Excerpt: ...arty should be prepared to address the date counsel met and conferred and why it selected a hearing date three and a half months from filing when earlier dates were available on the court's reservation system. Defendant's answer shall be filed and served within 10 days. Discussion In this landlord‐tenant habitability case, Plaintiffs allege causes of action for: 1) violation of Civil Code § 1942.4; 2) tortious breach of the warranty of habitab...

Excerpt: ...12/23/19) 2. Petition to approve compromise of pending action (minor, with special needs trust) (filed 12/24/19); TENTATIVE RULING 1. Plaintiffs' motion to seal the Petition is GRANTED. The court also orders the unredacted version of the Order approving the compromise be sealed and a redacted version be filed in its place. 2. Re minor's compromise: SUBJECT TO HEARING AND PERSONAL APPEARANCE THEREON by the guardian ad litem/Plaintiff (CRC 7.952(a)...

Excerpt: ...quire whether the parties are amenable to advancing the 3/19/20 CMC to this date. Discussion This is a two‐plaintiff wrongful eviction case from a duplex occupied by Plaintiffs who no attempt to allege IIED in the third cause of action, prompting the defendant landlord's demurrer. Defendant argues that Plaintiffs do not allege facts that (1) Defendant's conduct was outrageous; or (2) Plaintiffs' purported emotional distress was severe. The cour...

Excerpt: ..., Plaintiffs' Request for Default Judgment form CIV‐100, and declarations of Hines and Spurgeon. Proof of service (POS) of these documents was not filed until 2/24/20. After receipt of this POS, the court has reviewed the instant request. The court docket does reflect the following documents were filed as of 1/16/20: 1. Request for Entry of Default/Court Judgment (CIV‐100) (2 pages only; amounts and balance as to Veale only, not Surfaces U.S....

Excerpt: ...Rafael G. Cunanan and Socorro Cunanan's motion for summary judgment/adjudication is DENIED. Discussion Plaintiffs Rafael G. Cunanan (“Rafael”) and Socorro Cunanan (“Socorro”) (collectively “Plaintiffs”) move for summary judgment on the first amended complaint or, in the alternative, summary adjudication of the 1 st – 8th causes of action in the first amended complaint. Procedural issues There may be a notice issue with both moving a...

Excerpt: ...r on grounds of uncertainty is OVERRULED except as noted below. The demurrer to the 3 rd through 13 th causes of action is sustained with leave to amend. The motion to strike is granted in part and denied in part, as follows: (1) “Irrelevant material:” a. Deny as to Paragraphs 3 and 38 (regarding habitability statutory provisions); b. Grant as to Paragraphs 21‐21 (regarding alter ego allegations) with leave to amend; c. Grant as to Paragrap...

Excerpt: ...arvest Management Sub LLC, Harvest Facility Holdings LP, Holiday AL Management Sub LLC, and Scott Wilson) TENTATIVE RULING Defendants Saving Grace Care LLC, Sandra Duenas, and joining Defendants Jon R. Pierson, Harvest Management Sub TRS Corp., Harvest Management Sub LLC, Harvest Facility Holdings LP, Holiday AL Management Sub LLC, and Scott Wilson's Motion to Strike Plaintiff's request for punitive damages is GRANTED with leave to amend. See ins...

Excerpt: ...t. 11, Spring Street Courthouse). As a result, Judge Ongkeko had not reviewed this file earlier. Having reviewed this file for the hearing this date, Judge Ongkeko now makes the following disclosure: Judge Ongkeko discloses that he knows Charles Mathews on a professional basis. Judge Ongkeko does not socialize with Mr. Mathews. Around approximately early to mid‐2002, while closing cases at his then‐firm (Collins, Collins, et al.) and prior to...

Excerpt: ...Properties, The Sterling Family Trust, and Susan Robman's demurrer to the third cause of action of the complaint is OVERRULED. Defendants' demurrer to the fifth cause of action is SUSTAINED with leave to amend. See instructions/order on last page re leave to amend. Defendants Sterling and Robman's demurrer is OVERRULED. Defendants' motion to strike Plaintiff's complaint as to paragraph 66 and page 15, line 8 is MOOT based on the ruling on the dem...

