Excerpt: ...ode §1717 to plaintiff in the amount of $1,650.00 no later than thirty days from the date of this ruling. This is an action for damages and injunctive relief that plaintiff Jaime Gonzales filed against his homeowner's association (Maple Place Community Association) to enforce the CCRs and the statutory obligations applicable to the homeowners' association. Plaintiff brought this action to obtain from the Association financial reports prior to 20...

Excerpt: ...endant Walmart Inc. (2) To deny plaintiffs' motion for summary adjudication. I. Defendants' Motion for summary judgment or adjudication A. Judicial notice; Defendant's evidentiary objections Defendants request the court take judicial notice of (a) plaintiffs' complaint filed in this action, (b) defendants' answer, and (c) the death certificate of decedent Rolando Esquivel Soto. Plaintiffs request the court take judicial notice of (d) the ruling o...

Excerpt: ...entative Rulings: (1) To grant defendant Ruan Transport Corp.'s motion to compel verified responses, without objection, to form interrogatories‐general, special interrogatories, and request for production (sets one). Plaintiff shall provide full and complete verified responses without objection to defendant's first sets of form and special interrogatories, and first demand for production of documents within thirty days after service of the noti...

Excerpt: ...laintiff's counsel is to provide a revised order. The court finds that sufficient information 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 ($1,500,000) The gross settlement amount is $1,500,000. Plaintiff estimates the total number of class members is 3200. Pl...

Excerpt: ...s raised below. Plaintiffs should not submit the entire motion and initial declarations a second time. Case Management Conference is likewise continued to the November 18, 2021 date. 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. Foot Locker Retail, Inc. (2008) 168 Cal.App.4th 116, 129. The identity of this class is “All non‐exe...

Excerpt: ...ment 1 of this court. CMC is taken off calendar. The class is defined as “all current and former non‐ exempt California employees who were paid overtime wages by Defendant at any time from February 13, 2019 through October 1, 2019.” The court finds that sufficient information 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. (200...

Excerpt: ...hall file his third amended complaint within twenty days from this ruling: (2) Defendant Nichole S. Atherton, MD's motion to strike portions of plaintiff's second amended complaint is rendered moot by this court's ruling as to defendant's demurrer to plaintiff's second amended complaint. Case Management conference is continued to December 16, 2021; 8:30 am; D1. OVERVIEW This is an action brought by Loren Sansom (hereinafter “Loren”) as an ind...

Excerpt: ...er mistake, inadvertence, surprise, or excusable neglect.” Here, plaintiff American Express National Bank obtained a court judgment against defendant Julie Clemmons, aka Julie A. Clemmons on July 23, 2021 only to subsequently learn the next day that the defendant had filed bankruptcy on July 21, 2021, before the judgment had been obtained. Accordingly, the court finds that plaintiff's obtaining judgment against the defendant after she had alrea...

Excerpt: ...ritten settlement agreement on March 16, 2017 that provided that judgment for $11,320.00 would not be entered against Mr. Garza if he paid to Bank of America a minimum of $75.00 monthly from March 20, 2017 through August 20, 2018 followed by a minimum of $150.00 from September 20, 2018 until the balance of $11,320.00 was paid in full. The agreement further provided that in the event of default that Bank of America could move for a judgment for wh...

Excerpt: ...nty Retirement Association (TCERA) as well as the validity of a hearing officer's determinations following a subsequent administrative hearing on the denial. Petitioner's application for retirement benefits was denied on September 25, 2019. Petitioner thereafter requested a hearing pursuant to TCERA administrative procedures. At the completion of the hearing, the hearing officer made various findings and recommendations, ultimately to the effect ...

Excerpt: ...t that appear in the Court's file for this case, 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. OPERATIVE FACTS This case pleads causes of action for (1) wrongful death; (2) use of excessive force...

Excerpt: ...laration filed along with their demurrer and motion to strike, are sufficient under the circumstances for this court to find defendants sufficiently complied with the requirements of Code of Civil Procedure sections 430.41 and 435.5. Plaintiff has not, as of the court's last review, filed any opposition to the demurrer or motion to strike. 1. Demurrer Defendants demurrer to plaintiff's complaint on the grounds that the complaint fails to state a ...

Excerpt: ...e Rulings: (1) There is no published tentative ruling for the substantive portion of these motions. It appears that Plaintiff has produced the requested discovery. The court's tentative ruling regarding sanctions is $660.00 in fees and costs for each motion. Exhibit “A” to the declarations of Nick Pritchett filed in support of each of these discovery motions indicate that on March 22, 2021, defendant served his first set of form interrogatori...

