Excerpt: ...JT2, Inc. to Transfer Venue. To Grant the motion by Fidelity and Deposit Company of Maryland to Transfer Venue and to order this action transferred to the Kings County Superior Court. Plaintiff shall be responsible for all costs and fees associated with the transfer. Transfer fees are payable within thirty (30) days of this order. (3) There is no ruling on the Motion by Defendant Park Associates, Inc. to sever All Claims Concerning the Earlimart ...

Excerpt: ...ildren of decedent Brittany Ibarra. Defendant Luis Gustavo Osejo was the driver of the other vehicle involved in the accident. Based on Mr. Osejo's fleeing from the scene of this motor vehicle accident, a criminal complaint was filed against him that charged him with felony homicide. Mr. Ojedo now seeks a stay of this civil action pending the resolution of this criminal case so as to preserve his Fifth Amendment right against self-incrimination. ...

Excerpt: ... judicial notice but denied as to Exhibit A. Except for orders from the Court that appear in the Court's file for this case, the Court denies request for judicial notice as to the contents of plaintiff's third amended complaint and 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. The court may ...

Excerpt: ...s Motion to Continue Trial Date and Related Dates. Tentative Ruling: (1) and (2) to Grant Defendant's Motions to Compel, in part, and to order witness Central Valley Regional Center to produce to Defendant all documents in its possession responsive to Defendant's Deposition Subpoena for Production of Business Records issued April 17, 2019 and to order witness Tulare County Health and Human Resources to produce to Defendant all documents in its po...

Excerpt: ...itch to the City of Visalia. Defendant Tulare Irrigation District (TID) is a shareholder. On December 27, 2016, Lake Kaweah underwent a flood release. As the result of this flood release, water released in the lake began to encroach on EDC's storage space. By December 31, 2016, EDC's water at Lake Kaweah was released in river channels or was diverted on the river system, causing EDC to lose water. On December 31, 2016, Marc Crenshaw, Watermaster ...

Excerpt: ...sion, Inc.'s motion to strike without leave to amend. Plaintiff's Request for Judicial Notice as to Exhibits “A” and “B” is granted only as to the date of filing of those documents on file with the Court for Case # VCU 271734 and as to minute orders and other orders for that case that appear in the Court's file for that case. Except for orders from the Court that appear in the Court's file for case # VCU 271734, the Court denies plaintiff...

Excerpt: ... sustained with leave to amend. On August 21, 2019 Plaintiffs filed a Second Amended Complaint. Defendant's current demurrer followed. Plaintiffs have attempted to address pleading deficiencies by naming two Plaintiffs (instead of one) and by an apparent attempt to focus their claims arising from acts which occurred in 2015. It remains unclear what relief or damages Plaintiffs are claiming. On the face of the pleading, Plaintiffs' claims remain t...

Excerpt: ..., 2017; and to Order Petitioner recover from Respondent Robert Hart reasonable attorneys' fees and costs in the total sum of $3,500.00. The Petition is sufficient to establish Petitioner is the owner of real property commonly known as 800 W. Acequia, Visalia, California 93291. In conjunction with his complaint filed against Petitioner, Respondent Robert Hart caused a Mechanics' Lien Claim to be recorded with the office of the Tulare County Record...

Excerpt: ...' Amended Complaint as to all causes of action, with leave to amend; and (2) To Grant the Motion by Defendant Tri-County Medical Transport, Inc. to Strike Allegations of Plaintiff's Amended Complaint and to strike paragraphs 14 and 16 of the Amended Complaint and to strike paragraphs 2, 3, and 4 of Plaintiffs' prayer for relief, with leave to amend. Plaintiffs shall file any amended pleading within ten (10) days of this order. Defendant's objecti...

Excerpt: ... 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 any available legal theory.' [Citation.]" (Richelle L. v. Roman Catholic Ar...

Excerpt: ...utes and legal conclusions with no factual allegations to support a demurrer in this action. Plaintiff's First Amended Complaint is sufficient to state an unlawful detainer claim against Defendant. If no one requests oral argument, under Code of Civil Procedure section 1019.5(a) and California Rules of Court, rule 3.1312(a), no further written order is necessary. The minute order adopting this tentative ruling will become the order of the court a...

Excerpt: ...rvenor Nolberto Apodaca brings this motion under Code of Civil Procedure section 387(d)(1)(A) and, alternatively under section 387(a) as an employee having the unconditional right to intervene in his employer's workers' compensation insurer's subrogation action under Labor Code section 3853. Apodaca has sufficiently shown he is entitled to intervene under the circumstances of this case and that his application is timely filed. Accordingly, the ap...

Excerpt: ... Civil Procedure section 1255.410, plaintiff has sufficiently shown it is entitled to take the subject property by eminent domain and has deposited the statutorily determined amount of compensation. Plaintiff has also shown an urgent need for the property within the meaning of section 1255.410(c) and that it is entitled to an order for possession based on lack of timely opposition to the motion under section 1255.410(d). Accordingly, for good cau...

