Excerpt: ...ted to her purchase in September 2013 of a new 2013 Nissan Sentra vehicle. Plaintiff has named as Defendant only the vehicle manufacturer, Nissan North America, Inc. Plaintiff has not asserted any claims against the selling dealer. Defendant demurs to the Third Cause of Action – for fraudulent inducement/concealment For purposes of a demurrer all properly plead facts and those reasonably arising by implication must be accepted as true. (Couglas...

Excerpt: ... was not required to do anything to further her defense of this action until that time. The court is not persuaded. CCP §473(b) provides that “The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect.” The summons that plaintiff served on Ms. Mayorga u...

Excerpt: ...arty Richard L. Wendt and request for sanctions is granted. Dr. Wendt shall produce the requested records to defendant's counsel no later than 10 days from the notice of this ruling. Dr. Wendt shall also pay sanctions to defendant's counsel in the amount $560.00 no later than 30 days from the date of notice of this ruling All parties were given proper notice of this matter. There has been no response to this motion. Defendant Altura Centers for H...

Excerpt: ...s prepared a motion for judgment on the pleadings. Defendant asserts the motion was filed with the court on September 23, 2020. There is no indication in the court's case management system that the motion was filed. On September 23, 2020, the action was dismissed at Plaintiff's request. Defendant has shown under the circumstances presented he is the prevailing party in this matter and entitled to recover his reasonable attorneys' fees pursuant to...

Excerpt: ...er Responses from Maple Place Community Association to Form Interrogatories; (5) Motion for Order Compelling Further Responses from Laura Landeros to Request for Production of Documents; (6) Motion for Order Compelling Further Responses from Maple Place Community Association to Request for Production of Documents Tentative Rulings: (1) Motion for Order Compelling Further Responses from Maple Place Community Association to Form Interrogatories; In...

Excerpt: ...er Responses from Maple Place Community Association to Form Interrogatories; (5) Motion for Order Compelling Further Responses from Laura Landeros to Request for Production of Documents; (6) Motion for Order Compelling Further Responses from Maple Place Community Association to Request for Production of Documents Tentative Rulings: (1) Motion for Order Compelling Further Responses from Maple Place Community Association to Form Interrogatories; In...

Excerpt: ...efendant's summary judgment motion, the claims in this action are for amounts claimed due for providing emergency services under the Knox-Keene Health Care Service Act of 1975. The claims of both parties are based on specific statutory provisions of the act. That quantum meruit principles are to be utilized in determining the “reasonable and customary value” of the services provided under the act does not take this action out of the statutory...

Excerpt: ...nt at defendant LPL Financial LLC. On February 14, 2018, Edwyn entered into a Transfer on Death Agreement with LPL that apportioned the LPL account as 40% to Barbara, and 20% each to the Faggarts' children Catherine Albertson and Jarett Faggart. The terms of this account specify that any disputes that arise as to this account would be resolved through arbitration. On February 20, 2020, Edwyn purportedly executed a Durable Power of Attorney (“PO...

Excerpt: ...t all) of Plaintiff's claims which it contends are time barred. Plaintiff's objections to Defendant's evidence numbered 1 through 9 are all overruled. 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 th...

Excerpt: ...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 to conclusions of fact or law. (Moore v. Regents of University of California (1990) 51 Cal.3d 120, 125.) For example, a bare allegation that an act is illegal, unlawful, unauthorized, wrongful, or fraudulent is a conclusion of ...

Excerpt: ...san Ventura-Andres without leave to amend. All parties were given proper notice of this motion. There has been no response to this motion. Defendants Request for Judicial Notice is granted only as to the date of filing of the documents identified in defendants' Request for Judicial Notice. Except for minute orders and other orders for this case that appear in the Court's file, and other matters that in the Court's file where Evidence Code §452 a...

Excerpt: ...e to this motion. Plaintiff Alan Joslin was awarded a judgment against defendants on April 24, 2020 in the amount of $122,896.95. Defendants satisfied this judgment on or about May 28, 2020 with an accompanying request that plaintiff's counsel sign and acknowledgement of full satisfaction of judgment as per CCP §724,050(b) within 15 days On July 15, 2020, defendants' counsel wrote to plaintiff's counsel with a demand that plaintiff enter a satis...

Excerpt: ...t of a wrongful death and medical negligence claim by the Estate of James Snow Jr. against the Kaweah Delta Health Care District and the physicians who treated the late James Snow Jr. following the implementation of a pacemaker in Mr. Snow. Mrs. Joy Snow (the guardian ad litem for the Estate of James Snow Jr.) contends that defendants negligently prescribed the drug Digoxin for Mr. Snow notwithstanding that this drug was contraindicated following...

Excerpt: ...tatewide Communities Development Authority to Plaintiffs' Complaint as to all causes of action, without leave to amend. If the parties have stipulated to allow an amended complaint to be filed, the court will honor this stipulation. The demurrer and motion were both filed on August 27, 2020. Proof of service in the file indicates notice of both the demurrer and the motion was adequate. As of September 21, 2020, no response to the demurrer or to t...

