Excerpt: ...Centex) filed a cross-complaint against various subcontractors, including cross-defendant Kennies. Kennies now moves this court for a determination that its settlement with Centex in the amount of $8,000 was made in good faith within the meaning of Code of Civil Procedure sections 877 and 877.6. Kennies filed its motion July 27, 2021, timely serving all parties on July 26, 2021. No opposition has been filed, and no nonsettling party has filed a n...

Excerpt: ...ano's (Lozano) five causes of action under the Song- Beverly Consumer Warranty Act (Song-Beverly Act), and a cause of action for fraud by omission, alleged against Ford Motor Company (Ford), arising from her purchase of a 2018 Ford Focus manufactured by Ford. Plaintiff alleges the vehicle contained or developed various defects impairing the use, value or safety of the vehicle, and that Ford has (1) failed to service or repair the vehicle to confo...

Excerpt: ...iff Denise Gail West. Defendant settled a wrongful death claim for $300,000.00 against the parties whose conduct caused the death of her son Alejo West. At the time that this wrongful death action was settled, guardian ad litem Jessica Fetcho was pregnant with her daughter Denise Gail West. The decedent is the father of Denise Gail West. The thrust of plaintiff's complaint is that Terrie West failed to consider (or deliberately concealed) Denise'...

Excerpt: ... Court's file. Except for orders from the Court that appear in the Court's file for this case, the Court denies plaintiff's request for judicial notice as to the contents of other documents in the Court's file for this action as inadmissible hearsay. See Day v. Sharp (1975) 50 Cal.App.3d 904, 914; Fremont Indemnity Co. v. Fremont General Corp. (2007) 148 Cal.App.4 th 97, 113. This action arises out of a balance due on an automobile loan that plai...

Excerpt: ...be distributed to the LWDA consistent with the Settlement Agreement and the remaining 25% paid to the aggrieved employee to be determined by dividing the number of pay periods he or she worked during the PAGA period by the total aggregate number of pay periods and then multiplying this amount by the PAGA Aggrieved Employee payment. The court approves the gross settlement and the manner of distribution to the LWDA and the aggrieved employees. The ...

Excerpt: ...e felony criminal case both arise from the same event, a motor vehicle collision on July 2, 2020. In reviewing this motion, the court considers (1) the plaintiffs' private interest in proceeding expeditiously with this action, weighed against the potential prejudice of delay resulting from the requested stay; (2) the private interests of the defendant, and the burden which any particular aspect of the proceedings may impose on defendant; (3) the ...

Excerpt: ...d (Monarch), have each separately moved to compel arbitration of, and stay, this action. Both defendants contend their motions are based on an arbitration provision included in a retail installment sales contract (sales contract) signed by plaintiff Victoria Lozano. Defendants' respective points and authorities, which are nearly identical, word-for-word, cite extensively to an “Arbitration Agreement” they represent is contained in the sales c...

Excerpt: ...paid, laid out, and expended to or for defendant. Defendant answered February 26, 2021, generally denying the allegations set forth in the complaint. Defendant prepared his answer using optional Judicial Council form PLD-C-010, and while a box is checked indicating that defendant alleges affirmative defenses, none are listed anywhere in the answer. Plaintiff later served written requests for admission, to which defendant failed to respond. Plaint...

Excerpt: ... to the complaint on February 5, 2021. Defendant's counsel subsequently learned that defendant was acting in the course and scope of her employment with Aspen Dental at the time of the accident. Defendant now seeks leave to file a cross-complaint against Aspen for indemnity and apportionment of fault. A court may grant leave to file a cross-compliant at any time during the pendency of an action when the interests of justice will be served by this...

Excerpt: ...on file with the Court for this action and as to minute orders and other orders for this case that appear in the Court's file. Except for orders from the Court that appear in the Court's file for this case, the Court denies plaintiffs' request for judicial notice as to the contents of other documents in the Court's file for this action as inadmissible hearsay. See Day v. Sharp (1975) 50 Cal.App.3d 904, 914; Fremont Indemnity Co. v. Fremont Genera...

Excerpt: ...ice of this ruling is served; and (2) further orders defendant shall pay $590 to plaintiff's counsel as monetary sanctions under Code of Civil Procedure sections 2023.010 et seq. This is a personal injury case arising from an automobile accident on April 12, 2019. Plaintiff alleges that defendant Mohamed Yassennagi Mohamed crashed his vehicle into a parked vehicle, pushing it into plaintiff and causing him significant injury. Plaintiff further al...

Excerpt: ...attorneys' fees, administrative expenses, and plaintiff's enhancement award of $7,500.00. The claims administrator mailed notice of the settlement to all class members. No notices were returned by the post office. No objections or requests to opt out were received by the administrator. As this is a PAGA action, the Class Members may not opt out of, or object to, the PAGA settlement. Plaintiff's moving papers are sufficient to establish the settle...

Excerpt: ...bed in the complaint by reference to its address of 10712 S. Crawford Ave., Dinuba, CA, “lies miles removed from the City of Dinuba.” The complaint, however, sufficiently describes the premises with requisite reasonable certainty. Code Civ. Proc. §§ 1166, 455. Moreover, the description is clearly sufficient enough to enable defendant to know what property plaintiff demands he surrender. See Olcovich v. Deremberg (1915) 27 Cal.App.194, 196. ...

