Excerpt: ...ting this tentative ruling will become the order of the court and service by the clerk will constitute notice of the order. Re: Olivera, Lucia vs. Anderson, Daniel Lee Case No.: PCL 200306 Date: December 7, 2021 Time: 8:30 A.M. Dept. 23‐The Honorable Gary M. Johnson Motions: Defendant Anderson's Demurrer Tentative Ruling: To overrule Defendant Anderson's Demurrer. Defendant Anderson shall file his answer no later than December 13, 2021. Facts a...

Excerpt: ... file for a second time the moving papers and declarations that are already on file with the court. Accordingly, the motion to approve the settlement pursuant to the Private Attorney General Act of 2004 is preliminarily denied without prejudice. The hearing on this matter is continued to February 8, 2022 at 8:30 a.m.in Department 7 of this court. Case management conference is likewise continued to February 8, 2022 at 8:30 a.m. in Department 7. 1....

Excerpt: ...r Authority (“FWA”) seeks to acquire farmland owned by defendants assigned Tulare County Assessor's Parcel Numbers 302‐140‐011, 319‐140‐001, and 319‐140‐ 028. This property that the FWA seeks to acquire is needed for repair of the Friant‐Kern Canal. The Canal is operating at diminished capacity and this project seeks to restore the Canal to its optimal capacity. This property the FWA seeks consists of fee interests in land plant...

Excerpt: ...ersonally served with a “30 Day Notice to Terminate Tenancy” under Civil Code section 789. On November 11, 2021, the period stated in the 30 Day Notice expired. On November 16, 2021, Plaintiff filed this unlawful detainer action. The Complaint states that Defendant has been occupying the unit since June 2011 based on oral agreement and that the tenancy is at will. The Complaint further alleges, under 7.a., that the at will tenancy “is not s...

Excerpt: ...ondent Pedro Zamora. The Corporation's principal place of business is 752 S. Farmersville Boulevard, Farmersville in Tulare County. This Petition seeks inspection of various corporate records, including: “stock certificate book, a stock register, a journal showing its business transactions, ledgers into which the transactions are posted, and a record of the meetings of the board of directors, minutes from shareholder meetings, minutes from Boar...

Excerpt: ...ry Judgment on the basis that the undisputed facts fail to constitute a cause of action against the County. Although the County alternatively seeks summary adjudication, the County has failed to follow California Rule of Court 3.1350(b) requiring that, for summary adjudication, “the specific cause of action, affirmative defense, claims for damages, or issues of duty must be stated specifically in the notice of motion and be repeated, verbatim, ...

Excerpt: ... the Doe Defendants was entered the same day. On October 15, 2021, Plaintiff filed this motion to be relieved of the dismissal of Doe Defendants by prior counsel of Plaintiff. Plaintiff notes as the Doe Defendants are “vital to the two causes of action of quit title and adverse possession as there would be other potential Defendants who are owners of record of the parcel in dispute.” Analysis California Code of Civil Procedure section 473(b) ...

Excerpt: ...aring date. Facts Plaintiffs allege that, in May 2010, they observed a flyer indicating that Parcel No. 328‐100‐ 011 (the “Property”) was for sale, by owner. The flyer indicated the Property included approximately 15 acres improved with a barn, single wide mobile home, small shed, water well, water tank and gravel driveway. Plaintiffs contacted the owners of the Property, Defendants. Defendants confirmed that the Property was as described...

Excerpt: ...rovide accurate itemized wage statements alleged by each of plaintiffs (1) James Alvarez, (2) Raul Chavez, Jr., (3) Ruben Marquez, (4) Jeffrey McKeehan, (5) Javier Fonseca, and (6) Juan Barrera. Defendant Visalia Ceramic Tile, Inc. (VCT) filed six separate motions for summary adjudication against plaintiffs Alvarez, Chavez, Jr., Marquez, McKeehan and Fonseca on August 24, 2021. Plaintiffs Alvarez, Chavez, Jr., Marquez, Fonseca, and Barrera filed ...

Excerpt: ...the merits evaluation required by Kullar v. Foot Locker Retail, Inc. (2008) 168 Cal.App.4th 116, 129 as well as itemized cost information and a supplemental declaration from the Class Representative, Plaintiff Ronald Acker. On November 24, 2021, the Court received two supplemental declarations from counsel and one declaration from Plaintiff Acker addressing these issues. The supplemental declaration of Heather Davis provides sufficient informatio...

Excerpt: ...n, however, is that the general rule is limited to those material facts properly pleaded and does not apply to conclusions of fact or law. Moore v. Regents of University of California (1990) 51 Cal.3d 120, 125. For example, a bare allegation that an act is illegal, unlawful, unauthorized, wrongful, or fraudulent is a conclusion of law that need not be accepted as true. 4 Witkin, Cal. Procedure (4th Ed. 1997) Pleading section 345, pp. 444‐445. A...

Excerpt: ...ring on November 30, 2021. The court finds and rules as follows: On July 9, 2021, the settlement administrator received a mailing list of 234 potential class members from defendant's counsel with names, contact information, social security numbers and relevant employment information. The administrator processed the names through the National Change of Address Database and updated the list with any updated addresses located. Class notice was sent ...