Excerpt: ...r summary adjudication as to Defendant Brenda Holly. Plaintiff's motion was filed on June 3, 2020. An opposition to the motion was filed on September 1, 2020. This action involves a family dispute over title to real property commonly known as 304 East Beacon Street, Tulare, California. The property was owned by decedent Emalyne Comfort Franks. Decedent died on March 12, 2018. Plaintiff alleges he is decedent's stepson. Defendant Brenda Holly is d...

Excerpt: ...t. All of Plaintiff's claims relate to amounts claimed due and owing to Plaintiff for providing ag management services to Defendants. Defendants demur to all 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. An exception, however, is that the general rule is limited to those material facts prope...

Excerpt: ...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 to make a prima facie showing of the existenc...

Excerpt: ...mount due and owing to Hartford (as indicated in the allegations in the plaintiff's complaint) is $5,197.06 plus accrued interest. On or about July 18, 2019, defendant Soria agreed to settle this case for the payment of $5,422.06 to Hartford in monthly installments of $150.00 on the 3rd day of each month (beginning August 3, 2019) until this $5,422.06 was paid in full. The terms of this settlement were memorialized in a “Stipulation for Entry o...

Excerpt: ...) case brought by Defendant in the federal court. By order of the federal district court issued on February 5, 2019, Plaintiff was found responsible for 50% of future cleanup costs. The order remains in full force and effect. Plaintiff's Complaint here was filed on November 25, 2019. Defendant removed this case to the federal district court on December 30, 2019. On May 19, 2020, the federal district court issued its order (by the same judge who i...

Excerpt: ...rmination, and declaratory relief. Defendant's summary judgment motion was filed on February 27, 2020 and originally noticed for hearing on May 12, 2020. Pursuant to emergency orders, the hearing was continued to July 15, 2020. Plaintiff, without the assistance of counsel, filed a response to the summary judgment motion on May 5, 2020. There is no indication that the opposition was served on Defendant. On May 28, 2020, Plaintiff was again represe...

Excerpt: ...ts alleged by Plaintiff in its Complaint. Defendant asserts it had no interaction with Plaintiff and that it cannot be held vicariously liable for torts occurring before its formation. Bor-Go offices are in Nevada. It is in the business of providing software to companies to process payroll. Bor-Go does business with California companies pursuant to service agreements which authorize companies to access Bor-Go's service. The service agreements con...

Excerpt: ...re in addition to the general damages awarded in the court's ruling on Motion for Summary Judgment filed July 1, 2020. This court granted Plaintiff's Motion for Summary Judgment and set this matter for further hearing to determine exemplary damages. Plaintiff filed his memorandum of costs, a declaration in support of the request for attorneys' fees, and points and authorities in support of his request for exemplary damages. All documents were ser...

Excerpt: ...endant Heartland Express, Inc. of Iowa's Motion to Compel Plaintiff Henry Jimenez's Responses to Defendant's Special Interrogatories, Set One; Request for Monetary Sanctions Tentative Rulings: (1) To grant defendant Heartland Express, Inc. of Iowa's motion to compel plaintiff Henry Jimenez's responses to defendant's special interrogatories, set one; (2) To grant defendant Heartland Express, Inc. of Iowa's motion to compel statement of compliance ...

Excerpt: ...ctices. These causes of action arise out of plaintiff Bryce Ramay's employment with defendants WPI Water Resources, Inc., Water Well Specialties, Inc. Defendants contend that the working conditions at their workplace are governed by an “Employee Handbook” that new employees are required to sign at the commencement of their employment. This “employee handbook” contains a clause that states that employees waive their right to a jury trial a...

Excerpt: ...ross-Complainant Kaiser Foundation Health Plan, Inc.'s (“Kaiser”) first and only cause of action to its Cross-Complaint. The cause of action is for Unjust Enrichment/Restitution. Kaweah Delta asserts the claim fails for failure to comply with the requirements of the Government Claims Act. (Gov't. Code 900 et seq.) Kaweah Delta previously demurred to the Cross-Complaint. The demurrer was overruled. No contention regarding the claims act was ra...

Excerpt: ...Co.'s to provide further responses to defendant's first set of form interrogatories. Defendant's motion is denied as procedurally defective. California Rule of Court 3.1345(a) mandates that “Any motion involving the content of a discovery request or the responses to such a request must be accompanied by a separate statement. The motions that require a separate statement include a motion: … (2) To compel further responses to interrogatories; (...

Excerpt: ...s. There has been no response to this petition. This action arose when respondents Juicers, LLC and Michael Washington agreed to indemnify and hold harmless Ms. Deering from all liabilities of Juicers, LLC. Respondents failed and refused to pay FreshKO Services, Inc., a creditor of Juicers, LLC, the sum of $13,125.08 due and owed to FreshKO This resulted in Ms. Deering having to personally pay the $13,125.08 due and owed to FreshKO. The parties a...

