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...

Excerpt: ...ies as a passenger in a pickup truck that went out of control, left the roadway, hit an embankment, and rolled over. The truck, driven by plaintiff's father, Ernesto Moreno Lopez, was owned by defendant Graceland Dairy, Inc. – a company affiliated with Mr. Lopez's employer defendant Visser Ranch. Plaintiff contends that Mr. Lopez was basically “on call” 24-7 with Visser Ranch and was urged to use the company truck. This truck was loaded wit...

Excerpt: ...r fraud). Defendant shall file its answer to the remaining allegations of Plaintiffs' Complaint within ten (10) days of this order. Defendant demurs to the Second Cause of Action (for Intentional Interference with Prospective Economic Advantage), the Fourth Cause of Action (for Fraud), and the Fifth Cause of Action (for Negligent Misrepresentation) asserting each is barred by the applicable statute of limitations. Defendant asserts that each clai...

Excerpt: ...sponse, dismissed Defendants have supplied documentation for all of the claimed costs. The documentation submitted in support of the cost bill is sufficient to show all of the claimed costs were reasonably necessary for the litigation and reasonably incurred for the litigation. Plaintiff asserts that dismissed Defendants were only minimally liable in this automobile accident case and were dismissed on the first day of trial. Plaintiff obtained ju...

Excerpt: ...(Labor Code 2699, et seq.) Causes of Action, without leave to amend. Defendant shall file its answer to the remaining causes of action within ten (10) days of this order. Proof of service in the file indicates notice of the demurrer was adequate. No response to the demurrer has been filed. 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: ... Defendant Tamara Lagomarsino and her Defense Counsel of Record Brian O'Driscoll. Plaintiff's motion is vague and unclear. It appears Plaintiff wants Defendant's attorney sanctioned for alleged misconduct at Plaintiff's deposition. Plaintiff also asserts Defendant and her attorney refused to mediate this dispute despite a stipulation to do so. Plaintiff asks that her deposition be stricken and asks for additional relief which is unclearly and ina...

Excerpt: ...sed for Defendant's agricultural operations. Plaintiff asserts two causes of action against Defendant, for premises liability and negligence. Defendant moves for summary judgment asserting he does not own the tank, ladder or tank stand, he did not design or manufacture the tank or the ladder, and that he had no duty to maintain the tank or ladder. Defendant further asserts he had no knowledge prior to the incident of any problem with the ladder. ...

Excerpt: ...murrer cannot be considered because it was untimely filed lacks merit and is without authority. Plaintiff relies on CCP 430.40 which requires a responsive pleading within thirty days of service. However, Plaintiff cites no authority that a late filing cannot be considered by the court. It is an elementary principle of civil procedure that a pleading filed before entry of default, precludes a default. (Goddard v. Pollock (1974) 37 Cal.App.3d 137, ...

Excerpt: ... the hearing date for this motion. OPERATIVE FACTS This is a breach of contract action where plaintiff DPI Group LLC plead in its second amended complaint causes of action for common counts for the fixed sum of $198,065.13 for unpaid CAM charges plus prejudgment interest. This case was adjudicated by a court trial from which the court issued a Statement of Decision on June 8, 2017 in favor of DPI for the amount of $198,065.13. The court also rule...

Excerpt: ...99 and all related references to Plaintiff's claims under the California Private Attorneys General Act. Proof of service in the file indicates notice of the motion was adequate. As of February 7, 2020, no response to the motion has been filed. The deadline for response has expired. The moving papers are sufficient to establish that allegations in Plaintiff's First Amended Complaint of violations of PAGA are facially deficient because Plaintiff ha...

Excerpt: ...s 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).) (See Thaler v. Household Finance Corp. (2000) 80 Cal.App.4th 1093.) Plaintiff's Complaint asserts al...

Excerpt: ... unrestrained dog to chase Plaintiff giving rise to fear of an attack which caused Plaintiff to fall and suffer injuries. Plaintiff's Complaint appears to contain a single cause of action for negligence, but also includes prayers for injunctive and declaratory relief (Defendant did not challenge Plaintiff's pleading but filed an answer denying all allegations). Plaintiff's motion is not clear. The motion is for summary judgment, but the body of P...

Excerpt: ...ive damages, attorney's fees, numerous additional allegations of breaches of duty and/or contract, and at least one new claim arising after the subject legal representation relationship had terminated. Plaintiff also seeks to add claims of new lawsuits which have been allegedly filed against it. There is no allegation these new lawsuits have been resolved. Plaintiff asserts the basis for a punitive damages claim was not known until after the depo...

