Excerpt: ...ce Defendants request the court take judicial notice of (a) plaintiff's first amended complaint filed in this action, (b) defendants' answer, and (c) the death certificate of decedent Rocky Paul Jones. Plaintiff requests the court take judicial notice of (d) the ruling on the demurrer and motion to strike entered in Laura Soto, et al. v. Walmart Inc., et al., Tulare County Superior Court Case No. VCU282959, (e) the “Findings and Declarations,�...

Excerpt: ...tempted to file their answer to plaintiff's complaint with the court through One Legal .and served this complaint by regular mail to plaintiff's counsel. The filed answer included the defendants' name and the symbol “/S/” as an electronic signature on the document. Then on August 10, 2021, defendants' counsel received an email from plaintiff's counsel that plaintiff would take defendants' default as plaintiff had not yet received the defendan...

Excerpt: ... and various entities, including Invigorate Healthcare, Inc. (Invigorate), a California corporation of which defendant Bigelow is, according to a statement of information filed with the Secretary of State on January 6, 2017, chief executive officer, a director, and agent for service of process. See Dec'l of A. Velen, ¶¶ 2 and 5; Exs. 1 and 2. According to defendant Bigelow's bankruptcy petition, defendant Bigelow owns 39% of Invigorate. See Dec...

Excerpt: ... article published on defendants' website. The article reports on an appellate court opinion by California's Second District Court of Appeal affirming the issuance of a domestic violence restraining order (DVRO) against plaintiff. As an initial matter, the court notes that plaintiff's causes of action are considered substantively equivalent for the purposes of its analysis of the instant motion. See Brodeur v. Atlas Entertainment, Inc. (2016) 248...

Excerpt: ...tiff may serve Mr. Atkinson in the manner provided in the Code of Civil Procedure for service of summons on a foreign national; (3) To deny defendant Brendan Riley's motion to quash service of summons. Plaintiff has filed a further proof of service showing Mr. Riley was personally served. This is a wrongful termination / wage and hour claim action where plaintiff raises causes of action for (1) breach of contract; (2) Breach of the Implied Covena...

Excerpt: ...ling. This sum awarded in sanctions shall include any interest accumulated between the time these settlement funds were due and payable and the date that these settlement funds were provided to plaintiff's counsel. (2) The court does not publish tentative rulings on motions to tax costs Plaintiff's Motion for Sanctions This is a “lemon law” case where the defendants accepted the defendant's 998 settlement offer of $77,500 on March 16, 2021. C...

Excerpt: ...ons to include the additional information requested by the court. Only the supplemental declarations of plaintiff and class counsel as indicated in this ruling need to be filed with the court. Plaintiff need not file the moving papers and approved declarations a second time. The court finds that insufficient information has been submitted as to various provisions of the settlement agreement for the court to make the merits evaluation required by ...

Excerpt: ...ive hearing conducted pursuant to Visalia Municipal Code (VMC) 6.16.030(C), that his dog, a Pit-bull named “Thor,” is a “vicious animal” (as defined in VMC section 6.04.010); and that would (b) enjoin destruction of the animal, as would otherwise be required under VMC section 6.16.060, incident to the “vicious animal” determination. In the petition, petitioner additionally alleges that an order that his other dog—also a Pit-bull, na...

Excerpt: ...e involving this same defendant: Tulare County Superior Court Case No. VCU282277. Specifically, this court notes, as set forth in its order from the prior hearing on this motion, that the stipulation in the other case recites that both defendants in that case, one of whom is the defendant in this case, have indicated they collectively lack the financial ability to finance a possible class and/or PAGA settlement or judgment of the claims in that c...

Excerpt: ...easonably arising by implication must be accepted as true. Couglas v. E. & J. 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...

Excerpt: ... is “devoid of any facts or factual allegations,” and specifically that the “first cause of action for unlawful detainer fails to state any facts evincing all requisite requirements (elements) for a (sic) unlawful detainer”; and (2) that “all of the causes of action are uncertain, unintelligible, and ambiguous,” and specifically that “the unlawful detainer allegations fails to state and/or is unintelligible and ambiguous as to what ...

Excerpt: ...ttlement agreement for the court to make the merits evaluation required by Kullar v. Foot Locker Retail, Inc. (2008) 168 Cal.App.4 th 116, 129. This class is identified as: “All current and former non-exempt employees of Defendant Cream of the Crop Ag Service who performed work in California from May 30, 2015 to March 7, 2021” 1. Sufficiency of Amount of Settlement ($1,750,000) The gross settlement amount is $1,750,000. Plaintiff estimates th...

Excerpt: ...tion based on defendant Laura Andrea Sanchez Nunez's default on a credit card obligation due to plaintiff US Bank National Association dba Elan Financial Services. Plaintiff pleads causes of action for Open Book Account, and Account Stated. Defendant's last transaction on this account was on June 13, 2019. Proof of service in the Court's file indicates that timely and proper notice was given to all involved parties in this action. The Court has n...

