Excerpt: ...ion. Deny the motion to strike. Facts Common to Both Motions The parties in this matter are certified public accountants who practiced as general partners in Bastire Edwards (the “Partnership”). Plaintiffs are Bret Bastrire and Anthony Montgomery. Defendants are Tad Edwards and Melissa Barber. First names are used herein to differentiate between the individuals and partnership. On or about December 13, 2021, Plaintiffs Bret and Anthony filed ...

Excerpt: ... for fraud, concealment, fraud in the inducement, violation of the Unlawful Business Practices Act, and rescission (a remedy, rather than a cause of action). The SACC additionally includes, for the first time, causes of action for breach of contract and breach of the covenant of good faith and fair dealing. Cross defendants generally demurrer to the entire SACC. Fraud The City alleges it approved a contract with CVRR in March of 2015 involving th...

Excerpt: ...ns Capital Management, Richard F. Seamans, Eleanor Mulvaney Seamans; to grant the motion as to Aequion, LLC; to order Defendants Seamans Capital Management, Richard F. Seamans, Eleanor Mulvaney Seamans file a responsive pleading no later than ten (10) days from this hearing; (2) To sustain the demurrer with leave to amend as to the tenth cause of action only. Background Facts Plaintiff sued Aequion, Inc. for various labor code violations, unfair ...

Excerpt: ...lder abuse committed against their parents, Billy J. and Lois Newsome, both of whom are now deceased. Robert additionally challenges a set of 2017 estate planning documents, including a trust purportedly established by Billy J.; a power of attorney appointing Billy J. as agent for Lois; and a deed transferring Billy J. and Lois's residence to the trust, executed by Billy J. individually, and on behalf of Lois as agent. Robert alleges his parents ...

Excerpt: ...nd costs, information in further support of Plaintiff's proposed enhancement award and proof of submission of the settlement to the LWDA. The parties need not file for a second time the moving papers and declarations that are already on file with the court. Accordingly, the motion to approve the settlement pursuant is preliminarily denied without prejudice. The hearing on this matter is continued to September 12, 2022 at 8:30 a.m.in Department 2 ...

Excerpt: ...ed at trial. Facts This is an unlawful detainer matter involving 619 S. Court #B Visalia, CA 93291. (“Subject Property.”) On May 26, 2022 the complaint was filed. On June 7, 2022, Plaintiff filed a proof of service indicating personal service on Defendant Jones occurred on May 28, 2022. On June 15, 2022, default judgment was entered in favor of Plaintiff. Also on June 15, 2022 the writ of possession was issued. The Court notes this is a failu...

Excerpt: ...e Tulare County Clerk as an elisor if the reconveyance is not signed during that time period. Facts This motion follows entry of judgment following the jury's verdict in favor of Plaintiff which found the obligation of Plaintiff to Defendants was usurious. Plaintiff is entitled to a credit of $5,684.00 paid in 2017 against the principal amount of $35,854.00 as found at trial. Defendants' cross‐complaint was dismissed via Plaintiff's motion for ...

Excerpt: ...ed. Sinclair is in the television broadcast business, and, as relevant to Milan's cross complaint at issue here, is the owner and operator of KBAK‐TV, a CBS Television affiliate and television news station in Bakersfield. Milan is a college that contracted with Sinclair for broadcast advertising in locations where Milan sought to acquire students, including Tulare County. Milan fell behind on its payment obligations and subsequently executed a ...

Excerpt: ...s of commencement. Facts This matter was filed originally by Chicago Title Insurance Company (“Plaintiff”) on April 12, 2016 against a number of defendants, including against named Defendant and moving party sued as Pauline Nguyen, also known as Paul Nguyen who has also used the name Brian Williams (“Nguyen.”) A proof of service was filed April 28, 2016 indicting service on Nguyen purportedly occurred on April 23, 2016 by substitute servi...

Excerpt: ...dividual later identified as Gustavo Garcia stole three boxes of 9mm ammunition from a Walmart store in Tulare, CA. The ammunition was stolen from a display case which the parties dispute was locked or otherwise required assistance to access. Plaintiffs allege that, on the following day of December 17, 2018, Gustavo Garcia murdered Rocky Paul Jones. The parties do not dispute Jones died as a result of a gunshot wound to the back, at the hands of ...

Excerpt: ...session. The Court notes a signed proof of service indicating service through mailing and posting occurred on April 18, 2022 as to the summons and complaint. The complaint notes service of the three‐day notice in support of the complaint on March 10, 2022. On May 17, 2022, default judgment was entered as to Defendant Jackson as to possession only and a writ of possession was issued. On June 13, 2022, Defendant filed a motion to set aside the ju...

Excerpt: ...il 1, 2022, Plaintiff moved this Court to deem admitted requests for admissions, set one, numbers 1 through 11. On May 10, the Court adopted its tentative ruling, deeming admitted the truth of each matter specified in requests for admissions numbers 1 through 11. These requests, now admitted, are as follows: “1. YOU admit that YOU applied for the credit card ACCOUNT with DISCOVER BANK. 2. YOU admit that YOU received a Cardmember Agreement, for ...

