Excerpt: ...ees, costs, and expenses. This award of attorney fees is based on lodestar attorney fees of $53,600.00 plus a lodestar multiplier of 0.5 for the Knight Law Group and a lodestar of $2,950.00 plus a lodestar multiplier of 0.5 for the law firm of Robinson Calcagnie, Inc. Plaintiffs shall also recover their costs incurred in the amount of $12,396.90 subject to defendant's motion to tax costs that will be heard on January 21, 2021. The Song-Beverly Co...

Excerpt: ...Complaint. (2) To Grant the Application of Michael A. Graziano to Appear as Counsel Pro Hac Vice. (1) Plaintiff asserts Defendant breached its account holder agreement by charging two fees during a single use of a third party automated teller machine – $1.50 for withdrawing funds and $1.00 to check the account balance. Plaintiff alleges only one fee is authorized under the agreement. Plaintiff asserts claims both individually and as representat...

Excerpt: ...thurton's first amended complaint. Defendant General Motors LLC's shall file its answer to the plaintiff Arthurton's first amended complaint within ten (10) days of this ruling. General Motors LLC's demurrer to Mr. Arthurton's first amended complaint In this action, Mr. Arthurton asserts causes of action for breach of implied warranty of merchantability under the Song-Beverly Warranty Act, breach of express warranty under the Song- Beverly Warran...

Excerpt: ... the alternative to deem matters admitted; (2) To grant in part and deny in part plaintiff Harriet Armstead's Motion to Compel Special Interrogatories, Set Two Plaintiff Harriet Armstead's Motion to Compel Responses, or in the Alternative to Deem Matters Admitted This is a personal injury case that arises out of an April 20, 2019 confrontation between plaintiff and a dog owned by defendant Tamara Lagomarsino. Plaintiff contends that she fell and ...

Excerpt: ...e to conduct this interview All parties were given proper notice of this matter. There has been no response to this motion. Defendant Allan moves this court for an order that compels plaintiff Angela Reynoso to submit to a clinical interview to evaluate the nature and extent of any physical injuries she sustained as the result of a traumatic brain injury that she attributes to the accident at issue in this case. The court notes that defendants ha...

Excerpt: ...tiffs' Complaint. Defendant mailed a form of judgment to Plaintiffs on September 9, 2020. The court signed the form of judgment on September 30, 3020 and judgment was filed the same day. Plaintiff now asserts they attempted to appear at trial via Zoom, but were unable to do so. The court normally only allows Zoom trial appearances by stipulation, which, in this case, the plaintiff had neither sought nor received. As will be detailed below, this c...

Excerpt: ...low. Plaintiffs should 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 ($2,000,000.00) The gross settlement amount is a figure not to exceed $2,000,000 Plaintiff estimat...

Excerpt: ... court a revised order for its signature that is consistent with this ruling. OPERATIVE FACTS On October 28, 2020, this court approved the petition for the transfer of payment rights by and between Celeste Ybarra and Peachtree Settlement Funding, LLC pursuant to California Insurance Code §10134 et seq. This order called for one payment of $75,000 (out of a total lump sum of $101,600) due to Celeste Ybarra on April 29, 2025 with the net sum of 45...

Excerpt: ...The Court has not received any response to this MSJ. Judicial Notice is granted as to defendants' request for judicial notice under Evidence Code 452(d) This MSJ arises out of a wrongful termination cause of action and related claims brought by plaintiffs David Gonzalez and Jose Adolfo Villagomez against their previous employer defendant Agri- Care. Defendant Tate Sandborg was the plaintiffs' direct supervisor and Farm Supervisor who reported to ...

Excerpt: ...To Grant Defendants' Motion to Strike Portions of Plaintiff's Complaint related to claims for punitive damages, with leave to amend. Plaintiff shall file any amended complaint within fourteen (14) days of this ruling. (1) Plaintiff asserts a number of causes of action arising from alleged wrongful termination of his employment. Defendant demurs to the First Cause of Action – for Discrimination; the Second Cause of Action – for Failure to Acco...

Excerpt: ...et three) and for monetary sanctions in the amount of $3,375 The court notes that it has already approved the definition of “class members” as previously suggested by the plaintiff (“All non‐exempt employees who, at any time from January 29, 2015 through the date Notice is mailed to the class, was employed as a bus driver for Classic Charter”) But in plaintiff's third inspection demand plaintiff defines “class members” as “All emp...

Excerpt: ...of a motor vehicle versus pedestrian accident where the terms of a settlement were agreed to by the parties at a mandatory settlement conference on November 29, 2018. Plaintiff's counsel dictated the terms of this settlement “on the record” in open court during the November 29, 2018 mandatory settlement conference. A first draft of the settlement was ordered on December 11, 2018 and defendant's counsel e-mailed the terms of the settlement to ...

Excerpt: ...t, by order of October 2, 2020, has resolved the identical issues raised by Plaintiff in this action. Plaintiff disputes Defendant's assertions. Plaintiff contends the October 2 order was limited to costs of a completed feasibility study and does not include Plaintiff's liability for ongoing or future cleanup costs. The court finds Plaintiff's contention unpersuasive. Considered in its entirety, it is clear to the court that the federal district ...

