Excerpt: ...U 281021 shall be deemed to be the lead case for this consolidated action, and all subsequent pleadings and papers to be filed in these consolidated cases shall be filed in this lead case. Defendants Berta Alvarez, Bernice Bedolla, and Javier Bedolla, Jr. shall continue to make the mortgage payments on the property at issue in this case and will receive a credit for these payments against the reasonable rental value of this property due to plaint...

Excerpt: ...CP §1255,410(d)(2) when an owner of property objects to a public entity's taking of its property by eminent domain, the Court must find, among other factors, that the hardship that the public entity will suffer if immediate possession is not awarded outweighs the hardship that will inure to the property owner. Defendant Craig Silveira owns and farms 917 acres on two parcels near Corcoran, one of which consists of approximately 597 acres. The Sta...

Excerpt: ...restige”). Travelers shall file its Complaint-In-Intervention no later than ten days from the date of this ruling. The Court notes 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 t...

Excerpt: ...ny Defendants' Motion to File Amended Answer; (3) & (4) There are no tentative ruling for (3) and (4). The parties are directed to meaningfully meet and confer to resolve the issues raised in these motions. If unable to resolve, the parties are directed to personally appear at the hearing for this motion. No CourtCall will be permitted except to advise the court that the matter has been resolved. (1) Defendants seek judgment on the pleadings asse...

Excerpt: ...e proof of service on file with the Court for this matter indicates that defendant Angelica Martinez received timely and proper notice of this motion for judgment on the pleadings at the address identified in her answer to the plaintiff Capital One Bank's complaint. The Court has not received any response to this motion. Plaintiff Capital One Bank brings this action to recover on a delinquent credit card obligation owed by defendant Angelica Mart...

Excerpt: ...onfer to discuss an amended “Stipulation for Entry of Judgment” whose terms are consistent with the terms of the Settlement and Mutual Release” for this case that the parties executed on or about August 9, 2018. This is an action for declaratory relief, quiet title, and injunctive relief. The parties prepared and signed a “Settlement Agreement and Mutual Release” that stated that the parties will enter into a judgment that states that, ...

Excerpt: ... Center) seeks summary judgment or adjudication of plaintiff Lyla Mathew's first amended complaint for employment retaliation. Dialysis Center contends plaintiff cannot establish a prima facie case for retaliation because its offer of per diem employment was based on a legitimate, non-retaliatory reason. Summary judgment is granted when no triable issue exists as to any material fact and the moving party is entitled to judgment as a matter of law...

Excerpt: ...nge plaintiff James Martino's cause of action for fraudulent inducement. Defendant's demurrer to the claim alleged in plaintiff's previous complaint was sustained with leave to amend under the economic loss rule and the holding of Robinson Helicopter Co., Inc. v. Dana Corp. (2004) 34 Cal.4th 979 (Robinson). Plaintiff's present fraud claim essentially remains unchanged from the original complaint with the exception of asserting the vehicle's alleg...

Excerpt: ...tion, defendant United Health Centers of the San Joaquin Valley seeks an order for binding arbitration based upon the arbitration policy contained in its employee handbook. In opposition, plaintiff Erma Dominquez contends there is insufficient evidence to show plaintiff consented to the terms of the arbitration policy and defendant has waived the right to compel arbitration. As to consent, a party can be compelled to submit to arbitration only wh...

Excerpt: .... Plaintiff labels the first, second, and third causes of action “lack of feasance,” “abusive tactics,” “failure to exercise jurisprudence.” and that the defendant misappropriated his car. Plaintiff contends in his fourth cause of action that the defendants deprived him of his civil rights in violation of 42 USC 1983. All the events that resulted in the plaintiff's first, second, third, and fourth causes of action occurred on February...

Excerpt: ...th Settlement. Proof of service in the court's file indicates notice of the motion was adequate. Defendants/Cross- Complainants Monte Vista Lindsay, LLC, Century Developers, LLC, and Highlands Diversified, Inc. (collectively Century) have filed a notice of non-receipt of opposition to the motion. No other response to the motion has been filed. Here, Century seeks (1) an order that the settlement it reached with plaintiffs and subcontractor defend...

Excerpt: ...served defendant Donaldson Company, Inc. Here, defendant seeks to quash service of process on the ground of lack of jurisdiction under Code of Civil Procedure section 418.10. In opposition, plaintiff concedes there are insufficient direct contacts for general jurisdiction. However, plaintiff argues special jurisdiction is established under Ray v. Alad Corp. (1977) 19 Cal.3d 22 (Ray) because sufficient minimum contacts are imputed to defendant bas...

Excerpt: ...ity of Tulare's demurrer to plaintiff Matthew B. Cramer's complaint with thirty days' leave to amend. As of the date of this ruling, Mr. Cramer has not filed an amended complaint with the court. Where the City of Tulare's demurrer was sustained in its entirety as to plaintiff's complaint, the court observed that there were no facts plead in Mr. Cramer's original complaint from which a cause of action could be stated. AUTHORITY AND ANALYSIS Under ...

