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: ...quate. 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 subject of judicial noti...

Excerpt: ...intiff's Request for Judicial Notice is granted under Evidence Code §452(g) as to records obtained from the California Secretary of State. Defendants' Request for Judicial Notice is granted under Evidence Code §452(g) as to the fact that it is a public entity. As to the plaintiff's First Amended Complaint, defendant's Request for Judicial Notice is granted only as to the date of filing of the plaintiff's complaint in this present action. Except...

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: ...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...

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: ... with City Council Member Carleton Jones. A Tulare City police officer filed claims against Respondent asserting a Tulare City Council Member had engaged in conduct creating a hostile work environment. As part of its statutory obligation to investigate, Respondent City of Tulare hired an outside attorney who investigated the claims and prepared a report for the City. Respondent advised both the police officer and the City Council Member of the re...

Excerpt: ...nses, and plaintiff's enhancement award. The claims administrator mailed notice of the settlement to all 2333 class members. Nineteen notices were returned by the post office as undeliverable. No objections or requests to opt out were received by the administrator. Plaintiff's moving papers are sufficient to establish the settlement terms are fair and reasonable under the circumstances. The court and approves the settlement, the notice sent to cl...

Excerpt: ...h and survivor complaints that arise out of the death of decedent Margarito Hernandez Ortega on August 22, 2018. Decedent was killed in an automobile accident when he encountered flooding on Road 120 that caused him to lose control of his vehicle and crash into a power pole. Plaintiffs contend that the flooding on Road 120 was caused by an overflow of water from the irrigation system on the defendants' adjacent farm. Plaintiffs further allege tha...

Excerpt: ...a dispute between a medical provider (Plaintiff and Cross-Defendant –Kaweah Delta) and a patient insurer (Defendant and Cross-Complainant - Kaiser). One of Kaiser's insureds received emergency medical treatment at Kaweah Delta. Kaweah Delta billed Kaiser for the services. Kaiser paid less than the amount billed and allegedly paid substantially less than the historic reimbursement experience between the parties. Kaweah Delta asserts Kaiser unila...

Excerpt: ...onfer to resolve these motions. No CourtCall is permitted. Re: Phelps v Life Insurance Company of North America Case No.: VCU276849 Date: March 9, 2020 Time: 8:30 A.M. Dept. 1-The Honorable Melinda Reed Motion: Plaintiff Mariah Phelps' Unopposed Motion for Approval of PAGA Settlement and Release Tentative Ruling: To deny Plaintiff Mariah Phelps' Unopposed Motion for Approval of PAGA Settlement and Release without prejudice. 1. Sufficiency of Sett...

Excerpt: ...o Strike Punitive/Exemplary Allegations from Plaintiff's First Amended Complaint. Plaintiff Alexis Ocampo's first amended complaint for employment discrimination and retaliation alleges defendant Family Healthcare Network wrongfully terminated her employment on the basis of pregnancy, physical disability, and sex. As to the demurrer, defendant contends plaintiff's complaint fails to allege facts showing her termination was based on discrimination...

Excerpt: ...tion for monetary relief against defendants Old West Export Inc. (Old West) and Frances Murillo is brought under the Perishable Agricultural Commodities Act (PACA). Here, plaintiff seeks summary adjudication of its third and fourth causes of action for enforcement of statutory trust and violation of PACA against Murillo. Plaintiff contends Murillo is personally liable for Old West's debt as a matter of law under PACA. Murillo opposes the motion a...

Excerpt: ...new this judgement, defendant advised plaintiff that this credit card account was fraudulently opened and that the defendant was the victim of identity theft. When plaintiff investigated the defendant's representation, plaintiff concluded that this account was indeed fraudulently opened and now seeks to set aside this judgment. CCP §473(b) provides in relevant part “The court may, upon any terms as may be just, relieve a party or his or her le...