Excerpt: ...earing in Orange County Superior Court. Although Defendant Avalon Care Center‐Merced HY‐Lond, LLC dba Hy‐ Lond Health Care Center‐Merced filed a proof of service by email or electronic transmission showing service of the motion and request for judicial notice on March 15, 2022, the opposition filed by Plaintiff on April 18, 2022 asserts that the papers were not received until Friday, December 17, 2021, a date prior to the filing of the mo...

Excerpt: ...elations, Lilia Garcia Brower, and the Division of Labor Standards Enforcement to the First Cause of Action For Declaratory Relief Pursuant to Code of Civil Procedure § 1060 and Writ of Mandate and Injunctive Relief Pursuant to Code of Civil Procedure § 1085 asserting that Respondents have no authority to apply overtime to sheepherders; to the Second Cause of Action for Declaratory Relief pursuant to Government Code § 11350 and Code of Civil P...

Excerpt: ...elations, Lilia Garcia Brower, and the Division of Labor Standards Enforcement to the First Cause of Action For Declaratory Relief Pursuant to Code of Civil Procedure § 1060 and Writ of Mandate and Injunctive Relief Pursuant to Code of Civil Procedure § 1085 asserting that Respondents have no authority to apply overtime to sheepherders; to the Second Cause of Action for Declaratory Relief pursuant to Government Code § 11350 and Code of Civil P...

Excerpt: ...pear. 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 will only conduct remote hearings. Parties who contest the tentative ruling or wish to appear remotely at a hearing must contact the clerk of the court at (209) 725‐ 4240 to provide t...

Excerpt: ...ed or contributed to Kenneth Derry's unfortunate death. The motion is supported by Undisputed Facts 1‐27 which in turn are supported by admissible evidence in the form of the expert declaration of Garret Smith M.D. and the records on which his expert opinions are based which establish a prima facie case that Defendant Pacheco is entitled to judgment as a matter of law. This shifts the burden to Plaintiff to establish a triable issue of material...

Excerpt: ...ne referred to in her complaint, (3) The incident involving the gizzard processing machine referred to in her complaint was the result of Plaintiff's own negligence, and (4) Plaintiff suffered no damages as a result of the incident involving the gizzard processing machine referred to in the complaint. Accordingly, Defendant Marel, Inc. has established a prima facie case that Defendant Marel, Inc. is entitled to judgment as a matter of law. This s...

Excerpt: ...ant to CCP § 1008, a Motion for Reconsideration of the February 22, 2022 Order on the grounds that while the Court had interpreted the Diskeeper case to require that a motion for attorney's fees be filed 15 days after notice of entry of judgment or dismissal, a party seeking attorney's fees based on contract has at least from notice of judgment or dismissal to file a noticed motion for an award of attorney's fees, and, therefore, Defendants' mot...

Excerpt: ...nterest in all water related to the 4‐S property when it acquired such property through foreclosure. On September 29, 2021, Defendant 4‐ S Ranch Partners, LLC filed a Cross‐Complaint naming only Plaintiffs as Cross‐Defendants and on January 4, 2022, Defendant 4‐S Ranch Partners LLC filed an Amended Cross‐Complaint against Plaintiffs and new Cross‐Defendant WT Capital Lender Services. The Amended Cross‐Complaint alleges a first cau...

Excerpt: ... 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 and 2 will result in no oral argument. To limit the spread of the COVID‐19 virus, the court will only conduct remote hearings. Parties who contest the tentative ruling or wish to appear remotely at a hearing m...

Excerpt: ...Plaintiff to Defendant Citibank, N.A. is sought in connection with the Second Amended Complaint's Fifth Cause of Action for Negligence against Defendant Citibank, N.A., and Sixth Cause of Action for Conversion against Defendant Citibank N.A., brought in connection with alleged actions by Plaintiff that Defendant Citibank N.A. failed to comply with its own internal procedures in connection with an alleged embezzlement by Defendant Chima. Defendant...

