Excerpt: ...ird Cause of Action in the First Amended Complaint, with leave to amend. Plaintiff shall file any amended complaint as to the third cause of action within ten (10) days of this order. If no amendment is filed within the time specified, Defendant shall have 15 days thereafter to answer the complaint on the remaining causes of action. In their First Amended Complaint, Plaintiffs have asserted sufficient facts to state a claim for negligent supervis...

Excerpt: ...iling their action. Plaintiffs acknowledge their First Amended Complaint does not and cannot yet assert compliance with the tort claim requirements. In their opposition, Plaintiffs state they are in the process of complying with the statute. Leave to amend is to be liberally allowed. As Plaintiffs may be able to state new facts sufficient to cure the pleading deficiencies, leave to further amend is granted. If no one requests oral argument, under...

Excerpt: ... County employee operating an automobile owned by Tulare County. As such, Ms. Gomez's government claim for damages had to be filed with Tulare County no later than six months forward, or August 7, 2018. But neither Ms. Gomez or the attorneys she retained (the Maison Law Group) timely submitted a government tort claim to Tulare County. The insurance carrier for Ms. Gomez (Infinity Insurance) filed a claim with Tulare County for property damage on ...

Excerpt: ...ed responses without objection to plaintiff's first inspection demand within twenty days from the notice of this ruling; (2) Plaintiff's motion for requests for admissions be deemed admitted is granted. The facts and allegations identified in plaintiff's request for admissions 1-28, Set One to defendants Mary D. Jones and Brenda Holley shall be deemed admitted. (3) Plaintiff's motion to compel responses from defendants Mary D. Jones and Brenda Ho...

Excerpt: ...e service of the moving papers for this motion on the plaintiff. The Court has not received any response to this motion. The supporting declaration of attorney Arelia O. Keller indicates that the plaintiff Timothy Eggleston has refused to cooperate with his counsel in the prosecution of his case, and has failed to respond from repeated inquiries Ms. Keller's office to contact them to assist them in the management of their case. But Ms. Keller's d...

Excerpt: ...plaint Tentative Rulings: (1) To Overrule the Demurrer by Defendants Dynamic Insurance Solutions, Inc., Dynamic Integrated Systems Solutions, Inc., and Troy Sibel to Plaintiff's Second Amended Complaint as to all causes of action and (2) To Deny the Motion by Defendants Dynamic Insurance Solutions, Inc., Dynamic Integrated Systems Solutions, Inc. and Troy Sibel to Strike Portions of Plaintiff's Second Amended Complaint. Defendants shall file thei...

Excerpt: ...tial lease. Fortune filed its complaint in this action on February 27, 2018 after serving Mr. Garcia with a 60-day notice to quit on December 11, 2018. Plaintiff's complaint does not identify any past rent due from Mr. Sabian. Plaintiff only seeks monetary damages in the amount of $36.66 per day for the fair rental value of the property. Mr. Sabian's demurrer is based on his contention that plaintiff inaccurately served him with the notice to qui...

Excerpt: ... paid Defendant $3,400,000.00 prior to any crop sales. Plaintiff asserts sales were less than the amount paid to Defendant and asserts Defendant is required to repay Plaintiff the sum of $499,631.37. Plaintiff's complaint is for breach of contract and related common counts. Defendant demurs asserting any written agreement contains no obligation for Defendant to pay any amount to Plaintiff and asserts to the extent there is any separate oral agree...

Excerpt: ...tion that the vehicle was towed at the request of the Visalia Police Department and that the tow was improper. The court notes that a summons was recently issued in this action on January 31, 2019 and no party defendants have appeared. It does not appear that R&R Towing is a party to this action. Plaintiff's application is procedurally deficient. Plaintiff has failed to adequately describe the vehicle in which he claims an interest. No license nu...

Excerpt: ... attorney fees. Plaintiff Eden Produce Co., Inc. shall pay the sum of $24,339.32 in attorney fees and costs within 30 days from notice of this ruling. Both motions were properly and timely noticed. There has been no response to either motion. Motion to be Relieved as Counsel ‐Civil The Court finds that moving party attorney Leonard C. Herr and Herr, Pedersen, & Berglund LLP have complied with the provisions of California Rule of Court 3.1362 an...

Excerpt: ...alleged wage and hour violations. The parties participated in mediation and reached an agreement to settle plaintiff's class claims. The class consists of 575 current and former employees of Defendants. The gross settlement amount is $750,000.00. If all of plaintiff's requested deductions are approved, the net settlement for distribution to class members would be $450,000.00 Plaintiff has not submitted sufficient information for this court to mak...

Excerpt: ...this hearing and file a proof of service with the court. 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 that is at issue in this motion. 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...

Excerpt: ...ute orders and other orders for this case that appear in the Court's file. Except for orders from the Court that appear in the Court's file for this case, the Court denies Defendant's request for judicial notice as to the contents of other documents in the Court's file for this action as inadmissible hearsay. See Day v. Sharp (1975) 50 Cal.App.3d 904, 914; Fremont Indemnity Co. v. Fremont General Corp. (2007) 148 Cal.App.4th 97, 113. OPERATIVE FA...

