Excerpt: ...nt statements of undisputed facts and three supporting points and authorities divided as 1) Tulare County's separate statement, 2) Pruneda's separate statement, and 3) Cantu and Kupfer's separate statement. Plaintiff has filed opposition to each of the three statements of undisputed facts. Plaintiff's objections to the declarations of 1) John Mauro, 2) Gary Kupfer, 3) Mary Ann Cantu, 4) Maggie Pruneda, 5) Melissa Watson, 6) Juliet Webb, 7) Lizett...

Excerpt: ...ing in this matter addresses only the issue before the court and not whether the attorney/client relationship ends by way of operation of law at the conclusion of the case. The Court finds that moving party attorneys Mark A. Waller and David D. Schneider of Dowling Aaron, Incorporated have complied with the provisions of California Rule of Court 3.1362(d) as to the service of the moving papers for this motion on the plaintiffs. The Court has not ...

Excerpt: ...any other time) as her counsel represented to this court at the February 26, 2019 hearing on the City's ex-parte application that Ms. Reed would indeed do so, plaintiff shall pay monetary sanctions under CCP §2023.030(a) and CCP §2025.450(g)(1) in the amount of $1,560.00 to counsel for the City of Tulare within thirty days from the notice of this ruling. Plaintiff's counsel shall also coordinate with the City of Tulare a date certain for Ms. Re...

Excerpt: ...ce is granted as Exhibit “A and denied as to Exhibit “B.” Defendants' Request for Judicial Notice is granted only as to the date of filing of the referenced complaint and answers identified in defendants' Request for Judicial Notice. Except for minute orders and other orders for this case that appear in the Court's file, and other matters that in the Court's file where Evidence Code §452 authorizes the right to judicial notice, the Court d...

Excerpt: ...approximately a day and a half before returning its verdict. They retired to deliberate on the afternoon of December 18, 2018, and returned their verdict just before 11:00 on December 20th. CCP §675 provides, in pertinent part, “A new trial shall not be granted upon the ground 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...

Excerpt: ...ately 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 happe...

Excerpt: ...andum. 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 demurrer, as a waiver of all grounds not supported.” The court notes that plaintiff-in-intervention Employers Assurance Company's did not file or serve a memorandum of points and authorities in support of its motion for leave to file complaint-in- intervention. Accordingl...

Excerpt: ... this order. Plaintiffs' Second Amended Complaint (“SAC”) was filed January 9, 2019 asserting as a class action seven (7) wage and hour causes of action and a PAGA claim. Defendant demurs to the SAC and alternatively moves to strike the class action allegations from the SAC. 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.Ap...

Excerpt: ...pproval of Class Action Settlement, Conditional Certification of Settlement Class, Approval of Class Notice Package, Approval of Plaintiff's Payment, Appointment of Class Counsel and Settlement Administrator, and Setting of Final Approval Hearing. 1. Sufficiency of Amount of Settlement ($420,000) Insufficient information has been submitted as to the basis for the court to make the merits evaluation required by Kullar v. Foot Locker Retail, Inc. (...

Excerpt: ...tervenor Fernando Aguirre (“Intervenor”) 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 re...

Excerpt: ...earance by any party. At the hearing on the writ petition held January 24, 2019, the court adopted its tentative ruling denying the petition. Petitioner seeks reconsideration of the court's ruling. Although Petitioner seeks to characterize his motion as containing new facts, the motion and supporting documents are a restatement of arguments raised by Petitioner in his petition and in his reply to the opposition to his petition. No new facts or la...

Excerpt: ...sufficient to establish there remain triable issues of material facts concerning the extent of needed repairs, the causes of problems giving rise to the need for repair, and notice to Plaintiff of the need for repair. Under the circumstances the court cannot conclude Defendant is entitled to judgment as a matter of law and the motion must be denied. If no one requests oral argument, Plaintiff shall submit a proposed order in compliance with CCP s...

Excerpt: ...ful action arising out of the death of decedent Lorna McIntryre. Plaintiffs contend that Mrs. McIntrye died as the result of negligent medical treatment that the defendants provided to Mrs. McIntrye Defendant Linda Herman MD now moves the court for summary judgment on two grounds: (1) she argues that the applicable statute of limitation as to Dr. Hernan expired at best on January 14, 2018 and plaintiffs did not perfect their claim against her or ...

