Excerpt: ...is is an action for breach of contract and account stated that arises out of a contract between defendant and plaintiff's assignor Performance Dairy Service. The court's file indicates that plaintiff served defendant Kampen on July 5, 2019, at 6:08 p.m. at his Visalia residence address. However, defendant indicates in his declaration in support of this motion that because on July 5, 2019 he was at the bedside of a dying friend between 2:00 p.m. a...

Excerpt: ...tive Motion for Summary Adjudication as to all issues submitted; and (2) To Grant Plaintiffs' Motion to Compel Deposition Attendance and Production of Documents of Defendant's Most Knowledgeable and Custodian of Records, to Order Defendant to produce its person most knowledgeable and its custodian of records for deposition at the date, time, and location specified by Plaintiff on not less than five (5) days-notice, and to Order Defendant to pay t...

Excerpt: ...third motion for preliminary approval of class action settlement. Here, plaintiffs submit a supplemental brief and their counsel's declaration in response to the court's ruling of November 18, 2019, denying their second motion without prejudice. 1. Enhancement Award to Class Representative The court has re-reviewed the May 23, 2019 declarations of representative plaintiffs and now agrees with plaintiffs as to the amount of hours the representativ...

Excerpt: ...ton and Sam Bruce are overruled. This action is brought by Plaintiffs as representing current and former employees of Defendant working as “setters” or “finishers.” Defendant asserts that 97 of the potential class members have signed claim releases and are no longer part of this action. Defendant asserts a large number of the remaining potential class members did not work prevailing wage jobs or travel to jobsites and thus do not have ove...

Excerpt: ...ake 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. Thus, the court cannot take judicial notice of the contents of the plaintiff's complaint. Summary judgment is granted when no triable issue exists as to any material f...

Excerpt: ...s raised in this ruling. Plaintiff should not submit the entire motion and supporting documents a second time. 1. Sufficiency of Settlement Amount ($240,000.00) Sufficient information has been submitted for the to determine the settlement is fundamentally fair, reasonable, and adequate with reference to the public policies underlying PAGA. (O'Connor v. Uber Technols., Inc. (2016) 201 F.Supp.3d 1110, 1113.) Plaintiff asserted wage statement violat...

Excerpt: ...efendants. Plaintiff's pleading remains inadequate and is insufficient to state any claim. Plaintiff's current pleading fails to provide clarification and factual support for any claims he might have, deficiencies which have been pointed out to Plaintiff by the court in its prior rulings sustaining demurrers (rulings of April 30, 2019 and July 16, 2019). Plaintiff's pleading continues to consist of rambling legal conclusions with no or only parti...

Excerpt: ...for common counts is defective because plaintiff failed to allege whether the underlying contract is written, oral, or implied as required by Civil Procedure section 430.10(g). However, the essential elements of a common count are (1) statement of indebtedness in a certain sum; (2) consideration for the indebtedness; and (3) nonpayment. When these elements are plead in the complaint, the complaint cannot be challenged by general or special demurr...

Excerpt: ...e in the file indicates notice of the motion was adequate. No response to the motion has been filed within the time specified under CCP 437c(b)(2). In this action Plaintiff seeks to recover amounts claimed due on a credit card account. Defendants answered the Complaint by general denial with affirmative defenses. The evidence submitted by Plaintiff in support of its summary judgment motion is sufficient to establish that Defendants opened a credi...

Excerpt: ...f's third, fifth, and sixth causes of action are overruled. Defendants Planas and Saludes shall have twenty days' leave to answer the plaintiff's complaint. Defendant Kevin Planas' Request for Judicial Notice is granted under Evidence Code §452(h) OPERATIVE FACTS On April 2, 2015, plaintiff Connee L. Bantang (“Ms. Bantang), age 75, signed a quit claim deed that conveyed to defendant Kevin Planas (“Mr. Planas”) a one-half interest in real p...

Excerpt: ...nsfer of this action within 30 days from the notice of this ruling. Defendant Baker & Hostetler LLP's Request for Judicial Notice is granted as to Exhibits “A” and “B” of this defendant's request for judicial notice under Evidence Code §452(c) and §452(d). Plaintiff Tulare Local Health Care District is a public agency located in Tulare County. Defendants Parmod Kumar, MD, Linda Wilbourn, and Richard Torrez are residents of Tulare County...

Excerpt: ...es and entitled to recover attorneys' fees pursuant to Civil Code 1794(d). Plaintiffs seek a total of $49,895.05 in fees. Defendant opposes the motion asserting the fees requested are unreasonable and excessive under the circumstances of this action. Prior to litigation, Plaintiffs made a repurchase demand. Defendant responded with a demand to inspect the vehicle. It does not appear that either party engaged in many other reasonable efforts to re...

Excerpt: ...r these cases shall be filed in case VCU 277037 as the lead case for this consolidated action. These cases shall also be set for a Status Conference on a date to be set by the Clerk of the Court. Proper notice of this motion was given to all parties. There has been no response to this motion. OPERATIVE FACTS These two actions that the defendants seek to consolidate arise out of the same traffic collision that occurred on March 4, 2017 on Road 60 ...