Excerpt: ...t triers of fact. That request is denied. As a practical matter, cases involving a request for punitive damages would be heard in two stages with the same trier of fact. The first stage would involve liability, compensatory damages and a determination of malice and the second stage (if malice is found) would involve the defendant's financial condition and punitive damages. Evidence of the defendant's financial condition would only be admissible d...

Excerpt: ...oc., § 437c, subd. (c).) "[T]he party moving for summary judgment bears an initial burden of production to make a prima facie showing of the nonexistence of any triable issue of material fact; if he carries his burden of production, he causes a shift, and the opposing party is then subjected to a burden of production of his own to make a prima facie showing of the existence of a triable issue of material fact." (Aguilar v. Atlantic Richf...

Excerpt: ..., Meadowlake Dairies, Pixley Dairy, Clarence Bosman, and/or Nellie Bosman at any time from February 15, 2009 to January 11, 2019. The court preliminarily approved the terms of the settlement on May 30, 2019, including the form of notice, provisions for payment of costs, attorneys' fees, administrative expenses, and plaintiffs' enhancement awards. The claims administrator mailed notice of the settlement to all 1444 class members. Notice was succes...

Excerpt: ...s motion. This is a construction defect action where the plaintiffs have agreed to accept the sum of $1,000.00 from defendant Visalia, and developer McMillin Homes, LLC, et al. (Developer) in exchange for a release of all claims arising out of Visalia's work on the properties at issue in this action and to dismiss their complaint against Visalia. Plaintiffs have also agreed to release the Developer from all liability arising out of the work perfo...

Excerpt: ...plaint for Loss of Consortium and to Overrule the Demurrer in all other respects. Leave to amend as to the Sixth Cause of Action is denied. Defendant shall file its answer to the remaining causes of action in the First Amended Complaint within ten (10) days of this order. (2) To Deny Defendant's Motion to Strike Portions of Plaintiffs' First Amended Complaint. (1) Plaintiffs have established they have standing to pursue the medical negligence cla...

Excerpt: ...er, is that the general rule is limited to those material facts properly pleaded, and does not apply to conclusions of fact or law. Moore v. Regents of University of California (1990) 51 Cal.3d 120, 125. For example, a bare allegation that an act is illegal, unlawful, unauthorized, wrongful, or fraudulent is a conclusion of law that need not be accepted as true. 4 Witkin, Cal. Procedure (4 th Ed. 1997) Pleading section 345, pp. 444-445. Additiona...

Excerpt: ...ent – concealment and a prayer for punitive damages. The new claims arise out of information plaintiff allegedly recently obtained suggesting that defendant General Motors LLC fraudulently induced her to purchase a 2012 GMC Terrain by failing to disclose the 2.4-liter engine was defective even though defendant allegedly knew about the defect for years. This motion was filed approximately five months after the original complaint was filed on Feb...

Excerpt: ...iencies that must be addressed before the petition could be granted. Plaintiff requested the hearing be continued and has filed a supplemental brief, supplemental declarations of class counsel Roman Ohtupman and class representative Rose Singh and the declaration of Michael Bui of Simplus, Inc. in support of the petition. The settlement of $197,500.00 is approved as plaintiff has in her supplemental request satisfied the following deficiencies in...

Excerpt: ...nse to this motion. This is a construction defect action where the plaintiffs have agreed to accept the sum of $1,800.00 from cross-defendant NICKY in exchange for a release of all claims arising out of NICKY's installation of concrete flatwork in five of the plaintiffs' homes in the development known as “Venue at Wyngate II, Impressions at Westpark Visalia, Willow Creek, Tanglewood, and Avalon” in Visalia. Plaintiffs have also agreed to rele...

Excerpt: ...Inc.'s action for declaratory relief, breach of contract, and breach of the implied covenant of good faith and fair dealing alleges defendant Everest Indemnity Insurance Company (Everest) and other insurers owe plaintiff a defense in an underlying construction defects litigation. Preliminarily, the parties' requests for judicial notice are granted; the court's rulings on plaintiff's and Everest's objections to the evidence and declarations are st...

Excerpt: ...sts as to any material fact and the moving party is entitled to judgment as a matter of law. (Code Civ. Proc., § 437c, subd. (c).) "[T]he party moving for summary judgment bears an initial burden of production to make a prima facie showing of the nonexistence of any triable issue of material fact; if he carries his burden of production, he causes a shift, and the opposing party is then subjected to a burden of production of his own to make a...

Excerpt: ...0(c) based on plaintiff's failure to fully comply with the Court's June 25, 2019 order, and (2) why sanctions payable to the Court under CCP §177.5 in the amount of $1,500.00 should not be imposed against plaintiff Alan Joslin and his counsel Michael J. Montgomery of Montgomery -Steele based on plaintiff's disobedience of the Court's June 25, 2019 order. No CourtCall shall be permitted for this Order to Show Cause appearance. All parties have re...