Excerpt: ... parcel of real property in the City of Visalia and one parcel in the City of Tulare. Plaintiffs operated an assisted living facility at the Visalia parcel. Plaintiffs were planning convert the Tulare parcel into an additional assisted living facility. Defendants were involved in financing or refinancing for both properties from about November 2016 through June 2017. Defendants assert they loaned $3,575,000.00 to Plaintiffs secured by the two par...

Excerpt: ...ith reference to the public policies underlying PAGA. (O'Connor v. Uber Technols., Inc. (2016) 201 F.Supp.3d 1110, 1113.) The settlement is limited to PAGA claims. Compliance with class certification requirements is not required. (Arias v. Superior Court (Angelo Dairy) (2009) 46 Cal.4 th 969.) “Although our Supreme Court has stated that this provision ensures that “any negotiated resolution is fair to those affected” (Williams v. Superior C...

Excerpt: ...sents Zenith and thus must be disqualified for an alleged conflict of interest. Zenith asserts it has hired the Horton firm on a number of occasions since 2016 to represent its insureds in litigation matters. Zenith asserts the Horton firm represented its insureds in a number of cases at the time the present action was filed by Plaintiff. In this action, Zenith asserts a subrogation claim against Defendant Hettinga Transportation for workers' com...

Excerpt: ...ased from Defendant's dealer. By this motion, Plaintiff seeks an order requiring Defendant to provide further responses to 15 requests for production of documents. Plaintiff asserts the requests involve 1) Defendant's internal investigation of defects involving powertrain, electrical, and backup camera; and 2) Defendant's warranty and vehicle repurchase policies, procedures and practices. Plaintiff asserts Defendant's responses to the 15 discover...

Excerpt: ... 425.16.) Plaintiffs' initial complaint filed March 23, 2020 sought damages on five causes of action: Malicious Prosecution, Abuse of Process, Breach of Contract, Inverse Condemnation, and Violation of Civil Rights. On July 22, 2020, Defendant filed its Special Motion to Strike as to all causes of action. On September 2, 2020, prior to the hearing on the Special Motion to Strike, Plaintiff filed a First Amended Complaint asserting only claims for...

Excerpt: ...for negligence, intentional misrepresentation, battery, lack of informed consent, and negligent infliction of emotional distress. Plaintiffs' claims relate to dental procedures including multiple dental crowns involving the now four-year old Plaintiff, Giselle Cisneros. Defendant demurs to the Third Cause of Action – for medical battery; the Fourth Cause of Action – for lack of informed consent; and to the Fifth Cause of Action – for neglig...

Excerpt: ... Cross-Complaint within ten (10) days of this order. This action is a dispute over development of commercial real property located in Tulare County. Cross-Defendants demur to all causes of action asserted in the Second Amended Cross- Complaint. Cross-Complainants' procedural objections to the demurrer are overruled. For purposes of a demurrer all properly plead facts and those reasonably arising by implication must be accepted as true. (Couglas v...

Excerpt: ...with 15 days leave to amend. Petitioner Cendy Palacio sought to join additional parties to a judgment of dissolution proceeding in order to facilitate enforcement of a judgment. After extensive litigation, the court granted this joinder and Respondent Juan Ayala and Alfredo Ayala appealed. The appellate court affirmed the lower court's ruling, and addressed the motions now before the court in its opinion. (1) Alfredo Ayala demurrers to causes of ...

Excerpt: ...ndant's Request for Production of Documents, Set One within 30 days of this order. To Order that Defendant's Requests for Admission numbered 1 through 36 are deemed admitted. The court orders Plaintiff Rafael A. Jovel Martinez to pay to Defendant the sum of $550.00 as a monetary sanction. Sanctions are payable within 30 days of this order. Proof of service in the file indicates notice of the motion was adequate. Plaintiff has not filed a substant...

Excerpt: ... employee handbook, which contains the arbitration provision relied on by Defendant, specifically provides the handbook is not a contract and further provides it may be unilaterally amended by Defendant at any time. These provisions render the provision ambiguous and unenforceable by Defendant. The admonition that the agreement creates no legal rights appears not only in the introduction to the handbook, but on the acknowledgement page as well. A...

Excerpt: ...ntiff, a non-profit corporation. The officers are not attorneys. Defendant demurs to the complaint because a corporation is not permitted to appear in court without an attorney. (Merco Constr. Engineers, Inc. v. Mun. Court (1978) 21 Cal.3d 724, 731; Gamet v. Blanchard (2001) 91 Cal. App. 4th 1276, 1284.) Plaintiff recently retained counsel who substituted into this action on February 3, 2021. Counsel filed a response to the demurrer seeking only ...

Excerpt: ...eeks damages from Defendant Visalia Unified School District and several school district administrators arising from the 2017 death of Plaintiff's daughter. (1) All Defendants demur to all causes of action asserted by Plaintiffs. For purposes of a demurrer all properly plead facts and those reasonably arising by implication must be accepted as true. (Couglas v. E. & J. Gallo Winery (1977) 69 Cal.App.3d 103, 114.) An exception, however, is that the...