Excerpt: ... a personal care attendant for Patricia Kline. In October 2020, Patricia Kline passed away. Defendant Gerald Kline remains in possession of the premises despite the plaintiff's demand that Mr. Kline vacate. Plaintiff has requested confirmation of Ms. Kline's date of death and a copy of her death certificate. But to date, the Kline family has not provided any evidence that Ms. Kline has indeed passed away. Moreover, plaintiff conducted an internet...

Excerpt: ... medical negligence. In the original complaint the only named defendant was Kaweah Health Care District. The “Doe” defendants 1-25 were named as fictitious names and plaintiff contended that he could not identify the true names of these Doe defendants when he filed his original complaint. On November 15, 2019, plaintiff served a “Notice of Intention to Commence Suit” that identified both Optimal Health Services and Optimal Home Health Car...

Excerpt: ..., the parties entered into a Settlement Agreement that obligated defendant to pay $10,000.00 to plaintiff in monthly payments of $200.00. These monthly payments were to begin on September 15, 2020. Plaintiff's counsel Adam B. Stirrup states in his declaration that defendant has not paid any of the monthly payments. No opposition to the motion has been filed. The terms of this settlement were memorized in a February 28, 2020 “Settlement Agreemen...

Excerpt: ...ng out of a credit card obligation where plaintiff Capital One Bank pleads causes of action for breach of contract and common counts. On February 5, 2019, the parties entered into a Settlement Agreement that obligated defendant to pay $12,040.11 to plaintiff in monthly payments of $325.00 beginning on the 16th day of every month until the debt has been paid in full. This settlement agreement reserved the right to plaintiff to move the court under...

Excerpt: ...without prejudice. This is a contract action that involved the arrest of two vessels for the alleged non-payment of bunker supplies and the consequent failure to release these vessels and their contents to the plaintiffs. Plaintiff are the guarantor and shipping company for these vessels. The defendants are the owners of the vessels. Defendant AAA is a company engaged in ship management and ship owning only with its principal place of business in...

Excerpt: .... The Court finds that moving party attorney George J Vasquez of the has complied with the provisions of California Rule of Court 3.1362(d) as to the service of the moving papers for this motion on the plaintiffs. The Court has not received any response to this motion. The supporting declaration of George J Vasquez establishes that the plaintiff Jose Lopez has refused to cooperate with his counsel in the prosecution of his case and that the attor...

Excerpt: ...Retail, Inc. (2008) 168 Cal. App. 4th 116, 129. 1. Sufficiency of Amount of Settlement Plaintiffs assert there are 103 members of the proposed class, representing employees who worked for Defendant for the period covered by the complaint. The proposed gross settlement amount is $500,000.00. Plaintiffs have shown, based on information obtained through discovery, their calculations of maximum amounts recoverable in the event Plaintiffs were to obta...

Excerpt: ...ings, Set One, and Request for Sanctions; Tentative Rulings: To grant defendants' (1) motion to compel plaintiff Susan Metheney to respond to form interrogatories, set one, and request for sanctions; (2) To grant defendants' motion to compel plaintiff Susan Metheney to respond to special interrogatories, set one, and request for sanctions; and (3) To grant defendants' motion to compel plaintiff Susan Metheney to respond to defendants' demand for ...

Excerpt: ...rer to plaintiff's third amended complaint without leave to amend. OPERATIVE FACTS This is a wrongful death action arising out of defendant Sukhvinder Bhajal MD's alleged implementation of a cardiac defibrillator into plaintiff's decedent Foster H. Taft. Defendant Boston Scientific Corporation manufactured this defibrillator. Plaintiff alleges that the “device shown one event for the day of death,” the electrocardiogram fails to show the prec...

Excerpt: ...No. VCU276661 filed December 18, 2018. The prior action was not served until Plaintiff filed its First Amended Complaint on July 31, 2019. The prior action was brought by the City of Corcoran against Curtimade Dairy asserting causes of action for public nuisance, trespass, negligence, and unlawful business practices. Both the prior action and the subject action involve disputes between the parties over alleged contamination of city water wells fr...

Excerpt: ...adjudication were separately filed in each case. On November 22, 2020 the court entered its order consolidating the cases for purposes of summary adjudication. The subject motions arise out of two separate actions arising out of the treatment of John Torrez III. The first action (VCU268786) was a medical negligence claim and included a loss of consortium claim by spouse Bernadette Torrez. The action was filed in March 2017 and alleged damages fro...

Excerpt: ...ntiff shall provide full and complete verified responses to these discovery requests without objection to defendant's counsel later than 20 days from the date of notice of this ruling. Mr. Souza and his counsel shall also pay monetary sanctions to defendant's counsel in the amount of $560.00 no later than 30 days from the date of notice of this ruling as per CCP §2023.030 (a) and CCP §2030.290(c) The Court notes that these discovery motions wer...