Excerpt: ...n. Plaintiff Definitive Staffing Solutions, Inc. seeks leave to file a Third Amended Complaint (TAC) to name TS Dynamic Corp. as a new defendant to this case based on responses to discovery that plaintiff recently received that indicate that TS Dynamic is a proper defendant to this action. TS Dynamic is another alter-ego entity of defendants Troy Sibel and Christopher Rangel. Information that plaintiff recently obtained indicates that TS Dynamic ...

Excerpt: ...dant Visalia Unified School District (VUSD). On demurrer, VUSD asserts plaintiff's FEHA claims are defective for failure to exhaust administrative remedies, failure to allege adequate adverse employment action, and failure to show harassment. A demurrer can only be used to challenge defects that appear on the face of the complaint or from matters properly judicially noticed. In Saxer v. Philip Morris, Inc. (1975) 54 Cal. App. 3d 7, 18, the court ...

Excerpt: ...ion for preliminary approval of class action settlement. Here, plaintiffs submit their counsel Edwin Aiwazian's declaration in response to the court's ruling of June 17, 2019, denying their first motion without prejudice. 1. Sufficiency of Amount of Settlement ($1,300,000.00) Plaintiffs have now provided estimates of the total value of each of their claims and submitted the damages models used for their causes of action. The damages models appear...

Excerpt: ...rest on the judgment as provided by law, and the attorney fees and costs incurred to enforce this settlement agreement. All parties were given proper notice of this motion. The court has not received any response to this motion. This is an action arising around of a credit card obligation due and owing from defendant Kellie Neufeld to plaintiff American Express Centurion Bank. Plaintiff pleads causes of action for account stated, open book accoun...

Excerpt: ... not submit the entire motion and initial declarations a second time. The class that is the subject of this case is as follows: “All persons employed by either of the Defendants, Sun Villaidence Opco, LLC or Lindsay Gardensidence Opco, LLC, in California in a non-exempt, hourly-paid employment position at any time during the time period from March 1, 2014 through the date of preliminary approval.” Insufficient information has been submitted a...

Excerpt: ...eposit to be in full satisfaction of the obligations of California Republic Bank's under the court's order. The funds will remain on deposit subject to further order of the court and pending a determination of the appeal before the Fifth District Court of Appeals (Case No. F078689). No party is entitled to recover costs or attorneys' fees on this motion. The parties entered into a settlement agreement on the record in this court. Plaintiff subseq...

Excerpt: ...ement agreement that provided that judgment in the sum of $27,844.44 would not be entered against defendant Seth Schulz so long as he paid to plaintiff Ford Motor Credit Company the minimum monthly sum of $300.00 from September 20, 2017 through August 20, 2019, followed by the minimum monthly sum of $400.00 from September 20, 2019 forward until the balance due of $27,844.44, plus interest at 5.9% was paid in full. This settlement agreement also p...

Excerpt: ...ot.” (italics added) Costs recoverable under §1032 are restricted to those that are both reasonable in amount and reasonably necessary to the conduct of the litigation [(CCP1033.5(c)(2) and (c)(3)] Costs “merely convenient to its preparation” are disallowed. See CCP §1033.5(c)(2); Ladas v. California State Auto. Association (1993)19 Cal.App.4th 761,774 This is an action for injunctive relief where defendant Christopher Renfro was the prev...

Excerpt: ... barred for failure to comply with tort claim presentation requirements and are time barred. Plaintiff's preliminary factual allegations are unchanged. Plaintiff asserts she was subject to sexual abuse while in high school and thereafter, from 1999 through 2003. Plaintiff asserts the last abuse occurred in 2003. Plaintiff further asserts the perpetrator used threats to intimidate Plaintiff from reporting the abuse. As in the First Amended Complai...

Excerpt: ...e signs on the east side of northbound Highway 65 to advise drivers of a crosswalk in the area where the accident happened. These signs also had attached lights that flashed when someone presses the button to indicate that someone is trying to cross the roadway within the crosswalk. On Highway 65 north of Sequoia Avenue there were signs posted to control southbound traffic at a 35 mph speed limit, a sign to indicate a crosswalk is ahead, and an a...

Excerpt: ...esponse to the motion has been filed. Defendant Kaweah Delta Health Care District's (Kaweah) request for judicial notice is granted. Plaintiff Alma Tapia's complaint for malpractice and wrongful death alleges Kaweah acted negligently by failing to properly diagnose plaintiff's daughter with medical conditions, including an embolism, that caused her death. On summary judgment and adjudication, Kaweah contends plaintiff's complaint is barred becaus...

Excerpt: ...s accident, the parties were required to obtain a court order to approve the settlement that the parties reached to resolve this case. The parties agreed in this settlement agreement that the provisions of this agreement (most specifically the financial details) were intended to be kept confidential to avoid the substantial and severe prejudice would inure to the defendant Student Transportation of America in pending and subsequent actions where ...