Excerpt: ...hearing on all three discovery motions to March 23, 2021 at 8: 30 a.m. in Department 23. As to all three discovery motions: Plaintiff's action seeks damages for injuries suffered from a defective product. Defendant propounded written discovery in October 2020. Plaintiff, through his counsel, provided responses to the discovery containing only unverified objections. Plaintiff's counsel advised Defense counsel that there was a communication problem...

Excerpt: ... court by National General Insurance Company; and to Order the clerk to release and disburse to Plaintiff Maribel Lopez $5,000.00 from funds deposited with the court by National General Insurance Company. Proof of service in the file indicates notice of the motion was adequate. No response to the motion has been filed. Defendant has entered into a settlement with Plaintiff Visalia Unified School District and Plaintiff Maribel Lopez. This is an in...

Excerpt: ...t by Plaintiff (Taft v. Bhajal VCL195959). The court's ruling on demurrer in the separate action is applicable in part. Plaintiff, Mary Taft is the mother of Foster Taft, who was recently admitted to the bar and now represents Mary Taft in this action. Foster Taft, in his individual capacity, previously filed two separate actions against Defendant. (VCU268870 and VCU283754.) In both actions Foster Taft sought medical records from Defendant relate...

Excerpt: ... good faith settlement. Defendant Dokken Engineering, Inc. objects to the settlement. In this action City of Dinuba seeks to recover from Seville Group and Dokken Engineering the amount of an arbitration award entered against it and in favor of Papich Construction, Inc. The City seeks to recover the sum of $3,700,000.00 plus fees and costs. The amount represents expenses incurred for dealing with underground utility lines which had to be moved fo...

Excerpt: ...s order. Defendant demurs to the Third Cause of Action – for Conspiracy and to the Fifth Cause of Action – for Unfair Competition in Plaintiff's Third Amended Complaint. For purposes of a demurrer all properly plead facts and those reasonably arising by implication 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 proper...

Excerpt: ...uired administrative remedies have been exhausted. Plaintiffs are the relatives of Albert Balderas, Jr., deceased. The decedent was a disabled individual who received services from Defendants Social Vocational Services, Inc. and Defendant Central Valley Regional Center, Inc. While on an outing with SVS, decedent was arrested for improperly touching a boy in a restroom. While in custody at the Tulare County pre-trial detention facility, decedent w...

Excerpt: ...to Petitioner's First Amended Petition for Writ of Mandate; and (2) To Grant the Motion by Touchstone Pistachio Company to Strike Portions of the First Amended Petition for Writ of Mandate, with leave to amend. Any amended petition should be filed and served within fourteen (14) days of this order. (1) Real Party in Interest (“Touchstone”) demurs to all causes of action asserted in the First Amended Petition for Writ of Mandate. Touchstone as...

Excerpt: ...amended complaint must be filed and served within ten (10) days of this order. (2) To Deny Defendant's Motion To Strike Punitive Damages in Plaintiff's Complaint (1) In this lemon law action, Defendant demurs to Plaintiff's 3 rd, 5 th and 6 th Causes of Action. For purposes of a demurrer all properly plead facts and those reasonably arising by implication must be accepted as true. (Couglas v. E. & J. Gallo Winery (1977) 69 Cal.App.3d 103, 114.) A...

Excerpt: ...he Motion by Defendant David Wilgus to Contest the Application for Determination of Good Faith Settlement. This action arises from an automobile accident occurring August 1, 2018. Plaintiff seeks recovery for injuries suffered as a passenger of one of the two vehicles involved in the accident. Defendants Feinstein and Wilgus were drivers of the vehicles. Feinstein has filed a Cross-Complaint against Wilgus for indemnification and apportionment of...

Excerpt: ...it worthiness. Defendant's declaration confirms title was placed in her name. Nothing in Defendant's declaration disputes Plaintiff's contentions that he contributed equally to the down payment, renovation expenses, and maintenance expenses. Plaintiff also asserts he contributed equally to all mortgage payments. Under these circumstances, Plaintiff has adequately asserted a claim to an interest in real property under CCP 405.4. Exhibit “4” at...

Excerpt: ...ents Mary Taft in this action. Foster Taft, in his individual capacity, previously filed two separate actions against Defendant. (VCU268870 and VCU283752.) In both actions Foster Taft sought medical records from Defendant related to his father (and husband of Mary Taft). Both of those prior actions were disposed of after demurrers by Defendant were sustained without leave to amend. Plaintiff's action here repeats the same claims for medical recor...

Excerpt: ... order on October 30, 2020. In the past, the parties have indicated the proposed depositions are dependent on site inspection results. The parties have endeavored to reach agreement for a further site inspection order. The parties' efforts have been unsuccessful. Plaintiff has submitted a proposal calling for testing of multiple wells and other sites on Defendant's property over a period of many months which Plaintiff claims is necessary to estab...

Excerpt: ...y 18, 2021 to provide further information. Supplemental supporting documents were submitted on February 16, 2021 only 2 days before the hearing. Plaintiff has addressed a majority of the deficiencies noted by the court in its January 7, 2021 ruling. The court's remaining concerns are as follows: Plaintiff has provided information as requested about the net settlement and estimated distribution to class members. The estimated average distribution ...