Excerpt: ... the provisions of California Code of Civil Procedure section 664.6.” Thereafter, also on May 21, 2020, the parties executed an addendum to this original settlement agreement. Notably, this addendum called for the parties to file a “Request for Dismissal of the entire Action, with prejudice.” A dismissal of the entire action, with prejudice occurred July 1, 2020. Thereafter, Defendant allegedly could not make the requisite payment under the...

Excerpt: ...endant First American National LLC as the current loan servicer and beneficiary of the loan and Defendant Mortgage Lender Services, Inc. as the current trustee of the loan. Plaintiffs obtained two deeds of trust on the Subject Property simultaneously in 2006. In April 2021, a Notice of Default and Election to Sell was recorded in Tulare County. Thereafter, in July 2021, a Notice of Trustee Sale was recorded. On October 8, 2021, the property was f...

Excerpt: ...ce of Termination of Tenancy: COVID Tenant Relief Act” (“Notice”) checking the box “Owner intends to withdraw the Premises from the rental market.” The Notice was posted and mailed, and provided 60 days' notice, set to expire October 31, 2021. The Notice additionally notes “no rent collected” as to relocation fees. Plaintiff then filed the complaint for unlawful detainer on November 3, 2021. The complaint indicates the action is sub...

Excerpt: .... Gallow Winery (1977) 69 Cal.App.3d 103, 114. An exception, however, is that the general rule is limited to those material facts properly pleaded, and does not apply to conclusions of fact or law. Moore v. Regents of University of California (1990) 51 Cal.3d 120, 125. For example, a bare allegation that an act is illegal, unlawful, unauthorized, wrongful, or fraudulent is a conclusion of law that need not be accepted as true. 4 Witkin, Cal. Proc...

Excerpt: ...ant and cross‐complainant's cross‐complaint for breach of contract pursuant to California's anti‐SLAAP statute, Code of Civil Procedure section 425.16. This case arises from SPAS's breach of contract suit against defendant and cross‐complainant Ihssan Alqudah (Alqudah), a former tenant under a commercial lease, which followed the resolution of a prior separate unlawful detainer suit against Alqudah by stipulated judgment. SPAS sued Alquda...

Excerpt: ...her individual PAGA claim as well as $3,965.53 attorneys' fees and $1,590.00 in costs. Case Management Conference is continued to March 24, 2022: 8:30 am; D1. If dismissal is filed prior to said date the CMC will fall off calendar. Facts Plaintiff filed this action for various violations of California's Labor Code and Private Attorney General Act related to wage and hour issues including failure to pay minimum and overtime wages, failure to provi...

Excerpt: ...or other information regarding the $25,000 in costs, as requested previously; and (3) a declaration from Central California Legal Aid Services, as requested previously. The hearing and CMC are continued to January 20, 2022; 8:30 am; D1 to allow for further briefing. 1. Enhancement Awards to Class Representative Plaintiff Nereida Barela has submitted a declaration purporting to support an enhanced class representative award of 7,500.00. The Court ...

Excerpt: ...ians, to quiet title to property in Tulare County based on adverse possession. The dispute concerns a small area of land at a portion of the border between the plaintiff's property to the west and Hachigian's property to the east. Plaintiff alleges property she acquired in 2012 (as reflected in a deed attached to her complaint as “Exhibit ‘C' ”) shares a fence with the Hachigians' property to the east. Plaintiff further alleges, “[o]n inf...

Excerpt: ...val of class action settlement, attorneys' fees, costs and enhancement award came on for hearing on November 18, 2021. The court finds and rules as follows: On July 22, 2021, the settlement administrator, ILYM Group, received a mailing list of 1,585 potential class members from defendant's counsel with names, contact information, social security numbers and relevant employment information. The administrator processed the names through the Nationa...

Excerpt: ...ses of action (2) The Court grants the motion to strike the references to punitive damages found in paragraphs 38, 48, 55, 61, 72, 88 of the FAC and paragraph 5 of the prayer with 20 days leave to amend. (1) Relevant Facts This matter involves Plaintiff's experiences and treatment by Defendant Needham as her therapist. Plaintiff alleges that Defendant Needham knew Plaintiff was particularly vulnerable, that she was particularly susceptible to har...

Excerpt: ...ly with a claims statute and that he has complied with applicable claims statutes. Plaintiff then alleges a breach of contract whereby the breach occurred July 30, 2018. The Court's review of the complaint notes that no separate cause of action appears to be pled for defamation, although defamation is listed as a cause of action under Section 8 of the form complaint. The Court, however, exercises its discretion to give a reasonable interpretation...

Excerpt: ...dants executed a written agreement to lease the subject property via a month to month tenancy. On October 14, 2021, the complaint was filed and notes that the tenancy was terminated via a three (3) day notice to pay rent or quit, served September 10, 2021 (“Notice.”) The Notice indicates rent in the amount of $1,010 was due for the period July 1, 2021 through September 1, 2021. Along with the complaint, the verification regarding rental assis...

