Excerpt: ...Compel Plaintiff to Appear for Further Deposition and to order Plaintiff to appear for further deposition at a date, time, and location agreed to by the parties. Plaintiff shall pay to Defendant the sum of $500.00 as a monetary sanction. Sanctions are payable within ten (10) days of this order. (1) Plaintiff's motion was noticed for hearing on March 26, 2020. The motion was continued by the court pursuant to emergency orders to June 2, 2020. Proo...

Excerpt: ...is case involves the disposition of real property owned by a dissolved partnership that consisted of the plaintiff and defendants. During the course of negotiations to either partition this property or for plaintiff to sell his interest in this property to the defendants, the parties raised the possibility of resolving this case through mediation. Plaintiff's counsel wrote to the defendant's counsel on January 14, 2020 to confirm that the possibi...

Excerpt: ... ruling. This matter involves a civil subpoena served on the employer of one of the parties to an unmarried cohabitation between the parties that ran from April 1979 until May of 2018. In this action, plaintiff Alicia Moreles asserts a right to one-half of the properties accumulated during their relationship and support in the monthly amount of $1,500.00 The subject of this subpoena is for all employment records from defendant's employer Blain Fa...

Excerpt: ...t, Inc. shall pay to plaintiff's counsel the amount of $2,010.00 within twenty days from the notice of this ruling. The court also directs defendant Porterville Convalescent, Inc. to appear at an order to show cause re: contempt for the failure to comply with this court's January 13, 2020 order on June 11, 2020 at 8:30 am in Department 2 of this Court. All parties have been given proper notice of this matter. There has been no response to this mo...

Excerpt: ... for strict liability, negligence, and breach of warranty (Plaintiff's FAC) related to Defendant's manufacture of the trailer. Defendant asserts Plaintiff was injured while working as an employee of an ag labor contractor and as a “special employee” of Defendant harvesting pistachios. The farm labor contractor made Plaintiff available for work with Defendant. Defendant asserts it is entitled to summary judgment as workers' compensation is the...

Excerpt: ...and (2) to Deny Defendants' Motion to Strike Plaintiff's Pleadings as moot and to Deny Defendant's Motion to Dismiss the Action. (1) Plaintiff has filed a number of amended pleadings. Defendants Demur to the operative First Amended Complaint filed November 18, 2019. Plaintiff purports to assert nine causes of action. All are only stated by their title (i.e. “Fraudulent Conveyance, Fraud, etc.”) in the judicial council form complaint. Plaintif...

Excerpt: ...tes 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. CCP §387(b) allows a party who has an interest in a litigated action to intervene in that action, because “The purpose of the statute is to protect the interests of persons affected by a judgment, to obviate delay, and to avoid multiplicity of actions.” See Deutsch...

Excerpt: ...h the court) sufficiently complies with the court's order that the plaintiff post a $5,000.00 undertaking with the court. See CCP 995.710(a)(1). This check was deposited with the court on February 27, 2020 – the same day that defendant filed its motion to dismiss. As to whether plaintiff's case should be dismissed for failure to post a bond within the 30-day period identified in CCP §1030(d), the court finds that Hertz v. Superior Ct. (1917) 3...

Excerpt: ...omplaint. Defendants' demurrer to plaintiffs' third cause of action is overruled. OPERATIVE FACTS Plaintiff Andrew Border is a sound engineer who does business as plaintiff ASB Soundworks, LLC. Up to and through October of 2019, plaintiffs provided sound equipment and engineering services for the Fox Theatre in Visalia. Defendant Escobedo became the manager of the Fox Theatre in 2019. In 2016, the Board of Directors at the Fox approved the plaint...

Excerpt: ... of the demurrer was adequate. No response to the demurrer has been filed. For purposes of assessing the sufficiency of the demurrer, the court assumes the truth of all well- pleaded facts. (Blank v. Kirwan (1985) 39 Cal. 3d 311, 318.) Also accepted as true are all facts that may be implied or inferred from those alleged. (Marshall v. Gibson, Dunn & Crutcher (1995) 37 Cal. App. 4th 1397, 1403.) In addition, relevant matters that are properly the ...

Excerpt: ...lia attempting to purchase dog food. Plaintiff was waiting in the only check-out line that was open at the time of the incident when a woman behind him in line accused him of being a sex- offender. Plaintiff was forcibly directed to another cash register by another employee, who stated that the woman behind him “was afraid of you.” Plaintiff completed his purchase while being monitored by the employee, and then this employee directed the plai...

Excerpt: ...0 mph. Mr. Sansom was able to ambulate on his own at the scene of the accident. Mr. Sansom was brought to the Kaweah Delta Medical Center Emergency Room at approximately 12:25 pm that same day. Defendant Nichole S. Atherton was the admitting physician at the KDHC Emergency Room at the time that Mr. Sansom arrived there. On May 24, 2018 at 4:54 p.m., an addendum authored by KDHC resident Aashini Shah noted that as to Mr. Sansom that “[w]hen righ...

Excerpt: ... 12. No documents appear to have been filed in this action since the MSJ was filed on March 4. The complaint was filed on July 9, 2019. Ms. Munoz represents Plaintiff. Defendant Cottonwood Containers answered by general denial on August 22, 2019. Mr. Stringham represents Cottonwood Containers. The other named Defendant, NOW Manufacturing, LLC, has been dismissed. A court trial is set for June 29, 2020 with a 2-day estimate. An April 23 early sett...

