Excerpt: ...clarations that are already on file with the Court. Accordingly, the motion to approve the settlement pursuant to the Private Attorney General Act of 2004 is preliminarily denied without prejudice. The hearing on this matter is continued to March 3, 2022 at 8:30 a.m.in Department 1 of this court. Case management conference is likewise continued to March 3, 2022 at 8:30 a.m. in Department 1. 1. Sufficiency of Amount of Settlement (Net Estimated: $...

Excerpt: ...ment consisting of a right of way over a 20‐ foot‐wide strip of land (the “Easement Area.”) Half of the Easement Area, 10 feet, is located on the southside of the Blankenship Property. The remaining 10 feet of the Easement Area is located on the northside of the property located at 14200 Avenue 328 #A in Visalia owned by Defendants and Cross‐Complainants Richard and Jana Creegan (“Creegans.”) The Blankenships move for a preliminary ...

Excerpt: ... Ashland Avenue, number 22, Lindsay, California 93247 (the “Property.”) Defendant Guadalupe Bedolla was served with a summons and complaint on November 23, 2021 pursuant to the filed proof of service. Default judgment was entered against Defendant and a writ of execution was issued on December 3, 2021. Defendant then obtained legal representation on December 11, 2021 and filed this Motion on December 14, 2021. Defendant's declaration filed wi...

Excerpt: ...plaint ¶ 6.a.(1), (2).) The lease was entered into January 1, 2021. (Complaint ¶ 6.a.) Defendants are alleged to have failed to pay the rent due on December 1, 2021 for the period December 1, 2021 through December 31, 2021. (Complaint – Exhibit 2.) A three day notice to pay rent or quit was served December 8, 2021. (Complaint – Exhibit 2.) Plaintiff filed this action on January 3, 2021. The Mandatory Cover Sheet and Supplemental Allegations...

Excerpt: ...hat appears to be evidentiary material for consideration that goes beyond the four corners of the Complaint. A first responsive pleading is typically an answer, demurrer, motion to strike, motion to quash, motion to change venue, or other motion attacking the four corners of the complaint or other initiating documents. While the Court makes no finding as to the merits or weight of the attachments, the Court's review indicates they are exhibits wh...

Excerpt: ...ngs: To deny Defendant's Motions (1) Requests for Admissions Set No 2, Nos. 43‐71; (2) Special Interrogatories Set No. 2 Nos 1‐79; (3) Production of Documents. To deny any award of sanctions. The remaining motions are off‐calendar. Facts Pursuant to the Court's Minute Order dated December 20, 2022, discovery motion hearing dates reserved for January 27, 2022 were modified to be reserved January 13, 2022. Defendant Calderon filed “Motion t...

Excerpt: ...y distress and resulting in an early delivery on June 30, 2020. Plaintiff suffered these injuries after her mother's exposure to COVID‐19. Plaintiff alleges that her mother was exposed to and contracted COVID‐19 while in the course and scope of her employment. Plaintiff alleges that Defendants were negligent and engaged in negligent hiring, training and supervision which proximately caused her damages. Plaintiff seeks economic and non‐econo...

Excerpt: ...consisting of Form Interrogatories, Special Interrogatories, Requests for Admissions and Requests for Production of Documents to Plaintiff in June of 2021. Plaintiff provided no responses by the due date. Defendant reached out to counsel for Plaintiff, providing an extension to August 4, 2021. Plaintiff provided no responses by the extended due date. On August 30, 2021, Defendant filed a motion to compel responses to Form Interrogatories, Special...

Excerpt: ... pistachio orchard owned by defendants assigned Tulare County Assessor's Parcel Numbers 319‐150‐009. This property that the FWA seeks to acquire is needed for repair of the Friant‐Kern Canal. The Canal is operating at diminished capacity and this project seeks to restore the Canal to its optimal capacity. This property the FWA seeks consists of fee interests in land planted with pistachio orchards and included irrigation systems. The projec...

Excerpt: ...hallenged the validity and issuance of building permits and certain land use approvals by respondent Tulare County Resource Management Agency incident to expansion of Touchstone's pistachio processing plant. Section 1021.5 permits an award of attorney fees to a prevailing party “in any action which has resulted in the enforcement of an important right affecting the public interest if: (a) a significant benefit … has been conferred on the gene...

Excerpt: ...court trial in this home construction contract matter. The Court's Judgment of November 8, 2021 awarded Plaintiff $201,576.91 in damages against Defendants for breach of contract and breach of California's prompt payment statute under Civil Code section 8800. The Court's Judgment determined Plaintiff as prevailing party and awarded attorneys' fees. Plaintiff bases its Motion on the attorneys' fees provision in Paragraph 27 of the contract between...

Excerpt: ...ees of Defendant Sierra View Medical Center. (Complaint at Paragraphs 7, 9.) Plaintiff sued under theories of negligence, respondeat superior, professional negligence/medical malpractice and negligent infliction of emotional distress. Defendant Sierra View Medical Center (“SVMC” or “Defendant”) moves for summary judgment that Plaintiff cannot prove a breach of the standard of care as to medical malpractice/professional negligence cause of...

