Excerpt: ...s scheduled in Department 1 of this court on November 18, 2021, at 8:30 AM. This is a continued hearing on plaintiff's motion for preliminary approval of a proposed class settlement, as well as addition of Costamanga Farms 1 and E & C Farms, LLC as defendants, provisional certification of a settlement class described in the motion, appointment of the class representative, appointment of class counsel, scheduling of a hearing on final approval of ...

Excerpt: ...Court 3.1345 (a) requires 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 are: (1) To compel further responses to requests for admission; (2) To compel further responses to interrogatories; (3) To compel further responses to a demand for inspection of documents or tangible things; (4) To compe...

Excerpt: ... To grant plaintiff's motion to compel further responses to plaintiffs' form interrogatories 13.1 and 13.2 (set two) propounded to defendant Helena Agri-Enterprises, LLC. Defendant Helena shall provide a full and complete verified amended response without objection no later than thirty days from the date of this ruling. (2) To grant in part and deny in part plaintiff's motion to compel further responses to Item #9 of plaintiffs' request for produ...

Excerpt: ... for a second time the moving papers and declarations that are already on file with the court. This is a PAGA action where the parties have reached a settlement of $190,000. Seventy-five percent of the net settlement amount shall be distributed to the LWDA consistent with the Settlement Agreement and the remaining 25% paid to the aggrieved employee to be determined by dividing the number of pay periods he or she worked during the PAGA period by t...

Excerpt: ...ng the settlement. 1,185 notices were mailed. 11 notices remain undeliverable. As of May 14, 2021, the claims administrator had received no objections or requests to opt out of the settlement from class members. Class members had until May 24, 2021 to object or opt out. Plaintiff's counsel shall appear at the hearing if any objections to the settlement were received between May 14th and May 24th. On February 18, 2021, the court granted preliminar...

Excerpt: ...d verified responses without objections to Form Interrogatory 17.1 and Requests for Admission Nos. 5 and 6 no later than 30 days from the notice date for this ruling. Defendant Ivany shall also pay monetary sanctions in the amount of $560.00 to plaintiff's counsel under CCP §2023.030(a); CCP §2030.300(d) and CCP §2033.290(d) no later than 30 days from the notice date of this ruling. All parties were given proper notice of this motion. There ha...

Excerpt: ... moves for summary judgment asserting his care and treatment of Plaintiff met the applicable standard of care. Moving Defendant also asserts Plaintiff's claims are time barred. 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...

Excerpt: ...ement under CCP 877 and 877.6. Proof of service in the file indicates notice of the motion was adequate. There has been no response to this motion. 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 settling tortfeasor's proportional share of comparative liability for the plaintiff's injuries" based on ...

Excerpt: ...on 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 law that need...

Excerpt: ...the action titled Avila v. Cigna Health & Life Insurance Company and Does 1‐100, inclusive, Tulare County Superior Court Case No. VCU 284920. The Santiago case shall be deemed to be the lead case for these consolidated actions and all papers and things to be filed in these cases shall be filed in the Santiago case file. Counsel in the Santiago case shall be deemed to be lead counsel for this consolidated action unless otherwise agreed to by the...

Excerpt: ...sequent motion for preliminary approval is to be supported with only supplemental declarations to the present motion addressing the issues raised below. 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 Net Settlement ($224,435) The gross settlement a...

Excerpt: ...aintiff should 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 ($750, 000) The gross settlement amount is $1,046,264 00. Plaintiff estimates the total number of class mem...

Excerpt: ...onal service on Mr. Greenwood at the address where the nuisance exists and a forwarding address for Mr. Greenwood that the Postal Service provided to the City's process server, the City has been unsuccessful in its efforts to personally serve Mr. Greenwood. CCP §415.50 provides for the publication of a summons in a newspaper of general circulation in the county where the defendant is known or believed to reside. Publication of a summons under §...

