Excerpt: ...salia, California 93292. The lease called for monthly payments of $1,200.00. Defendant has not paid this rent since May of 2019. The total arrears to date are $12,400.00. On or about September 24, 2019, plaintiff served by mail and posting a three-day notice to pay rent or quit under CCP §1161 et seq. When defendant did not respond to this three-day notice. plaintiff then filed this present action and served the summons and complaint on defendan...

Excerpt: ...is is an action for breach of contract and account stated that arises out of a contract between defendant and plaintiff's assignor Performance Dairy Service. The court's file indicates that plaintiff served defendant Kampen on July 5, 2019, at 6:08 p.m. at his Visalia residence address. However, defendant indicates in his declaration in support of this motion that because on July 5, 2019 he was at the bedside of a dying friend between 2:00 p.m. a...

Excerpt: ...tive Motion for Summary Adjudication as to all issues submitted; and (2) To Grant Plaintiffs' Motion to Compel Deposition Attendance and Production of Documents of Defendant's Most Knowledgeable and Custodian of Records, to Order Defendant to produce its person most knowledgeable and its custodian of records for deposition at the date, time, and location specified by Plaintiff on not less than five (5) days-notice, and to Order Defendant to pay t...

Excerpt: ...third motion for preliminary approval of class action settlement. Here, plaintiffs submit a supplemental brief and their counsel's declaration in response to the court's ruling of November 18, 2019, denying their second motion without prejudice. 1. Enhancement Award to Class Representative The court has re-reviewed the May 23, 2019 declarations of representative plaintiffs and now agrees with plaintiffs as to the amount of hours the representativ...

Excerpt: ...ton and Sam Bruce are overruled. This action is brought by Plaintiffs as representing current and former employees of Defendant working as “setters” or “finishers.” Defendant asserts that 97 of the potential class members have signed claim releases and are no longer part of this action. Defendant asserts a large number of the remaining potential class members did not work prevailing wage jobs or travel to jobsites and thus do not have ove...

Excerpt: ...ake 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 General Corp. (2007) 148 Cal.App.4th 97, 113. Thus, the court cannot take judicial notice of the contents of the plaintiff's complaint. Summary judgment is granted when no triable issue exists as to any material f...

Excerpt: ...s raised in this ruling. Plaintiff should not submit the entire motion and supporting documents a second time. 1. Sufficiency of Settlement Amount ($240,000.00) Sufficient information has been submitted for the to determine the settlement is fundamentally fair, reasonable, and adequate with reference to the public policies underlying PAGA. (O'Connor v. Uber Technols., Inc. (2016) 201 F.Supp.3d 1110, 1113.) Plaintiff asserted wage statement violat...

Excerpt: ...efendants. Plaintiff's pleading remains inadequate and is insufficient to state any claim. Plaintiff's current pleading fails to provide clarification and factual support for any claims he might have, deficiencies which have been pointed out to Plaintiff by the court in its prior rulings sustaining demurrers (rulings of April 30, 2019 and July 16, 2019). Plaintiff's pleading continues to consist of rambling legal conclusions with no or only parti...

Excerpt: ...for common counts is defective because plaintiff failed to allege whether the underlying contract is written, oral, or implied as required by Civil Procedure section 430.10(g). However, the essential elements of a common count are (1) statement of indebtedness in a certain sum; (2) consideration for the indebtedness; and (3) nonpayment. When these elements are plead in the complaint, the complaint cannot be challenged by general or special demurr...

Excerpt: ...e in the file indicates notice of the motion was adequate. No response to the motion has been filed within the time specified under CCP 437c(b)(2). In this action Plaintiff seeks to recover amounts claimed due on a credit card account. Defendants answered the Complaint by general denial with affirmative defenses. The evidence submitted by Plaintiff in support of its summary judgment motion is sufficient to establish that Defendants opened a credi...

Excerpt: ... Gregory, Donald D. Gregory, Paul C. Richter, III, and Clara O. Richter's (collectively defendants) property (0.45 acres) for a highway improvement project on State Route 137 at State Route 99 in the City of Tulare. The property is leased and improved with a single building that houses a warehouse and offices. In opposition, defendants assert the taking will create a hardship by potentially causing their lessee to terminate the lease as a result ...

Excerpt: ...ses (one which was filed in this county and the other case that has been transferred to this court by order of Superior Court of Los Angeles County). Both cases arise out of the same January 9, 2017 automobile accident on Conyer St. in Visalia, and the named defendants in both these cases are the same. CCP §1048(a) states that “When actions involving a common question of law or fact are pending before the court, it may order a joint hearing of...

Excerpt: ...d collectively as “DSCC”) Request for Judicial Notice is denied in part as to “Exhibit A” and granted as to “Exhibit B” under Evidence Code §452(d). Defendants' Request for Judicial Notice as to “Exhibit A” 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 orders from the Court that app...

