Excerpt: ...as been no response to this motion. This motion involves the sum of $14,000.00 that was seized from a gun safe at claimant Noberto Chavez's residence at 4753 Avenue 232, Apt. “B” Tulare, California. This property was the subject of a Notice of Forfeiture of Property Pursuant to Health and Safety Code §11469 et seq. that the Tulare County Distruct Attorney served on Mr. Chavez on August 1, 2019. Mr. Chavez answered the DA's Notice of Forfeitu...

Excerpt: ...eived 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 fac...

Excerpt: ...nse to this motion. This is a construction defect action where cross-complainants Wathen Castanos Hybrid Homes, Inc., and Wathen-Castanos have agreed to accept the sum of $4,750.00 from cross-defendant Ladell, Inc. dba Johnson Air in exchange for a release of all claims arising out of Ladell'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 pa...

Excerpt: ...s ruling This case is an action for breach of contract, waste, and injunctive relief action arising out of real property lease between plaintiffs Justin and Janette Tarbell and Joshua and Jami Jump. This case was the subject of a bench trial on March 9 and 10, 2020. On May 4, 2020, the court found the Tarbells to be the prevailing party and awarded them damages in the amount of $1,710.00. The Tarbells now move this court to recover costs in the a...

Excerpt: ...action involves a dispute over real property. Plaintiff asserts that in 2007 he entered into an oral agreement with Defendant “to combine their efforts, evenly divide all living expenses and household bills and share equities in any and all properties acquired, or accumulated, by the parties, either of them, as a result of their joint, or individual, efforts.” (sic) (Complaint, paragraph 4.) Plaintiff further alleges that in 2014 he and Defen...

Excerpt: ...rds. See Warrick v. Superior Ct. (City of Los Angeles) (2005) 35 Cal.4th 55, 59-60 The party seeking the disclosure of peace officer personnel records must first file a Pitchess motion that identifies the peace officer, the agency in possession of the records, a description of the records, who is seeking the records, and the date and time for the hearing on this Pitchess motion. See Evidence Code §1043(b). and Penal Code §832.7. This Pitchess m...

Excerpt: ...ant's counsel, i.e., the failure of the secretary of defendant's counsel to post the jury fees as instructed by defendant's counsel. Defendant's counsel testified to this administrative error in his declaration filed in support of this present motion. Generally, the grounds upon which relief from the waiver of a jury trial are committed to the sound discretion of the trial court. But the right to a jury trial is constitutional in nature, and thus...

Excerpt: ... December 11, 2018. On February 21, 2020, the court granted Plaintiff's motion to amend its complaint. The First Amended Complaint was filed on March 10, 2020. Due in part to the amended pleading, the previously scheduled trial date was vacated. No date for trial is currently scheduled. The parties are to appear for a case management conference on the same day as the hearing on these motions – July 23, 2020. In its amended complaint Plaintiff a...

Excerpt: ...nd Unfair Business Practices. These causes of action arise out of plaintiff Bryce Ramay's employment with defendants WPI Water Resources, Inc., Water Well Specialties, Inc. Plaintiff contends that defendant Amanda Gail Jensen is the alter-ego of both of the other defendants. Plaintiff contends that while employed by the defendants as a water rig employee he was routinely forced to work days up to 16+ hours without adequate overtime pay. Plaintiff...

Excerpt: ...of form interrogatories and defendant's second inspection demand. These responses shall be served on defendant's counsel no later than thirty days from the notice of this ruling (2) To grant defendant Altura Centers for Health's motion for mental examination. Counsel for the parties and the plaintiff shall coordinate a time and place for plaintiff to undergo a mental examination by the psychologist identified in defendant's moving papers. The pla...

Excerpt: ...n off-calendar if any party to this arbitration files a motion to confirm, vacate, modify, or correct an arbitration award before the hearing date for this OSC. All parties were properly served with this petition. Plaintiff MAC General Engineering, Inc. has filed a “Notice of Non-Opposition to Compel Arbitration' with the court. Here, the parties presumably agree that MAC's claims fall within the scope of the provisions of the “Subcontract Ag...

Excerpt: ...ccount, money lent, and money paid. The amount due and owing to Capital One Bank (as indicated in the allegations in the plaintiff's complaint is $2,200.00 On or about September 27, December 20, 2018, defendant Craig J Weisenborn agreed to settle this case for the payment of $2,200.00 to Capital One Bank in monthly installments of $150.00 on the 12th day of each month (beginning October 12, 2018) until this $2,200.00 was paid in full with a final...

Excerpt: ...t project. Plaintiffs in both actions are represented by the same attorneys. The same law firm represents Defendant in both actions. Defendant asserts the cases are in very different stages of litigation and that consolidation will prejudice Defendant. In the Saesee action, the court entered a Case Management Order on December 19, 2019. Pursuant to the order, a special master is overseeing the action which currently involves 18 homes. Defendant a...