Excerpt: ...fs signed separation agreements at the termination of their employment with defendant CVT, LLC that would release CVT from any of the causes of action that the plaintiffs raise in their complaint. Plaintiffs dispute the enforceability of these separation agreements but nonetheless stipulate with defendant CVT that the question of the enforceability of these separation agreements is a threshold issue that should be resolved before the parties proc...

Excerpt: ...main due and owing from Plaintiff relating to 2013 pecan crops. Defendant moves for summary judgment and alternatively, for summary adjudication of five (5) submitted issues. 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 p...

Excerpt: ...required of her under the agreement. Plaintiff seeks an order to enforce the settlement agreement under CCP 664.6. Plaintiff's prior motion was denied by the court, without prejudice for an insufficient showing that Defendant has refused to comply with the settlement terms. The settlement agreement relied on by Plaintiff provides that Defendant will convey her interest in the subject real property to Plaintiff in consideration for a payment of $4...

Excerpt: ...e verified responses to Form Interrogatory 12.1 to plaintiff's counsel no later than thirty days following the notice of this ruling. (2) To grant in part and deny in part plaintiff's motion to compel further responses to request for production of documents nos. 1, 3, 9, 37-54, and 60-65 as detailed below. As to those document categories where the court has indicated that a further response is required, defendant General Motors shall provide full...

Excerpt: ...were served on Plaintiffs' counsel by electronic mail on April 7, 2021. No opposition has been filed. Plaintiffs action asserts wage and hour violations against Defendant. Defendant proposes to assert additional affirmative defenses in its answer based on separation agreements executed by Plaintiffs. Defendant's proposed Cross-Complaint seeks affirmative relief based on the same purported agreements. Defendant has shown that Plaintiffs were aware...

Excerpt: ...gh his or her mistake, inadvertence, surprise, or excusable neglect. Application for this relief shall be accompanied by a copy of the answer or other pleading proposed to be filed therein, otherwise the application shall not be granted, and shall be made within a reasonable time, in no case exceeding six months, after the judgment, dismissal, order, or proceeding was taken.” This is a breach of contract action that arises out of defendant Elia...

Excerpt: ... to a mental examination by Deborah Crosswell, Ph.D. on April 29, 2021. Counsel shall coordinate the times and locations for these examinations. The court also directs that the provisions of CCP §2024.030 that set forth the time limitations to conduct expert discovery shall not apply as to Drs. Rubenstein and Crosswell. Defendants move this court for leave to conduct follow-up mental and physical examinations of the plaintiff Rey Moreno within t...

Excerpt: ...rst inspection demand seek the following records and writings –including electronically stored information and e-mails – as to the following topics: • Any internal analysis or investigation that Honda conducted that involved electrical defects as to the 2018 Honda Accord (Item #16); • Honda's decision to issue any notices, letters, campaigns, warranty extensions, technical service bulletins and recalls for the 2018 Honda Accord (Item #18)...

Excerpt: ...s, and a Toyota owned and operated by plaintiff Norma Lopez de Barrera. The collision between these two vehicles was severe enough to tear the rear step off the tractor trailer and declare the Toyota to be a total loss. As a result of the accident, plaintiff sustained injuries to her head, neck, back, and extremities that required multiple spinal injections, chiropractic therapy, and a consultation with a neurosurgeon. Liability in this case is c...

Excerpt: ...o 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 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 hi...

Excerpt: ... motion. The court has not received any opposition to this motion. On December 26, 2020, plaintiff Bob L. Sansom passed away. Plaintiff Loren Sansom, as the successor-in-interest of Mr. Sansom, now moves the court for leave to amend the complaint and convert the first cause of action for medical malpractice to a Survival Action for Medical Negligence brought by Loren Sansom. STANDARD OF REVIEW The court has discretion “in furtherance of justice...