Excerpt: ...ter Interiors to supply and install the flooring for the homes that are at issue in this case. Spartan served its cross-complaint on moving party Coulters (a California Corporation) On December 18, 2018 by serving its principal and agent for process Bryan Wallace, who is not an attorney. When Coulter did not timely respond to Spartan's cross-complaint, Spartan filed with the court a request to enter default that was entered by the court on May 28...

Excerpt: ... California. On the day of this delivery, Mr. Gonzalez was struck when one or more hay bales fell on him as he was trying to unload these hay bales at AC Enterprises. Mr. Gonzalez contends that his injuries were the result of the failure of Hettinga's employees to cross-bale the stacked hay that would be within the standard of care to stack hay. Hettinga asserts that it delivered these hay bales as it routinely did, and that plaintiff caused his ...

Excerpt: ... on preliminary approval shall be set for October 7, 2021; 8:30 am; Dept 1. The parties need not file for a second time the moving papers and declarations already on file with the court. Plaintiff Nereida Barela moves for an order (1) preliminarily approving a class action settlement of various wage and hour, and meal and rest period, claims, as well as related claims alleging violation of Business and Professions Code section 17200, et seq.; (2)...

Excerpt: ...documents the efforts undertook by plaintiff's counsel to discuss with the defendant the issues raised in this motion for judgment on the pleadings. CCP §439 requires that (a) before filing a motion for judgment on the pleadings pursuant to this chapter, the moving party shall meet and confer in person or by telephone with the party who filed the pleading that is subject to the motion for judgment on the pleadings for the purpose of determining ...

Excerpt: ...adillo shall answer the cross-complaint of cross- complaint no later than thirty days from the date of notice of this ruling. OPERATIVE FACTS From approximately February 2, 2010 until January 26, 2021, Jose de Jesus Martinez Delgadillo and Paula Gallegos lived together under an express oral relationship agreement that provides for the parties to treat any property that they acquired while living together as joint property. This non- marital agree...

Excerpt: ...10 et seq.; Tentative Rulings: (1) To grant defendant Gerald Dyar's motion to consolidate cases. This present case VCU 286088shall be ordered to be consolidated with Case #VCU 286617 (Burrows v. Dyar) with all subsequent pleadings and papers filed in Case VCU 286088. (2) To grant plaintiff's motion to compel deposition of defendant Gerald Dyar. All counsel for these consolidated cases shall coordinate a date and time certain for defendant Dyar to...

Excerpt: ...ano's (Lozano) five causes of action under the Song- Beverly Consumer Warranty Act (Song-Beverly Act), and a cause of action for fraud by omission, alleged against Ford Motor Company (Ford), arising from her purchase of a 2018 Ford Focus manufactured by Ford. Plaintiff alleges the vehicle contained or developed various defects impairing the use, value or safety of the vehicle, and that Ford has (1) failed to service or repair the vehicle to confo...

Excerpt: ...Centex) filed a cross-complaint against various subcontractors, including cross-defendant Kennies. Kennies now moves this court for a determination that its settlement with Centex in the amount of $8,000 was made in good faith within the meaning of Code of Civil Procedure sections 877 and 877.6. Kennies filed its motion July 27, 2021, timely serving all parties on July 26, 2021. No opposition has been filed, and no nonsettling party has filed a n...

Excerpt: ...iff Denise Gail West. Defendant settled a wrongful death claim for $300,000.00 against the parties whose conduct caused the death of her son Alejo West. At the time that this wrongful death action was settled, guardian ad litem Jessica Fetcho was pregnant with her daughter Denise Gail West. The decedent is the father of Denise Gail West. The thrust of plaintiff's complaint is that Terrie West failed to consider (or deliberately concealed) Denise'...

Excerpt: ... Court's file. Except for orders from the Court that appear in the Court's file for this case, the Court denies plaintiff's request for judicial notice as to the contents of other documents in the Court's file for this action as inadmissible hearsay. See Day v. Sharp (1975) 50 Cal.App.3d 904, 914; Fremont Indemnity Co. v. Fremont General Corp. (2007) 148 Cal.App.4 th 97, 113. This action arises out of a balance due on an automobile loan that plai...

Excerpt: ...be distributed to the LWDA consistent with the Settlement Agreement and the remaining 25% paid to the aggrieved employee to be determined by dividing the number of pay periods he or she worked during the PAGA period by the total aggregate number of pay periods and then multiplying this amount by the PAGA Aggrieved Employee payment. The court approves the gross settlement and the manner of distribution to the LWDA and the aggrieved employees. The ...

Excerpt: ...paid, laid out, and expended to or for defendant. Defendant answered February 26, 2021, generally denying the allegations set forth in the complaint. Defendant prepared his answer using optional Judicial Council form PLD-C-010, and while a box is checked indicating that defendant alleges affirmative defenses, none are listed anywhere in the answer. Plaintiff later served written requests for admission, to which defendant failed to respond. Plaint...

