Excerpt: ...CP §1255,410(d)(2) when an owner of property objects to a public entity's taking of its property by eminent domain, the Court must find, among other factors, that the hardship that the public entity will suffer if immediate possession is not awarded outweighs the hardship that will inure to the property owner. Defendant Craig Silveira owns and farms 917 acres on two parcels near Corcoran, one of which consists of approximately 597 acres. The Sta...

Excerpt: ...restige”). Travelers shall file its Complaint-In-Intervention no later than ten days from the date of this ruling. The Court notes from a review of its file for this action that all parties affected by this motion were given timely and proper notice. The Court has not received any response to this motion. CCP §387(b) allows a party who has an interest in a litigated action to intervene in that action, because “The purpose of the statute is t...

Excerpt: ...ny Defendants' Motion to File Amended Answer; (3) & (4) There are no tentative ruling for (3) and (4). The parties are directed to meaningfully meet and confer to resolve the issues raised in these motions. If unable to resolve, the parties are directed to personally appear at the hearing for this motion. No CourtCall will be permitted except to advise the court that the matter has been resolved. (1) Defendants seek judgment on the pleadings asse...

Excerpt: ...e proof of service on file with the Court for this matter indicates that defendant Angelica Martinez received timely and proper notice of this motion for judgment on the pleadings at the address identified in her answer to the plaintiff Capital One Bank's complaint. The Court has not received any response to this motion. Plaintiff Capital One Bank brings this action to recover on a delinquent credit card obligation owed by defendant Angelica Mart...

Excerpt: .... Plaintiff labels the first, second, and third causes of action “lack of feasance,” “abusive tactics,” “failure to exercise jurisprudence.” and that the defendant misappropriated his car. Plaintiff contends in his fourth cause of action that the defendants deprived him of his civil rights in violation of 42 USC 1983. All the events that resulted in the plaintiff's first, second, third, and fourth causes of action occurred on February...

Excerpt: ...ity of Tulare's demurrer to plaintiff Matthew B. Cramer's complaint with thirty days' leave to amend. As of the date of this ruling, Mr. Cramer has not filed an amended complaint with the court. Where the City of Tulare's demurrer was sustained in its entirety as to plaintiff's complaint, the court observed that there were no facts plead in Mr. Cramer's original complaint from which a cause of action could be stated. AUTHORITY AND ANALYSIS Under ...

Excerpt: ...t triers of fact. That request is denied. As a practical matter, cases involving a request for punitive damages would be heard in two stages with the same trier of fact. The first stage would involve liability, compensatory damages and a determination of malice and the second stage (if malice is found) would involve the defendant's financial condition and punitive damages. Evidence of the defendant's financial condition would only be admissible d...

Excerpt: ...oc., § 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 existence of a triable issue of material fact." (Aguilar v. Atlantic Richf...

Excerpt: ..., Meadowlake Dairies, Pixley Dairy, Clarence Bosman, and/or Nellie Bosman at any time from February 15, 2009 to January 11, 2019. The court preliminarily approved the terms of the settlement on May 30, 2019, including the form of notice, provisions for payment of costs, attorneys' fees, administrative expenses, and plaintiffs' enhancement awards. The claims administrator mailed notice of the settlement to all 1444 class members. Notice was succes...

Excerpt: ...s motion. This is a construction defect action where the plaintiffs have agreed to accept the sum of $1,000.00 from defendant Visalia, and developer McMillin Homes, LLC, et al. (Developer) in exchange for a release of all claims arising out of Visalia's work on the properties at issue in this action and to dismiss their complaint against Visalia. Plaintiffs have also agreed to release the Developer from all liability arising out of the work perfo...

Excerpt: ...iencies that must be addressed before the petition could be granted. Plaintiff requested the hearing be continued and has filed a supplemental brief, supplemental declarations of class counsel Roman Ohtupman and class representative Rose Singh and the declaration of Michael Bui of Simplus, Inc. in support of the petition. The settlement of $197,500.00 is approved as plaintiff has in her supplemental request satisfied the following deficiencies in...

Excerpt: ...nse to this motion. This is a construction defect action where the plaintiffs have agreed to accept the sum of $1,800.00 from cross-defendant NICKY in exchange for a release of all claims arising out of NICKY's installation of concrete flatwork in five of the plaintiffs' homes in the development known as “Venue at Wyngate II, Impressions at Westpark Visalia, Willow Creek, Tanglewood, and Avalon” in Visalia. Plaintiffs have also agreed to rele...

Excerpt: ...ments. Defendants shall provide full and complete verified responses to these discovery requests without objection within 15 days from the notice of this ruling. The ruling on this motion will be stayed pending proof that the plaintiff has paid to the clerk of this court an additional $300.00 in filing fees. These additional filing fees are warranted because the plaintiff has consolidated six discovery motions into one pleading but has paid the f...