Excerpt: ...Michelle Elizabeth Barnett, Deceased and to Deny the request for Leave to File an Amended Complaint; (2) To Deny the Motion by Defendant Carl Kunkel to Stay Entire Action. (1) Plaintiff asserts named Defendant Michelle Elizabeth Barnett died after this litigation was commenced. Plaintiff seeks to add decedent's husband Curtis Barnett, Jr. as a party defendant as the successor in interest to the decedent. Plaintiff's motion seeks to improperly ren...

Excerpt: ... action where cross-complainant Smee Builders, Inc. has agreed to accept the sum of $58.400.00 from cross-defendant Campbell Painters, Inc. in exchange for a release of all claims arising out of Campbell's work on the properties at issue in this action. CCP § 877.6 affords the court with the discretion to determine whether a settlement reached by opposing parties in litigation is in good faith such that it is "within the reasonable degree of the...

Excerpt: ...nd Unfair Business Practices. These causes of action arise out of plaintiff Bryce Ramay's employment with defendants WPI Water Resources, Inc., Water Well Specialties, Inc. Plaintiff contends that defendant Amanda Gail Jensen is the alter-ego of both of the other defendants. Plaintiff contends that while employed by the defendants as a water rig employee he was routinely forced to work days up to 16+ hours without adequate overtime pay. Plaintiff...

Excerpt: ...of form interrogatories and defendant's second inspection demand. These responses shall be served on defendant's counsel no later than thirty days from the notice of this ruling (2) To grant defendant Altura Centers for Health's motion for mental examination. Counsel for the parties and the plaintiff shall coordinate a time and place for plaintiff to undergo a mental examination by the psychologist identified in defendant's moving papers. The pla...

Excerpt: ... construed. It is Defendant's burden to prove an employee is exempt. In its opposition, Defendant asserts its drivers engage in interstate commerce because they may operate outside of California. Defendant provides no evidence that any of its drivers have operated outside of California. “[U]nder California law, exemptions from statutory mandatory overtime provisions are narrowly construed.” (Ramirez, supra, 20 Cal.4th at p. 794.) They are app...

Excerpt: ...r notice of this motion. There has been no response to this motion OPERATIVE FACTS Plaintiff's complaint alleges causes of action for Financial Elder Abuse, Fraud, Conversion, Constructive Trust, and Probate Code §850. Plaintiff John C. Hart (John) is the Conservator of the Estate of James Guinn Hart. (James) Sometime in 2014, James suffered a stroke to the extent that he suffered from slurred speech and unable to walk. This stroke also diminish...

Excerpt: ...o the request for attorneys' fees in Plaintiff's Fifth Cause of Action; and to grant the motion as to Plaintiff's request for treble damages under CCP 340.1(b)(1). Plaintiff's Request for Judicial Notice is denied as to requests numbered 1 through 4 and granted as to request number 5. (1) For purposes of assessing the sufficiency of the demurrer, we assume the truth of all well-pleaded facts. (Blank v. Kirwan (1985) 39 Cal. 3d 311, 318.) We also ...

Excerpt: ...endants' motion was filed April 22, 2020 while emergency orders were in place. Proof of service in the file indicates notice of the motion was adequate. No substantive response to the motion has been filed. On June 12, 2020 plaintiff filed an “opposition” that simply stated she wished to be heard on this matter. The court will accept this response as a request for oral argument. Defendants seek summary judgment or summary adjudication as to f...

Excerpt: ...lerk of the court within ten days from the notice of these motions. Plaintiff is having two motions heard on this date and has only paid one filing fee. Proper notice was given to the defendant at the address stated in his answer to the plaintiff's complaint. There has been no response to these motions. Plaintiff's motion is denied because it is procedurally defective. California Rule of Court 3.1345(a) mandates in relevant part that “Any motio...

Excerpt: ...h the court) sufficiently complies with the court's order that the plaintiff post a $5,000.00 undertaking with the court. See CCP 995.710(a)(1). This check was deposited with the court on February 27, 2020 – the same day that defendant filed its motion to dismiss. As to whether plaintiff's case should be dismissed for failure to post a bond within the 30-day period identified in CCP §1030(d), the court finds that Hertz v. Superior Ct. (1917) 3...

Excerpt: ... 12. No documents appear to have been filed in this action since the MSJ was filed on March 4. The complaint was filed on July 9, 2019. Ms. Munoz represents Plaintiff. Defendant Cottonwood Containers answered by general denial on August 22, 2019. Mr. Stringham represents Cottonwood Containers. The other named Defendant, NOW Manufacturing, LLC, has been dismissed. A court trial is set for June 29, 2020 with a 2-day estimate. An April 23 early sett...