Excerpt: ...ns of the Third Amended Complaint (Erroneously Entitled “Second” Amended Complaint); (5) Defendant Jose Romo's Demurrer to the Revised Third Amended Complaint; and (6) Defendant Jose Romo's Motion to Strike Portions of the Revised Third Amended Complaint Tentative Rulings: (1) To sustain Defendants Allstate Insurance Company and Joe Mabee's Demurrer to Third Amended Complaint without leave to amend; (2) to grant Defendants Allstate Insurance ...

Excerpt: ...zalez 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 scope of employment with defendant Ramco Enterprises, LP. Defendant Carrillo states in his declaration that the plaintiff's summons and complaint for this action was first accidently served on his father Jose Maria Carrillo and subseque...

Excerpt: ...resolution of the litigation in the Kern County Superior Court action Dave Meza v. Pacific Bell Telephone Co., Case Number BCV-15101572. Defendant shall file its answer to the Corrected First Amended Complaint within ten (10) days of this order. Defendant asserts Plaintiff's action is barred due to a prior certified class action pending in Kern County Superior Court against Defendant in which Plaintiff is a class member and which asserts the same...

Excerpt: ...3d 103, 114. An exception, however, is that the general rule is limited to those material facts properly pleaded, and does not apply to conclusions of fact or law. Moore v. Regents of University of California (1990) 51 Cal.3d 120, 125. For example, a bare allegation that an act is illegal, unlawful, unauthorized, wrongful, or fraudulent is a conclusion of law that need not be accepted as true. 4 Witkin, Cal. Procedure (4 th Ed. 1997) Pleading sec...

Excerpt: ...though Plaintiff asserts a number of the submitted facts are disputed, Plaintiff submits no evidence or case authority to support her assertions. As a result, the majority of Defendant's submitted facts are undisputed. 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 b...

Excerpt: ...ay his overdue property taxes by giving various documents to the Tulare County Tax Assessor. Plaintiff identifies these documents in his complaint as “the discharging instrument packet.” But plaintiff's amended complaint does not state that the documents in this packet included cash on any of the other statutorily acceptable procedures required to pay his property taxes. Mr. Ramsey also asserts in his complaint that the defendants were requir...

Excerpt: ... the Court cannot take judicial notice as to the contents of documents in the Court's file for this action as the contents of these documents constitute inadmissible hearsay. See Day v. Sharp (1975) 50 Cal.App.3d 904, 914; Fremont Indemnity Co. v. Fremont General Corp. (2007) 148 Cal.App.4th 97, 113. The court has considered the response in this matter despite moving party's contention it was untimely. Defendant had adequate time to review the re...

Excerpt: ...or Summary Adjudication, in part Defendants Domingo Sustaita, Villa Park Trucking, Inc., and Young's Commercial Transfer, Inc. (collectively defendants) seek summary judgment of decedent Bonifaco Magana's heirs' (collectively plaintiffs) complaint on grounds that Sustaita allegedly did not breach a duty of care to decedent or plaintiffs. Alternatively, defendants request summary adjudication of plaintiffs' claims for negligent entrustment, hiring...

Excerpt: ...Institute, Inc. for Summary Judgment as to all causes of action asserted against moving Defendants; and (2) To Grant the Motion by Defendant Sequoia Surgery Center, LLC for Summary Judgment as to all causes of action asserted against moving Defendant. The Request for Judicial Notice by the Frank Feng, D.O. Defendants is granted. Plaintiffs' objections to the declaration of Timothy Watson, M.D. are overruled. Plaintiffs' objections to the declarat...

Excerpt: ... Alternative, Limiting the Depositions of Current and Former Out-of- State Employees. The parties are directed to meaningfully meet and confer in good faith to resolve this discovery dispute. If unable to resolve, the parties are directed to personally appear at the hearing for this discovery motion. No Court Call will be permitted for the hearing on his motion except to advise the court that this discovery dispute has been resolved. PLAINTIFF'S ...

Excerpt: ...ed. Defendants seek to amend their answer to add an affirmative defense of offset for amounts they claim are due and owing for legal services provided to plaintiffs Michael P. Owens and Melanie D. Owens (collectively plaintiffs.) Plaintiffs claim the amendment should be denied as untimely and prejudicial. Courts are bound to apply a policy of great liberality in permitting amendments to pleadings “at any time stage of the proceedings up to and ...

Excerpt: ...surance Company, and Applied Risk Services, Inc.'s Demurrer to Plaintiff's Complaint with leave to amend as to the first cause of action for fraudulent inducement and without leave to amend as to the second cause of action for tortious breach of the implied covenant of good faith and fair dealing. Plaintiff Picar Farm Labor, Inc.'s complaint alleges defendants Applied Underwriters, Inc., Applied Underwriters Captive Risk Assurance Company, Inc., ...