Excerpt: ...t is time-barred under the three-year limitations period for claims based on mistake pursuant to Code of Civil Procedure section 338. In particular, defendant contends plaintiffs' complaint filed on February 28, 2019, was not timely because plaintiffs were given notice of defendant's claim against them when they served with defendant's unlawful detainer action on February 27, 2016. In opposition, plaintiffs contend the limitations period began in...

Excerpt: ...�� Civil – at her address as stated in the moving papers for this matter. This order shall be deemed effective when a proof of service on plaintiff Elyssa Seth has been filed with the court. The court finds that moving parties Ricardo Y. Merluza and Antony A. Thomassian of Merluza Law have complied with the provisions of California Rule of Court 3.1362 The supporting declaration of attorney Ricardo Y. Merzula states that there has been an irrev...

Excerpt: ... to the discovery requests were waived. (CCP 2030.290(a) and CCP 2031.300(a).) Plaintiffs provided untimely responses, each of which contain boilerplate objections. By this motion, Plaintiffs seek relief from the objection waiver. Defendant asserts discovery was propounded in February and responses were due by March 18, 2019. Plaintiffs assert they are in “substantial compliance” with the requirements of the discovery act because responses we...

Excerpt: ...s Compromise as to minor plaintiff Steven Zwiderweg had been approved. Plaintiffs now seek to vacate this dismissal. Defendant has filed a “non-opposition” to Plaintiffs motion. CCP §473(b) states in relevant part that: Notwithstanding any other requirements of this section, the court shall, whenever an application for relief is made no more than six months after entry of judgment, is in proper form, and is accompanied by an attorney's s...

Excerpt: ...ny time from February 15, 2009 to January 11, 2019. Plaintiffs submit the following settlement terms for preliminary approval as per Kullar v. Footlocker Retail (2008) 168 Cal.App.4th 116, 129: The proposed gross settlement amount (GSA) is $550,000.00. From this $550,000 the proposed deductions are: (1) a maximum of attorney fees of $183,333.33, (3) a maximum of $35,000.00 in litigation costs; (3) Enhancement payments of $5,000.00 each to the two...

Excerpt: ...t seq. Plaintiff's moving papers were filed on April 16, 2019. Plaintiff has not filed a proof of service to show Defendant R&R Towing has been served with the motion. Because the Defendant has not appeared, personal service is required. (CRC 3.1150.) Additionally, Plaintiff has not sought or obtained an order to show cause which is required where the Defendant has not yet appeared. Although not properly captioned and although confusingly written...

Excerpt: ...ction defect action where the plaintiffs have agreed to accept the sum of $4,000.00 from cross-defendant M&B Carpentry in exchange for a release of all claims arising out of M&B Carpentry's work on the properties at issue in this action. CCP § 877.6 affords the court with the discretion to determine whether a settlement reached by opposing parties in litigation is in good faith such that it is "within the reasonable degree of the settling to...

Excerpt: ... judgment on the pleadings at the address identified in her answer to the plaintiff LVNV Funding LLC's complaint. The Court has not received any response to this motion. Plaintiff LVNV Funding LLC brings this action to recover on a delinquent credit card obligation owed to its assignor Credit One Bank by defendant Sonterrena Patterson in the principal sum of $1,295.15. Plaintiff's complaint pleads causes of action for the common counts of account...

Excerpt: ... Ruiz's complaint that is at issue in this demurrer is her fourth cause of action for sexual battery in violation of Civil Code §1708.5. Jennifer Ruiz was employed by defendant United Staffing Associates as a service worker. She alleges that United assigned her to work alone with defendant Christopher Castro on September 27, 2018. Ms. Ruiz states that Castro make unwarranted and unsolicited remarks to her that he had not had sex in over a year. ...

Excerpt: ... all other respects; sustained as to the Second Cause of Action in its entirety, without leave to amend; sustained as to the Sixth Cause of Action in its entirety, without leave to amend as to Plaintiff Jacqueline Lupercio and with leave to amend as to Plaintiff Susana Magana; sustained as to the Eighth Cause of Action in its entirety, without leave to amend; is overruled as to all other Causes of Action. (2) Defendant's Motion to Strike is moot ...

Excerpt: ...ound 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 clearly should have reached a different verdict or decision.” This court cannot reach the conclusion that the jury should have reached a different verdict. In this ...

Excerpt: ...at arises out of defendant Thuyyy Pham's default on a loan that he obtained from plaintiff Discover Bank. Discover Bank's complaint pleads causes of action for open book account, account stated, money paid, money lent, and for a loan that Discover Bank issued to Thuyyy Pham that required periodic payments. AUTHORITY AND ANALYSIS A plaintiff moving for summary judgment (MSJ) must make a prima facie showing that there are no triable issues of fact ...

Excerpt: ...riguez shall provide full and complete verified responses without objection to plaintiff's form interrogatories, set one within 20 days from the notice of this ruling. (2) To grant plaintiff's motion to deem admitted plaintiff's requests for admissions, set one, to defendant Robert Rodriguez. Items 1-8 of plaintiff's first set of requests for admissions to defendant Robert Rodriguez shall be deemed admitted, and Exhibit “A” attached to plaint...

