Excerpt: ..., 16, 17, and 23 to the declaration of Benjeman Beck are overruled. The court was unable to locate Exhibits 4, 5, 6, 7, 8, and/or 15 to the declaration of Jessica Anvar, and on that basis overrules defendant FCA US LLC's objections to these exhibits. Plaintiff's Request for Judicial Notice is granted as to all items identified in this request under Evidence Code §452(d) and §452(h) Plaintiff's Evidentiary Objections to Declaration of Adam Khan ...

Excerpt: ...of filings Ms. Fannin has recently made in cases which were closed in 1995 and in 1992. (Filings were on May 23, 2019; July 1, 2019; July 17, 2019; August 30, 2019; September 24, 2019; December 20, 2019; and December 24, 2019 (current documents). Both cases were civil harassment petitions. The 1992 case (VCU154130-92) appears to have been brought by Tracy Miller against Cari Greiner. The 1995 case (the subject proceeding) appears to have been bro...

Excerpt: ...pril 29, 2017, defendant Hettinga Transportation Company was hired and retained to procure, deliver, and stack hay at the place of business of plaintiff Ricardo Gonzalez's employer in Tipton, California. On the day of this delivery, Mr. Gonzalez was allegedly struck when one or more hay bales fell on him as he was attempting to unload these hay bales at AC Enterprises. Plaintiff contends that his injuries were the result of the failure of defenda...

Excerpt: ...lot of Porterville High School. Defendant asserts it is entitled to summary judgment because Plaintiff fails to state authority for her negligence claim, Plaintiff does not have evidence to support the elements of a claim for dangerous condition of public property, and Plaintiff's negligent hiring claim fails for lack of evidence of a duty owed to Plaintiff. Defendant submits 21 facts limited to support of its motion as to the dangerous condition...

Excerpt: ...rom a review of its file for this action that timely and proper notice of plaintiff Ally Bank's motion for summary judgment was given to all affected parties. The Court has not received any response to this MSJ. Ally Bank's Request for Judicial Notice is granted only as to the date of filing of the documents on file with the Court for this action and as to minute orders and other orders for this case that appear in the Court's file. Except for or...

Excerpt: ...aintiff Calftech has elected to join in defendant Zoetis, Inc.'s motion for order determining good faith settlement pursuant to CCP §877.6 and for judgment on the pleadings. No opposition has been filed to this motion by Nutrius, LLC. A defendant's failure to file written opposition creates the inference that the motion is meritorious. Where no opposition to a motion is timely filed with the Court, the court may only hear argument limited to a r...

Excerpt: ...restige”). Travelers shall file its Complaint-In-Intervention no later than ten days from the date of this ruling. 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. 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 t...

Excerpt: ...ny Defendants' Motion to File Amended Answer; (3) & (4) There are no tentative ruling for (3) and (4). The parties are directed to meaningfully meet and confer to resolve the issues raised in these motions. If unable to resolve, the parties are directed to personally appear at the hearing for this motion. No CourtCall will be permitted except to advise the court that the matter has been resolved. (1) Defendants seek judgment on the pleadings asse...

Excerpt: ...e proof of service on file with the Court for this matter indicates that defendant Angelica Martinez received timely and proper notice of this motion for judgment on the pleadings at the address identified in her answer to the plaintiff Capital One Bank's complaint. The Court has not received any response to this motion. Plaintiff Capital One Bank brings this action to recover on a delinquent credit card obligation owed by defendant Angelica Mart...

Excerpt: ...CP §1255,410(d)(2) when an owner of property objects to a public entity's taking of its property by eminent domain, the Court must find, among other factors, that the hardship that the public entity will suffer if immediate possession is not awarded outweighs the hardship that will inure to the property owner. Defendant Craig Silveira owns and farms 917 acres on two parcels near Corcoran, one of which consists of approximately 597 acres. The Sta...

Excerpt: ...U 281021 shall be deemed to be the lead case for this consolidated action, and all subsequent pleadings and papers to be filed in these consolidated cases shall be filed in this lead case. Defendants Berta Alvarez, Bernice Bedolla, and Javier Bedolla, Jr. shall continue to make the mortgage payments on the property at issue in this case and will receive a credit for these payments against the reasonable rental value of this property due to plaint...

Excerpt: ...nt filed in a related action satisfies the filing requirement following rejected claims. OPERATIVE FACTS Petitioner Blain Farming Company is a farm management company that oversees the growing of pecans and walnut on property owned by the City of Visalia adjacent to its Waste Water Facility. At issue in Blain's petition is whether Blain is entitled to relief under Government Code §946.6 from the requirement to timely file a claim for money damag...

Excerpt: ...onfer to discuss an amended “Stipulation for Entry of Judgment” whose terms are consistent with the terms of the Settlement and Mutual Release” for this case that the parties executed on or about August 9, 2018. This is an action for declaratory relief, quiet title, and injunctive relief. The parties prepared and signed a “Settlement Agreement and Mutual Release” that stated that the parties will enter into a judgment that states that, ...

