Excerpt: ...ctions. Plaintiff's action is to recover amounts allegedly overpaid to Defendant for leave benefits between January 2016 through June 2017. Overpayments were allegedly made due to an error by Plaintiff's employees which was not discovered for 18 months. Plaintiff asserts the overpayments over the period of 18 months total $49,332.46. Summary judgment is granted when no triable issue exists as to any material fact and the moving party is entitled ...

Excerpt: ...ability 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 on August 7, 2020. Defendant's reply was filed on August 14, 2020. It appears Plaintiff's inspection of the subject elevato...

Excerpt: ...e is the amount of those fees. The court determines the amount of “reasonable” attorney fees utilizing the “loadstar- adjustment” method. The court calculates the loadstar which is the number of hours reasonably spent multiplied by the reasonable hourly rate. (Serrano v. Priest (Serrano III) (1977) 20 Cal.3d 25, 48.) The loadstar amount can be adjusted based on factors such as contingent risk, novelty and complexity of the case, and resul...

Excerpt: ...rmination, and declaratory relief. Defendant's summary judgment motion was filed on February 27, 2020 and originally noticed for hearing on May 12, 2020. Pursuant to emergency orders, the hearing was continued to July 15, 2020. Plaintiff, without the assistance of counsel, filed a response to the summary judgment motion on May 5, 2020. There is no indication that the opposition was served on Defendant. On May 28, 2020, Plaintiff was again represe...

Excerpt: ...ts alleged by Plaintiff in its Complaint. Defendant asserts it had no interaction with Plaintiff and that it cannot be held vicariously liable for torts occurring before its formation. Bor-Go offices are in Nevada. It is in the business of providing software to companies to process payroll. Bor-Go does business with California companies pursuant to service agreements which authorize companies to access Bor-Go's service. The service agreements con...

Excerpt: ...re in addition to the general damages awarded in the court's ruling on Motion for Summary Judgment filed July 1, 2020. This court granted Plaintiff's Motion for Summary Judgment and set this matter for further hearing to determine exemplary damages. Plaintiff filed his memorandum of costs, a declaration in support of the request for attorneys' fees, and points and authorities in support of his request for exemplary damages. All documents were ser...

Excerpt: ...endant Heartland Express, Inc. of Iowa's Motion to Compel Plaintiff Henry Jimenez's Responses to Defendant's Special Interrogatories, Set One; Request for Monetary Sanctions Tentative Rulings: (1) To grant defendant Heartland Express, Inc. of Iowa's motion to compel plaintiff Henry Jimenez's responses to defendant's special interrogatories, set one; (2) To grant defendant Heartland Express, Inc. of Iowa's motion to compel statement of compliance ...

Excerpt: ...30 days from the notice of this ruling. Mr. Olson shall also be afforded the option under Judicial Council Emergency Rule 11(a) to provide deposition testimony at a remote location from the deposition site by whatever means is available and acceptable to Mr. Olson. Counsel for the parties shall negotiate and determine an acceptable manner for plaintiff's deposition testimony to be recorded within minimum contact between Mr. Olson, respective coun...

Excerpt: .... These motions arise out of a settlement agreement between the parties that called for the defendant to pay to the plaintiff the amount of $47,500.00 with 10% interest per annum in monthly payments from February 24, 2020 through July 24, 2020. This settlement agreement reserved the right to plaintiff to seek a judgment under CCP §664.6 in the event of default. To date, defendant has paid only the February payment, leaving a balance due of $40,4...

Excerpt: ...ctices. These causes of action arise out of plaintiff Bryce Ramay's employment with defendants WPI Water Resources, Inc., Water Well Specialties, Inc. Defendants contend that the working conditions at their workplace are governed by an “Employee Handbook” that new employees are required to sign at the commencement of their employment. This “employee handbook” contains a clause that states that employees waive their right to a jury trial a...

Excerpt: ...ross-Complainant Kaiser Foundation Health Plan, Inc.'s (“Kaiser”) first and only cause of action to its Cross-Complaint. The cause of action is for Unjust Enrichment/Restitution. Kaweah Delta asserts the claim fails for failure to comply with the requirements of the Government Claims Act. (Gov't. Code 900 et seq.) Kaweah Delta previously demurred to the Cross-Complaint. The demurrer was overruled. No contention regarding the claims act was ra...

Excerpt: ...nesses that plaintiff or defendant elect to take. The new discovery cutoff date shall be based on the current trial date of December 14, 2020 as per CCP §2024.010 et seq. No sanctions shall be imposed against defendant Oscar Berriozabal or his attorney of record. This case arises out of a January 30, 2018 traffic collision where plaintiff contends that she was rear- ended by the defendant at a speed that plaintiff contends to be approximately 65...

Excerpt: ...Co.'s to provide further responses to defendant's first set of form interrogatories. Defendant's motion is denied as procedurally defective. California Rule of Court 3.1345(a) mandates that “Any motion involving the content of a discovery request or the responses to such a request must be accompanied by a separate statement. The motions that require a separate statement include a motion: … (2) To compel further responses to interrogatories; (...