Excerpt: ...netary Sanctions in the Sum of $1,355.00 against Plaintiff and Her Counsel of Record Raymond Ghermezian APLC (3) Defendant Rodolfo Elizalde Jr.'s Motion for an Order Deeming the Truth of Admissions; Request for Monetary Sanctions in the Sum of $1,540.00 against Plaintiff and Her Counsel of Record Raymond Ghermezian APLC (4) Defendant Rodolfo Elizalde Jr.'s Motion to Compel Plaintiff's Verified Responses to Demand for Production Set One and Produc...

Excerpt: ... construed. It is Defendant's burden to prove an employee is exempt. In its opposition, Defendant asserts its drivers engage in interstate commerce because they may operate outside of California. Defendant provides no evidence that any of its drivers have operated outside of California. “[U]nder California law, exemptions from statutory mandatory overtime provisions are narrowly construed.” (Ramirez, supra, 20 Cal.4th at p. 794.) They are app...

Excerpt: ...r notice of this motion. There has been no response to this motion OPERATIVE FACTS Plaintiff's complaint alleges causes of action for Financial Elder Abuse, Fraud, Conversion, Constructive Trust, and Probate Code §850. Plaintiff John C. Hart (John) is the Conservator of the Estate of James Guinn Hart. (James) Sometime in 2014, James suffered a stroke to the extent that he suffered from slurred speech and unable to walk. This stroke also diminish...

Excerpt: ...o the request for attorneys' fees in Plaintiff's Fifth Cause of Action; and to grant the motion as to Plaintiff's request for treble damages under CCP 340.1(b)(1). Plaintiff's Request for Judicial Notice is denied as to requests numbered 1 through 4 and granted as to request number 5. (1) For purposes of assessing the sufficiency of the demurrer, we assume the truth of all well-pleaded facts. (Blank v. Kirwan (1985) 39 Cal. 3d 311, 318.) We also ...

Excerpt: ...st Cause of Action); and (3) to continue the hearing on the alternative motion as to Plaintiff's claims for product liability (Plaintiff's Second Cause of Action) to August 20, 2020 at 8:30 a.m. in Department 1. In the event oral argument is requested, CourtCall Appearances are permitted. Plaintiff alleges she suffered injury on or about April 15, 2017 as a result of an elevator malfunction. At the time of the accident, Plaintiff was an employee ...

Excerpt: ...of filing for the plaintiff's complaint, and first, second, and third amended complaints for this present action. Except for orders from the Court that appear in the Court's file for this case, the Court cannot take judicial notice as to the contents of documents in the Court's file for this action as the contents of these documents constitute inadmissible hearsay. See Day v. Sharp (1975) 50 Cal.App.3d 904, 914; Fremont Indemnity Co. v. Fremont G...

Excerpt: ...noticed for hearing on April 16, 2020. The hearing was continued by the court pursuant to emergency orders to June 18, 2020. Prior to preliminary approval, the court is required to make a merits evaluation of the settlement terms. (Kullar v. Foot Locker Retail, Inc. (2008) 168 Cal.App4th 116, 129. 1. Sufficiency of Amount of Settlement Plaintiffs have submitted information including an explanation that damage estimates utilized by Plaintiffs in c...

Excerpt: ...endants' motion was filed April 22, 2020 while emergency orders were in place. Proof of service in the file indicates notice of the motion was adequate. No substantive response to the motion has been filed. On June 12, 2020 plaintiff filed an “opposition” that simply stated she wished to be heard on this matter. The court will accept this response as a request for oral argument. Defendants seek summary judgment or summary adjudication as to f...

Excerpt: ...r 17, 2019 and originally noticed for hearing on March 5, 2020. Hearing on the motion was continued by stipulation of the parties to June 11, 2020. Defendants' seek summary adjudication of Plaintiff's negligent hiring, training, supervision and entrustment claims asserted within the Second Cause of Action to Plaintiff's Complaint. Plaintiff opposes the motion. Plaintiff's evidentiary objections to portions of deposition transcripts numbered 1 thr...

Excerpt: ...lerk of the court within ten days from the notice of these motions. Plaintiff is having two motions heard on this date and has only paid one filing fee. Proper notice was given to the defendant at the address stated in his answer to the plaintiff's complaint. There has been no response to these motions. Plaintiff's motion is denied because it is procedurally defective. California Rule of Court 3.1345(a) mandates in relevant part that “Any motio...

Excerpt: ... admissible under CCP 2025.620. Grievance hearing testimony of Gary Kupfer, Mary Ann Cantu or Maggie Pruneda is not admissible under CCP 2025.620. The Position Statement by County of Tulare at the prior grievance hearing is not admissible under CCP 2025.620. Plaintiff seeks to utilize at trial eleven (11) of Defendants' videotaped depositions and/or prior sworn testimony (transcripts and/or audio recordings) from a grievance hearing in lieu of ca...

Excerpt: ...f Business Records of Wood Rogers; (2) To grant plaintiff City of Corcoran's Motion to Quash Deposition Subpoena for Production of Business Records of Jean E. Moran Jean E. Moran and Wood Rogers are consultants that plaintiff City of Corcoran retained to evaluate the nature and extent that the defendants contaminated the City's drinking wells. The deadline for the parties to designate their retained experts has not yet arisen and as such there ha...