Excerpt: ... of a landlord-tenant dispute as to whether leaseholder Pedro Castellano or landlord Jason C. Davis, Sr. is responsible for the cost of repair to return this apartment to the condition that it was in when Mr. Castellano signed this lease. The purpose of this lease was to house players from the COS football team. Mr. Castellano paid to Mr. Davis $1,675.00 as a security deposit. Before these football players moved into Mr. Davis's apartment, Messrs...

Excerpt: ...Service Corporation's demurrer to plaintiff's first amended complaint without leave to amend is procedurally and substantively without merit on multiple fronts. California Rule of Court 3.1113(a) provides 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 an...

Excerpt: ...nsfer of this action within 30 days from the notice of this ruling. Defendant Baker & Hostetler LLP's Request for Judicial Notice is granted as to Exhibits “A” and “B” of this defendant's request for judicial notice under Evidence Code §452(c) and §452(d). Plaintiff Tulare Local Health Care District is a public agency located in Tulare County. Defendants Parmod Kumar, MD, Linda Wilbourn, and Richard Torrez are residents of Tulare County...

Excerpt: ...f's third, fifth, and sixth causes of action are overruled. Defendants Planas and Saludes shall have twenty days' leave to answer the plaintiff's complaint. Defendant Kevin Planas' Request for Judicial Notice is granted under Evidence Code §452(h) OPERATIVE FACTS On April 2, 2015, plaintiff Connee L. Bantang (“Ms. Bantang), age 75, signed a quit claim deed that conveyed to defendant Kevin Planas (“Mr. Planas”) a one-half interest in real p...

Excerpt: ...r these cases shall be filed in case VCU 277037 as the lead case for this consolidated action. These cases shall also be set for a Status Conference on a date to be set by the Clerk of the Court. Proper notice of this motion was given to all parties. There has been no response to this motion. OPERATIVE FACTS These two actions that the defendants seek to consolidate arise out of the same traffic collision that occurred on March 4, 2017 on Road 60 ...

Excerpt: ...n. Plaintiff Definitive Staffing Solutions, Inc. seeks leave to file a Third Amended Complaint (TAC) to name TS Dynamic Corp. as a new defendant to this case based on responses to discovery that plaintiff recently received that indicate that TS Dynamic is a proper defendant to this action. TS Dynamic is another alter-ego entity of defendants Troy Sibel and Christopher Rangel. Information that plaintiff recently obtained indicates that TS Dynamic ...

Excerpt: ...es and entitled to recover attorneys' fees pursuant to Civil Code 1794(d). Plaintiffs seek a total of $49,895.05 in fees. Defendant opposes the motion asserting the fees requested are unreasonable and excessive under the circumstances of this action. Prior to litigation, Plaintiffs made a repurchase demand. Defendant responded with a demand to inspect the vehicle. It does not appear that either party engaged in many other reasonable efforts to re...

Excerpt: ...ion for preliminary approval of class action settlement. Here, plaintiffs submit their counsel Edwin Aiwazian's declaration in response to the court's ruling of June 17, 2019, denying their first motion without prejudice. 1. Sufficiency of Amount of Settlement ($1,300,000.00) Plaintiffs have now provided estimates of the total value of each of their claims and submitted the damages models used for their causes of action. The damages models appear...

Excerpt: ...dant Visalia Unified School District (VUSD). On demurrer, VUSD asserts plaintiff's FEHA claims are defective for failure to exhaust administrative remedies, failure to allege adequate adverse employment action, and failure to show harassment. A demurrer can only be used to challenge defects that appear on the face of the complaint or from matters properly judicially noticed. In Saxer v. Philip Morris, Inc. (1975) 54 Cal. App. 3d 7, 18, the court ...

Excerpt: ...rest on the judgment as provided by law, and the attorney fees and costs incurred to enforce this settlement agreement. All parties were given proper notice of this motion. The court has not received any response to this motion. This is an action arising around of a credit card obligation due and owing from defendant Kellie Neufeld to plaintiff American Express Centurion Bank. Plaintiff pleads causes of action for account stated, open book accoun...

Excerpt: ...eposit to be in full satisfaction of the obligations of California Republic Bank's under the court's order. The funds will remain on deposit subject to further order of the court and pending a determination of the appeal before the Fifth District Court of Appeals (Case No. F078689). No party is entitled to recover costs or attorneys' fees on this motion. The parties entered into a settlement agreement on the record in this court. Plaintiff subseq...

Excerpt: ... not submit the entire motion and initial declarations a second time. The class that is the subject of this case is as follows: “All persons employed by either of the Defendants, Sun Villaidence Opco, LLC or Lindsay Gardensidence Opco, LLC, in California in a non-exempt, hourly-paid employment position at any time during the time period from March 1, 2014 through the date of preliminary approval.” Insufficient information has been submitted a...

