Excerpt: ...; (2) special interrogatories, set one; (3) request for production of documents, set one. Plaintiff shall have thirty days from the date of this ruling to provide full and complete verified responses to these three discovery demands without objection. Sanctions shall also be imposed against the plaintiff in the amount of $500.00 under CCP §2023.030(a); §2030.290(c); and §2031.300(c) made payable to defendant's counsel no later than thirty days...

Excerpt: ...t her to Department 7 before the court called her. But as detailed below, the entry of judgment in an action precludes a motion for reconsideration by the party adversely affected by the judgment. Under California law, the trial court loses jurisdiction to rule on a pending motion for reconsideration after entry of judgment. See e.g., APRI Insurance Co. v. Superior Court (Shatterman) (1989) 76 Cal.App.4th 176, 181; Banner v. Regents of University...

Excerpt: ...d that mandarins be raised on a smaller portion of the parcel that was leased to the defendant However, mandarins were never planted on the property because market conditions apparently changed for this crop. The thrust of the plaintiff's complaint is that the defendants never intended to plant mandarins on the plaintiff's parcel and that the defendants misrepresented the profitability of the mandarin market so as to induce the plaintiff to sell ...

Excerpt: ...edings. Defendant's request for attorney's fees and costs incurred in bringing this motion is denied. The court orders a Case Management Conference on Thursday, November 4, 2021 at 8:30 a.m. in Department 7. Parties are directed to report to the court the status of arbitration proceedings. Plaintiffs seek class action recovery of damages for wage and hour violations. Defendant asserts Plaintiffs' claims must be arbitrated pursuant to a written ar...

Excerpt: ... negligence. Plaintiff moves this court to add a new defendant (AJM Delivery Service) and plead two new causes of action against AJM for negligence and premises liability. STANDARD OF REVIEW The court has discretion “in furtherance of justice” to grant leave to amend a party's complaint (CCP §§473(a)(1); 576) Leave to amend should be liberally granted “at any stage of the proceedings, up to and including trial” absent prejudice to the a...

Excerpt: ...; (2) To grant defendant AZ Transportation's motion for order requiring the production of Tulare County Sheriff and Coroner documents. The Tulare County Sheriff and Coroner shall produce the photographs that are the subject of this motion no later than twenty days from the notice date for this ruling.All parties were given proper notice of these two motions. Plaintiff has filed a “Notice of Non-Opposition” to each of these motions. AZ TRANSPO...

Excerpt: ... interrogatories; and (4) request for production of documents, set one. Defendants shall pay sanctions to plaintiff's counsel in the amount of $560.00 no later than 30 days from the notice date for this ruling. CCP §2024.020 advises that (a) Except as otherwise provided in this chapter, any party shall be entitled as a matter of right to complete discovery proceedings on or before the 30th day, and to have motions concerning discovery heard on o...

Excerpt: ...cident which is the subject of this civil action. Defendant remains incarcerated in the Tulare County Jail on the criminal charges. There is a preliminary hearing scheduled in the criminal action on June 18, 2021. Defendant asks that the civil action be stayed and set for further case management conference in December 2021. Plaintiffs oppose the motion. It is alleged that Defendant was operating his vehicle under the influence of alcohol at the t...

Excerpt: ...nterrogatory 12.1 (2) To grant plaintiffs' motion to compel defendant General Motors, LLC's further response to production of documents nos. 1, 3, 9, 15, 16, 31, 33, 37, 37-57, 63 and 64. Defendant shall provide a further complete and verified response to this form interrogatory and this request for production of documents to plaintiffs' counsel within 30 days from the notice date for this ruling. FORM INTERROGATORY 12.1 Interrogatory 12.1 calls ...

Excerpt: ...rs to Plaintiff's claims under his First and Fifth Causes of action asserting sick pay benefits are not wages recoverable under the Labor Code. For purposes of a demurrer all properly plead facts and those reasonably arising by implication must be accepted as true. Couglas v. E. & J. Gallo Winery (1977) 69 Cal.App.3d 103, 114. An exception, however, is that the general rule is limited to those material facts properly pleaded, and does not apply t...