Excerpt: ...ith alleged actions by Plaintiff that Defendant Citibank N.A. failed to comply with its own internal procedures in connection with an alleged embezzlement by Defendant Chima. Defendant Citibank N.A. has filed an answer containing a general denial and eleven affirmative defenses and a CrossComplaint for Equitable Indemnity and Declaratory Relief against Defendant Chima. A Stipulated Protective Order was issued by the Court on March 15, 2021. The s...

Excerpt: ...Amended Complaint's First Cause of Action for Fraud and Disparagement of Title, Third Cause of Action for Wrongful Foreclosure, Fourth Cause of Action for Elder Abuse, and Seventh Cause of Action for Intentional Infliction of Emotional Distress is SUSTAINED WITHOUT LEAVE TO AMEND. The Demurrer to the Fifth Cause of Action to Set Aside Trustee Sale and Sixth Cause of Action to Quiet Title is OVERRULED. While there is no dispute that Defendant ECP ...

Excerpt: ... to CCP § 2023.030(a). On December 9, 2021, the continued this matter on the Court's own motion to Thursday, February 24, 2022, at 8:15 a.m. in Courtroom 8 and issued the following tentative ruling: “On the one hand, much of the discovery propounded appears excessive and unnecessary given the issues in this case. On the other hand, Plaintiff's responses are replete with broad generalizations rather than the articulation of specific facts, date...

Excerpt: ...ion in Violation of Public Policy, and (8) Interference with Cal Family Rights Act. The Court notes that a Request for Dismissal of the Eighth Cause of Action only without prejudice was filed on January 11, 2020, and entered by the court on that day. The instant motion for summary judgment/summary adjudication asserts that: (1) Plaintiff did not timely exhaust administrative remedy for discrimination claim; (2) Plaintiff did not timely exhaust ad...

Excerpt: ...sure why this one credit card is in court. We have had no contact with Plaintiff regarding a lawsuit. We wish this credit card to be part of our debt consolidation with Americor which is currently in negotiation to settle.” Plaintiff's Motion for Summary Judgment is supported by a Separate Statement of Undisputed Fact wherein Undisputed Facts 1‐9 cite admissible evidence establishing a prima facie case that Plaintiff is entitled to judgment a...

Excerpt: ... disputing the agreement's coverage of the claim involved in the action, but not as to the nature and substance of that dispute.” Since the instant requests for admission seek information about the nature and substance of a potential coverage dispute and the instant form interrogatory 17.1 would seek all facts, identification of all witnesses, and all documents relating to the substance and nature of a potential coverage dispute, the requests a...

Excerpt: ... to state a claim, (2) statute of limitations, (3) estoppel, (4) laches, (5) unclean hands, and (6) statute of frauds). The Plaintiff brings a motion for summary judgment, and the Defendant brings a cross‐motion to compel arbitration to be heard concurrently. There is not separate statement of undisputed fact filed in opposition to the motion for summary judgment, no evidence establishing any triable issue of fact, and the sole grounds for oppo...

Excerpt: ...upported by admissible evidence establishing facts 1‐18 which in turn establishes a prima facie that Plaintiff is entitled to judgment in the amount of $8,827.62 as a matter of law for the for “Open Book Account” and for “Account Stated” claims. 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...

Excerpt: ...ractors GSA to Plaintiff's Complaint The Demurrer to the Verified Reverse Validation Complaint filed March 16, 2020 by Defendant San Joaquin River Exchange Contractors GSA to which Defendant City of Gustine GSA, Defendant City of Firebaugh GSA, Defendant City of Fresno GSA for DeltaMendota Subbasin Management Area B, Defendant Merced County Delta‐Mendota GSA, Defendant City of Los Banos GSA, Defendant City of Mendota GSA, Defendant City of Newm...

Excerpt: ...claims against them, that, given the nature of this coordinated action, it is not feasible at this time to determine the extent to which Plaintiff may or may not have exhausted administrative remedies. This Court finds that the Verified Reverse Validation Complaint filed March 16, 2020 is timely filed. Finally, this Court. Plaintiff's objection to some of the demurrers on the grounds that they are procedurally defective is also OVERRULED and this...