Excerpt: ...s shall be filed in that case. OPERATIVE FACTS Plaintiffs April Pianta and Lisa Brooks were in the same automobile when stopped by defendants Garret William Grisbach and Sabrina J. Maydon. Mr. Grisbach and Ms. Maydon were peace officers with the City of Visalia at the time that they stopped the plaintiffs. Plaintiffs contend that Officers Grisbach and Maydon conducted an unlawful search and seizure on the plaintiff, and, due to the officers' fail...

Excerpt: ...orporation, Kia Motors America, Inc., ZF Active Safety and Electronics US LLC and Visalia Motors dba Visalia Kia's Motion for Good Faith Settlement (2) To grant defendants Kia Motors Corporation, and Kia Motors America, Inc.'s motion to file records under seal Kia Motors Corporation, Kia Motors America, Inc., ZF Active Safety and Electronics US LLC and Visalia Motors dba Visalia Kia's Motion for Good Faith Settlement CCP § 877.6 affords the cour...

Excerpt: ...aintiff's first amended complaint are allegations that plaintiff is entitled to punitive damages under Civil Code ⸹3294(a). Defendant now moves the court to strike the punitive damages from the plaintiff's first amended complaint based on the application of CCP ⸹425.13 that precludes the pleading of a right to recover punitive damages absent a court order that permits the plaintiff to do so. STANDARD OF REVIEW Under CCP §436, the Court may s...

Excerpt: ..., the petition is procedurally deficient and the requested transfer is unreasonable and not in the best interests of payee Skyler Castillo. Here, payee seeks to transfer payments of $30,000.00 due to him on April 8, 2025 from a structured settlement created for a personal injury claim. The compensation for this transfer is $15,000.00 with a discount rate of 19.11% The petition indicates that payee is 27 years old, single, no dependents, and has n...

Excerpt: ...ng be submitted in advance of this hearing: (1) PAGA counsel to supplement their declarations to set forth the lodestar method utilized to warrant requested attorney fees and an itemization showing how requested costs were calculated; (2) a non-hearsay declaration from plaintiff itemizing the duties she performed and time invested in this matter to justify the requested enhancement payment; and (3) a non-hearsay declaration from the settlement ad...

Excerpt: ...n an unincorporated area of Tulare Defendant Ramon Ruiz was driving a tractor trailer heading on eastbound Avenue 184 onto southbound SR 65 when due to his failure to comply with a stop sign or yield to oncoming traffic, his tractor-trailer collided with Ms. Rice's Chevrolet. Shortly thereafter, defendant Aaron Oakley hit Ms. Rice's automobile, and also hit Ms. Ruiz and defendant Ramon Frias Ruiz, who were both standing outside their vehicles. Ms...

Excerpt: ... submit the entire motion and initial declarations a second time. 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.4 th 116, 129. This class is identified as: “All current and former non-exempt employees of Defendant Cream of the Crop Ag Service who performed work in California from May 30...

Excerpt: ... This case is an employment-based action that arises in part out of a “slip and fall” that plaintiff sustained on July 26, 2019 in the restroom of a Carl's Jr. in Los Banos. At the time of this fall, plaintiff was accompanied by defendant Kulwant Gadri. Plaintiff contends that at the time of this fall he was acting in the course and scope of his employment with Kulwant Gadri dba Gadri Farms. But because defendant did not have workers' compens...

Excerpt: ...ed and served within fifteen (15) days of this order. Plaintiff's claims in this case arise from his contract with defendant City of Dinuba to re-roof a building. During construction, the building became damaged following a rain event. The parties dispute whether faulty protective measures by plaintiff Eagle Fire, or failed maintenance by defendants City and Watts, caused the building to become damaged as a result of the rain. Based on the City's...

Excerpt: ...r her through his or her mistake, inadvertence, surprise, or excusable neglect. Application for this relief shall be accompanied by a copy of the answer or other pleading proposed to be filed therein, otherwise the application shall not be granted, and shall be made within a reasonable time, in no case exceeding six months, after the judgment, dismissal, order, or proceeding was taken.” This is a common counts action for damages arising out of ...

Excerpt: ...ant Alvin Prins' Objections to Plaintiff's Special Interrogatories, Set Two; (4) Motion to Compel Responses and Further Responses and to Strike Defendant Alvin Prins' Objections to Plaintiff's Form Interrogatories, Set Two; Tentative Rulings: All motions are granted in part and denied in part. Defendants Bernard Prins and Alvin Prins shall each provide full and complete verified responses to Form Interrogatories 16.1, 16.3, 16.4, 16.5 and 17.1 an...

Excerpt: ...from the notice of this ruling under CCP §2023.030(a), and CCP §2025.450(g) The parties shall coordinate dates certain for General Motors to produce its persons most qualified as to the topics identified in plaintiff's deposition notice that is no later than thirty days from the date of this ruling. General Motors shall also produce at the time of this deposition the records and writings identified in plaintiff's deposition notice. Where that G...