Excerpt: ...d came on for hearing on November 16, 2021. The court finds and rules as follows: On or May 22, 2021, the settlement administrator received a mailing list of 104 potential class members from defendant's counsel with names, contact information, social security numbers and relevant employment information. The administrator processed the names through the National Change of Address Database and updated the list with any updated addresses located. Cl...

Excerpt: ...nts executed a written agreement to lease the subject property via a month to month tenancy. The complaint notes the tenancy is subject to the Tenant Protection Act of 2019 and that the tenancy was terminate for an at‐fault just cause under Civil Code section 1946.2(b)(1). ‘ A three‐day notice to perform covenants or quit was delivered personally to Defendants on October 6, 2021 for violations of the right of entry and inspection, for viola...

Excerpt: ...t as arbitrator for this court's consideration, in advance of the continued hearing. Petitioner filed his petition to compel arbitration on October 1, 2021. The petition sets forth the provisions of two written agreements (an “Asset Sale Agreement” and a “Security Agreement”), allegedly between the parties, that provide for arbitration, and, in addition, copies of the agreements are attached to the petition. (See Cal. Rules of Court, rule...

Excerpt: ...fendant August 27, 2021. Defendant's Notice of Entry of Judgment, and the accompanying proof of service, was filed September 10, 2021. Defendant's Memorandum of Costs and accompanying points and authorities were served by mail September 9, 2021. (No e‐service was utilized pursuant to the proof of service.) Pursuant to California Rule of Court 3.1700(b), any motion to tax costs must be served and filed 15 days after service of the cost memorandu...

Excerpt: ...roperty owned by Defendants Welcome Group Inc. (“Welcome”) and Hotel Circle GL Holding, LLC (“Hotel”) on or about September 22, 2020. Plaintiff filed her complaint on March 3, 2021, naming initially only Welcome. Welcome answered on April 19, 2021. Hotel was added in September 2021 and answered on September 29, 2021. Defendants Welcome and Hotel claim that review of discovery, depositions and other information related to this case have re...

Excerpt: ...t inducement. FCA claims plaintiff is contractually obligated to arbitrate his causes of action pursuant to the terms of an arbitration agreement between plaintiff and the selling dealer, Porterville Chrysler Jeep Dodge (Porterville). The arbitration agreement states, in part: “Any claim or dispute, whether in contract, tort, statute or otherwise (including the interpretation and scope of this Arbitration Provision, and the arbitrability of the...

Excerpt: ...plaintiff's motion has been filed. The Court finds as follows: The settlement administrator received an electronic list of 7,755 potential class members from defendant's counsel with names, contact information, social security numbers and relevant employment information. The administrator processed the names through the National Change of Address Database and updated the list with any updated addresses located. Class notice was sent by mail Septe...

Excerpt: ...17, 2021. In its ruling on September 13, 2021, this Court noted “The court is circumspect, however, in awarding fees for Mr. Grace's legal services provided to his wife and what, this court assumes, are entities owned and/or controlled entirely by Mr. and Mrs. Grace. The court believes there is reason to doubt the arms length nature of this arrangement, particularly as Mr. Grace's valuation of his services is based on [a single occasion in 2003...

Excerpt: ...19 against named defendants Koetsier, Rodriguez and Villegas, and “Does 1‐20,” alleging the defendants failed to provide necessary insurance coverage for plaintiff's business. The action arose after plaintiff learned of a potential discrimination claim by an employee and was told it did not have coverage for the claim. Code of Civil Procedure section 474 permits a plaintiff who is ignorant of the name of a defendant to designate the defenda...

Excerpt: ...gligent infliction of emotional distress and willful misconduct regarding the manner, method and person with whom Plaintiff's children were placed. The Court notes that no opposition has been filed to the demurrer. Standard of Review on Demurrer The purpose of a demurrer is to test whether a complaint “states facts sufficient to constitute a cause of action upon which relief may be based.” (Young v. Gannon (2002) 97 Cal.App.4th 209, 220. To s...

Excerpt: ...mpted to overtake a UPS truck preparing to make a left turn operated by Plaintiff's father. Defendant Galvan's vehicle collided with the UPS truck, causing Plaintiff's father to suffer serious injuries and ultimately die. In support of his claim for punitive damages, Plaintiff alleges malice and oppression, as well as five paragraphs of facts alleging supporting the claim. Plaintiff's support for punitive damages, as pled, can be summarized as fo...

Excerpt: ...otice of Termination of Tenancy Due to Withdrawal of Property from the Rental Market” (“Notice”) to be posted and mailed on May 12, 2021. The Notice provided 60 days notice, set to expire July 13, 2021. Plaintiff then filed its complaint for unlawful detainer on July 15, 2021. Authorities and Analysis The Court notes at the outset that neither Tulare County, nor Strathmore have instituted rent control measures. The Court is not persuaded th...

Excerpt: ...bject of this action; and (b) to take over the business of Magnolia Park, LLC operating an assisted living facility at one of the properties, but only after the receiver (or anyone on the receiver's behalf) obtains “an appropriate license … from the State of California Department of Social Services.” Plaintiffs argue, in their points and authorities, that new facts and circumstances are present incident to a Covid‐19 outbreak at the facil...