Excerpt: ... barred for failure to comply with tort claim presentation requirements and are time barred. Plaintiff's preliminary factual allegations are unchanged. Plaintiff asserts she was subject to sexual abuse while in high school and thereafter, 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. As in the First Amended Complai...

Excerpt: ...ot.” (italics added) Costs recoverable under §1032 are restricted to those that are both reasonable in amount and reasonably necessary to the conduct of the litigation [(CCP1033.5(c)(2) and (c)(3)] Costs “merely convenient to its preparation” are disallowed. See CCP §1033.5(c)(2); Ladas v. California State Auto. Association (1993)19 Cal.App.4th 761,774 This is an action for injunctive relief where defendant Christopher Renfro was the prev...

Excerpt: ...ement agreement that provided that judgment in the sum of $27,844.44 would not be entered against defendant Seth Schulz so long as he paid to plaintiff Ford Motor Credit Company the minimum monthly sum of $300.00 from September 20, 2017 through August 20, 2019, followed by the minimum monthly sum of $400.00 from September 20, 2019 forward until the balance due of $27,844.44, plus interest at 5.9% was paid in full. This settlement agreement also p...

Excerpt: ...e signs on the east side of northbound Highway 65 to advise drivers of a crosswalk in the area where the accident happened. These signs also had attached lights that flashed when someone presses the button to indicate that someone is trying to cross the roadway within the crosswalk. On Highway 65 north of Sequoia Avenue there were signs posted to control southbound traffic at a 35 mph speed limit, a sign to indicate a crosswalk is ahead, and an a...

Excerpt: ...esponse to the motion has been filed. Defendant Kaweah Delta Health Care District's (Kaweah) request for judicial notice is granted. Plaintiff Alma Tapia's complaint for malpractice and wrongful death alleges Kaweah acted negligently by failing to properly diagnose plaintiff's daughter with medical conditions, including an embolism, that caused her death. On summary judgment and adjudication, Kaweah contends plaintiff's complaint is barred becaus...

Excerpt: ...nt for Failure to Bring Action to Trial within 5 Years; and (2) To Deny the Motion by Cross- Defendants to Lift Discovery Stay as to Centex Homes' Cross-Complaint re: Crawford Damages These motions are brought by eight Cross-Defendants: Fenceworks, Inc.; McClure Door, Inc., Award Construction and Roofing, Inc.; Spence Fence Company; Ruben I. Tkacz; McClard Masonry Construction, Inc.; M&B Carpentry, Inc., and Lexington Insurance Company, obo Advan...

Excerpt: ...nt shall file his answer to the First Amended Complaint within ten (10) days of this order. Plaintiffs' action seeks damages for wrongful death/medical malpractice for treatment provided to Plaintiffs' decedent Dionicio Santillan. Plaintiffs also seek damages for emotional distress. Defendant demurs to Plaintiffs' First Amended Complaint asserting 1) Plaintiffs have improperly combined two separate claims – survivorship claims and wrongful deat...

Excerpt: ...t. Plaintiffs allege Defendant negligently flooded a roadway causing the subject accident resulting in the death of Margarito Hernandez Ortega. Plaintiffs Jose Luis Herndandez Rios and Maria Ines Ortega Aragon assert they are the dependent parents of the decedent. Plaintiff Maria Griselda Delgado Antuna asserts she is the putative spouse of the decedent and that the minor Plaintiffs, Adilene Hernandez Delgado and Alexander Hernandez Delgado are d...

Excerpt: ...Protective Order continued until the hearing on the application. Plaintiff contends he contracted with Defendants to handle his payroll services. Services to be provided by Defendants included taking funds from Plaintiff's account and depositing the funds with the IRS in satisfaction of Plaintiff's payroll tax obligations. Plaintiff alleges Defendants took funds from Plaintiff's account and failed to deposit the funds with the IRS leaving Plainti...

Excerpt: ...)). It may be an abuse of discretion to grant relief under Code of Civil Procedure Section 473 where there is unexplained delay of over three months before moving for relief. Huh v. Wang (2008) 158 Cal.App.4th 1406, 1421 n.4. Here, default was entered in this case on December 5, 2018, and the present motion was not filed until September 17, 2019. The six month requirement was not met. As such, the motion is untimely. Additionally, on the merits, ...

Excerpt: ...ct action where the plaintiffs have agreed to accept the sum of $500.00 from cross-defendant M & B Carpentry, Inc., in exchange for a release of all claims arising out of M & B Carpentry, Inc.'s work on a single home, located at 3732 Salle Street, Visalia. Plaintiffs have also agreed to release Centex Homes from all liability arising out of the work performed by M & B Carpentry, Inc. on the single home referenced in the settlement. CCP § 877.6 a...

Excerpt: ...n abstract of judgment was recorded on March 26, 2012 with the Los Angeles County Recorder's Office (Instrument #20120460349). Plaintiff assigned its judgment to Movant, WV Capital Ventures, LLC on or about August 6, 2019. An amended abstract of judgment was recorded on September 5, 2019 with the Los Angeles County Recorder's Office (Instrument #20190908861). Movant asserts the judgment remains unpaid. The amount claimed due consists of the princ...