Excerpt: ...mand for production of documents. Claimant Ricky Lynn Serrate shall provide full and complete verified responses to these interrogatories and document requests without objection within thirty days from notice of this ruling. Claimant Ricky Lynn Serrate shall also pay monetary sanctions to AAA's counsel in the amount of $472.50 within thirty days from the notice of this ruling. The Court notes that these discovery motions were timely noticed and s...

Excerpt: ...urther the construction of the State's high speed rail project. Negotiations between the parties resulted in a stipulation and order that the court entered on January 28, 2020. This stipulated order imposed a duty on the parties to cooperate and collaborate and undertake the necessary steps required to enable the State of California to acquire the portion of the defendant's property that it seeks to obtain. The State contends the defendant has no...

Excerpt: ...rocessed to the court's case management system. On August 10, 2020, Plaintiff's prior motion for leave to complete discovery was granted, in part. The court directed the discovery cutoff would be extended to that based on the current trial date of December 14, 2020 only for the purpose of taking depositions of Defendant, Defendant's experts, and other witnesses as agreed by the parties. Plaintiff informed the court and Defendant's counsel that a ...

Excerpt: ...shall pay all fees and costs required by JAMS to initiate a consumer arbitration proceeding. In his Complaint, Plaintiff asserts he purchased a used motor vehicle and that the seller failed to disclose prior structural damage as a result of which Plaintiff suffered damages. Plaintiff asserts the purchase was made in accordance with a written agreement which contains an arbitration provision. Plaintiff has named as Defendants the seller, sellers b...

Excerpt: ...e court's tentative ruling issued October 23, 2020. Plaintiff's request for consideration of his improperly filed surreply (filed October 15, 2020) is denied. Plaintiff's separately filed request for a statement of decision is denied. Plaintiff seeks reconsideration of this court's ruling made October 26, 2020 sustaining Defendant's demurrer to Plaintiff's Complaint, without leave to amend. No request oral argument having been received, and there...

Excerpt: ...efendant's Motion for Summary Adjudication of Plaintiff's Third Cause of Action for Negligence. (1) On October 30, 2020 the court issued its initial order for a visual inspection of Defendant's property. As part of its order, the court set a further hearing on Plaintiff's motion. There is no additional tentative ruling. The parties are directed to appear prepared to address the status of the preliminary inspection and be prepared to discuss any f...

Excerpt: ... shall pay all fees and costs required by JAMS to initiate a consumer arbitration proceeding. In his Complaint, Plaintiff asserts he purchased a used motor vehicle and that the seller failed to disclose prior structural damage as a result of which Plaintiff suffered damages. Plaintiff asserts the purchase was made in accordance with a written agreement which contains an arbitration provision. Plaintiff has named as Defendants the seller, sellers ...

Excerpt: ...r 29, 2020. The hearing was continued at the request of the parties until after a second round of mediation could be held on November 19, 2020. No documents have been filed in this action since September 24, 2020. Defendant's motion was filed on August 5, 2020. Plaintiff filed opposition on September 16, 2020. Defendant's reply was filed on September 16, 2020. Nothing having been filed as to the status of the parties' mediation efforts, the court...

Excerpt: ...; 3) Negligent Hiring/Retention; 4) Sexual Battery; and 5) Sexual Harassment. Defendant moves for summary judgment/adjudication as to all causes of action. Defendant asks the court to take judicial notice of three documents. The court grants the request as to the March 9, 2019 ruling on Defendant's Motion to Strike and Motion for Judgment on the Pleadings. (Exhibit RJN-A.) The request is denied as to the other documents which are not court record...

Excerpt: ...int. Defendant shall file its answer to the First Amended Complaint within ten (10) days of this ruling. (1) In this action, Plaintiff asserts causes of action for breach of implied warranty, breach of express warranty, and fraudulent inducement – concealment related to his purchase in October 2017 of a new 2017 Cadillac Escalade vehicle. Plaintiff has named as Defendant only the vehicle manufacturer, General Motors, LLC. Plaintiff has not asse...

Excerpt: ...Casca. Plaintiff asserts Casca's vehicle collided with hers causing the asserted injuries and damages. As to demurring Defendant, Plaintiff asserts a single cause of action for fraud and conspiracy. Defendant asserts Plaintiff lacks standing to bring a claim against it and that Defendant is improperly joined in this action. Defendant further asserts Plaintiff has failed to state sufficient facts to establish two required elements of a fraud claim...

Excerpt: ...t an opportunity to file a reply. As of November 18, 2020 no reply documents have been processed to the court's case management system. Plaintiff's Complaint asserts 19 causes of action arising from Defendant's foreclosure of a deed of trust encumbering residential real property commonly known as 13245 Ave. 232, Tulare, CA 93274. Summary judgment is granted when no triable issue exists as to any material fact and the moving party is entitled to j...

