Excerpt: ...legedly made by district representatives. Defendants have sought to have the matter designated as complex pursuant to California Rules of Court, Rule 3.400 and Tulare County Local Rule. 603. Counsel argues the trial will likely involve thirty witnesses, there is a request for punitive damages and defendants seeks additional time to file potentially dispositive motions. Defendants assert they will seek to obtain police department and Child Welfare...

Excerpt: ...Request for Sanctions in the Amount of $1,111.00 Against Defendant Mike Clark Trucking and its Attorney of Record Joseph Strella Jr., Esq. and Clapp Moroney; (3) Motion to Compel Responses to Plaintiff's Special Interrogatories; Request for Sanctions in the Amount of $1,100.00 Against Defendant Mike Clark Trucking and its Attorney of Record Joseph Strella Jr., Esq. and Clapp Moroney in the Amount of $1,100.00; (4) Motion to Compel Responses to Pl...

Excerpt: ...; (2) special interrogatories, set one; (3) request for production of documents, set one. Plaintiff shall have thirty days from the date of this ruling to provide full and complete verified responses to these three discovery demands without objection. Sanctions shall also be imposed against the plaintiff in the amount of $500.00 under CCP §2023.030(a); §2030.290(c); and §2031.300(c) made payable to defendant's counsel no later than thirty days...

Excerpt: ...t her to Department 7 before the court called her. But as detailed below, the entry of judgment in an action precludes a motion for reconsideration by the party adversely affected by the judgment. Under California law, the trial court loses jurisdiction to rule on a pending motion for reconsideration after entry of judgment. See e.g., APRI Insurance Co. v. Superior Court (Shatterman) (1989) 76 Cal.App.4th 176, 181; Banner v. Regents of University...

Excerpt: ...t deed and deficiency judgment, fraud, and breach of contract. The subject matter of this action involves real property that defendants Acevado Homes, Inc. and Amelia Acevado purchased from plaintiffs Eric and Ronda Kozlowski. This purchase was secured by a trust deed. The parties subsequently agreed to a stipulation that required the defendants to make periodic payments in January of 2020, 2021, 2022, and 2023, plus monthly interest payments of ...

Excerpt: ...he court also directs the plaintiff to pay monetary sanctions to defendant's counsel in the amount of $590.00 in addition to the $500.00 that the court ordered the plaintiff to pay in its March 8, 2021 order. OPERATIVE FACTS Defendant noticed the plaintiff's deposition for March 16, 2021, but the plaintiff failed to appear for his deposition on the date noticed. On March 8, 2021, this court ordered plaintiff Rafael A. Jovel Martinez to answer def...

Excerpt: ...he entire motion and initial declarations a second time. The hearing on this matter is continued to June 28, 2021 at 8:30 a.m. in Dept. 2 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. Foot Locker Retail, Inc. (2008) 168 Cal.App.4th 116, 129. 1. Sufficiency of Amount of Settlement ($130,000.00) The gross settlement am...

Excerpt: ...fs signed separation agreements at the termination of their employment with defendant CVT, LLC that would release CVT from any of the causes of action that the plaintiffs raise in their complaint. Plaintiffs dispute the enforceability of these separation agreements but nonetheless stipulate with defendant CVT that the question of the enforceability of these separation agreements is a threshold issue that should be resolved before the parties proc...

Excerpt: ...onal service on Mr. Greenwood at the address where the nuisance exists and a forwarding address for Mr. Greenwood that the Postal Service provided to the City's process server, the City has been unsuccessful in its efforts to personally serve Mr. Greenwood. CCP §415.50 provides for the publication of a summons in a newspaper of general circulation in the county where the defendant is known or believed to reside. Publication of a summons under §...

Excerpt: ...aintiff should not submit the entire motion and initial declaration 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.4th 116, 129. 1. Sufficiency of Amount of Settlement ($750, 000) The gross settlement amount is $1,046,264 00. Plaintiff estimates the total number of class mem...

Excerpt: ...sequent motion for preliminary approval is to be supported with only supplemental declarations to the present motion addressing the issues raised below. 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. 1. Sufficiency of Amount of Net Settlement ($224,435) The gross settlement a...

Excerpt: ...; (2) To grant defendant AZ Transportation's motion for order requiring the production of Tulare County Sheriff and Coroner documents. The Tulare County Sheriff and Coroner shall produce the photographs that are the subject of this motion no later than twenty days from the notice date for this ruling.All parties were given proper notice of these two motions. Plaintiff has filed a “Notice of Non-Opposition” to each of these motions. AZ TRANSPO...

