comenity Bank as Exhibit A. Comenity Bank appears to be the third party initial owner of the credit account at issue . On February 23, 2024, Defendant filed this motion to compel arbitration. The motion states that the “contract referenced in the complaint filed with the court contains a binding arbitration provision mandating that any and all disputes be r e s o lv e d in...

Excerpt: ...lement (Net Estimated: $109,509) The gross settlement amount is $270,000. Plaintiff estimates approximately 51 proposed Class Members, providing an estimated average payout of $2,147.23 per member. The Class Members consist of: all persons who have been, or currently are, employed by Defendant in California as hourly non- exempt employees during the period beginning February 10, 2019 through a date to be determined by the Co u rt The operative co...

Excerpt: ...m of costs prior to judgment being entered in this matter. Defendant filed its motion to strike costs exclusively based on the argument that a memo r a n d u m o f c o s t s is t o b e f ile d b y a p r e v a ilin g p a r t y “w it h in fifteen (15) days after the date of service of the notice of entry of judgment or ... the date of service of written notice of entry of judgment or dismissal, or within 1 8 0 days aft e r e nt ry of ju dgment, w...

Excerpt: ...sions of Defendant “Ervin Prieto” so that the judgment is against “Ervin Prieto” “R & P F a r m s ” “Er v in Ru d y P r ie t o ” a n d “Er v in R. P r ie t o . ” In support, Plaintiff's own declaration indicates that he utilized the name “Ervin Prieto” in the complaint filed in this matter because the name “Ervin Prieto” appeared on the underlying contract between the parties that formed the basis of t h is d is p u t ...

Excerpt: ...ger 435 tractor bearing product id e n t if ic a t io n number ZAF11829. Plaintiffs filed this action under claims of p r o d u c t lia b ilit y a n d n e g lig e n c e c la im s . On July 5, 2023, Defendant, CNH Industrial America LLC, filed their answer. On July 10, 2023, Defendant, Linder Equipment Co., filed their answer. On March 8, 2024, Defendant and moving party CNH Industrial N.V. filed this motion to quash. Authority and Analysis “Whe...

Excerpt: ...of $410, due no later than thirty (30) days from the date of this hearing . Fa ct s This is an action for breach of warranty, Song -Beverly, Consumer Legal Remedies Ac t , a n d Un f a ir Co m p e t it io n in v o lv in g a s o la r p u r c h a s e b y P la in t if f in 2 0 1 5 , various representations made thereof, and the assignment of Plaintiff's solar loan, and servicing o f Plaintiff's solar system, to various named Defendants, including De...

Excerpt: ... hearing for the purpose of scheduling a date for the mandatory settlement conference and a trailing date for continued h e a r in g o n p la in t if f Ta f t 's m o t io n . It appears, based on plaintiff Taft's pleadings and the prior records of this action, that Taft has already been provided with all the records he seeks in this action f r o m t h ir d -party Boston Scientific. Indeed, Taft contends there is no triable issue re ma ining on hi...

Excerpt: ...nt alleging that, on August 16, 2022, a vehicle struck and injured him as he was walking in a marked crosswalk. Plaintiff sued, amongst others, the City of Tulare . On July 5, 2023, the City filed an answer including immunity defenses under Government Code sections 815.2(b) and 820.8 . The City now seeks to file an amended answer that adds immunities under — Government Code sections 830.4, 830.6, 830.8, 831.4 and 835.4(b) . The City has include...

Excerpt: ...fied complaint . Defendant now brings a motion entitled “motion to sell real property.” The motion provides no statutory authority. The motion provides no documentary or testimonial evidence. The Court has only the arguments of counsel in the memorandum of points and autho rities which states “Defendant is agreeable” to the sale . In opposition, Plaintiff argues this motion is procedurally improper . Authority and Analysi s As noted above...

Excerpt: ... ve h ic le d r iv e n b y Defendant Tucker, causing Plaintiff's vehicle to stop on the roadway. Moments la t e r , P la in tiff's vehicle was struck a second time by Defendant Gonzales - Martinez . Defendant Gonzales -M a r t in e z s e e ks t o b if u r c a t e t h e t r ia l in t o lia b ilit y a n d damages phases under Code of Civil Procedure sections 598 and 1048(b) . In support, Defendant Gonzales -Martinez does not dispute that Plaintiff ...

Excerpt: ...iler accident. Defendants Sandoval Crespo and Herrera present the following facts in support of their theory on summary judgment that Defendant Lagula's conduct, described below, is a superseding cause under Schrimscher v. Bryson (1976) 58 Cal.App.3d 660 and prevents liability from attaching to these moving Defendants . At the time of the incident, Defendant Lagula was driving under the influence in violation of Vehicle Code section 23152 and thi...

Excerpt: ...val of class action and PAGA settlement, attorneys' fees, costs, enhancement award, LWDA payment and class certification for settlement purposes came on for hearing on April 22, 2024. The Court finds and rules as follows: On Mach 28, 2024, the settlement administrator Phoenix, through its Case Manager, filed a declaration detailing the following events. On January 23, 2024, the administrator received a mailing list of 265 potential class members ...

Excerpt: ...rved by substitute service or about March 16, 2024. On April 4, 2024, default judgment was entered and the writ of possession was issued . On April 15, 2024, Defendant Cortez filed this ex parte motion to set aside the default or stay the execution of the writ of possession . In support, Defendant notes no responsive pleading was filed because Defendant “talked to landlord and was told to send [money] through mail and we can stay in home so I s...

Excerpt: ...gligence by Defendant that resulted in sexual abuse by Gustavo Zamora, who served as the pastor at the church Plaintiff attended . Trial in this matter is set April 29, 2024 . O n Ap r il 1 2 , 2 0 2 4 , P la in t if f f ile d a m o t io n t o f ile a f ir s t a m e n d e d c o m p la in t . Th e hearing date for this motion is set June 4, 2024. On April 15, 2024, Plaintiff filed this ex parte motion to shorten time to hear the motion for leave t...

Excerpt: ...ry judgment . The motion for summary judgment was set for May 20, 2024. The City appears to recognize the issue with this hearing date and has filed this ex parte motion to “specially set a later hearing date” on the motion. As to the May 20, 2024 hearing date, counsel's declaration in support of the ex parte motion states “This office called the Court's clerk on April 4, 2024 to reserve a hearing on the MSJ. The latest date the clerk would...