Excerpt: ...e), as set forth below; and (3) to extend the deadline for plaintiffs to respond to written discovery, with a limited-purpose extension of the discovery and discovery motion hearing cutoff dates to accommodate the requested extension without undue prejudice to Bell Carter. After multiple demurrers, this action by California olive grower plaintiffs has been narrowed to a single fraudulent concealment claim against Bell Carter. The order on the las...

Excerpt: ...he light turned green, proceeded into the intersection. (Declaration of Chun '13.) Plaintiff further alleged that as he entered the intersection, his vehicle collided with Defendant's vehicle. (Declaration of Chun 93.) Plaintiff alleged that Defendant negligently drove through a red signal, causing the collisions and that this negligence was a substantial factor in causing Plaintiff's injuries. (Declaration of Chun 93.) At trial, the jury found t...

Excerpt: ...3, Plaintiff Starnet Insurance sued a number of Defendants in a complaint in subrogation for property damages. Relevant here to this demurrer, Plaintiff sued moving party Defendant CPM Wolverine Proctor for strict products liability, negligence, gross negligence, breach of contract and negligent misrepresentation. This complaint arises out of fire on January 18, 2021 allegedly caused by a Wolverine Proctor Roaster, sold by Defendant CPM pursuant ...

Excerpt: ... Plaintiff's autographed Lebron James rookie card at auction in exchange for Defendant collecting 10% commission. It was alleged that the card was sold at auction for $22,000, entitling Defendant to keep $2,200 in commission. Defendant is alleged to have kept $2,200 from the sale and provided only $5,000 to Plaintiff, promising the remainder of the funds in the future. Plaintiff alleges that Defendant has paid none of the amount owed except the i...

Excerpt: ... Apt. A, Visalia, CA 93277 ("Subject Property." ) (Complaint 93.) This is a three-day notice to pay rent or quit matter. (Complaint 99.) The Court notes a proof of service as to personal service on Defendant Lewis occurring on March 16, 2023 completed by a registered process serve. On April 24, 2023, the Court entered default and default judgment. On May 18, 2023, the writ of possession was issued. On June 27, 2023, Defendant Lewis filed this ex ...

Excerpt: ...nalysis - Motion for Summary Judgment In reviewing a motion for summary judgment, courts must apply a three-step analysis: "(1) identify the issues framed by the pleadings; (2) determine whether the moving party has negated the opponent's claims; and (3) determine whether the opposition has demonstrated the existence of a triable, material factual issue." (Hinesley v. Oakshade Town Center (2005) 135 Cal.App.4th 289, 294.) "[T]he initial burden is...

Excerpt: ...hild and heir of Decedent. Kaweah notes that neither Green nor Cochran are parties to this action. No opposition was filed as to this motion. Authority and Analysis California Code of Civil Procedure section 389, subdivision (a) states: "[a] person who is subject to service of process and whose joinder will not deprive the court of jurisdiction cwer the subject matter of the action shall be joined as a party in the action if (1) in his absence co...

Excerpt: ... duly appointed, qualified, and acting personal representative of the estate of Decedent. (Complaint 92.) On September 12, 2022, Plaintiff filed a claim based on the above alleged breach of contract with the Decedent's estate. (Complaint 93.) On October 25, 2022, Defendant rejected the claim, filed the rejection with the clerk of the court in the above-mentioned estate proceeding, and served plaintiff with written notice of the rejection via mail...

Excerpt: ...s Labor Code violations as well as for enforcement of Labor Code section 2698 or PAGA against Defendant National Diversified Sales, Inc. Defendant, on March 21, 2023, filed an answer containing an affirmative defense as to arbitration. Defendant now moves the Court to compel arbitration as to Plaintiff's operative amended complaint. In response, Plaintiff indicates consent to arbitrate the individual PAGA claim, but seeks to stay this achon as to...

Excerpt: ...at canal for maintenance and repair as to Plaintiff BiRite's properties. (SAC 92, 7.) Prior litigation between the parties has resulted in a 2013 Judgment and a 2018 Judgment which provide express conditions upon which PVCC and its employees may enter BiRite's properties and the acts that may be performed on the properties at issue. The Court notes that Second Amended Complaint alleges violations of these express conditions by Defendant PVCC and ...

Excerpt: ...ator; to contnue the motion to July 11, 2023, Department 7, 8:30 am. 1. Sufficiency of Amount of Settlement (Proposed Net Estimated: $131,065.05) The gross settlement amount is $265,000. Plaintiff estimates approximately 95 proposed Class Members, providing an estimated average payout of $1,369.73 per member. Plaintiff further estimates approximately 32 Aggrieved Employees. The Class Members consist of all non-exempt employees who are currently o...

Excerpt: ...chard Cregor, effectuated substitute service and mailing on December 14, 2022 on Defendant. On February 28, 2023, this Court entered default as to Defendant. On April 12, 2023, Defendant filed this motion for relief from entry of default. In support, Defendant declares that he has had approximately seven foot surgeries over the past year and has not been as attentive to his business, including the underlying facts of this case as it relates to pa...

Excerpt: ...mpel arbitration as to Plaintiff's claims. On September 21, 2022, based upon recent authority in Viking River Cruises, Inc. v. Moriana (2022) 142 S.Ct. 1906, the Court compelled arbitration of the "individual" PAGA claim and stayed the civil action as to the "representative" PAGA claim pending California Supreme Court's pending review in Adolph v. Uber Technologies, S274671, 2022 Cal. LEXIS 5021. On February 28, 2022, Plaintiff submitted a demand...

