Excerpt: ...he entire motion and initial declarations a second time. The hearing on this matter is continued to June 28, 2021 at 8:30 a.m. in Dept. 2 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. Foot Locker Retail, Inc. (2008) 168 Cal.App.4th 116, 129. 1. Sufficiency of Amount of Settlement ($130,000.00) The gross settlement am...

Excerpt: ...fs signed separation agreements at the termination of their employment with defendant CVT, LLC that would release CVT from any of the causes of action that the plaintiffs raise in their complaint. Plaintiffs dispute the enforceability of these separation agreements but nonetheless stipulate with defendant CVT that the question of the enforceability of these separation agreements is a threshold issue that should be resolved before the parties proc...

Excerpt: ...onal service on Mr. Greenwood at the address where the nuisance exists and a forwarding address for Mr. Greenwood that the Postal Service provided to the City's process server, the City has been unsuccessful in its efforts to personally serve Mr. Greenwood. CCP §415.50 provides for the publication of a summons in a newspaper of general circulation in the county where the defendant is known or believed to reside. Publication of a summons under §...

Excerpt: ...aintiff should not submit the entire motion and initial declaration 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.4th 116, 129. 1. Sufficiency of Amount of Settlement ($750, 000) The gross settlement amount is $1,046,264 00. Plaintiff estimates the total number of class mem...

Excerpt: ...sequent motion for preliminary approval is to be supported with only supplemental declarations to the present motion addressing the issues raised below. 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. 1. Sufficiency of Amount of Net Settlement ($224,435) The gross settlement a...

Excerpt: ...d that mandarins be raised on a smaller portion of the parcel that was leased to the defendant However, mandarins were never planted on the property because market conditions apparently changed for this crop. The thrust of the plaintiff's complaint is that the defendants never intended to plant mandarins on the plaintiff's parcel and that the defendants misrepresented the profitability of the mandarin market so as to induce the plaintiff to sell ...

Excerpt: ...edings. Defendant's request for attorney's fees and costs incurred in bringing this motion is denied. The court orders a Case Management Conference on Thursday, November 4, 2021 at 8:30 a.m. in Department 7. Parties are directed to report to the court the status of arbitration proceedings. Plaintiffs seek class action recovery of damages for wage and hour violations. Defendant asserts Plaintiffs' claims must be arbitrated pursuant to a written ar...

Excerpt: ...main due and owing from Plaintiff relating to 2013 pecan crops. Defendant moves for summary judgment and alternatively, for summary adjudication of five (5) submitted issues. 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 p...

Excerpt: ... negligence. Plaintiff moves this court to add a new defendant (AJM Delivery Service) and plead two new causes of action against AJM for negligence and premises liability. STANDARD OF REVIEW The court has discretion “in furtherance of justice” to grant leave to amend a party's complaint (CCP §§473(a)(1); 576) Leave to amend should be liberally granted “at any stage of the proceedings, up to and including trial” absent prejudice to the a...

Excerpt: ...; (2) To grant defendant AZ Transportation's motion for order requiring the production of Tulare County Sheriff and Coroner documents. The Tulare County Sheriff and Coroner shall produce the photographs that are the subject of this motion no later than twenty days from the notice date for this ruling.All parties were given proper notice of these two motions. Plaintiff has filed a “Notice of Non-Opposition” to each of these motions. AZ TRANSPO...

Excerpt: ...Negligent Infliction of Emotional Distress that arise out of the plaintiffs' claim that the defendants violated the civil rights of plaintiffs' decedent Humberto Sanchez Ramos under 42 U.S.C. §1983. Defendants demurrer to the plaintiffs' first amended complaint on the bases that (1) plaintiffs have failed to allege sufficient facts to constitute any causes of action, and (2) that the defendant deputies are exempt from liability based on qualifie...

Excerpt: ...adequate. No response has been filed by Plaintiff. Plaintiff is self-represented in this action. Plaintiff is required to comply with established requirements for valid pleading. (1) Defendant demurs to Plaintiff's complaint asserting it fails to state a cause of action because, on its face, the action is barred by the statute of limitations for medical negligence claims under CCP 340.5. For purposes of a demurrer all properly plead facts and tho...

Excerpt: ...nt 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, 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....

Excerpt: ...y and as Successor in Interest to the Estate of Miguel Hernandez, to Request for Production of Documents, Set One and for Sanctions by Defendant Lawrence Tractor, Inc.; (3) Motion to Compel Responses, or alternatively, Further Responses by Plaintiff Vanessa Rivera, Individually and as Successor in Interest to the Estate of Miguel Hernandez, to Form Interrogatories, Set One and for Sanctions by Defendant Lawrence Tractor, Inc. Tentative Rulings: (...

