Excerpt: ..., 2017; and to Order Petitioner recover from Respondent Robert Hart reasonable attorneys' fees and costs in the total sum of $3,500.00. The Petition is sufficient to establish Petitioner is the owner of real property commonly known as 800 W. Acequia, Visalia, California 93291. In conjunction with his complaint filed against Petitioner, Respondent Robert Hart caused a Mechanics' Lien Claim to be recorded with the office of the Tulare County Record...

Excerpt: ...' Amended Complaint as to all causes of action, with leave to amend; and (2) To Grant the Motion by Defendant Tri-County Medical Transport, Inc. to Strike Allegations of Plaintiff's Amended Complaint and to strike paragraphs 14 and 16 of the Amended Complaint and to strike paragraphs 2, 3, and 4 of Plaintiffs' prayer for relief, with leave to amend. Plaintiffs shall file any amended pleading within ten (10) days of this order. Defendant's objecti...

Excerpt: ...onse to this motion. This action arises out of a complaint filed by Capital One Bank against Glen C. Cogburn with a cause of action for account stated. Capital One subsequently entered a default against Mr., Cogburn on October 22, 2010 and default judgment entered on November 29, 2010. Capital One subsequently learned and confirmed that Mr. Cogburn was the victim of fraud as to this account and now seeks to set aside the previously entered defaul...

Excerpt: ...August 17, 2018. The hearing on this motion is continued to August 23, 2018 at 8:30 a.m. in Department 2. If the court signs the order preliminarily approving the class settlement, the matter will go off calendar Plaintiffs' supplemental motion and supporting declarations provide sufficient additional information to support the release language used in the settlement, to support the reasonableness of Plaintiffs' preliminary attorneys' fees and co...

Excerpt: ...ions Tentative Ruling: To grant defendant Ford Motor Company's Motion to Compel Responses from Plaintiffs to Defendant's First Sets of Form and Special Interrogatories and First Request for Production of Documents. Plaintiffs shall each provide full and complete verified responses to these discovery requests within thirty days from the notice of this ruling. Plaintiffs, jointly and severally, shall also pay monetary sanctions in the total amount ...

Excerpt: ...116, 129. Defendant has filed notice that there is a related action pending in the Santa Clara County Superior Court (Case No. 18CV330245). It is possible that the related case involves the same or overlapping class members with the subject litigation. Plaintiff should provide additional information about the relationship of the two cases and whether class members here may forego rights in the related case upon approval of the subject settlement ...

Excerpt: ...eement” that was intended to resolve Capital One's action against Ms. Jones. Under this agreement, the parties stipulated that a judgment could be entered against Ms. Jones, but would not be entered so long as Ms. Jones made monthly payments on an agreed settlement amount. Ms. Jones subsequently defaulted on November 30, 2017. Capital One now moves the court for entry of judgment, less credit for payments received, plus court costs incurred in ...

Excerpt: ...est for monetary sanctions is granted. The court orders Defendants Bill Dolan and United Signs International to pay to Plaintiff the sum of $390.00 as a monetary sanction. Sanctions are payable within ten (10) days of this order. Proof of service in the file indicates notice of the motion was adequate. No response to the motion has been filed. Plaintiff's moving papers are sufficient to establish Defendants have failed to respond to properly prop...

Excerpt: ...eeking amounts claimed due from Defendant for various wage and hour violations. Defendant has opposed Plaintiff's Complaint. The parties participated in mediation and have executed a settlement agreement to resolve the claims of eligible class members. The class consists of 69 former and current employees who worked at Defendant's dairy. The gross settlement is for $250,000.00. If all of Plaintiff's requested deductions were approved, the net set...

Excerpt: ...e Defenses asserted in Defendants' Answer, with 10 days leave to amend. (1) Demurrer to Answer No response to the demurrer has been filed. Defendants' Second through Eighteenth Affirmative Defenses asserted in their answer contain no factual allegations to support any of the affirmative defenses. Plaintiff's demurrer is sustained as to each of these affirmative defenses under CCP 430.20(b). Defendants may be able to assert facts sufficient to sup...

Excerpt: ...e Defenses asserted in Defendants' Answer, with 10 days leave to amend. (1) Demurrer to Answer No response to the demurrer has been filed. Defendants' Second through Eighteenth Affirmative Defenses asserted in their answer contain no factual allegations to support any of the affirmative defenses. Plaintiff's demurrer is sustained as to each of these affirmative defenses under CCP 430.20(b). Defendants may be able to assert facts sufficient to sup...

Excerpt: ...ble to locate Respondent to effectuate personal service. Notice has been posted at the subject property in Exeter and notice has been mailed to Respondent's last known address in the People's Republic of China. No response to the petition or to the motion has been filed. Petitioner has not received any contact from Respondent. The petition and motion involve commercial real property in Exeter which appears to have been abandoned. The property has...