Excerpt: ... Center) seeks summary judgment or adjudication of plaintiff Lyla Mathew's first amended complaint for employment retaliation. Dialysis Center contends plaintiff cannot establish a prima facie case for retaliation because its offer of per diem employment was based on a legitimate, non-retaliatory reason. 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...

Excerpt: ...nge plaintiff James Martino's cause of action for fraudulent inducement. Defendant's demurrer to the claim alleged in plaintiff's previous complaint was sustained with leave to amend under the economic loss rule and the holding of Robinson Helicopter Co., Inc. v. Dana Corp. (2004) 34 Cal.4th 979 (Robinson). Plaintiff's present fraud claim essentially remains unchanged from the original complaint with the exception of asserting the vehicle's alleg...

Excerpt: ...tion, defendant United Health Centers of the San Joaquin Valley seeks an order for binding arbitration based upon the arbitration policy contained in its employee handbook. In opposition, plaintiff Erma Dominquez contends there is insufficient evidence to show plaintiff consented to the terms of the arbitration policy and defendant has waived the right to compel arbitration. As to consent, a party can be compelled to submit to arbitration only wh...

Excerpt: .... Plaintiff labels the first, second, and third causes of action “lack of feasance,” “abusive tactics,” “failure to exercise jurisprudence.” and that the defendant misappropriated his car. Plaintiff contends in his fourth cause of action that the defendants deprived him of his civil rights in violation of 42 USC 1983. All the events that resulted in the plaintiff's first, second, third, and fourth causes of action occurred on February...

Excerpt: ...served defendant Donaldson Company, Inc. Here, defendant seeks to quash service of process on the ground of lack of jurisdiction under Code of Civil Procedure section 418.10. In opposition, plaintiff concedes there are insufficient direct contacts for general jurisdiction. However, plaintiff argues special jurisdiction is established under Ray v. Alad Corp. (1977) 19 Cal.3d 22 (Ray) because sufficient minimum contacts are imputed to defendant bas...

Excerpt: ...th Settlement. Proof of service in the court's file indicates notice of the motion was adequate. Defendants/Cross- Complainants Monte Vista Lindsay, LLC, Century Developers, LLC, and Highlands Diversified, Inc. (collectively Century) have filed a notice of non-receipt of opposition to the motion. No other response to the motion has been filed. Here, Century seeks (1) an order that the settlement it reached with plaintiffs and subcontractor defend...

Excerpt: ...oc., § 437c, subd. (c).) "[T]he party moving for summary judgment bears an initial burden of production to make a prima facie showing of the nonexistence of any triable issue of material fact; if he carries his burden of production, he causes a shift, and the opposing party is then subjected to a burden of production of his own to make a prima facie showing of the existence of a triable issue of material fact." (Aguilar v. Atlantic Richf...

Excerpt: ...plaint for Loss of Consortium and to Overrule the Demurrer in all other respects. Leave to amend as to the Sixth Cause of Action is denied. Defendant shall file its answer to the remaining causes of action in the First Amended Complaint within ten (10) days of this order. (2) To Deny Defendant's Motion to Strike Portions of Plaintiffs' First Amended Complaint. (1) Plaintiffs have established they have standing to pursue the medical negligence cla...

Excerpt: ...s motion. This is a construction defect action where the plaintiffs have agreed to accept the sum of $1,000.00 from defendant Visalia, and developer McMillin Homes, LLC, et al. (Developer) in exchange for a release of all claims arising out of Visalia's work on the properties at issue in this action and to dismiss their complaint against Visalia. Plaintiffs have also agreed to release the Developer from all liability arising out of the work perfo...

Excerpt: ..., Meadowlake Dairies, Pixley Dairy, Clarence Bosman, and/or Nellie Bosman at any time from February 15, 2009 to January 11, 2019. The court preliminarily approved the terms of the settlement on May 30, 2019, including the form of notice, provisions for payment of costs, attorneys' fees, administrative expenses, and plaintiffs' enhancement awards. The claims administrator mailed notice of the settlement to all 1444 class members. Notice was succes...

Excerpt: ...ity of Tulare's demurrer to plaintiff Matthew B. Cramer's complaint with thirty days' leave to amend. As of the date of this ruling, Mr. Cramer has not filed an amended complaint with the court. Where the City of Tulare's demurrer was sustained in its entirety as to plaintiff's complaint, the court observed that there were no facts plead in Mr. Cramer's original complaint from which a cause of action could be stated. AUTHORITY AND ANALYSIS Under ...

Excerpt: ...t triers of fact. That request is denied. As a practical matter, cases involving a request for punitive damages would be heard in two stages with the same trier of fact. The first stage would involve liability, compensatory damages and a determination of malice and the second stage (if malice is found) would involve the defendant's financial condition and punitive damages. Evidence of the defendant's financial condition would only be admissible d...