Excerpt: ... December 19, 2019 as document number 2019-0074835 is expunged. Plaintiff's Complaint in this action, filed December 17, 2019, asserts 19 causes of action challenging Defendants' non-judicial foreclosure proceedings against residential property commonly known as 13245 Ave. 232, Tulare, Ca. Plaintiff purchased the property from Defendants on December 15, 2015. Defendants financed Plaintiff's purchase with a note secured by a deed of trust in the a...

Excerpt: ...epresented since that time. Proof of service in the file indicates notice of the motion was adequate. Defendant has not filed a response to the motion. Plaintiff seeks to amend to add three new party Defendants. Plaintiff's moving papers are sufficient to show that Plaintiff was made aware of the three new Defendants only after receiving discovery responses from Defendant Whitney Mitchell. The new Defendants claim an interest in the real property...

Excerpt: ...aintiffs have failed to state facts sufficient to meet the particularity requirements for pleading negligence against a public agency. (Susman v. City of Los Angeles (1969) 269 Cal.App.2d 803, 809.) When read as a whole, the allegations of Plaintiffs' pleading are sufficient to support a negligence claim resulting from a dangerous condition to property. (Government Code 830.8 and 835.) This action involves a fatal motor vehicle accident. Plaintif...

Excerpt: ...ing for work and submitted job applications to Bath and Body Works, Tilly's Volcom, and Zumie's (See Exhibit “A” to the declaration of Sung “Sean” Kim, at p. 28, line 17 –page 29 line 26, etc.) The attorney representing Mr. Moreno (Sung “Sean” Kim) had only recently joined the law firm representing the plaintiff when he was assigned to prepare the plaintiff's case. When Mr. Kim was assigned the plaintiff's case, he was not aware of ...

Excerpt: ...ice is denied. Plaintiff's objections to the declaration of Ware Kuschner, M.D. are overruled. This is a medical malpractice action. Defendant submits 26 material facts in support if its summary judgment motion asserting Defendant met the applicable standard of care with regard to Defendant's treatment of Plaintiff's decedent. Defendant asserts Plaintiff's action must be dismissed for failure to comply with the requirements of the Government Tort...

Excerpt: ...o Deny the Motion by Plaintiffs to advance the class certification hearing date. Defendant's objections to the Declaration of Daniel Kopfman are overruled. Defendant has sought and obtained over 100 settlement and release documents from its current and former employees. In addition, Defendant has sought and obtained over 100 declarations from its current and former employees which are prepared by Defendant's counsel, are essentially identical and...

Excerpt: ...act and negligence claims. Plaintiff also seeks to add a claim for punitive damages. The new claims are against Defendants Choice Drilling, Inc. and its president, Sean Pichinson. Defendants oppose the motion. Defendants assert that the Plaintiff's claim that amendment is needed due to “new information” is false. Defendant contends Plaintiff had all information relied on to support its fraud claims prior to filing this action. Defendants furt...

Excerpt: ...s. There has been no response to this petition. This action arose when respondents Juicers, LLC and Michael Washington agreed to indemnify and hold harmless Ms. Deering from all liabilities of Juicers, LLC. Respondents failed and refused to pay FreshKO Services, Inc., a creditor of Juicers, LLC, the sum of $13,125.08 due and owed to FreshKO This resulted in Ms. Deering having to personally pay the $13,125.08 due and owed to FreshKO. The parties a...

Excerpt: ...Michelle Elizabeth Barnett, Deceased and to Deny the request for Leave to File an Amended Complaint; (2) To Deny the Motion by Defendant Carl Kunkel to Stay Entire Action. (1) Plaintiff asserts named Defendant Michelle Elizabeth Barnett died after this litigation was commenced. Plaintiff seeks to add decedent's husband Curtis Barnett, Jr. as a party defendant as the successor in interest to the decedent. Plaintiff's motion seeks to improperly ren...

Excerpt: ... action where cross-complainant Smee Builders, Inc. has agreed to accept the sum of $58.400.00 from cross-defendant Campbell Painters, Inc. in exchange for a release of all claims arising out of Campbell's work on the properties at issue in this action. CCP § 877.6 affords the court with the discretion to determine whether a settlement reached by opposing parties in litigation is in good faith such that it is "within the reasonable degree of the...

Excerpt: ...s ruling This case is an action for breach of contract, waste, and injunctive relief action arising out of real property lease between plaintiffs Justin and Janette Tarbell and Joshua and Jami Jump. This case was the subject of a bench trial on March 9 and 10, 2020. On May 4, 2020, the court found the Tarbells to be the prevailing party and awarded them damages in the amount of $1,710.00. The Tarbells now move this court to recover costs in the a...

Excerpt: ...action involves a dispute over real property. Plaintiff asserts that in 2007 he entered into an oral agreement with Defendant “to combine their efforts, evenly divide all living expenses and household bills and share equities in any and all properties acquired, or accumulated, by the parties, either of them, as a result of their joint, or individual, efforts.” (sic) (Complaint, paragraph 4.) Plaintiff further alleges that in 2014 he and Defen...

Excerpt: ...nse to this motion. This is a construction defect action where cross-complainants Wathen Castanos Hybrid Homes, Inc., and Wathen-Castanos have agreed to accept the sum of $4,750.00 from cross-defendant Ladell, Inc. dba Johnson Air in exchange for a release of all claims arising out of Ladell's work on the properties at issue in this action. CCP § 877.6 affords the court with the discretion to determine whether a settlement reached by opposing pa...

