Excerpt: ...rrer by Defendants Enterprise Rent-A-Car Company of Sacramento, LLC and National Car Rental to Plaintiffs' First Amended Complaint as to all causes of action; and (2) To Grant the Motion by Defendants Enterprise Rent-A-Car Company of Sacramento, LLC and National Car Rental to Strike Punitive Damages Allegations, without leave to amend and to deny the motion as to class allegations. Defendants shall file their answers to the First Amended Complain...

Excerpt: ...s to Plaintiff's claim for penalties under Labor Code 226 as asserted in his Fourth and Fifth Causes of action, without leave to amend; To Grant the motion to strike as to Plaintiff's claim for attorneys' fees in his Fourth and Fifth Causes of Action, with leave to amend; and to Deny the motion to strike as to Plaintiff's claims for punitive damages. Any amended complaint must be filed and served within ten (10) days of this order. Plaintiff, a f...

Excerpt: ...Visalia police officers who are the named party Defendants. The subject of the search warrant was Patrick Fuller. Plaintiff Atabeira Fuller is the spouse of Patrick Fuller. Plaintiff James C. Holland was also a resident at the home of Patrick and Atabeira Fuller, one of the properties searched by Defendants. The claims of Plaintiff Atabeira Fuller were dismissed on January 19, 2020. Defendants' motion relates to the remaining claims asserted by P...

Excerpt: ...aint within (10) days of this order. In this action, Plaintiffs assert causes of action for breach of implied warranty, breach of express warranty, and fraudulent inducement – concealment related to their purchase in December 2015 of a new 2016 GMC Sierra 1500 vehicle. Plaintiffs' have named as Defendant only the vehicle manufacturer, General Motors, LLC. Plaintiffs have not asserted any claims against the selling dealer. Defendant demurs to al...

Excerpt: ...t of a wrongful death and medical negligence claim by the Estate of James Snow Jr. against the Kaweah Delta Health Care District and the physicians who treated the late James Snow Jr. following the implementation of a pacemaker in Mr. Snow. Mrs. Joy Snow (the guardian ad litem for the Estate of James Snow Jr.) contends that defendants negligently prescribed the drug Digoxin for Mr. Snow notwithstanding that this drug was contraindicated following...

Excerpt: ...tatewide Communities Development Authority to Plaintiffs' Complaint as to all causes of action, without leave to amend. If the parties have stipulated to allow an amended complaint to be filed, the court will honor this stipulation. The demurrer and motion were both filed on August 27, 2020. Proof of service in the file indicates notice of both the demurrer and the motion was adequate. As of September 21, 2020, no response to the demurrer or to t...

Excerpt: ...r than thirty days from the date of this ruling. OPERATIVE FACTS On or about December 2. 2019, plaintiff Nationwide Acceptance LLC's counsel filed a default judgment packet with the court. Because of an error entered into the case management system of plaintiff's counsel, a request for dismissal was accidently generated as part of the default judgment packet that plaintiff's counsel filed with the court. Plaintiff now moves the court to vacate th...

Excerpt: ...eath, dependent adult abuse, and violation of the Bane Act (cruel and unusual punishment). Defendant contends the complaint fails to assert compliance with tort claim requirements. (State of California v. Superior Court (2004) 32 Cal.4th 1234.) Defendant also asserts it is immune from liability from Plaintiffs' claims. (Gov't. Code 815, 844.6; Towery v. State of California (2017) 14 Cal.App.5th 226; May v. County of Monterey (1983) 139 Cal.App.3d...

Excerpt: ...any response to this MSJ. This MSJ arises out of defendant Juan Velasco's default on a credit card obligation to plaintiff Wells Fargo Bank. Wells Fargo's complaint pleads breach of contract and the common counts of open book account, account stated, money paid money lent to Mr. Velasco by way of purchases and cash advances. A plaintiff moving for summary judgment (MSJ) must make a prima facie showing that there are no triable issues of fact to m...

Excerpt: ...the form of order and the form of judgment lodged by Plaintiff. Proof of service in the file is sufficient to show notice of the motion was adequate. No response to the motion has been filed. On January 14, 2020, Plaintiff filed notice of its motion to deem matters admitted. Defendant failed to respond to the motion. On March 16, 2020, the court entered an order deeming admitted all requests contained in Plaintiff's Request for Admissions, Set On...

Excerpt: ...a subsequent judgment debtor examination that there was a separate entity named DND Learning, Inc. that debtor Dyer uses to control his assets and keep them from creditors. Plaintiff now seeks to add DND as a defendant-debtor to this action. CCP §187 authorizes a trial court to amend a judgment to add judgment debtors. See Misik v. D'Arco (2011) 197 Cal.App.4 th 1065, 1072. To amend a judgment to add a new defendant-debtor, the plaintiff must co...

Excerpt: ... purchased from defendant dealer Jim Manning Dodge. Defendants assert the Retail Installment Sales Contract (RISC) executed by Plaintiffs at the time of vehicle purchase contains an enforceable arbitration provision. Defendants assert the provision is applicable to both the dealer and to Defendant FCA US, LLC, the vehicle manufacturer. Plaintiffs have now dismissed the dealer as a party defendant. Plaintiffs assert the arbitration provision appli...