Excerpt: ... interrogatories; and (4) request for production of documents, set one. Defendants shall pay sanctions to plaintiff's counsel in the amount of $560.00 no later than 30 days from the notice date for this ruling. CCP §2024.020 advises that (a) Except as otherwise provided in this chapter, any party shall be entitled as a matter of right to complete discovery proceedings on or before the 30th day, and to have motions concerning discovery heard on o...

Excerpt: ...cident which is the subject of this civil action. Defendant remains incarcerated in the Tulare County Jail on the criminal charges. There is a preliminary hearing scheduled in the criminal action on June 18, 2021. Defendant asks that the civil action be stayed and set for further case management conference in December 2021. Plaintiffs oppose the motion. It is alleged that Defendant was operating his vehicle under the influence of alcohol at the t...

Excerpt: ...required of her under the agreement. Plaintiff seeks an order to enforce the settlement agreement under CCP 664.6. Plaintiff's prior motion was denied by the court, without prejudice for an insufficient showing that Defendant has refused to comply with the settlement terms. The settlement agreement relied on by Plaintiff provides that Defendant will convey her interest in the subject real property to Plaintiff in consideration for a payment of $4...

Excerpt: ...e verified responses to Form Interrogatory 12.1 to plaintiff's counsel no later than thirty days following the notice of this ruling. (2) To grant in part and deny in part plaintiff's motion to compel further responses to request for production of documents nos. 1, 3, 9, 37-54, and 60-65 as detailed below. As to those document categories where the court has indicated that a further response is required, defendant General Motors shall provide full...

Excerpt: ...were served on Plaintiffs' counsel by electronic mail on April 7, 2021. No opposition has been filed. Plaintiffs action asserts wage and hour violations against Defendant. Defendant proposes to assert additional affirmative defenses in its answer based on separation agreements executed by Plaintiffs. Defendant's proposed Cross-Complaint seeks affirmative relief based on the same purported agreements. Defendant has shown that Plaintiffs were aware...

Excerpt: ...nterrogatory 12.1 (2) To grant plaintiffs' motion to compel defendant General Motors, LLC's further response to production of documents nos. 1, 3, 9, 15, 16, 31, 33, 37, 37-57, 63 and 64. Defendant shall provide a further complete and verified response to this form interrogatory and this request for production of documents to plaintiffs' counsel within 30 days from the notice date for this ruling. FORM INTERROGATORY 12.1 Interrogatory 12.1 calls ...

Excerpt: ...rs to Plaintiff's claims under his First and Fifth Causes of action asserting sick pay benefits are not wages recoverable under the Labor Code. For purposes of a demurrer all properly plead facts and those reasonably arising by implication 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 t...

Excerpt: ...fendant's employee. Defendant demurs to Plaintiff's Third Cause of Action for Intentional Infliction of Emotional Distress. Plaintiff opposes the demurrer. For purposes of a demurrer all properly plead facts and those reasonably arising by implication 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...

Excerpt: ... motion. The court has not received any opposition to this motion. On December 26, 2020, plaintiff Bob L. Sansom passed away. Plaintiff Loren Sansom, as the successor-in-interest of Mr. Sansom, now moves the court for leave to amend the complaint and convert the first cause of action for medical malpractice to a Survival Action for Medical Negligence brought by Loren Sansom. STANDARD OF REVIEW The court has discretion “in furtherance of justice...

Excerpt: ...o 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, he causes a shift, and the opposing party is then subjected to a burden of production of hi...

Excerpt: ...rst inspection demand seek the following records and writings –including electronically stored information and e-mails – as to the following topics: • Any internal analysis or investigation that Honda conducted that involved electrical defects as to the 2018 Honda Accord (Item #16); • Honda's decision to issue any notices, letters, campaigns, warranty extensions, technical service bulletins and recalls for the 2018 Honda Accord (Item #18)...

Excerpt: ...s, and a Toyota owned and operated by plaintiff Norma Lopez de Barrera. The collision between these two vehicles was severe enough to tear the rear step off the tractor trailer and declare the Toyota to be a total loss. As a result of the accident, plaintiff sustained injuries to her head, neck, back, and extremities that required multiple spinal injections, chiropractic therapy, and a consultation with a neurosurgeon. Liability in this case is c...

Excerpt: ... to a mental examination by Deborah Crosswell, Ph.D. on April 29, 2021. Counsel shall coordinate the times and locations for these examinations. The court also directs that the provisions of CCP §2024.030 that set forth the time limitations to conduct expert discovery shall not apply as to Drs. Rubenstein and Crosswell. Defendants move this court for leave to conduct follow-up mental and physical examinations of the plaintiff Rey Moreno within t...

Excerpt: ...gh 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 breach of contract action that arises out of defendant Elia...

Excerpt: ...iana Paoli sustained when she was knocked to the ground while attempting to record a foot race conducted on June 20, 2017 during the time of the California League All Star game. The injuries that plaintiff claims to have sustained in this accident include a traumatic brain injury that has caused a decrease in cognitive skills, balance, vestibular system dysfunction, management skills, executive function, depression and anxiety. Subsequent to her ...

