Excerpt: .... in Department 2 of this court to show cause why (1) this action should not be dismissed under CCP §2023.010(g), §2023.030(d)(3) and §2031.300(c) based on his failure to fully comply with the Court's May 16, 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 Clayton Biewer and his counsel based on plaintiff's disobedience of the Court's May 16, 2019 order...

Excerpt: ...ris are sustained as to the “Kemp” debt and overruled in all other respects. Plaintiffs' objections to the declaration of Laura Kemp are sustained as to objection number 9 and overruled in all other respects. 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. (Code Civ. Proc., § 437c, subd. (c).) "[T]he party moving for summary judgment bears a...

Excerpt: ....290(c), §2031.300(c) and §2033.290(c) based on her failure to fully comply with the Court's April 19, 2019 and May 23, 2019 orders, 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 Elyssa Seth based on plaintiff's disobedience of the Court's April 19, 2019 and May 23, 2019 orders. No CourtCall shall be permitted for this Order to Show Cause appearance. All parties w...

Excerpt: ...t to modify the subpoena to include records from August 14, 2012 to present is granted; and (2) to Deny Plaintiff Ellie Wilson's Motion to Quash Ortega Defendants' Subpoena conditioned on the issuance of a protective order limiting disclosure of any records produced. (1) Defendant Porterville Unified School District issued a subpoena to Frony Ritter, MFT a health care professional for adult Plaintiff Emily Wilson. Plaintiffs move to modify the su...

Excerpt: ...nt to this order shall be made in the lead case. To further order that any trial in the consolidated action shall be bifurcated. The issue of alter ego liability of Metrocom, Inc. for obligations of Metrocom MDB, Inc., including whether Metrocom, Inc. was Plaintiff's employer, and whether Metrocom MDB, Inc. was the agent of Metrocom, Inc. are to be tried first. All evidence and argument on these issues will be presented and a decision reached bef...

Excerpt: ...blishes that the defendant Robert Rodriguez has failed to cooperate with their counsel in prosecution of his defense to this action. Specifically, Mr. Zavala states that he has been unable to effectively communicate with his client. and that there is a large unpaid balance for attorney fees due from Mr. Rodriguez to Mr. Zavala. However, California Rules of Professional Conduct, Rule 3-700 provides that an attorney “shall not withdraw from emplo...

Excerpt: ...the request. A demurrer tests whether a pleading states a cause of action or defense, and in the words of the California Supreme Court in Moore v. Regents of the Univ. of Cal. (1990) 51 Cal.3d 120, 125: “Accordingly, we assume that complaint's properly pleaded material allegations are true and give the complaint a reasonable interpretation by reading it as a whole and all of its parts in their context . . . we do not, however, assume the truth ...

Excerpt: ...detailed a number of deficiencies which must be addressed before the petition could be granted. Plaintiff requested the hearing be continued and has filed a supplement in support of the petition. 1. Sufficiency of Amount of Settlement ($197,500.00) Further information is required. Plaintiff has provided additional information concerning the risks of further litigation including Defendant's potential defenses. However, Plaintiff has provided no in...

Excerpt: ...Frank Macaluso, Jr. is a radiologist who interpreted imaging studies (i.e. CT Scans, Ultrasounds, etc.) taken of plaintiff Mary Duarte before and after she underwent a laparoscopic gallbladder surgery on April 16, 2016. Ms. Duarte contends that she suffered physical pain and injury because Dr. Macaluso failed to discover defects in Ms. Duarte's cystic and hepatic ducts. On May 11, 2015, Dr. Macaluso evaluated an abdominal ultrasound taken of Ms. ...

Excerpt: ...t of a motion must consist of the following: (c) A memorandum in support of the motion or demurrer” California Rule of Court 3.1113(a) further mandates that “A party filing a motion, except for a motion listed in rule 3.1114, must serve and file a supporting memorandum. The court may construe the absence of a memorandum as an admission that the motion or special demurrer is not meritorious and cause for its denial and, in the case of a demurr...

Excerpt: ...uled. OPERATIVE FACTS On July 23, 2017, plaintiff Shirley Reed was walking with her grandchildren to look at a house that she might want to rent. This house was owned by defendant Blain and is located at 615 “Q” Street in Tulare, California. Mrs. Reed is legally blind. When walking on the sidewalk in front of defendant Blain's property, Mrs. Reed alleges she encountered a defect in this sidewalk that was created by a root of a tree that went ...

Excerpt: ...lly transferred title to the property to a third party in breach of an agreement to sell to plaintiff. Plaintiff obtained judgment against the sellers in the prior action. In this case, plaintiff seeks to recover damages from other parties allegedly involved in the real estate transaction. The court has previously sustained demurrers, without leave to amend, as to three of the named defendants. The only remaining defendant, Matthew Rieder, (defen...