Excerpt: ...ainant Global Aviation Resources, Inc.'s First Amended Cross‐Complaint is denied in its entirety. Allflight shall file and serve its answer to the FAC within 10 days. Discussion This action arises out of a denied warranty coverage claim by Plaintiff Unical Aviation, Inc. ("Plaintiff") for a defective Fan Inlet Diffuser Housing (“FIDH”) part for a Boeing 777. Plaintiff purchased the FIDH from Defendant Global Aviation Resources, Inc. (“Glo...

Excerpt: ...ney's fees is GRANTED in part; DENIED in part. Reasonable attorney's fees are awarded in favor of Plaintiffs in the amount of $29,837.50. Costs and expenses are addressed concurrently in connection with Defendant's motion to tax costs. 2. Defendant's motion to tax costs is GRANTED in part. Plaintiffs' costs are reduced by $369.67. The court awards costs in favor of Plaintiffs in the amount of $3,928.77. 3. The parties' respective evidentiary obje...

Excerpt: ...T AMENDED COMPLAINT PERTAINING TO PUNITIVE DAMAGES AND ATTORNEY FEES (both filed 1/10/20) TENTATIVE RULING Defendant's demurrer to the first cause of action is sustained without leave to amend. Defendant's demurrers to the second, third, fourth, sixth, and eighth causes of action are overruled. Defendant's motion to strike punitive damage claims is denied. Defendant's motion to strike the claim for attorney's fees at lines 4, 8, 12, and 16 on pag...

Excerpt: ...efendant Radix's motion for leave to file a cross‐complaint is GRANTED. A stand‐alone version of the cross‐complaint shall be filed forthwith. The cross‐complaint is deemed served this date on all parties served with the motion. A responsive pleading shall be filed and served within 15 days. Discussion Here, Radix contends that its cross‐complaint arises out of the same incident alleged in Plaintiff's complaint. Radix argues that becaus...

Excerpt: ...rety. Defendant Hyundai Motor America's motion to strike is DENIED. Defendant shall file and serve its answer within 10 days. Note to counsel: To avoid another appearance on 3/19/20, if the parties agree, the court is prepared to advance the Case Management Conference to this date and set the matter for trial (approximately late Jan. or early Feb. 2021). Discussion In this lemon law case, Defendant filed its demurrer to Plaintiff's complaint on g...

Excerpt: ...t, against Plaintiff, on all causes of action. It was further ordered that “the Lis Pendens previously filed and/or recorded by Plaintiff” be expunged. The judgment states that Defendant is entitled to the recovery of attorney's fees and costs as provided by statute against Plaintiff. Defendant timely filed his memorandum of costs, seeking, inter alia, recovery of attorney's fees in the amount of $48,019.60. Plaintiff now moves for an order t...

Excerpt: ... served a proposed judgment which the court intends to file after entering the total of fees and costs awarded ($41,574.33). Discussion Plaintiff moves for attorney's fees as the prevailing party on summary adjudication on the 2 nd, 4 th, 5 th, and 7th Causes of Action against Defendant Paul Korver. Plaintiff moves on the ground that the agreements entered into by Defendant provide for the recovery of attorneys' fees and expenses. Civil Code § 1...

Excerpt: ...f errata filed). Defendants' motion is DENIED. DISCUSSION In this legal malpractice action, Robert Clark “Sonny” Wood II and Access Medical LLC (collectively “Plaintiffs”) retained Gordon Rees Scully Mansukhani LLP, fka Gordon & Rees LLP (“GRSM”), John Phillips, and Wild, Carter & Tipton (collectively “Defendants”) to represent Plaintiffs in connection with a case in the Fresno Superior Court—Ted Switzer v. Flournoy Management, ...