Excerpt: ...cuments attached within five court days from the date of this ruling. All dates identified in this ruling shall be extended by five court days except for the hearing date for this present motion and the Order to Show Cause hearing.) Tentative Ruling: Defendant William Petty shall coordinate with plaintiff's counsel a mutually convenient date for Mr. Petty to be deposed that is no later than 25 days from the notice date from this ruling. Mr. Perry...

Excerpt: ...so pay monetary sanctions to defendants' counsel in the amount of $1,260.00 under CCP §2023.030(a) and §2025.450(g)(1) within thirty days from the notice of this ruling. OPERATIVE FACTS This is a Song-Beverly “lemon law” case that arises out of perceived defects that plaintiff James Martino alleges as to a 2012 Dodge Ram that he purchased from the defendants. On April 20, 2020, defense counsel for defendants FCAUS LLC et al. (hereinafter id...

Excerpt: ...was repeatedly assaulted and threatened by Sergeant Ramirez in 2018 and 2019, with the final incident occuring in June 2019. Following this final alleged assault, Ms. Hillan was allegedly threatened with violence by Sergeant Ramirez (an employee of Tulare County Sheriff's Department) if she reported the assault, had been allegedly told by Sergeant Ramirez's employer that she should stay quiet because Sergeant Ramirez would be protected by the she...

Excerpt: ...(Code of Civil Procedure §387) Tentative Ruling: Star Insurance Company's Motion for Leave to File a Complaint-In-Intervention is granted. Intervenor Star Insurance Company shall have ten days' leave to file its complaint-in- intervention in this case. The Court notes from a review of its file for this action that all parties affected by this motion were given timely and proper notice. The Court has not received any response to this motion. This...

Excerpt: ...at Defendant is entitled to recover its reasonable attorneys' fees and costs for bringing its Special Motion to Strike as to these claims. In its prior ruling on September 17, 2020, the court, on the merits, denied Defendant's Special Motion to Strike as to Plaintiffs' claims for breach of contract and for inverse condemnation. The motion as to Plaintiffs' claims for malicious prosecution, abuse of process, and violation of civil rights was made ...

Excerpt: ...'s motion was initially heard on June 25, 2020. The motion as it relates to summary adjudication of Plaintiff's product liability claim (Plaintiff's Second Cause of Action) was continued to August 20, 2020 to enable Plaintiff to conduct discovery related to the elevator in which Plaintiff alleges she suffered injury. The court invited supplemental opposition from Plaintiff and a reply from Defendant. Plaintiff submitted her opposition documents o...

Excerpt: ...ty Act because Plaintiff's vehicle does not fall under the definition of Civil Code 1793.22(e)(2) Defendant asserts the vehicle was purchased for business purposes and asserts the weight of the vehicle exceeds 10,000 lbs. Under these facts, the vehicle would not be subject to the protections of Song-Beverly. Plaintiff disputes the vehicle weight asserted by Defendant. Civil Code 1793.2(e)(2) defines a vehicle covered under Song-Beverly as follows...

Excerpt: ...ction. On May 21, 2020, plaintiff amended his complaint to identify defendant Optimal Health Services as DOE 3. Optimal answered plaintiff's complaint on July 1, 2020. On July 27, 2020, counsel for Optimal learned that plaintiff served Optimal with a Notice of Intention to File Suit on November 15, 2019 that identified Optimal by name and demonstrated that the plaintiff was aware of its identity before filing his complaint. Optimal now seeks leav...

Excerpt: ...d Christian Durkee Only) as Terminating Sanction for Failure to Respond to Discovery Notwithstanding Court Order Tentative Rulings: (1) Defendant Heartland Express Inc. of Iowa's motion for order that requests for admission to plaintiff Henry Jiminez be deemed admitted is granted. The facts and allegations set forth in Requests for Admissions 1 through 12 of defendant Heartland Express Inc. of Iowa's first set of request for admissions to plainti...

Excerpt: ...ted to her purchase in September 2013 of a new 2013 Nissan Sentra vehicle. Plaintiff has named as Defendant only the vehicle manufacturer, Nissan North America, Inc. Plaintiff has not asserted any claims against the selling dealer. Defendant demurs to the Third Cause of Action – for fraudulent inducement/concealment For purposes of a demurrer all properly plead facts and those reasonably arising by implication must be accepted as true. (Couglas...

Excerpt: ... was not required to do anything to further her defense of this action until that time. The court is not persuaded. CCP §473(b) provides that “The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect.” The summons that plaintiff served on Ms. Mayorga u...

Excerpt: ...arty Richard L. Wendt and request for sanctions is granted. Dr. Wendt shall produce the requested records to defendant's counsel no later than 10 days from the notice of this ruling. Dr. Wendt shall also pay sanctions to defendant's counsel in the amount $560.00 no later than 30 days from the date of notice of this ruling All parties were given proper notice of this matter. There has been no response to this motion. Defendant Altura Centers for H...

Excerpt: ...s prepared a motion for judgment on the pleadings. Defendant asserts the motion was filed with the court on September 23, 2020. There is no indication in the court's case management system that the motion was filed. On September 23, 2020, the action was dismissed at Plaintiff's request. Defendant has shown under the circumstances presented he is the prevailing party in this matter and entitled to recover his reasonable attorneys' fees pursuant to...