Excerpt: ...fendant's employee. Defendant demurs to Plaintiff's Third Cause of Action for Intentional Infliction of Emotional Distress. Plaintiff opposes the demurrer. For purposes of a demurrer all properly plead facts and those reasonably arising by implication must be accepted as true. Couglas v. E. & J. Gallo Winery (1977) 69 Cal.App.3d 103, 114. An exception, however, is that the general rule is limited to those material facts properly pleaded, and does...

Excerpt: ...kh Shamser Ali and AZ Transportation as defendants. At a Case Management Conference on October 22, 2020, defense counsel learned that defendant Ali had been served by substituted service as a “John Doe” on June 30, 2020, and the individual who received the plaintiff's summons and complaint advised the process server that Mr. Ali was “gone forever.” But Mr. Ali could not have been personally served (or served by substituted service) on Jun...

Excerpt: ...iana Paoli sustained when she was knocked to the ground while attempting to record a foot race conducted on June 20, 2017 during the time of the California League All Star game. The injuries that plaintiff claims to have sustained in this accident include a traumatic brain injury that has caused a decrease in cognitive skills, balance, vestibular system dysfunction, management skills, executive function, depression and anxiety. Subsequent to her ...

Excerpt: ...seling Services This is a guardianship proceeding. Petitioner is the maternal grandmother of Minor Josiah Edward Wilson. The court granted an ex parte order appointing petitioner as guardian on January 29. 20201. The court granted the petition and set the matter for a further hearing pursuant to Probate Code 2250 on March 1, 2021. At that hearing the court the court ordered investigations pursuant to Probate Code 1513(a) and (b), confirmed the te...

Excerpt: ... settlement here involves one of the two Defendants. Peoplease, LLC is the settling Defendant and will obtain a release of claims and be, ultimately dismissed from this action. KLX, Inc. is the non-settling Defendant. This action will remain pending as to the non- settling Defendant. 1. Sufficiency of Amount of Settlement Plaintiff estimates there are 234 employees impacted by the settlement. The gross settlement is $470,000.00. Plaintiff's couns...

Excerpt: ... Motion by Defendant Michael David Wilgus to Strike Conclusory Allegations and Prayer for Punitive Damages from Plaintiff's Second Amended Complaint; and (2) to Deny the Motion by Cross-Defendant Michael David Wilgus to Strike Conclusory Allegations and Prayer for Punitive Damages from the Feinstein First Amended Cross-Complaint. Plaintiff's action seeks recovery of damages for injuries sustained in an automobile accident. In addition to negligen...

Excerpt: ... guardian on January 29. 20201. The court granted the petition and set the matter for a further hearing pursuant to Probate Code 2250 on March 1, 2021. At that hearing the court the court ordered investigations pursuant to Probate Code 1513(a) and (b), confirmed the temporary guardianship and set the matter for a hearing on a permanent guardianship for May 24, 2021. On March 3, 2021 petitioner issued a subpoena to Dr. Rajeswari Sidharaju for medi...

Excerpt: ... order; (2) To Deny Petitioner's Request for Order – Receivership and Restraining Order and to Deny Petitioner's Request for Sanctions, without prejudice. Petitioner Cendy Palacio filed an Amended Complaint for Joinder on January 21, 2021. By the Complaint, Petitioner seeks to join Respondent's brother Alfredo Ayala in this action alleging that Respondent improperly transferred his interest in corporations to Alfredo to the detriment of Petitio...

Excerpt: ... and Stay Action. The parties are directed to arbitration of their disputes in accordance with the arbitration provision of the written purchase agreement. This action is ordered stayed pending completion of arbitration proceedings. (1) Defendant Mark Sidley Auto Group, Inc. has been dismissed from this action. Dismissal renders the motion moot. (2) Defendant asserts Plaintiff is required to arbitrate pursuant to the purchase agreement containing...

Excerpt: ... parcel of real property in the City of Visalia and one parcel in the City of Tulare. Plaintiffs operated an assisted living facility at the Visalia parcel. Plaintiffs were planning convert the Tulare parcel into an additional assisted living facility. Defendants were involved in financing or refinancing for both properties from about November 2016 through June 2017. Defendants assert they loaned $3,575,000.00 to Plaintiffs secured by the two par...