Excerpt: ...ractors GSA to Plaintiff's Complaint The Demurrer to the Verified Reverse Validation Complaint filed March 16, 2020 by Defendant San Joaquin River Exchange Contractors GSA to which Defendant City of Gustine GSA, Defendant City of Firebaugh GSA, Defendant City of Fresno GSA for DeltaMendota Subbasin Management Area B, Defendant Merced County Delta‐Mendota GSA, Defendant City of Los Banos GSA, Defendant City of Mendota GSA, Defendant City of Newm...

Excerpt: ...claims against them, that, given the nature of this coordinated action, it is not feasible at this time to determine the extent to which Plaintiff may or may not have exhausted administrative remedies. This Court finds that the Verified Reverse Validation Complaint filed March 16, 2020 is timely filed. Finally, this Court. Plaintiff's objection to some of the demurrers on the grounds that they are procedurally defective is also OVERRULED and this...

Excerpt: ...al of the residential real property from the rental market”), the Court finds the language used in the notice (“Owner intends to withdraw the Premises from the rental market”) is substantially similar and sufficient to constitute a cause of action for no‐fault just cause eviction under the Tenant Protection Act of 2019. The Court notes that whether the alleged reason for termination of tenancy is true is an issue of fact for trial. Defend...

Excerpt: ... account of all actions taken by Steven Margaretic with regard to assets in which Mt. Buillion Properties, LLC has or has ever had an interest that were within the possession or control of Defendant Steven Margaretic during the period March 1, 2019 to present, along with copies of all documents supporting the transactions addressed in the account. Defendant Steven Margaretic is a ficuciary and all fiduciaries have a duty to account. Paragraph 52 ...

Excerpt: ...nstant motion to tax costs asserting that the memorandum of costs did not differentiate between costs incurred in connection with Plaintiff Michael P. Rose and costs incurred in connection with Plaintiff Monica Rose Berry, especially $6,921.79 relating to the production of the medical records of Plaintiff Monica Rose Berry. Defendants' opposition notes that Plaintiff Michael P. Rose was the only person injured in the subject auto accident, and th...

Excerpt: ...tice. (Nicolaysen v. Pacific Home (1944) 65 Cal.App.2d 769, 773.) There is no cause of action until after the tenancy has been terminated. (See Bauer v. Neuzil (1944) 66 Cal.App.2d Supp. 1020, 1029.) In this case, the 60‐day notice to quit was served on defendants on or 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 t...

Excerpt: ... admissible evidence creating a triable issue of material fact. Plaintiffs fails to do so. The declarations of Michael German and Kathleen Frazier submitted by Defendant Athenahealth, Inc. provide credible admissible evidence that athenaNet complies with both California Health and Safety Code § 123149(b) and California Civl Code § 56.101 in that it “keeps a record of, or audits every instance of user activity in the application” and that �...

Excerpt: ...including a claim for injury arising from the same slip and fall in the Los Banos restaurant. The employer defendant in the Tulare County action is alleged to have filed a clam for equitable indenminty against the defendant in the instant action. While the personal injury portion of the Tulare County action arises from the same incident as the instant personal case, the basis for liability is The following tentative rulings shall become the rulin...

Excerpt: ... to CCP § 2023.030(a). This matter is continued on the Court's own motion to Thursday, February 24, 2022 at 8:15 a.m. in Courtroom 8. On the one hand, much of the discovery propounded appears excessive and unnecessary given the issues in this case. On the other hand, Plaintiff's responses are replete with broad generalizations rather than the articulation of specific facts, dates, times, and the identification of the specific individuals involve...

Excerpt: ...ains the following allegation: “Cross‐Complainant is informed and believes, and thereon alleges that Cross‐Defendant ALTENERGY POWER SYSTEMS, USA, INC. dba 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 intent...

Excerpt: ...d. (See e.g. Wright v. Rogers (1959) 172 Cal.App.2d 349, 365‐366.) The instant demurrer is brought by Defendant Dual Arch International, Inc., which is alleged to be “engaged in the business of title insurance, banking services, including foreclosure, and acting as trustee for banks, mortgage holders and lien holders (Second Amended Complaint ¶ 3), that Defendants Gurjit, Gursharan, and Tajender allegedly substituted as trustee under the all...

