Excerpt: ...ntiff shall provide full and complete verified responses to these discovery requests without objection to defendant's counsel later than 20 days from the date of notice of this ruling. Mr. Souza and his counsel shall also pay monetary sanctions to defendant's counsel in the amount of $560.00 no later than 30 days from the date of notice of this ruling as per CCP §2023.030 (a) and CCP §2030.290(c) The Court notes that these discovery motions wer...

Excerpt: ...adjudication were separately filed in each case. On November 22, 2020 the court entered its order consolidating the cases for purposes of summary adjudication. The subject motions arise out of two separate actions arising out of the treatment of John Torrez III. The first action (VCU268786) was a medical negligence claim and included a loss of consortium claim by spouse Bernadette Torrez. The action was filed in March 2017 and alleged damages fro...

Excerpt: ...No. VCU276661 filed December 18, 2018. The prior action was not served until Plaintiff filed its First Amended Complaint on July 31, 2019. The prior action was brought by the City of Corcoran against Curtimade Dairy asserting causes of action for public nuisance, trespass, negligence, and unlawful business practices. Both the prior action and the subject action involve disputes between the parties over alleged contamination of city water wells fr...

Excerpt: ...rocessed to the court's case management system. On August 10, 2020, Plaintiff's prior motion for leave to complete discovery was granted, in part. The court directed the discovery cutoff would be extended to that based on the current trial date of December 14, 2020 only for the purpose of taking depositions of Defendant, Defendant's experts, and other witnesses as agreed by the parties. Plaintiff informed the court and Defendant's counsel that a ...

Excerpt: ...shall pay all fees and costs required by JAMS to initiate a consumer arbitration proceeding. In his Complaint, Plaintiff asserts he purchased a used motor vehicle and that the seller failed to disclose prior structural damage as a result of which Plaintiff suffered damages. Plaintiff asserts the purchase was made in accordance with a written agreement which contains an arbitration provision. Plaintiff has named as Defendants the seller, sellers b...

Excerpt: ...e court's tentative ruling issued October 23, 2020. Plaintiff's request for consideration of his improperly filed surreply (filed October 15, 2020) is denied. Plaintiff's separately filed request for a statement of decision is denied. Plaintiff seeks reconsideration of this court's ruling made October 26, 2020 sustaining Defendant's demurrer to Plaintiff's Complaint, without leave to amend. No request oral argument having been received, and there...

Excerpt: ...efendant's Motion for Summary Adjudication of Plaintiff's Third Cause of Action for Negligence. (1) On October 30, 2020 the court issued its initial order for a visual inspection of Defendant's property. As part of its order, the court set a further hearing on Plaintiff's motion. There is no additional tentative ruling. The parties are directed to appear prepared to address the status of the preliminary inspection and be prepared to discuss any f...

Excerpt: ... shall pay all fees and costs required by JAMS to initiate a consumer arbitration proceeding. In his Complaint, Plaintiff asserts he purchased a used motor vehicle and that the seller failed to disclose prior structural damage as a result of which Plaintiff suffered damages. Plaintiff asserts the purchase was made in accordance with a written agreement which contains an arbitration provision. Plaintiff has named as Defendants the seller, sellers ...

Excerpt: ...r 29, 2020. The hearing was continued at the request of the parties until after a second round of mediation could be held on November 19, 2020. No documents have been filed in this action since September 24, 2020. Defendant's motion was filed on August 5, 2020. Plaintiff filed opposition on September 16, 2020. Defendant's reply was filed on September 16, 2020. Nothing having been filed as to the status of the parties' mediation efforts, the court...

Excerpt: ...; 3) Negligent Hiring/Retention; 4) Sexual Battery; and 5) Sexual Harassment. Defendant moves for summary judgment/adjudication as to all causes of action. Defendant asks the court to take judicial notice of three documents. The court grants the request as to the March 9, 2019 ruling on Defendant's Motion to Strike and Motion for Judgment on the Pleadings. (Exhibit RJN-A.) The request is denied as to the other documents which are not court record...

Excerpt: ...int. Defendant shall file its answer to the First Amended Complaint within ten (10) days of this ruling. (1) In this action, Plaintiff asserts causes of action for breach of implied warranty, breach of express warranty, and fraudulent inducement – concealment related to his purchase in October 2017 of a new 2017 Cadillac Escalade vehicle. Plaintiff has named as Defendant only the vehicle manufacturer, General Motors, LLC. Plaintiff has not asse...

Excerpt: ...Casca. Plaintiff asserts Casca's vehicle collided with hers causing the asserted injuries and damages. As to demurring Defendant, Plaintiff asserts a single cause of action for fraud and conspiracy. Defendant asserts Plaintiff lacks standing to bring a claim against it and that Defendant is improperly joined in this action. Defendant further asserts Plaintiff has failed to state sufficient facts to establish two required elements of a fraud claim...

Excerpt: ...cuments attached within five court days from the date of this ruling. All dates identified in this ruling shall be extended by five court days except for the hearing date for this present motion and the Order to Show Cause hearing.) Tentative Ruling: Defendant William Petty shall coordinate with plaintiff's counsel a mutually convenient date for Mr. Petty to be deposed that is no later than 25 days from the notice date from this ruling. Mr. Perry...