Excerpt: ...ith reference to the public policies underlying PAGA. (O'Connor v. Uber Technols., Inc. (2016) 201 F.Supp.3d 1110, 1113.) The settlement is limited to PAGA claims. Compliance with class certification requirements is not required. (Arias v. Superior Court (Angelo Dairy) (2009) 46 Cal.4 th 969.) “Although our Supreme Court has stated that this provision ensures that “any negotiated resolution is fair to those affected” (Williams v. Superior C...

Excerpt: ...with 15 days leave to amend. Petitioner Cendy Palacio sought to join additional parties to a judgment of dissolution proceeding in order to facilitate enforcement of a judgment. After extensive litigation, the court granted this joinder and Respondent Juan Ayala and Alfredo Ayala appealed. The appellate court affirmed the lower court's ruling, and addressed the motions now before the court in its opinion. (1) Alfredo Ayala demurrers to causes of ...

Excerpt: ...eeks damages from Defendant Visalia Unified School District and several school district administrators arising from the 2017 death of Plaintiff's daughter. (1) All Defendants demur to all causes of action asserted by Plaintiffs. For purposes of a demurrer all properly plead facts and those reasonably arising by implication must be accepted as true. (Couglas v. E. & J. Gallo Winery (1977) 69 Cal.App.3d 103, 114.) An exception, however, is that the...

Excerpt: ...ntiff, a non-profit corporation. The officers are not attorneys. Defendant demurs to the complaint because a corporation is not permitted to appear in court without an attorney. (Merco Constr. Engineers, Inc. v. Mun. Court (1978) 21 Cal.3d 724, 731; Gamet v. Blanchard (2001) 91 Cal. App. 4th 1276, 1284.) Plaintiff recently retained counsel who substituted into this action on February 3, 2021. Counsel filed a response to the demurrer seeking only ...

Excerpt: ...he Motion by Defendant David Wilgus to Contest the Application for Determination of Good Faith Settlement. This action arises from an automobile accident occurring August 1, 2018. Plaintiff seeks recovery for injuries suffered as a passenger of one of the two vehicles involved in the accident. Defendants Feinstein and Wilgus were drivers of the vehicles. Feinstein has filed a Cross-Complaint against Wilgus for indemnification and apportionment of...

Excerpt: ...amended complaint must be filed and served within ten (10) days of this order. (2) To Deny Defendant's Motion To Strike Punitive Damages in Plaintiff's Complaint (1) In this lemon law action, Defendant demurs to Plaintiff's 3 rd, 5 th and 6 th Causes of Action. For purposes of a demurrer all properly plead facts and those reasonably arising by implication must be accepted as true. (Couglas v. E. & J. Gallo Winery (1977) 69 Cal.App.3d 103, 114.) A...

Excerpt: ...to Petitioner's First Amended Petition for Writ of Mandate; and (2) To Grant the Motion by Touchstone Pistachio Company to Strike Portions of the First Amended Petition for Writ of Mandate, with leave to amend. Any amended petition should be filed and served within fourteen (14) days of this order. (1) Real Party in Interest (“Touchstone”) demurs to all causes of action asserted in the First Amended Petition for Writ of Mandate. Touchstone as...

Excerpt: ...r Tuesday, May 11, 2021 at 8:30 a.m. in Department 2. Plaintiff shall submit a revised proposed order with the correct department and judicial officer as well as providing for the final hearing date. The court initially heard the motion on October 21, 2019 and denied the motion outlining a number of deficiencies. The court finds Plaintiff's supplemental declarations filed on October 23, 2020 sufficiently address the court's concerns and to enable...

Excerpt: ...ed by the parties is precluded as a matter of law under Business and Professions Code 16600. B&P 16600 limits but does not totally bar non-solicitation agreements. Defendant has not shown that the agreement at issue here is precluded by the statute as a matter of law. Defendant has not shown that the agreement restricts Defendant from employment opportunities. Defendant has not shown that the agreement is unenforceable as a matter of law under Lo...

Excerpt: ...Ruling: (1) To Grant the motion of Defendant Marriott Visalia for Summary Judgment; (2) to Deny the motion of Defendant Elmore Sports Group, Ltd. for Summary Judgment; (3) to Deny the motion of Defendant Inland Empire 66ers for Summary Judgment and to deny the alternative motion for summary adjudication as to all issues submitted; and (4) to Deny the motion of Defendant Taylor Dunn for Summary Judgment. Plaintiff asserts she was severely injured ...