Excerpt: ...er, is that the general rule is limited to those material facts properly pleaded, and does not apply to conclusions of fact or law. Moore v. Regents of University of California (1990) 51 Cal.3d 120, 125. For example, a bare allegation that an act is illegal, unlawful, unauthorized, wrongful, or fraudulent is a conclusion of law that need not be accepted as true. 4 Witkin, Cal. Procedure (4 th Ed. 1997) Pleading section 345, pp. 444-445. Additiona...

Excerpt: ...ent – concealment and a prayer for punitive damages. The new claims arise out of information plaintiff allegedly recently obtained suggesting that defendant General Motors LLC fraudulently induced her to purchase a 2012 GMC Terrain by failing to disclose the 2.4-liter engine was defective even though defendant allegedly knew about the defect for years. This motion was filed approximately five months after the original complaint was filed on Feb...

Excerpt: ...iencies that must be addressed before the petition could be granted. Plaintiff requested the hearing be continued and has filed a supplemental brief, supplemental declarations of class counsel Roman Ohtupman and class representative Rose Singh and the declaration of Michael Bui of Simplus, Inc. in support of the petition. The settlement of $197,500.00 is approved as plaintiff has in her supplemental request satisfied the following deficiencies in...

Excerpt: ...nse to this motion. This is a construction defect action where the plaintiffs have agreed to accept the sum of $1,800.00 from cross-defendant NICKY in exchange for a release of all claims arising out of NICKY's installation of concrete flatwork in five of the plaintiffs' homes in the development known as “Venue at Wyngate II, Impressions at Westpark Visalia, Willow Creek, Tanglewood, and Avalon” in Visalia. Plaintiffs have also agreed to rele...

Excerpt: ...ions to the present motion addressing the issues raised below. 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 ($1,250,000) The gross settlement amount...

Excerpt: ...proximately 65 mph through a school zone when her vehicle collided with the plaintiffs' automobile as Mr. McCuistion was attempting to make a left turn. In the collision the plaintiffs' vehicle flipped over into an irrigation ditch, killing plaintiff Jayden McCuistion and severe injuring the other plaintiffs. Investigation that plaintiffs' counsel conducted revealed that there had been more than 35 accidents at the intersection where the accident...

Excerpt: ... pursuant to Evidence Code sections 452(d) and 453. Defendant and cross-complainant KBDB Properties, LLC's (KBDB) cross-complaint for slander of title alleges defendant Gale Kuns recorded a grant deed in 2015 in which a life estate was reserved to Kuns. KBDB further alleges reservation of the life estate “was false and without privilege or justification and caused doubt to be cast on KBDB's title to the property[.]” On demurrer, Kuns contend ...

Excerpt: ...ion for declaratory relief, breach of contract, and breach of the implied covenant of good faith and fair dealing alleges defendant Everest Indemnity Insurance Company (Everest) and other insurers owe plaintiff a defense in an underlying construction defects litigation. Preliminarily, the parties' requests for judicial notice are granted; the court's rulings on plaintiff's and Everest's objections to the evidence and declarations are stated on th...

Excerpt: ...ments. Defendants shall provide full and complete verified responses to these discovery requests without objection within 15 days from the notice of this ruling. The ruling on this motion will be stayed pending proof that the plaintiff has paid to the clerk of this court an additional $300.00 in filing fees. These additional filing fees are warranted because the plaintiff has consolidated six discovery motions into one pleading but has paid the f...

Excerpt: ...t award. The claims administrator mailed notice of the settlement to all 495 class members. No notices were returned by the post office. 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 grants the motion for final approval under Code of Civil Procedure section 382 and California Rules of Cou...

Excerpt: ...irst Amended Complaint. Defendant shall file its answer to the First Amended Complaint within ten (10) days of this order. (2) To Deny Defendant's Motion to Strike Portions of Plaintiffs' First Amended Complaint as to all portions submitted. Defendant's Request for Judicial Notice of Plaintiffs' First Amended Complaint is granted. (1) Defendant demurs to Plaintiff's Elder Abuse cause of action asserting the claim fails for uncertainty and fails t...

Excerpt: ...is denied. The Petition to Instruct Trustee must be re-noticed for hearing after transfer to Riverside County. Respondent's objections to evidence: Objections to the declarations of Stacey Ballantyne and Robin B. Young are overruled. Objections to the declaration of Cheri Lemons are sustained sustained as to objection 3 (on grounds of speculation, lack of foundation, and lack of personal knowledge) and overruled in all other respects. Objections ...

Excerpt: ... submit the entire motion and initial declarations a second time. Insufficient information has been submitted as to various provisions of the settlement agreement for the court to make the merits evaluation required by Kullar v. Foot Locker Retail, Inc. (2008) 168 Cal.App.4th 116, 129. 1. Sufficiency of Amount of Settlement ($1,250,000) The gross settlement amount is $1,800,000. Plaintiff estimates the total number of class members is 735. Plaint...