Excerpt: ...s prepared to sign the form of order and the form of judgment lodged by Plaintiff. This is a credit card collection case. Plaintiff filed its complaint to recover amounts due on March 17, 2020. On April 28, 2020, Defendant filed an answer – a general denial with affirmative defenses. Defendant is represented by an attorney. Plaintiff filed its motion for summary judgment on August 19, 2020. Proof of service in the file indicates notice of the m...

Excerpt: ...ion, the court generally accepts the facts as stated in Mr. Sidharaju's moving papers. This is an action brought by Krishnaswamy Sidharaju for the dissolution of corporate defendant SafeFarms, Inc., the appointment of a receiver, and an accounting of the corporation. Mr. Sidharaju's case is consolidated with an action brought by Angel Carrasco for breach of contract, unjust enrichment, common counts, breach of duty of loyalty, equitable accountin...

Excerpt: ...ol District campus and her mother, assert claims for damages based in negligence, negligent hiring and supervision, and misrepresentation for a pattern of sexual abuse of the minor by a teacher. Defendant demurs to the Third Cause of Action for Misrepresentation and demurs to the complaint generally for failure to state a statutory basis for liability. For purposes of a demurrer all properly plead facts and those reasonably arising by implication...

Excerpt: ...Plaintiffs' First Amended Complaint. Defendant shall file its answer to the First Amended Complaint within ten (10) days of this order. Plaintiffs assert causes of action for wrongful death based on negligence, negligence per se, intentional tort. Plaintiffs also assert claims for punitive damages. Defendant demurs to all causes of action and moves to strike the punitive damages allegations. For purposes of a demurrer all properly plead facts and...

Excerpt: ...er Responses from Maple Place Community Association to Form Interrogatories; (5) Motion for Order Compelling Further Responses from Laura Landeros to Request for Production of Documents; (6) Motion for Order Compelling Further Responses from Maple Place Community Association to Request for Production of Documents Tentative Rulings: (1) Motion for Order Compelling Further Responses from Maple Place Community Association to Form Interrogatories; In...

Excerpt: ...er Responses from Maple Place Community Association to Form Interrogatories; (5) Motion for Order Compelling Further Responses from Laura Landeros to Request for Production of Documents; (6) Motion for Order Compelling Further Responses from Maple Place Community Association to Request for Production of Documents Tentative Rulings: (1) Motion for Order Compelling Further Responses from Maple Place Community Association to Form Interrogatories; In...

Excerpt: ... attorneys' fees was reserved by the parties for determination by the court. Plaintiff seeks fees and costs totaling $46,614.18 including a multiplier of 1.25% (amounting to $8,746.88 of the fees sought). Defendant objects to the amount of fees requested by Plaintiff. Defendant's objections to the Declaration of Elizabeth Quinn are overruled. Defendant's objections to the Declaration of Hallen D. Rosner are overruled. Defendant's objections to th...

Excerpt: ...ies of ECG records was previously determined against Plaintiff in a prior action. (VCU268870.) Defendant asserts Plaintiff's claims are barred under principles of res judicata. Defendant has shown that Plaintiff asserted the same claims for ECG records against Defendant in his prior action. The court's ruling sustaining a demurrer to Plaintiff's complaint in the prior action without leave to amend was sustained by the Fifth District Court of Appe...

Excerpt: ... Sanctions; (3) Defendant Live Star Ambulance Company's Motion to Compel Production of Documents Set One Responses of Plaintiff Letitia Tuggle and Motion for Monetary Sanctions; (4) Defendant Live Star Ambulance Company's Motion to Compel Special Interrogatory Responses Set One of Plaintiff Letitia Tuggle; Motion for Monetary Sanctions; (5) Defendant Live Star Ambulance Company's Motion to Compel Special Interrogatories Responses of Plaintiff Let...

Excerpt: ... demurs to Plaintiff's First Amended Complaint asserting all causes of action are time barred. Although the caption of Defendant's demurrer includes a request for sanctions, the supporting declaration and other moving papers are insufficient to support the request as no amount is stated and no facts are provided to support any sanction amount. The sanction request is, therefore denied, without prejudice. For purposes of a demurrer all properly pl...

Excerpt: ...n of Documents, Set One. Plaintiff shall provide verified written responses, without objection, to the discovery requests within ten (10) days of this order; and (2) To Grant Defendant's Motion to Compel Plaintiff's Responses to Form Interrogatories, Set One. Plaintiff shall provide verified written responses, without objection, to the discovery requests within ten (10) days of this order. As to both motions, Plaintiff shall pay to Defendant the ...

Excerpt: ...efendant's summary judgment motion, the claims in this action are for amounts claimed due for providing emergency services under the Knox-Keene Health Care Service Act of 1975. The claims of both parties are based on specific statutory provisions of the act. That quantum meruit principles are to be utilized in determining the “reasonable and customary value” of the services provided under the act does not take this action out of the statutory...

