Excerpt: ...aint and cross‐complaint; or (b) further order of this court. The dispute in this case concerns a loan from defendants to plaintiff secured by a deed of trust encumbering the subject real property. At the time of the loan, the loan documents provided for interest of 1.5% compounded monthly. Following disputes concerning repayment, defendants commenced nonjudicial foreclosure proceedings. Plaintiff thereafter filed this action seeking, inter ali...

Excerpt: ...request. Plaintiff alleged damages in the amount of $3,116.72. Defendant answered the complaint on June 30, 2021. On September 8, 2021, Plaintiff moved this Court to deem admitted requests for admissions, set one, numbers 1 through 11. On October 19, 2021, 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. ...

Excerpt: ...quire portions of farmland owned by defendants assigned Tulare County Assessor's Parcel Numbers portions of 319‐160‐010, 319‐160‐014, 319‐160‐015. 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 26.41 acres and a temporar...

Excerpt: ...Law and associated regulations against Defendants The Recycle Depot and Jeffry Prins. Plaintiff initiated this action on June 25, 2021 under Case No. VCU287514 (the “TCSC Case”). On August 5, 2021, Plaintiff filed a proof of service indicating personal service of the cover sheet, complaint and summons on Prins personally. Plaintiff then requested entry of default as to Prins on October 12, 2021. Default was entered as to Prins on October 13, ...

Excerpt: ... Mendez was entered. Thereafter, on November 1, 2021, Plaintiff sought default judgment as against Defendant Mendez. On or about November 3, 2021, the Court declined to enter default judgment. On November 9, 2021, Plaintiff dismissed the second and third cause of action and sought default judgment again. As of the date of this Motion, the Court has not entered default judgment as to Defendant Mendez. Representing himself, Defendant Mendez, utiliz...

Excerpt: ...1 makes these motions to compel moot, except on the issue of sanctions. The Court orders that Plaintiff Ibrahim Nasir, individually and dba Aloevera Auto Sale and IM Tire Shop and their attorney of record Sassan McKay, Esq. of Commerce Law Group, shall pay monetary sanctions to Defendant's counsel in the amount of $750.00 within thirty days of this hearing. Facts and Procedural History Pursuant to the Declaration of Defendant's counsel, William H...

Excerpt: ... to strike portions of the First Amended Complaint. (1) This matter involves a three‐vehicle collision on June 15, 2019 where a vehicle driven by Defendant Verdugo is alleged to have collided with a vehicle driven by Plaintiff Prado, with whom Plaintiff Rodriguez was a passenger. Defendant Verdugo's vehicle is then alleged to have collided with a third vehicle. On June 18, 2019, the Tulare County District Attorney's Office filed criminal charge...

Excerpt: ...9.) In Spring of 2021, Plaintiff discovered more than $20,000 in fraudulent charges. (Complaint, Paragraph 10.) Plaintiff opened a fraud claim with Capital One, which provided Plaintiff with a case number. (Complaint, Paragraph 10.) Although Capital One advised Plaintiff he would not be responsible for fraudulent and unauthorized activity, Capital One subsequently denied his fraud claim and rebilled the charges to his credit card account. (Compla...

Excerpt: ...ember 18, 2021, following the filing of SPAS's demurrer, this court granted SPAS's motion to strike Alqudah's first cause of action for breach of contract. Alqudah cause of action based on fraud and misrepresentation is, as a result, the sole remaining cause of action at issue in the demurrer. The court finds that the allegations as to fraud and misrepresentation are insufficient to support the cause of action against SPAS. “In California, frau...

Excerpt: ...ompel Responses to Requests for Documents. Plaintiff is ordered to provide verified responses without objections to Defendant's Form and Special Interrogatories, Set No. 1 and Requests for Production, Set No. 1, no later than twenty (20) days from notice of this order. The Court further orders Plaintiff to pay $300.00 total in mandatory monetary sanctions to Defendant's counsel within thirty (30) days from notice of the Court's ruling on these di...

Excerpt: ...e Dairy” to cover silage piles with plastic, and, as part of that service, to periodically remove the plastic so the dairy could access the underlying feed. As Lawrence Dairy apparently refers to defendants' dairy and dairy business, for all purposes here, the court assumes there is no dispute that defendants are the parties who hired CT&T. Defendants' move for summary judgment on the basis of the Privette doctrine, established in Privette v. S...

Excerpt: ...ce. Facts Plaintiff Graciela Meza filed a complaint on May 20, 2021. The body of the complaint contains allegations concerning property identified as 595 Sierra Ave, Earlimart, CA (“Subject Property.”) The first cause of action is stated as “verbal contract.” The second cause of action is stated as “breach of contract.” The third cause of action is stated as “unjust enrichment.” Plaintiff's apparent issue is the removal of Plainti...