Excerpt: ...cident that occurred on August 4, 2018 at 1:19 a.m. While intoxicated, defendant Billy Ray Campos crashed his 2002 Ford Mustang into a fence on plaintiff Megan Howard's property, causing damage to this fence, concrete pillars, a custom gate, and trees on her property The allegations identified in Ms. Howard's First Amended Complaint (FAC) state that this accident was preceded by an altercation between Mr. Campos and his girlfriend, that Mr. Campo...

Excerpt: ... Abuse under Welfare and Institutions Code §15610 et seq. and Trespass. Ms. Norton now moves the court for trial preference under CCP §36 because she claims to be 72 years old and the defendant is in his 80's. CCP §36(a) provides that “A party to a civil action who is over 70 years of age may petition the court for a preference, which the court shall grant if the court makes both of the following findings: (1) The party has a substantial int...

Excerpt: ...ndants Wathen Castanos Hybrid Homes, Inc., Skyview Crest LP, Skyview Crest Partners, LLC and Wathen Castanos Project General Partners LLC subject to approval by this court. In exchange for this $2,500.00 payment, these defendants agree to release any and all claims against Granite Hills in this action and to defend and indemnify Granite Hills against any direct claims that the plaintiffs assert against Granite Hills. CCP § 877.6 affords the cour...

Excerpt: ...n. This is a construction defect action where the plaintiffs have agreed to accept the sum of $10,384.62 from cross-defendant Fresno Precision Plastics, Inc., in exchange for a release of all claims arising out of Fresno Precision Plastics, Inc.'s work on the properties at issue in this action. Plaintiffs have also agreed to release Centex Homes from all liability arising out of the work performed by Fresno Precision Plastics, Inc. on the propert...

Excerpt: ...ate. No response to the demurrers has been filed by Plaintiff. At Case Management Conference on May 13, 2019, Plaintiff indicated he would be filing an amended complaint. For purposes of a demurrer all properly plead facts and those reasonably arising by implication must be accepted as true. Couglas v. E. & J. Gallow Winery(1977) 69 Cal.App.3d 103, 114. An exception, however, is that the general rule is limited to those material facts properly pl...

Excerpt: ...nsumer Warranty Act (Civil Code §1790 et seq.) also identified as California's “lemon law.” Plaintiff Veronica Franco purchased a 2015 Jeep Cherokee from a dealership for defendant FCA US LLC on or about October 18, 2015. FCA US LLC is the manufacturer of this Jeep. Upon receipt of this Jeep, Ms. Franco became aware of a defect in this automobile that caused it to randomly and dangerously stall. Ms. Franco brought her Jeep to an authorized d...

Excerpt: ... a 2015 Chrysler 200 from a dealership for defendant FCA US LLC on or about February 12, 2016. FCA US LLC is the manufacturer of this 2015 Chrysler 200. Upon receipt of this automobile, plaintiffs became aware of an electrical defect in car that caused, among other things, inoperable turn signals, instrument cluster failure, failure to start or difficultly starting the engine, and failure of the radio. Plaintiffs brought her 2015 Chrysler 200 to ...

Excerpt: ... that Mr. Gonzalez owed to FMCC in the principal amount of $15,765.16 plus interest at the rate of 4.49% per annum. The stipulation provided that Mr. Gonzalez would make monthly payments to FMCC in the amount of $200.00. Interest on the balance due under this stipulation would accrue at the 4.49% per annum. The stipulation also provided that in the event of a default that FMCC to move this court under CCP 664.6 to enter judgment in the amount due...

Excerpt: ...The root of this action is a family dispute as to who inherits title to a 1930 Ford Model A and a 1951 Ford Coupe automobiles. Plaintiff's father Paul Hamilton King. Jr. held sole and exclusive title to these antique cars when he died intestate in May of 2017. Plaintiff contends that it was his father's intent that plaintiff succeed to sole and exclusive title to these Fords at the time of his death. But where Mr. King Jr. died without a will, th...

Excerpt: ...South Mack Grinding. Defendants shall have twenty days' leave to answer the plaintiff's complaint OPERATIVE FACTS In September 2012, plaintiff J. Mack Ent., Inc. (“Mack”) rented a Wirtgen Milling Machine from SC Services, Inc. (“SC”). Then in October of 2012, Mack was involved in an accident that allegedly damaged the Wirtgen. Mack tendered SC's claim to its insurance broker Donald F. Sharp (Mack alleges in its Third Amended Complaint for...

Excerpt: ...endant Tulare County Resource Management Agency as to all causes of action, without leave to amend. Plaintiff's Request for Judicial Notice is Granted. Defendants' Request for Judicial Notice is Granted. 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' fees and penalties. ...

Excerpt: ...aint (SAC) appears to allege that he properly paid his property taxes by delivering various documents to Tulare County that plaintiff labels the “discharging instrument” packet. This packet of documents did not include any payment in cash or any of the other statutorily accepted ways to pay property taxes. Plaintiff's property was designated for auction, but before the property could be sold the plaintiff paid the delinquent $14,264.46 balanc...