Excerpt: ...ghts, unfair business practices, and wrongful foreclosure/void assignment. Defendants demur to all causes of action. Proof of service in the file indicates notice of the demurrer was adequate. As of June 22, 2021, no response to the demurrer has been filed. A response was due by June 15, 2021. Plaintiff acknowledges demurring Defendants are the holders of a second trust deed encumbering the subject property. Defendants assert Plaintiff's wrongful...

Excerpt: ... is no request for argument, the court is prepared to sign the form of order lodged by Movant. The motion was filed on May 14, 2021. Proof of service in the file indicates notice of the motion was adequate. As of June 14, 2021, no response to the motion has been processed to the court's case management system. Plaintiff's Third Amended Complaint contains factual allegations against moving Defendant which are substantially the same as those allege...

Excerpt: ...ce for Tuesday, August 3, 2021, at 8:30 a.m. in Department 23. Plaintiff seeks to add a new cause of action and to add a new party defendant. Defendants Yassen Mohamed, Nagi M. Saeed, and Edison Mini Mart oppose the motion asserting Plaintiff has prejudicially delayed by seeking relief less than a month before the scheduled trial date. Plaintiff alleges information learned during discovery gave rise to the new cause of action and new defendant. P...

Excerpt: ...g time penalties, without leave to amend; To Sustain Defendant's demurrer to Plaintiff's Eighth Cause of Action as to retaliation claims, with leave to amend; To Overrule Defendant's demurrer in all other respects. (2) To deny Defendant's Motion to Strike First Amended Complaint. Defendant's motions were initially filed on January 6, 2020 and have been continued due to court emergency orders and reassignment of this action to this date. Plaintiff...

Excerpt: ...t, and public records act request. The first two complaints were filed with the Porterville court. The third amended complaint was lodged with the court but not accepted for filing because plaintiff failed to obtain leave of court to file an amended complaint. The only substantive difference in the subject matter between these four complaints is that the present complaint that is the subject of this demurrer was filed in the Visalia court. This c...

Excerpt: ...Court 3.1345 (a) requires that any motion involving the content of a discovery request or the responses to such a request must be accompanied by a separate statement. The motions that require a separate statement include a motion are: (1) To compel further responses to requests for admission; (2) To compel further responses to interrogatories; (3) To compel further responses to a demand for inspection of documents or tangible things; (4) To compe...

Excerpt: ... To grant plaintiff's motion to compel further responses to plaintiffs' form interrogatories 13.1 and 13.2 (set two) propounded to defendant Helena Agri-Enterprises, LLC. Defendant Helena shall provide a full and complete verified amended response without objection no later than thirty days from the date of this ruling. (2) To grant in part and deny in part plaintiff's motion to compel further responses to Item #9 of plaintiffs' request for produ...

Excerpt: ... for a second time the moving papers and declarations that are already on file with the court. This is a PAGA action where the parties have reached a settlement of $190,000. Seventy-five percent of the net settlement amount shall 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 t...

Excerpt: ...s on February 24, 202. This default judgment was entered thirteen days after Ms. Stites filed for bankruptcy on February 11, 2021 and in so doing was entitled to an automatic stay under 11 U.S.C. §362 that precluded plaintiff from taking any action to obtain a judgment on the obligation that is the subject of the plaintiff's complaint. CCP §473(d) states in relevant part that the court may, on motion of any party or on the court's own motion, c...

Excerpt: ...fendant Centex has filed a cross-complaint against Sierra Glass and Screen, Inc. Sierra answered this cross-complaint when represented by counsel, but this counsel was subsequently relieved of their responsibilities as counsel for Sierra and thus Sierra is now an unrepresented corporate cross-defendant. As a result, Centex now moves the court to strike the answer of Sierra and further requests that this court enter the default of Sierra. Under CC...

Excerpt: ... days from the date of this ruling. Plaintiff shall also produce at the time of this deposition the records and writings identified in General Motors' deposition notice. Exhibit “A” to the declaration of Cameron Major filed in support of this discovery motion indicates that on April 5, 2021, defendant GM served a Notice of Taking Deposition on plaintiff Pedro Gutierrez at the address of his counsel that is identified in his complaint. This de...

Excerpt: ... is ordered stayed pending completion of arbitration proceedings. The court's record indicates that proper notice was given to all parties. The court has not received any response to this motion. Defendants seek to enforce an arbitration provision in the purchase and sale agreement executed by plaintiff. Defendants have shown that they have stated to plaintiff their intent to enforce the arbitration provision both in this court and in the federal...

Excerpt: ...for expert witness designated by plaintiff. The compensation for plaintiff's expert James J. Ingaglio M.D. shall be set at $825.00 per hour with a two-hour minimum and then at $825.00 per additional hour or portion thereto. Defendants Visalia Women's Specialty Medical Group, Inc.'s Request for Judicial Notice of the plaintiff's first amended complaint is granted only as to the date of filing of the plaintiff's first amended complaint in this pres...