Excerpt: ...de §1793.2(b); (3) violation of Civil Code §1793.2(a)(3); (4) breach of express written warranty – Civil Code §§1791.2(a), and 1794; (5) breach of implied warranty of merchantability – Civil Code §§1791.1 and 1794 and (6) fraud by omission. Plaintiff pled causes of action (1), (2), (3), (4) and (6) against manufacturer Defendant FCA US, LLC (“FCA”), suing Defendant Porterville Chrysler Jeep Dodge Ram for cause of action (5). Defenda...

Excerpt: ... Private Attorneys General Act of 2004” (PAGA). Plaintiff alleges the action is a “representative action” on behalf of the State of California and various groups of employees alleged to be aggrieved by various Labor Code violations by defendant. Plaintiff has not pursued a class action for statutory or other damages to which individual group members may be entitled in their individual capacities, nor does she seek recovery of any such damag...

Excerpt: ...surer, Defendant AMCO, breached, for purposes of this demurrer, its duty of good faith and fair dealing. Plaintiff further alleges in the Seventh Cause of action for Conspiracy, that Demurring Defendants J.S. Held, LLC and Theodore M. Lister conspired with AMCO to breach that duty. Specifically, Plaintiff alleges that Demurring Defendants created an initial comparative bid for AMCO in November 2020 but subsequently created a second estimate in Ma...

Excerpt: ...ves the seizure of approximately $50,900.00 located during the execution of a search warrant of the residence of Miguel Santos. The search of the residence also yielded various amounts of processed marijuana and marijuana plants. The currency was specifically recovered from a safe whose key was located in Santos's bedroom. The physical seizure took place on July 30, 2020. Santos lived in the residence with his live in girlfriend (and claimant) Mi...

Excerpt: ...class members. The class at issue in this action consists of “milker” or “pusher” employees subject to Wage Order 14 and employed by Defendant from approximately 2015 to February 2020. The Class Period and Release of Claims covers the time period from January 20, 2017 through August 31, 2021. Plaintiffs provide estimates of the maximum recovery for each of Plaintiff's asserted wage and hour claims and penalties including information showi...

Excerpt: ...oyment, asserting claims involving alleged disability discrimination. Express now moves to compel arbitration of all plaintiff's alleged causes of action based on an agreement allegedly signed by plaintiff as part of Express's digital onboarding process in which prospective employees complete various forms electronically after being tendered a conditional offer of employment. JM joins in the motion. Plaintiff filed his complaint against defendant...

Excerpt: ...ecords, or in the alternative, motion to compel plaintiff Kyle Clarke to sign an authorization to release his VA records OPERATIVE FACTS AND ANALYSIS This case arises out of an automobile accident in February of 2019. The County of Tulare has admitted liability for the accident. As a result of the accident, plaintiff Kyle Clarke sustained a disc extrusion with cervical cord compression that to date has been treated with chiropractic therapy, epid...

Excerpt: ...renew their prior motion to certify this wage and hour action against defendant Visalia Ceramic Tile, Inc. (VCT) as to a class of “Tile Setters” and “Tile Finishers” employed by VCT for a period covering four years prior to filing of their initial complaint. Defendant opposes the motion, contending that there is a lack of numerosity and community of interest amongst the proposed class, that the proposed class representatives do not adequa...

Excerpt: ...d upon the removal of the subject property from the rental market. Plaintiff indicates that the agreement to rent the subject property was based on a written agreement made with the Plaintiff's predecessor in interest. The complaint also checks box 6.e. indicating that “A copy of the written agreement…is attached and labeled Exhibit 1.” However, no Exhibit 1 containing a copy of the written agreement was filed with the complaint. Last, the ...

Excerpt: ...obligation on the defendant: (1) To Live Stream 2‐3 times a week at 9:20 Eastern time for a few hours; (2) To post Watch lists 2‐3 times a week; (3) To work on Education materials (videos, PDF, etc) and (4) Post monthly Challenges starting at $500.00 for 30 days (month) to be reset and started again for the next 30 days. This agreement also contains a non‐competition clause. Plaintiff alleges that defendant failed to perform his duties unde...

Excerpt: ...nee. She is now confined to a wheelchair and her only mode of effective transportation is a caregiver who comes to her residence once a week. Plaintiff personally served its summons and complaint for this action on defendant on September 15, 2021 that was approximately three months after she was released from the hospital. The summons that defendant received clearly states that she has five days to respond to this complaint in writing, but defend...

Excerpt: ... Plaintiffs were apparently struck from the rear by the driver of a Chevrolet Silverado pickup after the vehicle Plaintiffs rode in was stopped on the off‐ramp south of Avenue 280. Plaintiffs allege personal injuries and damages. The Defendants are named as Adrian Wayne Griffith and Solomon Atakele Bogale, but the complaint does not appear to differentiate the defendants between the driver of the passenger vehicle containing Plaintiffs and the ...

Excerpt: ...econd cause of action; and (c) sustain, without leave to amend, the demurrer to the third cause of action for negligent misrepresentation. The court finds that, notwithstanding that Eagle Fire has failed to correctly describe the valid theory on which it seeks recovery, Eagle Fire has effectively plead a cause of action for negligent interference with prospective economic relations, and orders defendant Watts to file and serve its answer to the c...

