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...