Excerpt: ...eived 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 fac...

Excerpt: ...as been no response to this motion. This motion involves the sum of $14,000.00 that was seized from a gun safe at claimant Noberto Chavez's residence at 4753 Avenue 232, Apt. “B” Tulare, California. This property was the subject of a Notice of Forfeiture of Property Pursuant to Health and Safety Code §11469 et seq. that the Tulare County Distruct Attorney served on Mr. Chavez on August 1, 2019. Mr. Chavez answered the DA's Notice of Forfeitu...

Excerpt: ...of Non- Opposition to defendant's motion to stay civil proceeding” Plaintiff was injured in a motor vehicle accident while traveling as a passenger in an automobile driven by defendant Deena Faye Clark. The investigation of the responding police officer resulted in Ms. Clark being arrested and charged with driving under the influence of alcohol. A misdemeanor complaint was filed against Ms. Clark for a violation of Vehicle Code §23152(a) that ...

Excerpt: ...rds. See Warrick v. Superior Ct. (City of Los Angeles) (2005) 35 Cal.4th 55, 59-60 The party seeking the disclosure of peace officer personnel records must first file a Pitchess motion that identifies the peace officer, the agency in possession of the records, a description of the records, who is seeking the records, and the date and time for the hearing on this Pitchess motion. See Evidence Code §1043(b). and Penal Code §832.7. This Pitchess m...

Excerpt: ...ant's counsel, i.e., the failure of the secretary of defendant's counsel to post the jury fees as instructed by defendant's counsel. Defendant's counsel testified to this administrative error in his declaration filed in support of this present motion. Generally, the grounds upon which relief from the waiver of a jury trial are committed to the sound discretion of the trial court. But the right to a jury trial is constitutional in nature, and thus...

Excerpt: ... December 11, 2018. On February 21, 2020, the court granted Plaintiff's motion to amend its complaint. The First Amended Complaint was filed on March 10, 2020. Due in part to the amended pleading, the previously scheduled trial date was vacated. No date for trial is currently scheduled. The parties are to appear for a case management conference on the same day as the hearing on these motions – July 23, 2020. In its amended complaint Plaintiff a...

Excerpt: ...nd Unfair Business Practices. These causes of action arise out of plaintiff Bryce Ramay's employment with defendants WPI Water Resources, Inc., Water Well Specialties, Inc. Plaintiff contends that defendant Amanda Gail Jensen is the alter-ego of both of the other defendants. Plaintiff contends that while employed by the defendants as a water rig employee he was routinely forced to work days up to 16+ hours without adequate overtime pay. Plaintiff...

Excerpt: ...of form interrogatories and defendant's second inspection demand. These responses shall be served on defendant's counsel no later than thirty days from the notice of this ruling (2) To grant defendant Altura Centers for Health's motion for mental examination. Counsel for the parties and the plaintiff shall coordinate a time and place for plaintiff to undergo a mental examination by the psychologist identified in defendant's moving papers. The pla...

Excerpt: ...n off-calendar if any party to this arbitration files a motion to confirm, vacate, modify, or correct an arbitration award before the hearing date for this OSC. All parties were properly served with this petition. Plaintiff MAC General Engineering, Inc. has filed a “Notice of Non-Opposition to Compel Arbitration' with the court. Here, the parties presumably agree that MAC's claims fall within the scope of the provisions of the “Subcontract Ag...

Excerpt: ...ccount, money lent, and money paid. The amount due and owing to Capital One Bank (as indicated in the allegations in the plaintiff's complaint is $2,200.00 On or about September 27, December 20, 2018, defendant Craig J Weisenborn agreed to settle this case for the payment of $2,200.00 to Capital One Bank in monthly installments of $150.00 on the 12th day of each month (beginning October 12, 2018) until this $2,200.00 was paid in full with a final...

Excerpt: ...t project. Plaintiffs in both actions are represented by the same attorneys. The same law firm represents Defendant in both actions. Defendant asserts the cases are in very different stages of litigation and that consolidation will prejudice Defendant. In the Saesee action, the court entered a Case Management Order on December 19, 2019. Pursuant to the order, a special master is overseeing the action which currently involves 18 homes. Defendant a...

Excerpt: ...netary Sanctions in the Sum of $1,355.00 against Plaintiff and Her Counsel of Record Raymond Ghermezian APLC (3) Defendant Rodolfo Elizalde Jr.'s Motion for an Order Deeming the Truth of Admissions; Request for Monetary Sanctions in the Sum of $1,540.00 against Plaintiff and Her Counsel of Record Raymond Ghermezian APLC (4) Defendant Rodolfo Elizalde Jr.'s Motion to Compel Plaintiff's Verified Responses to Demand for Production Set One and Produc...

Excerpt: ... construed. It is Defendant's burden to prove an employee is exempt. In its opposition, Defendant asserts its drivers engage in interstate commerce because they may operate outside of California. Defendant provides no evidence that any of its drivers have operated outside of California. “[U]nder California law, exemptions from statutory mandatory overtime provisions are narrowly construed.” (Ramirez, supra, 20 Cal.4th at p. 794.) They are app...

