Excerpt: ...ions to the present motion addressing the issues raised below. Plaintiffs should not submit the entire motion and initial declarations a second time. Insufficient information has been submitted as to various provisions of the settlement 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. Sufficiency of Amount of Settlement ($1,250,000) The gross settlement amount...

Excerpt: ...proximately 65 mph through a school zone when her vehicle collided with the plaintiffs' automobile as Mr. McCuistion was attempting to make a left turn. In the collision the plaintiffs' vehicle flipped over into an irrigation ditch, killing plaintiff Jayden McCuistion and severe injuring the other plaintiffs. Investigation that plaintiffs' counsel conducted revealed that there had been more than 35 accidents at the intersection where the accident...

Excerpt: ...ion 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 stated on th...

Excerpt: ... pursuant to Evidence Code sections 452(d) and 453. Defendant and cross-complainant KBDB Properties, LLC's (KBDB) cross-complaint for slander of title alleges defendant Gale Kuns recorded a grant deed in 2015 in which a life estate was reserved to Kuns. KBDB further alleges reservation of the life estate “was false and without privilege or justification and caused doubt to be cast on KBDB's title to the property[.]” On demurrer, Kuns contend ...

Excerpt: ...ments. Defendants shall provide full and complete verified responses to these discovery requests without objection within 15 days from the notice of this ruling. The ruling on this motion will be stayed pending proof that the plaintiff has paid to the clerk of this court an additional $300.00 in filing fees. These additional filing fees are warranted because the plaintiff has consolidated six discovery motions into one pleading but has paid the f...

Excerpt: ...t award. The claims administrator mailed notice of the settlement to all 495 class members. No notices were returned by the post office. 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 grants the motion for final approval under Code of Civil Procedure section 382 and California Rules of Cou...

Excerpt: ...irst Amended Complaint. Defendant shall file its answer to 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 as to all portions submitted. Defendant's Request for Judicial Notice of Plaintiffs' First Amended Complaint is granted. (1) Defendant demurs to Plaintiff's Elder Abuse cause of action asserting the claim fails for uncertainty and fails t...

Excerpt: ...is denied. The Petition to Instruct Trustee must be re-noticed for hearing after transfer to Riverside County. Respondent's objections to evidence: Objections to the declarations of Stacey Ballantyne and Robin B. Young are overruled. Objections to the declaration of Cheri Lemons are sustained sustained as to objection 3 (on grounds of speculation, lack of foundation, and lack of personal knowledge) and overruled in all other respects. Objections ...

Excerpt: ... submit the entire motion and initial declarations a second time. Insufficient information has been submitted as to various provisions of the settlement 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. Sufficiency of Amount of Settlement ($1,250,000) The gross settlement amount is $1,800,000. Plaintiff estimates the total number of class members is 735. Plaint...

Excerpt: ...ted/Complex. (2) Plaintiffs assert the matter should be designated complex under CRC 3.400 due to the number of parties and the volume of discovery. Answering Defendants do not oppose the motion. Plaintiffs are judgment creditors who in this action is seeking to hold Defendant entities liable for Plaintiffs' two judgments on alter ego theories. California Rules of Court Rule 3.400 provides guidance and notes the following factors are to be consid...

Excerpt: ...sel. This is a “lemon law” automobile action under the California Legal Remedies Act (Civil Code §1750 et seq.) and the Song-Beverly Consumer Warranty Act (Civil Code §1790 et seq.) On July 13, 2018 the parties resolved this case with a settlement agreement dictated “on the record.” Included in the terms of this settlement agreement was a provision that attorney fees and costs would be determined by the court in response to a motion tha...

Excerpt: ...d to do so. OPERATIVE FACTS The City of Woodlake (“The City”) moves this court for a nuisance abatement warrant as to property located at 472 Olive, Woodlake, California 93286. The City seeks this abatement warrant to enter and inspect this property and demolish any structures that currently exist on this property, and by so doing abate the nuisances found there. On October 6, 2016, and multiple times thereafter, the Code Enforcement division...

Excerpt: ...discovery requests. The Plaintiff and Defense Counsel are ordered to appear to address the Court's Order to Show Cause. At this August 1 hearing, the court directed plaintiff Elyssa Seth to personally appear before the Court on August 22, 2019 at 8:30 a.m. in Department 2 of this court to show cause why (1) this action should not be dismissed and sanctions of $1,000.00 imposed against plaintiff under CCP §2023.010(g), §2023.030(d)(3) §2030.290...

Excerpt: ...iff provide to the court information regarding distributions to non-parties sufficient to enable the court to satisfy its reporting requirements under CCP 384.5. On October 22, 2018, after several continued hearings, the court entered its order for preliminary approval of a class action settlement reached between the parties. Shortly after approval, Defendant asserts it suffered financial reversals which resulted in placement of 8 of its 9 operat...

