Excerpt: ...salia, California 93292. The lease called for monthly payments of $1,200.00. Defendant has not paid this rent since May of 2019. The total arrears to date are $12,400.00. On or about September 24, 2019, plaintiff served by mail and posting a three-day notice to pay rent or quit under CCP §1161 et seq. When defendant did not respond to this three-day notice. plaintiff then filed this present action and served the summons and complaint on defendan...

Excerpt: ...tive Motion for Summary Adjudication as to all issues submitted; and (2) To Grant Plaintiffs' Motion to Compel Deposition Attendance and Production of Documents of Defendant's Most Knowledgeable and Custodian of Records, to Order Defendant to produce its person most knowledgeable and its custodian of records for deposition at the date, time, and location specified by Plaintiff on not less than five (5) days-notice, and to Order Defendant to pay t...

Excerpt: ...efendants. Plaintiff's pleading remains inadequate and is insufficient to state any claim. Plaintiff's current pleading fails to provide clarification and factual support for any claims he might have, deficiencies which have been pointed out to Plaintiff by the court in its prior rulings sustaining demurrers (rulings of April 30, 2019 and July 16, 2019). Plaintiff's pleading continues to consist of rambling legal conclusions with no or only parti...

Excerpt: ...s raised in this ruling. Plaintiff should not submit the entire motion and supporting documents a second time. 1. Sufficiency of Settlement Amount ($240,000.00) Sufficient information has been submitted for the to determine the settlement is fundamentally fair, reasonable, and adequate with reference to the public policies underlying PAGA. (O'Connor v. Uber Technols., Inc. (2016) 201 F.Supp.3d 1110, 1113.) Plaintiff asserted wage statement violat...

Excerpt: ...e in the file indicates notice of the motion was adequate. No response to the motion has been filed within the time specified under CCP 437c(b)(2). In this action Plaintiff seeks to recover amounts claimed due on a credit card account. Defendants answered the Complaint by general denial with affirmative defenses. The evidence submitted by Plaintiff in support of its summary judgment motion is sufficient to establish that Defendants opened a credi...

Excerpt: ...Service Corporation's demurrer to plaintiff's first amended complaint without leave to amend is procedurally and substantively without merit on multiple fronts. California Rule of Court 3.1113(a) provides 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 an...

Excerpt: ... of a landlord-tenant dispute as to whether leaseholder Pedro Castellano or landlord Jason C. Davis, Sr. is responsible for the cost of repair to return this apartment to the condition that it was in when Mr. Castellano signed this lease. The purpose of this lease was to house players from the COS football team. Mr. Castellano paid to Mr. Davis $1,675.00 as a security deposit. Before these football players moved into Mr. Davis's apartment, Messrs...

Excerpt: ...d collectively as “DSCC”) Request for Judicial Notice is denied in part as to “Exhibit A” and granted as to “Exhibit B” under Evidence Code §452(d). Defendants' Request for Judicial Notice as to “Exhibit A” is granted only as to the date of filing of the documents on file with the Court for this action and as to minute orders and other orders for this case that appear in the Court's file. Except for orders from the Court that app...

Excerpt: ...ses (one which was filed in this county and the other case that has been transferred to this court by order of Superior Court of Los Angeles County). Both cases arise out of the same January 9, 2017 automobile accident on Conyer St. in Visalia, and the named defendants in both these cases are the same. CCP §1048(a) states that “When actions involving a common question of law or fact are pending before the court, it may order a joint hearing of...

Excerpt: ...r these cases shall be filed in case VCU 277037 as the lead case for this consolidated action. These cases shall also be set for a Status Conference on a date to be set by the Clerk of the Court. Proper notice of this motion was given to all parties. There has been no response to this motion. OPERATIVE FACTS These two actions that the defendants seek to consolidate arise out of the same traffic collision that occurred on March 4, 2017 on Road 60 ...