Excerpt: ...r notice of this motion. There has been no response to this motion OPERATIVE FACTS Plaintiff's complaint alleges causes of action for Financial Elder Abuse, Fraud, Conversion, Constructive Trust, and Probate Code §850. Plaintiff John C. Hart (John) is the Conservator of the Estate of James Guinn Hart. (James) Sometime in 2014, James suffered a stroke to the extent that he suffered from slurred speech and unable to walk. This stroke also diminish...

Excerpt: ...o the request for attorneys' fees in Plaintiff's Fifth Cause of Action; and to grant the motion as to Plaintiff's request for treble damages under CCP 340.1(b)(1). Plaintiff's Request for Judicial Notice is denied as to requests numbered 1 through 4 and granted as to request number 5. (1) For purposes of assessing the sufficiency of the demurrer, we assume the truth of all well-pleaded facts. (Blank v. Kirwan (1985) 39 Cal. 3d 311, 318.) We also ...

Excerpt: ...st Cause of Action); and (3) to continue the hearing on the alternative motion as to Plaintiff's claims for product liability (Plaintiff's Second Cause of Action) to August 20, 2020 at 8:30 a.m. in Department 1. In the event oral argument is requested, CourtCall Appearances are permitted. Plaintiff alleges she suffered injury on or about April 15, 2017 as a result of an elevator malfunction. At the time of the accident, Plaintiff was an employee ...

Excerpt: ...of filing for the plaintiff's complaint, and first, second, and third amended complaints for this present action. Except for orders from the Court that appear in the Court's file for this case, the Court cannot take judicial notice as to the contents of documents in the Court's file for this action as the contents of these documents constitute inadmissible hearsay. See Day v. Sharp (1975) 50 Cal.App.3d 904, 914; Fremont Indemnity Co. v. Fremont G...

Excerpt: ...noticed for hearing on April 16, 2020. The hearing was continued by the court pursuant to emergency orders to June 18, 2020. Prior to preliminary approval, the court is required to make a merits evaluation of the settlement terms. (Kullar v. Foot Locker Retail, Inc. (2008) 168 Cal.App4th 116, 129. 1. Sufficiency of Amount of Settlement Plaintiffs have submitted information including an explanation that damage estimates utilized by Plaintiffs in c...

Excerpt: ...endants' motion was filed April 22, 2020 while emergency orders were in place. Proof of service in the file indicates notice of the motion was adequate. No substantive response to the motion has been filed. On June 12, 2020 plaintiff filed an “opposition” that simply stated she wished to be heard on this matter. The court will accept this response as a request for oral argument. Defendants seek summary judgment or summary adjudication as to f...

Excerpt: ...r 17, 2019 and originally noticed for hearing on March 5, 2020. Hearing on the motion was continued by stipulation of the parties to June 11, 2020. Defendants' seek summary adjudication of Plaintiff's negligent hiring, training, supervision and entrustment claims asserted within the Second Cause of Action to Plaintiff's Complaint. Plaintiff opposes the motion. Plaintiff's evidentiary objections to portions of deposition transcripts numbered 1 thr...

Excerpt: ...lerk of the court within ten days from the notice of these motions. Plaintiff is having two motions heard on this date and has only paid one filing fee. Proper notice was given to the defendant at the address stated in his answer to the plaintiff's complaint. There has been no response to these motions. Plaintiff's motion is denied because it is procedurally defective. California Rule of Court 3.1345(a) mandates in relevant part that “Any motio...

Excerpt: ... admissible under CCP 2025.620. Grievance hearing testimony of Gary Kupfer, Mary Ann Cantu or Maggie Pruneda is not admissible under CCP 2025.620. The Position Statement by County of Tulare at the prior grievance hearing is not admissible under CCP 2025.620. Plaintiff seeks to utilize at trial eleven (11) of Defendants' videotaped depositions and/or prior sworn testimony (transcripts and/or audio recordings) from a grievance hearing in lieu of ca...

Excerpt: ...f Business Records of Wood Rogers; (2) To grant plaintiff City of Corcoran's Motion to Quash Deposition Subpoena for Production of Business Records of Jean E. Moran Jean E. Moran and Wood Rogers are consultants that plaintiff City of Corcoran retained to evaluate the nature and extent that the defendants contaminated the City's drinking wells. The deadline for the parties to designate their retained experts has not yet arisen and as such there ha...

Excerpt: ...Compel Plaintiff to Appear for Further Deposition and to order Plaintiff to appear for further deposition at a date, time, and location agreed to by the parties. Plaintiff shall pay to Defendant the sum of $500.00 as a monetary sanction. Sanctions are payable within ten (10) days of this order. (1) Plaintiff's motion was noticed for hearing on March 26, 2020. The motion was continued by the court pursuant to emergency orders to June 2, 2020. Proo...

Excerpt: ... for strict liability, negligence, and breach of warranty (Plaintiff's FAC) related to Defendant's manufacture of the trailer. Defendant asserts Plaintiff was injured while working as an employee of an ag labor contractor and as a “special employee” of Defendant harvesting pistachios. The farm labor contractor made Plaintiff available for work with Defendant. Defendant asserts it is entitled to summary judgment as workers' compensation is the...

