Excerpt: ...ves notice of intention to appear as follows: 1. You must call (209) 725-4240 to notify the court of your intent to appear. 2. You must give notice to all other parties before p.m. of your intent to appear. Per California Rules of Court, rule 3.1308(a)(1), failure to do both items 1 and 2 will result in no oral argument. Parties who contest the tentative ruling or wish to appear remotely at a hearing must contact the clerk of the court at (209) 7...

Excerpt: ...eemed conclusively admitted by Plaintiff Edwin Chuc and Plaintiff Angelica Chuc: (1) Admit you have no evidence that indicates Michael Wayne Harris was acting within the course and scope of any employment with Defendant Santa Paula Freevvll Baptist Church at the tme of the accident upon which this lawsuit is based. (2) Admit you have no evidence that indicates Michael Wayne Harris was acting within the course and scope of any service for Santa Pa...

Excerpt: ...ation of Plaintiff's Seventh Cause of Action asserting a PAGA claim. There appears to be no factual dispute that documents brought in support of the PAGA claim contained a reference to Jumpin' Jacks Pastrami, an entity that has no relationship to Defendant Adjoin, and that a letter was sent by certified mail, notwthstanding the caption in the latter "via electronic filing." Absent a factual dispute, the question presented is a matter of pure law�...

Excerpt: ...y, and Plaintiff Antonio Mendoza, in his individual capacity, submitted a written claim for injury allegedly suffered by Plaintiff Monica Mendoza, in her individual capacity, and Plaintiff Antonio Mendoza, in his individual capacity, pursuant to the Government Claims Act, Government Code sections 900 through 915.4, or facts establishing an exception or exemption thereto, is SUSTAINED WITH LEAVE TO AMEND. The unopposed Demurrer by Defendant Planad...

Excerpt: ...ts from Defendants Golden State Realty Association, Inc. and Mohammad Jaward ('Defendants')." (Plaintiff's Notice of Motion filed July 11, 2023 at Page 1:21-24.) The Declaration of Tanner D. Brink in Support of Motion to Compel filed July 11, 2023 contains a Request for Production of Documents served on Defendant Golden State Realty Association, Inc. but no Request for Production of Documents served on Defendant Mohammad Jaward. Similarly, the De...

Excerpt: ...h 10 that "Santos was severely injured, hospital-zed, and sustained multiple fractures, including her right wrist, left rib and skull. Santos also sustained a concussion with a brain contusion, became partially The following tentative rulings shall become the ruling of the court unless a party gives notice of intention to appear as follows: 1. You must call (209) 725-4240 to notify the court of your intent to appear. 2. You must give notce to all...

Excerpt: ...ause of action for Retalitory Eviction are without merit. The Request for Judicial Notice by Defendant Richard Elias is GRANTED. Defendant Richard Elias has submitted a Separate Statement of undisputed Fact supporting by admissible evidence that establishes a prima fac:ie case that Defendant Richard Elias is entitled to Judgment on the Complaint as a matter of law. This Court takes judicial notice that Richard Elias brought a Forcible Entry and D...

Excerpt: ...nth Cause of Action for Breach of Contract, and Seventeenth Cause of Action for Retaliation. The July 26, 2023 Request for Dismissal also dismisses the followng causes of action in his capacity as Assignor of Gita Nownejad: (1) First Cause of Action for Professional Negligence, Second Cause of Action for Breach of Fiduciary Duty, Seventh Cause of Action for Breach of Contract, and Seventeenth Cause of Action for Retaliation. Finally, the July 26,...

Excerpt: ... the First Amended Complaint asserting (1) Another Acton is pending between the parties upon the same issue, Case 23CV-00573; (2) Plaintiff Markie does not have standing or legal capacity to sue; (3) The Entre Acton is uncertain; and (4) The Entre Acton fails to establish a claim for permeant injunction. While the Demurrer was pending, counsel for Plaintiff Betty Henderson substituted in and filed an opposition to the Demurrer. While the Demurrer...

Excerpt: ...e Defense raised in the Joint Answer filed by Defendants Golden State Realty Association, Inc. and Mohammad Jawad filed January 25, 2023 stating: "As a fourteenth and separate affirmative defense, these answering defendants allege that complainants' injuries and damages, if any, were caused by the negligence and wrongful conduct of third parties not associated with or under the control of these answering defendants, and complainants' recovery, an...