Excerpt: ...kh Shamser Ali and AZ Transportation as defendants. At a Case Management Conference on October 22, 2020, defense counsel learned that defendant Ali had been served by substituted service as a “John Doe” on June 30, 2020, and the individual who received the plaintiff's summons and complaint advised the process server that Mr. Ali was “gone forever.” But Mr. Ali could not have been personally served (or served by substituted service) on Jun...

Excerpt: ...ices' Motion for Judgment on the Pleadings; (2) To Grant Defendant Valley Careidence OPCO, LLC's Motion to Dismiss Plaintiff's Complaint; and (3) To Grant Defendant Abbas Hasnain, M.D.'s Motion for Summary Judgment. Plaintiff's action is for medical negligence based on allegations that Defendants' care and treatment of Plaintiff did not meet applicable standards of care. Plaintiff has been self-represented in this action since October 29, 2020. P...

Excerpt: ...nt General Motors shall provide the requested documents to plaintiff's first inspection demand to plaintiff's counsel no later than twenty days from the date of notice for this ruling. Defendant General Motors and its counsel Erskine Law Group APC shall also pay monetary sanctions to plaintiff's counsel under CCP §2031.310(h) in the amount of $1,060.00 no later than twenty days from the notice of this ruling. Plaintiff's first inspection demand ...

Excerpt: ...sed against Alliance United Insurance Company and its Attorneys Daniels, Fine, Israel, Schonbuch and Lebovits, LLP. Alliance shall provide the requested documents and pay the imposed sanctions no later than thirty days from the notice of this ruling. Proper notice of this motion was given to all parties. There has been no response to this motion. OPERATIVE FACTS On or about April 25, 2019, defendant Escamilla gave recorded statements to his insur...

Excerpt: ...nt. Defendant demurs to both causes of action. Plaintiff's claims relate to sale by Defendant of a residence located in Tulare County. Plaintiff asserts the residence was a community property asset of the parties. In opposition to the demurrer, Plaintiff asserts there was an agreement between the parties as to sale of the property and disposition of the sale proceeds. Plaintiff asserts Defendant breached that agreement. Plaintiff's cause of actio...

Excerpt: ...endant Daniel Brown, D.O. was dismissed from this action with prejudice. As a result of the dismissal, Defendant's motion for summary judgment is rendered moot. (2) Plaintiff brings a medical negligence action. Defendant Echeverria, P.A. moves for summary judgment asserting Plaintiff's action is untimely and that Defendant's care and treatment of Plaintiff met all applicable standards of care. Summary judgment is granted when no triable issue exi...

Excerpt: ... settlement here involves one of the two Defendants. Peoplease, LLC is the settling Defendant and will obtain a release of claims and be, ultimately dismissed from this action. KLX, Inc. is the non-settling Defendant. This action will remain pending as to the non- settling Defendant. 1. Sufficiency of Amount of Settlement Plaintiff estimates there are 234 employees impacted by the settlement. The gross settlement is $470,000.00. Plaintiff's couns...

Excerpt: ...seling Services This is a guardianship proceeding. Petitioner is the maternal grandmother of Minor Josiah Edward Wilson. The court granted an ex parte order appointing petitioner as guardian on January 29. 20201. The court granted the petition and set the matter for a further hearing pursuant to Probate Code 2250 on March 1, 2021. At that hearing the court the court ordered investigations pursuant to Probate Code 1513(a) and (b), confirmed the te...

Excerpt: ...hich occurred on March 15, 2019. The subject action involves the parties involved in the accident. The later filed case (VCL196074) involves the insurer of a vehicle involved in the collision. The insured is Jaime Rodriguez (the owner of one of the vehicles) who is not a party to the earlier action (VCU283426). Plaintiff/Cross-Defendant Jose Isabel Avelar Rodriguez opposes consolidation, joined by all other Plaintiffs. In opposition Plaintiff/Cro...

Excerpt: ... of March 26, 2021, no response to the motion had been posted to the court's case management system. Defendant seeks to consolidate this action with Case No. VCU285270 – Pacific Properties Sales & Management, Inc. v. Carver. The actions involve some of the same parties. Both actions relate to a 320-acre parcel of real property located near Johnsondale, Tulare County, California. Both actions relate to a written lease agreement involving approxi...

Excerpt: ...tories, Set (1), to Order Plaintiff to deliver to Defendant verified written responses, without objection, to Defendant's discovery within ten (10) days of this order, to Order Plaintiff pay to Defendant the sum of $650.00 as a monetary sanction. Sanctions are payable within ten (10) days of this order; and (2) To Grant Defendant's Motion for Order Compelling Plaintiff's Responses to Request for Production of Documents, Set (1), to Order Plaintif...