Excerpt: ...Inc.'s action for declaratory relief, breach of contract, and breach of the implied covenant of good faith and fair dealing alleges defendant Everest Indemnity Insurance Company (Everest) and other insurers owe plaintiff a defense in an underlying construction defects litigation. Preliminarily, the parties' requests for judicial notice are granted; the court's rulings on plaintiff's and Everest's objections to the evidence and declarations are st...

Excerpt: ...sts as to any material fact and the moving party is entitled to judgment as a matter of law. (Code Civ. Proc., § 437c, subd. (c).) "[T]he party moving for summary judgment bears an initial burden of production to make a prima facie showing of the nonexistence of any triable issue of material fact; if he carries his burden of production, he causes a shift, and the opposing party is then subjected to a burden of production of his own to make a...

Excerpt: ...0(c) based on plaintiff's failure to fully comply with the Court's June 25, 2019 order, and (2) why sanctions payable to the Court under CCP §177.5 in the amount of $1,500.00 should not be imposed against plaintiff Alan Joslin and his counsel Michael J. Montgomery of Montgomery -Steele based on plaintiff's disobedience of the Court's June 25, 2019 order. No CourtCall shall be permitted for this Order to Show Cause appearance. All parties have re...

Excerpt: ...ted/Complex. (2) Plaintiffs assert the matter should be designated complex under CRC 3.400 due to the number of parties and the volume of discovery. Answering Defendants do not oppose the motion. Plaintiffs are judgment creditors who in this action is seeking to hold Defendant entities liable for Plaintiffs' two judgments on alter ego theories. California Rules of Court Rule 3.400 provides guidance and notes the following factors are to be consid...

Excerpt: ...d to do so. OPERATIVE FACTS The City of Woodlake (“The City”) moves this court for a nuisance abatement warrant as to property located at 472 Olive, Woodlake, California 93286. The City seeks this abatement warrant to enter and inspect this property and demolish any structures that currently exist on this property, and by so doing abate the nuisances found there. On October 6, 2016, and multiple times thereafter, the Code Enforcement division...

Excerpt: ...discovery requests. The Plaintiff and Defense Counsel are ordered to appear to address the Court's Order to Show Cause. At this August 1 hearing, the court directed plaintiff Elyssa Seth to personally appear before the Court on August 22, 2019 at 8:30 a.m. in Department 2 of this court to show cause why (1) this action should not be dismissed and sanctions of $1,000.00 imposed against plaintiff under CCP §2023.010(g), §2023.030(d)(3) §2030.290...

Excerpt: ...sel. This is a “lemon law” automobile action under the California Legal Remedies Act (Civil Code §1750 et seq.) and the Song-Beverly Consumer Warranty Act (Civil Code §1790 et seq.) On July 13, 2018 the parties resolved this case with a settlement agreement dictated “on the record.” Included in the terms of this settlement agreement was a provision that attorney fees and costs would be determined by the court in response to a motion tha...

Excerpt: ...iff provide to the court information regarding distributions to non-parties sufficient to enable the court to satisfy its reporting requirements under CCP 384.5. On October 22, 2018, after several continued hearings, the court entered its order for preliminary approval of a class action settlement reached between the parties. Shortly after approval, Defendant asserts it suffered financial reversals which resulted in placement of 8 of its 9 operat...

Excerpt: ...sel. This is a “lemon law” automobile action under the California Legal Remedies Act (Civil Code §1750 et seq.) and the Song-Beverly Consumer Warranty Act (Civil Code §1790 et seq.) On July 13, 2018 the parties resolved this case with a settlement agreement dictated “on the record.” Included in the terms of this settlement agreement was a provision that attorney fees and costs would be determined by the court in response to a motion tha...

Excerpt: ...discovery requests. The Plaintiff and Defense Counsel are ordered to appear to address the Court's Order to Show Cause. At this August 1 hearing, the court directed plaintiff Elyssa Seth to personally appear before the Court on August 22, 2019 at 8:30 a.m. in Department 2 of this court to show cause why (1) this action should not be dismissed and sanctions of $1,000.00 imposed against plaintiff under CCP §2023.010(g), §2023.030(d)(3) §2030.290...

Excerpt: ...ion for Summary Judgment or in the Alternative, Summary Adjudication, and Motion to Strike Thereto are sustained. Defendants' Evidentiary Objections as to all other Items to which an objection has been raised in Defendants' Evidentiary Objections to Plaintiff's Evidence in Support of Opposition to Motion for Summary Judgment or in the Alternative, Summary Adjudication, and Motion to Strike Thereto are overruled. OPERATIVE FACTS This case involves...

Excerpt: ...rmation 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 ($547,500.00) The gross settlement amount is $$547,500.00 which was agreed to by the parties at mediation. Plaintiff estimates the total number of class members is 2,153. Plaintiff's investigation of Defenda...

Excerpt: ...d Order for Monetary Sanctions; Tentative Rulings: (1) To grant plaintiff Central Valley AG Exports, Inc. motion to compel initial responses to special interrogatories, set one, from defendant York Canadian Grain Trading, Inc. This defendant shall provide full and complete verified responses to these interrogatories without objection within thirty days from the service of the notice of this ruling. (2) To grant plaintiff Central Valley AG Exports...