Excerpt: ...and (2) to Deny Defendants' Motion to Strike Plaintiff's Pleadings as moot and to Deny Defendant's Motion to Dismiss the Action. (1) Plaintiff has filed a number of amended pleadings. Defendants Demur to the operative First Amended Complaint filed November 18, 2019. Plaintiff purports to assert nine causes of action. All are only stated by their title (i.e. “Fraudulent Conveyance, Fraud, etc.”) in the judicial council form complaint. Plaintif...

Excerpt: ...is case involves the disposition of real property owned by a dissolved partnership that consisted of the plaintiff and defendants. During the course of negotiations to either partition this property or for plaintiff to sell his interest in this property to the defendants, the parties raised the possibility of resolving this case through mediation. Plaintiff's counsel wrote to the defendant's counsel on January 14, 2020 to confirm that the possibi...

Excerpt: ...t, Inc. shall pay to plaintiff's counsel the amount of $2,010.00 within twenty days from the notice of this ruling. The court also directs defendant Porterville Convalescent, Inc. to appear at an order to show cause re: contempt for the failure to comply with this court's January 13, 2020 order on June 11, 2020 at 8:30 am in Department 2 of this Court. All parties have been given proper notice of this matter. There has been no response to this mo...

Excerpt: ... ruling. This matter involves a civil subpoena served on the employer of one of the parties to an unmarried cohabitation between the parties that ran from April 1979 until May of 2018. In this action, plaintiff Alicia Moreles asserts a right to one-half of the properties accumulated during their relationship and support in the monthly amount of $1,500.00 The subject of this subpoena is for all employment records from defendant's employer Blain Fa...

Excerpt: ...tes 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. CCP §387(b) allows a party who has an interest in a litigated action to intervene in that action, because “The purpose of the statute is to protect the interests of persons affected by a judgment, to obviate delay, and to avoid multiplicity of actions.” See Deutsch...

Excerpt: ...h the court) sufficiently complies with the court's order that the plaintiff post a $5,000.00 undertaking with the court. See CCP 995.710(a)(1). This check was deposited with the court on February 27, 2020 – the same day that defendant filed its motion to dismiss. As to whether plaintiff's case should be dismissed for failure to post a bond within the 30-day period identified in CCP §1030(d), the court finds that Hertz v. Superior Ct. (1917) 3...

Excerpt: ...omplaint. Defendants' demurrer to plaintiffs' third cause of action is overruled. OPERATIVE FACTS Plaintiff Andrew Border is a sound engineer who does business as plaintiff ASB Soundworks, LLC. Up to and through October of 2019, plaintiffs provided sound equipment and engineering services for the Fox Theatre in Visalia. Defendant Escobedo became the manager of the Fox Theatre in 2019. In 2016, the Board of Directors at the Fox approved the plaint...

Excerpt: ... of the demurrer was adequate. No response to the demurrer has been filed. For purposes of assessing the sufficiency of the demurrer, the court assumes the truth of all well- pleaded facts. (Blank v. Kirwan (1985) 39 Cal. 3d 311, 318.) Also accepted as true are all facts that may be implied or inferred from those alleged. (Marshall v. Gibson, Dunn & Crutcher (1995) 37 Cal. App. 4th 1397, 1403.) In addition, relevant matters that are properly the ...

Excerpt: ...lia attempting to purchase dog food. Plaintiff was waiting in the only check-out line that was open at the time of the incident when a woman behind him in line accused him of being a sex- offender. Plaintiff was forcibly directed to another cash register by another employee, who stated that the woman behind him “was afraid of you.” Plaintiff completed his purchase while being monitored by the employee, and then this employee directed the plai...

Excerpt: ...0 mph. Mr. Sansom was able to ambulate on his own at the scene of the accident. Mr. Sansom was brought to the Kaweah Delta Medical Center Emergency Room at approximately 12:25 pm that same day. Defendant Nichole S. Atherton was the admitting physician at the KDHC Emergency Room at the time that Mr. Sansom arrived there. On May 24, 2018 at 4:54 p.m., an addendum authored by KDHC resident Aashini Shah noted that as to Mr. Sansom that “[w]hen righ...

Excerpt: ... 12. No documents appear to have been filed in this action since the MSJ was filed on March 4. The complaint was filed on July 9, 2019. Ms. Munoz represents Plaintiff. Defendant Cottonwood Containers answered by general denial on August 22, 2019. Mr. Stringham represents Cottonwood Containers. The other named Defendant, NOW Manufacturing, LLC, has been dismissed. A court trial is set for June 29, 2020 with a 2-day estimate. An April 23 early sett...

Excerpt: ...rected to appear by CourtCall. Defendant's motion was filed on March 23, 2020 and noticed for hearing on May 12, 2020. Proof of service in the file indicates notice of the motion was adequate. As of May 15, 2020, no response to the motion has been processed. Plaintiff asserts he suffered injuries in a vehicle accident involving a vehicle owned by Defendant H and B Truck Lines, Canal Insurance Company's insured. The accident is alleged to have occ...