Excerpt: ...ramic Tile, Inc.'s motion to deem requests for admissions, set two, to plaintiff Jeffrey McKeehan. The facts and allegations set forth in Request for Admissions 19‐107 of defendant's second set of requests for admissions to plaintiff Jeffrey McKeehan shall be deemed admitted. Plaintiff Jeffrey McKeehan shall also pay monetary sanctions in the amount of $660.00 in fees and costs to defendant's counsel within thirty days after service of the noti...

Excerpt: ...hall provide full and complete verified responses to these interrogatories without objection no later than 20 days from the date of this ruling. Plaintiff shall also pay monetary sanctions to defendant's counsel in the amount of $560.00 under CCP §2023.030(a) and §2030.300(d) no later than 30 days from the date of this ruling. (2) To grant defendant Tulare County Office of Education's motion to compel plaintiff to attend psychological examinati...

Excerpt: ... service by the clerk will constitute notice of the order. Re: Hernandez v. Spartan Holdings LLC Case No.: VCU 278599 Date: September 21, 2020 Time: 8:30 A.M. Dept. 7‐The Honorable Bret D. Hillman Motion: Cross‐Defendant Steve Sorina Individually and dba Steve Sorina Plastering's Motion for Leave to File Amended Answer Tentative Ruling: To grant cross‐defendant Steve Sorina Individually and dba Steve Sorina Plastering's (“Sorina”) motio...

Excerpt: ...ce Defendants request the court take judicial notice of (a) plaintiff's first amended complaint filed in this action, (b) defendants' answer, and (c) the death certificate of decedent Rocky Paul Jones. Plaintiff requests the court take judicial notice of (d) the ruling on the demurrer and motion to strike entered in Laura Soto, et al. v. Walmart Inc., et al., Tulare County Superior Court Case No. VCU282959, (e) the “Findings and Declarations,�...

Excerpt: ...tempted to file their answer to plaintiff's complaint with the court through One Legal .and served this complaint by regular mail to plaintiff's counsel. The filed answer included the defendants' name and the symbol “/S/” as an electronic signature on the document. Then on August 10, 2021, defendants' counsel received an email from plaintiff's counsel that plaintiff would take defendants' default as plaintiff had not yet received the defendan...

Excerpt: ... and various entities, including Invigorate Healthcare, Inc. (Invigorate), a California corporation of which defendant Bigelow is, according to a statement of information filed with the Secretary of State on January 6, 2017, chief executive officer, a director, and agent for service of process. See Dec'l of A. Velen, ¶¶ 2 and 5; Exs. 1 and 2. According to defendant Bigelow's bankruptcy petition, defendant Bigelow owns 39% of Invigorate. See Dec...

Excerpt: ... article published on defendants' website. The article reports on an appellate court opinion by California's Second District Court of Appeal affirming the issuance of a domestic violence restraining order (DVRO) against plaintiff. As an initial matter, the court notes that plaintiff's causes of action are considered substantively equivalent for the purposes of its analysis of the instant motion. See Brodeur v. Atlas Entertainment, Inc. (2016) 248...

Excerpt: ...tiff may serve Mr. Atkinson in the manner provided in the Code of Civil Procedure for service of summons on a foreign national; (3) To deny defendant Brendan Riley's motion to quash service of summons. Plaintiff has filed a further proof of service showing Mr. Riley was personally served. This is a wrongful termination / wage and hour claim action where plaintiff raises causes of action for (1) breach of contract; (2) Breach of the Implied Covena...

Excerpt: ...ling. This sum awarded in sanctions shall include any interest accumulated between the time these settlement funds were due and payable and the date that these settlement funds were provided to plaintiff's counsel. (2) The court does not publish tentative rulings on motions to tax costs Plaintiff's Motion for Sanctions This is a “lemon law” case where the defendants accepted the defendant's 998 settlement offer of $77,500 on March 16, 2021. C...

Excerpt: ...ons to include the additional information requested by the court. Only the supplemental declarations of plaintiff and class counsel as indicated in this ruling need to be filed with the court. Plaintiff need not file the moving papers and approved declarations a second time. The court finds that insufficient information has been submitted as to various provisions of the settlement agreement for the court to make the merits evaluation required by ...

Excerpt: ...ive hearing conducted pursuant to Visalia Municipal Code (VMC) 6.16.030(C), that his dog, a Pit-bull named “Thor,” is a “vicious animal” (as defined in VMC section 6.04.010); and that would (b) enjoin destruction of the animal, as would otherwise be required under VMC section 6.16.060, incident to the “vicious animal” determination. In the petition, petitioner additionally alleges that an order that his other dog—also a Pit-bull, na...

Excerpt: ...e involving this same defendant: Tulare County Superior Court Case No. VCU282277. Specifically, this court notes, as set forth in its order from the prior hearing on this motion, that the stipulation in the other case recites that both defendants in that case, one of whom is the defendant in this case, have indicated they collectively lack the financial ability to finance a possible class and/or PAGA settlement or judgment of the claims in that c...