Excerpt: ...ry 2020. The jury deliberated for several hours before returning its verdict. CCP §675 provides, in pertinent part, “A new trial shall not be granted upon the ground of insufficiency of the evidence to justify the verdict or other decision, nor upon the ground of excessive or inadequate damages, unless after weighing the evidence the court is convinced from the entire record, including reasonable inferences therefrom, that the court or jury cl...

Excerpt: ... officer for defendants and cross-complainants Dynamic Insurance Solutions, Inc., Dynamic Integrated Systems Solutions Corp., and/or TS Dynamic Corp.). For the purposes of this ruling, the above-stated defendants and cross complainants will be identified collectively as “Sibel.” Plaintiff's Request for Judicial Notice is granted only as to the date of filing of the documents identified in the plaintiff's request for judicial notice. Except fo...

Excerpt: ...ement 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. Identity of the Class The class identified in this action is “All Wawona non-exempt employees who worked in Wawona's packing facility from November 22, 2013 through the date of Preliminary Approval.” 2. Sufficiency of Amount of Settlement ($4,000,000.00) The gross settlement amount is $4,000,000.00 whi...

Excerpt: ...ll well- pleaded facts. (Blank v. Kirwan (1985) 39 Cal. 3d 311, 318.) Also accepted as true are all facts that may be implied or inferred from those alleged. (Marshall v. Gibson, Dunn & Crutcher (1995) 37 Cal. App. 4th 1397, 1403.) In addition, relevant matters that are properly the subject of judicial notice may be treated as having been pled. (Friedland v. City of Long Beach (1998) 62 Cal. App. 4th 835, 842; Code Civ. Proc., § 430.30, subd. (a...

Excerpt: ...all well- pleaded facts. (Blank v. Kirwan (1985) 39 Cal. 3d 311, 318.) Also accepted as true are all facts that may be implied or inferred from those alleged. (Marshall v. Gibson, Dunn & Crutcher (1995) 37 Cal. App. 4th 1397, 1403.) In addition, relevant matters that are properly the subject of judicial notice may be treated as having been pled. (Friedland v. City of Long Beach (1998) 62 Cal. App. 4th 835, 842; Code Civ. Proc., § 430.30, subd. (...

Excerpt: ... with City Council Member Carleton Jones. A Tulare City police officer filed claims against Respondent asserting a Tulare City Council Member had engaged in conduct creating a hostile work environment. As part of its statutory obligation to investigate, Respondent City of Tulare hired an outside attorney who investigated the claims and prepared a report for the City. Respondent advised both the police officer and the City Council Member of the re...

Excerpt: ...nses, and plaintiff's enhancement award. The claims administrator mailed notice of the settlement to all 2333 class members. Nineteen notices were returned by the post office as undeliverable. No objections or requests to opt out were received by the administrator. Plaintiff's moving papers are sufficient to establish the settlement terms are fair and reasonable under the circumstances. The court and approves the settlement, the notice sent to cl...

Excerpt: ...h and survivor complaints that arise out of the death of decedent Margarito Hernandez Ortega on August 22, 2018. Decedent was killed in an automobile accident when he encountered flooding on Road 120 that caused him to lose control of his vehicle and crash into a power pole. Plaintiffs contend that the flooding on Road 120 was caused by an overflow of water from the irrigation system on the defendants' adjacent farm. Plaintiffs further allege tha...

Excerpt: ...a dispute between a medical provider (Plaintiff and Cross-Defendant –Kaweah Delta) and a patient insurer (Defendant and Cross-Complainant - Kaiser). One of Kaiser's insureds received emergency medical treatment at Kaweah Delta. Kaweah Delta billed Kaiser for the services. Kaiser paid less than the amount billed and allegedly paid substantially less than the historic reimbursement experience between the parties. Kaweah Delta asserts Kaiser unila...

Excerpt: ...sponse, dismissed Defendants have supplied documentation for all of the claimed costs. The documentation submitted in support of the cost bill is sufficient to show all of the claimed costs were reasonably necessary for the litigation and reasonably incurred for the litigation. Plaintiff asserts that dismissed Defendants were only minimally liable in this automobile accident case and were dismissed on the first day of trial. Plaintiff obtained ju...

Excerpt: ...(Labor Code 2699, et seq.) Causes of Action, without leave to amend. Defendant shall file its answer to the remaining causes of action within ten (10) days of this order. Proof of service in the file indicates notice of the demurrer was adequate. No response to the demurrer has been filed. For purposes of assessing the sufficiency of the demurrer, we assume the truth of all well-pleaded facts. (Blank v. Kirwan (1985) 39 Cal. 3d 311, 318.) We also...

Excerpt: ...s that may be implied or inferred from those alleged. (Marshall v. Gibson, Dunn & Crutcher (1995) 37 Cal. App. 4th 1397, 1403.) In addition, relevant matters that are properly the subject of judicial notice may be treated as having been pled. (Friedland v. City of Long Beach (1998) 62 Cal. App. 4th 835, 842; Code Civ. Proc., § 430.30, subd. (a).) (See Thaler v. Household Finance Corp. (2000) 80 Cal.App.4th 1093.) Plaintiff's Complaint asserts al...