Excerpt: ...n. Plaintiff Definitive Staffing Solutions, Inc. seeks leave to file a Third Amended Complaint (TAC) to name TS Dynamic Corp. as a new defendant to this case based on responses to discovery that plaintiff recently received that indicate that TS Dynamic is a proper defendant to this action. TS Dynamic is another alter-ego entity of defendants Troy Sibel and Christopher Rangel. Information that plaintiff recently obtained indicates that TS Dynamic ...

Excerpt: ...es and entitled to recover attorneys' fees pursuant to Civil Code 1794(d). Plaintiffs seek a total of $49,895.05 in fees. Defendant opposes the motion asserting the fees requested are unreasonable and excessive under the circumstances of this action. Prior to litigation, Plaintiffs made a repurchase demand. Defendant responded with a demand to inspect the vehicle. It does not appear that either party engaged in many other reasonable efforts to re...

Excerpt: ...e signs on the east side of northbound Highway 65 to advise drivers of a crosswalk in the area where the accident happened. These signs also had attached lights that flashed when someone presses the button to indicate that someone is trying to cross the roadway within the crosswalk. On Highway 65 north of Sequoia Avenue there were signs posted to control southbound traffic at a 35 mph speed limit, a sign to indicate a crosswalk is ahead, and an a...

Excerpt: ...ement agreement that provided that judgment in the sum of $27,844.44 would not be entered against defendant Seth Schulz so long as he paid to plaintiff Ford Motor Credit Company the minimum monthly sum of $300.00 from September 20, 2017 through August 20, 2019, followed by the minimum monthly sum of $400.00 from September 20, 2019 forward until the balance due of $27,844.44, plus interest at 5.9% was paid in full. This settlement agreement also p...

Excerpt: ...ot.” (italics added) Costs recoverable under §1032 are restricted to those that are both reasonable in amount and reasonably necessary to the conduct of the litigation [(CCP1033.5(c)(2) and (c)(3)] Costs “merely convenient to its preparation” are disallowed. See CCP §1033.5(c)(2); Ladas v. California State Auto. Association (1993)19 Cal.App.4th 761,774 This is an action for injunctive relief where defendant Christopher Renfro was the prev...

Excerpt: ... barred for failure to comply with tort claim presentation requirements and are time barred. Plaintiff's preliminary factual allegations are unchanged. Plaintiff asserts she was subject to sexual abuse while in high school and thereafter, 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. As in the First Amended Complai...

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

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

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

Excerpt: ...s accident, the parties were required to obtain a court order to approve the settlement that the parties reached to resolve this case. The parties agreed in this settlement agreement that the provisions of this agreement (most specifically the financial details) were intended to be kept confidential to avoid the substantial and severe prejudice would inure to the defendant Student Transportation of America in pending and subsequent actions where ...

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

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

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

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

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

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

Excerpt: ... judicial notice but denied as to Exhibit A. Except for orders from the Court that appear in the Court's file for this case, the Court denies request for judicial notice as to the contents of plaintiff's third amended complaint and other documents in the Court's file for this action as inadmissible hearsay. See Day v. Sharp (1975) 50 Cal.App.3d 904, 914; Fremont Indemnity Co. v. Fremont General Corp. (2007) 148 Cal.App.4th 97, 113. The court may ...

Excerpt: ...The root 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, th...

Excerpt: ... that Mr. Gonzalez owed to FMCC in the principal amount of $15,765.16 plus interest at the rate of 4.49% per annum. The stipulation provided that Mr. Gonzalez would make monthly payments to FMCC in the amount of $200.00. Interest on the balance due under this stipulation would accrue at the 4.49% per annum. The stipulation also provided that in the event of a default that FMCC to move this court under CCP 664.6 to enter judgment in the amount due...

Excerpt: ...South Mack Grinding. Defendants shall have twenty days' leave to answer the plaintiff's complaint OPERATIVE FACTS In September 2012, plaintiff J. Mack Ent., Inc. (“Mack”) rented a Wirtgen Milling Machine from SC Services, Inc. (“SC”). Then in October of 2012, Mack was involved in an accident that allegedly damaged the Wirtgen. Mack tendered SC's claim to its insurance broker Donald F. Sharp (Mack alleges in its Third Amended Complaint for...