Excerpt: ...n July 26, 2013. The City of Visalia rejected this claim on September 9. 2013, and plaintiff filed his first action on these facts (VCU 255484) on March 10, 2014. Plaintiff dismissed this first action on September 25, 2019 and then filed this current lawsuit on October 7, 2019. This court sustained the City's demurrer without leave to amend on January 2, 2020. This ruling resulted in Mr. Hernandez's filing of the motion for reconsideration that i...

Excerpt: ...st Amended Complaint; (2) To Deny the Motion by Defendant Choice Drilling, Inc. to Strike Portions of First Amended Complaint; and (3) To Overrule the Demurrer by Defendant Sean Pichinson to First Amended Complaint. Defendants shall file their answers to the First Amended Complaint within ten (10) days of this order. For purposes of assessing the sufficiency of the demurrer, we assume the truth of all well-pleaded facts. (Blank v. Kirwan (1985) 3...

Excerpt: ...ot in furtherance of any settlement of this case. A defendant in whose favor a dismissal is entered, with or without prejudice, is deemed to be the prevailing party and is entitled “as a matter of right” to recover costs. See CCP §1032(a)(4)-(b). The court confirmed in Cano v. Glover (2006) 143 Cal.App.4th 326, 331 that the defendant is deemed to be the prevailing party who is entitled to recover costs irrespective of whether plaintiff dismi...

Excerpt: ...ime period to respond to be calculated from this present February 4, 2020 hearing date. Under CCP §1005(b) the last day to timely file a substantive response to this motion would be nine court days from February 4. 2020, or January 22, 2020. As of the date of this ruling, the court has not received any substantive response from the defendants to plaintiff's motion that addresses the merits of plaintiff's motion. The parties were also directed to...

Excerpt: ..., 16, 17, and 23 to the declaration of Benjeman Beck are overruled. The court was unable to locate Exhibits 4, 5, 6, 7, 8, and/or 15 to the declaration of Jessica Anvar, and on that basis overrules defendant FCA US LLC's objections to these exhibits. Plaintiff's Request for Judicial Notice is granted as to all items identified in this request under Evidence Code §452(d) and §452(h) Plaintiff's Evidentiary Objections to Declaration of Adam Khan ...

Excerpt: ...of filings Ms. Fannin has recently made in cases which were closed in 1995 and in 1992. (Filings were on May 23, 2019; July 1, 2019; July 17, 2019; August 30, 2019; September 24, 2019; December 20, 2019; and December 24, 2019 (current documents). Both cases were civil harassment petitions. The 1992 case (VCU154130-92) appears to have been brought by Tracy Miller against Cari Greiner. The 1995 case (the subject proceeding) appears to have been bro...

Excerpt: ...pril 29, 2017, defendant Hettinga Transportation Company was hired and retained to procure, deliver, and stack hay at the place of business of plaintiff Ricardo Gonzalez's employer in Tipton, California. On the day of this delivery, Mr. Gonzalez was allegedly struck when one or more hay bales fell on him as he was attempting to unload these hay bales at AC Enterprises. Plaintiff contends that his injuries were the result of the failure of defenda...

Excerpt: ...lot of Porterville High School. Defendant asserts it is entitled to summary judgment because Plaintiff fails to state authority for her negligence claim, Plaintiff does not have evidence to support the elements of a claim for dangerous condition of public property, and Plaintiff's negligent hiring claim fails for lack of evidence of a duty owed to Plaintiff. Defendant submits 21 facts limited to support of its motion as to the dangerous condition...

Excerpt: ...rom a review of its file for this action that timely and proper notice of plaintiff Ally Bank's motion for summary judgment was given to all affected parties. The Court has not received any response to this MSJ. Ally Bank's Request for Judicial Notice is granted only as to the date of filing of the documents on file with the Court for this action and as to minute orders and other orders for this case that appear in the Court's file. Except for or...

Excerpt: ...aintiff Calftech has elected to join in defendant Zoetis, Inc.'s motion for order determining good faith settlement pursuant to CCP §877.6 and for judgment on the pleadings. No opposition has been filed to this motion by Nutrius, LLC. A defendant's failure to file written opposition creates the inference that the motion is meritorious. Where no opposition to a motion is timely filed with the Court, the court may only hear argument limited to a r...

Excerpt: ...nt filed in a related action satisfies the filing requirement following rejected claims. OPERATIVE FACTS Petitioner Blain Farming Company is a farm management company that oversees the growing of pecans and walnut on property owned by the City of Visalia adjacent to its Waste Water Facility. At issue in Blain's petition is whether Blain is entitled to relief under Government Code §946.6 from the requirement to timely file a claim for money damag...