Excerpt: ...ages. Defendant's demurrer to Plaintiff's original pleading was sustained with leave to amend on July 30, 2019. Plaintiff filed his First Amended Complaint on August 15, 2019. The FAC contains the same 2-page form Judicial Council Complaint for the same purported causes of action: recording a false document, slander of title, and wrongful foreclosure. Plaintiff has added copies of additional recorded documents and a document captioned “Memorand...

Excerpt: ...ons and complaint on defendant Anthony B. Contreras. The date of this purported service was September 10, 2018 at 8:33 p.m. and the address for this service was at 3905 S. Linda Vista St. Visalia, California 93277. Mr. Contreras does not dispute that he resided at this Linda Vista address on September 10, 2018 when the process server attempted personal service of the summons and complaint on Mr. Contreras. Plaintiff's Request to Enter Default was...

Excerpt: ...en January 15 and January 22, 2019, Ms. Rodriguez retained her present counsel. Ms. Rodriguez did not timely file a claim for damages against the Kaweah Delta Health Care District within the six-month period from the date of incident as required under the Government Claims Act (Government Code §912.4 and §945.4.) because her counsel was unaware that KDHCD was a public entity subject to a pre-litigation submission of a claim to KDHCD. On June 5,...

Excerpt: ...ion Settlement; and (3) Setting Hearing for Final Approval without prejudice. 1. Sufficiency of Amount of Settlement ($300,000.00) Insufficient information has been submitted as to the basis for the court to make the merits evaluation required by Kullar v. Foot Locker Retail, Inc. (2008) 168 Cal. App. 4th 116, 129. Plaintiff needs to provide specific factual information concerning the discussions between plaintiff and counsel, time records that w...

Excerpt: ...nt as per California Rule of Court 3.1113(l) Also, a Request for Judicial Notice can be granted only as to the extent of 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 orders from the Court that appear in the Court's file for this case, the Court denies plaintiff's request for judicial notice as to the contents of other d...

Excerpt: ...ff Tracy Lee Fannin (“Ms. Fannin”) Complaint Harassment Relief from Damages for Slander/Libel; (2) To deny Ms. Fannin's Motion to Oppose 1992-1995 False Court Report Claims and Court Reports and False Police Reports with Name or Similar Names; (3) To deny Ms. Fannin's Motion to Consolidate and Vacate/Reopen/Correct False Claim Documents, and to Seal File This motion arises out of mutual restraining orders that this court granted in 1995 in fa...

Excerpt: ... Torrez under a durable power of attorney (executed more than 2 years prior to the settlement). Plaintiff John Torrez III died on July 15, 2019 before the settlement was completed. Plaintiff Bernadette Torrez filed the current motion to enforce the terms of the settlement. Defendant Parmod Kumar, M.D. opposes the motion. Defendant asserts the settlement cannot be enforced because it was not signed by Plaintiff John Torrez III. (Levy v. Superior C...

Excerpt: ...rincipal sum of $25,600.98 Plaintiff's complaint pleads causes of action for the common counts of account stated and open book account. Defendant Meyerstein's answer to Bank of America's complaint does not contest any of the allegations raised in the plaintiff's complaint, nor raise any affirmative defenses to the causes of action set forth in Bank of America's complaint. The extent of Mr. Meyerstein's answer to the plaintiff's complaint is limit...

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 ($4,000,000.00) The gross settlement amount is $4,000,000.00 which was agreed to by the parties at mediation. Plaintiff estimates the total number of class members is 4,500. Plaintiff's investigation of Defe...

Excerpt: ...s accident, the parties were required to obtain a court order to approve the settlement that the parties reached to resolve this case. The parties agreed in this settlement agreement that the provisions of this agreement (most specifically the financial details) were intended to be kept confidential to avoid the substantial and severe prejudice would inure to the defendant Student Transportation of America in pending and subsequent actions where ...

Excerpt: ...d to be filed in Fresno County, but due to an inadvertent error in the office of plaintiff's counsel, the summons and complaint for this case were mailed to this court. The correct venue for a breach of contract action is in the county where the defendant resides or where the contract was entered into or to be performed. See CCP §395(a). Where the county where the action was originally commenced is not the proper court for the case, the court sh...

Excerpt: ... plaintiff and defendants are directed to coordinate with plaintiff Lopez a mutually convenient date and location for him to deposed (either personally or via video) that is no later than within ten days from the date of this ruling for this motion. Plaintiff Ludvin Gonzalez Lopez shall also pay mandatory monetary sanctions to defendants' counsel in the amount of $1,060.00 as required under CCP §2023.010, §2023.030(a) and §2025.450(g)(1) withi...