Excerpt: ...99 and all related references to Plaintiff's claims under the California Private Attorneys General Act. Proof of service in the file indicates notice of the motion was adequate. As of February 7, 2020, no response to the motion has been filed. The deadline for response has expired. The moving papers are sufficient to establish that allegations in Plaintiff's First Amended Complaint of violations of PAGA are facially deficient because Plaintiff ha...

Excerpt: ... the hearing date for this motion. OPERATIVE FACTS This is a breach of contract action where plaintiff DPI Group LLC plead in its second amended complaint causes of action for common counts for the fixed sum of $198,065.13 for unpaid CAM charges plus prejudgment interest. This case was adjudicated by a court trial from which the court issued a Statement of Decision on June 8, 2017 in favor of DPI for the amount of $198,065.13. The court also rule...

Excerpt: ..., 16, 17, and 23 to the declaration of Benjeman Beck are overruled. The court was unable to locate Exhibits 4, 5, 6, 7, 8, and/or 15 to the declaration of Jessica Anvar, and on that basis overrules defendant FCA US LLC's objections to these exhibits. Plaintiff's Request for Judicial Notice is granted as to all items identified in this request under Evidence Code §452(d) and §452(h) Plaintiff's Evidentiary Objections to Declaration of Adam Khan ...

Excerpt: ...ot in furtherance of any settlement of this case. A defendant in whose favor a dismissal is entered, with or without prejudice, is deemed to be the prevailing party and is entitled “as a matter of right” to recover costs. See CCP §1032(a)(4)-(b). The court confirmed in Cano v. Glover (2006) 143 Cal.App.4th 326, 331 that the defendant is deemed to be the prevailing party who is entitled to recover costs irrespective of whether plaintiff dismi...

Excerpt: ...ime period to respond to be calculated from this present February 4, 2020 hearing date. Under CCP §1005(b) the last day to timely file a substantive response to this motion would be nine court days from February 4. 2020, or January 22, 2020. As of the date of this ruling, the court has not received any substantive response from the defendants to plaintiff's motion that addresses the merits of plaintiff's motion. The parties were also directed to...

Excerpt: ...onfer to discuss an amended “Stipulation for Entry of Judgment” whose terms are consistent with the terms of the Settlement and Mutual Release” for this case that the parties executed on or about August 9, 2018. This is an action for declaratory relief, quiet title, and injunctive relief. The parties prepared and signed a “Settlement Agreement and Mutual Release” that stated that the parties will enter into a judgment that states that, ...

Excerpt: ...er, is that the general rule is limited to those material facts properly pleaded, and does not apply to conclusions of fact or law. Moore v. Regents of University of California (1990) 51 Cal.3d 120, 125. For example, a bare allegation that an act is illegal, unlawful, unauthorized, wrongful, or fraudulent is a conclusion of law that need not be accepted as true. 4 Witkin, Cal. Procedure (4 th Ed. 1997) Pleading section 345, pp. 444-445. Additiona...

Excerpt: ...ions to the present motion addressing the issues raised below. Plaintiffs should not 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.4th 116, 129. 1. Sufficiency of Amount of Settlement ($1,250,000) The gross settlement amount...

Excerpt: ...proximately 65 mph through a school zone when her vehicle collided with the plaintiffs' automobile as Mr. McCuistion was attempting to make a left turn. In the collision the plaintiffs' vehicle flipped over into an irrigation ditch, killing plaintiff Jayden McCuistion and severe injuring the other plaintiffs. Investigation that plaintiffs' counsel conducted revealed that there had been more than 35 accidents at the intersection where the accident...

Excerpt: ...is denied. The Petition to Instruct Trustee must be re-noticed for hearing after transfer to Riverside County. Respondent's objections to evidence: Objections to the declarations of Stacey Ballantyne and Robin B. Young are overruled. Objections to the declaration of Cheri Lemons are sustained sustained as to objection 3 (on grounds of speculation, lack of foundation, and lack of personal knowledge) and overruled in all other respects. Objections ...

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.4th 116, 129. 1. Sufficiency of Amount of Settlement ($1,250,000) The gross settlement amount is $1,800,000. Plaintiff estimates the total number of class members is 735. Plaint...

Excerpt: ...0(c) based on plaintiff's failure to fully comply with the Court's June 25, 2019 order, and (2) why sanctions payable to the Court under CCP §177.5 in the amount of $1,500.00 should not be imposed against plaintiff Alan Joslin and his counsel Michael J. Montgomery of Montgomery -Steele based on plaintiff's disobedience of the Court's June 25, 2019 order. No CourtCall shall be permitted for this Order to Show Cause appearance. All parties have re...