Excerpt: ...14. 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, Cal. Procedure (4th Ed. 1997) Pleading section 345, ...

Excerpt: ... a 2015 Chrysler 200 from a dealership for defendant FCA US LLC on or about February 12, 2016. FCA US LLC is the manufacturer of this 2015 Chrysler 200. Upon receipt of this automobile, plaintiffs became aware of an electrical defect in car that caused, among other things, inoperable turn signals, instrument cluster failure, failure to start or difficultly starting the engine, and failure of the radio. Plaintiffs brought her 2015 Chrysler 200 to ...

Excerpt: ...The root 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, th...

Excerpt: ...South Mack Grinding. Defendants shall have twenty days' leave to answer the plaintiff's complaint OPERATIVE FACTS In September 2012, plaintiff J. Mack Ent., Inc. (“Mack”) rented a Wirtgen Milling Machine from SC Services, Inc. (“SC”). Then in October of 2012, Mack was involved in an accident that allegedly damaged the Wirtgen. Mack tendered SC's claim to its insurance broker Donald F. Sharp (Mack alleges in its Third Amended Complaint for...

Excerpt: ...14. 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, Cal. Procedure (4th Ed. 1997) Pleading section 345, ...

Excerpt: ... western portion of the divided property. Plaintiff's complaint alleges that he enjoyed an easement to use a 15' wide road that travels up from Avenue 336 where the boundary between the two divided parcels was located. At a mandatory settlement conference on August 13, 2018, the parties agreed to a settlement of this action. Plaintiff's attorney stated the terms of this settlement on the record before the court, and Plaintiff confirmed his unders...

Excerpt: ...l de novo in this case. Ms. Gonzalez seeks to vacate the judgment of this court because she contends that she did not receive notice of the defendants' appeal of the small claims judgment nor the February 28, 2019 trial de novo because she was not personally served with either the notice of appeal nor the date of the trial de novo. The judgment was mailed to the address she used throughout the proceedings as was the notice of appeal and the court...

Excerpt: ...nica Gomez and defendant Jose Raul Garcia purchased jointly with each acquiring an undivided one-half interest in the property. The duplex was encumbered by a purchase money mortgage currently serviced by PennyMac Loan Services, LLC. This mortgage is in the name of defendant Garcia but plaintiff's interest in the property is of a record title holder. Plaintiff offered to buy Mr. Garcia's interest in this duplex for the sum of $10,000. Plaintiff p...

Excerpt: ...bandonment of patient, and negligence of nurse causes of action. Defendants' demurrer is sustained without leave to amend as to plaintiff Christopher Renfro's res ipsa loquitor, breach of contract, intentional infliction of emotional distress and false light causes of action. Defendants' “Motion to Strike Improper Prayer for Punitive Damages and “Retraining” is granted as to “retraining” as per Civil Code §3333.1 and 3333.2. Defendants...

Excerpt: ...s request for judicial notice and Item #1 of plaintiff's request for judicial notice are granted only as to the date of filing of these documents. Except for orders from the Court that appear in the Court's file for this present case or the Hernandez v. Metrocom MDB case, the Court cannot take judicial notice as to the contents of documents in the Court's file in this present case and/or the Hernandez v. Metrocom MDB case his action as the conten...

Excerpt: ...s request for judicial notice and Item #1 of plaintiff's request for judicial notice are granted only as to the date of filing of these documents. Except for orders from the Court that appear in the Court's file for this present case or the Hernandez v. Metrocom MDB case, the Court cannot take judicial notice as to the contents of documents in the Court's file in this present case and/or the Hernandez v. Metrocom MDB case his action as the conten...

Excerpt: ...nica Gomez and defendant Jose Raul Garcia purchased jointly with each acquiring an undivided one-half interest in the property. The duplex was encumbered by a purchase money mortgage currently serviced by PennyMac Loan Services, LLC. This mortgage is in the name of defendant Garcia but plaintiff's interest in the property is of a record title holder. Plaintiff offered to buy Mr. Garcia's interest in this duplex for the sum of $10,000. Plaintiff p...