Excerpt: ...d to sign the form of judgment lodged by Plaintiff. Proof of service in the file indicates notice of the motion was adequate. No response to the motion has been filed. This is an action to collect amounts claimed due from Defendant on a credit account. Defendant filed an answer on December 20, 2018. By its motion, Plaintiff contends the answer is insufficient to controvert the claims in the complaint and insufficient to state any defense. Defenda...

Excerpt: ...rogatories, set two, and request for production of documents set two. Plaintiffs Humberto Sanchez, Emily Sanchez, Nery Carina Pena, and Maria Lopez shall each provide full and complete verified responses to these interrogatories and inspection demand without objection within thirty days from the service of the notice of this ruling. Plaintiffs shall also pay monetary sanctions in the amount of $750.00 to defendant's counsel within thirty days aft...

Excerpt: ...rchase of a new 2012 Dodge Ram vehicle in April 2013. On demurrer, defendant FCA US LLC (FCA) contends the second cause of action for breach of implied warranty is time-barred and the fourth cause of action for fraudulent inducement- concealment is precluded by the economic loss rule. The court agrees. As to breach of implied warranty, a claim accrues when the breach occurs regardless of a party's knowledge. (Com. Code § 2725(b).) The statute of...

Excerpt: ...uest for judicial notice is granted. Plaintiffs Albert V. Tayo and Mavelin E. Tayo's (collectively plaintiffs) complaint for violations of the California Homeowners' Bill of Rights seeks to prevent Bank from pursuing non-judicial foreclosure of a lien against their property. Bank's motion for judgment on the pleadings asserts all of plaintiffs' claims fail as pled. As noted by Bank, a motion for judgment on the pleadings is properly granted if th...

Excerpt: ...e with reference to the public policies underlying PAGA. (O'Connor v. Uber Technols., Inc. (2016) 201 F.Supp.3d 1110, 1113.) Plaintiff claims the gross settlement amount of $270,000.00 is fair and reasonable for the 1,140 employees who worked during the PAGA period (June 18, 2017 to date of approval of settlement). But, there is no estimate of the total value of their asserted wage and hour claims and the basis for the estimate. Plaintiff needs t...

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

Excerpt: ...ber 6 and overruled in all other respects. Defendant's objections to the Declaration of Robert B. Moeller are overruled. Defendant's objections to the Declaration of Chuck Stokke are overruled. Defendant's suggestion that Plaintiff is now asserting two new unpled claims for failure to warn and for failure to provide testing is not persuasive. The assertions by Plaintiff are sufficiently related to Plaintiffs claims including claims of misrepresen...

Excerpt: ...JT2, Inc. to Transfer Venue. To Grant the motion by Fidelity and Deposit Company of Maryland to Transfer Venue and to order this action transferred to the Kings County Superior Court. Plaintiff shall be responsible for all costs and fees associated with the transfer. Transfer fees are payable within thirty (30) days of this order. (3) There is no ruling on the Motion by Defendant Park Associates, Inc. to sever All Claims Concerning the Earlimart ...

Excerpt: ...ildren of decedent Brittany Ibarra. Defendant Luis Gustavo Osejo was the driver of the other vehicle involved in the accident. Based on Mr. Osejo's fleeing from the scene of this motor vehicle accident, a criminal complaint was filed against him that charged him with felony homicide. Mr. Ojedo now seeks a stay of this civil action pending the resolution of this criminal case so as to preserve his Fifth Amendment right against self-incrimination. ...

Excerpt: ... judicial notice but denied as to Exhibit A. Except for orders from the Court that appear in the Court's file for this case, the Court denies request for judicial notice as to the contents of plaintiff's third amended complaint and other documents in the Court's file for this action as inadmissible hearsay. See Day v. Sharp (1975) 50 Cal.App.3d 904, 914; Fremont Indemnity Co. v. Fremont General Corp. (2007) 148 Cal.App.4th 97, 113. The court may ...

Excerpt: ...s Motion to Continue Trial Date and Related Dates. Tentative Ruling: (1) and (2) to Grant Defendant's Motions to Compel, in part, and to order witness Central Valley Regional Center to produce to Defendant all documents in its possession responsive to Defendant's Deposition Subpoena for Production of Business Records issued April 17, 2019 and to order witness Tulare County Health and Human Resources to produce to Defendant all documents in its po...

Excerpt: ...itch to the City of Visalia. Defendant Tulare Irrigation District (TID) is a shareholder. On December 27, 2016, Lake Kaweah underwent a flood release. As the result of this flood release, water released in the lake began to encroach on EDC's storage space. By December 31, 2016, EDC's water at Lake Kaweah was released in river channels or was diverted on the river system, causing EDC to lose water. On December 31, 2016, Marc Crenshaw, Watermaster ...

Excerpt: ...sion, Inc.'s motion to strike without leave to amend. Plaintiff's Request for Judicial Notice as to Exhibits “A” and “B” is granted only as to the date of filing of those documents on file with the Court for Case # VCU 271734 and as to minute orders and other orders for that case that appear in the Court's file for that case. Except for orders from the Court that appear in the Court's file for case # VCU 271734, the Court denies plaintiff...