Excerpt: ... as successor by acquisition of both Krylon Products Group and Valspar Corporation); Masterchem Industries LLC; and Sunnyside Corp. Opposing parties: Plaintiffs William Dwight Touchberry and Laurie Touchberry TENTATIVE RULING Defendant's motion to transfer is DENIED. Defendants Wal‐Mart, Union Rubber Inc., The Sherwin‐Williams Company, Masterchem Industries LLC, and Sunnyside Corporation's joinder requests are denied as MOOT. DISCUSSION Summa...

Excerpt: ...motion to quash Plaintiff's deposition subpoena is GRANTED. Discussion Defendants Desmond and Board move for an order quashing the subpoena or, alternatively, limiting the deposition subpoena for production of business records that Plaintiff served on Inspectors of Election LLC. The motion is unopposed. ANALYSIS When a subpoena has been issued requiring the attendance of a witness or the production of documents, electronically stored information,...

Excerpt: ...ADMISSIONS (SET 1) AGAINST JULIO R. SALAZAR; REQUEST FOR MONETARY SANCTIONS IN THE AMOUNT OF $1,904.00 AGAINST DEFENDANT JULIO R. SALAZAR AND HIS COUNSEL OF RECORD (filed 11/18/19) TENTATIVE RULING (1) Plaintiff's motion to compel further responses to Special Interrogatories (Set 1) is:  DENIED as to Special Interrogatories 1‐34, 48‐81, 95‐12; and  GRANTED as to Special Interrogatories 35‐47, 82‐93, 129‐140. (2) Plaintiff's moti...

Excerpt: ...,712.00 $2,902.10. COSTS: $1,666.00 TOTAL: $133,614.10 SUMMARY OF CASE On November 6, 2018, Plaintiffs Li Zhenwei and James Elaine filed this lawsuit against Defendants Adarsha Benjamin and More and More and, LLC, dba MAMA Gallery for: C/A 1: Breach of Written Contract C/A 2: Wrongful Detention C/A 3: Open Account / Unjust Enrichment C/A 4: Account Stated C/A 5: Money Damages (Bounced Check) C/A 6: Promissory Fraud C/A 7: Conversion C/A 8: Illega...

Excerpt: ...STAINED as to 3‐9, 11‐12. Defendant's motion for summary judgment is DENIED. Discussion Plaintiffs Geripsa Molina and Rosa Molina (minor by Geripsa Molina as guardian ad litem) sue Defendant Walgreen Co. for claims arising from Defendant's employee's false accusation of merchandise theft. Defendant now moves for summary judgment asserting that the conduct of Walgreen employees is protected under the doctrine of Shopkeeper's Privilege (Penal C...

Excerpt: ...MINATING SANCTIONS (filed 12/24/19) TENTATIVE RULING Plaintiff's request for judicial notice is GRANTED. Defendants' objections and motion to strike portions of declarations and the RJN is DENIED. Defendant David's joinder to codefendants' opposition is GRANTED. Plaintiff's motion for terminating sanctions is DENIED. Defendant's request for monetary sanctions is DENIED. Discussion Before the court is Plaintiff Taylor's motion for terminating sanc...

Excerpt: ...vision (b). Defendants' motion to set aside default and default judgment is GRANTED, conditionally. Defendants shall pay Plaintiff and Plaintiff's counsel $3,500 in attorney fees for Plaintiff's counsel's work that could have been avoided were it not for Defendants' neglect. The payment must be received by Plaintiff's counsel no later than 15 days from the hearing date. The answer attached to the moving papers is deemed served on Plaintiff as of ...

Excerpt: ...34, 35, 36, and 37. Defendant Alliance's motion is DENIED as to:  Special interrogatory 39; and  Document requests 41, 42, and 44. Both requests for sanctions are DENIED. DISCUSSION On November 7, 2019, Defendant Alliance filed this motion to compel further responses. On November 25, 2019, Plaintiffs filed an opposition. On November 27, 2019, Alliance filed a reply. On December 6, 2019, the court continued the hearing to January 8, 2020. Su...