Excerpt: ...bandonment of patient, and negligence of nurse causes of action. Defendants' demurrer is sustained without leave to amend as to plaintiff Christopher Renfro's res ipsa loquitor, breach of contract, intentional infliction of emotional distress and false light causes of action. Defendants' “Motion to Strike Improper Prayer for Punitive Damages and “Retraining” is granted as to “retraining” as per Civil Code §3333.1 and 3333.2. Defendants...

Excerpt: ...andez moves this court to “reconsider” its ruling on February 26, 2016 that indicated that the parties had waived a jury trial based on the failure to post jury fees. The statute at issue in this matter is CCP §631(g) that states that “The court may, in its discretion upon just terms, allow a trial by jury although there may have been a waiver of a trial by jury.” Generally, the grounds upon which relief from the waiver of a jury trial w...

Excerpt: ...urt also notes that a default was entered against defendants KLX, Inc. and Peoplease LLC on February 8, 2019. Plaintiffs contend they should be certified as a class for purposes of litigating their common interests in this case. Plaintiffs are entitled to certification as a class if they can establish (1) there is an ascertainable class, and (2) there is a well-defined community of interests for all of the class members in the questions of law an...

Excerpt: ... There has been no response to this motion. This is a construction defect action where the plaintiffs have agreed to accept the sum of $2,368.42 from cross-defendant FPPI in exchange for a release of all claims arising out of FPPI's work on the properties at issue in this action. Plaintiffs have also agreed to release Centex Homes from all liability arising out of the work performed by FPPI on the properties at issue in this action. This settleme...

Excerpt: ...do less a credit of $15,000 against the $50,000 judgment entered against them for payments against this judgment that the defendants have made in partial satisfaction of the stipulated judgment that is the subject of this motion. This is an action for breach of contract and quantum that arises out of a contract between plaintiff Impax Automation, LLC and defendants Visalia Dairy Co., Mark D. Acevedo, Leonard Vandenberg. Mike Ramirez, and Daniel Q...

Excerpt: ...plaint. The Court has not received any response to this motion. Plaintiff Discover brings this action to recover on a delinquent credit card obligation owed to it by defendant Alvarez in the principal sum of $2,338.38. Plaintiff's complaint pleads causes of action for the common counts of open book account and account stated. Defendant Alvarez's answer to Discover's complaint does not contest any of the allegations raised in the plaintiff's compl...

Excerpt: ...rayers for Punitive Damages. Based on the opposition, it appears Plaintiff has agreed there is no basis stated in the First Amended Complaint to recover attorney's fees and costs. A motion to strike claims for punitive damages is appropriate where the subject pleading does not support such claims as a matter of law. (Commodore Home Systems, Inc. v. Superior Court (1982) 32 Cal.3d 211, 214-215.) Defendants assert Plaintiff's First Amended Complain...

Excerpt: ...ll provide full and complete verified responses to these document requests without objection within thirty days from the service of the notice of this ruling. Judgment debtor Brookfield Box Company, Inc. shall also pay monetary sanctions in the amount of $840.00 to judgment creditor's counsel within thirty days after service of the notice of this ruling for this motion as required under CCP§2023.030(a), CCP §2030.290(c), and CCP §2031.300(c). ...

Excerpt: ... for quiet title, fraud/deceit, conversion, and quantum-meruit/unjust enrichment. Plaintiff Beatriz Romero Gonzalez alleges that she has a half interest in two parcels of land located in Earlimart, California. Ms. Gonzalez states that the basis for her interest in these properties are Grant Deeds that convey these two parcels to Ms. Gonzalez's deceased husband Ramon Velasco Rodriguez and the daughter of defendant Vidal Barreto Velasco. Ms. Gonzal...

