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...

Excerpt: ...ot Liable for Water Related Damages. Tentative Ruling: Motion in Limine #1 is GRANTED. Defendants Ramson Piro Construction & Development, Inc. and Piro Enterprises, Inc. Are being sued in two capacities: (1) As the Developer that designed and built the Plaintiffs' Homes; and (2) As the Developer that Sold the Subject Homes to the Plaintiffs. The following tentative rulings shall become the ruling of the court unless a party gives notice of intent...

Excerpt: ...ses to Form Interrogatories is GRANTED and the objections to such Form Interrogatories, brought by Plaintiff Parkash Pabla, are OVERRULED. To the extent that a Form Interrogatory requests information concerning a classification of damages that Plaintiff is not seeking, Plaintiff may provide a full and complete response by unambiguously waiving any right to that category of damages as a complete response. Plaintiff Parkash Pabla is ordered to prov...

Excerpt: ...ontent of each such statement, and the manner in which each such statement was conveyed. (See e.g. Robinson Helicopter Co., Inc. v. Dana Corp. (2004) 34 Cal.App.4th 979, 993. Furthermore, allegations of fraud against a corporate entity must state the name of each person who made each alleged statement, that person's authority to speak for the corporation, to whom that person spoke, what they said or wrote, and when each such statement was oral or...

Excerpt: ...ensed healthcare provider and that the claims brought against such Defendant are claims based on the healthcare provider's alleged failure to provide appropriate medical care. Accordingly, Defendant Anberry Transitional Care LLC is entitled to the benefits of MICRA. (See Ruiz v. Podolsky (2010) 50 Cal.4th 838, 849 [“we are persuaded that [CCP] section 1295, construed in light of its purpose, is designed to permit patients to bind their heirs in...

Excerpt: ...fore the Contractors State License Board. Defendant asserts that since the contractor's license bond is a statutory bond, not a contract bond or common law bond where a balance of equities may be considered by the court, the fact that the statutory scheme does not require exhaustion of administrative remedies via the filing of a CSLB administrative complaint, the Legislature is deemed to have chosen not to make exhaustion a requirement and theref...

Excerpt: ... § 1793.2, are without merit because Defendant Ford Motor Company promptly offered to repurchase or replace Plaintiff's truck prior to the filing of Plaintiff's Complaint. Defendant's Motion for Summary Judgment is Supported Facts 1‐30 which appear to be supported by admissible evidence, and those same facts are incorporated by reference into three additional issues seeking Summary Adjudication of the First, Second, and Third Causes of Action ...

Excerpt: ...dently caused, and (2) Defendant First National Insurance Company of America owes a duty to defend Erick Baumbach‐Madriz (aka Erick Baumbach) in the litigation of property damage claims arising out of a fire that he accidently caused. Plaintiff California Mutual Insurance Company brought a subrogation action and obtained a default judgment on September 22, 2020, against Erick Baumbach‐Madriz (aka Erick Baumbach) in the amount of $327,171.32 i...

Excerpt: ...tion for Summary Judgment on the grounds that any duty that Ransom Piro Construction & Development, Inc. and Piro Enterprises, Inc might have had to limit or mitigate water intrusion from the Merced Irriagation District Canal was a duty owed to the Plaintiff homeowners in this action, not to Merced Irrigation District, the entity ulimtimately responsible for water intrusion and the public entity whose failure to contain waters under its control m...

Excerpt: ...n (k) is dependent on a claim of actual discrimination: Employers should not be held liable to employees for failure to take necessary steps to prevent such conduct, except where the actions took place and were not prevented. (Id., quoting Trujillo v. North County Transit Dist. (1998) 63 Cal.App.4th 280, 289].) This court held above that Discrimination did not occur because there was no material adverse employment action, but that a triable issue...

Excerpt: ...amed as Defendant in the First and Second Cause of Action only, brings the instant motion for Summary Judgement on the Grounds that (1) there is no triable issue of material fact with regard to the First Cause of Action for Negligence because Defendant did not owe a Duty to Plaintiff nor did Defendant Cause Plaintiff's injuries; and (2) there is no triable issue of material fact with regard to the Second Cause of Action for Strict Liability as De...

Excerpt: ...t‐cause requirements of The Tenant Protection Act of 2019, Civil Code § 1947.2(a). A Demurrer to the complaint was overruled on 3‐29‐21, and a motion to compel discovery was withdrawn on 4‐26‐21 because the Defendant was no longer in possession of the property and the case would proceed as a normal civil unlimited. The clerk of the Court does not appear to have reclassified this matter as a general civil unlimited case. Counsel for Pla...

Excerpt: ...s: 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 will only conduct remote hearings. Parties who contest the tentative ruling or wish to appear remotely at a ...

Excerpt: ...s Manual published by YOU and provided to YOUR authorized repair facility(s) within the State of California, from 2017 to present. [This request will be understood to include production of any and all versions of such manual as distributed to YOUR dealerships during the relevant time frame.]” Defendant objected to the request on the grounds that it was overbroad and seeks documents that are not relevant and not reasonably calculated to lead to ...

Excerpt: ...s Manual published by YOU and provided to YOUR authorized repair facility(s) within the State of California, from 2017 to present. [This request will be understood to include production of any and all versions of such manual as distributed to YOUR dealerships during the relevant time frame.]” Defendant objected to the request on the grounds that it was overbroad and seeks documents that are not relevant and not reasonably calculated to lead to ...

