Excerpt: ... by CCP § 2 033.280 is the exclusive remedy to obtain relief from either a waiver of objections or an order that Requests for Admission for which no response was provided be deemed admitted. The requirements for relief under CCP § 2033.280 are that (1) The party has subsequently served a response which is in substantial compliance with CCP § 2033.210, 2033.220, and 2033.230; and (2) the parties' failure to provide a timely response was due to ...

Excerpt: ...odific ation application was submitted on June 9, 2022, after the Notice of Default had already been recorded. (See Second Amended complaint at Paragraph 38.) Plaintiff argues that a June 23, 2022 letter requesting additional documents constitutes an admission t hat the June 9, 2022 application was complete because Plaintiff contends that the additional documents requested had already been provided. Contrary to Plaintiff's contention, the plain ...

Excerpt: ...at (209) 725- 4111 to request Court permission and arrange for a remote appearance. The Court notes that rule 3.1347(b) of the California Rules of Court permits any opposition to a discovery motion in an unlawful detainer action to be made orally at the time of h earing. The hearing on these motions was continued from April 3, 2024. Motion to Deem Admitted Requests for Admission Plaintiff's unopposed motion for an order deeming admitted the truth...

Excerpt: ...� 2923.6 wit h leave to amend to state specific facts establishing that a complete loan modification application and all documents requested was submitted in a timely fashion and that there was an acknowledgement that the application was complete, and (3) Sustained the demurrer to the Third Cause of Action for Violation of Civil Code § 2923.7 with leave to amend to allege a material violation that is not barred by the three year statute of lim...

Excerpt: ...ovide an y credible explanation as to why evidence proffered in support of the instant Motion for Reconsideration could not have been presented at trial when Motion in Limine No. 2 was being briefed and argued by the parties. Defendant City of Merced contends tha t relief is mandatory under Code of Civil Procedure § 473(b) because counsel has admitted fault, and therefore that the only perquisite to granting relief is the Court's determination a...

Excerpt: ... evidence that potentially relevant video footage was overwritten in the normal course of business before Defendants were aware of Plaintiff's claims concerning what occurred. The Court finds that terminating or evidentiary sanctions are not appropriate gi ven the Defense contentions and supporting evidence that the subject event --operation of a wheelchair lift in a manner that struck Plaintiff in the head --did not occur, and therefore, that n...

Excerpt: ...and expen se.” The instant protective order seeks to prevent dissemination of locomotive camera footage of a tragic and potentially gruesome incident to third parties and the public, as well as body cam and other photographs of the deceased minor's body. The oppos ition does not articulate any reason that the City of Merced might need to disseminate photographic evidence of the injuries caused by the incident to the public or third parties not ...

Excerpt: ...standing the fact that the orders issued by this court required Defendant to employ only those precautions that Defendant agreed were appropriate. This Court's orders required Defendant to enforce those precautions, over strenuous objections by Defendant. While Defendant Foster Poultry Farms asserted in its opposition to the request for restraining orders that it was complying with all regulatory requirements and therefore should not be subjected...

Excerpt: ...s in L imine from Defendant to which written oppositions were filed for each defense notion. Plaintiff's Motion in Limine #1 [Exclude reference to immigration status] Plaintiff's Motion in Limine #2 [Exclude Plaintiff not having drivers license] GR ANTED GRANTED Plaintiff's Motion in Limine #3 [Exclude Sub Rosa Evidence] GRANTED with respect to sub rosa in defendants possession and control and not produced at time of discovery response or supple...

Excerpt: ...s for school impact mitigation fees at a rate listed in the School Impact Mitigation Agreement that exceeds the statutory rate resulting in Petitioner Stonefield Homes. Inc. being overcharged by $22,500 or $26,055 for school mitigation fees on each of the subje ct lots. Petitioner Stonefield Homes Inc. further asserts the School Impact Mitigation Agreement executed by Manuel P. Cardoza and Pinn Bros. Fine Homes on or about July 20, 2006 is not ...

Excerpt: ...elligible i n asserting that third party conduct constituted a dangerous condition on the premises. The First Amended Complaint does not appear to specify whether the First through Seventh Causes of Action contained therein are brought against Defendant Delhi Unified School District, Defendant Kevin Ross, or both, and the demurrers are brought by both Defendant Delhi Unified School District and Defendant Kevin Ross. Defendants Delhi Unified Sc...