Excerpt: ...rected to appear by CourtCall. Defendant's motion was filed on March 23, 2020 and noticed for hearing on May 12, 2020. Proof of service in the file indicates notice of the motion was adequate. As of May 15, 2020, no response to the motion has been processed. Plaintiff asserts he suffered injuries in a vehicle accident involving a vehicle owned by Defendant H and B Truck Lines, Canal Insurance Company's insured. The accident is alleged to have occ...

Excerpt: ...ry 2020. The jury deliberated for several hours before returning its verdict. CCP §675 provides, in pertinent part, “A new trial shall not be granted upon the ground of insufficiency of the evidence to justify the verdict or other decision, nor upon the ground of excessive or inadequate damages, unless after weighing the evidence the court is convinced from the entire record, including reasonable inferences therefrom, that the court or jury cl...

Excerpt: ...recover amounts due under a credit account on September 5, 2018. Defendant, through counsel, filed an answer on October 18, 2018. On 12/12/2018, Plaintiff filed a notice of settlement of the case and indicated dismissal would be entered by 12/7/2019. No dismissal having been filed, the court on 12/13/2019 issued its OSC why the case should not be dismissed. In response Plaintiff filed the subject motion on 01/29/2020. Proof of service in the file...

Excerpt: ... injury action that arises out of a traffic accident. During the plaintiffs' depositions, testimony provided by the plaintiffs suggested that plaintiff Robert Aguilar has a claim for loss of consortium damages based on the injuries that his wife Lillian Aguilar sustained in the accident from which this lawsuit arises. Robert Aguilar now moves the court to amend the plaintiffs' complaint to add a loss of consortium claim to the damages that the pl...

Excerpt: ...iry, Inc. asserts a single cause of action for Declaratory Relief. Cross-Defendant City of Corcoran demurs asserting the pleading does not raise a cognizable request for declaratory relief. The court in its discretion may deny a claim for declaratory relief where it is not necessary or proper. (CCP 1061.) Any doubts as to the adequacy of a declaratory relief claim are to be resolved in favor of permitting the claim. (Warren v. Kaiser Found. Healt...

Excerpt: ... officer for defendants and cross-complainants Dynamic Insurance Solutions, Inc., Dynamic Integrated Systems Solutions Corp., and/or TS Dynamic Corp.). For the purposes of this ruling, the above-stated defendants and cross complainants will be identified collectively as “Sibel.” Plaintiff's Request for Judicial Notice is granted only as to the date of filing of the documents identified in the plaintiff's request for judicial notice. Except fo...

Excerpt: ...ement agreement for the court to make the merits evaluation required by Kullar v. Foot Locker Retail, Inc. (2008) 168 Cal.App.4th 116, 129. 1. Identity of the Class The class identified in this action is “All Wawona non-exempt employees who worked in Wawona's packing facility from November 22, 2013 through the date of Preliminary Approval.” 2. Sufficiency of Amount of Settlement ($4,000,000.00) The gross settlement amount is $4,000,000.00 whi...

Excerpt: ...ll well- pleaded facts. (Blank v. Kirwan (1985) 39 Cal. 3d 311, 318.) Also accepted as true are all facts that may be implied or inferred from those alleged. (Marshall v. Gibson, Dunn & Crutcher (1995) 37 Cal. App. 4th 1397, 1403.) In addition, relevant matters that are properly the subject of judicial notice may be treated as having been pled. (Friedland v. City of Long Beach (1998) 62 Cal. App. 4th 835, 842; Code Civ. Proc., § 430.30, subd. (a...

Excerpt: ...all well- pleaded facts. (Blank v. Kirwan (1985) 39 Cal. 3d 311, 318.) Also accepted as true are all facts that may be implied or inferred from those alleged. (Marshall v. Gibson, Dunn & Crutcher (1995) 37 Cal. App. 4th 1397, 1403.) In addition, relevant matters that are properly the subject of judicial notice may be treated as having been pled. (Friedland v. City of Long Beach (1998) 62 Cal. App. 4th 835, 842; Code Civ. Proc., § 430.30, subd. (...

Excerpt: ...e. Defendant Hector Mendez-Alvarado is a professional driver who was operating a semi-truck through a construction zone at approximately 58-60 mph when he took his eyes off the roadway and collided with the plaintiff's automobile. Defendant took his eyes off the roadway to take something out of a “fridge” that he had installed in his semi-truck. There are presently no specific facts plead against defendant MGM Labor Contracting, Inc. in the p...

Excerpt: ...to the attorney-client privilege and to order Defendants precluded from utilizing these emails and to order portions of deposition transcripts referencing the subject emails be sealed; (2) To Grant Plaintiff's motion as to confidential closed-session information and to order portions of any deposition containing references to closed-session information be kept under seal pending further order of the court. Plaintiff provided documents responsive ...

Excerpt: ...BA International v. Mark Nakata et.al) that is currently pending in the Fifth District Court of Appeals. (the Fresno appeal) Except for orders that appear in the appellate court's file for this case, this court cannot take judicial notice as to the contents of documents in the appellate 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...