Excerpt: ...LLC owns all crops produced by such almond farm, that non‐party Dilbag Khera, a member of Plaintiff DS Orchards LLC who resigned in January and March of 2021 and Defendant Cardella Merced LLC, an entity that is alleged to be controlled by Dilbag Khera, who controls Defendant Cardella Merced LLC, were ordered to vacate the almond farm, that non‐party Dilbag Khera refused to vacate and continues to operate the almond orchard, and that non‐par...

Excerpt: ...aint's First Cause of Action for Violation of Statutory Standards pursuant to CCP § 430.10(f) on the grounds that it is vague, ambiguous, unintelligible, and uncertain; (3) to the Complaint's Third Cause of Action for Breach of Implied Warranty pursuant to CCP § 430.10(e) on the grounds that it fails to state facts sufficient to establish a cause of action and pursuant to CCP § 430.10(f) on the grounds that it is vague, ambiguous, unintelligib...

Excerpt: ...of Action for Retaliation against Defendant N & S Tractor Company; and a Third Cause of Action for Race/Ethnicity Language Discrimination against Defendant N & S Tractor Company. Plaintiff seeks to compel further responses to the following Form Interrogatories propounded on Defendant N & S Tractor Co.: 207.1 [Written Policies or Regulations by Employer; and (a) title; (b) manner communicated; (c) manner receipt acknowledged; (d) contentions regar...

Excerpt: ...ubstantive responses. In the current motion Plaintiff seeks to compel further responses to Special Interrogatories 2, 8, 10, 17, 18, 19, 24, 27, 36, 47, 50, and 53. Since Defendant Viking Ventures LLC and Defendant Dollar Tree Stores, Inc. are represented by the same counsel, they filed a joint opposition to this motion and the separate motion brought against Defendant Dollar Tree Stores, Inc. below. This court finds that the supplemental respons...

Excerpt: ...gs ended on May 2, 2022, and the public has been granted ongoing access to the courthouse, without masks, though individuals preferring to wear masks are permitted to do so. The fact that Plaintiff resides with elders who are especially susceptible to potential COVID19 variations, does not preclude an in‐person deposition providing that reasonable protocols are observed. Plaintiff David Chavez has agreed to serve as a Representative Plaintiff a...

Excerpt: ...speak on behalf of each corporation, (3) the person or persons to whom each misrepresentations was made, (4) what the individuals who made the misrepresentations said or wrote, and (5) when each misrepresentation was said or written. (Lazar v. Superior Court (1996) 12 Cal.4th 631, 645; Tarmann v. State Farm Mut. Auto Ins. Co. (1991) 2 Cal.4th 153, 157; Perlas v. GMAC Mortg. LLC (2010) 187 Cal.App.4th 429, 434.); and (B) leave to amend to plead th...

Excerpt: ... on the real property located at 2521 Burgundy Drive, Livingston. (See Cross‐Complaint ¶ 8, ¶ 11.) On April 8, 2022, Plaintiffs and Cross‐Defendants Parkash Pabla and Jaswinder Kaur filed the instant Special Motion to Strike Cross‐ Complaint of ECP LP Pursuant to CCP § 425.16 (Anti‐Slapp). Courts employ a two‐prong inquiry to determine if a Cross‐Complaint is subject to a Cross‐Defendant's special motion to strike: In the First P...

Excerpt: ...hich are defined to include Defendant Stonefield Homes, Inc. Plaintiffs Demurrer attacks fifteen of the affirmative defenses contained in the Answer filed by Defendant Stonefield Home, Inc. in its Answer to Complaint filed March 23, 2022, specifically, Plaintiffs demur to (1) the Third Affirmative Defense [Assumption of Risk], (2) the Fourth Affirmative Defense [Non‐economic Damages],(3) the First Sixth Affirmative Defense [Failure to State a C...

Excerpt: ...21, Plaintiffs Yogesh Chander Gandotra and Kusman Gandotra, individually and as Trustees of the Gandortra Trust, dated August 7, 2017, Shaan Shannon Stores, Inc, DBA Shannon's Mini Mart and Shaan Gandotra (collectively “Plaintiffs”) filed a new case, 21CV‐01491, containing Points and Authorities in Support of Order to Show Cause re Contempt and Declarations by Bruce J. Henricks and Shaan Gandotra in support of Contempt. Accordingly, on May ...

Excerpt: ...l Interrogatories and Request for Monetary Sanctions of $1,680 against Plaintiff and her counsel pursuant to CCP § 2030.290 is GRANTED IN PART AND DENIED IN PART. While the Special Interrogatories at issue were titled “Requests for Admission” on Page 3 of the Special Interrogatories attached as Exhibit A to the Declaration of Adam F. Summerfield filed March 22, 2022, the discovery propounded unmistakably constitute special interrogatories to...

Excerpt: ...t prevails in this Arbitration, it should be accorded attorney's fees and costs as a prevailing party and /or pursuant to Section 1780(6) of the CLRA. Western Motors also appealed to the Arbitrator's discretion under the Rules to award fees in circumstances like these where a Claimant may have failed diligently to investigate claims before pursuing them. [¶] In this matter, the Arbitrator does not consider Respondent's entitlement to fees or cos...

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