Excerpt: ... approximately 12:45 a.m. on June 20, 2017 in a courtyard of the hotel. The two runners were employed by minor league baseball teams staying at the hotel. Moving Defendant William Thornhill is also employed in a management capacity by a minor league baseball team, Defendant Lancaster Jethawks. Plaintiff asserts moving defendant was one of the organizers of the footrace. Plaintiff asserts a cause of action for negligence against Movant. Plaintiff ...

Excerpt: ...he covenant of good faith and fair dealing, slander of title, and intentional interference with prospective economic relationship. The action relates to development of real property commonly known as 2948 and 2950 East Douglas Avenue, Visalia California and 1333 Lewis Lane, Tulare, California. Defendants demur to the sixth cause of action – for slander of title and to the seventh cause of action – for intentional interference with prospective...

Excerpt: ... to discovery. Notice of the motion appears to have been adequate. Plaintiff has not responded to the motion. Plaintiff's action has been pending for more than a year, since December 12, 2019. Plaintiff failed to respond to Defendants' written discovery propounded in February 2020. Plaintiff failed to respond to Defendants' initial motion to compel responses to discovery filed July 17, 2020. On August 17, 2020, the court adopted its tentative rul...

Excerpt: ...liminary approval. The court reviews the motion with regard to the deficiencies previously noted by the court. Justification for installment funding Plaintiff has filed a supplemental declaration from Defendant which adequately supports the provision for installment funding of the settlement amount within 90 days. Enhancement awards to class representatives Plaintiff has not presented additional information to support the requested awards and ref...

Excerpt: ...n should be filed and served within twenty (20) days of this order. Petitioner is self-represented. Notice of both demurrers appears to have been adequate. Petitioner has not filed a response to either demurrer. Petitioner's amended petition is unclear and improperly appears an attempt to add to rather than replace her initial pleading which was captioned as a “Motion for Judicial Review.” Taken together it appears the primary relief sought b...

Excerpt: ... 20, 2017 in a courtyard of the hotel. The two runners were employed by minor league baseball teams staying at the hotel. Moving Defendant Lancaster Jethawks is the baseball team with whom one of the alleged race organizers was employed. (Defendant Will Thornhill.) One of the runners was also employed by Movant. (Defendant Dunn.) Plaintiff asserts a cause of action for negligence against Movant. Plaintiff was also employed in minor league basebal...

Excerpt: ...ather Pietroforte and Law Offices of Heather Pietroforte, A Professional Corporation's demurrer to plaintiff's first amended complaint (2) To grant defendants' motion to strike portions of plaintiff's first amended complaint without leave to amend. Defendants shall have 30 days from the date of notice of this ruling to answer the plaintiff's complaint DEFENDANTS' REQUEST FOR JUDICIAL NOTICE The court notes that a more detailed ruling on defendant...

Excerpt: ...VE FACTS Plaintiff Elizabeth Rocha was employed by the defendant Tulare County Office of Education (TCOE) as a rehabilitation specialist. She alleges that during the time that plaintiff worked for TCOE at the Washington Intermediate School in Dinuba, she was the subject of incidents that threatened her safety and the safety of other students and staff. Plaintiff contends that TCOE ignored her requests for physical assistance (and was instructed t...

Excerpt: ...To Grant Defendants' Motion to Strike Portions of Plaintiff's Complaint related to claims for punitive damages, with leave to amend. Plaintiff shall file any amended complaint within fourteen (14) days of this ruling. (1) Plaintiff asserts a number of causes of action arising from alleged wrongful termination of his employment. Defendant demurs to the First Cause of Action – for Discrimination; the Second Cause of Action – for Failure to Acco...

Excerpt: ...of a motor vehicle versus pedestrian accident where the terms of a settlement were agreed to by the parties at a mandatory settlement conference on November 29, 2018. Plaintiff's counsel dictated the terms of this settlement “on the record” in open court during the November 29, 2018 mandatory settlement conference. A first draft of the settlement was ordered on December 11, 2018 and defendant's counsel e-mailed the terms of the settlement to ...