Excerpt: ...cted 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 to protect the interests of persons affected by a judgment, to obviate delay, and to avoid multiplicity of actions.” See Deutschmann v. Sears, Roebuck & Co. (1982) 132 Cal.App.3d 912, 915 Propose...

Excerpt: ...all appearances will be permitted. Counsel should be prepared to present detailed documentation to support all cost claims including amounts, purpose, when incurred, and statutory authority permitting the cost claim. In addition, counsel should be prepared to present a spreadsheet containing the details of the requested cost calculations under CCP 998. (1) Plaintiff's Motion for New Trial. Although the case was filed as an unlimited civil proceed...

Excerpt: ...4) days of this order. For purposes of assessing the sufficiency of a demurrer, the court is to assume the truth of all well- pleaded facts. (Blank v. Kirwan (1985) 39 Cal. 3d 311, 318; CCP 430.30.) The court will accept as true all facts that may be implied or inferred from those alleged. (Marshall v. Gibson, Dunn & Crutcher (1995) 37 Cal. App. 4th 1397, 1403.) The court “‘is to determine whether the pleaded facts state a cause of action on ...

Excerpt: ...y 14, 2019 at 8:30 am; dept. 2. Plaintiff's counsel is to appear and advise the court of the current status of 18 additional class member claims not included in the class notice. (Court-call is welcome) If all additional claims have been resolved within the $40,000.00 indicated in counsel's Supplemental Declaration filed February 6, 2019 the court is prepared to grant the motion as follows: The court preliminarily approved the terms of the settle...

Excerpt: ...t Solar Marketing, Inc. (“Solar”) and defendants Orpheus and Dora Renteria Haywood (“the Haywoods) that provided for Solar to install a solar energy system at the Haywoods' residence at a cost of $48,000. After Solar installed the solar energy system at the Haywoods' residence, the Haywoods refused to pay Solar for the work performed and demanded that Solar perform work not included in the terms of the contract. Solar responded with this pr...

Excerpt: ...ood faith settlement A review of the Court's file indicates that all necessary parties have been given timely and proper notice of these motions. There has been no response to these motions. This is a construction defect action where the plaintiffs have agreed to accept the sums of $1,000.00 from cross-defendant San Joaquin Stairs, Inc., and $23,000.00 from Kennies Indoor Comfort Specialists, Inc. in exchange for a release of all claims arising o...

Excerpt: ...is 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, there is no docu...

Excerpt: ... set one of demand for identification and inspection of documents; request for sanctions [CCP §2030.010, 2023.010 (2) To grant defendants' motion to compel responses to set one of form interrogatories and set one of special interrogatories; request for sanctions [CCP §2030.010; 2023.010] Plaintiff shall provide full and complete verified responses to these interrogatories and inspection demands without objection within twenty days from the noti...

Excerpt: ...rom September 2015 through April of 2016. Plaintiff's complaint pleads causes of action for (1) breach of contract; (2) damages for failure to pay wages; (3) damages for inaccurate wage statement; (4) damages for failure to reimburse; (5) damages for failure to pay wages upon termination; and (6) liquidated damages under Labor Code §1194.2. On December 5, 2018, the parties participated in a mediation before the Honorable Howard Broadman. This me...

Excerpt: ...f's car. Plaintiff directed a process server to personally serve defendant Campos at 827 N. Highland Avenue, Visalia, California. The process served attempted personal service on Mr. Campos at this address on November 2 and 3, 2018. After two failed attempts to personally serve the defendant at this address, the process server gave the summons and complaint to one Kim Weiss on November 5, 2018. Ms. Weiss resided at this 827 N. Highland Avenue, Vi...

Excerpt: ...smissed the plaintiff's case without prejudice based on the plaintiff's failure to enter the default of the defendant. 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 sworn affidavit attesting to his or her mistake, inadvertence, s...

Excerpt: ...d (2) to grant Defendants Chicago Title Company and Bertha Juarez's Motion to Strike Plaintiff's Complaint as to Punitive Damages Allegations with leave to amend. Proof of service in the file indicates notice of the demurrer and motion to strike was adequate. No opposition to the demurrer or motion to strike has been filed. Plaintiff Jonathan Ledesma's complaint against defendant escrow holder Chicago Title Company and defendant escrow agent Bert...