Excerpt: ...akov Dulcich & Sons seeks to tax costs of $297.00 associated with deposition costs; $235.00 in service costs, and $8,734.00 paid to a jury consultant. Deposition Costs. The $235.00 arises out of the cancellation of a room reservation that arose out of a failed attempt to depose defendant Dulcich's person most qualified as to this defendant's safety policies and procedures and training of its employees. Given that this deposition was to be conduct...

Excerpt: ...vious pleadings or amendments;(2) State what allegations in the previous pleading are proposed to be deleted, if any, and where, by page, paragraph, and line number, the deleted allegations are located; and (3) State what allegations are proposed to be added to the previous pleading, if any, and where, by page, paragraph, and line number, the additional allegations are located. California Rule of Court 3.1324(b) further requires that “A separat...

Excerpt: ... Following a telephone conference between respective counsel, defendant's counsel agreed to accept service of the summons and complaint through notice of acknowledgement and receipt. When defendant's counsel received the service package, he noticed that the exhibits to the plaintiff's complaint were missing. Defendant's counsel contacted plaintiff's counsel who e-mailed these exhibits to defendant's counsel. Defendant's counsel signed, but never ...

Excerpt: ...no response to this motion. This is a personal injury action for negligence, negligence per se, and statutory liability that arises out of a traffic accident between a 2000 Lincoln LS sedan and automobile driven by plaintiff Ludvin Gonzalez Lopez and a 2007 flatbed freight vehicle driven by defendant Jose Manuel Carrillo. Plaintiff filed his complaint on June 29, 2018. At the time of the accident, defendant Carrillo was acting in the course and s...

Excerpt: ...y defendant Kings County Water District within 30 days from the notice of this ruling. OPERATIVE FACTS On April 26, 2018, this Court entered a judgment that resolved the plaintiff Kings River Agricultural Property Owners Association's (“KRAPOA”) Second Amended Complaint and defendant Kings County Water District's (“the District”) First Amended Cross- Complaint. On July 16, 2018, the parties settled all of the issues raised in this present...

Excerpt: ...defendant Mary Ann Ferraro to plaintiffs' first amended complaint by treating it as a plea in abatement, and staying this action pending a full and final resolution of case #PCU 261738. To deny as unripe defendants Pleasant Valley Canal Company and Richard Waller's motion to strike punitive damages from plaintiff's first amended complaint. Defendant Mary Ann Ferraro's Request for Judicial Notice is granted under Evidence Code §452(d). Defendants...

Excerpt: ...andum. 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 demurrer, as a waiver of all grounds not supported.” The court notes that plaintiff-in-intervention Employers Assurance Company's did not file or serve a memorandum of points and authorities in support of its motion for leave to file complaint-in- intervention. Accordingl...

Excerpt: ...approximately a day and a half before returning its verdict. They retired to deliberate on the afternoon of December 18, 2018, and returned their verdict just before 11:00 on December 20th. 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...

Excerpt: ...any other time) as her counsel represented to this court at the February 26, 2019 hearing on the City's ex-parte application that Ms. Reed would indeed do so, plaintiff shall pay monetary sanctions under CCP §2023.030(a) and CCP §2025.450(g)(1) in the amount of $1,560.00 to counsel for the City of Tulare within thirty days from the notice of this ruling. Plaintiff's counsel shall also coordinate with the City of Tulare a date certain for Ms. Re...

Excerpt: ... this order. Plaintiffs' Second Amended Complaint (“SAC”) was filed January 9, 2019 asserting as a class action seven (7) wage and hour causes of action and a PAGA claim. Defendant demurs to the SAC and alternatively moves to strike the class action allegations from the SAC. For purposes of a demurrer all properly plead facts and those reasonably arising by implication must be accepted as true. Couglas v. E. & J. Gallow Winery(1977) 69 Cal.Ap...

Excerpt: ...ce is granted as Exhibit “A and denied as to Exhibit “B.” Defendants' Request for Judicial Notice is granted only as to the date of filing of the referenced complaint and answers 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 authorizes the right to judicial notice, the Court d...

Excerpt: ...ately 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 happe...

