Excerpt: ...(2) why sanctions payable to the Court under CCP §177.5 in the amount of $1,500.00 should not be imposed against defendant Felicia Hunter based on her disobedience of the Court's August 3, 2021 order. No CourtCall shall be permitted for this Order to Show Cause appearance. On August 3, 2021, this Court ordered plaintiff Hunter to provide full and complete verified responses without objection to defendant's first sets of form and special interrog...

Excerpt: ...he NOD has a California Declaration of Compliance (Civil Code §2923.55(c) that states that the requirements of Civil Code §2934.55 do not apply because the loan at issue is not secured by a first lead mortgage or deed of trust on “owner occupied” residential real property as defined by Civil Code §2924.55. The NOD also references the recording information as to the Second Deed of Trust that secured the mortgage at issue in this case. Plain...

Excerpt: ...of a COVID‐19 related declaration on her landlord, and her application for Emergency Rental Assistance Program benefits and service of this application on the plaintiff. OPERATIVE FACTS This is an unlawful detainer action. Defendant Susan Finister was hospitalized from May 21, 2021 to mid‐June 2021 with complications from diabetes that resulted in the amputation of her right toe, her right foot, and her right leg below the knee. She is now co...

Excerpt: ... on disputed facts or credibility determinations, however, a jury is to determine the disputed facts before the court determines whether the facts confer standing as a matter of law. (People v. Superior Court (Plascencia) (2002) 103 Cal.App.4th 409, 424.) Defendants state, in the introductory section of their points and authorities, that Mr. Gonzalez's only relation to the action is that he is an employee of Magnolia Park and the husband of plain...

Excerpt: ...ncy, and, at least initially, the validity and issuance of prior land use approvals preceding the Building Permits, including issuance to Real Parties in Interest ARO Pistachios, Inc. and Touchstone Pistachio, Co. (Touchstone) of a Special Use Permit and Minor Modifications expanding the scope of the permit issued subsequently thereafter. Wonderful did not timely raise challenges to the Special Use Permit or Minor Modifications, but, however, has...

Excerpt: ...ntiff's complaint D.R. Horton CA3, Inc.'s Motion to Strike Portions of Second Amended Complaint is denied. Defendant D.R. Horton's Request for Judicial Notice is granted as to the court's July 13, 2021 ruling under Evidence Code §452(c) and the date of filing of plaintiff's original, first and second amended complaints but denied as to the contents of these complaints as inadmissible hearsay. See Day v. Sharp (1975) 50 Cal.App.3d 904, 914; Fremo...

Excerpt: ...s located in a fenced lot on the property, and that the truck was located on the property when the fire occurred and was damaged due to the fire. Plaintiff contends her mobile food truck was located on the property pursuant to an oral lease with defendant. Defendant denies the existence of any lease, as well as any knowledge that plaintiff had her food truck located on the property prior to the fire. Plaintiff alleges that she had multiple direct...

Excerpt: ...ode §1717 to plaintiff in the amount of $1,650.00 no later than thirty days from the date of this ruling. This is an action for damages and injunctive relief that plaintiff Jaime Gonzales filed against his homeowner's association (Maple Place Community Association) to enforce the CCRs and the statutory obligations applicable to the homeowners' association. Plaintiff brought this action to obtain from the Association financial reports prior to 20...

Excerpt: ...nty Retirement Association (TCERA) as well as the validity of a hearing officer's determinations following a subsequent administrative hearing on the denial. Petitioner's application for retirement benefits was denied on September 25, 2019. Petitioner thereafter requested a hearing pursuant to TCERA administrative procedures. At the completion of the hearing, the hearing officer made various findings and recommendations, ultimately to the effect ...

Excerpt: ...hall provide full and complete verified responses to these interrogatories without objection no later than 20 days from the date of this ruling. Plaintiff shall also pay monetary sanctions to defendant's counsel in the amount of $560.00 under CCP §2023.030(a) and §2030.300(d) no later than 30 days from the date of this ruling. (2) To grant defendant Tulare County Office of Education's motion to compel plaintiff to attend psychological examinati...