Excerpt: ... provides: "Plaintiff's demeanor exchanged [sic], she became withdrawn, depressed, and sad. On one occasion Plaintiff attempted to inform a teacher regarding the abuse. The teacher informed Plaintiff's Foster Home 2 and foster mother assaulted Plaintiff with a chair." (Third Amended Complaint 34.) The intent of the Legislature in creating Statutory Discretionary Immunity pursuant to Government Code SS 815.2(b) and 820.2 would be thwarted if Discr...

Excerpt: ...ment of the judgment pending appeal, an Undertaking by Personal Sureties in the amount of $2.1 Million must have been, and was, posted and that such undertaking rendered the Personal Sureties jointly and severally liable for the judgment in the event that the appeal was affirmed, and Defendant failed to pay the judgment. In fact, the Undertaking by Personal Sureties filed February 14, 2020, specifically stated, in pertinent part: " . the sureties...

Excerpt: ...endant now brings a Motion for Restitution against Plaintiff ECP pursuant The following tentative rulings shall become the ruling of the court unless a party gives notce of intention to appear as follows: 1. You must call (209) 725- 4240 to notify the court of your intent to appear. 2. You must give notice to all other parties before 4:00 p.m. of your intent to appear. Per California Rules of Court, rule 3.1308(a)(1), failure to do both items 1 a...

Excerpt: ...f Requests for Production of Documents and First Set of Special Interrogatories and Request for Monetary Sanctions in the amount of $15,550 pursuant to Code of Civil Procedure SS 2023.010, 2023.030, 2023.050, 2030.290, 2030.300, and 2031.90, 2031.300, 3031.31001), and 2031.320(b) is GRANTED IN PART AND DENIED IN PART. Request for Production of Documents No. 5 [lists identifying persons who managed or supervised aggrieved employees including Plain...

Excerpt: ...Defendant's moton in limine to exclude case specific hearsay is GRANTED. Case specific hearsay is excluded absent a foundation for both authenticity and business records or other hearsay exception. The following tentative rulings shall become the ruling of the court unless a party gives notice of intention to appear as follows: 1. You must call (209) 725-4111 to notify the court of your intent to appear. 2. You must give notice to all other parti...

Excerpt: ...the categories for requested persons most knowledgeable declaration are not reasonably calculated to lead to the discovery of information relevant to the subject matter of this litigation. Defendant's objections to producing a person most knowledgeable concerning its internal investigation of defects alleged in the complaint, Defendant's Third Party Dispute Resolution Program, Defendant's Policies and Procedures for evaluating and/or investigatin...

Excerpt: ...rseded and became moot when the parties entered into a Stpulation and Order signed by this Court on April 25, 2022, which, by its express terms, dissolved the preliminary injunction. Accordingly, the Order to Show Cause re: Modification of Preliminary Injunction is DROPPED FROM THE CALENDAR AS MOOT. The following tentative rulings shall become the ruling of the court unless a party gives notice of intention to appear as follows: 1. You must call ...

Excerpt: ...roup, from its representation of Plaintiff on the grounds that an attorney currently employed by [hwntown LA. Law Group, Anthony Werbin, previously acted as trial counsel for Defendant Costco Wholesale Corporation and represented Defendant Costco in premises liability matters similar to the instant case is GRANTED. This Court finds that the weight of admissible evidence establishes that Downtown LA. Law Group has failed to provide adequate steps ...

Excerpt: ...y gives notice of intention to appear as follows: 1. You must call (209) 725-4240 to notify the court of your intent to appear. 2. You must give notce to all other parties before 4:00 p.m. of your intent to appear. Per California Rules of Court, rule 3.1308(a)(1), failure to do both items 1 and 2 will result in no oral argument. Parties who contest the tentative ruling or wish to appear remotely at a hearing must contact the clerk of the court at...

Excerpt: ...nt's evidence and undisputed Facts 1-20 establish a prima facie case that the moving Defendants are entitled to Judgement as a matter of law. Plaintiff's opposition The following tentative rulings shall become the ruling of the court unless a party gives notice of intenton to appear as follows: 1. You must call (209) 725-4240 to notify the court of your intent to appear. 2. You must give notice to all other parties before 4:00 p.m. of your intent...