Excerpt: ...ied as Gustavo Garcia stole three boxes of 9mm ammunition from a Walmart store in Tulare, CA. The ammunition was stolen from a display case which the parties dispute was locked or otherwise required assistance to access. Plaintiff alleges that, on the following day of December 17, 2018, Gustavo Garcia murdered Rocky Paul Jones. The parties do not dispute Jones died as a result of a gunshot wound to the back, at the hands of another, and that Jone...

Excerpt: ...fendant and Judgment Debtor as “Maria Soto aka Laura M. Tapia aka Maria Delatoba Desoto.” The address identified is “1090 Hamlin Way Lindsay, CA 93247.” The total renewed judgment sought is $9,016.12. Moving Party, Espinoza, identifies herself in her motion as “Maria Guadalupe Delatoba Espinoza” and states she is not the named defendant in the judgment entered in this matter and “was never served with process.” (Declaration of Esp...

Excerpt: ...ount of $6,200 set to be paid with an initial payment of $1,700 and $300 monthly payments. This settlement occurred at the mandatory settlement conference on January 3, 2020. The Court kept the trial date of February 7, 2020 on calendar pending execution of the settlement agreement. The settlement agreement was not executed timely, the initial payment date was missed and the parties agreed to move the initial payment date to February 28, 2020. Ho...

Excerpt: ...hereby it was adjudicated that Plaintiff Luz E. Diaz‐Magana, Defendant Eduardo Diaz and Defendant Roberto Diaz respectively owned one third, as tenants in common, of 395 North Homassel Avenue, Lindsay, Tulare County, California, (hereinafter “Subject Property.”) It was determined that sale and division of proceeds would be more equitable than division in kind of the Subject Property. It was further determined that Plaintiff was appointed as...

Excerpt: ...pled only a cause of action against Watts for negligent interference with prospective economic relations. Jason Watts was the City of Dinuba engineer at the time of the November 27, 2019 rain incident. (Undisputed Material Fact (“UMF”) No. 1.) Plaintiff EFW's contract incorporates the terms of the Notice of Inviting Bids, Bid Proposal, Contract, Specifications, and Special Provisions (“Specifications”), which provide that EFW is liable fo...

Excerpt: ...of child abuse involving plaintiff. Plaintiff alleges related claims against the County for negligent hiring, supervision and/or retention of employees, and for negligence/negligence per se. Plaintiff moves for summary adjudication (1) as to “mandatory duties” owed by the County to plaintiff under provisions of the Welfare and Institutions Code, Penal Code and regulations of the California Department of Social Services; (2) as to “any affir...

Excerpt: ...ntract regarding a brokerage agreement entered into by the parties in 2019. Plaintiff alleges damages in the amount of $35,969.92. Plaintiff filed a proof of service of the summons and complaint on Defendant Food For Athletes, Inc, a corporation by substitute service. The proof of service, executed by a registered process server, indicates that, on August 4, 2021, the documents were left with “Jeff Doe” who was apparently in charge at 1147 N....

Excerpt: ...ing. The parties need not file for a second time the moving papers and declarations that are already on file with the court. Accordingly, the motion to approve the settlement pursuant is preliminarily denied without prejudice. The hearing on this matter is continued to August 18, 2022 August 18, 2022 in Department 7 at 8:30 a.m. Case management conference is likewise continued to August 18, 2022 in Department 7 at 8:30 a.m. 1. Sufficiency of Amou...

Excerpt: ...larta. (UMF No. 2.) The area where Plaintiff fell in front of the flower case was inspected by Mariela Almanza at approximately 6:01 p.m. on June 14, 2019, and there was nothing on the ground. (UMF Nos. 3, 4.) Plaintiff believes she fell because of water on the ground, but does not know how the water got on the floor or when the water was spilled on the floor. (UMF Nos. 5, 6, 7.) Plaintiff disputes that she did not believe Defendant or its employ...

Excerpt: ...wever, did not preliminarily approve the settlement due to an insufficient class notice period, issues with the additional enhancements to non‐named Plaintiffs, a lack of information as to attorneys' fees and costs presently incurred, information regarding a lack of conflicts of interest as to the unclaimed proceeds recipient, lack of notice to the LWDA and issues as to certification for purposes of settlement. Plaintiffs have submitted a suppl...

Excerpt: ... complaint to June 6, 2022 so that Plaintiff's counsel could file the motion and a declaration consistent with California Rule of Court 3.1324. On June 6, 2022, the Court noted that no supplemental declaration had been. On June 17, 2022, the Court held a case management conference and continued the motion to July 18, 2022. Counsel has now filed a supplemental motion and declaration as of June 27, 2022. Authority and Analysis Rule 3.1324 regulates...

Excerpt: ...April 20, 2022, Plaintiff had a “Notice to Terminate Tenancy” (“Notice”) that provided 60 days to surrender possession or until June 20, 2022. The Notice provides the names of Defendants, the address of the Subject Property, a description of the Subject Property, the date to surrender possession followed by the statement: “which is the last day of the rent period, and that on said day you be required by these presents to surrender the p...

Excerpt: ... notice to pay rent or quit was served on June 16, 2022 by personal service on Defendants, including moving party Silva. On June 29, 2022, the complaint was filed. On July 7, 2022, Plaintiff filed a proof of service of the complaint and summons indicating personal service on Defendant Silva occurred on July 1, 2022. On July 12, 2022, default judgment was entered, and the writ of possession was issued. On July 14, 2022, Defendant Silva filed this ...