Excerpt: ...thin thirty days 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 not...

Excerpt: ...ng the settlement. 1,185 notices were mailed. 11 notices remain undeliverable. As of May 14, 2021, the claims administrator had received no objections or requests to opt out of the settlement from class members. Class members had until May 24, 2021 to object or opt out. Plaintiff's counsel shall appear at the hearing if any objections to the settlement were received between May 14th and May 24th. On February 18, 2021, the court granted preliminar...

Excerpt: ... book account, breach of contract, and credit extended. The amount due and owing to Discover Bank (as indicated in the allegations in the plaintiff's complaint is $6,703.43. On or about May 30, 2019, defendant Stephanie S. Jackson agreed to settle this case for the payment of $5,363.00 to Discover Bank in monthly installments of $447.00 on the 30 th day of each month (beginning May 30, 2019) until this $5,363.00 was paid in full. The terms of thi...

Excerpt: ...in ten (10) days of this order. Mary Clawson, the trustor, created her trust in 1997. She died on May 11, 2010. Plaintiff as trustee, seeks to recover from Defendants amounts claimed due on three promissory notes: 1) “Blain Note 1” dated August 4, 1999; 2) “Maddox Note” dated May 29, 2008; and 3) “River Run Ranch Note” dated April 1, 2010. Plaintiff asserts all three notes are assets of the Mary L. Clawson Trust. This action was initi...

Excerpt: ...d verified responses without objections to Form Interrogatory 17.1 and Requests for Admission Nos. 5 and 6 no later than 30 days from the notice date for this ruling. Defendant Ivany shall also pay monetary sanctions in the amount of $560.00 to plaintiff's counsel under CCP §2023.030(a); CCP §2030.300(d) and CCP §2033.290(d) no later than 30 days from the notice date of this ruling. All parties were given proper notice of this motion. There ha...

Excerpt: ... moves for summary judgment asserting his care and treatment of Plaintiff met the applicable standard of care. Moving Defendant also asserts Plaintiff's claims are time barred. Summary judgment is granted when no triable issue exists as to any material fact and the moving party is entitled to judgment as a matter of law. (Code Civ. Proc., § 437c, subd. (c).) "[T]he party moving for summary judgment bears an initial burden of production to make a...

Excerpt: ...gs' objection to Questions 2 and 3 are sustained. OPERATIVE FACTS This is a personal injury action arising out of a motor vehicle accident. Plaintiff raises the following allegations in ¶MV-2 of his complaint: (a) The defendants who operated a motor vehicle are Arthur Jennings; (b) The defendants who employed the persons who operated a motor in the course of their employment are: City of Porterville, Tree Sierra Management; (c) the defendants wh...

Excerpt: ...ement under CCP 877 and 877.6. Proof of service in the file indicates notice of the motion was adequate. There has been no response to this motion. CCP § 877.6 affords the court with the discretion to determine whether a settlement reached by opposing parties in litigation is in good faith such that it is "within the reasonable degree of the settling tortfeasor's proportional share of comparative liability for the plaintiff's injuries" based on ...

Excerpt: ...on must be accepted as true. Couglas v. E. & J. Gallo Winery (1977) 69 Cal.App.3d 103, 114. An exception, however, is that the general rule is limited to those material facts properly pleaded, and does not apply to conclusions of fact or law. Moore v. Regents of University of California (1990) 51 Cal.3d 120, 125. For example, a bare allegation that an act is illegal, unlawful, unauthorized, wrongful, or fraudulent is a conclusion of law that need...

Excerpt: ... $1,100.00 Against Defendant Tracy Lee Jackson and his Attorney of Record Joseph Strella, Jr. Esq.; (3) Motion to Compel Responses to Plaintiff's Special Interrogatories; Request for Sanctions in the Amount of $1,100.00 Against Defendant Tracy Lee Jackson and his Attorney of Record Joseph Strella, Jr. Esq.; (4) Motion to Compel Responses to Plaintiff's Form Interrogatories; Request for Sanctions in the Amount of $1,100.00 Against Defendant Tracy ...

Excerpt: ...rs an initial burden of production to make a prima facie showing of the nonexistence of any triable issue of material fact; if he carries his burden of production, he causes a shift, and the opposing party is then subjected to a burden of production of his own to make a prima facie showing of the existence of a triable issue of material fact." (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850.) The moving party bears the burden of per...

Excerpt: ...the action titled Avila v. Cigna Health & Life Insurance Company and Does 1‐100, inclusive, Tulare County Superior Court Case No. VCU 284920. The Santiago case shall be deemed to be the lead case for these consolidated actions and all papers and things to be filed in these cases shall be filed in the Santiago case file. Counsel in the Santiago case shall be deemed to be lead counsel for this consolidated action unless otherwise agreed to by the...