Excerpt: ...ted/Complex. (2) Plaintiffs assert the matter should be designated complex under CRC 3.400 due to the number of parties and the volume of discovery. Answering Defendants do not oppose the motion. Plaintiffs are judgment creditors who in this action is seeking to hold Defendant entities liable for Plaintiffs' two judgments on alter ego theories. California Rules of Court Rule 3.400 provides guidance and notes the following factors are to be consid...

Excerpt: ...ion for Summary Judgment or in the Alternative, Summary Adjudication, and Motion to Strike Thereto are sustained. Defendants' Evidentiary Objections as to all other Items to which an objection has been raised in Defendants' Evidentiary Objections to Plaintiff's Evidence in Support of Opposition to Motion for Summary Judgment or in the Alternative, Summary Adjudication, and Motion to Strike Thereto are overruled. OPERATIVE FACTS This case involves...

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 ($547,500.00) The gross settlement amount is $$547,500.00 which was agreed to by the parties at mediation. Plaintiff estimates the total number of class members is 2,153. Plaintiff's investigation of Defenda...

Excerpt: ...pos crashed his 2002 Ford Mustang into a fence on plaintiff Megan Howard's property, causing damage to this fence, concrete pillars, a custom gate, and trees on her property The allegations identified in Ms. Howard's Second Amended Complaint (SAC) state that this accident was preceded by an altercation between Mr. Campos and his girlfriend, that Mr. Campos was driving at an excessive speed through a residential area. Mr. Campos fled from the acci...

Excerpt: ...hat all parties affected by this motion were given timely and proper notice. The Court has not received any response to this motion. This motion arises out of an accident where Intervenor Ace American Insurance Company paid workers' compensation benefits to plaintiff Reza Kamaleddin who was employed by Ace's insured C.R. England, Inc. By virtue of its payment of workers' compensation benefits to C.R. England's employee, Ace is subrogated to all o...

Excerpt: ...licable statute of limitations. Defendant further asserts Plaintiff's claims are barred for failure to comply with tort claim presentation requirements. On its face, Plaintiff's pleading asserts she was subject to sexual abuse while in high school from 1999 through 2003. Plaintiff asserts the last abuse occurred in 2003. Plaintiff further asserts the perpetrator used threats to intimidate Plaintiff from reporting the abuse. The First Amended Comp...

Excerpt: ... of this action is a family dispute as to who inherits title to a 1930 Ford Model A and a 1951 Ford Coupe automobiles. Plaintiff's father Paul Hamilton King. Jr. held sole and exclusive title to these antique cars when he died intestate in May of 2017. Plaintiff contends that it was his father's intent that plaintiff succeed to sole and exclusive title to these Fords at the time of his death. But where Mr. King Jr. died without a will, there is n...

Excerpt: ...ing on this matter to facilitate scheduling of this deposition. OPERATIVE FACTS: Jose Rivera is a plaintiff who claims injuries arising out of a motor vehicle accident. Mr. Rivera noticed the deposition of defendant/cross-defendant Lupe Rodriguez dba LGP AG SERVICES. On November 7, 2018, this court ordered Ms. Rodriguez to appear at a deposition within 20 days and pay monetary sanctions. Ms. Rodriguez did neither. Then on December 3, 2018, this c...

Excerpt: ...s moving papers letters from his physicians to document that he will soon be undergoing surgery and that the medical condition that requires this surgery limits his ability to travel. But these physician letters – even if drafted after plaintiff's July 2, 2019 ex-parte application and presented to this court for the first time in plaintiff's motion for reconsideration – offer no new information as to Mr. Hernandez's medical condition or his r...

Excerpt: ...blishes that the defendant Robert Rodriguez has failed to cooperate with their counsel in prosecution of his defense to this action. Specifically, Mr. Zavala states that he has been unable to effectively communicate with his client. and that there is a large unpaid balance for attorney fees due from Mr. Rodriguez to Mr. Zavala. However, California Rules of Professional Conduct, Rule 3-700 provides that an attorney “shall not withdraw from emplo...

Excerpt: ...the request. A demurrer tests whether a pleading states a cause of action or defense, and in the words of the California Supreme Court in Moore v. Regents of the Univ. of Cal. (1990) 51 Cal.3d 120, 125: “Accordingly, we assume that complaint's properly pleaded material allegations are true and give the complaint a reasonable interpretation by reading it as a whole and all of its parts in their context . . . we do not, however, assume the truth ...

Excerpt: ...nt to this order shall be made in the lead case. To further order that any trial in the consolidated action shall be bifurcated. The issue of alter ego liability of Metrocom, Inc. for obligations of Metrocom MDB, Inc., including whether Metrocom, Inc. was Plaintiff's employer, and whether Metrocom MDB, Inc. was the agent of Metrocom, Inc. are to be tried first. All evidence and argument on these issues will be presented and a decision reached bef...