Excerpt: ...e felony criminal case both arise from the same event, a motor vehicle collision on July 2, 2020. In reviewing this motion, the court considers (1) the plaintiffs' private interest in proceeding expeditiously with this action, weighed against the potential prejudice of delay resulting from the requested stay; (2) the private interests of the defendant, and the burden which any particular aspect of the proceedings may impose on defendant; (3) the ...

Excerpt: ...d (Monarch), have each separately moved to compel arbitration of, and stay, this action. Both defendants contend their motions are based on an arbitration provision included in a retail installment sales contract (sales contract) signed by plaintiff Victoria Lozano. Defendants' respective points and authorities, which are nearly identical, word-for-word, cite extensively to an “Arbitration Agreement” they represent is contained in the sales c...

Excerpt: ... to the complaint on February 5, 2021. Defendant's counsel subsequently learned that defendant was acting in the course and scope of her employment with Aspen Dental at the time of the accident. Defendant now seeks leave to file a cross-complaint against Aspen for indemnity and apportionment of fault. A court may grant leave to file a cross-compliant at any time during the pendency of an action when the interests of justice will be served by this...

Excerpt: ...on file with the Court for this action and as to minute orders and other orders for this case that appear in the Court's file. Except for orders from the Court that appear in the Court's file for this case, the Court denies plaintiffs' request for judicial notice as to the contents of other documents in the Court's file for this action as inadmissible hearsay. See Day v. Sharp (1975) 50 Cal.App.3d 904, 914; Fremont Indemnity Co. v. Fremont Genera...

Excerpt: ...ice of this ruling is served; and (2) further orders defendant shall pay $590 to plaintiff's counsel as monetary sanctions under Code of Civil Procedure sections 2023.010 et seq. This is a personal injury case arising from an automobile accident on April 12, 2019. Plaintiff alleges that defendant Mohamed Yassennagi Mohamed crashed his vehicle into a parked vehicle, pushing it into plaintiff and causing him significant injury. Plaintiff further al...

Excerpt: ...aintiff's first amended complaint are allegations that plaintiff is entitled to punitive damages under Civil Code ⸹3294(a). Defendant now moves the court to strike the punitive damages from the plaintiff's first amended complaint based on the application of CCP ⸹425.13 that precludes the pleading of a right to recover punitive damages absent a court order that permits the plaintiff to do so. STANDARD OF REVIEW Under CCP §436, the Court may s...

Excerpt: ...s shall be filed in that case. OPERATIVE FACTS Plaintiffs April Pianta and Lisa Brooks were in the same automobile when stopped by defendants Garret William Grisbach and Sabrina J. Maydon. Mr. Grisbach and Ms. Maydon were peace officers with the City of Visalia at the time that they stopped the plaintiffs. Plaintiffs contend that Officers Grisbach and Maydon conducted an unlawful search and seizure on the plaintiff, and, due to the officers' fail...

Excerpt: ...orporation, Kia Motors America, Inc., ZF Active Safety and Electronics US LLC and Visalia Motors dba Visalia Kia's Motion for Good Faith Settlement (2) To grant defendants Kia Motors Corporation, and Kia Motors America, Inc.'s motion to file records under seal Kia Motors Corporation, Kia Motors America, Inc., ZF Active Safety and Electronics US LLC and Visalia Motors dba Visalia Kia's Motion for Good Faith Settlement CCP § 877.6 affords the cour...

Excerpt: ...attorneys' fees, administrative expenses, and plaintiff's enhancement award of $7,500.00. The claims administrator mailed notice of the settlement to all class members. No notices were returned by the post office. No objections or requests to opt out were received by the administrator. As this is a PAGA action, the Class Members may not opt out of, or object to, the PAGA settlement. Plaintiff's moving papers are sufficient to establish the settle...

Excerpt: ...bed in the complaint by reference to its address of 10712 S. Crawford Ave., Dinuba, CA, “lies miles removed from the City of Dinuba.” The complaint, however, sufficiently describes the premises with requisite reasonable certainty. Code Civ. Proc. §§ 1166, 455. Moreover, the description is clearly sufficient enough to enable defendant to know what property plaintiff demands he surrender. See Olcovich v. Deremberg (1915) 27 Cal.App.194, 196. ...

Excerpt: ..., the petition is procedurally deficient and the requested transfer is unreasonable and not in the best interests of payee Skyler Castillo. Here, payee seeks to transfer payments of $30,000.00 due to him on April 8, 2025 from a structured settlement created for a personal injury claim. The compensation for this transfer is $15,000.00 with a discount rate of 19.11% The petition indicates that payee is 27 years old, single, no dependents, and has n...

Excerpt: ...ng be submitted in advance of this hearing: (1) PAGA counsel to supplement their declarations to set forth the lodestar method utilized to warrant requested attorney fees and an itemization showing how requested costs were calculated; (2) a non-hearsay declaration from plaintiff itemizing the duties she performed and time invested in this matter to justify the requested enhancement payment; and (3) a non-hearsay declaration from the settlement ad...

Excerpt: ...ed and served within fifteen (15) days of this order. Plaintiff's claims in this case arise from his contract with defendant City of Dinuba to re-roof a building. During construction, the building became damaged following a rain event. The parties dispute whether faulty protective measures by plaintiff Eagle Fire, or failed maintenance by defendants City and Watts, caused the building to become damaged as a result of the rain. Based on the City's...