Excerpt: ... the motion has been filed with the court. Here, cross-defendant David E. Godfrey dba HCD Construction (HCD) seeks orders (1) determining the settlement it reached with defendant McMillin Homes Construction, Inc., et al. (McMillin) for payment of $3000.00 by HCD's insurance carriers to McMillin in exchange for dismissal of this case was entered into in good faith; and (2) prohibiting other joint tortfeasors from pursing any claim for indemnity ag...

Excerpt: ...clusive jurisdiction over this matter. Plaintiffs assert their claims for breach of express contract are not, as a matter of law, unfair labor practices under Government Code sections 3500 et seq. and subject to PERB jurisdiction. The court agrees. PERB has exclusive jurisdiction over disputes which “arguably” constitute unfair labor practice claims. (Personnel Com. V. Barstow Unified School Dist. (1996) 43 Cal.App.4th 871, 885-886.) However,...

Excerpt: ...iff Reyna Wilkinson's requests for judicial notice are granted. Plaintiff's first amended complaint for malpractice against her former lawyer and law firm alleges defendants improperly failed to file a lawsuit against Thomas C. Brodersen, the attorney for the personal representative of plaintiff's mother's estate; left her case in an “impaired condition” causing her to settle for an inadequate amount when represented by successor counsel; and...

Excerpt: ...onse to this motion. This action arises out of a complaint filed by Capital One Bank against Glen C. Cogburn with a cause of action for account stated. Capital One subsequently entered a default against Mr., Cogburn on October 22, 2010 and default judgment entered on November 29, 2010. Capital One subsequently learned and confirmed that Mr. Cogburn was the victim of fraud as to this account and now seeks to set aside the previously entered defaul...

Excerpt: ...August 17, 2018. The hearing on this motion is continued to August 23, 2018 at 8:30 a.m. in Department 2. If the court signs the order preliminarily approving the class settlement, the matter will go off calendar Plaintiffs' supplemental motion and supporting declarations provide sufficient additional information to support the release language used in the settlement, to support the reasonableness of Plaintiffs' preliminary attorneys' fees and co...

Excerpt: ... plaintiff's damages is offered to the jury. OPERATIVE FACTS Plaintiff Jarnail Singh was involved in a motor vehicle accident when the trailer portion of a truck driven by defendant Hernandez and owned by defendant Kaweah Container (KCI) crossed into Singh's lane that resulted in a collision between the two vehicles. Singh suffered severe injuries in the accident, and subsequently filed an action for personal injuries and property damage. At the ...

Excerpt: ...opez alleges causes of action for breach of contract, fraud, and negligence against defendant Richgrove Community Services District (RCSD), a public entity. RCSD is a public entity under Government Code §911.2 that states that “Public Entity includes the state, the Regents of the University of California, the Trustees of the California State University and the California State University , a county, city, district, public authority, public age...

Excerpt: ...ions Tentative Ruling: To grant defendant Ford Motor Company's Motion to Compel Responses from Plaintiffs to Defendant's First Sets of Form and Special Interrogatories and First Request for Production of Documents. Plaintiffs shall each provide full and complete verified responses to these discovery requests within thirty days from the notice of this ruling. Plaintiffs, jointly and severally, shall also pay monetary sanctions in the total amount ...

Excerpt: ...116, 129. Defendant has filed notice that there is a related action pending in the Santa Clara County Superior Court (Case No. 18CV330245). It is possible that the related case involves the same or overlapping class members with the subject litigation. Plaintiff should provide additional information about the relationship of the two cases and whether class members here may forego rights in the related case upon approval of the subject settlement ...

Excerpt: ...eement” that was intended to resolve Capital One's action against Ms. Jones. Under this agreement, the parties stipulated that a judgment could be entered against Ms. Jones, but would not be entered so long as Ms. Jones made monthly payments on an agreed settlement amount. Ms. Jones subsequently defaulted on November 30, 2017. Capital One now moves the court for entry of judgment, less credit for payments received, plus court costs incurred in ...

Excerpt: ...rts Defendant's contention that Plaintiff's counsel failed to prosecute the action in a diligent manner, failed to propound any discovery, failed to respond to Defendant's Demand for Disclosure of Experts (served May 8, 2018), failed to cooperate with Defendant to schedule mediation, and failed to appear at a number of court hearings. Plaintiff's current counsel substituted in on July 20, 2018. The substitution was signed by Plaintiff's former co...

Excerpt: ...nry and Scribner. Defendant demurs to the SAC asserting all claims of McHenry and Scribner are statutorily time barred. Plaintiffs oppose the demurrer. A Notice of Completion for the McHenry home was recorded on June 10, 2005. A Notice of Completion for the Scribner home was recorded on May 27, 2005. Plaintiffs' action was initially filed on February 5, 2014 (and did not include McHenry or Scribner as Plaintiffs). Plaintiffs and Defendant entered...