Excerpt: ..., Pixley, California 93256. On or about September 14, 2021, plaintiff served defendants with a 3‐ day notice to perform covenant or quit based on “just cause” This 3‐day notice alleges that defendant breached the terms of the lease by (1) Failing to keep the property in good order by allowing the accumulation of rubbish and debris that obstructs the free use of the property; (2) failing to keep the property in a clean, sanitary and good c...

Excerpt: ... for wrongful death, negligence and survival. Plaintiffs allege that Ms. Spagnolini to have been a former In‐Home Supportive Services (IHSS) provider. IHSS providers perform services to aged, blind and disabled persons. Plaintiffs additionally sued the County of Kern (“County”) and the IHSS Public Authority (“Public Authority”) established by the County of Kern for the purposes of administering the IHSS program. Driver Spagnolini is all...

Excerpt: ...iled this action in this court under the belief that the defendant was a resident of Tulare County. Plaintiff subsequently learned that the defendant resides in Kings County and moves this court to transfer this action to the Superior Court for Kings County. The defendant has not yet been served. CCP §396b(a) provides that: (a) Except as otherwise provided in Section 396a, if an action or proceeding is commenced in a court having jurisdiction of...

Excerpt: ... for an owner using the insured property as a rental unit for residential purposes.” Following a fire, and plaintiff making a claim with defendant insurer on the basis of that event, the policy was rescinded by defendant American National. Plaintiff alleges in the complaint that a letter from defendants advising that the policy was being rescinded “reveals a blatantly discriminatory policy and practice on the part of Defendants, wherein Defen...

Excerpt: ...ancellation of deed and quiet title of real property action. On or about July 21, 2021, Plaintiff had the complaint served on Defendants. On or about August 26, 2021, Defendants Helen Padilla and Narciso Espinoza Padilla filed their answer to the complaint. On or about September 1, 2021, Defendant's filed a Cross‐Complaint. STANDARD OF REVIEW CCP §473(a)(1) provides that “The court may, in furtherance of justice, and on any terms as may be p...

Excerpt: ...es Alvarez, Raul Chavez, Jr., and Javier Fonseca. Defendant Visalia Tile, Inc. (VT) filed its three separate motions for summary adjudication against plaintiffs Alvarez, Chavez, Jr., and Fonseca on July 23, 2021. Each of plaintiffs Alvarez, Chavez, Jr. and Fonseca filed pleadings in opposition on October 13, 2021. Oddly, plaintiffs Ruben Marquez and Juan Barrera also filed virtually identical pleadings in opposition on October 13, 2021, despite t...

Excerpt: ...ltural spray rig owned by defendant Helena Agri‐Enterprises LLC's. Plaintiff Irma Rosas was a passenger in that vehicle. At the time of the collision Mr. Rodriguez was operating his automobile on cruise control at a speed of approximately 62 mph and never attempted to brake his car or slow down before colliding with defendant's rig. Mr. Cortes‐Rodriguez denies that he was using his cell phone at the time of the accident. Based on that scenari...

Excerpt: ...d class action representative, and defendant United Ag Personnel Management, Inc. The proposed settlement would resolve various wage and hour claims arising under the Labor Code, Business and Professions Code and the Private Attorneys General Act (“PAGA”) of a proposed class defined as follows: “all current or former nonexempt, hourly paid employees of United Ag Personnel Management, Inc., who were employed in California and worked for Agri...

Excerpt: ...ject right of way, for a cul‐de‐sac at the termination of Avenue 128, for a PG & E electrical easement, and for LTRID irrigation canal easements. To meet project deadlines and allow for timely delivery of the planned infrastructure included within CP 2‐3, the State contends that it requires prejudgment possession of the defendant's farmland as soon as possible, but to comply with all statutory notice requirements, the State is requesting po...

Excerpt: ...'s request for judicial notice of the entire court file for VCF398058, VCM384038, VCM379373, VCM379942, and VCM358487, is also granted, however, as to movant's request the clerk of this court have the files in the courtroom at the hearing or that the files be electronically accessible, movant is directed to comply with rule 3.1306(c) of the California Rules of Court, and, further, to consult this court's local rule 705. Motion to set aside defaul...

Excerpt: ... whether the named plaintiffs have standing to serve as the representatives of the putative class before discovery is conducted as to the claims of the class members. Bifurcation is the process whereby the Court may order separate trials of issues or parties joined in a single action. The objective of defendants' motion to bifurcate in this present case is to try the issues of liability and damages separately so as to minimize the prejudice that ...

Excerpt: ...(2) why sanctions payable to the Court under CCP §177.5 in the amount of $1,500.00 should not be imposed against defendant Felicia Hunter based on her disobedience of the Court's August 3, 2021 order. No CourtCall shall be permitted for this Order to Show Cause appearance. On August 3, 2021, this Court ordered plaintiff Hunter to provide full and complete verified responses without objection to defendant's first sets of form and special interrog...