Excerpt: ...aintiff's Complaint. (1) Plaintiff asserts four (4) causes of action for wrongful termination, retaliation and wage and hour violations. Defendant demurs to the wrongful termination claim (First Cause of Action) and to the wage and hour claims (Third and Fourth Causes of Action). Defendant asserts it cannot be liable on Plaintiff's claim for wrongful termination in violation of public policy pursuant to Government Code 815(a). As to the wage and ...

Excerpt: ...Defendant's Demurrer to all causes of action, with leave to amend. Plaintiff shall file its amended complaint within 14 days of this order. Plaintiff is a citrus grower who brings this action against Defendant Grow Pure, who operated as a citrus packer and marketing agent. Plaintiff delivered all of its citrus crops to Defendant for the 2018- 2019 and 2019-2020 crop years pursuant to a written agreement. Defendant was to process, pack, market, an...

Excerpt: ... Motion by Defendant Michael David Wilgus to Strike Conclusory Allegations and Prayer for Punitive Damages from Plaintiff's Second Amended Complaint; and (2) to Deny the Motion by Cross-Defendant Michael David Wilgus to Strike Conclusory Allegations and Prayer for Punitive Damages from the Feinstein First Amended Cross-Complaint. Plaintiff's action seeks recovery of damages for injuries sustained in an automobile accident. In addition to negligen...

Excerpt: ... guardian on January 29. 20201. The court granted the petition and set the matter for a further hearing pursuant to Probate Code 2250 on March 1, 2021. At that hearing the court the court ordered investigations pursuant to Probate Code 1513(a) and (b), confirmed the temporary guardianship and set the matter for a hearing on a permanent guardianship for May 24, 2021. On March 3, 2021 petitioner issued a subpoena to Dr. Rajeswari Sidharaju for medi...

Excerpt: ... order; (2) To Deny Petitioner's Request for Order – Receivership and Restraining Order and to Deny Petitioner's Request for Sanctions, without prejudice. Petitioner Cendy Palacio filed an Amended Complaint for Joinder on January 21, 2021. By the Complaint, Petitioner seeks to join Respondent's brother Alfredo Ayala in this action alleging that Respondent improperly transferred his interest in corporations to Alfredo to the detriment of Petitio...

Excerpt: ... 2020. The request was denied by the City of Visalia on August 31, 2020. Petitioner renewed his request on September 1, 2020 and the city responded on September 18, 2020. Petitioner asserts the request was for public information which the city is required to provide under the CPRA. The City of Visalia opposes the petition. Government Code 6254(f) generally requires disclosure of the name of a crime victim with the following exceptions: “Notwith...

Excerpt: ...endants seek to enforce an arbitration provision in the purchase and sale agreement executed by Plaintiff. Plaintiff opposes arbitration asserting 1) Defendants waived the arbitration provision by litigating in federal court and 2) the arbitration provision is not applicable as to the manufacturer, Defendant FCA US, LLC as it is not a signatory to the purchase and sale agreement. As to the waiver assertion, Defendants have shown that they have st...

Excerpt: ...ss conducted by Plaintiff and Defendants. Plaintiff's Complaint asserts various causes of action related to the alleged business dealings including breach of oral contract, rescission, breach of fiduciary duty, for an accounting, for recovery of money had and received, for constructive trust, unjust enrichment, unfair competition, fraud, and alternatively for breach of contract. Defendants demur to the entire complaint. Defendants also demur to t...

Excerpt: ...ith reference to the public policies underlying PAGA. (O'Connor v. Uber Technols., Inc. (2016) 201 F.Supp.3d 1110, 1113.) The settlement is limited to PAGA claims. Compliance with class certification requirements is not required. (Arias v. Superior Court (Angelo Dairy) (2009) 46 Cal.4 th 969.) “Although our Supreme Court has stated that this provision ensures that “any negotiated resolution is fair to those affected” (Williams v. Superior C...

Excerpt: ... parcel of real property in the City of Visalia and one parcel in the City of Tulare. Plaintiffs operated an assisted living facility at the Visalia parcel. Plaintiffs were planning convert the Tulare parcel into an additional assisted living facility. Defendants were involved in financing or refinancing for both properties from about November 2016 through June 2017. Defendants assert they loaned $3,575,000.00 to Plaintiffs secured by the two par...

Excerpt: ... and Stay Action. The parties are directed to arbitration of their disputes in accordance with the arbitration provision of the written purchase agreement. This action is ordered stayed pending completion of arbitration proceedings. (1) Defendant Mark Sidley Auto Group, Inc. has been dismissed from this action. Dismissal renders the motion moot. (2) Defendant asserts Plaintiff is required to arbitrate pursuant to the purchase agreement containing...

Excerpt: ...sents Zenith and thus must be disqualified for an alleged conflict of interest. Zenith asserts it has hired the Horton firm on a number of occasions since 2016 to represent its insureds in litigation matters. Zenith asserts the Horton firm represented its insureds in a number of cases at the time the present action was filed by Plaintiff. In this action, Zenith asserts a subrogation claim against Defendant Hettinga Transportation for workers' com...