Excerpt: ... sustained with leave to amend. On August 21, 2019 Plaintiffs filed a Second Amended Complaint. Defendant's current demurrer followed. Plaintiffs have attempted to address pleading deficiencies by naming two Plaintiffs (instead of one) and by an apparent attempt to focus their claims arising from acts which occurred in 2015. It remains unclear what relief or damages Plaintiffs are claiming. On the face of the pleading, Plaintiffs' claims remain t...

Excerpt: ...ately 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 happe...

Excerpt: ...pproval of Class Action Settlement, Conditional Certification of Settlement Class, Approval of Class Notice Package, Approval of Plaintiff's Payment, Appointment of Class Counsel and Settlement Administrator, and Setting of Final Approval Hearing. 1. Sufficiency of Amount of Settlement ($420,000) Insufficient information has been submitted as to the basis for the court to make the merits evaluation required by Kullar v. Foot Locker Retail, Inc. (...

Excerpt: ...earance by any party. At the hearing on the writ petition held January 24, 2019, the court adopted its tentative ruling denying the petition. Petitioner seeks reconsideration of the court's ruling. Although Petitioner seeks to characterize his motion as containing new facts, the motion and supporting documents are a restatement of arguments raised by Petitioner in his petition and in his reply to the opposition to his petition. No new facts or la...

Excerpt: ...tervenor Fernando Aguirre (“Intervenor”) class action seeks recovery from defendant Calftech Corporation for various alleged wage and hour violations. The parties participated in mediation and reached an agreement to settle intervenor's class claims. The class consists of 225 former employees of defendant who worked for the defendant from August 5, 2012 to January 18, 2019. The gross settlement amount is $500,000.00. If all of intervenor's re...

Excerpt: ...ful action arising out of the death of decedent Lorna McIntryre. Plaintiffs contend that Mrs. McIntrye died as the result of negligent medical treatment that the defendants provided to Mrs. McIntrye Defendant Linda Herman MD now moves the court for summary judgment on two grounds: (1) she argues that the applicable statute of limitation as to Dr. Hernan expired at best on January 14, 2018 and plaintiffs did not perfect their claim against her or ...

Excerpt: ...sufficient to establish there remain triable issues of material facts concerning the extent of needed repairs, the causes of problems giving rise to the need for repair, and notice to Plaintiff of the need for repair. Under the circumstances the court cannot conclude Defendant is entitled to judgment as a matter of law and the motion must be denied. If no one requests oral argument, Plaintiff shall submit a proposed order in compliance with CCP s...

Excerpt: ...all appearances will be permitted. Counsel should be prepared to present detailed documentation to support all cost claims including amounts, purpose, when incurred, and statutory authority permitting the cost claim. In addition, counsel should be prepared to present a spreadsheet containing the details of the requested cost calculations under CCP 998. (1) Plaintiff's Motion for New Trial. Although the case was filed as an unlimited civil proceed...

Excerpt: ...cted 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 Deutschmann v. Sears, Roebuck & Co. (1982) 132 Cal.App.3d 912, 915 Propose...

Excerpt: ...4) days of this order. For purposes of assessing the sufficiency of a demurrer, the court is to assume the truth of all well- pleaded facts. (Blank v. Kirwan (1985) 39 Cal. 3d 311, 318; CCP 430.30.) The court will accept as true all facts that may be implied or inferred from those alleged. (Marshall v. Gibson, Dunn & Crutcher (1995) 37 Cal. App. 4th 1397, 1403.) The court “‘is to determine whether the pleaded facts state a cause of action on ...

Excerpt: ...iling their action. Plaintiffs acknowledge their First Amended Complaint does not and cannot yet assert compliance with the tort claim requirements. In their opposition, Plaintiffs state they are in the process of complying with the statute. Leave to amend is to be liberally allowed. As Plaintiffs may be able to state new facts sufficient to cure the pleading deficiencies, leave to further amend is granted. If no one requests oral argument, under...

Excerpt: ...ird Cause of Action in the First Amended Complaint, with leave to amend. Plaintiff shall file any amended complaint as to the third cause of action within ten (10) days of this order. If no amendment is filed within the time specified, Defendant shall have 15 days thereafter to answer the complaint on the remaining causes of action. In their First Amended Complaint, Plaintiffs have asserted sufficient facts to state a claim for negligent supervis...

Excerpt: ... County employee operating an automobile owned by Tulare County. As such, Ms. Gomez's government claim for damages had to be filed with Tulare County no later than six months forward, or August 7, 2018. But neither Ms. Gomez or the attorneys she retained (the Maison Law Group) timely submitted a government tort claim to Tulare County. The insurance carrier for Ms. Gomez (Infinity Insurance) filed a claim with Tulare County for property damage on ...