Excerpt: ...of achon alleged in the demurrer, there is no First Amended Complaint on file with this Court and no Demurrer filed with respect to the original complaint. This Court will therefore treat the instant demurrer as attacking the original complaint on the assumption that the language concerning First Amended Complaint was made in error. Defendant's Demurrer to the First Cause of Action for Disability Discrimination under FEHA, the Second Cause of Act...

Excerpt: ...ent contained in Plaintiffs' First Amended Complaint on the grounds that Plaintiffs fail to allege the elements of a cause of action and that Plaintiffs fail to allege a transactional relationship giving rise to a duty to disclose is SUSTAINED WITH LEAVE TO AMEND. Plaintiffs have failed to plead the elements of Fraudulent Inducement- Concealment against a corporate entity with the necessary specificity. (See Jones v. ConocoPhillips Co. (2011) 198...

Excerpt: ...to set the deposition and Plaintiff himself was ready, willing, and able to proceed with the deposition. The problem is that Plaintiff's counsel made the financial choice to not appear at the deposition and care for his ailing wife personally in lieu of hiring another attorney to cover the deposition or hiring a caregiver to care for his wife during the deposition. The amount of sanctions reflects the fact that Plaintiff's failed to appear for an...

Excerpt: ...ffect, any, that Piplack, et al. v. IN-N-OUT (2023) 88 Cal.App.5th 1281 has on the court's decision to dismiss Plaintiff's representative PAGA claim because Plaintiff was compelled to arbitrate Plaintiff's individual PAGA claim. Relying on Kim v. Reins International California, Inc. (2020) 9 Cal.5th 73, 83-84 as a binding interpretation that stand-ng for a representative PAGA claim has only two elements: Plaintiff must be someone (1) who was empl...

Excerpt: ...intiff's Motion in Limine #3: Exclude Evidence or Argument Concerning Plaintiff's criminal convictions. GRANTED The followng tentative rulings shall become the ruling of the court unless a party gives notice of intention to appear as follows: 1. You must call (209) 725-4111 to notify the court of your intent to appear. 2. You must give notice to all other parties before 4:00 p.m. of your intentto appear. Per California Rules of Court, rule 3.1308...

Excerpt: ...e of the administrative remedy that must be exhausted and how these plaintiffs could possibly mitigate the damage resulting for Defendant's alleged waste of water. Defendant's affirmative defense of preemptions fails as a matter of law. Since the matters at issue involve a continuing course of conduct, the defense of statute of limitations fails as a matter of law. The affrmatve defense of standing fails as a matter The followng tentative rulings...

Excerpt: ...d successfully repaired on the first attempt. The following tentative rulings shall become the ruling of the court unless a party gives notice of intention to appear as follows: 1. You must call (209) 725-4111 to notify the court of your intent to appear. 2. You must give notice to all other parties before 4:00 p.m. of your intent to appear. Per California Rules of Court, rule 3.1308(a)(1), failure to do both items 1 and 2 will result in no oral ...

Excerpt: ...atories, and Requests for Production of Documents, and request for monetary sanctions, for discovery served on February 21, 2019. No Requests for Admission have been propounded. Plaintiff's counsel was suspended from the practice of law for the period September 22, 2021 through November 20, 2021. The last attempt to meet and confer with Plaintiff's counsel occurred on March 25, 2020, more than two years ago. Plaintiff's counsel attended the June ...

Excerpt: ...ppeal. Second, the opposition to the motion to expunge lis pendens is inconsistent with Defendant's legal position that transfer of a fee simple interest in real property does effect a transfer of a personal property interest in water located under such real property. In the event that Defendant prevails on appeal and the transfer of fee simple interest from Defendant to Plaintiff is determined not to effect a transfer a personal property interes...

Excerpt: ...version, the factual allegations are far too vague and general concerning the formation and terms of the alleged contract and fiduciary relationship or the specific property and circumstances of property allegedly converted to place Defendant on notice of all potential affirmative defenses that may apply and must be alleged in the answer to avoid being waived. This Court finds, that if Affrmative Defense Numbers 2-8, 10- 13, 15-16, 18-19, and 21-...