Excerpt: ... demurrer. Plaintiff Isabel Valdez filed two documents on June 20, 2019 either or both of which could be her operative pleading. It is unclear what Ms. Valdez intends. Other persons are named as Plaintiffs in both documents and none have signed either pleading as a party plaintiff. The body of both pleading documents outline a number of criminal statutes and appear to demand that defendants be charged with criminal wrongdoing. Such relief is unav...

Excerpt: ...pos crashed his 2002 Ford Mustang into a fence on plaintiff Megan Howard's property, causing damage to this fence, concrete pillars, a custom gate, and trees on her property The allegations identified in Ms. Howard's Second Amended Complaint (SAC) state that this accident was preceded by an altercation between Mr. Campos and his girlfriend, that Mr. Campos was driving at an excessive speed through a residential area. Mr. Campos fled from the acci...

Excerpt: ...licable statute of limitations. Defendant further asserts Plaintiff's claims are barred for failure to comply with tort claim presentation requirements. On its face, Plaintiff's pleading asserts she was subject to sexual abuse while in high school from 1999 through 2003. Plaintiff asserts the last abuse occurred in 2003. Plaintiff further asserts the perpetrator used threats to intimidate Plaintiff from reporting the abuse. The First Amended Comp...

Excerpt: ... of this action is a family dispute as to who inherits title to a 1930 Ford Model A and a 1951 Ford Coupe automobiles. Plaintiff's father Paul Hamilton King. Jr. held sole and exclusive title to these antique cars when he died intestate in May of 2017. Plaintiff contends that it was his father's intent that plaintiff succeed to sole and exclusive title to these Fords at the time of his death. But where Mr. King Jr. died without a will, there is n...

Excerpt: ...hat all parties affected by this motion were given timely and proper notice. The Court has not received any response to this motion. This motion arises out of an accident where Intervenor Ace American Insurance Company paid workers' compensation benefits to plaintiff Reza Kamaleddin who was employed by Ace's insured C.R. England, Inc. By virtue of its payment of workers' compensation benefits to C.R. England's employee, Ace is subrogated to all o...

Excerpt: ...rties affected by this motion were given timely and proper notice. The Court has not received any response to this motion. This motion arises out a traffic accident where Intervenor Starstone National Insurance Co. paid workers' compensation benefits to plaintiffs Camilo Ortega Carranza and Mario Guillen who were employed by Starstone's insured Landscape Development, Inc. By virtue of its payment of workers' compensation benefits to Landscape's e...

Excerpt: ...s moving papers letters from his physicians to document that he will soon be undergoing surgery and that the medical condition that requires this surgery limits his ability to travel. But these physician letters – even if drafted after plaintiff's July 2, 2019 ex-parte application and presented to this court for the first time in plaintiff's motion for reconsideration – offer no new information as to Mr. Hernandez's medical condition or his r...

Excerpt: ...ing on this matter to facilitate scheduling of this deposition. OPERATIVE FACTS: Jose Rivera is a plaintiff who claims injuries arising out of a motor vehicle accident. Mr. Rivera noticed the deposition of defendant/cross-defendant Lupe Rodriguez dba LGP AG SERVICES. On November 7, 2018, this court ordered Ms. Rodriguez to appear at a deposition within 20 days and pay monetary sanctions. Ms. Rodriguez did neither. Then on December 3, 2018, this c...

Excerpt: ...aintiff Zurich American Insurance Company's (plaintiff) complaint alleges Sparta Insurance Company (Sparta) and others insured the general contractor, The Donald Lawrence Fulbright Company (Fulbright) for the residential development in the underlying action. Plaintiff also insured Fulbright and funded the settlement. Plaintiff ‘s complaint seeks equitable indemnity from the defendant insurance companies. Sparta requests summary judgment asserti...

Excerpt: ...nt's demurrer contends plaintiff Phillip Ocaranza's complaint for medical negligence and wrongful death is time barred under the one-year statute of limitations pursuant to Code of Civil Procedure section 340.5; fails to state a proper cause of action for wrongful death; and is uncertain as to the relief requested by plaintiff individually and as successor-in-interest. Plaintiff concedes his complaint is defective on all grounds. However, plainti...

Excerpt: ... The problem is that defendant's motion is procedurally improper and fails to prove the exemption conclusively applies in this case. No motion to certify a class has been filed by plaintiff. Defendant has cited no authority for the motion to deny class certification. Defendant is precluded from seeking a demurrer or motion to strike portions of the complaint as an answer has been filed. Defendant's motion is improper as a motion for judgment on t...

Excerpt: .... in Department 2 of this court to show cause why (1) this action should not be dismissed under CCP §2023.010(g), §2023.030(d)(3) and §2031.300(c) based on his failure to fully comply with the Court's May 16, 2019 order, and (2) why sanctions payable to the Court under CCP §177.5 in the amount of $1,500.00 should not be imposed against Plaintiff Clayton Biewer and his counsel based on plaintiff's disobedience of the Court's May 16, 2019 order...