Excerpt: ...mmary Judgment by Defendants PHH Mortgage Corporation, successor in interest by merger to Ocwen Loan Servicing LLC, U.S. National Bank Association, as Trustee for the CMLTI Asset -Backed -Pass -Through Certificates, Serie 2007 -AMC4 and Western Progressive LLC (collectively “Defendants”), or, in the alternative, Summary Adjudication that the First, Second, Third, Fourth, Fifth, and Sixth Causes of Action are without merit is GRANTED. Defenda...

Excerpt: ...le E. Silver a was operating a motor vehicle within the course and scope of her employment with Defendant Pacific Native Hardwood, Inc. (i.e. respondeat superior) and (3) that Defendant Pacific Native Hardwoods, Inc. knew or should have known that Defendant Camille E. Silvera was unfit and unqualified to operate its motor vehicle (i.e. negligent entrustment). For purposes of summary adjudication, personal liability for ones own action, respon...

Excerpt: ...tablis h a prima facie case that Defendants are entitled to judgment as a matter of law. This shifts the burden to Plaintiff to offer admissible evidence that establishes a triable issue of material fact. Plaintiff concedes that Facts 2, 3, 5 -10, 12 -15, 17 -19 , 23 -24, 26 -27, 30 -31, 36 - 37, 39, 43 -44, and 48 -49 are undisputed. Plaintiff purports to dispute Facts 1, 4, 11, 16, 20, 21, 22, 25, 28, 29, 32, 33, 34, 35, 38, 40, 41, 42, 45, 46,...

Excerpt: ...he sporting the ory of litigation—namely, surprise at trial.' ” (Williams v. Volkswagen Aktiengesellschaft (1986) 180 Cal.App.3d 1244, 1254 [quoting Greyhound Corp. v. Superior Court (1961) 56 Cal.2d 355, 376].) At issue in this motion is whether party may initiate a tri al by ambush, but escape the consequences by demanding mandatory relief under Code of Civil Procedure § 473(b). Defendant asserts that monetary sanctions were more appropria...

Excerpt: ...thin fiv e years after the action is commenced, the five year statute is not firm or absolute, but qualified. Code of Civil Procedure section 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 Court to try the action was stayed; (b) prosecution of the trial was stayed or enjoined; and (c) br...

Excerpt: ... to the Þrst and only cause of action therein is SUSTAINED WITH LEAVE TO AMEND. While Cal. Ins. Code § 1817.7(g)(4) provides that if an IFPA realtor “planned and initiated the violation,” the realtor “shall be dismissed from the civil action and shall not receive any share of the proceeds of the action” may provide an a
¯irmative defense to Defendants, this Court cannot currently determine from the face of the complaint or matters of w...

Excerpt: ...ment and failure to accommodate Plainti
¯'s disability, and while there are allegations that the disparate treatment created a hostile working, there is no claim that a facially neutral policy, for example, an across the board physical Þtness requirement, had an adverse impact on disability. Failure to accommodate requires a speciÞc inquiry into the speciÞc disability of the individual, and therefore by its very nature, constitutes disparate ...

Excerpt: ...d by the U.S. District Court for the Eastern District of California in Stoddartv. Express Services, Inc. d/b/a Express Employment Professionals, et al. Case 2:12-cv-01054-KJM-CKD. Plaintiff has not provided any evidence controverting the evidence provided by Defendant, does not dispute the fact of the Stoddart settlement, and while conceding that Plaintiff was a member of the Stoddart class action, Plaintiff disagrees as to whether the legal effe...

Excerpt: ...establishing that this was an unusually complex or difficult case, hence the request for enhancement is DENIED. Defendant contends that the hourly rate charged by Plaintiffs' attorneys are excessive for Merced and should be reduced, but does not assert any specific entry is excessive or any specific amount of reduction. A review of the billing rate summary on Page 38 of the Declaration of Roger Kirnos in Support of Plaintiffs' Motion for Attorney...

Excerpt: ...the actual Second Amended Complaint was not filed with the Court until December 14, 2023, apparently due to inadvertence, and the demurer and motion to strike were continued to this date for that reason. Since the Second Amended Complaint was clearly timely served on Defendant, the Court exercises its discretion to rule on the merits of matters briefed by the parties notwithstanding the late filing of the Second Amended Complaint with the Court. ...

Excerpt: ...Defendant PHH Mortgage to the Complaint's First Cause of Action for Breach of Contract is SUSTAINED WITH LEAVE TO AMEND to plead around the statute of limitations. The alleged breach of the Homeowner Bill of Rights based on the claim that after approval of a Trial Period Plan on November 17, 2017, Defendant violated the Homeowner Bill of Rights by failing to offer a permenant loan modification following completion of the Trial Period Plan on Febr...