Excerpt: ...he NOD has a California Declaration of Compliance (Civil Code §2923.55(c) that states that the requirements of Civil Code §2934.55 do not apply because the loan at issue is not secured by a first lead mortgage or deed of trust on “owner occupied” residential real property as defined by Civil Code §2924.55. The NOD also references the recording information as to the Second Deed of Trust that secured the mortgage at issue in this case. Plain...

Excerpt: ...een resolved. The court shall calendar a status conference as to the status of the Canadian action for July 13, 2022, at 8:30 am in Department. Greenpower shall reserve a new hearing date for this demurrer after the Canadian action has been resolved as to all parties and give applicable notice of this continued hearing. Defendant Greenpower Motor Company's Request for Judicial Notice is granted only as to the date of filing of the documents on fi...

Excerpt: ... People's inspection demand without objection no later than 30 days from the notice of this ruling; (2) To grant the People's motion to compel responses to form and special interrogatories. Claimant Jei Chun Wu shall provide full and complete verified responses to the People's interrogatories without objection no later than 30 days from the notice of this ruling; (3) To grant the People's motion to deem request for admissions admitted by Claimant...

Excerpt: ...of a COVID‐19 related declaration on her landlord, and her application for Emergency Rental Assistance Program benefits and service of this application on the plaintiff. OPERATIVE FACTS This is an unlawful detainer action. Defendant Susan Finister was hospitalized from May 21, 2021 to mid‐June 2021 with complications from diabetes that resulted in the amputation of her right toe, her right foot, and her right leg below the knee. She is now co...

Excerpt: ...uadalupe Platas Tienda brings this negligence action based on her lack of consent to have the remains of her parents exhumed and reburied together in a plot at defendant's cemetery as per the request of plaintiff's other siblings. Plaintiff further contends that the defendant Woodville Public Cemetery mishandled her mother's remains when her mother was exhumed and reburied. STANDARD OF REVIEW CCP §473(a)(1) provides that “The court may, in fur...

Excerpt: ...ppealed to the Occupational Safety and Health Appeals Board (Board). The matter was heard before an administrative law judge (ALJ) who upheld the citation but reduced an associated penalty. The Board ordered reconsideration of the penalty reduction. Ventura also petitioned for reconsideration, asserting that the evidence did not justify the findings of fact, and the findings of fact did not support the decision. On September 22, 2017, the Board i...

Excerpt: ...Ceramic Tile, Inc. Tentative Rulings: Both defendant's motions for summary judgment, against plaintiffs Ascension Peraza and against Jeffrey McKeehan, are granted. There is no tentative ruling on the merits of plaintiffs' class certification motions at this time. Hearing on plaintiffs' class certification motions is continued to November 4, 2021, at 8:30 AM, in Department 1. Defendant's motions for summary judgment Both plaintiffs' complaints all...

Excerpt: .... Plaintiff contends that the City of Dinuba's liability arises out of a malfunctioning crosswalk signal at the intersection where the accident occurred. As this is a wrongful death action based on the death of an 87‐year‐old retiree, plaintiff does not claim a loss of earnings, medical expenses, or general damages. Plaintiff's asserted damages are limited to the loss of Mr. Millard's love, companionship, care, assistance, society, moral supp...

Excerpt: ...has complied with the provisions of California Rule of Court 3.1362(d) as to the service of the moving papers for this motion on the plaintiffs. The Court has not received any response to this motion. CCP §284 provides that “The attorney in an action or special proceeding may be changed at any time before or after judgment of final determination, as follows: 1. Upon the consent of both client and attorney, filed with the clerk, or entered upon...

Excerpt: ... below. Plaintiffs should not submit the entire motion and initial declarations a second time. The information is minimal, so a relatively short continuance is being provided. The hearing on this motion shall be continued to December 2, 2021, at 8:30 am in Department 1 of this court. Insufficient information has been submitted as to various provisions of the settlement agreement for the court to make the merits evaluation required by Kullar v. Fo...

Excerpt: ... on disputed facts or credibility determinations, however, a jury is to determine the disputed facts before the court determines whether the facts confer standing as a matter of law. (People v. Superior Court (Plascencia) (2002) 103 Cal.App.4th 409, 424.) Defendants state, in the introductory section of their points and authorities, that Mr. Gonzalez's only relation to the action is that he is an employee of Magnolia Park and the husband of plain...

Excerpt: ...e parties stipulated, on June 9, 2021, to continue the prior August 2, 2021 trial date for 90 days after having scheduled mediation for July 7, 2021. Less than a week following stipulation, and before the parties' scheduled mediation, plaintiff added three new defendants by “Doe” amendment. The parties, including plaintiff, represented in the stipulation that “in order to pursue mediation and to defer costly discovery until after the mediat...

Excerpt: ...that they experience physical and mental conditions related to a traumatic brain injury. Defendants ask this court to compel plaintiffs to execute blank authorizations to compel mental health records where the deponents are unknown and no attempt has been made to subpoena these records from these health care providers. Simply put, defendants' motion is premature. Defendants must first conduct further discovery to identify the mental health care p...