Excerpt: ....290(c), §2031.300(c) and §2033.290(c) based on her failure to fully comply with the Court's April 19, 2019 and May 23, 2019 orders, and (2) why sanctions payable to the Court under CCP §177.5 in the amount of $1,500.00 should not be imposed against Plaintiff Elyssa Seth based on plaintiff's disobedience of the Court's April 19, 2019 and May 23, 2019 orders. No CourtCall shall be permitted for this Order to Show Cause appearance. All parties w...

Excerpt: ...ris are sustained as to the “Kemp” debt and overruled in all other respects. Plaintiffs' objections to the declaration of Laura Kemp are sustained as to objection number 9 and overruled in all other respects. 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 a...

Excerpt: ...t to modify the subpoena to include records from August 14, 2012 to present is granted; and (2) to Deny Plaintiff Ellie Wilson's Motion to Quash Ortega Defendants' Subpoena conditioned on the issuance of a protective order limiting disclosure of any records produced. (1) Defendant Porterville Unified School District issued a subpoena to Frony Ritter, MFT a health care professional for adult Plaintiff Emily Wilson. Plaintiffs move to modify the su...

Excerpt: ...nt to this order shall be made in the lead case. To further order that any trial in the consolidated action shall be bifurcated. The issue of alter ego liability of Metrocom, Inc. for obligations of Metrocom MDB, Inc., including whether Metrocom, Inc. was Plaintiff's employer, and whether Metrocom MDB, Inc. was the agent of Metrocom, Inc. are to be tried first. All evidence and argument on these issues will be presented and a decision reached bef...

Excerpt: ...blishes that the defendant Robert Rodriguez has failed to cooperate with their counsel in prosecution of his defense to this action. Specifically, Mr. Zavala states that he has been unable to effectively communicate with his client. and that there is a large unpaid balance for attorney fees due from Mr. Rodriguez to Mr. Zavala. However, California Rules of Professional Conduct, Rule 3-700 provides that an attorney “shall not withdraw from emplo...

Excerpt: ...the request. A demurrer tests whether a pleading states a cause of action or defense, and in the words of the California Supreme Court in Moore v. Regents of the Univ. of Cal. (1990) 51 Cal.3d 120, 125: “Accordingly, we assume that complaint's properly pleaded material allegations are true and give the complaint a reasonable interpretation by reading it as a whole and all of its parts in their context . . . we do not, however, assume the truth ...

Excerpt: ...detailed a number of deficiencies which must be addressed before the petition could be granted. Plaintiff requested the hearing be continued and has filed a supplement in support of the petition. 1. Sufficiency of Amount of Settlement ($197,500.00) Further information is required. Plaintiff has provided additional information concerning the risks of further litigation including Defendant's potential defenses. However, Plaintiff has provided no in...

Excerpt: ...uled. OPERATIVE FACTS On July 23, 2017, plaintiff Shirley Reed was walking with her grandchildren to look at a house that she might want to rent. This house was owned by defendant Blain and is located at 615 “Q” Street in Tulare, California. Mrs. Reed is legally blind. When walking on the sidewalk in front of defendant Blain's property, Mrs. Reed alleges she encountered a defect in this sidewalk that was created by a root of a tree that went ...

Excerpt: ...Frank Macaluso, Jr. is a radiologist who interpreted imaging studies (i.e. CT Scans, Ultrasounds, etc.) taken of plaintiff Mary Duarte before and after she underwent a laparoscopic gallbladder surgery on April 16, 2016. Ms. Duarte contends that she suffered physical pain and injury because Dr. Macaluso failed to discover defects in Ms. Duarte's cystic and hepatic ducts. On May 11, 2015, Dr. Macaluso evaluated an abdominal ultrasound taken of Ms. ...

Excerpt: ...t of a motion must consist of the following: (c) A memorandum in support of the motion or demurrer” California Rule of Court 3.1113(a) further mandates that “A party filing a motion, except for a motion listed in rule 3.1114, must serve and file a supporting memorandum. The court may construe the absence of a memorandum as an admission that the motion or special demurrer is not meritorious and cause for its denial and, in the case of a demurr...

Excerpt: ...lly transferred title to the property to a third party in breach of an agreement to sell to plaintiff. Plaintiff obtained judgment against the sellers in the prior action. In this case, plaintiff seeks to recover damages from other parties allegedly involved in the real estate transaction. The court has previously sustained demurrers, without leave to amend, as to three of the named defendants. The only remaining defendant, Matthew Rieder, (defen...

Excerpt: ... is any substantial evidence, or reasonable inferences to be drawn therefrom, in support of the verdict, the motion should be denied.” Hauter v. Zogarts (1975) 14 Cal.3d 104,110 BFR principally contends that John Cunningham's act of killing himself so far outweighs any “passive” failures on the part of BFR that the court must conclude as a matter of law that the negligence of BFR was not a substantial factor in causing Cunningham's death. B...