Excerpt: ... in the amount of $500 to Plaintiff on or before February 16, 2023. The Motion for Sanctions is otherwise, DENIED. Motion to Compel Response and Production of Documents by Defendant Kuo-Chen Liao and for Monetary Sanctions The Unopposed Moton to Compel Response to Request for Production of Documents and Production of Documents by Defendant Kuo-Chan Liao and for Monetary Sanctions of $997.50 against Defendant Kuo-Chan Liao and its counsel, Cyril L...

Excerpt: ...ed to cause unnecessary delay, and are not made in good faith or with a good faith belief that grounds for disqualification exist under the laws of the State of California. (Exhibit A to Defendants' Request for Judicial Notice [Order re Plaintiff's [Cyrus John Nownejadl Motion to Disqualify Ricky Wallace, Esq. and his law firm from representing Lenore Wilson as Trustee of the Wilson Charles & Lenore 2015 Rewcable Living Trust incorrectly named as...

Excerpt: ...liminate the claim presentation requirement for childhood sexual abuse claims and to modify Government Code S 905(p) make such changes to the presentation requirement retroactive. The instant demurrer does not dispute that the changes to Code of Civil Procedure S 340.1 and Government Code S 905 were not enacted into law and further does not dispute that such changes to the law are binding with respect to non- governmental entities. Instead Defend...

Excerpt: ... the claim presentation requirement for childhood sexual abuse claims and to modify Government Code S 905(p) make such changes to the presentation requirement retroactive. The instant demurrer does not dispute that the changes to Code of Civil Procedure S 340.1 and Government Code S 905 were not enacted into law and further does not dispute that such changes to the law are binding with respect to non- governmental entties. Instead Defendant argue...

Excerpt: ...liminate the claim presentation requirement for childhood sexual abuse claims and to modify Government Code S 905(p) make such changes to the presentation requirement retroactive. The instant demurrer does not dispute that the changes to Code of Civil Procedure S 340.1 and Government Code S 905 were not enacted into law and further does not dispute that such changes to the law are binding with respect to non- governmental entities. Instead Defend...

Excerpt: ...liminate the claim presentation requirement for childhood sexual abuse claims and to modify Government Code S 905(p) make such changes to the presentation requirement retroactive. The instant demurrer does not dispute that the changes to Code of Civil Procedure S 340.1 and Government Code S 905 were not enacted into law and further does not dispute that such changes to the law are binding with respect to non- governmental entities. Instead Defend...

Excerpt: ...liminate the claim presentation requirement for childhood sexual abuse claims and to modify Government Code S 905(p) make such changes to the presentation requirement retroactive. The instant demurrer does not dispute that the changes to Code of Civil Procedure S 340.1 and Government Code S 905 were not enacted into law and further does not dispute that such changes to the law are binding with respect to non- governmental entities. Instead Defend...

Excerpt: .... The Motion for Summary Judgment by Defendant Freewill Baptist Church was not granted on September 15, 2023 solely because Requests for Admission were Deemed Admitted, but because the Court found that the evidence presented by Plaintiff failed to establish a triable issue of material fact as to whether Defendant Harris was acting within the course and scope of his employment at the time of the accident, despite have received a continuance pursua...

Excerpt: ...ed to lead to the discovery of admissible evidence OVERRULED with regards to Requests 1, 2, 3, 7, 8, 9, 12, 18, 19, 20, 21, 22 and SUSTAINED with regard to 28, 29, 32,33, 44, 45, 64, 65, 66, 57, 79, 80, 89, 91, 92, 101, 111, 112, 115, 116, 117, and 118. Defendant's objection on the grounds of burdensome and oppressive are SUSTAINED and while Defendant is ordered to provide a supplemental response without the objections overruled above, Defendant ...

Excerpt: ...D SUBJECT TO INSPECTION OF VISUAL AIDS PRIOR TO COMMENCEMENT OF OPENING STATEMENT AND WITHOUT PREJUDICE TO OBJECTION TO SPECIFIC VISUAL AID, 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) 725-4111 to notify the court of your intent to appear. 2. You must give notice to all other parties before 4.•CK) p.m. of your intent to appear. Per Cali...

Excerpt: ...ntil the last possible date. Plaintiff contends that the discovery is intended to harass and interfere with trial preparation, and Defendant contends it is their right to do so. Plaintiff, on the other hand, seeks to avoid providing any information whatsoever, relying on technical objections, some of which have merit, and a number of other objections that do not have merit. The Court is thus left with duty to weigh the equities, on the one hand t...

