Excerpt: ...'s request for judicial notice of the entire court file for VCF398058, VCM384038, VCM379373, VCM379942, and VCM358487, is also granted, however, as to movant's request the clerk of this court have the files in the courtroom at the hearing or that the files be electronically accessible, movant is directed to comply with rule 3.1306(c) of the California Rules of Court, and, further, to consult this court's local rule 705. Motion to set aside defaul...

Excerpt: ...(2) why sanctions payable to the Court under CCP §177.5 in the amount of $1,500.00 should not be imposed against defendant Felicia Hunter based on her disobedience of the Court's August 3, 2021 order. No CourtCall shall be permitted for this Order to Show Cause appearance. On August 3, 2021, this Court ordered plaintiff Hunter to provide full and complete verified responses without objection to defendant's first sets of form and special interrog...

Excerpt: ...he NOD has a California Declaration of Compliance (Civil Code §2923.55(c) that states that the requirements of Civil Code §2934.55 do not apply because the loan at issue is not secured by a first lead mortgage or deed of trust on “owner occupied” residential real property as defined by Civil Code §2924.55. The NOD also references the recording information as to the Second Deed of Trust that secured the mortgage at issue in this case. Plain...

Excerpt: ... whether the named plaintiffs have standing to serve as the representatives of the putative class before discovery is conducted as to the claims of the class members. Bifurcation is the process whereby the Court may order separate trials of issues or parties joined in a single action. The objective of defendants' motion to bifurcate in this present case is to try the issues of liability and damages separately so as to minimize the prejudice that ...

Excerpt: ...of a COVID‐19 related declaration on her landlord, and her application for Emergency Rental Assistance Program benefits and service of this application on the plaintiff. OPERATIVE FACTS This is an unlawful detainer action. Defendant Susan Finister was hospitalized from May 21, 2021 to mid‐June 2021 with complications from diabetes that resulted in the amputation of her right toe, her right foot, and her right leg below the knee. She is now co...

Excerpt: ... People's inspection demand without objection no later than 30 days from the notice of this ruling; (2) To grant the People's motion to compel responses to form and special interrogatories. Claimant Jei Chun Wu shall provide full and complete verified responses to the People's interrogatories without objection no later than 30 days from the notice of this ruling; (3) To grant the People's motion to deem request for admissions admitted by Claimant...

Excerpt: ...uadalupe Platas Tienda brings this negligence action based on her lack of consent to have the remains of her parents exhumed and reburied together in a plot at defendant's cemetery as per the request of plaintiff's other siblings. Plaintiff further contends that the defendant Woodville Public Cemetery mishandled her mother's remains when her mother was exhumed and reburied. STANDARD OF REVIEW CCP §473(a)(1) provides that “The court may, in fur...

Excerpt: ...een resolved. The court shall calendar a status conference as to the status of the Canadian action for July 13, 2022, at 8:30 am in Department. Greenpower shall reserve a new hearing date for this demurrer after the Canadian action has been resolved as to all parties and give applicable notice of this continued hearing. Defendant Greenpower Motor Company's Request for Judicial Notice is granted only as to the date of filing of the documents on fi...

Excerpt: ...ppealed to the Occupational Safety and Health Appeals Board (Board). The matter was heard before an administrative law judge (ALJ) who upheld the citation but reduced an associated penalty. The Board ordered reconsideration of the penalty reduction. Ventura also petitioned for reconsideration, asserting that the evidence did not justify the findings of fact, and the findings of fact did not support the decision. On September 22, 2017, the Board i...

Excerpt: ...has complied with the provisions of California Rule of Court 3.1362(d) as to the service of the moving papers for this motion on the plaintiffs. The Court has not received any response to this motion. CCP §284 provides that “The attorney in an action or special proceeding may be changed at any time before or after judgment of final determination, as follows: 1. Upon the consent of both client and attorney, filed with the clerk, or entered upon...

Excerpt: ... below. Plaintiffs should not submit the entire motion and initial declarations a second time. The information is minimal, so a relatively short continuance is being provided. The hearing on this motion shall be continued to December 2, 2021, at 8:30 am in Department 1 of this court. 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. Fo...

Excerpt: .... Plaintiff contends that the City of Dinuba's liability arises out of a malfunctioning crosswalk signal at the intersection where the accident occurred. As this is a wrongful death action based on the death of an 87‐year‐old retiree, plaintiff does not claim a loss of earnings, medical expenses, or general damages. Plaintiff's asserted damages are limited to the loss of Mr. Millard's love, companionship, care, assistance, society, moral supp...

Excerpt: ...Ceramic Tile, Inc. Tentative Rulings: Both defendant's motions for summary judgment, against plaintiffs Ascension Peraza and against Jeffrey McKeehan, are granted. There is no tentative ruling on the merits of plaintiffs' class certification motions at this time. Hearing on plaintiffs' class certification motions is continued to November 4, 2021, at 8:30 AM, in Department 1. Defendant's motions for summary judgment Both plaintiffs' complaints all...