Excerpt: ...sel. This is a “lemon law” automobile action under the California Legal Remedies Act (Civil Code §1750 et seq.) and the Song-Beverly Consumer Warranty Act (Civil Code §1790 et seq.) On July 13, 2018 the parties resolved this case with a settlement agreement dictated “on the record.” Included in the terms of this settlement agreement was a provision that attorney fees and costs would be determined by the court in response to a motion tha...

Excerpt: ...discovery requests. The Plaintiff and Defense Counsel are ordered to appear to address the Court's Order to Show Cause. At this August 1 hearing, the court directed plaintiff Elyssa Seth to personally appear before the Court on August 22, 2019 at 8:30 a.m. in Department 2 of this court to show cause why (1) this action should not be dismissed and sanctions of $1,000.00 imposed against plaintiff under CCP §2023.010(g), §2023.030(d)(3) §2030.290...

Excerpt: ...ion for Summary Judgment or in the Alternative, Summary Adjudication, and Motion to Strike Thereto are sustained. Defendants' Evidentiary Objections as to all other Items to which an objection has been raised in Defendants' Evidentiary Objections to Plaintiff's Evidence in Support of Opposition to Motion for Summary Judgment or in the Alternative, Summary Adjudication, and Motion to Strike Thereto are overruled. OPERATIVE FACTS This case involves...

Excerpt: ...rmation has been submitted as to various provisions of the settlement 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. Sufficiency of Amount of Settlement ($547,500.00) The gross settlement amount is $$547,500.00 which was agreed to by the parties at mediation. Plaintiff estimates the total number of class members is 2,153. Plaintiff's investigation of Defenda...

Excerpt: ...d Order for Monetary Sanctions; Tentative Rulings: (1) To grant plaintiff Central Valley AG Exports, Inc. motion to compel initial responses to special interrogatories, set one, from defendant York Canadian Grain Trading, Inc. This defendant shall provide full and complete verified responses to these interrogatories without objection within thirty days from the service of the notice of this ruling. (2) To grant plaintiff Central Valley AG Exports...

Excerpt: ...rties affected by this motion were given timely and proper notice. The Court has not received any response to this motion. This motion arises out a traffic accident where Intervenor Starstone National Insurance Co. paid workers' compensation benefits to plaintiffs Camilo Ortega Carranza and Mario Guillen who were employed by Starstone's insured Landscape Development, Inc. By virtue of its payment of workers' compensation benefits to Landscape's e...

Excerpt: ...s moving papers letters from his physicians to document that he will soon be undergoing surgery and that the medical condition that requires this surgery limits his ability to travel. But these physician letters – even if drafted after plaintiff's July 2, 2019 ex-parte application and presented to this court for the first time in plaintiff's motion for reconsideration – offer no new information as to Mr. Hernandez's medical condition or his r...

Excerpt: ...ing on this matter to facilitate scheduling of this deposition. OPERATIVE FACTS: Jose Rivera is a plaintiff who claims injuries arising out of a motor vehicle accident. Mr. Rivera noticed the deposition of defendant/cross-defendant Lupe Rodriguez dba LGP AG SERVICES. On November 7, 2018, this court ordered Ms. Rodriguez to appear at a deposition within 20 days and pay monetary sanctions. Ms. Rodriguez did neither. Then on December 3, 2018, this c...

Excerpt: ...nt's demurrer contends plaintiff Phillip Ocaranza's complaint for medical negligence and wrongful death is time barred under the one-year statute of limitations pursuant to Code of Civil Procedure section 340.5; fails to state a proper cause of action for wrongful death; and is uncertain as to the relief requested by plaintiff individually and as successor-in-interest. Plaintiff concedes his complaint is defective on all grounds. However, plainti...

Excerpt: ...aintiff Zurich American Insurance Company's (plaintiff) complaint alleges Sparta Insurance Company (Sparta) and others insured the general contractor, The Donald Lawrence Fulbright Company (Fulbright) for the residential development in the underlying action. Plaintiff also insured Fulbright and funded the settlement. Plaintiff ‘s complaint seeks equitable indemnity from the defendant insurance companies. Sparta requests summary judgment asserti...

Excerpt: ... The problem is that defendant's motion is procedurally improper and fails to prove the exemption conclusively applies in this case. No motion to certify a class has been filed by plaintiff. Defendant has cited no authority for the motion to deny class certification. Defendant is precluded from seeking a demurrer or motion to strike portions of the complaint as an answer has been filed. Defendant's motion is improper as a motion for judgment on t...