Excerpt: ...t to modify the subpoena to include records from August 14, 2012 to present is granted; and (2) to Deny Plaintiff Ellie Wilson's Motion to Quash Ortega Defendants' Subpoena conditioned on the issuance of a protective order limiting disclosure of any records produced. (1) Defendant Porterville Unified School District issued a subpoena to Frony Ritter, MFT a health care professional for adult Plaintiff Emily Wilson. Plaintiffs move to modify the su...

Excerpt: ...t of a motion must consist of the following: (c) A memorandum in support of the motion or demurrer” California Rule of Court 3.1113(a) further mandates that “A party filing a motion, except for a motion listed in rule 3.1114, must serve and file a supporting memorandum. The court may construe the absence of a memorandum as an admission that the motion or special demurrer is not meritorious and cause for its denial and, in the case of a demurr...

Excerpt: ...uled. OPERATIVE FACTS On July 23, 2017, plaintiff Shirley Reed was walking with her grandchildren to look at a house that she might want to rent. This house was owned by defendant Blain and is located at 615 “Q” Street in Tulare, California. Mrs. Reed is legally blind. When walking on the sidewalk in front of defendant Blain's property, Mrs. Reed alleges she encountered a defect in this sidewalk that was created by a root of a tree that went ...

Excerpt: ...Frank Macaluso, Jr. is a radiologist who interpreted imaging studies (i.e. CT Scans, Ultrasounds, etc.) taken of plaintiff Mary Duarte before and after she underwent a laparoscopic gallbladder surgery on April 16, 2016. Ms. Duarte contends that she suffered physical pain and injury because Dr. Macaluso failed to discover defects in Ms. Duarte's cystic and hepatic ducts. On May 11, 2015, Dr. Macaluso evaluated an abdominal ultrasound taken of Ms. ...

Excerpt: ...(d) states that: “The court may, upon motion of the injured party, or its own motion, correct clerical mistakes in its judgment or orders as entered, so as to conform to the judgment or order directed, and may, on motion of either party after notice to the other party, set aside any void judgment or order.” Here, default was entered against defendant N.D.R. Companies, Inc. also known as NDR Companies, Inc. doing business as Nationwide Outside...

Excerpt: ...ons; (2) To Sustain Defendants' Demurrer to All Causes of Action to Plaintiff's Second Amended Complaint, without leave to amend. (1) Plaintiff seeks further responses from Defendant Pixley Medical Clinic to Plaintiff's Request for Production of Documents. Defendant opposes the motion. Plaintiff's motion is denied as to requests numbered 1 through 4. Defendant's objections to the requests are sustained. The requests are vague and overbroad. The r...

Excerpt: ...Plaintiff shall also pay monetary sanctions to defendant's counsel under CCP §2023.030(a), §2030.300(d) and §2031.300(c) in the amount of $896.00 within thirty days from the date of this ruling. This is a personal injury action that arises out of a slip and fall accident. Defendant propounded discovery to plaintiff (interrogatories and an inspection demand) to determine the amount of medical expenses that plaintiff's health insurer Humana / Di...

Excerpt: ...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 pe...

Excerpt: ...FACTS Jose Lopez (defendant in Case VCL #189368 and the plaintiff in Case VCU #278623) was approached by Guadalupe Lopez and Nora Lopez (plaintiff in Case VCL #189368 and the defendants in Case VCU #278623) in the mid-1990's on numerous occasions to take over the mortgage payments and related expenses on property owned by Guadalupe and Nora Lopez that is located at 4154 Avenue 400, Dinuba, California. Jose contends that Guadalupe and Nora agreed ...

Excerpt: ...plaint (TAC) alleges that he properly paid his property taxes by delivering a packet of documents to the County (the “discharging instrument” packet). This packet of documents did not include cash or any of the other statutorily accepted ways to pay property taxes under the Revenue and Taxation Code. Ramsey's property was designated for auction, but before the property could be sold Ramsey paid the delinquent $14,264.46 balance in taxes owed ...

Excerpt: ...g. This $960.00 includes the $480.00 that this court imposed as a sanction in its April 9, 2019 order. This is a personal injury case that arises out of a motor vehicle accident. On April 9, 2019, this Court ordered plaintiff Elyse Rodriguez to provide full and complete verified responses without objection to defendant's first sets of form and special interrogatories and first inspection demand within 30 days from the notice date of that ruling. ...

Excerpt: ...ra, and Grey Tompkins with prejudice under CCP §581(f)(1). Plaintiff's Request for Judicial Notice is granted under Evidence Code §452(c) Defendants' request for Judicial Notice is also granted under Evidence Code §452(c). This action involves a dispute over three separate public works contracts between Plaintiff and Defendant County of Tulare. Plaintiff asserts it is due at least $637,512.99 under the contracts plus interest, costs, attorneys...

Excerpt: ...tion for summary judgment (MSJ) was given to all affected parties. The Court has not received any response to this MSJ. This MSJ arises out of a collection action brought by plaintiff Discover Bank to enforce a credit card obligation due to Discover Bank from defendant Melissa A. Espinosa in the amount of $4,117.50. Plaintiff Discover Bank pleads causes of action for open book account, account stated, goods sold and delivered, and credit extended...