Excerpt: ...ncy, and, at least initially, the validity and issuance of prior land use approvals preceding the Building Permits, including issuance to Real Parties in Interest ARO Pistachios, Inc. and Touchstone Pistachio, Co. (Touchstone) of a Special Use Permit and Minor Modifications expanding the scope of the permit issued subsequently thereafter. Wonderful did not timely raise challenges to the Special Use Permit or Minor Modifications, but, however, has...

Excerpt: ...ing discovery of defendant's profits and financial condition, and (2) to grant plaintiff's motion for a hearing on objections to defendant/cross‐complainant's proposed judgment on cross‐complaint. Plaintiff's motion for order permitting discovery of defendant's profits and financial condition Subdivision (c) of section 9295 of the Civil Code prohibits pretrial discovery of the profits and financial condition of a defendant unless the court en...

Excerpt: ...his motion arises out of the forfeiture of a bond that real party in interest Financial Casualty Insurance dba The Bail Hotline Bail Bonds posted to secure the appearance in court of defendant Joshua Lyman on August 25, 2020. After being released on bail defendant fled to North Carolina where he was apprehended and placed in custody. The Tulare County District Attorney is presently in the process of extraditing defendant Lyman back to California....

Excerpt: ...n his residence driveway at 815 Tea Pot Dome Avenue. Plaintiff was working on his truck when defendant Mohamed Mohamed was driving while intoxicated and at an unsafe speed. Defendant ran through a stop sign at the intersection of Tea Pot Avenue and Indiana Street and collided with a parked 1993 Ford Ranger. The force of the collision caused the Ford Ranger to plow into plaintiff, causing him severe injuries that included the amputation of both le...

Excerpt: ...ntiff's complaint D.R. Horton CA3, Inc.'s Motion to Strike Portions of Second Amended Complaint is denied. Defendant D.R. Horton's Request for Judicial Notice is granted as to the court's July 13, 2021 ruling under Evidence Code §452(c) and the date of filing of plaintiff's original, first and second amended complaints but denied as to the contents of these complaints as inadmissible hearsay. See Day v. Sharp (1975) 50 Cal.App.3d 904, 914; Fremo...

Excerpt: ...his motion arises out of the forfeiture of a bond that real party in interest Financial Casualty Insurance dba The Bail Hotline Bail Bonds posted to secure the appearance in court of defendant Joshua Lyman on August 25, 2020. After being released on bail defendant fled to North Carolina where he was apprehended and placed in custody. The Tulare County District Attorney is presently in the process of extraditing defendant Lyman back to California....

Excerpt: ...he stipulation to be filed and reviewed by the court. What appears below is the original September 28 ruling. Tentative Rulings: (1) Defendants Ellen Reimi and Dana Bounds motions to compel responses to defendants' first sets of form interrogatories, special interrogatories, and request for production are granted. Plaintiff David A. Sanchez shall provide full and complete verified answers to these discovery requests without objection no later tha...

Excerpt: ...s located in a fenced lot on the property, and that the truck was located on the property when the fire occurred and was damaged due to the fire. Plaintiff contends her mobile food truck was located on the property pursuant to an oral lease with defendant. Defendant denies the existence of any lease, as well as any knowledge that plaintiff had her food truck located on the property prior to the fire. Plaintiff alleges that she had multiple direct...

Excerpt: ...n his residence driveway at 815 Tea Pot Dome Avenue. Plaintiff was working on his truck when defendant Mohamed Mohamed was driving while intoxicated and at an unsafe speed. Defendant ran through a stop sign at the intersection of Tea Pot Avenue and Indiana Street and collided with a parked 1993 Ford Ranger. The force of the collision caused the Ford Ranger to plow into plaintiff, causing him severe injuries that included the amputation of both le...

Excerpt: ...ode §1717 to plaintiff in the amount of $1,650.00 no later than thirty days from the date of this ruling. This is an action for damages and injunctive relief that plaintiff Jaime Gonzales filed against his homeowner's association (Maple Place Community Association) to enforce the CCRs and the statutory obligations applicable to the homeowners' association. Plaintiff brought this action to obtain from the Association financial reports prior to 20...

Excerpt: ...endant Walmart Inc. (2) To deny plaintiffs' motion for summary adjudication. I. Defendants' Motion for summary judgment or adjudication A. Judicial notice; Defendant's evidentiary objections Defendants request the court take judicial notice of (a) plaintiffs' complaint filed in this action, (b) defendants' answer, and (c) the death certificate of decedent Rolando Esquivel Soto. Plaintiffs request the court take judicial notice of (d) the ruling o...

Excerpt: ...ment 1 of this court. CMC is taken off calendar. The class is defined as “all current and former non‐ exempt California employees who were paid overtime wages by Defendant at any time from February 13, 2019 through October 1, 2019.” The court finds that sufficient information has been submitted as to various provisions of the settlement agreement for the court to make the merits evaluation required by Kullar v. Foot Locker Retail, Inc. (200...

Excerpt: ...hall file his third amended complaint within twenty days from this ruling: (2) Defendant Nichole S. Atherton, MD's motion to strike portions of plaintiff's second amended complaint is rendered moot by this court's ruling as to defendant's demurrer to plaintiff's second amended complaint. Case Management conference is continued to December 16, 2021; 8:30 am; D1. OVERVIEW This is an action brought by Loren Sansom (hereinafter “Loren”) as an ind...