Excerpt: ... service by the clerk will constitute notice of the order. Re: Hernandez v. Spartan Holdings LLC Case No.: VCU 278599 Date: September 21, 2020 Time: 8:30 A.M. Dept. 7‐The Honorable Bret D. Hillman Motion: Cross‐Defendant Steve Sorina Individually and dba Steve Sorina Plastering's Motion for Leave to File Amended Answer Tentative Ruling: To grant cross‐defendant Steve Sorina Individually and dba Steve Sorina Plastering's (“Sorina”) motio...

Excerpt: ...ce Defendants request the court take judicial notice of (a) plaintiff's first amended complaint filed in this action, (b) defendants' answer, and (c) the death certificate of decedent Rocky Paul Jones. Plaintiff requests the court take judicial notice of (d) the ruling on the demurrer and motion to strike entered in Laura Soto, et al. v. Walmart Inc., et al., Tulare County Superior Court Case No. VCU282959, (e) the “Findings and Declarations,�...

Excerpt: ...ive hearing conducted pursuant to Visalia Municipal Code (VMC) 6.16.030(C), that his dog, a Pit-bull named “Thor,” is a “vicious animal” (as defined in VMC section 6.04.010); and that would (b) enjoin destruction of the animal, as would otherwise be required under VMC section 6.16.060, incident to the “vicious animal” determination. In the petition, petitioner additionally alleges that an order that his other dog—also a Pit-bull, na...

Excerpt: ...ter Interiors to supply and install the flooring for the homes that are at issue in this case. Spartan served its cross-complaint on moving party Coulters (a California Corporation) On December 18, 2018 by serving its principal and agent for process Bryan Wallace, who is not an attorney. When Coulter did not timely respond to Spartan's cross-complaint, Spartan filed with the court a request to enter default that was entered by the court on May 28...

Excerpt: ...ttlement agreement for the court to make the merits evaluation required by Kullar v. Foot Locker Retail, Inc. (2008) 168 Cal.App.4 th 116, 129. This class is identified as: “All current and former non-exempt employees of Defendant Cream of the Crop Ag Service who performed work in California from May 30, 2015 to March 7, 2021” 1. Sufficiency of Amount of Settlement ($1,750,000) The gross settlement amount is $1,750,000. Plaintiff estimates th...

Excerpt: ...adillo shall answer the cross-complaint of cross- complaint no later than thirty days from the date of notice of this ruling. OPERATIVE FACTS From approximately February 2, 2010 until January 26, 2021, Jose de Jesus Martinez Delgadillo and Paula Gallegos lived together under an express oral relationship agreement that provides for the parties to treat any property that they acquired while living together as joint property. This non- marital agree...

Excerpt: ...10 et seq.; Tentative Rulings: (1) To grant defendant Gerald Dyar's motion to consolidate cases. This present case VCU 286088shall be ordered to be consolidated with Case #VCU 286617 (Burrows v. Dyar) with all subsequent pleadings and papers filed in Case VCU 286088. (2) To grant plaintiff's motion to compel deposition of defendant Gerald Dyar. All counsel for these consolidated cases shall coordinate a date and time certain for defendant Dyar to...

Excerpt: ...ano's (Lozano) five causes of action under the Song- Beverly Consumer Warranty Act (Song-Beverly Act), and a cause of action for fraud by omission, alleged against Ford Motor Company (Ford), arising from her purchase of a 2018 Ford Focus manufactured by Ford. Plaintiff alleges the vehicle contained or developed various defects impairing the use, value or safety of the vehicle, and that Ford has (1) failed to service or repair the vehicle to confo...

Excerpt: ...Centex) filed a cross-complaint against various subcontractors, including cross-defendant Kennies. Kennies now moves this court for a determination that its settlement with Centex in the amount of $8,000 was made in good faith within the meaning of Code of Civil Procedure sections 877 and 877.6. Kennies filed its motion July 27, 2021, timely serving all parties on July 26, 2021. No opposition has been filed, and no nonsettling party has filed a n...