Excerpt: ...n an unincorporated area of Tulare Defendant Ramon Ruiz was driving a tractor trailer heading on eastbound Avenue 184 onto southbound SR 65 when due to his failure to comply with a stop sign or yield to oncoming traffic, his tractor-trailer collided with Ms. Rice's Chevrolet. Shortly thereafter, defendant Aaron Oakley hit Ms. Rice's automobile, and also hit Ms. Ruiz and defendant Ramon Frias Ruiz, who were both standing outside their vehicles. Ms...

Excerpt: ... This case is an employment-based action that arises in part out of a “slip and fall” that plaintiff sustained on July 26, 2019 in the restroom of a Carl's Jr. in Los Banos. At the time of this fall, plaintiff was accompanied by defendant Kulwant Gadri. Plaintiff contends that at the time of this fall he was acting in the course and scope of his employment with Kulwant Gadri dba Gadri Farms. But because defendant did not have workers' compens...

Excerpt: ... submit the entire motion and initial declarations a second time. 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.4 th 116, 129. This class is identified as: “All current and former non-exempt employees of Defendant Cream of the Crop Ag Service who performed work in California from May 30...

Excerpt: ...r her through his or her mistake, inadvertence, surprise, or excusable neglect. Application for this relief shall be accompanied by a copy of the answer or other pleading proposed to be filed therein, otherwise the application shall not be granted, and shall be made within a reasonable time, in no case exceeding six months, after the judgment, dismissal, order, or proceeding was taken.” This is a common counts action for damages arising out of ...

Excerpt: ...ant Alvin Prins' Objections to Plaintiff's Special Interrogatories, Set Two; (4) Motion to Compel Responses and Further Responses and to Strike Defendant Alvin Prins' Objections to Plaintiff's Form Interrogatories, Set Two; Tentative Rulings: All motions are granted in part and denied in part. Defendants Bernard Prins and Alvin Prins shall each provide full and complete verified responses to Form Interrogatories 16.1, 16.3, 16.4, 16.5 and 17.1 an...

Excerpt: ...from the notice of this ruling under CCP §2023.030(a), and CCP §2025.450(g) The parties shall coordinate dates certain for General Motors to produce its persons most qualified as to the topics identified in plaintiff's deposition notice that is no later than thirty days from the date of this ruling. General Motors shall also produce at the time of this deposition the records and writings identified in plaintiff's deposition notice. Where that G...

Excerpt: ...ames Martino's statutory offer to compromise plaintiff's various claims under the Song-Beverly Act pursuant to Code of Civil Procedure section 998. In exchange for filing of a dismissal of plaintiff's action, defendant agreed, in pertinent part, (a) that plaintiff shall recover $77,500, inclusive of various damages claims and civil penalties, and (b) that defendant shall pay attorney fees, costs and expenses “reasonably incurred in the commence...

Excerpt: ...plaint (“FAC”). The filing of the FAC follows this court's sustaining of a prior demurrer by defendant to plaintiff's original complaint. Plaintiff again alleges, in the FAC, the same two contract causes of action alleged in her original complaint: breach of written contract and breach of oral contract. Both causes of action essentially arise from defendant's alleged failure to divide proceeds of the sale of a residential property in Tulare, ...

Excerpt: ...efendant Mary Correa (“Mary”) has failed to perform obligations required of her under the agreement. Francisca seeks an order to enforce the settlement agreement under CCP 664.6. Francisca's prior two motions were denied by the court, without prejudice for an insufficient showing that Mary has refused to comply with the settlement terms. The settlement agreement relied on by Francisca provides that Mary will convey her interest in the subject...

Excerpt: ...roval shall be set for October 7, 2021; 8:30 am; Dept 1. The parties need not file for a second time the moving papers and declarations already on file with the court. Updated declarations shall be filed at least 10 court days prior to the next hearing date. Plaintiffs move for: (1) preliminary approval of their proposed class action settlement with defendant USA Waste of California, Inc; (2) provisional certification of a proposed settlement cla...

Excerpt: ... review of the contract attached to plaintiff's complaint appears to have imposed the following 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 ...

Excerpt: ...laintiff/Cross-Defendant's Responses to Special Interrogatories, Set two; Request for Order Awarding Monetary Sanctions Tentative Rulings: (1) Defendant/Cross-Complainant Samuel Hignojoz's (“Samuel”) demurrer to plaintiff/cross- defendant's Gilbert Hignojoz on behalf of conservator for the person and estate of Jessie Hignojoz (“Gilbert”) verified answer to cross-complaint of defendant/cross-complainant Samuel Hignojoz is sustained. Gilber...

Excerpt: ...n, in which plaintiff Maria Ruiz was a passenger, and a vehicle driven by defendant Michael Wilgus. Plaintiff Ruiz commenced the action on July 24, 2020, with a complaint alleging damages, including punitive damages, against both defendants Wilgus and Feinstein. Defendant Feinstein subsequently filed a cross-complaint against defendant Wilgus involving claims related to indemnity, as well as his alleged injuries. Defendant Feinstein (as cross- co...