Excerpt: ...ful action arising out of the death of decedent Lorna McIntryre. Plaintiffs contend that Mrs. McIntrye died as the result of negligent medical treatment that the defendants provided to Mrs. McIntrye Defendant Linda Herman MD now moves the court for summary judgment on two grounds: (1) she argues that the applicable statute of limitation as to Dr. Hernan expired at best on January 14, 2018 and plaintiffs did not perfect their claim against her or ...

Excerpt: ...sufficient to establish there remain triable issues of material facts concerning the extent of needed repairs, the causes of problems giving rise to the need for repair, and notice to Plaintiff of the need for repair. Under the circumstances the court cannot conclude Defendant is entitled to judgment as a matter of law and the motion must be denied. If no one requests oral argument, Plaintiff shall submit a proposed order in compliance with CCP s...

Excerpt: ...e service of the moving papers for this motion on the plaintiff. The Court has not received any response to this motion. The supporting declaration of attorney Arelia O. Keller indicates that the plaintiff Timothy Eggleston has refused to cooperate with his counsel in the prosecution of his case, and has failed to respond from repeated inquiries Ms. Keller's office to contact them to assist them in the management of their case. But Ms. Keller's d...

Excerpt: ...tial lease. Fortune filed its complaint in this action on February 27, 2018 after serving Mr. Garcia with a 60-day notice to quit on December 11, 2018. Plaintiff's complaint does not identify any past rent due from Mr. Sabian. Plaintiff only seeks monetary damages in the amount of $36.66 per day for the fair rental value of the property. Mr. Sabian's demurrer is based on his contention that plaintiff inaccurately served him with the notice to qui...

Excerpt: ... County employee operating an automobile owned by Tulare County. As such, Ms. Gomez's government claim for damages had to be filed with Tulare County no later than six months forward, or August 7, 2018. But neither Ms. Gomez or the attorneys she retained (the Maison Law Group) timely submitted a government tort claim to Tulare County. The insurance carrier for Ms. Gomez (Infinity Insurance) filed a claim with Tulare County for property damage on ...

Excerpt: ...ed responses without objection to plaintiff's first inspection demand within twenty days from the notice of this ruling; (2) Plaintiff's motion for requests for admissions be deemed admitted is granted. The facts and allegations identified in plaintiff's request for admissions 1-28, Set One to defendants Mary D. Jones and Brenda Holley shall be deemed admitted. (3) Plaintiff's motion to compel responses from defendants Mary D. Jones and Brenda Ho...

Excerpt: ...plaint Tentative Rulings: (1) To Overrule the Demurrer by Defendants Dynamic Insurance Solutions, Inc., Dynamic Integrated Systems Solutions, Inc., and Troy Sibel to Plaintiff's Second Amended Complaint as to all causes of action and (2) To Deny the Motion by Defendants Dynamic Insurance Solutions, Inc., Dynamic Integrated Systems Solutions, Inc. and Troy Sibel to Strike Portions of Plaintiff's Second Amended Complaint. Defendants shall file thei...

Excerpt: ...smissed the plaintiff's case without prejudice based on the plaintiff's failure to enter the default of the defendant. CCP §473(b) states in relevant part that: Notwithstanding any other requirements of this section, the court shall, whenever an application for relief is made no more than six months after entry of judgment, is in proper form, and is accompanied by an attorney's sworn affidavit attesting to his or her mistake, inadvertence, s...

Excerpt: ...is 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 no docu...

Excerpt: ... set one of demand for identification and inspection of documents; request for sanctions [CCP §2030.010, 2023.010 (2) To grant defendants' motion to compel responses to set one of form interrogatories and set one of special interrogatories; request for sanctions [CCP §2030.010; 2023.010] Plaintiff shall provide full and complete verified responses to these interrogatories and inspection demands without objection within twenty days from the noti...

Excerpt: ...rom September 2015 through April of 2016. Plaintiff's complaint pleads causes of action for (1) breach of contract; (2) damages for failure to pay wages; (3) damages for inaccurate wage statement; (4) damages for failure to reimburse; (5) damages for failure to pay wages upon termination; and (6) liquidated damages under Labor Code §1194.2. On December 5, 2018, the parties participated in a mediation before the Honorable Howard Broadman. This me...

