Excerpt: ...the file indicates notice of the demurrer was adequate. No response to the demurrer has been filed. Defendant Nick Pritchett contends plaintiff Mane Arax's first amended complaint for fraud fails to state a cause of action because plaintiff failed to obtain an order permitting a cause of action for conspiracy against Pritchett as required by Civil Code section 1714.10. Here, the amended complaint alleges Pritchett and his and co-defendants, “jo...

Excerpt: ...CP §368.5 to bring this motion as the purchaser-assignee of a note and deed of trust previously held by Bill B. Long. This action involves three liens against a four-acre olive orchard. Bob's Petro Products' Lien was the most junior of the three lienholders. From late-December 2018 through February of 2019, Bob's Petro was negotiating with Mr. Long to acquire his senior lien on the property. On or about December 26, 2018, McGowan and Anderson su...

Excerpt: ...enor”) class action seeks recovery from defendant Calftech Corporation for various alleged wage and hour violations. The parties participated in mediation and reached an agreement to settle intervenor's class claims. The class consists of 225 former employees of defendant who worked for the defendant from August 5, 2012 to January 18, 2019. The gross settlement amount is $500,000.00. If all of intervenor's requested deductions are approved, the...

Excerpt: ...r Judgment on the Pleadings are sustained. OPERATIVE FACTS On or about June 22, 2006, Laura C. Woomer executed a note in the amount of $211,000.00 (the "Note) and received a loan from Countrywide Home Loans, ("Countrywide"), with ReconTrust Company, N.A. ("ReconTrust") serving as the Trustee and MERS acting solely as a nominee for Countrywide and its successors and assigns. This note was secured by a deed of trust encumbering ...

Excerpt: ...parte application and motion to stay action arises out this court's March 28, 2019 ruling that denied defendants Gary Kupfer, Mary Ann Cantu, and County of Tulare's motion for summary judgment-adjudication. These defendants assert that their intention is to seek writ relief from the Fifth District Court of Appeal as to this court's March 28 ruling. Defendants' request for a stay of this action until the Fifth District Court of Appeal rules on the...

Excerpt: ...Defendant Torres failed to do so here. Ms. Torres' motion fails on the merits as well. From a review of the record in this unlawful detainer action, the court notes that judgment was entered on April 4, 2019 This case was tried on April 2, 2019. Defendant Torres personally appeared at the trial of this case and offered evidence to the court that consisted of a declaration that had several exhibits attached to it. Following a review of this eviden...

Excerpt: ...andez moves this court to “reconsider” its ruling on February 26, 2016 that indicated that the parties had waived a jury trial based on the failure to post jury fees. The statute at issue in this matter is CCP §631(g) that states that “The court may, in its discretion upon just terms, allow a trial by jury although there may have been a waiver of a trial by jury.” Generally, the grounds upon which relief from the waiver of a jury trial w...

Excerpt: ...do less a credit of $15,000 against the $50,000 judgment entered against them for payments against this judgment that the defendants have made in partial satisfaction of the stipulated judgment that is the subject of this motion. This is an action for breach of contract and quantum that arises out of a contract between plaintiff Impax Automation, LLC and defendants Visalia Dairy Co., Mark D. Acevedo, Leonard Vandenberg. Mike Ramirez, and Daniel Q...

Excerpt: ... There has been no response to this motion. This is a construction defect action where the plaintiffs have agreed to accept the sum of $2,368.42 from cross-defendant FPPI in exchange for a release of all claims arising out of FPPI'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 FPPI on the properties at issue in this action. This settleme...

Excerpt: ...urt also notes that a default was entered against defendants KLX, Inc. and Peoplease LLC on February 8, 2019. Plaintiffs contend they should be certified as a class for purposes of litigating their common interests in this case. Plaintiffs are entitled to certification as a class if they can establish (1) there is an ascertainable class, and (2) there is a well-defined community of interests for all of the class members in the questions of law an...

Excerpt: ...ly, motion to strike contends plaintiff Roberto Tellez cannot recover premium pay pursuant to Labor Code section 226.7 as part of his cause of action under California's Unfair Competition Law (UCL). This case has been pending for over three years; the original complaint was filed in March 2016. The second amended complaint was filed more than a year ago and parties reached a stipulation on defendant's request to strike portions of the UCL cause o...

Excerpt: ...nia Insurance Company, and Applied Risk Services, Inc.'s Demurrer to Plaintiff's Amended Complaint. Plaintiff Picar Farm Labor, Inc.'s amended complaint alleges defendants Applied Underwriters, Inc., Applied Underwriters Captive Risk Assurance Company, Inc., California Insurance Company, and Applied Risk Services, Inc. (collectively defendants) fraudulently induced plaintiff to sign the parties' settlement agreement and included charges in defend...

Excerpt: ...ontract agreement dated February 7, 2014. The agreement relates to a public works project known as the South Valley Animal Health Laboratory. Moving Defendant is the general contractor for the project. Plaintiff is a sub- contractor. The University of California is the owner of the project. Defendant Hartford Fire Insurance Company posted the payment bond for the project on behalf of Movant. By its Complaint, Plaintiff seeks recovery for addition...