Excerpt: ... 8:30 AM. On June 7, 2021, the court denied, without prejudice Plaintiff's motion subject to further hearing upon filing of supplemental information in support of the proposed settlement. The court set the date of July 19, 2021 for the further hearing. Having reviewed the supplemental declaration of Plaintiff's counsel filed July 12, 2021, the court makes the following determinations: 1. The Parties have addressed the court's concerns regarding t...

Excerpt: ...rved within ten (10) days of this order. Plaintiff's Complaint asserts claims for breach of an oral agreement and for an accounting of property held by Defendant which Plaintiff asserts is jointly owned. Defendant demurs to all causes of action asserted by Plaintiff and moves to strike Plaintiff's claim for recovery of attorney's fees. (1) For purposes of a demurrer all properly plead facts and those reasonably arising by implication must be acce...

Excerpt: ... consolidated with case VCU285251, the court notes there has not been an order for consolidation entered in either case. A motion to consolidate filed in VCU285251 was taken off calendar by the parties prior to hearing on April 26, 2021. Defendants' demurrer is brought on similar grounds to that previously brought by Defendant Lance Carver. The earlier demurrer was overruled by the court on April 26, 2021. For purposes of a demurrer all properly ...

Excerpt: ...f Vanessa Rivera, individually and as successor-in-interest to the estate of Miguel Hernandez, deceased, against defendants, Deere & Company and Lawrence Tractor Co., Inc. Defendant Deere & Company propounded to plaintiff first sets of special and form interrogatories, and a first set of requests for production of documents, on or about July 7, 2020. Plaintiff served responses on or about August 27, 2020. In each set of plaintiff's responses, pla...

Excerpt: ...inary approval shall be set for September 16, 2021; 8:30 am; Dept 1. The parties need not file for a second time the moving papers and declarations already on file with the court. Plaintiff moves for preliminary and conditional approval of a proposed class action settlement between plaintiff Rubio Chaidez, the proposed class action representative, and defendant United Ag Personnel Management, Inc. The proposed settlement would resolve various wag...

Excerpt: ...itional time. Defendants move the court to recover attorney fees that they incurred to retain counsel to successfully vacate a judgment that had been erroneously entered against them. Plaintiff correctly points out that the motion was not filed with the full time to respond contemplated by CCP §1005, however plaintiff did file a response and does not appear to be prejudiced by the shortened time. Should plaintiff want additional time to respond,...

Excerpt: ...ys' fees related to a loan agreement and promissory note dated in March 2016. Defendants filed their Answer to the Complaint on May 25, 2021. On June 2, 2021, Defendants filed their subject motion entitled “Motion to Dismiss Complaint.” The motion is not one generally recognized under the Code of Civil Procedure. The motion is procedurally deficient in that Defendants have not submitted Points and Authorities in support of the motion as requi...

Excerpt: ... and for $1,425.00 in Monetary and Evidentiary Sanctions; (3) Defendant Porterville Convalescent, Inc.'s Motion to Compel Further Responses to Request for Production of Documents (Set One) 17 and 38 and for $1,425.00 in Monetary and Evidentiary Sanctions Tentative Rulings: (1) The hearing on defendant Porterville Convalescent, Inc.'s motion to compel further responses to special interrogatories 1, 3, 5, 10-19, 24, 26-28, 31, 33, 37-40, 42-65 (Set...

Excerpt: ...Sunburst Packing, LLC's Claims as to all issues submitted. Summary judgment is granted when no triable issue exists as to any material fact and the moving party is entitled to judgment as a matter of law. (Code Civ. Proc., § 437c, subd. (c).) "[T]he party moving for summary judgment bears an initial burden of production to make a prima facie showing of the nonexistence of any triable issue of material fact; if he carries his burden of production...

Excerpt: ...04 East Beacon Street, Tulare, California. The property was owned by decedent Emalyne Comfort Franks. Decedent died on March 12, 2018. Plaintiff Samuel C. Franks alleges he is decedent's stepson. Defendant Brenda Holly is decedent's niece and plaintiff's birth mother. Defendant Mary D. Jones (against whom a prior motion for summary adjudication was granted) is the mother of defendant Holly and the sister of decedent. Both defendants acknowledge p...

Excerpt: ... without leave to amend as to Lamar's second, cause of action. The demurrers as to the third, fourth and fifth causes of actions are overruled. Plaintiff Lamar shall have twenty days' leave to file an amended complaint. D.R. Horton CA3, Inc.'s Motion to Strike Portions of First Amended Complaint is granted with twenty days leave to amend. Defendant D.R. Horton's demurrer to plaintiff Lamar's first amended complaint This action arises out of the r...

Excerpt: ... in Department 1 of this court on November 4, 2021, at 8:30 AM. This is a continued hearing on plaintiff's motion for preliminary approval of a proposed class settlement, as well as provisional certification of a settlement class described in the motion, appointment of the class representative, appointment of class counsel, scheduling of a hearing on final approval of the settlement, appointment of a third-party settlement administrator, and appr...