Excerpt: ... is any substantial evidence, or reasonable inferences to be drawn therefrom, in support of the verdict, the motion should be denied.” Hauter v. Zogarts (1975) 14 Cal.3d 104,110 BFR principally contends that John Cunningham's act of killing himself so far outweighs any “passive” failures on the part of BFR that the court must conclude as a matter of law that the negligence of BFR was not a substantial factor in causing Cunningham's death. B...

Excerpt: ...rom the notice of this ruling; (2) To grant defendant Maria Garcia's motion for leave to amend answer. Defendant Maria Garcia shall file her amended answer to plaintiff's complaint within ten days from the notice of this ruling. GENERAL ALLEGATIONS This is a collection action brought by plaintiff Collectibles Management Resources as the assignee of Skylife Ambulance for services provided by Skylife Ambulance. Mrs. Garcia handles the family's busi...

Excerpt: ..., 2019. Proof of service filed with the documents indicates Plaintiff was provided notice of the demurrer by mail on June 3, 2019. As on July 15, 2019, no response to the demurrer has been filed. By her Complaint, Plaintiff seeks to attack non-judicial foreclosure proceedings initiated by Defendants related to Plaintiff's property at 30781 Commercial Road, Visalia, California. Plaintiff purports to assert eleven (11) separate causes of action in ...

Excerpt: ...(d) states that: “The court may, upon motion of the injured party, or its own motion, correct clerical mistakes in its judgment or orders as entered, so as to conform to the judgment or order directed, and may, on motion of either party after notice to the other party, set aside any void judgment or order.” Here, default was entered against defendant N.D.R. Companies, Inc. also known as NDR Companies, Inc. doing business as Nationwide Outside...

Excerpt: ...ons; (2) To Sustain Defendants' Demurrer to All Causes of Action to Plaintiff's Second Amended Complaint, without leave to amend. (1) Plaintiff seeks further responses from Defendant Pixley Medical Clinic to Plaintiff's Request for Production of Documents. Defendant opposes the motion. Plaintiff's motion is denied as to requests numbered 1 through 4. Defendant's objections to the requests are sustained. The requests are vague and overbroad. The r...

Excerpt: ...Plaintiff shall also pay monetary sanctions to defendant's counsel under CCP §2023.030(a), §2030.300(d) and §2031.300(c) in the amount of $896.00 within thirty days from the date of this ruling. This is a personal injury action that arises out of a slip and fall accident. Defendant propounded discovery to plaintiff (interrogatories and an inspection demand) to determine the amount of medical expenses that plaintiff's health insurer Humana / Di...

Excerpt: ...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 Richfield Co. (2001) 25 Cal.4th 826, 850.) The moving party bears the burden of pe...

Excerpt: ...FACTS Jose Lopez (defendant in Case VCL #189368 and the plaintiff in Case VCU #278623) was approached by Guadalupe Lopez and Nora Lopez (plaintiff in Case VCL #189368 and the defendants in Case VCU #278623) in the mid-1990's on numerous occasions to take over the mortgage payments and related expenses on property owned by Guadalupe and Nora Lopez that is located at 4154 Avenue 400, Dinuba, California. Jose contends that Guadalupe and Nora agreed ...

Excerpt: ...plaint (TAC) alleges that he properly paid his property taxes by delivering a packet of documents to the County (the “discharging instrument” packet). This packet of documents did not include cash or any of the other statutorily accepted ways to pay property taxes under the Revenue and Taxation Code. Ramsey's property was designated for auction, but before the property could be sold Ramsey paid the delinquent $14,264.46 balance in taxes owed ...

Excerpt: ...amy Sidharaju first supplemental interrogatory and first supplemental request for production of documents, and order that the allegations and facts set forth in Requests 31 through 35 of plaintiff's second set of requests for admission to defendant Carrasco be deemed admitted. Defendant Carrasco shall provide a full and complete verified response without objection to plaintiff Krishnaswamy Sidharaju's first supplemental interrogatory and first su...

Excerpt: ... General Partners LLC, and Guaranty Plus Properties, LLC (collectively the “Developer Defendants”) have agreed to accept the sum of $11,500.00 from cross-defendant Ladell in exchange for a release of all claims, including a waiver of Civil Code §1542 that would arise out of Ladell's work on the properties at issue in this action. The Developer Defendants have also agreed to release Ladell from all liability arising out of the work performed ...

Excerpt: ...g. This $960.00 includes the $480.00 that this court imposed as a sanction in its April 9, 2019 order. This is a personal injury case that arises out of a motor vehicle accident. On April 9, 2019, this Court ordered plaintiff Elyse Rodriguez to provide full and complete verified responses without objection to defendant's first sets of form and special interrogatories and first inspection demand within 30 days from the notice date of that ruling. ...

Excerpt: ...ra, and Grey Tompkins with prejudice under CCP §581(f)(1). Plaintiff's Request for Judicial Notice is granted under Evidence Code §452(c) Defendants' request for Judicial Notice is also granted under Evidence Code §452(c). This action involves a dispute over three separate public works contracts between Plaintiff and Defendant County of Tulare. Plaintiff asserts it is due at least $637,512.99 under the contracts plus interest, costs, attorneys...