Excerpt: ...lowed a dog to escape a backyard by bursting a pipe in the backyard of the property owner, taking down the side fence to allow access to the backyard, and failing to replace the fence once work for the evening had ended, allowing the dog to freely leave the backyard and attack Dallas See. The owner of the home was aware that the tenants were in possession of a dangerous dog and allowed the dog to remain on the property.” (Complaint, p. 4) Defen...

Excerpt: ...t on the record at the MSC. The parties then memorialized the terms of the settlement, including resolution of a related unlawful detainer matter, in a Settlement and Release Agreement (“Agreement.”) The Agreement required Plaintiff to pay to Defendants the sum of $43,000, via an escrow with all fees paid by Plaintiff and Plaintiff was required to satisfy the existing mortgage on the Property which was approximately $10,000 and all mortgage p...

Excerpt: ...rried to his former spouse (not party to this litigation), and in the process of dissolving that marriage, defendant and plaintiff made arrangements to acquire a residence property in Kingsburg “with the mutual intention of and mutual understanding between the parties that it would be plaintiff's forever home.” The property was purchased, with defendant solely on title, in part through $200,000 in funds loaned by plaintiff's father, and an ad...

Excerpt: ...ll categories identified in Plaintiff's Amended Notice of Deposition of the Person Most Knowledgeable for FCA US, LLC and Demand to Produce Documents at Deposition (“Notice of Deposition”), and (2) striking Defendant's objections and compelling Code‐ compliant responses and production of all responsive documents requested by Demand Nos. 4, 14, 15, 17, 20, 24, 31, 32, 34, 37, and 41 (collectively, the “Demands”) in the Notice of Depositi...

Excerpt: ...n October 14, 2021 (after adding five days for mailing) with respect to post judgment costs incurred within the last two years in the amount of $922.50. The Memorandum of Costs also indicates that the remaining principle balance due is $5,355.15 and the accrued interest remaining due is $2,681.87. Defendant Leyva filed, on November 5, 2021, a “Strike or to Tax Costs (Objection to Memorandum of Cost and Declaration of Accrued Interest).” Defen...

Excerpt: ... a complaint to quiet title and adverse possession (the “Quiet Title Case”) on November 5, 2021 against Hixon, and served Hixon by mail on November 11, 2021. Hixon has not yet appeared in this matter in any fashion. This quiet title claim stems from Adamson's alleged 23‐year residence on the property at 33449 Road 220, Woodlake, CA 93286 (the “Property.”) Hixon, as plaintiff in the unlawful detainer action, Case No. VCL200387, (the “U...

Excerpt: ... declarations that are already on file with the court. Accordingly, the motion to approve the settlement pursuant to the Private Attorney General Act of 2004 is preliminarily denied without prejudice. The hearing on this matter is continued to February 8, 2022 at 8:30 a.m.in Department 7 of this court. Case management conference is likewise continued to February 8, 2022 at 8:30 a.m. in Department 7. 1. Sufficiency of Amount of Settlement (Net Est...

Excerpt: ...tion. Plaintiff was born September 7, 2019. Plaintiff seeks economic and non‐ economic damages. Plaintiff states that all essential parties have been served in this action. Plaintiff alleges that Child Welfare Services Division for Tulare County ("CWS") had an open referral concerning the child at the time, yet there is no indication any investigation was ever performed. Plaintiff moves the Court, under California Code of Civil Procedure sectio...

Excerpt: ...ust cause. (Civ. Code, § 1946.2.) Subdivision (a) of Civil Code section 1946.2, part of the Tenant Protection Act of 2019, states, in part, that, “[n]otwithstanding any other law, after a tenant has continuously and lawfully occupied a residential real property for 12 months, the owner of the residential real property shall not terminate the tenancy without just cause, which shall be stated in the written notice to terminate tenancy.” In pla...

Excerpt: ...earances will be required and the Court will grant the motion and order the default to be set aside. Facts This is a breach of contract action that arises out of defendant Elias Camacho Lopez's failure to reimburse plaintiff Budget Rent A Car System for damage done to a vehicle that Mr. Lopez rented from Budget. The Court notes that this matter was filed May 26, 2020, request for default was entered September 8, 2020, the Court denied a prior mot...

Excerpt: ...ristopher Stalcup (“Plaintiff”) filed this action for medical malpractice against Kaweah Delta Health Care District (“KDHCD”) and a number of surgeons and treating physicians, including Moving Party Defendant Dr. Abdul Rahman Hamdi (“Dr. Hamdi”). Plaintiff alleges the negligent failure to evaluate, treat, monitor, care for and/or diagnose Plaintiff's injuries resulting from a motorcycle accident, resulting in the development of compar...

Excerpt: ...2, 2021. Prospective Intervenor Loya Casualty Insurance Company (“Loya”) is Defendant's insurance carrier that provided an automobile insurance policy to Defendant in effect on the date of the subject accident. Loya brings this Motion to Intervene after diligent efforts to locate and discuss the case with its insured, Defendant. However, Loya has been unable to make contact with Defendant in order to obtain an authorization to file an answer ...

Excerpt: ...nfer to address the disputed matters concerning class notice. Defendant contends plaintiffs' counsel has refused to meet and confer in the development of a neutral notice, while plaintiff maintains defendants' counsel never attempted to do so. Neither party supplies evidence of any meet and confer efforts. The parties are directed to meaningfully meet and confer in advance of the continued hearing date on this motion. The court disagrees with def...