Excerpt: ... cause of action and for uncertainty, (4) the Third Cause of Action for Fraud Failure to state a cause of action and for uncertainty, (5) the Fourth Cause of Action for Breach of Fiduciary Duty for Failure to state a cause of action and for uncertainty, (6) the Fifth Cause of Acton Cause for Conversion for Failure to state a cause of action and for uncertainty, (7) the Sixth Cause of Acton for Aiding and Abetting Conversion for Failure to state a...

Excerpt: ... (2) that she did not suffer wage loss, (3) that she did not suffer loss of earnings capacity, (4) that she did not suffer medical expense, (5) that she did not suffer general damages, (6) that she was negligent at the time of the incident, (7) that Plaintiff's negligence was the The following tentative rulings shall become the ruling of the court unless a party gives notice of intention to appear as follows: 1. You must call (209) 725-4111 to no...

Excerpt: ...iff slipped at 1:43, (5) The same customer walks through the area again and begins eating again at 1:43, (6) Plaintiff slippled and fell on grapes spilled by the customer at 1:44, (7) The location of the slip was the main action aisle of the Walmart, (8) the Walmart was located in Merced, and (9) Plaintiff filed a lawsuit containing a single cause of action against Walmart and its manager. While the sequence of events occurred over a relatively s...

Excerpt: ...ity, (6) undue annoyance, embarrassment, and oppression, and privacy are OVERRULED. While it is true that any direct negligence by Defendant Brad Johnson Trucking with regard to training or other actons relating to the management of its driver are not relevant the driver is determined not to have been negligent at the time of the incident, they remain relevant until such time that Defendant Brad Johnson Trucking prov-des an unambiguous admission ...

Excerpt: ...aining a First Cause of Action for Declaratory Relief, a Second Cause of Action for Injunction, and a Third Cause of Acton for Writ of Mandate to enforce an agency to perform an alleged ministerial duty, the reopening of a fish ladder. On January 10, 2023, Plaintiff filed a First Amended Verified Complaint for Public Nuisance, Violation of Constitution Rights of Due Process and Equal Protection, Declaratory and Injunctive Relief, and Verified Pet...

Excerpt: ... damages portion of the trial, the actual wording of the motion goes somewhat farther, stating: Defendants "will move this Court for an order (1) bifurcating the trial into liability (determined by clear and convincing evidence that Defendants intentionally concealed information from Plaintiffs Abel H. Arias, and Maciel and Alejandra Galicia ('Plaintiff<) regarding a defective totally integrated power module (TIPVI') in their vehicle) and punitiv...

Excerpt: ...was made and overruled is in fact a moton for reconsideration and the instant motion to strike fails to comply with the procedural requirements of a moton for reconsideration. Finally, the evidentiary objections raised in the Motion to Strike are due consideration of the merits of such objections by this Court, are without merit, and are hereby OVERRULED. Motion for Reconsideration The moton for reconsideration brought by Defendant/cross-complain...

Excerpt: ...use of Action for Declaratory Relief, a Second Cause of Action for Injunction, and a Third Cause of Action for Writ of Mandate to enforce an agency to perform an alleged ministerial duty, the reopening of a fish ladder. The Demurrer by Merced Irrigation District is supported by a Request for Judicial Notice of the following documents more particularly described in the Request for Judicial Notice filed with this Court by Defendant/Respondent Merce...

Excerpt: ... appear as follows: 1. You must call (209) 725-4111 to notify the court of your intent to appear. 2. You must give notice to all other parties before 4:00 p.m. of your intent to appear. Per California Rules of Court, rule 3.1308(a)(1), failure to do both items 1 and 2 will result in no oral argument. To limit the spread of the COVID-19 virus, the court encourages remote hearings. Parties who contest the tentative ruling or wish to appear at a hea...

Excerpt: ...d by Defendants Despite No Loss of Earnings Claim, and Request for Sanctions in the Amount of $2,547.95 Against Defendant Pedro Molina, Sr., Irvin Trucking, Inc., and its Attorneys Cholakian & Associates is GRANTED in Part and DENIED in Part. The Three subpoenas seek confidential employment records to which a right to privacy exists despite conceding that no claim for lost wages or inability to work is pending and that such claim has in fact been...

