Excerpt: ...nt for Failure to Bring Action to Trial within 5 Years; and (2) To Deny the Motion by Cross- Defendants to Lift Discovery Stay as to Centex Homes' Cross-Complaint re: Crawford Damages These motions are brought by eight Cross-Defendants: Fenceworks, Inc.; McClure Door, Inc., Award Construction and Roofing, Inc.; Spence Fence Company; Ruben I. Tkacz; McClard Masonry Construction, Inc.; M&B Carpentry, Inc., and Lexington Insurance Company, obo Advan...

Excerpt: ...nt shall file his answer to the First Amended Complaint within ten (10) days of this order. Plaintiffs' action seeks damages for wrongful death/medical malpractice for treatment provided to Plaintiffs' decedent Dionicio Santillan. Plaintiffs also seek damages for emotional distress. Defendant demurs to Plaintiffs' First Amended Complaint asserting 1) Plaintiffs have improperly combined two separate claims – survivorship claims and wrongful deat...

Excerpt: ...t. Plaintiffs allege Defendant negligently flooded a roadway causing the subject accident resulting in the death of Margarito Hernandez Ortega. Plaintiffs Jose Luis Herndandez Rios and Maria Ines Ortega Aragon assert they are the dependent parents of the decedent. Plaintiff Maria Griselda Delgado Antuna asserts she is the putative spouse of the decedent and that the minor Plaintiffs, Adilene Hernandez Delgado and Alexander Hernandez Delgado are d...

Excerpt: ...Protective Order continued until the hearing on the application. Plaintiff contends he contracted with Defendants to handle his payroll services. Services to be provided by Defendants included taking funds from Plaintiff's account and depositing the funds with the IRS in satisfaction of Plaintiff's payroll tax obligations. Plaintiff alleges Defendants took funds from Plaintiff's account and failed to deposit the funds with the IRS leaving Plainti...

Excerpt: ...)). It may be an abuse of discretion to grant relief under Code of Civil Procedure Section 473 where there is unexplained delay of over three months before moving for relief. Huh v. Wang (2008) 158 Cal.App.4th 1406, 1421 n.4. Here, default was entered in this case on December 5, 2018, and the present motion was not filed until September 17, 2019. The six month requirement was not met. As such, the motion is untimely. Additionally, on the merits, ...

Excerpt: ...ct action where the plaintiffs have agreed to accept the sum of $500.00 from cross-defendant M & B Carpentry, Inc., in exchange for a release of all claims arising out of M & B Carpentry, Inc.'s work on a single home, located at 3732 Salle Street, Visalia. Plaintiffs have also agreed to release Centex Homes from all liability arising out of the work performed by M & B Carpentry, Inc. on the single home referenced in the settlement. CCP § 877.6 a...

Excerpt: ...n abstract of judgment was recorded on March 26, 2012 with the Los Angeles County Recorder's Office (Instrument #20120460349). Plaintiff assigned its judgment to Movant, WV Capital Ventures, LLC on or about August 6, 2019. An amended abstract of judgment was recorded on September 5, 2019 with the Los Angeles County Recorder's Office (Instrument #20190908861). Movant asserts the judgment remains unpaid. The amount claimed due consists of the princ...

Excerpt: ...ages. Defendant's demurrer to Plaintiff's original pleading was sustained with leave to amend on July 30, 2019. Plaintiff filed his First Amended Complaint on August 15, 2019. The FAC contains the same 2-page form Judicial Council Complaint for the same purported causes of action: recording a false document, slander of title, and wrongful foreclosure. Plaintiff has added copies of additional recorded documents and a document captioned “Memorand...

Excerpt: ...ons and complaint on defendant Anthony B. Contreras. The date of this purported service was September 10, 2018 at 8:33 p.m. and the address for this service was at 3905 S. Linda Vista St. Visalia, California 93277. Mr. Contreras does not dispute that he resided at this Linda Vista address on September 10, 2018 when the process server attempted personal service of the summons and complaint on Mr. Contreras. Plaintiff's Request to Enter Default was...

Excerpt: ...en January 15 and January 22, 2019, Ms. Rodriguez retained her present counsel. Ms. Rodriguez did not timely file a claim for damages against the Kaweah Delta Health Care District within the six-month period from the date of incident as required under the Government Claims Act (Government Code §912.4 and §945.4.) because her counsel was unaware that KDHCD was a public entity subject to a pre-litigation submission of a claim to KDHCD. On June 5,...

Excerpt: ...ion Settlement; and (3) Setting Hearing for Final Approval without prejudice. 1. Sufficiency of Amount of Settlement ($300,000.00) 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. (2008) 168 Cal. App. 4th 116, 129. Plaintiff needs to provide specific factual information concerning the discussions between plaintiff and counsel, time records that w...

Excerpt: ... Torrez under a durable power of attorney (executed more than 2 years prior to the settlement). Plaintiff John Torrez III died on July 15, 2019 before the settlement was completed. Plaintiff Bernadette Torrez filed the current motion to enforce the terms of the settlement. Defendant Parmod Kumar, M.D. opposes the motion. Defendant asserts the settlement cannot be enforced because it was not signed by Plaintiff John Torrez III. (Levy v. Superior C...

