Excerpt: ...efendant's Motion for Summary Adjudication of Plaintiff's Third Cause of Action for Negligence. (1) On October 30, 2020 the court issued its initial order for a visual inspection of Defendant's property. As part of its order, the court set a further hearing on Plaintiff's motion. There is no additional tentative ruling. The parties are directed to appear prepared to address the status of the preliminary inspection and be prepared to discuss any f...

Excerpt: ... shall pay all fees and costs required by JAMS to initiate a consumer arbitration proceeding. In his Complaint, Plaintiff asserts he purchased a used motor vehicle and that the seller failed to disclose prior structural damage as a result of which Plaintiff suffered damages. Plaintiff asserts the purchase was made in accordance with a written agreement which contains an arbitration provision. Plaintiff has named as Defendants the seller, sellers ...

Excerpt: ...at Defendant is entitled to recover its reasonable attorneys' fees and costs for bringing its Special Motion to Strike as to these claims. In its prior ruling on September 17, 2020, the court, on the merits, denied Defendant's Special Motion to Strike as to Plaintiffs' claims for breach of contract and for inverse condemnation. The motion as to Plaintiffs' claims for malicious prosecution, abuse of process, and violation of civil rights was made ...

Excerpt: ...'s motion was initially heard on June 25, 2020. The motion as it relates to summary adjudication of Plaintiff's product liability claim (Plaintiff's Second Cause of Action) was continued to August 20, 2020 to enable Plaintiff to conduct discovery related to the elevator in which Plaintiff alleges she suffered injury. The court invited supplemental opposition from Plaintiff and a reply from Defendant. Plaintiff submitted her opposition documents o...

Excerpt: ...ty Act because Plaintiff's vehicle does not fall under the definition of Civil Code 1793.22(e)(2) Defendant asserts the vehicle was purchased for business purposes and asserts the weight of the vehicle exceeds 10,000 lbs. Under these facts, the vehicle would not be subject to the protections of Song-Beverly. Plaintiff disputes the vehicle weight asserted by Defendant. Civil Code 1793.2(e)(2) defines a vehicle covered under Song-Beverly as follows...

Excerpt: ...ction. On May 21, 2020, plaintiff amended his complaint to identify defendant Optimal Health Services as DOE 3. Optimal answered plaintiff's complaint on July 1, 2020. On July 27, 2020, counsel for Optimal learned that plaintiff served Optimal with a Notice of Intention to File Suit on November 15, 2019 that identified Optimal by name and demonstrated that the plaintiff was aware of its identity before filing his complaint. Optimal now seeks leav...

Excerpt: ...ion, the court generally accepts the facts as stated in Mr. Sidharaju's moving papers. This is an action brought by Krishnaswamy Sidharaju for the dissolution of corporate defendant SafeFarms, Inc., the appointment of a receiver, and an accounting of the corporation. Mr. Sidharaju's case is consolidated with an action brought by Angel Carrasco for breach of contract, unjust enrichment, common counts, breach of duty of loyalty, equitable accountin...

Excerpt: ...Plaintiffs' First Amended Complaint. Defendant shall file its answer to the First Amended Complaint within ten (10) days of this order. Plaintiffs assert causes of action for wrongful death based on negligence, negligence per se, intentional tort. Plaintiffs also assert claims for punitive damages. Defendant demurs to all causes of action and moves to strike the punitive damages allegations. For purposes of a demurrer all properly plead facts and...

Excerpt: ...ol District campus and her mother, assert claims for damages based in negligence, negligent hiring and supervision, and misrepresentation for a pattern of sexual abuse of the minor by a teacher. Defendant demurs to the Third Cause of Action for Misrepresentation and demurs to the complaint generally for failure to state a statutory basis for liability. For purposes of a demurrer all properly plead facts and those reasonably arising by implication...

Excerpt: ... Sanctions; (3) Defendant Live Star Ambulance Company's Motion to Compel Production of Documents Set One Responses of Plaintiff Letitia Tuggle and Motion for Monetary Sanctions; (4) Defendant Live Star Ambulance Company's Motion to Compel Special Interrogatory Responses Set One of Plaintiff Letitia Tuggle; Motion for Monetary Sanctions; (5) Defendant Live Star Ambulance Company's Motion to Compel Special Interrogatories Responses of Plaintiff Let...

Excerpt: ... demurs to Plaintiff's First Amended Complaint asserting all causes of action are time barred. Although the caption of Defendant's demurrer includes a request for sanctions, the supporting declaration and other moving papers are insufficient to support the request as no amount is stated and no facts are provided to support any sanction amount. The sanction request is, therefore denied, without prejudice. For purposes of a demurrer all properly pl...

Excerpt: .... Plaintiff shall file any amended complaint within ten (10) days of this order. In this action, Plaintiff asserts causes of action for breach of implied warranty, breach of express warranty, and fraudulent inducement – concealment related to their purchase in January 2016 of a new 2016 Chevrolet Silverado 1500 vehicle. Plaintiff has named as Defendants only the vehicle manufacturer, General Motors, LLC. Plaintiff has not asserted any claims ag...