Excerpt: ...f's car. Plaintiff directed a process server to personally serve defendant Campos at 827 N. Highland Avenue, Visalia, California. The process served attempted personal service on Mr. Campos at this address on November 2 and 3, 2018. After two failed attempts to personally serve the defendant at this address, the process server gave the summons and complaint to one Kim Weiss on November 5, 2018. Ms. Weiss resided at this 827 N. Highland Avenue, Vi...

Excerpt: ... attorney fees. Plaintiff Eden Produce Co., Inc. shall pay the sum of $24,339.32 in attorney fees and costs within 30 days from notice of this ruling. Both motions were properly and timely noticed. There has been no response to either motion. Motion to be Relieved as Counsel ‐Civil The Court finds that moving party attorney Leonard C. Herr and Herr, Pedersen, & Berglund LLP have complied with the provisions of California Rule of Court 3.1362 an...

Excerpt: ...alleged wage and hour violations. The parties participated in mediation and reached an agreement to settle plaintiff's class claims. The class consists of 575 current and former employees of Defendants. The gross settlement amount is $750,000.00. If all of plaintiff's requested deductions are approved, the net settlement for distribution to class members would be $450,000.00 Plaintiff has not submitted sufficient information for this court to mak...

Excerpt: ...ute 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 Defendant's 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 General Corp. (2007) 148 Cal.App.4th 97, 113. OPERATIVE FA...

Excerpt: ...this hearing and file a proof of service with the court. 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 that is at issue in this motion. 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...

Excerpt: ...ay his overdue property taxes by giving various documents to the Tulare County Tax Assessor. Plaintiff identifies these documents in his complaint as “the discharging instrument packet.” But plaintiff's amended complaint does not state that the documents in this packet included cash on any of the other statutorily acceptable procedures required to pay his property taxes. Mr. Ramsey also asserts in his complaint that the defendants were requir...

Excerpt: ...resolution of the litigation in the Kern County Superior Court action Dave Meza v. Pacific Bell Telephone Co., Case Number BCV-15101572. Defendant shall file its answer to the Corrected First Amended Complaint within ten (10) days of this order. Defendant asserts Plaintiff's action is barred due to a prior certified class action pending in Kern County Superior Court against Defendant in which Plaintiff is a class member and which asserts the same...

Excerpt: ...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, Cal. Procedure (4 th Ed. 1997) Pleading sec...

Excerpt: ...though Plaintiff asserts a number of the submitted facts are disputed, Plaintiff submits no evidence or case authority to support her assertions. As a result, the majority of Defendant's submitted facts are undisputed. 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 b...

Excerpt: ... the Court cannot take judicial notice as to the contents of documents in the Court's file for this action as the contents of these documents constitute inadmissible hearsay. See Day v. Sharp (1975) 50 Cal.App.3d 904, 914; Fremont Indemnity Co. v. Fremont General Corp. (2007) 148 Cal.App.4th 97, 113. The court has considered the response in this matter despite moving party's contention it was untimely. Defendant had adequate time to review the re...

Excerpt: ...zalez Lopez and a 2007 flatbed freight vehicle driven by defendant Jose Manuel Carrillo. Plaintiff filed his complaint on June 29, 2018. At the time of the accident, defendant Carrillo was acting in the course and scope of employment with defendant Ramco Enterprises, LP. Defendant Carrillo states in his declaration that the plaintiff's summons and complaint for this action was first accidently served on his father Jose Maria Carrillo and subseque...

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

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

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

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

Excerpt: ...admitted. Mr. Zarabi shall also pay monetary sanctions under CCP § 2023.030 and §2033.280(c) in the amount of $460.00 within thirty days from the notice of this ruling. The Court notes that this discovery motion was timely noticed and served on defendant Zarabi at the address of his counsel as identified in his answer to plaintiff's complaint The Court has not received any response from defendant to this discovery motion. Exhibit “A” to the...