Excerpt: ...rom the notice of this ruling; (2) To grant defendant Maria Garcia's motion for leave to amend answer. Defendant Maria Garcia shall file her amended answer to plaintiff's complaint within ten days from the notice of this ruling. GENERAL ALLEGATIONS This is a collection action brought by plaintiff Collectibles Management Resources as the assignee of Skylife Ambulance for services provided by Skylife Ambulance. Mrs. Garcia handles the family's busi...

Excerpt: ..., 2019. Proof of service filed with the documents indicates Plaintiff was provided notice of the demurrer by mail on June 3, 2019. As on July 15, 2019, no response to the demurrer has been filed. By her Complaint, Plaintiff seeks to attack non-judicial foreclosure proceedings initiated by Defendants related to Plaintiff's property at 30781 Commercial Road, Visalia, California. Plaintiff purports to assert eleven (11) separate causes of action in ...

Excerpt: ...(d) states that: “The court may, upon motion of the injured party, or its own motion, correct clerical mistakes in its judgment or orders as entered, so as to conform to the judgment or order directed, and may, on motion of either party after notice to the other party, set aside any void judgment or order.” Here, default was entered against defendant N.D.R. Companies, Inc. also known as NDR Companies, Inc. doing business as Nationwide Outside...

Excerpt: ...ons; (2) To Sustain Defendants' Demurrer to All Causes of Action to Plaintiff's Second Amended Complaint, without leave to amend. (1) Plaintiff seeks further responses from Defendant Pixley Medical Clinic to Plaintiff's Request for Production of Documents. Defendant opposes the motion. Plaintiff's motion is denied as to requests numbered 1 through 4. Defendant's objections to the requests are sustained. The requests are vague and overbroad. The r...

Excerpt: ...Plaintiff shall also pay monetary sanctions to defendant's counsel under CCP §2023.030(a), §2030.300(d) and §2031.300(c) in the amount of $896.00 within thirty days from the date of this ruling. This is a personal injury action that arises out of a slip and fall accident. Defendant propounded discovery to plaintiff (interrogatories and an inspection demand) to determine the amount of medical expenses that plaintiff's health insurer Humana / Di...

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

Excerpt: ...FACTS Jose Lopez (defendant in Case VCL #189368 and the plaintiff in Case VCU #278623) was approached by Guadalupe Lopez and Nora Lopez (plaintiff in Case VCL #189368 and the defendants in Case VCU #278623) in the mid-1990's on numerous occasions to take over the mortgage payments and related expenses on property owned by Guadalupe and Nora Lopez that is located at 4154 Avenue 400, Dinuba, California. Jose contends that Guadalupe and Nora agreed ...

Excerpt: ...plaint (TAC) alleges that he properly paid his property taxes by delivering a packet of documents to the County (the “discharging instrument” packet). This packet of documents did not include cash or any of the other statutorily accepted ways to pay property taxes under the Revenue and Taxation Code. Ramsey's property was designated for auction, but before the property could be sold Ramsey paid the delinquent $14,264.46 balance in taxes owed ...

Excerpt: ...iff and Cross-Defendants' Motion to Strike Second Amended Cross-Complaint. (1) The allegations of the Second Amended Cross-Complaint are sufficient for purposes of pleading to assert delayed discovery of Cross-Defendants' changes in the business of California Citrus Producers, Inc. giving rise to claims asserted for breach of contract and breach of the covenant of good faith and fair dealing. The pleading asserts the changes took place in 2013, b...

Excerpt: ... Complaint; and (2) To Deny the Motion by Defendant Tri-County Medical Transport, Inc. to Strike Allegations of the Third Amended Complaint. Defendant shall file its answer to the Third Amended Complaint within fourteen (14) days of this order. As noted by the court in rulings on prior demurrers, Plaintiffs' complaint is largely a boilerplate form complaint which appears to have been designed for an action against a long term care facility. No ca...

Excerpt: ... General Partners LLC, and Guaranty Plus Properties, LLC (collectively the “Developer Defendants”) have agreed to accept the sum of $11,500.00 from cross-defendant Ladell in exchange for a release of all claims, including a waiver of Civil Code §1542 that would arise out of Ladell's work on the properties at issue in this action. The Developer Defendants have also agreed to release Ladell from all liability arising out of the work performed ...

Excerpt: ...amy Sidharaju first supplemental interrogatory and first supplemental request for production of documents, and order that the allegations and facts set forth in Requests 31 through 35 of plaintiff's second set of requests for admission to defendant Carrasco be deemed admitted. Defendant Carrasco shall provide a full and complete verified response without objection to plaintiff Krishnaswamy Sidharaju's first supplemental interrogatory and first su...