Excerpt: ...ased from Defendant's dealer. By this motion, Plaintiff seeks an order requiring Defendant to provide further responses to 15 requests for production of documents. Plaintiff asserts the requests involve 1) Defendant's internal investigation of defects involving powertrain, electrical, and backup camera; and 2) Defendant's warranty and vehicle repurchase policies, procedures and practices. Plaintiff asserts Defendant's responses to the 15 discover...

Excerpt: ... 425.16.) Plaintiffs' initial complaint filed March 23, 2020 sought damages on five causes of action: Malicious Prosecution, Abuse of Process, Breach of Contract, Inverse Condemnation, and Violation of Civil Rights. On July 22, 2020, Defendant filed its Special Motion to Strike as to all causes of action. On September 2, 2020, prior to the hearing on the Special Motion to Strike, Plaintiff filed a First Amended Complaint asserting only claims for...

Excerpt: ...for negligence, intentional misrepresentation, battery, lack of informed consent, and negligent infliction of emotional distress. Plaintiffs' claims relate to dental procedures including multiple dental crowns involving the now four-year old Plaintiff, Giselle Cisneros. Defendant demurs to the Third Cause of Action – for medical battery; the Fourth Cause of Action – for lack of informed consent; and to the Fifth Cause of Action – for neglig...

Excerpt: ... Cross-Complaint within ten (10) days of this order. This action is a dispute over development of commercial real property located in Tulare County. Cross-Defendants demur to all causes of action asserted in the Second Amended Cross- Complaint. Cross-Complainants' procedural objections to the demurrer are overruled. For purposes of a demurrer all properly plead facts and those reasonably arising by implication must be accepted as true. (Couglas v...

Excerpt: ...with 15 days leave to amend. Petitioner Cendy Palacio sought to join additional parties to a judgment of dissolution proceeding in order to facilitate enforcement of a judgment. After extensive litigation, the court granted this joinder and Respondent Juan Ayala and Alfredo Ayala appealed. The appellate court affirmed the lower court's ruling, and addressed the motions now before the court in its opinion. (1) Alfredo Ayala demurrers to causes of ...

Excerpt: ...ndant's Request for Production of Documents, Set One within 30 days of this order. To Order that Defendant's Requests for Admission numbered 1 through 36 are deemed admitted. The court orders Plaintiff Rafael A. Jovel Martinez to pay to Defendant the sum of $550.00 as a monetary sanction. Sanctions are payable within 30 days of this order. Proof of service in the file indicates notice of the motion was adequate. Plaintiff has not filed a substant...

Excerpt: ... employee handbook, which contains the arbitration provision relied on by Defendant, specifically provides the handbook is not a contract and further provides it may be unilaterally amended by Defendant at any time. These provisions render the provision ambiguous and unenforceable by Defendant. The admonition that the agreement creates no legal rights appears not only in the introduction to the handbook, but on the acknowledgement page as well. A...

Excerpt: ...ntiff, a non-profit corporation. The officers are not attorneys. Defendant demurs to the complaint because a corporation is not permitted to appear in court without an attorney. (Merco Constr. Engineers, Inc. v. Mun. Court (1978) 21 Cal.3d 724, 731; Gamet v. Blanchard (2001) 91 Cal. App. 4th 1276, 1284.) Plaintiff recently retained counsel who substituted into this action on February 3, 2021. Counsel filed a response to the demurrer seeking only ...

Excerpt: ...eeks damages from Defendant Visalia Unified School District and several school district administrators arising from the 2017 death of Plaintiff's daughter. (1) All Defendants demur to all causes of action asserted by Plaintiffs. For purposes of a demurrer all properly plead facts and those reasonably arising by implication must be accepted as true. (Couglas v. E. & J. Gallo Winery (1977) 69 Cal.App.3d 103, 114.) An exception, however, is that the...

Excerpt: ...hearing on all three discovery motions to March 23, 2021 at 8: 30 a.m. in Department 23. As to all three discovery motions: Plaintiff's action seeks damages for injuries suffered from a defective product. Defendant propounded written discovery in October 2020. Plaintiff, through his counsel, provided responses to the discovery containing only unverified objections. Plaintiff's counsel advised Defense counsel that there was a communication problem...

Excerpt: ... court by National General Insurance Company; and to Order the clerk to release and disburse to Plaintiff Maribel Lopez $5,000.00 from funds deposited with the court by National General Insurance Company. Proof of service in the file indicates notice of the motion was adequate. No response to the motion has been filed. Defendant has entered into a settlement with Plaintiff Visalia Unified School District and Plaintiff Maribel Lopez. This is an in...