Excerpt: ...ntiff filed an opposition to the demurrer on October 10, 2020. Defendant filed a reply on October 13, 2020. Plaintiff filed a purported “Reply to Reply” on October 15, 2020. The October 15, 2020 is an improper surreply and will not be considered by the court. (CCP 1005.) Plaintiff filed his amended complaint on September 2, 2020 seeking copies of ECG records under H & S 123110. Defendant asserts Plaintiff's claims are barred under principles ...

Excerpt: .... Plaintiff shall file any amended complaint within ten (10) days of this order. In this action, Plaintiff asserts causes of action for breach of implied warranty, breach of express warranty, and fraudulent inducement – concealment related to their purchase in January 2016 of a new 2016 Chevrolet Silverado 1500 vehicle. Plaintiff has named as Defendants only the vehicle manufacturer, General Motors, LLC. Plaintiff has not asserted any claims ag...

Excerpt: ... Various entities are referenced in Plaintiff's pleading: the National Grange, (the now unchartered) California State Grange, (the newly re-chartered) California State Grange, the California Guild, Elbow Creek Grange No. 733, and Elbow Creek Hall. Plaintiff asserts Defendant has attempted to disassociate itself from Plaintiff and has wrongfully attempted to divert the subject property from Plaintiff. Plaintiff asserts its claims have previously b...

Excerpt: ...rovide waste solids to Plaintiff which complied with a permit issued by the State Water Board. Defendant asserts Plaintiff's claims are time barred for failure to present its Government Claim within one year from the date the claims accrued. Defendant asserts Plaintiff's claims accrued in 2015 which would be time barred. The complaint asserts that although Defendant was unable to provide permit compliant waste solids as required under the contrac...

Excerpt: ...d money paid. The amount due and owing to Discover Bank (as indicated in the allegations in the plaintiff's complaint is $5,800.00. On or about May 1, 2019, defendant Linda L. Green agreed to settle this case for the payment of $5,800.00 to Discovery Bank in monthly installments of $50.00 on the 28 th day of each month (beginning June 28, 2019) until this $5,800.00 was paid in full. The terms of this settlement were memorized in a written “Stip...

Excerpt: ...nt at defendant LPL Financial LLC. On February 14, 2018, Edwyn entered into a Transfer on Death Agreement with LPL that apportioned the LPL account as 40% to Barbara, and 20% each to the Faggarts' children Catherine Albertson and Jarett Faggart. The terms of this account specify that any disputes that arise as to this account would be resolved through arbitration. On February 20, 2020, Edwyn purportedly executed a Durable Power of Attorney (“PO...

Excerpt: ...t all) of Plaintiff's claims which it contends are time barred. Plaintiff's objections to Defendant's evidence numbered 1 through 9 are all overruled. 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 th...

Excerpt: ...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 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 ...

Excerpt: ...san Ventura-Andres without leave to amend. All parties were given proper notice of this motion. There has been no response to this motion. Defendants Request for Judicial Notice is granted only as to the date of filing of the documents identified in defendants' Request for Judicial Notice. Except for minute orders and other orders for this case that appear in the Court's file, and other matters that in the Court's file where Evidence Code §452 a...

Excerpt: ...e to this motion. Plaintiff Alan Joslin was awarded a judgment against defendants on April 24, 2020 in the amount of $122,896.95. Defendants satisfied this judgment on or about May 28, 2020 with an accompanying request that plaintiff's counsel sign and acknowledgement of full satisfaction of judgment as per CCP §724,050(b) within 15 days On July 15, 2020, defendants' counsel wrote to plaintiff's counsel with a demand that plaintiff enter a satis...

Excerpt: ...tion for adjudication hearing is denied. (3) defendant's motion to strike order granting summary judgment dated 9/20/20 and 8/3/20 is denied; (Note: Def also filed a “Motion to Use Personal Electronic Devices” No tentative ruling will be published as per TCSC Local Rule 106 and Cal.R.of Ct. 3.150(d) that prohibit the recordings of court proceedings by electronic devices) (1) Defendant's motion to sanction plaintiff This motion consists only o...

Excerpt: ...sserts Plaintiff executed an enforceable arbitration agreement and seeks to compel Plaintiff to arbitration. Plaintiff argues the arbitration agreement is unenforceable because it is procedurally unconscionable. Plaintiff asserts the agreement was prepared by Defendant, that Plaintiff had no meaningful choice but to sign the agreement, and that it was essentially a “take it or leave it” condition of employment. It is Plaintiff's burden to est...

Excerpt: ...rrer by Defendants Enterprise Rent-A-Car Company of Sacramento, LLC and National Car Rental to Plaintiffs' First Amended Complaint as to all causes of action; and (2) To Grant the Motion by Defendants Enterprise Rent-A-Car Company of Sacramento, LLC and National Car Rental to Strike Punitive Damages Allegations, without leave to amend and to deny the motion as to class allegations. Defendants shall file their answers to the First Amended Complain...