Excerpt: ...fficient to show the settlement between Woodside Homes and Talons Landscape Development, Inc. was made in good faith and is reasonable under CCP 877.6 and Tech Bilt, Inc. v. Woodward‐Clyde & Associates (1985) 38 Cal.3d 488. If no one requests oral argument, the court is prepared to sign the form of order lodged by Movant. ...

Excerpt: ... when a third party purchased the property through escrow which closed on or about January 3, 2018 shortly after this action was commenced in December of 2017. As a result of the property sale, the only issue remaining between the parties is whether Plaintiff is entitled to recover from Defendants some portion of the amounts Defendants were paid out of escrow for the release of their liens. In no event will any determination by this court in this...

Excerpt: ... includes the amount of $960.00 as attorneys' fees under CCP 1717.7(c). Proof of service in the file indicates notice of the motion was adequate. No response to the motion has been filed. Defendant's moving papers are sufficient to establish Defendant was the prevailing party in this action to recover on an open book account. Defendant is entitled to recover as costs his reasonable attorneys' fees not to exceed $960.00. (CCP 1717.7(c).) Defendant...

Excerpt: ... includes the amount of $960.00 as attorneys' fees under CCP 1717.7(c). Proof of service in the file indicates notice of the motion was adequate. No response to the motion has been filed. Defendant's moving papers are sufficient to establish Defendant was the prevailing party in this action to recover on an open book account. Defendant is entitled to recover as costs his reasonable attorneys' fees not to exceed $960.00. (CCP 1717.7(c).) Defendant...

Excerpt: ... when a third party purchased the property through escrow which closed on or about January 3, 2018 shortly after this action was commenced in December of 2017. As a result of the property sale, the only issue remaining between the parties is whether Plaintiff is entitled to recover from Defendants some portion of the amounts Defendants were paid out of escrow for the release of their liens. In no event will any determination by this court in this...

Excerpt: ...ble to locate Respondent to effectuate personal service. Notice has been posted at the subject property in Exeter and notice has been mailed to Respondent's last known address in the People's Republic of China. No response to the petition or to the motion has been filed. Petitioner has not received any contact from Respondent. The petition and motion involve commercial real property in Exeter which appears to have been abandoned. The property has...

Excerpt: ...udicial Notice is granted as to Items 1-6 of plaintiff's Request for Judicial Notice under Evidence Code §452(d). Plaintiff's Request for Judicial Notice is granted as to Item #7 of plaintiff's Request for Judicial Notice 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 appear in the C...

Excerpt: ... being filed. Plaintiff's Request for Judicial Notice is granted as to Exhibits “JN 1” and “JN 2” under Evidence Code §452(a) and §452(b) OPERATIVE FACTS Plaintiff AEB's complaint alleges that within the last four years Dolan and USI became indebted to AEB for goods, wares, and merchandise obtained from AEB at Dolan and USI's request under a line of credit that Dolan and USI had obtained. Dolan and USI applied to AEB for a credit card a...

Excerpt: ...ion that supports compliance with §430.41(a)(3) as set forth in this ruling. If the moving party has complied with CCP 430.41 as set forth herein, the Court will publish a tentative ruling that addresses the merits of this demurrer on the day before the continued hearing date. In the event of non-compliance, defendant Sepulveda's demurrer will be overruled on those grounds. Any party that demurrers to a pleading must comply with the mandatory pr...

Excerpt: ...To calendar an Order to Show Cause to be heard on August 2, 2018 at 8:30 a.m.in Department 2 of this court as to why defendant Sheena Velasquez's answer to plaintiff's complaint should not be stricken and a default judgment entered against this defendant, and why monetary sanctions under CCP §177.5 in the amount of $750.00 should not be imposed against defendant Velasquez based on defendant's disobedience of the Court's November 30, 2017 order. ...

Excerpt: ...Cal. App. 4th 116, 129. 1. Sufficiency of Amount of Settlement This class action relates to 5,245 employees of Defendants' Dairy and Cheese production facilities. Plaintiffs seek recovery for Defendants' failure to provide adequate meal breaks. The parties reached a settlement of Plaintiffs' claims at mediation. The gross amount to be paid by Defendants under the settlement is $3,200,000.00. If all of Plaintiffs' requested deductions were approve...

Excerpt: ...ing: To sustain Defendant's demurrer with leave to amend. Plaintiffs shall have twenty days to amend their complaint. OPERATIVE FACTS On July 14, 2006, plaintiffs Linden and Odessa Beckford (“The Beckfords”) obtained a loan in the amount of $85,000.00 to purchase the investment property at 19497 Road 234, Strathmore, California 93267 “as a rental unit.” The Beckfords executed a promissory note that was secured by a deed of trust recorded ...

Excerpt: ...ial District's Demurrer as to Plaintiff's Complaint is sustained without leave to amend All parties to this action were given timely and proper notice of this demurrer. There has been no response to this demurrer As to Exhibit “A,” defendant's request for judicial notice is granted only as to the date of filing of the plaintiff's complaint in this present action. Except for orders from the Court that appear in the Court's file for this case, ...