Excerpt: ...t by Plaintiff (Taft v. Bhajal VCL195959). The court's ruling on demurrer in the separate action is applicable in part. Plaintiff, Mary Taft is the mother of Foster Taft, who was recently admitted to the bar and now represents Mary Taft in this action. Foster Taft, in his individual capacity, previously filed two separate actions against Defendant. (VCU268870 and VCU283754.) In both actions Foster Taft sought medical records from Defendant relate...

Excerpt: ... good faith settlement. Defendant Dokken Engineering, Inc. objects to the settlement. In this action City of Dinuba seeks to recover from Seville Group and Dokken Engineering the amount of an arbitration award entered against it and in favor of Papich Construction, Inc. The City seeks to recover the sum of $3,700,000.00 plus fees and costs. The amount represents expenses incurred for dealing with underground utility lines which had to be moved fo...

Excerpt: ...s order. Defendant demurs to the Third Cause of Action – for Conspiracy and to the Fifth Cause of Action – for Unfair Competition in Plaintiff's Third Amended Complaint. For purposes of a demurrer all properly plead facts and those reasonably arising by implication 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 proper...

Excerpt: ...uired administrative remedies have been exhausted. Plaintiffs are the relatives of Albert Balderas, Jr., deceased. The decedent was a disabled individual who received services from Defendants Social Vocational Services, Inc. and Defendant Central Valley Regional Center, Inc. While on an outing with SVS, decedent was arrested for improperly touching a boy in a restroom. While in custody at the Tulare County pre-trial detention facility, decedent w...

Excerpt: ...to Petitioner's First Amended Petition for Writ of Mandate; and (2) To Grant the Motion by Touchstone Pistachio Company to Strike Portions of the First Amended Petition for Writ of Mandate, with leave to amend. Any amended petition should be filed and served within fourteen (14) days of this order. (1) Real Party in Interest (“Touchstone”) demurs to all causes of action asserted in the First Amended Petition for Writ of Mandate. Touchstone as...

Excerpt: ...amended complaint must be filed and served within ten (10) days of this order. (2) To Deny Defendant's Motion To Strike Punitive Damages in Plaintiff's Complaint (1) In this lemon law action, Defendant demurs to Plaintiff's 3 rd, 5 th and 6 th Causes of Action. For purposes of a demurrer all properly plead facts and those reasonably arising by implication must be accepted as true. (Couglas v. E. & J. Gallo Winery (1977) 69 Cal.App.3d 103, 114.) A...

Excerpt: ...he Motion by Defendant David Wilgus to Contest the Application for Determination of Good Faith Settlement. This action arises from an automobile accident occurring August 1, 2018. Plaintiff seeks recovery for injuries suffered as a passenger of one of the two vehicles involved in the accident. Defendants Feinstein and Wilgus were drivers of the vehicles. Feinstein has filed a Cross-Complaint against Wilgus for indemnification and apportionment of...

Excerpt: ...it worthiness. Defendant's declaration confirms title was placed in her name. Nothing in Defendant's declaration disputes Plaintiff's contentions that he contributed equally to the down payment, renovation expenses, and maintenance expenses. Plaintiff also asserts he contributed equally to all mortgage payments. Under these circumstances, Plaintiff has adequately asserted a claim to an interest in real property under CCP 405.4. Exhibit “4” at...

Excerpt: ...ents Mary Taft in this action. Foster Taft, in his individual capacity, previously filed two separate actions against Defendant. (VCU268870 and VCU283752.) In both actions Foster Taft sought medical records from Defendant related to his father (and husband of Mary Taft). Both of those prior actions were disposed of after demurrers by Defendant were sustained without leave to amend. Plaintiff's action here repeats the same claims for medical recor...

Excerpt: ... order on October 30, 2020. In the past, the parties have indicated the proposed depositions are dependent on site inspection results. The parties have endeavored to reach agreement for a further site inspection order. The parties' efforts have been unsuccessful. Plaintiff has submitted a proposal calling for testing of multiple wells and other sites on Defendant's property over a period of many months which Plaintiff claims is necessary to estab...

Excerpt: ...y 18, 2021 to provide further information. Supplemental supporting documents were submitted on February 16, 2021 only 2 days before the hearing. Plaintiff has addressed a majority of the deficiencies noted by the court in its January 7, 2021 ruling. The court's remaining concerns are as follows: Plaintiff has provided information as requested about the net settlement and estimated distribution to class members. The estimated average distribution ...

Excerpt: ... from Defendant's negligence in permitting an unrestrained dog to chase Plaintiff giving rise to fear of an attack which caused Plaintiff to fall and suffer injuries. This is Plaintiff's second effort seeking summary judgment. Her first motion was denied on February 13, 2020 almost a year prior to the current hearing. Defendant points out a myriad of procedural deficiencies in the moving papers, the majority of which are valid. The court, however...