Excerpt: ...Negligent Infliction of Emotional Distress that arise out of the plaintiffs' claim that the defendants violated the civil rights of plaintiffs' decedent Humberto Sanchez Ramos under 42 U.S.C. §1983. Defendants demurrer to the plaintiffs' first amended complaint on the bases that (1) plaintiffs have failed to allege sufficient facts to constitute any causes of action, and (2) that the defendant deputies are exempt from liability based on qualifie...

Excerpt: ...edings. Defendant's request for attorney's fees and costs incurred in bringing this motion is denied. The court orders a Case Management Conference on Thursday, November 4, 2021 at 8:30 a.m. in Department 7. Parties are directed to report to the court the status of arbitration proceedings. Plaintiffs seek class action recovery of damages for wage and hour violations. Defendant asserts Plaintiffs' claims must be arbitrated pursuant to a written ar...

Excerpt: ... negligence. Plaintiff moves this court to add a new defendant (AJM Delivery Service) and plead two new causes of action against AJM for negligence and premises liability. STANDARD OF REVIEW The court has discretion “in furtherance of justice” to grant leave to amend a party's complaint (CCP §§473(a)(1); 576) Leave to amend should be liberally granted “at any stage of the proceedings, up to and including trial” absent prejudice to the a...

Excerpt: ...main due and owing from Plaintiff relating to 2013 pecan crops. Defendant moves for summary judgment and alternatively, for summary adjudication of five (5) submitted issues. 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 p...

Excerpt: ...d that mandarins be raised on a smaller portion of the parcel that was leased to the defendant However, mandarins were never planted on the property because market conditions apparently changed for this crop. The thrust of the plaintiff's complaint is that the defendants never intended to plant mandarins on the plaintiff's parcel and that the defendants misrepresented the profitability of the mandarin market so as to induce the plaintiff to sell ...

Excerpt: ...y and as Successor in Interest to the Estate of Miguel Hernandez, to Request for Production of Documents, Set One and for Sanctions by Defendant Lawrence Tractor, Inc.; (3) Motion to Compel Responses, or alternatively, Further Responses by Plaintiff Vanessa Rivera, Individually and as Successor in Interest to the Estate of Miguel Hernandez, to Form Interrogatories, Set One and for Sanctions by Defendant Lawrence Tractor, Inc. Tentative Rulings: (...

Excerpt: ...nt 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 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....

Excerpt: ...adequate. No response has been filed by Plaintiff. Plaintiff is self-represented in this action. Plaintiff is required to comply with established requirements for valid pleading. (1) Defendant demurs to Plaintiff's complaint asserting it fails to state a cause of action because, on its face, the action is barred by the statute of limitations for medical negligence claims under CCP 340.5. For purposes of a demurrer all properly plead facts and tho...

Excerpt: ... interrogatories; and (4) request for production of documents, set one. Defendants shall pay sanctions to plaintiff's counsel in the amount of $560.00 no later than 30 days from the notice date for this ruling. CCP §2024.020 advises that (a) Except as otherwise provided in this chapter, any party shall be entitled as a matter of right to complete discovery proceedings on or before the 30th day, and to have motions concerning discovery heard on o...

Excerpt: ...cident which is the subject of this civil action. Defendant remains incarcerated in the Tulare County Jail on the criminal charges. There is a preliminary hearing scheduled in the criminal action on June 18, 2021. Defendant asks that the civil action be stayed and set for further case management conference in December 2021. Plaintiffs oppose the motion. It is alleged that Defendant was operating his vehicle under the influence of alcohol at the t...

Excerpt: ...required of her under the agreement. Plaintiff seeks an order to enforce the settlement agreement under CCP 664.6. Plaintiff's prior motion was denied by the court, without prejudice for an insufficient showing that Defendant has refused to comply with the settlement terms. The settlement agreement relied on by Plaintiff provides that Defendant will convey her interest in the subject real property to Plaintiff in consideration for a payment of $4...

Excerpt: ...e verified responses to Form Interrogatory 12.1 to plaintiff's counsel no later than thirty days following the notice of this ruling. (2) To grant in part and deny in part plaintiff's motion to compel further responses to request for production of documents nos. 1, 3, 9, 37-54, and 60-65 as detailed below. As to those document categories where the court has indicated that a further response is required, defendant General Motors shall provide full...

Excerpt: ...were served on Plaintiffs' counsel by electronic mail on April 7, 2021. No opposition has been filed. Plaintiffs action asserts wage and hour violations against Defendant. Defendant proposes to assert additional affirmative defenses in its answer based on separation agreements executed by Plaintiffs. Defendant's proposed Cross-Complaint seeks affirmative relief based on the same purported agreements. Defendant has shown that Plaintiffs were aware...