Excerpt: ...that while “Bad Faith” is not defined in the statute, “case law has defined gross negligence as the want of even scant care or an extreme departure from the ordinary standard of conduct.” (Id. [quoting Eastburn v. Regional Protection Authority (2003) 31 Cal.4th 1175, 1185-1186].) The Second Amended and Supplemental Complaint for Damages alleges in ¶ 16 that at approximately 11:50 p.m. the Los Banos Disbatcher dispatched at least two Los ...

Excerpt: ...cial and Form Interrogatories, and for sanctions raises similar issues to those addressed by this Court on Tuesday, February 21, 2023 in connection with a motion by Plaintiff Parkash Pabla to Compel Further Responses to Plaintiff's Requests for Admissions, Requests for Production of Documents, Special and Form Interrogatories, and for sanctions. At the Tuesday hearing, after hearing extensive The following tentative rulings shall become the rulin...

Excerpt: ..., 12.7, 15.1, 16.1-16.8, 17.1, 50.1, and 50.3-50.5; and for monetary sanctions in the amount of $4,800 pursuant to CCP § 2031.310, 2023.010, 2030.300 The Motion by Plaintiffs Parkash Pabla and Jaswinder Kaur to Compel Defendant Dual Arch International, Inc. to Provide Further Responses to Plaintiff's Requests for Admission Nos. 5, 6, 11- 13, 15-21, 24-32, 35, 37, 40-42, 44, 46, 49, 55-58, and 60-63 is GRANTED. Objections by Defendant Dual Arch I...

Excerpt: ...ld: “Damages for fear of cancer may be recovered only if the plaintiff pleads and proves that (1) as a result of Defendant's negligent breach of a duty owed to the Plaintiff, the plaintiff is exposed to a toxic substance which threatens cancer; and (2) the plaintiff's fear stems from a knowledge, corroborated by reliable medical or scientific opinion, that it is more likely than not that the plaintiff will develop the cancer in the future due t...

Excerpt: ...to judgment as a matter of law. Plaintiff as submitted general evidentiary objections along with specific evidentiary objections to Exhibit 3, the Declaration of Jake Farmer, Exhibit 5, Exhibit 6, Exhibit 7, and Exhibit 8 on the grounds of failure to lay proper foundation, improper authentication, failure to qualify expert testimony, hearsay and lack of personal knowledge. Those objections are OVERRULED. This Court finds that an adequate foundati...

Excerpt: ...llowing tentative rulings shall become the ruling of the court unless a party gives notice of intention to appear as follows: 1. You must call (209) 725‐4111 to notify the court of your intent to appear. 2. You must give notice to all other parties before 4:00 p.m. of your intent to appear. Per California Rules of Court, rule 3.1308(a)(1), failure to do both items 1 and 2 will result in no oral argument. To limit the spread of the COVID‐19 vi...

Excerpt: ...AMEND. The Request for Judicial Notice is GRANTED and this Court, on its own motion, take Judicial Notice of its order granting summary judgment on the Complaint in this action. This Court finds that Cross‐Complainant 4‐S Ranch Partners, LLC has failed to allege facts establishing tender or a judicially recognized exception to requirement for tender. (See Arnolds Management Corp. v. Eischen (1984) 158 Cal.App.3d 575, 578). As a general rule, ...

Excerpt: ...ven the contention by Cross‐Defendant Altenergy Power Systems USA that a declaration of necessity conforming CCP § 2030.050 was not provided. There can be no dispute that a party who has propounded an interrogatory has the right to withdraw that interrogatory at any time before it is answered. Valley Unique Electic, Inc. asserts that no response was received to an initial set of interrogatires and that Valley Unique Electric elected to withdra...

Excerpt: ...irst Cause of Action for Adverse Possession. This shifts the burden to to Plaintiffs to provide admissible evidence establishing a triable issue of material fact. The following tentative rulings shall become the ruling of the court unless a party gives notice of intention to appear as follows: 1. You must call (209) 725‐ 4240 to notify the court of your intent to appear. 2. You must give notice to all other parties before 4:00 p.m. of your inte...

Excerpt: ...ed, Israel Rosales, Imelda Vivero, and Kenneth Calderon have joined is DENIED. While CCP § 583.310 and CCP § 583.360 provide for mandatory dismissal if an action is not brought to trial within five years after the action is commenced, CCP § 583.340 provides three conditions which “shall be excluded” from the computation of time to which the mandatory dismissal is required if the matter is not brought to trial: (a) the Jurisdiction of the C...