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...