Excerpt: ...Ruling: (1) To Grant the motion of Defendant Marriott Visalia for Summary Judgment; (2) to Deny the motion of Defendant Elmore Sports Group, Ltd. for Summary Judgment; (3) to Deny the motion of Defendant Inland Empire 66ers for Summary Judgment and to deny the alternative motion for summary adjudication as to all issues submitted; and (4) to Deny the motion of Defendant Taylor Dunn for Summary Judgment. Plaintiff asserts she was severely injured ...

Excerpt: ...r Tuesday, May 11, 2021 at 8:30 a.m. in Department 2. Plaintiff shall submit a revised proposed order with the correct department and judicial officer as well as providing for the final hearing date. The court initially heard the motion on October 21, 2019 and denied the motion outlining a number of deficiencies. The court finds Plaintiff's supplemental declarations filed on October 23, 2020 sufficiently address the court's concerns and to enable...

Excerpt: ...ed by the parties is precluded as a matter of law under Business and Professions Code 16600. B&P 16600 limits but does not totally bar non-solicitation agreements. Defendant has not shown that the agreement at issue here is precluded by the statute as a matter of law. Defendant has not shown that the agreement restricts Defendant from employment opportunities. Defendant has not shown that the agreement is unenforceable as a matter of law under Lo...

Excerpt: ...y of Tulare for improper maintenance of the intersection where the accident occurred (Plaintiff's Fifth Cause of Action). Defendant County of Tulare moves for summary judgment. In support of the motion, Defendant submits 19 material facts supported by evidence. Defendant's facts and evidence are sufficient to support Defendant's contentions that Plaintiff cannot show the intersection was improperly maintained or was in a dangerous condition at th...

Excerpt: ...serts Plaintiffs are required to arbitrate even though one of them is not a signatory to the agreement containing the arbitration clause under Felisilda v. FCA US LLC (2020) 53 Cal.App.5 th 486. Plaintiff asserts the case is not applicable because Plaintiff has dismissed all claims against the dealer and is pursuing only the manufacturer. At least one federal court agrees with Plaintiff's contention that Felisilda does not apply when pursuing onl...

Excerpt: ...Plaintiff's Motion to Tax Costs. Defendant seeks monetary sanctions asserting Plaintiff continued to pursue frivolous pleadings after being advised that Plaintiff intended to seek sanctions for such conduct under CCP 128.7. The court finds Defendant's notice of the hearing on its motion for sanctions was statutorily compliant. Plaintiff's attempt to assert the motion was fatally deficient because the motion was heard on January 14, 2021 rather th...

Excerpt: ... at 8:30 a.m. in Department 1. On August 27, 2020, the court granted preliminary approval of the class settlement entered between Plaintiffs and Defendants. The declaration from the settlement administrator shows that notice of the settlement was provided to 474 class members by mail on October 19, 2020. Twenty-nine notices were ultimately undeliverable. No requests for exclusion from the class were received. No objections to the settlement were ...

Excerpt: ... approximately 12:45 a.m. on June 20, 2017 in a courtyard of the hotel. The two runners were employed by minor league baseball teams staying at the hotel. Moving Defendant William Thornhill is also employed in a management capacity by a minor league baseball team, Defendant Lancaster Jethawks. Plaintiff asserts moving defendant was one of the organizers of the footrace. Plaintiff asserts a cause of action for negligence against Movant. Plaintiff ...

Excerpt: ...he covenant of good faith and fair dealing, slander of title, and intentional interference with prospective economic relationship. The action relates to development of real property commonly known as 2948 and 2950 East Douglas Avenue, Visalia California and 1333 Lewis Lane, Tulare, California. Defendants demur to the sixth cause of action – for slander of title and to the seventh cause of action – for intentional interference with prospective...

Excerpt: ...Judgment; and (2) To Deny the Motion by Defendant Buckman Mitchell, Inc. for Summary Judgment and to Deny the alternative motion for summary adjudication as to all issues submitted. "'"The standard for deciding a summary judgment motion is well-established, as is the standard of review on appeal." [Citation.] "A defendant moving for summary judgment has the burden of producing evidence showing that one or more elements of the plaintiff's cause of...

Excerpt: ...ession of property was based on failure to comply with lease covenants other than payment of rent. Defendants opposed the action. Defendants unsuccessfully demurred to the complaint, filed answers, and propounded voluminous written discovery to which Plaintiff was required to respond. Only when the matter was called for trial on December 14, 2020, was the court advised that Defendants had vacated the subject property. Plaintiff asserts Defendants...

Excerpt: ...n should be filed and served within twenty (20) days of this order. Petitioner is self-represented. Notice of both demurrers appears to have been adequate. Petitioner has not filed a response to either demurrer. Petitioner's amended petition is unclear and improperly appears an attempt to add to rather than replace her initial pleading which was captioned as a “Motion for Judicial Review.” Taken together it appears the primary relief sought b...

Excerpt: ...liminary approval. The court reviews the motion with regard to the deficiencies previously noted by the court. Justification for installment funding Plaintiff has filed a supplemental declaration from Defendant which adequately supports the provision for installment funding of the settlement amount within 90 days. Enhancement awards to class representatives Plaintiff has not presented additional information to support the requested awards and ref...