Excerpt: ...ff Tracy Lee Fannin (“Ms. Fannin”) Complaint Harassment Relief from Damages for Slander/Libel; (2) To deny Ms. Fannin's Motion to Oppose 1992-1995 False Court Report Claims and Court Reports and False Police Reports with Name or Similar Names; (3) To deny Ms. Fannin's Motion to Consolidate and Vacate/Reopen/Correct False Claim Documents, and to Seal File This motion arises out of mutual restraining orders that this court granted in 1995 in fa...

Excerpt: ...nt as per California Rule of Court 3.1113(l) Also, a Request for Judicial Notice can be granted only as to the extent of 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 appear in the Court's file for this case, the Court denies plaintiff's request for judicial notice as to the contents of other d...

Excerpt: ...rincipal sum of $25,600.98 Plaintiff's complaint pleads causes of action for the common counts of account stated and open book account. Defendant Meyerstein's answer to Bank of America's complaint does not contest any of the allegations raised in the plaintiff's complaint, nor raise any affirmative defenses to the causes of action set forth in Bank of America's complaint. The extent of Mr. Meyerstein's answer to the plaintiff's complaint is limit...

Excerpt: ...d to be filed in Fresno County, but due to an inadvertent error in the office of plaintiff's counsel, the summons and complaint for this case were mailed to this court. The correct venue for a breach of contract action is in the county where the defendant resides or where the contract was entered into or to be performed. See CCP §395(a). Where the county where the action was originally commenced is not the proper court for the case, the court sh...

Excerpt: ... plaintiff and defendants are directed to coordinate with plaintiff Lopez a mutually convenient date and location for him to deposed (either personally or via video) that is no later than within ten days from the date of this ruling for this motion. Plaintiff Ludvin Gonzalez Lopez shall also pay mandatory monetary sanctions to defendants' counsel in the amount of $1,060.00 as required under CCP §2023.010, §2023.030(a) and §2025.450(g)(1) withi...

Excerpt: ...d to sign the form of judgment lodged by Plaintiff. Proof of service in the file indicates notice of the motion was adequate. No response to the motion has been filed. This is an action to collect amounts claimed due from Defendant on a credit account. Defendant filed an answer on December 20, 2018. By its motion, Plaintiff contends the answer is insufficient to controvert the claims in the complaint and insufficient to state any defense. Defenda...

Excerpt: ...rmation has been submitted as to various provisions of the settlement agreement for the court to make the merits evaluation required by Kullar v. Foot Locker Retail, Inc. (2008) 168 Cal.App.4th 116, 129. 1. Sufficiency of Amount of Settlement ($4,000,000.00) The gross settlement amount is $4,000,000.00 which was agreed to by the parties at mediation. Plaintiff estimates the total number of class members is 4,500. Plaintiff's investigation of Defe...

Excerpt: ...rogatories, set two, and request for production of documents set two. Plaintiffs Humberto Sanchez, Emily Sanchez, Nery Carina Pena, and Maria Lopez shall each provide full and complete verified responses to these interrogatories and inspection demand without objection within thirty days from the service of the notice of this ruling. Plaintiffs shall also pay monetary sanctions in the amount of $750.00 to defendant's counsel within thirty days aft...

Excerpt: ...rchase of a new 2012 Dodge Ram vehicle in April 2013. On demurrer, defendant FCA US LLC (FCA) contends the second cause of action for breach of implied warranty is time-barred and the fourth cause of action for fraudulent inducement- concealment is precluded by the economic loss rule. The court agrees. As to breach of implied warranty, a claim accrues when the breach occurs regardless of a party's knowledge. (Com. Code § 2725(b).) The statute of...

Excerpt: ...e with reference to the public policies underlying PAGA. (O'Connor v. Uber Technols., Inc. (2016) 201 F.Supp.3d 1110, 1113.) Plaintiff claims the gross settlement amount of $270,000.00 is fair and reasonable for the 1,140 employees who worked during the PAGA period (June 18, 2017 to date of approval of settlement). But, there is no estimate of the total value of their asserted wage and hour claims and the basis for the estimate. Plaintiff needs t...

Excerpt: ...uest for judicial notice is granted. Plaintiffs Albert V. Tayo and Mavelin E. Tayo's (collectively plaintiffs) complaint for violations of the California Homeowners' Bill of Rights seeks to prevent Bank from pursuing non-judicial foreclosure of a lien against their property. Bank's motion for judgment on the pleadings asserts all of plaintiffs' claims fail as pled. As noted by Bank, a motion for judgment on the pleadings is properly granted if th...

Excerpt: ...ber 6 and overruled in all other respects. Defendant's objections to the Declaration of Robert B. Moeller are overruled. Defendant's objections to the Declaration of Chuck Stokke are overruled. Defendant's suggestion that Plaintiff is now asserting two new unpled claims for failure to warn and for failure to provide testing is not persuasive. The assertions by Plaintiff are sufficiently related to Plaintiffs claims including claims of misrepresen...

Excerpt: ...ssue 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 bears an initial burden of production to make a prima facie showing of the nonexistence of any triable issue of material fact; if he carries his burden of production, he causes a shift, and the opposing party is then subjected to a burden of production of his own t...