Excerpt: ...n that plaintiff and cross-defendant Harbottle Law Firm filed to recover attorney fees that are due and owing from defendant and cross-complaint Nadeeka Dedigama to Harbottle Law Firm for its representation of Ms. Dedigama in a marriage dissolution action. Ms. Dedigama responds with a cross-complaint that charges that Harbottle negligently breached the terms of Ms. Dedigama's retainer agreement with this law firm when it failed to take action to ...

Excerpt: ...not submit the entire motion and initial declaration 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.4th 116, 129. 1. Sufficiency of Amount of Settlement ($1,250,000) The gross settlement amount is $1,250,000.00. Plaintiff estimates the total number of class members is 132. P...

Excerpt: ... v. E. & J. Gallow 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 to conclusions of fact or law. Moore v. Regents of University of California (1990) 51 Cal.3d 120, 125. For example, a bare allegation that an act is illegal, unlawful, unauthorized, wrongful, or fraudulent is a conclusion of law that need not be accepted as true. 4 Witkin, ...

Excerpt: ... zone when her vehicle collided with the plaintiffs' automobile as Mr. McCuistion was attempting to make a left turn. In the collision the plaintiffs' vehicle flipped over into an irrigation ditch, killing plaintiff Jayden McCuistion and severe injuring the other plaintiffs. Investigation that plaintiffs' counsel conducted revealed that there had been more than 35 accidents at the intersection where the accident happened (Route 140 (Lovers' Lane)...

Excerpt: ...ng 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 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 movin...

Excerpt: ...ject of this action has not yet been surrendered to the defendants and/or why the terms of the settlement that is the subject of this motion have not yet been satisfied. This is a continued hearing from a motion that was originally calendared for hearing on May 21, 2019. The terms of the settlement that is the subject of this motion include an agreement that FCA US LLC would repurchase plaintiff's Jeep Cherokee. At this previous hearing, defendan...

Excerpt: ...15, the parties stipulated under a settlement agreement that provided for defendant to pay to Ford Motor Credit Company LLC the sum of $13,324.48 by periodic payments with an interest rate of 5.90% until the balance on this obligation is paid in full. At the time that FMCC brings this present motion the balance due on this debt is $8,929.77. Defendant defaulted under the terms of this stipulated settlement agreement on January 30, 2018. This sett...

Excerpt: ...cident that occurred on August 4, 2018 at 1:19 a.m. While intoxicated, defendant Billy Ray Campos crashed his 2002 Ford Mustang into a fence on plaintiff Megan Howard's property, causing damage to this fence, concrete pillars, a custom gate, and trees on her property The allegations identified in Ms. Howard's First Amended Complaint (FAC) state that this accident was preceded by an altercation between Mr. Campos and his girlfriend, that Mr. Campo...

Excerpt: ...riguez shall provide full and complete verified responses without objection to plaintiff's form interrogatories, set one within 20 days from the notice of this ruling. (2) To grant plaintiff's motion to deem admitted plaintiff's requests for admissions, set one, to defendant Robert Rodriguez. Items 1-8 of plaintiff's first set of requests for admissions to defendant Robert Rodriguez shall be deemed admitted, and Exhibit “A” attached to plaint...

Excerpt: ...at arises out of defendant Thuyyy Pham's default on a loan that he obtained from plaintiff Discover Bank. Discover Bank's complaint pleads causes of action for open book account, account stated, money paid, money lent, and for a loan that Discover Bank issued to Thuyyy Pham that required periodic payments. AUTHORITY AND ANALYSIS A plaintiff moving for summary judgment (MSJ) must make a prima facie showing that there are no triable issues of fact ...

Excerpt: ...ound of insufficiency of the evidence to justify the verdict or other decision, nor upon the ground of excessive or inadequate damages, unless after weighing the evidence the court is convinced from the entire record, including reasonable inferences therefrom, that the court or jury clearly should have reached a different verdict or decision.” This court cannot reach the conclusion that the jury should have reached a different verdict. In this ...

Excerpt: ...endant Tulare County Resource Management Agency as to all causes of action, without leave to amend. Plaintiff's Request for Judicial Notice is Granted. Defendants' Request for Judicial Notice is Granted. This action involves a dispute over three separate public works contracts between Plaintiff and Defendant County of Tulare. Plaintiff asserts it is due at least $637,512.99 under the contracts plus interest, costs, attorneys' fees and penalties. ...

Excerpt: ...aint (SAC) appears to allege that he properly paid his property taxes by delivering various documents to Tulare County that plaintiff labels the “discharging instrument” packet. This packet of documents did not include any payment in cash or any of the other statutorily accepted ways to pay property taxes. Plaintiff's property was designated for auction, but before the property could be sold the plaintiff paid the delinquent $14,264.46 balanc...