Excerpt: ... on disputed facts or credibility determinations, however, a jury is to determine the disputed facts before the court determines whether the facts confer standing as a matter of law. (People v. Superior Court (Plascencia) (2002) 103 Cal.App.4th 409, 424.) Defendants state, in the introductory section of their points and authorities, that Mr. Gonzalez's only relation to the action is that he is an employee of Magnolia Park and the husband of plain...

Excerpt: ...ncy, and, at least initially, the validity and issuance of prior land use approvals preceding the Building Permits, including issuance to Real Parties in Interest ARO Pistachios, Inc. and Touchstone Pistachio, Co. (Touchstone) of a Special Use Permit and Minor Modifications expanding the scope of the permit issued subsequently thereafter. Wonderful did not timely raise challenges to the Special Use Permit or Minor Modifications, but, however, has...

Excerpt: ...ing discovery of defendant's profits and financial condition, and (2) to grant plaintiff's motion for a hearing on objections to defendant/cross‐complainant's proposed judgment on cross‐complaint. Plaintiff's motion for order permitting discovery of defendant's profits and financial condition Subdivision (c) of section 9295 of the Civil Code prohibits pretrial discovery of the profits and financial condition of a defendant unless the court en...

Excerpt: ...e parties stipulated, on June 9, 2021, to continue the prior August 2, 2021 trial date for 90 days after having scheduled mediation for July 7, 2021. Less than a week following stipulation, and before the parties' scheduled mediation, plaintiff added three new defendants by “Doe” amendment. The parties, including plaintiff, represented in the stipulation that “in order to pursue mediation and to defer costly discovery until after the mediat...

Excerpt: ...that they experience physical and mental conditions related to a traumatic brain injury. Defendants ask this court to compel plaintiffs to execute blank authorizations to compel mental health records where the deponents are unknown and no attempt has been made to subpoena these records from these health care providers. Simply put, defendants' motion is premature. Defendants must first conduct further discovery to identify the mental health care p...

Excerpt: ...his motion arises out of the forfeiture of a bond that real party in interest Financial Casualty Insurance dba The Bail Hotline Bail Bonds posted to secure the appearance in court of defendant Joshua Lyman on August 25, 2020. After being released on bail defendant fled to North Carolina where he was apprehended and placed in custody. The Tulare County District Attorney is presently in the process of extraditing defendant Lyman back to California....

Excerpt: ...n his residence driveway at 815 Tea Pot Dome Avenue. Plaintiff was working on his truck when defendant Mohamed Mohamed was driving while intoxicated and at an unsafe speed. Defendant ran through a stop sign at the intersection of Tea Pot Avenue and Indiana Street and collided with a parked 1993 Ford Ranger. The force of the collision caused the Ford Ranger to plow into plaintiff, causing him severe injuries that included the amputation of both le...

Excerpt: ...ntiff's complaint D.R. Horton CA3, Inc.'s Motion to Strike Portions of Second Amended Complaint is denied. Defendant D.R. Horton's Request for Judicial Notice is granted as to the court's July 13, 2021 ruling under Evidence Code §452(c) and the date of filing of plaintiff's original, first and second amended complaints but denied as to the contents of these complaints as inadmissible hearsay. See Day v. Sharp (1975) 50 Cal.App.3d 904, 914; Fremo...

Excerpt: ...his motion arises out of the forfeiture of a bond that real party in interest Financial Casualty Insurance dba The Bail Hotline Bail Bonds posted to secure the appearance in court of defendant Joshua Lyman on August 25, 2020. After being released on bail defendant fled to North Carolina where he was apprehended and placed in custody. The Tulare County District Attorney is presently in the process of extraditing defendant Lyman back to California....

Excerpt: ...he stipulation to be filed and reviewed by the court. What appears below is the original September 28 ruling. Tentative Rulings: (1) Defendants Ellen Reimi and Dana Bounds motions to compel responses to defendants' first sets of form interrogatories, special interrogatories, and request for production are granted. Plaintiff David A. Sanchez shall provide full and complete verified answers to these discovery requests without objection no later tha...

Excerpt: ...s located in a fenced lot on the property, and that the truck was located on the property when the fire occurred and was damaged due to the fire. Plaintiff contends her mobile food truck was located on the property pursuant to an oral lease with defendant. Defendant denies the existence of any lease, as well as any knowledge that plaintiff had her food truck located on the property prior to the fire. Plaintiff alleges that she had multiple direct...

Excerpt: ...n his residence driveway at 815 Tea Pot Dome Avenue. Plaintiff was working on his truck when defendant Mohamed Mohamed was driving while intoxicated and at an unsafe speed. Defendant ran through a stop sign at the intersection of Tea Pot Avenue and Indiana Street and collided with a parked 1993 Ford Ranger. The force of the collision caused the Ford Ranger to plow into plaintiff, causing him severe injuries that included the amputation of both le...