Excerpt: ...ices' Motion for Judgment on the Pleadings; (2) To Grant Defendant Valley Careidence OPCO, LLC's Motion to Dismiss Plaintiff's Complaint; and (3) To Grant Defendant Abbas Hasnain, M.D.'s Motion for Summary Judgment. Plaintiff's action is for medical negligence based on allegations that Defendants' care and treatment of Plaintiff did not meet applicable standards of care. Plaintiff has been self-represented in this action since October 29, 2020. P...

Excerpt: ...endant Daniel Brown, D.O. was dismissed from this action with prejudice. As a result of the dismissal, Defendant's motion for summary judgment is rendered moot. (2) Plaintiff brings a medical negligence action. Defendant Echeverria, P.A. moves for summary judgment asserting Plaintiff's action is untimely and that Defendant's care and treatment of Plaintiff met all applicable standards of care. Summary judgment is granted when no triable issue exi...

Excerpt: ... of March 26, 2021, no response to the motion had been posted to the court's case management system. Defendant seeks to consolidate this action with Case No. VCU285270 – Pacific Properties Sales & Management, Inc. v. Carver. The actions involve some of the same parties. Both actions relate to a 320-acre parcel of real property located near Johnsondale, Tulare County, California. Both actions relate to a written lease agreement involving approxi...

Excerpt: ...tories, Set (1), to Order Plaintiff to deliver to Defendant verified written responses, without objection, to Defendant's discovery within ten (10) days of this order, to Order Plaintiff pay to Defendant the sum of $650.00 as a monetary sanction. Sanctions are payable within ten (10) days of this order; and (2) To Grant Defendant's Motion for Order Compelling Plaintiff's Responses to Request for Production of Documents, Set (1), to Order Plaintif...

Excerpt: ...aintiff's Complaint. (1) Plaintiff asserts four (4) causes of action for wrongful termination, retaliation and wage and hour violations. Defendant demurs to the wrongful termination claim (First Cause of Action) and to the wage and hour claims (Third and Fourth Causes of Action). Defendant asserts it cannot be liable on Plaintiff's claim for wrongful termination in violation of public policy pursuant to Government Code 815(a). As to the wage and ...

Excerpt: ...Defendant's Demurrer to all causes of action, with leave to amend. Plaintiff shall file its amended complaint within 14 days of this order. Plaintiff is a citrus grower who brings this action against Defendant Grow Pure, who operated as a citrus packer and marketing agent. Plaintiff delivered all of its citrus crops to Defendant for the 2018- 2019 and 2019-2020 crop years pursuant to a written agreement. Defendant was to process, pack, market, an...

Excerpt: ...hich occurred on March 15, 2019. The subject action involves the parties involved in the accident. The later filed case (VCL196074) involves the insurer of a vehicle involved in the collision. The insured is Jaime Rodriguez (the owner of one of the vehicles) who is not a party to the earlier action (VCU283426). Plaintiff/Cross-Defendant Jose Isabel Avelar Rodriguez opposes consolidation, joined by all other Plaintiffs. In opposition Plaintiff/Cro...

Excerpt: ... 2020. The request was denied by the City of Visalia on August 31, 2020. Petitioner renewed his request on September 1, 2020 and the city responded on September 18, 2020. Petitioner asserts the request was for public information which the city is required to provide under the CPRA. The City of Visalia opposes the petition. Government Code 6254(f) generally requires disclosure of the name of a crime victim with the following exceptions: “Notwith...

Excerpt: ...endants seek to enforce an arbitration provision in the purchase and sale agreement executed by Plaintiff. Plaintiff opposes arbitration asserting 1) Defendants waived the arbitration provision by litigating in federal court and 2) the arbitration provision is not applicable as to the manufacturer, Defendant FCA US, LLC as it is not a signatory to the purchase and sale agreement. As to the waiver assertion, Defendants have shown that they have st...

Excerpt: ...ss conducted by Plaintiff and Defendants. Plaintiff's Complaint asserts various causes of action related to the alleged business dealings including breach of oral contract, rescission, breach of fiduciary duty, for an accounting, for recovery of money had and received, for constructive trust, unjust enrichment, unfair competition, fraud, and alternatively for breach of contract. Defendants demur to the entire complaint. Defendants also demur to t...