Excerpt: ...wenty days from the notice of this ruling. No monetary sanctions shall be imposed against plaintiff and her counsel because the circumstances that resulted in this motion render the imposition of sanctions unjust. This action arises out of a claim of alleged sexual abuse perpetrated on plaintiff by defendant Bryan Ferriera. The City of Visalia is a defendant in this action because it was the employer of Mr. Ferriera at the time of the sexual abus...

Excerpt: ...ubject to the conditions stated below. Plaintiff seeks to recover damages for severe injuries suffered in an automobile accident. Defendants/Cross-Complainants move to bifurcate the issue of course and scope of employment from other issues including apportionment of fault, and damages at trial. California courts have approved bifurcation of the course and scope issue. (Wank v. Richman & Garrett (1985) 165 Cal.App.3d 1103.) Whether the driver of t...

Excerpt: ... for inverse condemnation; continue the hearing on the Special Motion to Strike as to Plaintiffs' malicious prosecution, abuse of process, and violation of civil rights claims to November 19, 2020. Plaintiffs shall file further opposition (limited to the continued issues) by October 8, 2020. Defendant shall file a further reply by November 5, 2020. Plaintiffs' Complaint was filed on March 23, 2020 asserting causes of action for: 1) Malicious Pros...

Excerpt: ...thin ten (10) days of this order. (1) Defendants demur to Plaintiffs' breach of contract cause of action. Defendants' demurrer to Plaintiffs' prior pleading as to this cause of action was sustained with leave to amend. Defendants assert Plaintiffs have failed to cure the pleading deficiencies. 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 (...

Excerpt: ...r summary adjudication as to Defendant Brenda Holly. Plaintiff's motion was filed on June 3, 2020. An opposition to the motion was filed on September 1, 2020. This action involves a family dispute over title to real property commonly known as 304 East Beacon Street, Tulare, California. The property was owned by decedent Emalyne Comfort Franks. Decedent died on March 12, 2018. Plaintiff alleges he is decedent's stepson. Defendant Brenda Holly is d...

Excerpt: ...t. All of Plaintiff's claims relate to amounts claimed due and owing to Plaintiff for providing ag management services to Defendants. Defendants demur to all 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. An exception, however, is that the general rule is limited to those material facts prope...

Excerpt: ...Burton P. Olson. Cross-Defendants shall file their answer to the Cross-Complaint within ten (10) days of this order. As to both the demurrer and the motion to strike: By his Cross-Complaint, Plaintiff and Cross-Complainant Burton P. Olson asserts five causes of action: conversion, waste, unjust enrichment, breach of fiduciary duty, and for accounting. Cross- Defendants demur to all causes of action and move to strike portions of the Cross-Complai...

Excerpt: ...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 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 existenc...

Excerpt: ...laintiffs shall provide a full and complete verified response without objections as indicated below within 30 days from the date of the notice of this ruling The Court further orders under CCP §2023.010; §2023.030(a) and §2030.290(c) that plaintiffs shall pay monetary sanctions to defendants' counsel in the amount of $7000.00 within thirty days from the hearing date of this discovery motion. Interrogatory 12.2 calls for the name, contact infor...

Excerpt: ...The court advised Plaintiff's counsel of deficiencies in Plaintiff's motion and continued the hearing to allow Plaintiff an opportunity to submit supplemental declarations to address the problems outlined by the court. Plaintiff filed supplemental declarations on August 17, 2020. The court preliminarily approved the gross settlement amount of $300,000.00. Distribution provisions of the settlement have been revised such that class members will rec...

Excerpt: ...mount due and owing to Hartford (as indicated in the allegations in the plaintiff's complaint) is $5,197.06 plus accrued interest. On or about July 18, 2019, defendant Soria agreed to settle this case for the payment of $5,422.06 to Hartford in monthly installments of $150.00 on the 3rd day of each month (beginning August 3, 2019) until this $5,422.06 was paid in full. The terms of this settlement were memorialized in a “Stipulation for Entry o...

Excerpt: ...) case brought by Defendant in the federal court. By order of the federal district court issued on February 5, 2019, Plaintiff was found responsible for 50% of future cleanup costs. The order remains in full force and effect. Plaintiff's Complaint here was filed on November 25, 2019. Defendant removed this case to the federal district court on December 30, 2019. On May 19, 2020, the federal district court issued its order (by the same judge who i...

Excerpt: ...application for a fee waiver because her counsel Barry Fischer agreed to pay the necessary filing fees. Because of the outbreak of the COVID-19 pandemic in late March, 2020, the City of Beverly Hills ordered all non-essential business (including the Law Office of Barry Fischer) closed. Mr. Fischer was replaced as plaintiff's attorney of record by attorney Behrouz Shafie, on or about April 14, 2020. Attorney Shafie filed the formal Substitution of...