Excerpt: ...iff Denise Gail West. Defendant settled a wrongful death claim for $300,000.00 against the parties whose conduct caused the death of her son Alejo West. At the time that this wrongful death action was settled, guardian ad litem Jessica Fetcho was pregnant with her daughter Denise Gail West. The decedent is the father of Denise Gail West. The thrust of plaintiff's complaint is that Terrie West failed to consider (or deliberately concealed) Denise'...

Excerpt: ...e felony criminal case both arise from the same event, a motor vehicle collision on July 2, 2020. In reviewing this motion, the court considers (1) the plaintiffs' private interest in proceeding expeditiously with this action, weighed against the potential prejudice of delay resulting from the requested stay; (2) the private interests of the defendant, and the burden which any particular aspect of the proceedings may impose on defendant; (3) the ...

Excerpt: ...d (Monarch), have each separately moved to compel arbitration of, and stay, this action. Both defendants contend their motions are based on an arbitration provision included in a retail installment sales contract (sales contract) signed by plaintiff Victoria Lozano. Defendants' respective points and authorities, which are nearly identical, word-for-word, cite extensively to an “Arbitration Agreement” they represent is contained in the sales c...

Excerpt: ...paid, laid out, and expended to or for defendant. Defendant answered February 26, 2021, generally denying the allegations set forth in the complaint. Defendant prepared his answer using optional Judicial Council form PLD-C-010, and while a box is checked indicating that defendant alleges affirmative defenses, none are listed anywhere in the answer. Plaintiff later served written requests for admission, to which defendant failed to respond. Plaint...

Excerpt: ...ice of this ruling is served; and (2) further orders defendant shall pay $590 to plaintiff's counsel as monetary sanctions under Code of Civil Procedure sections 2023.010 et seq. This is a personal injury case arising from an automobile accident on April 12, 2019. Plaintiff alleges that defendant Mohamed Yassennagi Mohamed crashed his vehicle into a parked vehicle, pushing it into plaintiff and causing him significant injury. Plaintiff further al...

Excerpt: ...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 plaintiffs' 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 Genera...

Excerpt: ...n an unincorporated area of Tulare Defendant Ramon Ruiz was driving a tractor trailer heading on eastbound Avenue 184 onto southbound SR 65 when due to his failure to comply with a stop sign or yield to oncoming traffic, his tractor-trailer collided with Ms. Rice's Chevrolet. Shortly thereafter, defendant Aaron Oakley hit Ms. Rice's automobile, and also hit Ms. Ruiz and defendant Ramon Frias Ruiz, who were both standing outside their vehicles. Ms...

Excerpt: ... submit the entire motion and initial declarations a second time. Insufficient information 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.4 th 116, 129. This class is identified as: “All current and former non-exempt employees of Defendant Cream of the Crop Ag Service who performed work in California from May 30...

Excerpt: ... This case is an employment-based action that arises in part out of a “slip and fall” that plaintiff sustained on July 26, 2019 in the restroom of a Carl's Jr. in Los Banos. At the time of this fall, plaintiff was accompanied by defendant Kulwant Gadri. Plaintiff contends that at the time of this fall he was acting in the course and scope of his employment with Kulwant Gadri dba Gadri Farms. But because defendant did not have workers' compens...

Excerpt: ...ed and served within fifteen (15) days of this order. Plaintiff's claims in this case arise from his contract with defendant City of Dinuba to re-roof a building. During construction, the building became damaged following a rain event. The parties dispute whether faulty protective measures by plaintiff Eagle Fire, or failed maintenance by defendants City and Watts, caused the building to become damaged as a result of the rain. Based on the City's...

Excerpt: ...n, in which plaintiff Maria Ruiz was a passenger, and a vehicle driven by defendant Michael Wilgus. Plaintiff Ruiz commenced the action on July 24, 2020, with a complaint alleging damages, including punitive damages, against both defendants Wilgus and Feinstein. Defendant Feinstein subsequently filed a cross-complaint against defendant Wilgus involving claims related to indemnity, as well as his alleged injuries. Defendant Feinstein (as cross- co...