Excerpt: ...roperty. A three-day notice to quit ("Three-Day Notice") was served February 22, 2023 indicating a breach of the lease as to maintenance of the property in a condition safe to self-wherein the pest control service deemed the defendants "unclean and cause of roach infestation." Additionally, Plaintiff, apparently on the same day, served a sixty-day notice to terminate the rental contract based on uncleanliness of tenant leading to the roach infest...

Excerpt: ...posed Net Estimated: The gross settlement amount is $ $250ßW. Plaintiff estimates approximately 280 proposed Class Members, providing an estimated average payout of $400 per member. The Class Members consist of all persons currently or formerly employed by CT Commodities as non- exempt employees in the State of California at any time from January 29, 2017 to August 27, 2022. Plaintiff alleged causes of action for: (1) Inaccurate Wage Statements ...

Excerpt: ...Also on April 28, 2023, Defendants filed this motion to amend the answer to add defenses of statute of limitations and comparative fault of third parties. No opposition was filed to this motion. Authority and Analysis The Court may, in furtherance of justice, and on such terms as may be proper, allow a party to amend any pleading. (Code Civ. Proc., SS 473, 575.) Judicial policy favors resolution of all disputed matters between the parties and, th...

Excerpt: ... after falling over in his wheelchair on the basis of dangerous condition on public property, premises liability, negligence and other causes of action against Defendants City of Tulare and CRD Construction. The City cross-complained against Todd Holmes and CRD Construction. CRD in turn cross-complained as to Holmes Properties, LLC and Taylor Cement ("Taylor"). Relevant to this demurrer, Holmes Properties LLC then cross-complained against Taylor ...

Excerpt: ...emurring defendants, with leave to amend in accordance with the discussion below. Introduction Two of several defendants, the California Municipal Finance Authority (CMFA) and FortiFi, demurrer to plaintiff Raquel Cardenas-Mariscal's complaint alleging fraud in connection with a residential solar panel system transaction. Background Cardenas identifies herself as a 61-year-old Spanish-speaking woman, with a third-grade education level and with no...

Excerpt: ...ts as to the managing agent issue. The motion to strike the amended complaint of Plaintiff as to pun-tive damages arises as a result of the Court's ruling on the motion to strike portions of the initial complaint. In the Court's March 14, 2023 ruling, it found that: "Plaintiff sufficiently alleges oppression. Oppression is defined above and Plaintiff alleges that Defendants knew that the room assigned to Plaintiff was infested with bed bugs prior...

Excerpt: ... evidence at the hearing. (2) To overrule the demurrer; Defendant Ivonne Figueroa shall have five (5) days to file an answer; Facts Common to (1) and (2) This unlawful detainer matter involves property located at 139 E Ferguson Ave., Visalia, CA 93291 (the "Subject Property." ) Plaintiff alleges it purchased the property at a Trustee's Sale held October 4, 2022. (Complaint 94). Plaintiff alleges it has duly recorded the Trustee's Deed upon Sale a...

Excerpt: ...take place no later than thirty (30) days from notice of this ruling; Plaintiffs to give notice. Plaintiffs have sued Defendants Jesus Renteria dba Jesse's Auto Sales ("Dealer" or "Seller"), Westlake Services, LLC dba Westlake Financial Services ('Assignee" or "Holder") for violations of the Consumer Legal Remedies Act, Business and Professions Code section 17200, and under Code of Civil Procedure sections 1281.97 and 1281.99 involving the purcha...

Excerpt: ...property damage to a vehicle insured by Plaintiff State Farm Mutual Automobile Insurance Company. Plaintiff filed its Complaint in this Court in 2010, alleging that as a direct and proximate result of the negligence of Defendant, damages resulted to Plaintiff's insured's vehicle. Plaintiff, under the policy, paid to its insured the sum of and became subrogated to that amount. Judgment was entered May 6, 2013 in favor of Plaintiff against Defendan...

Excerpt: ...filed its fourth amended complaint alleging causes of action for fraud, conspiracy, breach of contract and unfair competition against Defendant Rangel, amongst others. Plaintiff, on December 29, 2022, served Supplemental Interrogatories Set No. 1 and Supplemental Requests for Production of Documents, Set No. 1 on Defendant Rangel. Responses were due no later than February 7, 2023. As of the date of this motion, no responses have been received. Au...

Excerpt: ...he motion for the stay up to 40 days dependent upon the prepayment of per diem rent. In this unlawful detainer matter, the Court held trial and entered judgment in favor of Plaintiff on May 24, 2023 for possession only. On May 25, 2023, the Court issued the writ of possession. On June 1, 2023, Defendants Santiago Escarsega and Anna Marie Escarsega filed this ex parte motion to stay execution of the writ. The motion indicates that Defendants need ...

Excerpt: ...dant Mathew Gisler, on a of theories including breach of contract, unjust enrichment, account stated and book account for failure to perform certain services promised to Plaintiff and its clients. Defendant filed a cross- complaint for breach of contract and breach of implied covenant. On or December 27, 2022, Plaintiff filed a notice of conditional settlement with an expected dismissal of March 27, 2023. The Court notes this case has not been di...