Excerpt: ...tions to resolve the issues raised in these discovery motions. At the hearing for this motion, the court will inquire as to the efforts undertaken by the parties to meet and confer since this tentative ruling was published before a final ruling will be issued. If unable to resolve, the court recommends and encourages that the parties appear by CourtCall or other telephonic means so as to minimize their contact with the court, its staff, and oppos...

Excerpt: ...ctions. Plaintiff's action is to recover amounts allegedly overpaid to Defendant for leave benefits between January 2016 through June 2017. Overpayments were allegedly made due to an error by Plaintiff's employees which was not discovered for 18 months. Plaintiff asserts the overpayments over the period of 18 months total $49,332.46. Summary judgment is granted when no triable issue exists as to any material fact and the moving party is entitled ...

Excerpt: ...ability 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 on August 7, 2020. Defendant's reply was filed on August 14, 2020. It appears Plaintiff's inspection of the subject elevato...

Excerpt: ...e is the amount of those fees. The court determines the amount of “reasonable” attorney fees utilizing the “loadstar- adjustment” method. The court calculates the loadstar which is the number of hours reasonably spent multiplied by the reasonable hourly rate. (Serrano v. Priest (Serrano III) (1977) 20 Cal.3d 25, 48.) The loadstar amount can be adjusted based on factors such as contingent risk, novelty and complexity of the case, and resul...

Excerpt: ...rmination, and declaratory relief. Defendant's summary judgment motion was filed on February 27, 2020 and originally noticed for hearing on May 12, 2020. Pursuant to emergency orders, the hearing was continued to July 15, 2020. Plaintiff, without the assistance of counsel, filed a response to the summary judgment motion on May 5, 2020. There is no indication that the opposition was served on Defendant. On May 28, 2020, Plaintiff was again represe...

Excerpt: ...ts alleged by Plaintiff in its Complaint. Defendant asserts it had no interaction with Plaintiff and that it cannot be held vicariously liable for torts occurring before its formation. Bor-Go offices are in Nevada. It is in the business of providing software to companies to process payroll. Bor-Go does business with California companies pursuant to service agreements which authorize companies to access Bor-Go's service. The service agreements con...

Excerpt: ...re in addition to the general damages awarded in the court's ruling on Motion for Summary Judgment filed July 1, 2020. This court granted Plaintiff's Motion for Summary Judgment and set this matter for further hearing to determine exemplary damages. Plaintiff filed his memorandum of costs, a declaration in support of the request for attorneys' fees, and points and authorities in support of his request for exemplary damages. All documents were ser...

Excerpt: ...endant Heartland Express, Inc. of Iowa's Motion to Compel Plaintiff Henry Jimenez's Responses to Defendant's Special Interrogatories, Set One; Request for Monetary Sanctions Tentative Rulings: (1) To grant defendant Heartland Express, Inc. of Iowa's motion to compel plaintiff Henry Jimenez's responses to defendant's special interrogatories, set one; (2) To grant defendant Heartland Express, Inc. of Iowa's motion to compel statement of compliance ...

Excerpt: ...30 days from the notice of this ruling. Mr. Olson shall also be afforded the option under Judicial Council Emergency Rule 11(a) to provide deposition testimony at a remote location from the deposition site by whatever means is available and acceptable to Mr. Olson. Counsel for the parties shall negotiate and determine an acceptable manner for plaintiff's deposition testimony to be recorded within minimum contact between Mr. Olson, respective coun...

Excerpt: .... These motions arise out of a settlement agreement between the parties that called for the defendant to pay to the plaintiff the amount of $47,500.00 with 10% interest per annum in monthly payments from February 24, 2020 through July 24, 2020. This settlement agreement reserved the right to plaintiff to seek a judgment under CCP §664.6 in the event of default. To date, defendant has paid only the February payment, leaving a balance due of $40,4...

Excerpt: ...ctices. These causes of action arise out of plaintiff Bryce Ramay's employment with defendants WPI Water Resources, Inc., Water Well Specialties, Inc. Defendants contend that the working conditions at their workplace are governed by an “Employee Handbook” that new employees are required to sign at the commencement of their employment. This “employee handbook” contains a clause that states that employees waive their right to a jury trial a...

Excerpt: ...ross-Complainant Kaiser Foundation Health Plan, Inc.'s (“Kaiser”) first and only cause of action to its Cross-Complaint. The cause of action is for Unjust Enrichment/Restitution. Kaweah Delta asserts the claim fails for failure to comply with the requirements of the Government Claims Act. (Gov't. Code 900 et seq.) Kaweah Delta previously demurred to the Cross-Complaint. The demurrer was overruled. No contention regarding the claims act was ra...

Excerpt: ...nesses that plaintiff or defendant elect to take. The new discovery cutoff date shall be based on the current trial date of December 14, 2020 as per CCP §2024.010 et seq. No sanctions shall be imposed against defendant Oscar Berriozabal or his attorney of record. This case arises out of a January 30, 2018 traffic collision where plaintiff contends that she was rear- ended by the defendant at a speed that plaintiff contends to be approximately 65...