Excerpt: ...ce. Facts Plaintiff Graciela Meza filed a complaint on May 20, 2021. The body of the complaint contains allegations concerning property identified as 595 Sierra Ave, Earlimart, CA (“Subject Property.”) The first cause of action is stated as “verbal contract.” The second cause of action is stated as “breach of contract.” The third cause of action is stated as “unjust enrichment.” Plaintiff's apparent issue is the removal of Plainti...

Excerpt: ...ompel Responses to Requests for Documents. Plaintiff is ordered to provide verified responses without objections to Defendant's Form and Special Interrogatories, Set No. 1 and Requests for Production, Set No. 1, no later than twenty (20) days from notice of this order. The Court further orders Plaintiff to pay $300.00 total in mandatory monetary sanctions to Defendant's counsel within thirty (30) days from notice of the Court's ruling on these di...

Excerpt: ...e Dairy” to cover silage piles with plastic, and, as part of that service, to periodically remove the plastic so the dairy could access the underlying feed. As Lawrence Dairy apparently refers to defendants' dairy and dairy business, for all purposes here, the court assumes there is no dispute that defendants are the parties who hired CT&T. Defendants' move for summary judgment on the basis of the Privette doctrine, established in Privette v. S...

Excerpt: ... is the owner, that a month to month tenancy was established, that although a written agreement was made, he is not in possession of the agreement, but alleges monthly rent in the amount of $830.00 and that Defendants Acosta and Meza remain in possession after personal service and expiration of a 30 day notice, set to expire October 29, 2021. A copy of the notice is attached to the complaint. Plaintiff then filed the complaint for unlawful detain...

Excerpt: ...ting this tentative ruling will become the order of the court and service by the clerk will constitute notice of the order. Re: Olivera, Lucia vs. Anderson, Daniel Lee Case No.: PCL 200306 Date: December 7, 2021 Time: 8:30 A.M. Dept. 23‐The Honorable Gary M. Johnson Motions: Defendant Anderson's Demurrer Tentative Ruling: To overrule Defendant Anderson's Demurrer. Defendant Anderson shall file his answer no later than December 13, 2021. Facts a...

Excerpt: ... 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 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....

Excerpt: ...r Authority (“FWA”) seeks to acquire farmland owned by defendants assigned Tulare County Assessor's Parcel Numbers 302‐140‐011, 319‐140‐001, and 319‐140‐ 028. 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 plant...

Excerpt: ...ersonally served with a “30 Day Notice to Terminate Tenancy” under Civil Code section 789. On November 11, 2021, the period stated in the 30 Day Notice expired. On November 16, 2021, Plaintiff filed this unlawful detainer action. The Complaint states that Defendant has been occupying the unit since June 2011 based on oral agreement and that the tenancy is at will. The Complaint further alleges, under 7.a., that the at will tenancy “is not s...

Excerpt: ...ondent Pedro Zamora. The Corporation's principal place of business is 752 S. Farmersville Boulevard, Farmersville in Tulare County. This Petition seeks inspection of various corporate records, including: “stock certificate book, a stock register, a journal showing its business transactions, ledgers into which the transactions are posted, and a record of the meetings of the board of directors, minutes from shareholder meetings, minutes from Boar...

Excerpt: ...ry Judgment on the basis that the undisputed facts fail to constitute a cause of action against the County. Although the County alternatively seeks summary adjudication, the County has failed to follow California Rule of Court 3.1350(b) requiring that, for summary adjudication, “the specific cause of action, affirmative defense, claims for damages, or issues of duty must be stated specifically in the notice of motion and be repeated, verbatim, ...

Excerpt: ... the Doe Defendants was entered the same day. On October 15, 2021, Plaintiff filed this motion to be relieved of the dismissal of Doe Defendants by prior counsel of Plaintiff. Plaintiff notes as the Doe Defendants are “vital to the two causes of action of quit title and adverse possession as there would be other potential Defendants who are owners of record of the parcel in dispute.” Analysis California Code of Civil Procedure section 473(b) ...

Excerpt: ...aring date. Facts Plaintiffs allege that, in May 2010, they observed a flyer indicating that Parcel No. 328‐100‐ 011 (the “Property”) was for sale, by owner. The flyer indicated the Property included approximately 15 acres improved with a barn, single wide mobile home, small shed, water well, water tank and gravel driveway. Plaintiffs contacted the owners of the Property, Defendants. Defendants confirmed that the Property was as described...

Excerpt: ...rovide accurate itemized wage statements alleged by each of plaintiffs (1) James Alvarez, (2) Raul Chavez, Jr., (3) Ruben Marquez, (4) Jeffrey McKeehan, (5) Javier Fonseca, and (6) Juan Barrera. Defendant Visalia Ceramic Tile, Inc. (VCT) filed six separate motions for summary adjudication against plaintiffs Alvarez, Chavez, Jr., Marquez, McKeehan and Fonseca on August 24, 2021. Plaintiffs Alvarez, Chavez, Jr., Marquez, Fonseca, and Barrera filed ...