Excerpt: ...ry 2020. The jury deliberated for several hours before returning its verdict. CCP §675 provides, in pertinent part, “A new trial shall not be granted upon the ground of insufficiency of the evidence to justify the verdict or other decision, nor upon the ground of excessive or inadequate damages, unless after weighing the evidence the court is convinced from the entire record, including reasonable inferences therefrom, that the court or jury cl...

Excerpt: ...iry, Inc. asserts a single cause of action for Declaratory Relief. Cross-Defendant City of Corcoran demurs asserting the pleading does not raise a cognizable request for declaratory relief. The court in its discretion may deny a claim for declaratory relief where it is not necessary or proper. (CCP 1061.) Any doubts as to the adequacy of a declaratory relief claim are to be resolved in favor of permitting the claim. (Warren v. Kaiser Found. Healt...

Excerpt: ...recover amounts due under a credit account on September 5, 2018. Defendant, through counsel, filed an answer on October 18, 2018. On 12/12/2018, Plaintiff filed a notice of settlement of the case and indicated dismissal would be entered by 12/7/2019. No dismissal having been filed, the court on 12/13/2019 issued its OSC why the case should not be dismissed. In response Plaintiff filed the subject motion on 01/29/2020. Proof of service in the file...

Excerpt: ... injury action that arises out of a traffic accident. During the plaintiffs' depositions, testimony provided by the plaintiffs suggested that plaintiff Robert Aguilar has a claim for loss of consortium damages based on the injuries that his wife Lillian Aguilar sustained in the accident from which this lawsuit arises. Robert Aguilar now moves the court to amend the plaintiffs' complaint to add a loss of consortium claim to the damages that the pl...

Excerpt: ... officer for defendants and cross-complainants Dynamic Insurance Solutions, Inc., Dynamic Integrated Systems Solutions Corp., and/or TS Dynamic Corp.). For the purposes of this ruling, the above-stated defendants and cross complainants will be identified collectively as “Sibel.” Plaintiff's Request for Judicial Notice is granted only as to the date of filing of the documents identified in the plaintiff's request for judicial notice. Except fo...

Excerpt: ...ement 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. Identity of the Class The class identified in this action is “All Wawona non-exempt employees who worked in Wawona's packing facility from November 22, 2013 through the date of Preliminary Approval.” 2. Sufficiency of Amount of Settlement ($4,000,000.00) The gross settlement amount is $4,000,000.00 whi...

Excerpt: ...ll well- pleaded facts. (Blank v. Kirwan (1985) 39 Cal. 3d 311, 318.) Also accepted as true are all facts that may be implied or inferred from those alleged. (Marshall v. Gibson, Dunn & Crutcher (1995) 37 Cal. App. 4th 1397, 1403.) In addition, relevant matters that are properly the subject of judicial notice may be treated as having been pled. (Friedland v. City of Long Beach (1998) 62 Cal. App. 4th 835, 842; Code Civ. Proc., § 430.30, subd. (a...

Excerpt: ...all well- pleaded facts. (Blank v. Kirwan (1985) 39 Cal. 3d 311, 318.) Also accepted as true are all facts that may be implied or inferred from those alleged. (Marshall v. Gibson, Dunn & Crutcher (1995) 37 Cal. App. 4th 1397, 1403.) In addition, relevant matters that are properly the subject of judicial notice may be treated as having been pled. (Friedland v. City of Long Beach (1998) 62 Cal. App. 4th 835, 842; Code Civ. Proc., § 430.30, subd. (...

Excerpt: ...e. Defendant Hector Mendez-Alvarado is a professional driver who was operating a semi-truck through a construction zone at approximately 58-60 mph when he took his eyes off the roadway and collided with the plaintiff's automobile. Defendant took his eyes off the roadway to take something out of a “fridge” that he had installed in his semi-truck. There are presently no specific facts plead against defendant MGM Labor Contracting, Inc. in the p...

Excerpt: ...to the attorney-client privilege and to order Defendants precluded from utilizing these emails and to order portions of deposition transcripts referencing the subject emails be sealed; (2) To Grant Plaintiff's motion as to confidential closed-session information and to order portions of any deposition containing references to closed-session information be kept under seal pending further order of the court. Plaintiff provided documents responsive ...

Excerpt: ...BA International v. Mark Nakata et.al) that is currently pending in the Fifth District Court of Appeals. (the Fresno appeal) Except for orders that appear in the appellate court's file for this case, this court cannot take judicial notice as to the contents of documents in the appellate court's file for this action as the contents of these documents constitute inadmissible hearsay. See Day v. Sharp (1975) 50 Cal.App.3d 904, 914; Fremont Indemnity...

Excerpt: ...quate. No response to the demurrer has been filed. For purposes of assessing the sufficiency of the demurrer, the court assumes the truth of all well- pleaded facts. (Blank v. Kirwan (1985) 39 Cal. 3d 311, 318.) Also accepted as true are all facts that may be implied or inferred from those alleged. (Marshall v. Gibson, Dunn & Crutcher (1995) 37 Cal. App. 4th 1397, 1403.) In addition, relevant matters that are properly the subject of judicial noti...