Excerpt: ... to discovery. Notice of the motion appears to have been adequate. Plaintiff has not responded to the motion. Plaintiff's action has been pending for more than a year, since December 12, 2019. Plaintiff failed to respond to Defendants' written discovery propounded in February 2020. Plaintiff failed to respond to Defendants' initial motion to compel responses to discovery filed July 17, 2020. On August 17, 2020, the court adopted its tentative rul...

Excerpt: ...r Costs and Attorneys' Fees as Prevailing Party on Appeal and to Order that Defendant recover costs on appeal in the sum of $820.70; and (2) to Grant the Motion by Plaintiff to Strike/Tax Memorandum of Costs on Appeal Submitted by Defendant D.L. Walton Engineering and to Order the claim for attorneys' fees stricken from Defendant's Memorandum of Costs on Appeal. Plaintiff obtained judgment against Defendant by default. Defendant moved in this cou...

Excerpt: ...material, triable issues of fact exist are to be resolved in favor of the party opposing summary judgment. . .. A defendant moving for summary judgment meets its burden of showing that there is no merit to a cause of action if that party has shown that one or more elements of the cause of action cannot be established or that there is a complete defense to that cause of action. (§ 437c, subds. (o)(2), (p)(2).) If the defendant does so, the burden...

Excerpt: ...vised that Plaintiff intended to seek sanctions for such conduct under CCP 128.7. Defendant asserts Plaintiff's pleadings in this action were both factually frivolous and legally frivolous. Defendant seeks monetary sanctions in the sum of $8,757.00. Defendant asserts the amount represents reasonable attorneys' fees and costs incurred since the notice required under CCP 128.7 was given. Defendant's Request for Judicial Notice is granted. Plaintiff...

Excerpt: ... 20, 2017 in a courtyard of the hotel. The two runners were employed by minor league baseball teams staying at the hotel. Moving Defendant Lancaster Jethawks is the baseball team with whom one of the alleged race organizers was employed. (Defendant Will Thornhill.) One of the runners was also employed by Movant. (Defendant Dunn.) Plaintiff asserts a cause of action for negligence against Movant. Plaintiff was also employed in minor league basebal...

Excerpt: ...ather Pietroforte and Law Offices of Heather Pietroforte, A Professional Corporation's demurrer to plaintiff's first amended complaint (2) To grant defendants' motion to strike portions of plaintiff's first amended complaint without leave to amend. Defendants shall have 30 days from the date of notice of this ruling to answer the plaintiff's complaint DEFENDANTS' REQUEST FOR JUDICIAL NOTICE The court notes that a more detailed ruling on defendant...

Excerpt: ...VE FACTS Plaintiff Elizabeth Rocha was employed by the defendant Tulare County Office of Education (TCOE) as a rehabilitation specialist. She alleges that during the time that plaintiff worked for TCOE at the Washington Intermediate School in Dinuba, she was the subject of incidents that threatened her safety and the safety of other students and staff. Plaintiff contends that TCOE ignored her requests for physical assistance (and was instructed t...

Excerpt: ...ns Against Plaintiff and Plaintiff's Counsel in the Sum of $860.00. If any party intends to request oral argument for either or both of these discovery motions, the parties are directed to meaningfully meet and confer before the hearing of these motions in a good faith attempt to resolve the issues raised in these discovery motions. Tentative Rulings: (1) To grant in part and deny in part defendant/cross complainant Visalia Motor's motion to comp...

Excerpt: ... faith dispute as to Interrogatory 12.1 that would make the imposition of sanctions unjust. See CCP §2030.300(d). Interrogatory 3.7 seeks information as to the nature of the corporate entity McAuliff Center LP. McAuliff's response is an incomplete attempt to comply with the provisions of CCP 2030.220 that afford the responding party to interrogatories to refer the propounding party to documents that contain the requested information. CCP §2030....

Excerpt: ...ould not 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.4th 116, 129. 1. Sufficiency of Amount of Settlement ($550,000) The gross settlement amount is $550,000. Plaintiff estimates the total number of class members is 100. Pl...

Excerpt: ...icient declaration showing full performance of the settlement is filed prior to the hearing, it will go off calendar. The court reviews the motion and Settlement Agreement for support that the settlement is fundamentally fair, reasonable, and adequate with reference to the public policies underlying PAGA. (O'Connor v. Uber Technols., Inc. (2016) 201 F.Supp.3d 1110, 1113.) The settlement is limited to PAGA claims. Compliance with class certificati...

Excerpt: ...otion and initial declaration 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.4th 116, 129. 1. Sufficiency of Amount of Settlement ($750,000) The gross settlement amount is $750.000. Plaintiff estimates the total number of class members is proximately 2400. Plaintiff provides...