Excerpt: ...s scheduled in Department 1 of this court on November 18, 2021, at 8:30 AM. This is a continued hearing on plaintiff's motion for preliminary approval of a proposed class settlement, as well as addition of Costamanga Farms 1 and E & C Farms, LLC as defendants, provisional certification of a settlement class described in the motion, appointment of the class representative, appointment of class counsel, scheduling of a hearing on final approval of ...

Excerpt: ...rrogatories, set one, special interrogatories, set one, and request for production of documents set one. Plaintiff Jeffrey A. Brown dba Brown Security shall provide full and complete verified responses to these interrogatories and inspection demand without objection within thirty days from the service of the notice of this ruling. Plaintiff shall also pay monetary sanctions in the amount of $500 in fees and $90 in costs, for each motion, to defen...

Excerpt: ...ary Approval shall be set for September 2, 2021; 8:30 am; dept 1. The parties need not file for a second time the moving papers and declarations already on file with the court. Plaintiff moves for preliminary approval of a proposed class settlement, provisional certification of a settlement class described in the motion, appointment of the class representative, appointment of class counsel, scheduling of a hearing on final approval of the settlem...

Excerpt: ... on general negligence and premises liability arising from an alleged slip and fall injury at a Costco store location. Plaintiff Jorge Saavedra, on behalf of Citali Saavedra, a minor, commenced this action June 5, 2020, against defendant Costco Wholesale Membership, Inc., and Doe defendants 1 – 25. Trial is presently scheduled for August 16, 2021. Defendant's motion for summary judgment, or, in the alternative, summary adjudication, and pleadin...

Excerpt: ...te Insurance Company shall file its complaint-in- intervention no later than five days from the date of this ruling. Berkshire Hathaway Homestate Insurance Company moves this court to intervene as a party plaintiff to recover from defendants and defendants-in-intervention Ruan Transportation Management Systems, Inc. workers' compensation benefits paid to plaintiff Jesus Lopez during his employment with Berkshire's insured California Dairies. An i...

Excerpt: ... plaintiff Garcia. Plaintiff shall appear for a neurological and psychiatric examination by Dr. Mark Strassberg on July 1, 2021 at Dr. Strassberg's office in Bakersfield. Plaintiff shall also appear for a neuropsychologist examination by Dr. J. Vincent Filoteo, PhD on July 9, 2021 at Dr. Filoteo's office in Bakersfield. OPERATIVE FACTS This is a personal injury action that arises out of a collision between an automobile operated by the plaintiffs...

Excerpt: ...ghts, unfair business practices, and wrongful foreclosure/void assignment. Defendants demur to all causes of action. Proof of service in the file indicates notice of the demurrer was adequate. As of June 22, 2021, no response to the demurrer has been filed. A response was due by June 15, 2021. Plaintiff acknowledges demurring Defendants are the holders of a second trust deed encumbering the subject property. Defendants assert Plaintiff's wrongful...

Excerpt: ... is no request for argument, the court is prepared to sign the form of order lodged by Movant. The motion was filed on May 14, 2021. Proof of service in the file indicates notice of the motion was adequate. As of June 14, 2021, no response to the motion has been processed to the court's case management system. Plaintiff's Third Amended Complaint contains factual allegations against moving Defendant which are substantially the same as those allege...

Excerpt: ...ce for Tuesday, August 3, 2021, at 8:30 a.m. in Department 23. Plaintiff seeks to add a new cause of action and to add a new party defendant. Defendants Yassen Mohamed, Nagi M. Saeed, and Edison Mini Mart oppose the motion asserting Plaintiff has prejudicially delayed by seeking relief less than a month before the scheduled trial date. Plaintiff alleges information learned during discovery gave rise to the new cause of action and new defendant. P...

Excerpt: ...g time penalties, without leave to amend; To Sustain Defendant's demurrer to Plaintiff's Eighth Cause of Action as to retaliation claims, with leave to amend; To Overrule Defendant's demurrer in all other respects. (2) To deny Defendant's Motion to Strike First Amended Complaint. Defendant's motions were initially filed on January 6, 2020 and have been continued due to court emergency orders and reassignment of this action to this date. Plaintiff...

Excerpt: ...t, and public records act request. The first two complaints were filed with the Porterville court. The third amended complaint was lodged with the court but not accepted for filing because plaintiff failed to obtain leave of court to file an amended complaint. The only substantive difference in the subject matter between these four complaints is that the present complaint that is the subject of this demurrer was filed in the Visalia court. This c...

Excerpt: ... for a second time the moving papers and declarations that are already on file with the court. This is a PAGA action where the parties have reached a settlement of $190,000. Seventy-five percent of the net settlement amount shall be distributed to the LWDA consistent with the Settlement Agreement and the remaining 25% paid to the aggrieved employee to be determined by dividing the number of pay periods he or she worked during the PAGA period by t...