Excerpt: ...s to Plaintiff's claim for penalties under Labor Code 226 as asserted in his Fourth and Fifth Causes of action, without leave to amend; To Grant the motion to strike as to Plaintiff's claim for attorneys' fees in his Fourth and Fifth Causes of Action, with leave to amend; and to Deny the motion to strike as to Plaintiff's claims for punitive damages. Any amended complaint must be filed and served within ten (10) days of this order. Plaintiff, a f...

Excerpt: ...Visalia police officers who are the named party Defendants. The subject of the search warrant was Patrick Fuller. Plaintiff Atabeira Fuller is the spouse of Patrick Fuller. Plaintiff James C. Holland was also a resident at the home of Patrick and Atabeira Fuller, one of the properties searched by Defendants. The claims of Plaintiff Atabeira Fuller were dismissed on January 19, 2020. Defendants' motion relates to the remaining claims asserted by P...

Excerpt: ...aint within (10) days of this order. In this action, Plaintiffs assert causes of action for breach of implied warranty, breach of express warranty, and fraudulent inducement – concealment related to their purchase in December 2015 of a new 2016 GMC Sierra 1500 vehicle. Plaintiffs' have named as Defendant only the vehicle manufacturer, General Motors, LLC. Plaintiffs have not asserted any claims against the selling dealer. Defendant demurs to al...

Excerpt: ...t of a wrongful death and medical negligence claim by the Estate of James Snow Jr. against the Kaweah Delta Health Care District and the physicians who treated the late James Snow Jr. following the implementation of a pacemaker in Mr. Snow. Mrs. Joy Snow (the guardian ad litem for the Estate of James Snow Jr.) contends that defendants negligently prescribed the drug Digoxin for Mr. Snow notwithstanding that this drug was contraindicated following...

Excerpt: ...tatewide Communities Development Authority to Plaintiffs' Complaint as to all causes of action, without leave to amend. If the parties have stipulated to allow an amended complaint to be filed, the court will honor this stipulation. The demurrer and motion were both filed on August 27, 2020. Proof of service in the file indicates notice of both the demurrer and the motion was adequate. As of September 21, 2020, no response to the demurrer or to t...

Excerpt: ...r than thirty days from the date of this ruling. OPERATIVE FACTS On or about December 2. 2019, plaintiff Nationwide Acceptance LLC's counsel filed a default judgment packet with the court. Because of an error entered into the case management system of plaintiff's counsel, a request for dismissal was accidently generated as part of the default judgment packet that plaintiff's counsel filed with the court. Plaintiff now moves the court to vacate th...

Excerpt: ...eath, dependent adult abuse, and violation of the Bane Act (cruel and unusual punishment). Defendant contends the complaint fails to assert compliance with tort claim requirements. (State of California v. Superior Court (2004) 32 Cal.4th 1234.) Defendant also asserts it is immune from liability from Plaintiffs' claims. (Gov't. Code 815, 844.6; Towery v. State of California (2017) 14 Cal.App.5th 226; May v. County of Monterey (1983) 139 Cal.App.3d...

Excerpt: ...wenty days from the notice of this ruling. No monetary sanctions shall be imposed against plaintiff and her counsel because the circumstances that resulted in this motion render the imposition of sanctions unjust. This action arises out of a claim of alleged sexual abuse perpetrated on plaintiff by defendant Bryan Ferriera. The City of Visalia is a defendant in this action because it was the employer of Mr. Ferriera at the time of the sexual abus...

Excerpt: ... purchased from defendant dealer Jim Manning Dodge. Defendants assert the Retail Installment Sales Contract (RISC) executed by Plaintiffs at the time of vehicle purchase contains an enforceable arbitration provision. Defendants assert the provision is applicable to both the dealer and to Defendant FCA US, LLC, the vehicle manufacturer. Plaintiffs have now dismissed the dealer as a party defendant. Plaintiffs assert the arbitration provision appli...

Excerpt: ...a subsequent judgment debtor examination that there was a separate entity named DND Learning, Inc. that debtor Dyer uses to control his assets and keep them from creditors. Plaintiff now seeks to add DND as a defendant-debtor to this action. CCP §187 authorizes a trial court to amend a judgment to add judgment debtors. See Misik v. D'Arco (2011) 197 Cal.App.4 th 1065, 1072. To amend a judgment to add a new defendant-debtor, the plaintiff must co...

Excerpt: ...any response to this MSJ. This MSJ arises out of defendant Juan Velasco's default on a credit card obligation to plaintiff Wells Fargo Bank. Wells Fargo's complaint pleads breach of contract and the common counts of open book account, account stated, money paid money lent to Mr. Velasco by way of purchases and cash advances. A plaintiff moving for summary judgment (MSJ) must make a prima facie showing that there are no triable issues of fact to m...