Excerpt: ...sed against defendant's counsel in the amount of $850.W, payable by December 13, 2023. The prevailing party is directed to prepare a written order consistent with the Court's ruling and provide a copy to opposing party/counsel for comment as required by California Rules of Court, rule 3.1312. The order is to be submitted by electronic filing to Hon. Brian L. McCabe. Motion to Compel Responses to Its Special Interrogatories Set One from Defendant ...

Excerpt: ... Action for Intentional Infliction of Emotional Distress; Tenth Cause of Acton for Fraud and Deceit; and Eleventh Cause of Acton for Writ of Mandate contained therein are OVERRULED. For purposes of the instant Demurrers, the allegations of the First Amended Complaint and all reasonable inferences that can be taken therefrom are assumed to be true and various representations of fact in the pending demurrers and joinders thereto are mere argument c...

Excerpt: ...d spill in the chemical aisle prior to the slip and fall, but then left the chemical aisle to help another customer find a product in the candy aisle." Defendant's objections to this testimony are OVERRULED. There is no lack of foundation, as Plaintiff personally heard the alleged statement by Walmart employee Benjamin Vilalovos. The statement is not hearsay, as it is offered to establish knowledge of a fact, the alleged spill, not the truth of t...

Excerpt: ... July 12, 2023 seeking to reschedule the instant demurrer because the very agencies that had not been named as parties to this action were negotiating a potential reopen of the fishway, and that it is possible that this will lead to an agreement which moots the prayers for relief. It is also possible that an agreement will not be made and this litigation must continue." Clearly, if the litigation is going to continue because one or more of the ag...

Excerpt: ...e exists to grant the relief requested. 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 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 argumen...

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: ...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: ...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: ... 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...

Excerpt: ...rnative Summary Adjudication on the grounds that Civil Code Section 1009 bars claims by Plaintiff Anthony Silva and Plaintiff Daniel Silva for (1) Quiet Title to Easement by Prescription, (2) Declaratory Relief, and (3) Interference with Easement because Plaintiffs are members of the general public and not adjacent landowners is DENIED WITHOUT PREJUDICE. While it is possible that facts exist that would cause Civil Code Section 1009 to bar Plainti...

Excerpt: ...ion of Documents Set No. 1, and for Monetary Sanctions of $2,169.00 Against Plaintiff's Counsel Harry B. Gill Pursuant to CCP § 2031.280(a) is GRANTED IN PART AND DENIED IN PART. Request 16: [Documents Supporting Contentions that Flagstar Bank Loan as been paid] The original objections to Request 16 by Plaintiff Jaswinder Kaur on the grounds of overly broad, oppressive, unduly burdensome, harassing, vague and ambiguous, unlikely to lead to the d...

Excerpt: ...native Summary Adjudication on the grounds that Civil Code Section 1009 bars claims by Plaintiff Anthony Silva and Plaintiff Daniel Silva for (1) Quiet Title to Easement by Prescription, (2) Declaratory Relief, and (3) Interference with Easement because Plaintiffs are members of the general public and not adjacent landowners is DENIED WITHOUT PREJUDICE. While it is possible that facts exist that would cause Civil Code Section 1009 to bar Plaintif...

Excerpt: ...ons of $5,419.71 pursuant to CCP § 2023.010 is GRANTED IN PART AND DENIED IN PART. Request No. 5 [Documents Relating to Quality Control of Microinverter models including model number APS YC‐500A]: The Objections by Cross‐Defendant Altenergy Power Systems USA Inc., on the grounds of relevance, not calculated to lead to the discovery of admissible evidence, unduly burdensome, oppressive, seeking confidential proprietary trade secret informatio...

Excerpt: ...by January 13, 2023, a Supplemental Verified Response omitting the objections overruled above and containing a privilege log listing each responsive document withheld on grounds of work product doctrine or attorney‐client privilege. Such supplemental verified response shall include a representation that Defendant has made a diligent search and conducted reasonable inquiry, and that all responsive documents in Defendant's possession or control, ...

Excerpt: ...anger to the contract, i.e., a defendant who is neither a party or an agent of a party. (Applied Equipment Corp. v. Litton Saudi Arabia Ltd. (1994) 7 Cal.4th 503, 513‐514; Redfearn v. Trader Joe's Co. (2018) 20 Cal.App.5th 989, 1001‐1003.) The Second Amended Complaint alleges in Paragraphs 2 and 11 that Defendant Armando Diaz was a principal and agent of Defendant Soldavi which was in turn agent for the Sellers, the Lakireddys, who were parti...