Excerpt: ...ond Amended Complaint's First, Second, Third, Fourth, and Fifth Causes of Action for uncertainty is GRANTED. The demurrers to such causes of action on other grounds are OVERRULED AS MOOT. The Complaint fails to state the precise legal grounds (e.g. privity, assignment, third party beneficiary, novation, estoppel) that Plaintiff, West Creek Builders LLC, asserts as entitling it to enforce each of the contracts alleged in the Second Amended Complai...

Excerpt: ... Notice to pay rent for the period October 1, 2020 to August 31, 2021 or quit. At the time the Unlawful Detainer Complaint was filed, Plaintiff filed a UD‐101 Coversheet indicating that Plaintiff has not received rental assistance, does not have a rental assistance application pending. Plaintiff does not appear to have complied with CCP § 1179.11(c) by providing a sworn statement that rental assistance was denied or 20 days have passed since r...

Excerpt: ...(118.1 hours times $275=$32,477.50) plus costs of $5,113.02, for a total award of $37,590.52 fees and costs, and denies the motion to the extent a greater amount was requested. First, this Court's reasonable fee analysis begins with the fact the $32.477.50 of attorney's fees awarded above is more than double the amount Plaintiff's counsel would have received as a contingent fee if this matter had been litigated to a judgment of $30,000, the amoun...

Excerpt: ...Third, Fourth, Fifth, and Sixth Causes of Action fail to state a cause of action and are uncertain is OVERRULED. Plaintiffs have standing and have substantially complied with CCP § 377.32. Each cause of action is not uncertain and states sufficient facts, which are assumed to be true, to establish the causes of action alleged. Motion to Strike (1) the claim for injunctive relief, (2) general damages, (3) attorney's fees and costs, (4) punitive d...

Excerpt: ...ve 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 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 ...

Excerpt: ... constituted outrageous conduct. Assuming that premise to be true, Defendant ECP LP is not alleged to be a party responsible for the wrongful foreclosure, but is alleged to be the purchaser of the property at the foreclosure sale. Thus, as alleged, the facts stated in the Second Amended Complaint do not allege outrageous conduct by Defendant ECP LP and therefore fail to state a cause of action for intentional infliction of emotional distress agai...

Excerpt: ...alify as an accord and satisfaction. The outcome of this dispute is of considerable importance to both parties because if a policy limits offer was accepted on behalf of Defendants, Plaintiff is potentially liable for attorney's fees and costs incurred after the time of acceptance. If the policy limits offer was rejected, Defendant's insurer is potentially liable for the full amount of any judgment imposed on Defendants without regard to policy l...

Excerpt: ...an agency employing Defendants Jason Enger and Patrice Lorenzo‐Bostrom to an agency employing Defendant and moving party Sandra Genova concerning Plaintiff's fitness as a foster care provider. Defendant Sandra Genova has established a prima facie case that Plaintiff's claims are subject to CCP § 425.16 because it demonstrates that the communications were exercise of free speech in connection with a matter of public interest in that the fitness...

Excerpt: ...owever on April 12, 2021, after the instant motion as filed, Plaintiff dismissed Defendant Pioneer Elementary School District, thereby rendering that portion of these Motions moot), filed January 27, 2021, initially set for hearing on April 14, 2021, and continued to October 7, 2021 by 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�...

Excerpt: ... and sharply focused examination of title. To establish that he is a proper plaintiff, one who has purchased property at a trustee's sale and seeks to evict the occupant in possession must show that he acquired the property at a regularly conducted sale and thereafter “duly perfected” his title. (s 1161a, subd. 3.) Thus, we have declared that “to this limited extent, as provided by the statute, . . . title may be litigated in such a proceed...