Excerpt: ...intiff's Request for Judicial Notice is granted under Evidence Code §452(g) as to records obtained from the California Secretary of State. Defendants' Request for Judicial Notice is granted under Evidence Code §452(g) as to the fact that it is a public entity. As to the plaintiff's First Amended Complaint, defendant's Request for Judicial Notice is granted only as to the date of filing of the plaintiff's complaint in this present action. Except...

Excerpt: ...a dispute between a medical provider (Plaintiff and Cross-Defendant –Kaweah Delta) and a patient insurer (Defendant and Cross-Complainant - Kaiser). One of Kaiser's insureds received emergency medical treatment at Kaweah Delta. Kaweah Delta billed Kaiser for the services. Kaiser paid less than the amount billed and allegedly paid substantially less than the historic reimbursement experience between the parties. Kaweah Delta asserts Kaiser unila...

Excerpt: ... with City Council Member Carleton Jones. A Tulare City police officer filed claims against Respondent asserting a Tulare City Council Member had engaged in conduct creating a hostile work environment. As part of its statutory obligation to investigate, Respondent City of Tulare hired an outside attorney who investigated the claims and prepared a report for the City. Respondent advised both the police officer and the City Council Member of the re...

Excerpt: ...h and survivor complaints that arise out of the death of decedent Margarito Hernandez Ortega on August 22, 2018. Decedent was killed in an automobile accident when he encountered flooding on Road 120 that caused him to lose control of his vehicle and crash into a power pole. Plaintiffs contend that the flooding on Road 120 was caused by an overflow of water from the irrigation system on the defendants' adjacent farm. Plaintiffs further allege tha...

Excerpt: ...nses, and plaintiff's enhancement award. The claims administrator mailed notice of the settlement to all 2333 class members. Nineteen notices were returned by the post office as undeliverable. No objections or requests to opt out were received by the administrator. Plaintiff's moving papers are sufficient to establish the settlement terms are fair and reasonable under the circumstances. The court and approves the settlement, the notice sent to cl...

Excerpt: ...onfer to resolve these motions. No CourtCall is permitted. Re: Phelps v Life Insurance Company of North America Case No.: VCU276849 Date: March 9, 2020 Time: 8:30 A.M. Dept. 1-The Honorable Melinda Reed Motion: Plaintiff Mariah Phelps' Unopposed Motion for Approval of PAGA Settlement and Release Tentative Ruling: To deny Plaintiff Mariah Phelps' Unopposed Motion for Approval of PAGA Settlement and Release without prejudice. 1. Sufficiency of Sett...

Excerpt: ...o Strike Punitive/Exemplary Allegations from Plaintiff's First Amended Complaint. Plaintiff Alexis Ocampo's first amended complaint for employment discrimination and retaliation alleges defendant Family Healthcare Network wrongfully terminated her employment on the basis of pregnancy, physical disability, and sex. As to the demurrer, defendant contends plaintiff's complaint fails to allege facts showing her termination was based on discrimination...

Excerpt: ...tion for monetary relief against defendants Old West Export Inc. (Old West) and Frances Murillo is brought under the Perishable Agricultural Commodities Act (PACA). Here, plaintiff seeks summary adjudication of its third and fourth causes of action for enforcement of statutory trust and violation of PACA against Murillo. Plaintiff contends Murillo is personally liable for Old West's debt as a matter of law under PACA. Murillo opposes the motion a...

Excerpt: ...new this judgement, defendant advised plaintiff that this credit card account was fraudulently opened and that the defendant was the victim of identity theft. When plaintiff investigated the defendant's representation, plaintiff concluded that this account was indeed fraudulently opened and now seeks to set aside this judgment. CCP §473(b) provides in relevant part “The court may, upon any terms as may be just, relieve a party or his or her le...

Excerpt: ...ies as a passenger in a pickup truck that went out of control, left the roadway, hit an embankment, and rolled over. The truck, driven by plaintiff's father, Ernesto Moreno Lopez, was owned by defendant Graceland Dairy, Inc. – a company affiliated with Mr. Lopez's employer defendant Visser Ranch. Plaintiff contends that Mr. Lopez was basically “on call” 24-7 with Visser Ranch and was urged to use the company truck. This truck was loaded wit...

Excerpt: ...r fraud). Defendant shall file its answer to the remaining allegations of Plaintiffs' Complaint within ten (10) days of this order. Defendant demurs to the Second Cause of Action (for Intentional Interference with Prospective Economic Advantage), the Fourth Cause of Action (for Fraud), and the Fifth Cause of Action (for Negligent Misrepresentation) asserting each is barred by the applicable statute of limitations. Defendant asserts that each clai...

Excerpt: ...sponse, dismissed Defendants have supplied documentation for all of the claimed costs. The documentation submitted in support of the cost bill is sufficient to show all of the claimed costs were reasonably necessary for the litigation and reasonably incurred for the litigation. Plaintiff asserts that dismissed Defendants were only minimally liable in this automobile accident case and were dismissed on the first day of trial. Plaintiff obtained ju...

Excerpt: ...(Labor Code 2699, et seq.) Causes of Action, without leave to amend. Defendant shall file its answer to the remaining causes of action within ten (10) days of this order. Proof of service in the file indicates notice of the demurrer was adequate. No response to the demurrer has been filed. For purposes of assessing the sufficiency of the demurrer, we assume the truth of all well-pleaded facts. (Blank v. Kirwan (1985) 39 Cal. 3d 311, 318.) We also...