Excerpt: ...following findings: 1. Under the Preliminary Approval Order, the Notice of Class Action Settlement (hereinafter referred to as the "Notice") was mailed to all members of the Class by first-class U.S. mail. The Notice informed the Class of the terms of the Settlement, of their right to receive their proportional Settlement Payment, of their right to request exclusion from the Class and the Settlement, of their right to comment upon or obje...

Excerpt: ...t 10:00 a.m. at 729 N. Medical Center Drive #101-West, Clovis, Ca. 93611. OPERATIVE FACTS This action arises out of injuries sustained in two separate and distinct motor vehicles that occurred on November 6, 2015 and March 10, 2017 respectively. As a result of these two accidents, plaintiff Sabra Galloway claims injuries including a neck injury, 3 fractured ribs, a fractured clavicle, left hand pain, left shoulder pain, and left foot pain. Defend...

Excerpt: ...g the construction and effect of supporting and opposing papers. (Tsemetzin v. Coast Federal Savings & Loan Assn. (1997) 57 Cal.App.4th 1334, 1342.) 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 ...

Excerpt: ... to the motion for judgment on the pleadings for the purpose of determining if an agreement can be reached that resolves the claims to be raised in the motion for judgment on the pleadings. If an amended pleading is filed, the responding party shall meet and confer again with the party who filed the amended pleading before filing a motion for judgment on the pleadings against the amended pleading. (1) As part of the meet and confer process, the m...

Excerpt: ... (Stop Youth Addiction, Inc. v. Lucky Stores, Inc. (1998) 17 Cal.4th 553, 558; People ex rel. Lungren v. Superior Court (1996) 14 Cal.4th 294, 300.) However, the assumption of truth does not apply to contentions, deductions, or conclusions of law and fact. (Id. at pp. 300- 301; Moore v. Regents of University of California (1990) 51 Cal.3d 120, 125.) The court considers all matters which properly may be judicially noticed. (Blank v. Kirwan (1985) ...

Excerpt: ...t 10:00 a.m. at 729 N. Medical Center Drive #101-West, Clovis, Ca. 93611. OPERATIVE FACTS This action arises out of injuries sustained in two separate and distinct motor vehicles that occurred on November 6, 2015 and March 10, 2017 respectively. As a result of these two accidents, plaintiff Sabra Galloway claims injuries including a neck injury, 3 fractured ribs, a fractured clavicle, left hand pain, left shoulder pain, and left foot pain. Defend...

Excerpt: ...g the construction and effect of supporting and opposing papers. (Tsemetzin v. Coast Federal Savings & Loan Assn. (1997) 57 Cal.App.4th 1334, 1342.) 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 ...

Excerpt: ... to the motion for judgment on the pleadings for the purpose of determining if an agreement can be reached that resolves the claims to be raised in the motion for judgment on the pleadings. If an amended pleading is filed, the responding party shall meet and confer again with the party who filed the amended pleading before filing a motion for judgment on the pleadings against the amended pleading. (1) As part of the meet and confer process, the m...

Excerpt: ... (Stop Youth Addiction, Inc. v. Lucky Stores, Inc. (1998) 17 Cal.4th 553, 558; People ex rel. Lungren v. Superior Court (1996) 14 Cal.4th 294, 300.) However, the assumption of truth does not apply to contentions, deductions, or conclusions of law and fact. (Id. at pp. 300- 301; Moore v. Regents of University of California (1990) 51 Cal.3d 120, 125.) The court considers all matters which properly may be judicially noticed. (Blank v. Kirwan (1985) ...

Excerpt: ...ccessor in interest to American Sterling Bank as holder of a promissory note executed by Defendant Rachel L. Welman in 2006. The note was secured by a second deed of trust encumbering real property. According to Plaintiff, the senior first trust deed was foreclosed on February 21, 2008 (Paras Decl., paragraph 11.) Plaintiff has not asserted Defendant made payments or otherwise performed on the note after February 21, 2008. Plaintiff asserts it �...