Excerpt: ...us alleged wage and hour violations. The parties participated in mediation and reached an agreement to settle plaintiff's class claims. The class consists of 495 current and former employees of Defendant. The gross settlement amount is $800,000.00. If all of plaintiff's requested deductions are approved, the net settlement for distribution to class members would be $467,000. The Court is satisfied that plaintiff has sufficiently addressed the con...

Excerpt: ...w Crest LP, Skyview Crest Partners, LLC and Wathen Castanos Project General Partners LLC subject to approval by this court. This $31,000 sum is inclusive of indemnity and any contractual defense fees. In exchange for this $31,000 payment, these defendants agree to release any and all claims against Northstar in this action and to defend and indemnify Northstar against any direct claims that the plaintiffs assert against Northstar. CCP § 877.6 af...

Excerpt: ...plaint. The Court has not received any response to this motion. Plaintiff Discover brings this action to recover on a delinquent credit card obligation owed to it by defendant Alvarez in the principal sum of $2,338.38. Plaintiff's complaint pleads causes of action for the common counts of open book account and account stated. Defendant Alvarez's answer to Discover's complaint does not contest any of the allegations raised in the plaintiff's compl...

Excerpt: ...rayers for Punitive Damages. Based on the opposition, it appears Plaintiff has agreed there is no basis stated in the First Amended Complaint to recover attorney's fees and costs. A motion to strike claims for punitive damages is appropriate where the subject pleading does not support such claims as a matter of law. (Commodore Home Systems, Inc. v. Superior Court (1982) 32 Cal.3d 211, 214-215.) Defendants assert Plaintiff's First Amended Complain...

Excerpt: ...ll provide full and complete verified responses to these document requests without objection within thirty days from the service of the notice of this ruling. Judgment debtor Brookfield Box Company, Inc. shall also pay monetary sanctions in the amount of $840.00 to judgment creditor's counsel within thirty days after service of the notice of this ruling for this motion as required under CCP§2023.030(a), CCP §2030.290(c), and CCP §2031.300(c). ...

Excerpt: ...c. to Plaintiff's Second Amended Complaint as to all causes of action, with leave to amend; and (2) to grant the Motion by Defendant Tri-County Medical Transport, Inc. to Strike Allegations of Plaintiff's Second Amended Complaint, with leave to amend. Plaintiff shall file any Third Amended Complaint within ten (10) days of this order. Plaintiff inexplicably continues to rely on what appears to be a form complaint designed for an action against a ...

Excerpt: ...rnia Rule of Court 3.1362(d) as to the service of the moving papers for this motion on the plaintiff and all other parties to this action. The Court has not received any response to this motion. The supporting declaration of Ricardo Y. Merluza establishes that the plaintiff Elyssa Seth has refused to cooperate with her counsel in the prosecution of her case, and has failed to respond to repeated inquiries from Mr. Merluza to contact him or his of...

Excerpt: ...no response to this motion. This is a personal injury action for negligence, negligence per se, and statutory liability that arises out of a traffic accident between a 2000 Lincoln LS sedan and automobile driven by plaintiff Ludvin Gonzalez Lopez and a 2007 flatbed freight vehicle driven by defendant Jose Manuel Carrillo. Plaintiff filed his complaint on June 29, 2018. At the time of the accident, defendant Carrillo was acting in the course and s...

Excerpt: ...defendant Mary Ann Ferraro to plaintiffs' first amended complaint by treating it as a plea in abatement, and staying this action pending a full and final resolution of case #PCU 261738. To deny as unripe defendants Pleasant Valley Canal Company and Richard Waller's motion to strike punitive damages from plaintiff's first amended complaint. Defendant Mary Ann Ferraro's Request for Judicial Notice is granted under Evidence Code §452(d). Defendants...

Excerpt: ...y defendant Kings County Water District within 30 days from the notice of this ruling. OPERATIVE FACTS On April 26, 2018, this Court entered a judgment that resolved the plaintiff Kings River Agricultural Property Owners Association's (“KRAPOA”) Second Amended Complaint and defendant Kings County Water District's (“the District”) First Amended Cross- Complaint. On July 16, 2018, the parties settled all of the issues raised in this present...

Excerpt: ...e dog to be humanely destroyed. The court is to review the record and apply its independent judgment to determine whether the decision of the administrative hearing officer is adequately supported. “When a trial court applies the independent judgment test in reviewing an administrative agency decision, it determines whether the agency's findings are supported by the weight of the evidence (CCP § 1094.5(c)). This is a kind of limited trial ...

Excerpt: ... Defendants are Zoetis, Inc. and Nutrius, LLC who are the manufacturer and distributor of Bovatech, a feed additive for cattle. Calftech alleges that it had previously used the additive Rumensin, an antibiotic that is used to improve food efficiency and control coccidiosis in cattle. Calftech alleges that the defendants represented to it that Bovatech would effectively control coccidiosis, improve feed efficiency in the cattle, and was superior t...