Excerpt: ...ed responses without objection to plaintiff's first inspection demand within twenty days from the notice of this ruling; (2) Plaintiff's motion for requests for admissions be deemed admitted is granted. The facts and allegations identified in plaintiff's request for admissions 1-28, Set One to defendants Mary D. Jones and Brenda Holley shall be deemed admitted. (3) Plaintiff's motion to compel responses from defendants Mary D. Jones and Brenda Ho...

Excerpt: ...e service of the moving papers for this motion on the plaintiff. The Court has not received any response to this motion. The supporting declaration of attorney Arelia O. Keller indicates that the plaintiff Timothy Eggleston has refused to cooperate with his counsel in the prosecution of his case, and has failed to respond from repeated inquiries Ms. Keller's office to contact them to assist them in the management of their case. But Ms. Keller's d...

Excerpt: ...plaint Tentative Rulings: (1) To Overrule the Demurrer by Defendants Dynamic Insurance Solutions, Inc., Dynamic Integrated Systems Solutions, Inc., and Troy Sibel to Plaintiff's Second Amended Complaint as to all causes of action and (2) To Deny the Motion by Defendants Dynamic Insurance Solutions, Inc., Dynamic Integrated Systems Solutions, Inc. and Troy Sibel to Strike Portions of Plaintiff's Second Amended Complaint. Defendants shall file thei...

Excerpt: ...tial lease. Fortune filed its complaint in this action on February 27, 2018 after serving Mr. Garcia with a 60-day notice to quit on December 11, 2018. Plaintiff's complaint does not identify any past rent due from Mr. Sabian. Plaintiff only seeks monetary damages in the amount of $36.66 per day for the fair rental value of the property. Mr. Sabian's demurrer is based on his contention that plaintiff inaccurately served him with the notice to qui...

Excerpt: ...tion that the vehicle was towed at the request of the Visalia Police Department and that the tow was improper. The court notes that a summons was recently issued in this action on January 31, 2019 and no party defendants have appeared. It does not appear that R&R Towing is a party to this action. Plaintiff's application is procedurally deficient. Plaintiff has failed to adequately describe the vehicle in which he claims an interest. No license nu...

Excerpt: ... paid Defendant $3,400,000.00 prior to any crop sales. Plaintiff asserts sales were less than the amount paid to Defendant and asserts Defendant is required to repay Plaintiff the sum of $499,631.37. Plaintiff's complaint is for breach of contract and related common counts. Defendant demurs asserting any written agreement contains no obligation for Defendant to pay any amount to Plaintiff and asserts to the extent there is any separate oral agree...

Excerpt: ...ute orders and other orders for this case that appear in the Court's file. Except for orders from the Court that appear in the Court's file for this case, the Court denies Defendant's request for judicial notice as to the contents of other documents in the Court's file for this action as inadmissible hearsay. See Day v. Sharp (1975) 50 Cal.App.3d 904, 914; Fremont Indemnity Co. v. Fremont General Corp. (2007) 148 Cal.App.4th 97, 113. OPERATIVE FA...

Excerpt: ...this hearing and file a proof of service with the court. 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 that is at issue in this motion. 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...

Excerpt: ... attorney fees. Plaintiff Eden Produce Co., Inc. shall pay the sum of $24,339.32 in attorney fees and costs within 30 days from notice of this ruling. Both motions were properly and timely noticed. There has been no response to either motion. Motion to be Relieved as Counsel ‐Civil The Court finds that moving party attorney Leonard C. Herr and Herr, Pedersen, & Berglund LLP have complied with the provisions of California Rule of Court 3.1362 an...

Excerpt: ...alleged wage and hour violations. The parties participated in mediation and reached an agreement to settle plaintiff's class claims. The class consists of 575 current and former employees of Defendants. The gross settlement amount is $750,000.00. If all of plaintiff's requested deductions are approved, the net settlement for distribution to class members would be $450,000.00 Plaintiff has not submitted sufficient information for this court to mak...

Excerpt: ...ns of the Third Amended Complaint (Erroneously Entitled “Second” Amended Complaint); (5) Defendant Jose Romo's Demurrer to the Revised Third Amended Complaint; and (6) Defendant Jose Romo's Motion to Strike Portions of the Revised Third Amended Complaint Tentative Rulings: (1) To sustain Defendants Allstate Insurance Company and Joe Mabee's Demurrer to Third Amended Complaint without leave to amend; (2) to grant Defendants Allstate Insurance ...

Excerpt: ...though Plaintiff asserts a number of the submitted facts are disputed, Plaintiff submits no evidence or case authority to support her assertions. As a result, the majority of Defendant's submitted facts are undisputed. 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 b...

Excerpt: ...ay his overdue property taxes by giving various documents to the Tulare County Tax Assessor. Plaintiff identifies these documents in his complaint as “the discharging instrument packet.” But plaintiff's amended complaint does not state that the documents in this packet included cash on any of the other statutorily acceptable procedures required to pay his property taxes. Mr. Ramsey also asserts in his complaint that the defendants were requir...