Excerpt: ...murrer cannot be considered because it was untimely filed lacks merit and is without authority. Plaintiff relies on CCP 430.40 which requires a responsive pleading within thirty days of service. However, Plaintiff cites no authority that a late filing cannot be considered by the court. It is an elementary principle of civil procedure that a pleading filed before entry of default, precludes a default. (Goddard v. Pollock (1974) 37 Cal.App.3d 137, ...

Excerpt: ...sed for Defendant's agricultural operations. Plaintiff asserts two causes of action against Defendant, for premises liability and negligence. Defendant moves for summary judgment asserting he does not own the tank, ladder or tank stand, he did not design or manufacture the tank or the ladder, and that he had no duty to maintain the tank or ladder. Defendant further asserts he had no knowledge prior to the incident of any problem with the ladder. ...

Excerpt: ... Defendant Tamara Lagomarsino and her Defense Counsel of Record Brian O'Driscoll. Plaintiff's motion is vague and unclear. It appears Plaintiff wants Defendant's attorney sanctioned for alleged misconduct at Plaintiff's deposition. Plaintiff also asserts Defendant and her attorney refused to mediate this dispute despite a stipulation to do so. Plaintiff asks that her deposition be stricken and asks for additional relief which is unclearly and ina...

Excerpt: ... the hearing date for this motion. OPERATIVE FACTS This is a breach of contract action where plaintiff DPI Group LLC plead in its second amended complaint causes of action for common counts for the fixed sum of $198,065.13 for unpaid CAM charges plus prejudgment interest. This case was adjudicated by a court trial from which the court issued a Statement of Decision on June 8, 2017 in favor of DPI for the amount of $198,065.13. The court also rule...

Excerpt: ...99 and all related references to Plaintiff's claims under the California Private Attorneys General Act. Proof of service in the file indicates notice of the motion was adequate. As of February 7, 2020, no response to the motion has been filed. The deadline for response has expired. The moving papers are sufficient to establish that allegations in Plaintiff's First Amended Complaint of violations of PAGA are facially deficient because Plaintiff ha...

Excerpt: ...s that may be implied or inferred from those alleged. (Marshall v. Gibson, Dunn & Crutcher (1995) 37 Cal. App. 4th 1397, 1403.) In addition, relevant matters that are properly the subject of judicial notice may be treated as having been pled. (Friedland v. City of Long Beach (1998) 62 Cal. App. 4th 835, 842; Code Civ. Proc., § 430.30, subd. (a).) (See Thaler v. Household Finance Corp. (2000) 80 Cal.App.4th 1093.) Plaintiff's Complaint asserts al...

Excerpt: ... unrestrained dog to chase Plaintiff giving rise to fear of an attack which caused Plaintiff to fall and suffer injuries. Plaintiff's Complaint appears to contain a single cause of action for negligence, but also includes prayers for injunctive and declaratory relief (Defendant did not challenge Plaintiff's pleading but filed an answer denying all allegations). Plaintiff's motion is not clear. The motion is for summary judgment, but the body of P...

Excerpt: ...ive damages, attorney's fees, numerous additional allegations of breaches of duty and/or contract, and at least one new claim arising after the subject legal representation relationship had terminated. Plaintiff also seeks to add claims of new lawsuits which have been allegedly filed against it. There is no allegation these new lawsuits have been resolved. Plaintiff asserts the basis for a punitive damages claim was not known until after the depo...

Excerpt: ...n July 26, 2013. The City of Visalia rejected this claim on September 9. 2013, and plaintiff filed his first action on these facts (VCU 255484) on March 10, 2014. Plaintiff dismissed this first action on September 25, 2019 and then filed this current lawsuit on October 7, 2019. This court sustained the City's demurrer without leave to amend on January 2, 2020. This ruling resulted in Mr. Hernandez's filing of the motion for reconsideration that i...

Excerpt: ...st Amended Complaint; (2) To Deny the Motion by Defendant Choice Drilling, Inc. to Strike Portions of First Amended Complaint; and (3) To Overrule the Demurrer by Defendant Sean Pichinson to First Amended Complaint. Defendants shall file their answers to the First Amended Complaint within ten (10) days of this order. For purposes of assessing the sufficiency of the demurrer, we assume the truth of all well-pleaded facts. (Blank v. Kirwan (1985) 3...

Excerpt: ...ot in furtherance of any settlement of this case. A defendant in whose favor a dismissal is entered, with or without prejudice, is deemed to be the prevailing party and is entitled “as a matter of right” to recover costs. See CCP §1032(a)(4)-(b). The court confirmed in Cano v. Glover (2006) 143 Cal.App.4th 326, 331 that the defendant is deemed to be the prevailing party who is entitled to recover costs irrespective of whether plaintiff dismi...

Excerpt: ...ime period to respond to be calculated from this present February 4, 2020 hearing date. Under CCP §1005(b) the last day to timely file a substantive response to this motion would be nine court days from February 4. 2020, or January 22, 2020. As of the date of this ruling, the court has not received any substantive response from the defendants to plaintiff's motion that addresses the merits of plaintiff's motion. The parties were also directed to...