Excerpt: ...laintiff/Cross-Defendant's Responses to Special Interrogatories, Set two; Request for Order Awarding Monetary Sanctions Tentative Rulings: (1) Defendant/Cross-Complainant Samuel Hignojoz's (“Samuel”) demurrer to plaintiff/cross- defendant's Gilbert Hignojoz on behalf of conservator for the person and estate of Jessie Hignojoz (“Gilbert”) verified answer to cross-complaint of defendant/cross-complainant Samuel Hignojoz is sustained. Gilber...

Excerpt: ...itional time. Defendants move the court to recover attorney fees that they incurred to retain counsel to successfully vacate a judgment that had been erroneously entered against them. Plaintiff correctly points out that the motion was not filed with the full time to respond contemplated by CCP §1005, however plaintiff did file a response and does not appear to be prejudiced by the shortened time. Should plaintiff want additional time to respond,...

Excerpt: ... without leave to amend as to Lamar's second, cause of action. The demurrers as to the third, fourth and fifth causes of actions are overruled. Plaintiff Lamar shall have twenty days' leave to file an amended complaint. D.R. Horton CA3, Inc.'s Motion to Strike Portions of First Amended Complaint is granted with twenty days leave to amend. Defendant D.R. Horton's demurrer to plaintiff Lamar's first amended complaint This action arises out of the r...

Excerpt: ...04 East Beacon Street, Tulare, California. The property was owned by decedent Emalyne Comfort Franks. Decedent died on March 12, 2018. Plaintiff Samuel C. Franks alleges he is decedent's stepson. Defendant Brenda Holly is decedent's niece and plaintiff's birth mother. Defendant Mary D. Jones (against whom a prior motion for summary adjudication was granted) is the mother of defendant Holly and the sister of decedent. Both defendants acknowledge p...

Excerpt: ...Sunburst Packing, LLC's Claims as to all issues submitted. 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 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...

Excerpt: ... and for $1,425.00 in Monetary and Evidentiary Sanctions; (3) Defendant Porterville Convalescent, Inc.'s Motion to Compel Further Responses to Request for Production of Documents (Set One) 17 and 38 and for $1,425.00 in Monetary and Evidentiary Sanctions Tentative Rulings: (1) The hearing on defendant Porterville Convalescent, Inc.'s motion to compel further responses to special interrogatories 1, 3, 5, 10-19, 24, 26-28, 31, 33, 37-40, 42-65 (Set...

Excerpt: ...ys' fees related to a loan agreement and promissory note dated in March 2016. Defendants filed their Answer to the Complaint on May 25, 2021. On June 2, 2021, Defendants filed their subject motion entitled “Motion to Dismiss Complaint.” The motion is not one generally recognized under the Code of Civil Procedure. The motion is procedurally deficient in that Defendants have not submitted Points and Authorities in support of the motion as requi...

Excerpt: ...te Insurance Company shall file its complaint-in- intervention no later than five days from the date of this ruling. Berkshire Hathaway Homestate Insurance Company moves this court to intervene as a party plaintiff to recover from defendants and defendants-in-intervention Ruan Transportation Management Systems, Inc. workers' compensation benefits paid to plaintiff Jesus Lopez during his employment with Berkshire's insured California Dairies. An i...

Excerpt: ... is no request for argument, the court is prepared to sign the form of order lodged by Movant. The motion was filed on May 14, 2021. Proof of service in the file indicates notice of the motion was adequate. As of June 14, 2021, no response to the motion has been processed to the court's case management system. Plaintiff's Third Amended Complaint contains factual allegations against moving Defendant which are substantially the same as those allege...

Excerpt: ...s on February 24, 202. This default judgment was entered thirteen days after Ms. Stites filed for bankruptcy on February 11, 2021 and in so doing was entitled to an automatic stay under 11 U.S.C. §362 that precluded plaintiff from taking any action to obtain a judgment on the obligation that is the subject of the plaintiff's complaint. CCP §473(d) states in relevant part that the court may, on motion of any party or on the court's own motion, c...