Excerpt: ...d money paid. The amount due and owing to Discover Bank (as indicated in the allegations in the plaintiff's complaint is $5,800.00. On or about May 1, 2019, defendant Linda L. Green agreed to settle this case for the payment of $5,800.00 to Discovery Bank in monthly installments of $50.00 on the 28 th day of each month (beginning June 28, 2019) until this $5,800.00 was paid in full. The terms of this settlement were memorized in a written “Stip...

Excerpt: ...rovide waste solids to Plaintiff which complied with a permit issued by the State Water Board. Defendant asserts Plaintiff's claims are time barred for failure to present its Government Claim within one year from the date the claims accrued. Defendant asserts Plaintiff's claims accrued in 2015 which would be time barred. The complaint asserts that although Defendant was unable to provide permit compliant waste solids as required under the contrac...

Excerpt: ... Various entities are referenced in Plaintiff's pleading: the National Grange, (the now unchartered) California State Grange, (the newly re-chartered) California State Grange, the California Guild, Elbow Creek Grange No. 733, and Elbow Creek Hall. Plaintiff asserts Defendant has attempted to disassociate itself from Plaintiff and has wrongfully attempted to divert the subject property from Plaintiff. Plaintiff asserts its claims have previously b...

Excerpt: ...tion for adjudication hearing is denied. (3) defendant's motion to strike order granting summary judgment dated 9/20/20 and 8/3/20 is denied; (Note: Def also filed a “Motion to Use Personal Electronic Devices” No tentative ruling will be published as per TCSC Local Rule 106 and Cal.R.of Ct. 3.150(d) that prohibit the recordings of court proceedings by electronic devices) (1) Defendant's motion to sanction plaintiff This motion consists only o...

Excerpt: ...sserts Plaintiff executed an enforceable arbitration agreement and seeks to compel Plaintiff to arbitration. Plaintiff argues the arbitration agreement is unenforceable because it is procedurally unconscionable. Plaintiff asserts the agreement was prepared by Defendant, that Plaintiff had no meaningful choice but to sign the agreement, and that it was essentially a “take it or leave it” condition of employment. It is Plaintiff's burden to est...

Excerpt: ...Visalia police officers who are the named party Defendants. The subject of the search warrant was Patrick Fuller. Plaintiff Atabeira Fuller is the spouse of Patrick Fuller. Plaintiff James C. Holland was also a resident at the home of Patrick and Atabeira Fuller, one of the properties searched by Defendants. The claims of Plaintiff Atabeira Fuller were dismissed on January 19, 2020. Defendants' motion relates to the remaining claims asserted by P...

Excerpt: ...aint within (10) days of this order. In this action, Plaintiffs assert causes of action for breach of implied warranty, breach of express warranty, and fraudulent inducement – concealment related to their purchase in December 2015 of a new 2016 GMC Sierra 1500 vehicle. Plaintiffs' have named as Defendant only the vehicle manufacturer, General Motors, LLC. Plaintiffs have not asserted any claims against the selling dealer. Defendant demurs to al...

Excerpt: ...r than thirty days from the date of this ruling. OPERATIVE FACTS On or about December 2. 2019, plaintiff Nationwide Acceptance LLC's counsel filed a default judgment packet with the court. Because of an error entered into the case management system of plaintiff's counsel, a request for dismissal was accidently generated as part of the default judgment packet that plaintiff's counsel filed with the court. Plaintiff now moves the court to vacate th...

Excerpt: ...eath, dependent adult abuse, and violation of the Bane Act (cruel and unusual punishment). Defendant contends the complaint fails to assert compliance with tort claim requirements. (State of California v. Superior Court (2004) 32 Cal.4th 1234.) Defendant also asserts it is immune from liability from Plaintiffs' claims. (Gov't. Code 815, 844.6; Towery v. State of California (2017) 14 Cal.App.5th 226; May v. County of Monterey (1983) 139 Cal.App.3d...

Excerpt: ...wenty days from the notice of this ruling. No monetary sanctions shall be imposed against plaintiff and her counsel because the circumstances that resulted in this motion render the imposition of sanctions unjust. This action arises out of a claim of alleged sexual abuse perpetrated on plaintiff by defendant Bryan Ferriera. The City of Visalia is a defendant in this action because it was the employer of Mr. Ferriera at the time of the sexual abus...

Excerpt: ...ubject to the conditions stated below. Plaintiff seeks to recover damages for severe injuries suffered in an automobile accident. Defendants/Cross-Complainants move to bifurcate the issue of course and scope of employment from other issues including apportionment of fault, and damages at trial. California courts have approved bifurcation of the course and scope issue. (Wank v. Richman & Garrett (1985) 165 Cal.App.3d 1103.) Whether the driver of t...

Excerpt: ... for inverse condemnation; continue the hearing on the Special Motion to Strike as to Plaintiffs' malicious prosecution, abuse of process, and violation of civil rights claims to November 19, 2020. Plaintiffs shall file further opposition (limited to the continued issues) by October 8, 2020. Defendant shall file a further reply by November 5, 2020. Plaintiffs' Complaint was filed on March 23, 2020 asserting causes of action for: 1) Malicious Pros...

Excerpt: ...thin ten (10) days of this order. (1) Defendants demur to Plaintiffs' breach of contract cause of action. Defendants' demurrer to Plaintiffs' prior pleading as to this cause of action was sustained with leave to amend. Defendants assert Plaintiffs have failed to cure the pleading deficiencies. 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 (...