Excerpt: ...a and Dustin Oliveira to Quash Subpoena to Third Party San Joaquin Valley Hay Growers Association for Production of Documents concerning financial information concerning Defendants Frank Oliveira and Dustin Oliveira, specifically Requests 1‐3, and 5‐16, and for monetary sanctions in the amount of $2,969.40 against Plaintiff Caetano Custom Tractor and its Counsel.pursuant to CCP § 1987.2 is GRANTED. First, there is no showing of good cause ju...

Excerpt: ... Greenman v. Yuba Power Prods., Inc. (1963) 59 Cal.2d 57, 60‐61 [California Law].) The Agreement on which the action against Ford Motor Company is based expressly states in Pagaraph 14 that the Dealer is not an agent of the company and may not, in “any manner assume or create any obligation on behalf or or in the name of the Company.” Since Defendant Ford Motor Company was not bound by the arbitration agreement between Plaintiff and Defenda...

Excerpt: ...rown, and harvested and sold or are in the process of being grown, harvested and sold. There appears to be no dispute that Mr. Chillara has declined to pay for the farming expenses necessary to grow and harvest such almonds and there appears to be no dispute that Mr. Khera has not turned over the sales proceed to Mr. Chillara, but there is no evidence that the sales proceeds have been misappropriated. It appears that the purpose of the proposed i...

Excerpt: ...nd Does 1‐25 as Defendants and alleging causes of action for (1) Trespass to Land, (2) Private Nuisance, Elder Abuse, Violations of Penal Code § 496c, Negligence, and Negligent Infliction of Emotional Distress based on allegations that Defendant Ramirez entered land owned by Plaintiff and installed water pipes transmitting water from Plaintiff's land to Defendant's land. Defendant Ramirez filed an answer on September 14, 2020. On August 3, 202...

Excerpt: ...ossesses independently, and the Non‐Individual claim that can be brought in a representative action, and held that when an employee signs an arbitration claim, his individual claim subject to the agreement. Thus, the sole issue before this court is whether the instant Plaintiff signed an arbitration agreement that covered his Individual Claim. The evidence before this Court is that Defendant has a policy of requiring employees to sign arbitrati...

Excerpt: ... counsel for Defendant Trinidad pursuant to CCP § 2031.320(b) and 2023.030(f)(i) is GRANTED. Defendant Trinidad's objections to the following Requests for Admission are OVERRULED and Defendant Trinidad is ordered, by November 18, 2022, to serve verified supplemental responses, without objections that unambiguously admit or deny the following Requests for Admission: Request 30, 32, 36, 42, 43, 44, 45, 46, and 47. Counsel for Defendant Trinidad sh...

Excerpt: ...age in Interactive Process pursuant to Government Code § 12940, Fourth Cause of Action for Failure to Accommodate Disaiblity pursuant to Government Code § 12940, and Fifth Cause of Action for Retaliation pursuant to Government Code § 12940 are without merit is GRANTED. Each of the Five Motions for Summary Adjudication are based on the same, identical, 54 Undisputed Facts, i.e. Undisputed Facts 1‐54 with regard to the Motion for Summary Adjud...

Excerpt: ...ential creation of a settlement contract if rejected. The fact that the form of offer may not have successfully achieved those benefits if rejected is irrelevant because the offer was in fact delivered to Defendants and was accepted by 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....

Excerpt: ...rty tax. (Government Code § 5898.31; Silicon Valley Taxpayers' Assn. v. Santa Clara County Open Space Authority (2008) 44 Cal.4th 431, 443) and are therefore subject to the “pay first litigate later rule.” (See e.g. California Department of Tax and Fee Administration v. Superior Court (2020 48 Cal.App.5th 922, 932.) Declaratory Relief is not available when there is a plain, complete, speedy and adequate remedy at law. (Flying Dutchman Park, ...

Excerpt: ...tion for Summary Judgment or Summary Adjudication, the moving party must submit a separate statement supported by admissible evidence that establishes a prima facie case that the moving party is entitled to judgment as a matter of law. Plaintiffs and Cross‐Defendants Sandton Credit Solutions Master Fund IV LP and Sandton Agriculture Investments, LLC filed the requisite separate statement and supporting evidence, including a request for judicial...

Excerpt: ...ential creation of a settlement contract if rejected. The fact that the form of offer may not have successfully achieved those benefits if rejected is irrelevant because the offer was in fact delivered to Defendants and was accepted by Defendants thereby creating a contract. The fact that Plaintiff may have misunderstood lien law when extending the law or the fact that Plaintiff's attorney did not sign the offer pursuant to CCP § 998 does not pr...