Excerpt: ...t award. The claims administrator mailed notice of the settlement to all 495 class members. No notices were returned by the post office. 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 grants the motion for final approval under Code of Civil Procedure section 382 and California Rules of Cou...

Excerpt: ...sel. This is a “lemon law” automobile action under the California Legal Remedies Act (Civil Code §1750 et seq.) and the Song-Beverly Consumer Warranty Act (Civil Code §1790 et seq.) On July 13, 2018 the parties resolved this case with a settlement agreement dictated “on the record.” Included in the terms of this settlement agreement was a provision that attorney fees and costs would be determined by the court in response to a motion tha...

Excerpt: ...discovery requests. The Plaintiff and Defense Counsel are ordered to appear to address the Court's Order to Show Cause. At this August 1 hearing, the court directed plaintiff Elyssa Seth to personally appear before the Court on August 22, 2019 at 8:30 a.m. in Department 2 of this court to show cause why (1) this action should not be dismissed and sanctions of $1,000.00 imposed against plaintiff under CCP §2023.010(g), §2023.030(d)(3) §2030.290...

Excerpt: ...iff provide to the court information regarding distributions to non-parties sufficient to enable the court to satisfy its reporting requirements under CCP 384.5. On October 22, 2018, after several continued hearings, the court entered its order for preliminary approval of a class action settlement reached between the parties. Shortly after approval, Defendant asserts it suffered financial reversals which resulted in placement of 8 of its 9 operat...

Excerpt: ...d to do so. OPERATIVE FACTS The City of Woodlake (“The City”) moves this court for a nuisance abatement warrant as to property located at 472 Olive, Woodlake, California 93286. The City seeks this abatement warrant to enter and inspect this property and demolish any structures that currently exist on this property, and by so doing abate the nuisances found there. On October 6, 2016, and multiple times thereafter, the Code Enforcement division...

Excerpt: ...sel. This is a “lemon law” automobile action under the California Legal Remedies Act (Civil Code §1750 et seq.) and the Song-Beverly Consumer Warranty Act (Civil Code §1790 et seq.) On July 13, 2018 the parties resolved this case with a settlement agreement dictated “on the record.” Included in the terms of this settlement agreement was a provision that attorney fees and costs would be determined by the court in response to a motion tha...

Excerpt: ...discovery requests. The Plaintiff and Defense Counsel are ordered to appear to address the Court's Order to Show Cause. At this August 1 hearing, the court directed plaintiff Elyssa Seth to personally appear before the Court on August 22, 2019 at 8:30 a.m. in Department 2 of this court to show cause why (1) this action should not be dismissed and sanctions of $1,000.00 imposed against plaintiff under CCP §2023.010(g), §2023.030(d)(3) §2030.290...

Excerpt: ...d Order for Monetary Sanctions; Tentative Rulings: (1) To grant plaintiff Central Valley AG Exports, Inc. motion to compel initial responses to special interrogatories, set one, from defendant York Canadian Grain Trading, Inc. This defendant shall provide full and complete verified responses to these interrogatories without objection within thirty days from the service of the notice of this ruling. (2) To grant plaintiff Central Valley AG Exports...

Excerpt: ... demurrer. Plaintiff Isabel Valdez filed two documents on June 20, 2019 either or both of which could be her operative pleading. It is unclear what Ms. Valdez intends. Other persons are named as Plaintiffs in both documents and none have signed either pleading as a party plaintiff. The body of both pleading documents outline a number of criminal statutes and appear to demand that defendants be charged with criminal wrongdoing. Such relief is unav...

Excerpt: ...rties affected by this motion were given timely and proper notice. The Court has not received any response to this motion. This motion arises out a traffic accident where Intervenor Starstone National Insurance Co. paid workers' compensation benefits to plaintiffs Camilo Ortega Carranza and Mario Guillen who were employed by Starstone's insured Landscape Development, Inc. By virtue of its payment of workers' compensation benefits to Landscape's e...

Excerpt: .... in Department 2 of this court to show cause why (1) this action should not be dismissed under CCP §2023.010(g), §2023.030(d)(3) and §2031.300(c) based on his failure to fully comply with the Court's May 16, 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 Clayton Biewer and his counsel based on plaintiff's disobedience of the Court's May 16, 2019 order...

Excerpt: ....290(c), §2031.300(c) and §2033.290(c) based on her failure to fully comply with the Court's April 19, 2019 and May 23, 2019 orders, 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 Elyssa Seth based on plaintiff's disobedience of the Court's April 19, 2019 and May 23, 2019 orders. No CourtCall shall be permitted for this Order to Show Cause appearance. All parties w...