Excerpt: ...The Court has not received any response to this MSJ. Judicial Notice is granted as to defendants' request for judicial notice under Evidence Code 452(d) This MSJ arises out of a wrongful termination cause of action and related claims brought by plaintiffs David Gonzalez and Jose Adolfo Villagomez against their previous employer defendant Agri- Care. Defendant Tate Sandborg was the plaintiffs' direct supervisor and Farm Supervisor who reported to ...

Excerpt: ...et three) and for monetary sanctions in the amount of $3,375 The court notes that it has already approved the definition of “class members” as previously suggested by the plaintiff (“All non‐exempt employees who, at any time from January 29, 2015 through the date Notice is mailed to the class, was employed as a bus driver for Classic Charter”) But in plaintiff's third inspection demand plaintiff defines “class members” as “All emp...

Excerpt: ...t, by order of October 2, 2020, has resolved the identical issues raised by Plaintiff in this action. Plaintiff disputes Defendant's assertions. Plaintiff contends the October 2 order was limited to costs of a completed feasibility study and does not include Plaintiff's liability for ongoing or future cleanup costs. The court finds Plaintiff's contention unpersuasive. Considered in its entirety, it is clear to the court that the federal district ...

Excerpt: .... The Court finds that moving party attorney George J Vasquez of the has complied with the provisions of California Rule of Court 3.1362(d) as to the service of the moving papers for this motion on the plaintiffs. The Court has not received any response to this motion. The supporting declaration of George J Vasquez establishes that the plaintiff Jose Lopez has refused to cooperate with his counsel in the prosecution of his case and that the attor...

Excerpt: ...Retail, Inc. (2008) 168 Cal. App. 4th 116, 129. 1. Sufficiency of Amount of Settlement Plaintiffs assert there are 103 members of the proposed class, representing employees who worked for Defendant for the period covered by the complaint. The proposed gross settlement amount is $500,000.00. Plaintiffs have shown, based on information obtained through discovery, their calculations of maximum amounts recoverable in the event Plaintiffs were to obta...

Excerpt: ...r 29, 2020. The hearing was continued at the request of the parties until after a second round of mediation could be held on November 19, 2020. No documents have been filed in this action since September 24, 2020. Defendant's motion was filed on August 5, 2020. Plaintiff filed opposition on September 16, 2020. Defendant's reply was filed on September 16, 2020. Nothing having been filed as to the status of the parties' mediation efforts, the court...

Excerpt: ...; 3) Negligent Hiring/Retention; 4) Sexual Battery; and 5) Sexual Harassment. Defendant moves for summary judgment/adjudication as to all causes of action. Defendant asks the court to take judicial notice of three documents. The court grants the request as to the March 9, 2019 ruling on Defendant's Motion to Strike and Motion for Judgment on the Pleadings. (Exhibit RJN-A.) The request is denied as to the other documents which are not court record...

Excerpt: ...int. Defendant shall file its answer to the First Amended Complaint within ten (10) days of this ruling. (1) In this action, Plaintiff asserts causes of action for breach of implied warranty, breach of express warranty, and fraudulent inducement – concealment related to his purchase in October 2017 of a new 2017 Cadillac Escalade vehicle. Plaintiff has named as Defendant only the vehicle manufacturer, General Motors, LLC. Plaintiff has not asse...

Excerpt: ...was repeatedly assaulted and threatened by Sergeant Ramirez in 2018 and 2019, with the final incident occuring in June 2019. Following this final alleged assault, Ms. Hillan was allegedly threatened with violence by Sergeant Ramirez (an employee of Tulare County Sheriff's Department) if she reported the assault, had been allegedly told by Sergeant Ramirez's employer that she should stay quiet because Sergeant Ramirez would be protected by the she...

Excerpt: ...(Code of Civil Procedure §387) Tentative Ruling: Star Insurance Company's Motion for Leave to File a Complaint-In-Intervention is granted. Intervenor Star Insurance Company shall have ten days' leave to file its complaint-in- intervention in this case. The Court notes from a review of its file for this action that all parties affected by this motion were given timely and proper notice. The Court has not received any response to this motion. This...