Excerpt: ...salia, California 93292. The lease called for monthly payments of $1,200.00. Defendant has not paid this rent since May of 2019. The total arrears to date are $12,400.00. On or about September 24, 2019, plaintiff served by mail and posting a three-day notice to pay rent or quit under CCP §1161 et seq. When defendant did not respond to this three-day notice. plaintiff then filed this present action and served the summons and complaint on defendan...

Excerpt: ... Gregory, Donald D. Gregory, Paul C. Richter, III, and Clara O. Richter's (collectively defendants) property (0.45 acres) for a highway improvement project on State Route 137 at State Route 99 in the City of Tulare. The property is leased and improved with a single building that houses a warehouse and offices. In opposition, defendants assert the taking will create a hardship by potentially causing their lessee to terminate the lease as a result ...

Excerpt: ...d collectively as “DSCC”) Request for Judicial Notice is denied in part as to “Exhibit A” and granted as to “Exhibit B” under Evidence Code §452(d). Defendants' Request for Judicial Notice as to “Exhibit A” is granted only as to the date of filing of the documents on file with the Court for this action and as to minute orders and other orders for this case that appear in the Court's file. Except for orders from the Court that app...

Excerpt: ...ses (one which was filed in this county and the other case that has been transferred to this court by order of Superior Court of Los Angeles County). Both cases arise out of the same January 9, 2017 automobile accident on Conyer St. in Visalia, and the named defendants in both these cases are the same. CCP §1048(a) states that “When actions involving a common question of law or fact are pending before the court, it may order a joint hearing of...

Excerpt: ... of a landlord-tenant dispute as to whether leaseholder Pedro Castellano or landlord Jason C. Davis, Sr. is responsible for the cost of repair to return this apartment to the condition that it was in when Mr. Castellano signed this lease. The purpose of this lease was to house players from the COS football team. Mr. Castellano paid to Mr. Davis $1,675.00 as a security deposit. Before these football players moved into Mr. Davis's apartment, Messrs...

Excerpt: ...Service Corporation's demurrer to plaintiff's first amended complaint without leave to amend is procedurally and substantively without merit on multiple fronts. California Rule of Court 3.1113(a) provides 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 an...

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: ...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: ... 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: ...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: ... 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: ...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: ...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: ...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: ... 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: ...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: ...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: ... 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: ...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: ...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., ...

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 ...