Excerpt: ...the form of order and the form of judgment lodged by Plaintiff. Proof of service in the file is sufficient to show notice of the motion was adequate. No response to the motion has been filed. On January 14, 2020, Plaintiff filed notice of its motion to deem matters admitted. Defendant failed to respond to the motion. On March 16, 2020, the court entered an order deeming admitted all requests contained in Plaintiff's Request for Admissions, Set On...

Excerpt: ...thin ten (10) days of this order. (1) Defendants demur to Plaintiffs' breach of contract cause of action. Defendants' demurrer to Plaintiffs' prior pleading as to this cause of action was sustained with leave to amend. Defendants assert Plaintiffs have failed to cure the pleading deficiencies. 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 (...

Excerpt: ... for inverse condemnation; continue the hearing on the Special Motion to Strike as to Plaintiffs' malicious prosecution, abuse of process, and violation of civil rights claims to November 19, 2020. Plaintiffs shall file further opposition (limited to the continued issues) by October 8, 2020. Defendant shall file a further reply by November 5, 2020. Plaintiffs' Complaint was filed on March 23, 2020 asserting causes of action for: 1) Malicious Pros...

Excerpt: ...ubject to the conditions stated below. Plaintiff seeks to recover damages for severe injuries suffered in an automobile accident. Defendants/Cross-Complainants move to bifurcate the issue of course and scope of employment from other issues including apportionment of fault, and damages at trial. California courts have approved bifurcation of the course and scope issue. (Wank v. Richman & Garrett (1985) 165 Cal.App.3d 1103.) Whether the driver of t...

Excerpt: ...r summary adjudication as to Defendant Brenda Holly. Plaintiff's motion was filed on June 3, 2020. An opposition to the motion was filed on September 1, 2020. This action involves a family dispute over title to real property commonly known as 304 East Beacon Street, Tulare, California. The property was owned by decedent Emalyne Comfort Franks. Decedent died on March 12, 2018. Plaintiff alleges he is decedent's stepson. Defendant Brenda Holly is d...

Excerpt: ...t. All of Plaintiff's claims relate to amounts claimed due and owing to Plaintiff for providing ag management services to Defendants. Defendants demur to all 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. An exception, however, is that the general rule is limited to those material facts prope...

Excerpt: ...Burton P. Olson. Cross-Defendants shall file their answer to the Cross-Complaint within ten (10) days of this order. As to both the demurrer and the motion to strike: By his Cross-Complaint, Plaintiff and Cross-Complainant Burton P. Olson asserts five causes of action: conversion, waste, unjust enrichment, breach of fiduciary duty, and for accounting. Cross- Defendants demur to all causes of action and move to strike portions of the Cross-Complai...

Excerpt: ...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 his own to make a prima facie showing of the existenc...

Excerpt: ...laintiffs shall provide a full and complete verified response without objections as indicated below within 30 days from the date of the notice of this ruling The Court further orders under CCP §2023.010; §2023.030(a) and §2030.290(c) that plaintiffs shall pay monetary sanctions to defendants' counsel in the amount of $7000.00 within thirty days from the hearing date of this discovery motion. Interrogatory 12.2 calls for the name, contact infor...

Excerpt: ...The court advised Plaintiff's counsel of deficiencies in Plaintiff's motion and continued the hearing to allow Plaintiff an opportunity to submit supplemental declarations to address the problems outlined by the court. Plaintiff filed supplemental declarations on August 17, 2020. The court preliminarily approved the gross settlement amount of $300,000.00. Distribution provisions of the settlement have been revised such that class members will rec...

Excerpt: ...mount due and owing to Hartford (as indicated in the allegations in the plaintiff's complaint) is $5,197.06 plus accrued interest. On or about July 18, 2019, defendant Soria agreed to settle this case for the payment of $5,422.06 to Hartford in monthly installments of $150.00 on the 3rd day of each month (beginning August 3, 2019) until this $5,422.06 was paid in full. The terms of this settlement were memorialized in a “Stipulation for Entry o...

Excerpt: ...) case brought by Defendant in the federal court. By order of the federal district court issued on February 5, 2019, Plaintiff was found responsible for 50% of future cleanup costs. The order remains in full force and effect. Plaintiff's Complaint here was filed on November 25, 2019. Defendant removed this case to the federal district court on December 30, 2019. On May 19, 2020, the federal district court issued its order (by the same judge who i...

Excerpt: ...application for a fee waiver because her counsel Barry Fischer agreed to pay the necessary filing fees. Because of the outbreak of the COVID-19 pandemic in late March, 2020, the City of Beverly Hills ordered all non-essential business (including the Law Office of Barry Fischer) closed. Mr. Fischer was replaced as plaintiff's attorney of record by attorney Behrouz Shafie, on or about April 14, 2020. Attorney Shafie filed the formal Substitution of...

Excerpt: ...tions to resolve the issues raised in these discovery motions. At the hearing for this motion, the court will inquire as to the efforts undertaken by the parties to meet and confer since this tentative ruling was published before a final ruling will be issued. If unable to resolve, the court recommends and encourages that the parties appear by CourtCall or other telephonic means so as to minimize their contact with the court, its staff, and oppos...