Excerpt: ...Co.'s to provide further responses to defendant's first set of form interrogatories. Defendant's motion is denied as procedurally defective. California Rule of Court 3.1345(a) mandates 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: … (2) To compel further responses to interrogatories; (...

Excerpt: ... December 19, 2019 as document number 2019-0074835 is expunged. Plaintiff's Complaint in this action, filed December 17, 2019, asserts 19 causes of action challenging Defendants' non-judicial foreclosure proceedings against residential property commonly known as 13245 Ave. 232, Tulare, Ca. Plaintiff purchased the property from Defendants on December 15, 2015. Defendants financed Plaintiff's purchase with a note secured by a deed of trust in the a...

Excerpt: ...epresented since that time. Proof of service in the file indicates notice of the motion was adequate. Defendant has not filed a response to the motion. Plaintiff seeks to amend to add three new party Defendants. Plaintiff's moving papers are sufficient to show that Plaintiff was made aware of the three new Defendants only after receiving discovery responses from Defendant Whitney Mitchell. The new Defendants claim an interest in the real property...

Excerpt: ...aintiffs have failed to state facts sufficient to meet the particularity requirements for pleading negligence against a public agency. (Susman v. City of Los Angeles (1969) 269 Cal.App.2d 803, 809.) When read as a whole, the allegations of Plaintiffs' pleading are sufficient to support a negligence claim resulting from a dangerous condition to property. (Government Code 830.8 and 835.) This action involves a fatal motor vehicle accident. Plaintif...

Excerpt: ...ing for work and submitted job applications to Bath and Body Works, Tilly's Volcom, and Zumie's (See Exhibit “A” to the declaration of Sung “Sean” Kim, at p. 28, line 17 –page 29 line 26, etc.) The attorney representing Mr. Moreno (Sung “Sean” Kim) had only recently joined the law firm representing the plaintiff when he was assigned to prepare the plaintiff's case. When Mr. Kim was assigned the plaintiff's case, he was not aware of ...

Excerpt: ...ice is denied. Plaintiff's objections to the declaration of Ware Kuschner, M.D. are overruled. This is a medical malpractice action. Defendant submits 26 material facts in support if its summary judgment motion asserting Defendant met the applicable standard of care with regard to Defendant's treatment of Plaintiff's decedent. Defendant asserts Plaintiff's action must be dismissed for failure to comply with the requirements of the Government Tort...

Excerpt: ...o Deny the Motion by Plaintiffs to advance the class certification hearing date. Defendant's objections to the Declaration of Daniel Kopfman are overruled. Defendant has sought and obtained over 100 settlement and release documents from its current and former employees. In addition, Defendant has sought and obtained over 100 declarations from its current and former employees which are prepared by Defendant's counsel, are essentially identical and...

Excerpt: ...act and negligence claims. Plaintiff also seeks to add a claim for punitive damages. The new claims are against Defendants Choice Drilling, Inc. and its president, Sean Pichinson. Defendants oppose the motion. Defendants assert that the Plaintiff's claim that amendment is needed due to “new information” is false. Defendant contends Plaintiff had all information relied on to support its fraud claims prior to filing this action. Defendants furt...

Excerpt: ...s. There has been no response to this petition. This action arose when respondents Juicers, LLC and Michael Washington agreed to indemnify and hold harmless Ms. Deering from all liabilities of Juicers, LLC. Respondents failed and refused to pay FreshKO Services, Inc., a creditor of Juicers, LLC, the sum of $13,125.08 due and owed to FreshKO This resulted in Ms. Deering having to personally pay the $13,125.08 due and owed to FreshKO. The parties a...

Excerpt: ...Michelle Elizabeth Barnett, Deceased and to Deny the request for Leave to File an Amended Complaint; (2) To Deny the Motion by Defendant Carl Kunkel to Stay Entire Action. (1) Plaintiff asserts named Defendant Michelle Elizabeth Barnett died after this litigation was commenced. Plaintiff seeks to add decedent's husband Curtis Barnett, Jr. as a party defendant as the successor in interest to the decedent. Plaintiff's motion seeks to improperly ren...

Excerpt: ... action where cross-complainant Smee Builders, Inc. has agreed to accept the sum of $58.400.00 from cross-defendant Campbell Painters, Inc. in exchange for a release of all claims arising out of Campbell's work on the properties at issue in this action. 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...

Excerpt: ...of Non- Opposition to defendant's motion to stay civil proceeding” Plaintiff was injured in a motor vehicle accident while traveling as a passenger in an automobile driven by defendant Deena Faye Clark. The investigation of the responding police officer resulted in Ms. Clark being arrested and charged with driving under the influence of alcohol. A misdemeanor complaint was filed against Ms. Clark for a violation of Vehicle Code §23152(a) that ...