Excerpt: ...resolution of the litigation in the Kern County Superior Court action Dave Meza v. Pacific Bell Telephone Co., Case Number BCV-15101572. Defendant shall file its answer to the Corrected First Amended Complaint within ten (10) days of this order. Defendant asserts Plaintiff's action is barred due to a prior certified class action pending in Kern County Superior Court against Defendant in which Plaintiff is a class member and which asserts the same...

Excerpt: ...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, Cal. Procedure (4 th Ed. 1997) Pleading sec...

Excerpt: ...zalez Lopez and a 2007 flatbed freight vehicle driven by defendant Jose Manuel Carrillo. Plaintiff filed his complaint on June 29, 2018. At the time of the accident, defendant Carrillo was acting in the course and scope of employment with defendant Ramco Enterprises, LP. Defendant Carrillo states in his declaration that the plaintiff's summons and complaint for this action was first accidently served on his father Jose Maria Carrillo and subseque...

Excerpt: ... 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 General Corp. (2007) 148 Cal.App.4th 97, 113. The court has considered the response in this matter despite moving party's contention it was untimely. Defendant had adequate time to review the re...

Excerpt: ...or Summary Adjudication, in part Defendants Domingo Sustaita, Villa Park Trucking, Inc., and Young's Commercial Transfer, Inc. (collectively defendants) seek summary judgment of decedent Bonifaco Magana's heirs' (collectively plaintiffs) complaint on grounds that Sustaita allegedly did not breach a duty of care to decedent or plaintiffs. Alternatively, defendants request summary adjudication of plaintiffs' claims for negligent entrustment, hiring...

Excerpt: ...Institute, Inc. for Summary Judgment as to all causes of action asserted against moving Defendants; and (2) To Grant the Motion by Defendant Sequoia Surgery Center, LLC for Summary Judgment as to all causes of action asserted against moving Defendant. The Request for Judicial Notice by the Frank Feng, D.O. Defendants is granted. Plaintiffs' objections to the declaration of Timothy Watson, M.D. are overruled. Plaintiffs' objections to the declarat...

Excerpt: ... Alternative, Limiting the Depositions of Current and Former Out-of- State Employees. The parties are directed to meaningfully meet and confer in good faith to resolve this discovery dispute. If unable to resolve, the parties are directed to personally appear at the hearing for this discovery motion. No Court Call will be permitted for the hearing on his motion except to advise the court that this discovery dispute has been resolved. PLAINTIFF'S ...

Excerpt: ...surance Company, and Applied Risk Services, Inc.'s Demurrer to Plaintiff's Complaint with leave to amend as to the first cause of action for fraudulent inducement and without leave to amend as to the second cause of action for tortious breach of the implied covenant of good faith and fair dealing. Plaintiff Picar Farm Labor, Inc.'s complaint alleges defendants Applied Underwriters, Inc., Applied Underwriters Captive Risk Assurance Company, Inc., ...

Excerpt: ...ed. Defendants seek to amend their answer to add an affirmative defense of offset for amounts they claim are due and owing for legal services provided to plaintiffs Michael P. Owens and Melanie D. Owens (collectively plaintiffs.) Plaintiffs claim the amendment should be denied as untimely and prejudicial. Courts are bound to apply a policy of great liberality in permitting amendments to pleadings “at any time stage of the proceedings up to and ...

Excerpt: ..., 2017; and to Order Petitioner recover from Respondent Robert Hart reasonable attorneys' fees and costs in the total sum of $3,500.00. The Petition is sufficient to establish Petitioner is the owner of real property commonly known as 800 W. Acequia, Visalia, California 93291. In conjunction with his complaint filed against Petitioner, Respondent Robert Hart caused a Mechanics' Lien Claim to be recorded with the office of the Tulare County Record...

Excerpt: ...' Amended Complaint as to all causes of action, with leave to amend; and (2) To Grant the Motion by Defendant Tri-County Medical Transport, Inc. to Strike Allegations of Plaintiff's Amended Complaint and to strike paragraphs 14 and 16 of the Amended Complaint and to strike paragraphs 2, 3, and 4 of Plaintiffs' prayer for relief, with leave to amend. Plaintiffs shall file any amended pleading within ten (10) days of this order. Defendant's objecti...

Excerpt: ... court is to assume the truth of all well- pleaded facts. (Blank v. Kirwan (1985) 39 Cal. 3d 311, 318; CCP 430.30.) The court will accept as true all facts that may be implied or inferred from those alleged. (Marshall v. Gibson, Dunn & Crutcher (1995) 37 Cal. App. 4th 1397, 1403.) The court “‘is to determine whether the pleaded facts state a cause of action on any available legal theory.' [Citation.]" (Richelle L. v. Roman Catholic Ar...