Excerpt: ... 425.16.) Plaintiffs' initial complaint filed March 23, 2020 sought damages on five causes of action: Malicious Prosecution, Abuse of Process, Breach of Contract, Inverse Condemnation, and Violation of Civil Rights. On July 22, 2020, Defendant filed its Special Motion to Strike as to all causes of action. On September 2, 2020, prior to the hearing on the Special Motion to Strike, Plaintiff filed a First Amended Complaint asserting only claims for...

Excerpt: ...for negligence, intentional misrepresentation, battery, lack of informed consent, and negligent infliction of emotional distress. Plaintiffs' claims relate to dental procedures including multiple dental crowns involving the now four-year old Plaintiff, Giselle Cisneros. Defendant demurs to the Third Cause of Action – for medical battery; the Fourth Cause of Action – for lack of informed consent; and to the Fifth Cause of Action – for neglig...

Excerpt: ...ased from Defendant's dealer. By this motion, Plaintiff seeks an order requiring Defendant to provide further responses to 15 requests for production of documents. Plaintiff asserts the requests involve 1) Defendant's internal investigation of defects involving powertrain, electrical, and backup camera; and 2) Defendant's warranty and vehicle repurchase policies, procedures and practices. Plaintiff asserts Defendant's responses to the 15 discover...

Excerpt: ...sents Zenith and thus must be disqualified for an alleged conflict of interest. Zenith asserts it has hired the Horton firm on a number of occasions since 2016 to represent its insureds in litigation matters. Zenith asserts the Horton firm represented its insureds in a number of cases at the time the present action was filed by Plaintiff. In this action, Zenith asserts a subrogation claim against Defendant Hettinga Transportation for workers' com...

Excerpt: ... Cross-Complaint within ten (10) days of this order. This action is a dispute over development of commercial real property located in Tulare County. Cross-Defendants demur to all causes of action asserted in the Second Amended Cross- Complaint. Cross-Complainants' procedural objections to the demurrer are overruled. For purposes of a demurrer all properly plead facts and those reasonably arising by implication must be accepted as true. (Couglas v...

Excerpt: ... good faith settlement. Defendant Dokken Engineering, Inc. objects to the settlement. In this action City of Dinuba seeks to recover from Seville Group and Dokken Engineering the amount of an arbitration award entered against it and in favor of Papich Construction, Inc. The City seeks to recover the sum of $3,700,000.00 plus fees and costs. The amount represents expenses incurred for dealing with underground utility lines which had to be moved fo...

Excerpt: ...s order. Defendant demurs to the Third Cause of Action – for Conspiracy and to the Fifth Cause of Action – for Unfair Competition in Plaintiff's Third Amended Complaint. 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 proper...

Excerpt: ...uired administrative remedies have been exhausted. Plaintiffs are the relatives of Albert Balderas, Jr., deceased. The decedent was a disabled individual who received services from Defendants Social Vocational Services, Inc. and Defendant Central Valley Regional Center, Inc. While on an outing with SVS, decedent was arrested for improperly touching a boy in a restroom. While in custody at the Tulare County pre-trial detention facility, decedent w...

Excerpt: ... order on October 30, 2020. In the past, the parties have indicated the proposed depositions are dependent on site inspection results. The parties have endeavored to reach agreement for a further site inspection order. The parties' efforts have been unsuccessful. Plaintiff has submitted a proposal calling for testing of multiple wells and other sites on Defendant's property over a period of many months which Plaintiff claims is necessary to estab...

Excerpt: ...y 18, 2021 to provide further information. Supplemental supporting documents were submitted on February 16, 2021 only 2 days before the hearing. Plaintiff has addressed a majority of the deficiencies noted by the court in its January 7, 2021 ruling. The court's remaining concerns are as follows: Plaintiff has provided information as requested about the net settlement and estimated distribution to class members. The estimated average distribution ...