Excerpt: ...g. This $960.00 includes the $480.00 that this court imposed as a sanction in its April 9, 2019 order. This is a personal injury case that arises out of a motor vehicle accident. On April 9, 2019, this Court ordered plaintiff Elyse Rodriguez to provide full and complete verified responses without objection to defendant's first sets of form and special interrogatories and first inspection demand within 30 days from the notice date of that ruling. ...

Excerpt: ...ra, and Grey Tompkins with prejudice under CCP §581(f)(1). Plaintiff's Request for Judicial Notice is granted under Evidence Code §452(c) Defendants' request for Judicial Notice is also granted under Evidence Code §452(c). This action involves a dispute over three separate public works contracts between Plaintiff and Defendant County of Tulare. Plaintiff asserts it is due at least $637,512.99 under the contracts plus interest, costs, attorneys...

Excerpt: ...American Insurance Company's (Zurich) complaint against it is time-barred under the two-year limitations period provided for in Code of Civil Procedure section 339(l). TIG contends the complaint filed on September 26, 2018, was not timely because the underlying action was dismissed on August 19, 2016. In opposition, Zurich claims the limitations period began in October 2016, when it paid sums in the underlying lawsuit. A motion for judgment on th...

Excerpt: ...submitted as to the basis of the settlement amount for the court to make the merits evaluation required by Kullar v. Foot Locker Retail, Inc. (2008) 168 Cal.App.4th 116, 129. Plaintiff estimates a class of 380 members. The settlement agreement does not require class members to submit a claim to receive a distribution. Plaintiff provides no estimate of the total value of asserted wage and hour claims. Plaintiff should provide a detailed factual ex...

Excerpt: ...nse to this motion. This is a construction defense action based on the homeowners' alleged defects in homes in the South Cameron Creek and Olde Arbour development in Visalia. Defendant-Cross Defendant McMillin Homes was the developer and general contractor for these projects. McMillin hired subcontractors to perform the work on the homes in these project, including McClure Door, Inc. dba Central Valley Overhead who would supply and install garage...

Excerpt: ...e From Plaintiff to Defendant City of Tulare's Demurrer to Plaintiff Cramer's Complaint.” The court notes that the previous demurrer by the City of Visalia Defendants was sustained, with leave to amend on May 23, 2019. For purposes of a demurrer all properly plead facts and those reasonably arising by implication must be accepted as true. Couglas v. E. & J. Gallow Winery(1977) 69 Cal.App.3d 103, 114. An exception, however, is that the general r...

Excerpt: ... v. E. & J. Gallow Winery(1977) 69 Cal.App.3d 103, 114. An exception, however, is that the general rule is limited to those material facts properly pleaded, and does not apply to conclusions of fact or law. Moore v. Regents of University of California (1990) 51 Cal.3d 120, 125. For example, a bare allegation that an act is illegal, unlawful, unauthorized, wrongful, or fraudulent is a conclusion of law that need not be accepted as true. 4 Witkin, ...

Excerpt: ...15, the parties stipulated under a settlement agreement that provided for defendant to pay to Ford Motor Credit Company LLC the sum of $13,324.48 by periodic payments with an interest rate of 5.90% until the balance on this obligation is paid in full. At the time that FMCC brings this present motion the balance due on this debt is $8,929.77. Defendant defaulted under the terms of this stipulated settlement agreement on January 30, 2018. This sett...

Excerpt: ...ject of this action has not yet been surrendered to the defendants and/or why the terms of the settlement that is the subject of this motion have not yet been satisfied. This is a continued hearing from a motion that was originally calendared for hearing on May 21, 2019. The terms of the settlement that is the subject of this motion include an agreement that FCA US LLC would repurchase plaintiff's Jeep Cherokee. At this previous hearing, defendan...

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

Excerpt: ... zone when her vehicle collided with the plaintiffs' automobile as Mr. McCuistion was attempting to make a left turn. In the collision the plaintiffs' vehicle flipped over into an irrigation ditch, killing plaintiff Jayden McCuistion and severe injuring the other plaintiffs. Investigation that plaintiffs' counsel conducted revealed that there had been more than 35 accidents at the intersection where the accident happened (Route 140 (Lovers' Lane)...

Excerpt: ...nsel Tentative Rulings: (1) To overrule Defendants Chicago Title Company and Bertha Juarez's Demurrer to Plaintiff's Second Amended Complaint; (2) to grant Defendant Chicago Title Company's Motion to Strike Plaintiff's Second Amended Complaint as to Punitive Damages Allegations without leave to amend and to overrule Bertha Juarez's Motion to Strike Plaintiff's Second Amended Complaint as to Punitive Damages Allegations; and (3) to grant Plaintiff...

Excerpt: ...effery Burch Parlier, Co-Trustees of the Jeffery Burch Parlier and Deborah June Parlier 2007 Living Trust, Gregory Paul Westerling, and Cynthia A. Graves's (collectively plaintiffs) complaint for breach of the parties' real-estate sale contract asserts the complaint fails to state adequate causes of action. In particular, defendant argues plaintiffs have failed to show he breached the contract under the express terms of the parties' agreement. Fo...