Excerpt: ...of settlement, preliminarily approves class counsel's attorney's fees as $157,500 and reasonable costs not to exceed $20,000, preliminarily approves payment of an enhancement award of $5,000 to the class representative, preliminarily approves allocation of $30,000 as the PAGA Settlement payment of which 75% will be paid to CLWA and 25% to class members, preliminarily approves settlement administration services to be provided by CPT Group. Inc. fo...

Excerpt: ...tiff's 60‐DayNotice to Quit demanded that Defendant return possession of the subject premises by July 3, 2021, that Defendant remained in possession of the subject premises after July 3, 2021, and that Plaintiff waived the 60‐Day Notice to Quit by accepting monthly rent on July 3, 2021, August 3, 2021, and September 3, 2021. While copies of checks and correspondence between Plaintiff and Defendant are attached as exhibits to the Motion for Su...

Excerpt: ...29, 2020, that an employee found the Dependent Adult on the street but failed to take protective action, with the result that the Dependent Adult continued to walk into a canal area, fell into a canal and drowned. These allegations are assumed to be true for purposes of the instant demurrer. Accordingly, the demurrer is OVERRULED. Motion to Strike Portions of Plaintiffs' First Amended Complaint Defendant's motion to strike portions of plaintiffs'...

Excerpt: ...l Interrogatories, Set One, numbers 1‐3, 5‐7, 9‐10, 12, 14, 17, and 20‐21 by September 30, 2021. Defendant's request for monetary sanctions pursuant to CCP §§ 2023.010‐2023.040, 2023.030(a), and 2030.290(c) against Plaintiff and her attorney is GRANTED. Plaintiff and/or their attorney is ordered to pay $2,205.00 in monetary sanctions by September 30, 2021. The Court will not sign the proposed order lodged with the court on August 13, ...

Excerpt: ...t the lessee of a different co‐owner. (Zaslow v. Kroenert (1946) 29 Cal.2d 541, 548; Verdier v. Verdier (1957) 152 Cal.App. 348, 352; Lee Chuck v. Quan WoChong & Co. (1891) 91 Cal. 593, 597.) Plaintiff's Complaint concedes that the lease agreement that is the subject of this unlawful detainer action was between Defendant and an alleged “unauthorized family member” and that neither Plaintiff nor her successor interest are parties to the leas...

Excerpt: ...l 7, 2020 through the date of his death on June 12, 2020 and that during that period he developed sepis, multiple stage three and two pressure ulcers, a UTI, an acute kidney injury, and malnutrition. (See Complaint ¶¶ 9‐33.) The Complaint alleges a First Cause of Action for Violation of Patients' Rights pursuant to 22 Cal Code Regs § 72527(a), a Second Cause of Action for Negligence/Wrongful Death, a Third Cause of Action for Willful Miscond...

Excerpt: ...l 7, 2020 through the date of his death on June 12, 2020 and that during that period he developed sepis, multiple stage three and two pressure ulcers, a UTI, an acute kidney injury, and malnutrition. (See Complaint ¶¶ 9‐33.) The Complaint alleges a First Cause of Action for Violation of Patients' Rights pursuant to 22 Cal Code Regs § 72527(a), a Second Cause of Action for Negligence/Wrongful Death, a Third Cause of Action for Willful Miscond...

Excerpt: ...ding Judge. The Motion to Compel Deposition of Defendant's Person or Persons Most Knowledgeable re Categories 15, 21 and 22 and Request for Monetary Sanctions pursuant to CCP § 2023.030(b) is GRANTED and Defendant's objections are OVERRULED. While the ultimate question of whether Defendant's 6th, 9th, 11th, 18th, 20th , 22nd, and 24th Affirmative Defenses are meritorious may constitute a legal conclusion, all facts to be offered at trial in conn...

Excerpt: ...Products LLC offer significant evidence that Defendant Kleinfelder, Inc. was negligent in the performance of the inspection duties that Merced Union High School District hired it to perform, Defendants Custom Building Products, Inc. and Custom Building Products LLC offer not evidence or argument as to why such negligence fails to satisfy the Tech‐Bilt factors given the agreement that Defendant Kleinfelder, Inc. would not be liable for any porti...