Excerpt: ... To grant plaintiff's motion to compel further responses to plaintiffs' form interrogatories 13.1 and 13.2 (set two) propounded to defendant Helena Agri-Enterprises, LLC. Defendant Helena shall provide a full and complete verified amended response without objection no later than thirty days from the date of this ruling. (2) To grant in part and deny in part plaintiff's motion to compel further responses to Item #9 of plaintiffs' request for produ...

Excerpt: ...Court 3.1345 (a) requires that any motion involving the content of a discovery request or the responses to such a request must be accompanied by a separate statement. The motions that require a separate statement include a motion are: (1) To compel further responses to requests for admission; (2) To compel further responses to interrogatories; (3) To compel further responses to a demand for inspection of documents or tangible things; (4) To compe...

Excerpt: ...fendant Centex has filed a cross-complaint against Sierra Glass and Screen, Inc. Sierra answered this cross-complaint when represented by counsel, but this counsel was subsequently relieved of their responsibilities as counsel for Sierra and thus Sierra is now an unrepresented corporate cross-defendant. As a result, Centex now moves the court to strike the answer of Sierra and further requests that this court enter the default of Sierra. Under CC...

Excerpt: ... days from the date of this ruling. Plaintiff shall also produce at the time of this deposition the records and writings identified in General Motors' deposition notice. Exhibit “A” to the declaration of Cameron Major filed in support of this discovery motion indicates that on April 5, 2021, defendant GM served a Notice of Taking Deposition on plaintiff Pedro Gutierrez at the address of his counsel that is identified in his complaint. This de...

Excerpt: ... is ordered stayed pending completion of arbitration proceedings. The court's record indicates that proper notice was given to all parties. The court has not received any response to this motion. Defendants seek to enforce an arbitration provision in the purchase and sale agreement executed by plaintiff. Defendants have shown that they have stated to plaintiff their intent to enforce the arbitration provision both in this court and in the federal...

Excerpt: ...s on February 24, 202. This default judgment was entered thirteen days after Ms. Stites filed for bankruptcy on February 11, 2021 and in so doing was entitled to an automatic stay under 11 U.S.C. §362 that precluded plaintiff from taking any action to obtain a judgment on the obligation that is the subject of the plaintiff's complaint. CCP §473(d) states in relevant part that the court may, on motion of any party or on the court's own motion, c...

Excerpt: ...for expert witness designated by plaintiff. The compensation for plaintiff's expert James J. Ingaglio M.D. shall be set at $825.00 per hour with a two-hour minimum and then at $825.00 per additional hour or portion thereto. Defendants Visalia Women's Specialty Medical Group, Inc.'s Request for Judicial Notice of the plaintiff's first amended complaint is granted only as to the date of filing of the plaintiff's first amended complaint in this pres...

Excerpt: ...thin thirty days from the notice of this ruling under CCP §2023.030(a), and CCP §2025.450(g) The parties shall coordinate dates certain for General Motors to produce its persons most qualified as to the topics identified in plaintiff's deposition notice that is no later than thirty days from the date of this ruling. General Motors shall also produce at the time of this deposition the records and writings identified in plaintiff's deposition not...

Excerpt: ...ng the settlement. 1,185 notices were mailed. 11 notices remain undeliverable. As of May 14, 2021, the claims administrator had received no objections or requests to opt out of the settlement from class members. Class members had until May 24, 2021 to object or opt out. Plaintiff's counsel shall appear at the hearing if any objections to the settlement were received between May 14th and May 24th. On February 18, 2021, the court granted preliminar...

Excerpt: ... book account, breach of contract, and credit extended. The amount due and owing to Discover Bank (as indicated in the allegations in the plaintiff's complaint is $6,703.43. On or about May 30, 2019, defendant Stephanie S. Jackson agreed to settle this case for the payment of $5,363.00 to Discover Bank in monthly installments of $447.00 on the 30 th day of each month (beginning May 30, 2019) until this $5,363.00 was paid in full. The terms of thi...

Excerpt: ...in ten (10) days of this order. Mary Clawson, the trustor, created her trust in 1997. She died on May 11, 2010. Plaintiff as trustee, seeks to recover from Defendants amounts claimed due on three promissory notes: 1) “Blain Note 1” dated August 4, 1999; 2) “Maddox Note” dated May 29, 2008; and 3) “River Run Ranch Note” dated April 1, 2010. Plaintiff asserts all three notes are assets of the Mary L. Clawson Trust. This action was initi...

Excerpt: ...d verified responses without objections to Form Interrogatory 17.1 and Requests for Admission Nos. 5 and 6 no later than 30 days from the notice date for this ruling. Defendant Ivany shall also pay monetary sanctions in the amount of $560.00 to plaintiff's counsel under CCP §2023.030(a); CCP §2030.300(d) and CCP §2033.290(d) no later than 30 days from the notice date of this ruling. All parties were given proper notice of this motion. There ha...