Excerpt: ...fendant Centex has filed a cross-complaint against Sierra Glass and Screen, Inc. Sierra answered this cross-complaint when represented by counsel, but this counsel was subsequently relieved of their responsibilities as counsel for Sierra and thus Sierra is now an unrepresented corporate cross-defendant. As a result, Centex now moves the court to strike the answer of Sierra and further requests that this court enter the default of Sierra. Under CC...

Excerpt: ... days from the date of this ruling. Plaintiff shall also produce at the time of this deposition the records and writings identified in General Motors' deposition notice. Exhibit “A” to the declaration of Cameron Major filed in support of this discovery motion indicates that on April 5, 2021, defendant GM served a Notice of Taking Deposition on plaintiff Pedro Gutierrez at the address of his counsel that is identified in his complaint. This de...

Excerpt: ... is ordered stayed pending completion of arbitration proceedings. The court's record indicates that proper notice was given to all parties. The court has not received any response to this motion. Defendants seek to enforce an arbitration provision in the purchase and sale agreement executed by plaintiff. Defendants have shown that they have stated to plaintiff their intent to enforce the arbitration provision both in this court and in the federal...

Excerpt: ... book account, breach of contract, and credit extended. The amount due and owing to Discover Bank (as indicated in the allegations in the plaintiff's complaint is $6,703.43. On or about May 30, 2019, defendant Stephanie S. Jackson agreed to settle this case for the payment of $5,363.00 to Discover Bank in monthly installments of $447.00 on the 30 th day of each month (beginning May 30, 2019) until this $5,363.00 was paid in full. The terms of thi...

Excerpt: ... $1,100.00 Against Defendant Tracy Lee Jackson and his Attorney of Record Joseph Strella, Jr. Esq.; (3) Motion to Compel Responses to Plaintiff's Special Interrogatories; Request for Sanctions in the Amount of $1,100.00 Against Defendant Tracy Lee Jackson and his Attorney of Record Joseph Strella, Jr. Esq.; (4) Motion to Compel Responses to Plaintiff's Form Interrogatories; Request for Sanctions in the Amount of $1,100.00 Against Defendant Tracy ...

Excerpt: ...rs 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 to make a prima facie showing of the existence of a triable issue of material fact." (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850.) The moving party bears the burden of per...

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: ...Request for Sanctions in the Amount of $1,111.00 Against Defendant Mike Clark Trucking and its Attorney of Record Joseph Strella Jr., Esq. and Clapp Moroney; (3) Motion to Compel Responses to Plaintiff's Special Interrogatories; Request for Sanctions in the Amount of $1,100.00 Against Defendant Mike Clark Trucking and its Attorney of Record Joseph Strella Jr., Esq. and Clapp Moroney in the Amount of $1,100.00; (4) Motion to Compel Responses to Pl...

Excerpt: ...t deed and deficiency judgment, fraud, and breach of contract. The subject matter of this action involves real property that defendants Acevado Homes, Inc. and Amelia Acevado purchased from plaintiffs Eric and Ronda Kozlowski. This purchase was secured by a trust deed. The parties subsequently agreed to a stipulation that required the defendants to make periodic payments in January of 2020, 2021, 2022, and 2023, plus monthly interest payments of ...

Excerpt: ...legedly made by district representatives. Defendants have sought to have the matter designated as complex pursuant to California Rules of Court, Rule 3.400 and Tulare County Local Rule. 603. Counsel argues the trial will likely involve thirty witnesses, there is a request for punitive damages and defendants seeks additional time to file potentially dispositive motions. Defendants assert they will seek to obtain police department and Child Welfare...

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...

Excerpt: ...d Christian Durkee Only) as Terminating Sanction for Failure to Respond to Discovery Notwithstanding Court Order Tentative Rulings: (1) Defendant Heartland Express Inc. of Iowa's motion for order that requests for admission to plaintiff Henry Jiminez be deemed admitted is granted. The facts and allegations set forth in Requests for Admissions 1 through 12 of defendant Heartland Express Inc. of Iowa's first set of request for admissions to plainti...