Excerpt: ...t an opportunity to file a reply. As of November 18, 2020 no reply documents have been processed to the court's case management system. Plaintiff's Complaint asserts 19 causes of action arising from Defendant's foreclosure of a deed of trust encumbering residential real property commonly known as 13245 Ave. 232, Tulare, CA 93274. Summary judgment is granted when no triable issue exists as to any material fact and the moving party is entitled to j...

Excerpt: ...so pay monetary sanctions to defendants' counsel in the amount of $1,260.00 under CCP §2023.030(a) and §2025.450(g)(1) within thirty days from the notice of this ruling. OPERATIVE FACTS This is a Song-Beverly “lemon law” case that arises out of perceived defects that plaintiff James Martino alleges as to a 2012 Dodge Ram that he purchased from the defendants. On April 20, 2020, defense counsel for defendants FCAUS LLC et al. (hereinafter id...

Excerpt: ...was repeatedly assaulted and threatened by Sergeant Ramirez in 2018 and 2019, with the final incident occuring in June 2019. Following this final alleged assault, Ms. Hillan was allegedly threatened with violence by Sergeant Ramirez (an employee of Tulare County Sheriff's Department) if she reported the assault, had been allegedly told by Sergeant Ramirez's employer that she should stay quiet because Sergeant Ramirez would be protected by the she...

Excerpt: ...(Code of Civil Procedure §387) Tentative Ruling: Star Insurance Company's Motion for Leave to File a Complaint-In-Intervention is granted. Intervenor Star Insurance Company shall have ten days' leave to file its complaint-in- intervention in this case. The Court notes from a review of its file for this action that all parties affected by this motion were given timely and proper notice. The Court has not received any response to this motion. This...

Excerpt: ...at Defendant is entitled to recover its reasonable attorneys' fees and costs for bringing its Special Motion to Strike as to these claims. In its prior ruling on September 17, 2020, the court, on the merits, denied Defendant's Special Motion to Strike as to Plaintiffs' claims for breach of contract and for inverse condemnation. The motion as to Plaintiffs' claims for malicious prosecution, abuse of process, and violation of civil rights was made ...

Excerpt: ...'s motion was initially heard on June 25, 2020. The motion as it relates to summary adjudication of Plaintiff's product liability claim (Plaintiff's Second Cause of Action) was continued to August 20, 2020 to enable Plaintiff to conduct discovery related to the elevator in which Plaintiff alleges she suffered injury. The court invited supplemental opposition from Plaintiff and a reply from Defendant. Plaintiff submitted her opposition documents o...

Excerpt: ...ty Act because Plaintiff's vehicle does not fall under the definition of Civil Code 1793.22(e)(2) Defendant asserts the vehicle was purchased for business purposes and asserts the weight of the vehicle exceeds 10,000 lbs. Under these facts, the vehicle would not be subject to the protections of Song-Beverly. Plaintiff disputes the vehicle weight asserted by Defendant. Civil Code 1793.2(e)(2) defines a vehicle covered under Song-Beverly as follows...

Excerpt: ...ction. On May 21, 2020, plaintiff amended his complaint to identify defendant Optimal Health Services as DOE 3. Optimal answered plaintiff's complaint on July 1, 2020. On July 27, 2020, counsel for Optimal learned that plaintiff served Optimal with a Notice of Intention to File Suit on November 15, 2019 that identified Optimal by name and demonstrated that the plaintiff was aware of its identity before filing his complaint. Optimal now seeks leav...

Excerpt: ...d Christian Durkee Only) as Terminating Sanction for Failure to Respond to Discovery Notwithstanding Court Order Tentative Rulings: (1) Defendant Heartland Express Inc. of Iowa's motion for order that requests for admission to plaintiff Henry Jiminez be deemed admitted is granted. The facts and allegations set forth in Requests for Admissions 1 through 12 of defendant Heartland Express Inc. of Iowa's first set of request for admissions to plainti...

Excerpt: ...ted to her purchase in September 2013 of a new 2013 Nissan Sentra vehicle. Plaintiff has named as Defendant only the vehicle manufacturer, Nissan North America, Inc. Plaintiff has not asserted any claims against the selling dealer. Defendant demurs to the Third Cause of Action – for fraudulent inducement/concealment For purposes of a demurrer all properly plead facts and those reasonably arising by implication must be accepted as true. (Couglas...

Excerpt: ... was not required to do anything to further her defense of this action until that time. The court is not persuaded. CCP §473(b) provides that “The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect.” The summons that plaintiff served on Ms. Mayorga u...

Excerpt: ...arty Richard L. Wendt and request for sanctions is granted. Dr. Wendt shall produce the requested records to defendant's counsel no later than 10 days from the notice of this ruling. Dr. Wendt shall also pay sanctions to defendant's counsel in the amount $560.00 no later than 30 days from the date of notice of this ruling All parties were given proper notice of this matter. There has been no response to this motion. Defendant Altura Centers for H...