Excerpt: ... moves for summary judgment asserting his care and treatment of Plaintiff met the applicable standard of care. Moving Defendant also asserts Plaintiff's claims are time barred. Summary judgment is granted when no triable issue exists as to any material fact and the moving party is entitled to judgment as a matter of law. (Code Civ. Proc., § 437c, subd. (c).) "[T]he party moving for summary judgment bears an initial burden of production to make a...

Excerpt: ...on must be accepted as true. Couglas v. E. & J. Gallo 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...

Excerpt: ...gs' objection to Questions 2 and 3 are sustained. OPERATIVE FACTS This is a personal injury action arising out of a motor vehicle accident. Plaintiff raises the following allegations in ¶MV-2 of his complaint: (a) The defendants who operated a motor vehicle are Arthur Jennings; (b) The defendants who employed the persons who operated a motor in the course of their employment are: City of Porterville, Tree Sierra Management; (c) the defendants wh...

Excerpt: ...ement under CCP 877 and 877.6. Proof of service in the file indicates notice of the motion was adequate. There has been no response to this motion. CCP § 877.6 affords the court with the discretion to determine whether a settlement reached by opposing parties in litigation is in good faith such that it is "within the reasonable degree of the settling tortfeasor's proportional share of comparative liability for the plaintiff's injuries" based on ...

Excerpt: ... $1,100.00 Against Defendant Tracy Lee Jackson and his Attorney of Record Joseph Strella, Jr. Esq.; (3) Motion to Compel Responses to Plaintiff's Special Interrogatories; Request for Sanctions in the Amount of $1,100.00 Against Defendant Tracy Lee Jackson and his Attorney of Record Joseph Strella, Jr. Esq.; (4) Motion to Compel Responses to Plaintiff's Form Interrogatories; Request for Sanctions in the Amount of $1,100.00 Against Defendant Tracy ...

Excerpt: ...rs an initial burden of production to make a prima facie showing of the nonexistence of any triable issue of material fact; if he carries his burden of production, he causes a shift, and the opposing party is then subjected to a burden of production of his own to make a prima facie showing of the existence of a triable issue of material fact." (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850.) The moving party bears the burden of per...

Excerpt: ...the action titled Avila v. Cigna Health & Life Insurance Company and Does 1‐100, inclusive, Tulare County Superior Court Case No. VCU 284920. The Santiago case shall be deemed to be the lead case for these consolidated actions and all papers and things to be filed in these cases shall be filed in the Santiago case file. Counsel in the Santiago case shall be deemed to be lead counsel for this consolidated action unless otherwise agreed to by the...

Excerpt: ...legedly made by district representatives. Defendants have sought to have the matter designated as complex pursuant to California Rules of Court, Rule 3.400 and Tulare County Local Rule. 603. Counsel argues the trial will likely involve thirty witnesses, there is a request for punitive damages and defendants seeks additional time to file potentially dispositive motions. Defendants assert they will seek to obtain police department and Child Welfare...

Excerpt: ...t deed and deficiency judgment, fraud, and breach of contract. The subject matter of this action involves real property that defendants Acevado Homes, Inc. and Amelia Acevado purchased from plaintiffs Eric and Ronda Kozlowski. This purchase was secured by a trust deed. The parties subsequently agreed to a stipulation that required the defendants to make periodic payments in January of 2020, 2021, 2022, and 2023, plus monthly interest payments of ...

Excerpt: ...Request for Sanctions in the Amount of $1,111.00 Against Defendant Mike Clark Trucking and its Attorney of Record Joseph Strella Jr., Esq. and Clapp Moroney; (3) Motion to Compel Responses to Plaintiff's Special Interrogatories; Request for Sanctions in the Amount of $1,100.00 Against Defendant Mike Clark Trucking and its Attorney of Record Joseph Strella Jr., Esq. and Clapp Moroney in the Amount of $1,100.00; (4) Motion to Compel Responses to Pl...

Excerpt: ...; (2) special interrogatories, set one; (3) request for production of documents, set one. Plaintiff shall have thirty days from the date of this ruling to provide full and complete verified responses to these three discovery demands without objection. Sanctions shall also be imposed against the plaintiff in the amount of $500.00 under CCP §2023.030(a); §2030.290(c); and §2031.300(c) made payable to defendant's counsel no later than thirty days...

Excerpt: ...t her to Department 7 before the court called her. But as detailed below, the entry of judgment in an action precludes a motion for reconsideration by the party adversely affected by the judgment. Under California law, the trial court loses jurisdiction to rule on a pending motion for reconsideration after entry of judgment. See e.g., APRI Insurance Co. v. Superior Court (Shatterman) (1989) 76 Cal.App.4th 176, 181; Banner v. Regents of University...

Excerpt: ...he court also directs the plaintiff to pay monetary sanctions to defendant's counsel in the amount of $590.00 in addition to the $500.00 that the court ordered the plaintiff to pay in its March 8, 2021 order. OPERATIVE FACTS Defendant noticed the plaintiff's deposition for March 16, 2021, but the plaintiff failed to appear for his deposition on the date noticed. On March 8, 2021, this court ordered plaintiff Rafael A. Jovel Martinez to answer def...