Excerpt: ...laintiff's counsel is to provide a revised order. The court finds that sufficient information has been submitted as to various provisions of the settlement agreement for the court to make the merits evaluation required by Kullar v. Foot Locker Retail, Inc. (2008) 168 Cal.App.4th 116, 129. 1. Sufficiency of Amount of Settlement ($1,500,000) The gross settlement amount is $1,500,000. Plaintiff estimates the total number of class members is 3200. Pl...

Excerpt: ...s raised below. Plaintiffs should not submit the entire motion and initial declarations a second time. Case Management Conference is likewise continued to the November 18, 2021 date. Insufficient information has been submitted as to various provisions of the settlement agreement for the court to make the merits evaluation required by Kullar v. Foot Locker Retail, Inc. (2008) 168 Cal.App.4th 116, 129. The identity of this class is “All non‐exe...

Excerpt: ...entative Rulings: (1) To grant defendant Ruan Transport Corp.'s motion to compel verified responses, without objection, to form interrogatories‐general, special interrogatories, and request for production (sets one). Plaintiff shall provide full and complete verified responses without objection to defendant's first sets of form and special interrogatories, and first demand for production of documents within thirty days after service of the noti...

Excerpt: ...er mistake, inadvertence, surprise, or excusable neglect.” Here, plaintiff American Express National Bank obtained a court judgment against defendant Julie Clemmons, aka Julie A. Clemmons on July 23, 2021 only to subsequently learn the next day that the defendant had filed bankruptcy on July 21, 2021, before the judgment had been obtained. Accordingly, the court finds that plaintiff's obtaining judgment against the defendant after she had alrea...

Excerpt: ...ritten settlement agreement on March 16, 2017 that provided that judgment for $11,320.00 would not be entered against Mr. Garza if he paid to Bank of America a minimum of $75.00 monthly from March 20, 2017 through August 20, 2018 followed by a minimum of $150.00 from September 20, 2018 until the balance of $11,320.00 was paid in full. The agreement further provided that in the event of default that Bank of America could move for a judgment for wh...

Excerpt: ...nty Retirement Association (TCERA) as well as the validity of a hearing officer's determinations following a subsequent administrative hearing on the denial. Petitioner's application for retirement benefits was denied on September 25, 2019. Petitioner thereafter requested a hearing pursuant to TCERA administrative procedures. At the completion of the hearing, the hearing officer made various findings and recommendations, ultimately to the effect ...

Excerpt: ...t that appear in the Court's file for this case, the Court cannot take judicial notice as to the contents of documents in the Court's file for this action as the contents of these documents constitute inadmissible hearsay. See Day v. Sharp (1975) 50 Cal.App.3d 904, 914; Fremont Indemnity Co. v. Fremont General Corp. (2007) 148 Cal.App.4th 97, 113. OPERATIVE FACTS This case pleads causes of action for (1) wrongful death; (2) use of excessive force...

Excerpt: ...ramic Tile, Inc.'s motion to deem requests for admissions, set two, to plaintiff Jeffrey McKeehan. The facts and allegations set forth in Request for Admissions 19‐107 of defendant's second set of requests for admissions to plaintiff Jeffrey McKeehan shall be deemed admitted. Plaintiff Jeffrey McKeehan shall also pay monetary sanctions in the amount of $660.00 in fees and costs to defendant's counsel within thirty days after service of the noti...

Excerpt: ...e Rulings: (1) There is no published tentative ruling for the substantive portion of these motions. It appears that Plaintiff has produced the requested discovery. The court's tentative ruling regarding sanctions is $660.00 in fees and costs for each motion. Exhibit “A” to the declarations of Nick Pritchett filed in support of each of these discovery motions indicate that on March 22, 2021, defendant served his first set of form interrogatori...

Excerpt: ...laration filed along with their demurrer and motion to strike, are sufficient under the circumstances for this court to find defendants sufficiently complied with the requirements of Code of Civil Procedure sections 430.41 and 435.5. Plaintiff has not, as of the court's last review, filed any opposition to the demurrer or motion to strike. 1. Demurrer Defendants demurrer to plaintiff's complaint on the grounds that the complaint fails to state a ...

Excerpt: ...hall provide full and complete verified responses to these interrogatories without objection no later than 20 days from the date of this ruling. Plaintiff shall also pay monetary sanctions to defendant's counsel in the amount of $560.00 under CCP §2023.030(a) and §2030.300(d) no later than 30 days from the date of this ruling. (2) To grant defendant Tulare County Office of Education's motion to compel plaintiff to attend psychological examinati...

Excerpt: ... service by the clerk will constitute notice of the order. Re: Hernandez v. Spartan Holdings LLC Case No.: VCU 278599 Date: September 21, 2020 Time: 8:30 A.M. Dept. 7‐The Honorable Bret D. Hillman Motion: Cross‐Defendant Steve Sorina Individually and dba Steve Sorina Plastering's Motion for Leave to File Amended Answer Tentative Ruling: To grant cross‐defendant Steve Sorina Individually and dba Steve Sorina Plastering's (“Sorina”) motio...