Excerpt: ... from Defendant's negligence in permitting an unrestrained dog to chase Plaintiff giving rise to fear of an attack which caused Plaintiff to fall and suffer injuries. This is Plaintiff's second effort seeking summary judgment. Her first motion was denied on February 13, 2020 almost a year prior to the current hearing. Defendant points out a myriad of procedural deficiencies in the moving papers, the majority of which are valid. The court, however...

Excerpt: ...serts Plaintiffs are required to arbitrate even though one of them is not a signatory to the agreement containing the arbitration clause under Felisilda v. FCA US LLC (2020) 53 Cal.App.5 th 486. Plaintiff asserts the case is not applicable because Plaintiff has dismissed all claims against the dealer and is pursuing only the manufacturer. At least one federal court agrees with Plaintiff's contention that Felisilda does not apply when pursuing onl...

Excerpt: ...Plaintiff's Motion to Tax Costs. Defendant seeks monetary sanctions asserting Plaintiff continued to pursue frivolous pleadings after being advised that Plaintiff intended to seek sanctions for such conduct under CCP 128.7. The court finds Defendant's notice of the hearing on its motion for sanctions was statutorily compliant. Plaintiff's attempt to assert the motion was fatally deficient because the motion was heard on January 14, 2021 rather th...

Excerpt: ... at 8:30 a.m. in Department 1. On August 27, 2020, the court granted preliminary approval of the class settlement entered between Plaintiffs and Defendants. The declaration from the settlement administrator shows that notice of the settlement was provided to 474 class members by mail on October 19, 2020. Twenty-nine notices were ultimately undeliverable. No requests for exclusion from the class were received. No objections to the settlement were ...

Excerpt: ...r Costs and Attorneys' Fees as Prevailing Party on Appeal and to Order that Defendant recover costs on appeal in the sum of $820.70; and (2) to Grant the Motion by Plaintiff to Strike/Tax Memorandum of Costs on Appeal Submitted by Defendant D.L. Walton Engineering and to Order the claim for attorneys' fees stricken from Defendant's Memorandum of Costs on Appeal. Plaintiff obtained judgment against Defendant by default. Defendant moved in this cou...

Excerpt: ...vised that Plaintiff intended to seek sanctions for such conduct under CCP 128.7. Defendant asserts Plaintiff's pleadings in this action were both factually frivolous and legally frivolous. Defendant seeks monetary sanctions in the sum of $8,757.00. Defendant asserts the amount represents reasonable attorneys' fees and costs incurred since the notice required under CCP 128.7 was given. Defendant's Request for Judicial Notice is granted. Plaintiff...

Excerpt: ...material, triable issues of fact exist are to be resolved in favor of the party opposing summary judgment. . .. A defendant moving for summary judgment meets its burden of showing that there is no merit to a cause of action if that party has shown that one or more elements of the cause of action cannot be established or that there is a complete defense to that cause of action. (§ 437c, subds. (o)(2), (p)(2).) If the defendant does so, the burden...

Excerpt: ...ees, costs, and expenses. This award of attorney fees is based on lodestar attorney fees of $53,600.00 plus a lodestar multiplier of 0.5 for the Knight Law Group and a lodestar of $2,950.00 plus a lodestar multiplier of 0.5 for the law firm of Robinson Calcagnie, Inc. Plaintiffs shall also recover their costs incurred in the amount of $12,396.90 subject to defendant's motion to tax costs that will be heard on January 21, 2021. The Song-Beverly Co...

Excerpt: ...thurton's first amended complaint. Defendant General Motors LLC's shall file its answer to the plaintiff Arthurton's first amended complaint within ten (10) days of this ruling. General Motors LLC's demurrer to Mr. Arthurton's first amended complaint In this action, Mr. Arthurton asserts causes of action for breach of implied warranty of merchantability under the Song-Beverly Warranty Act, breach of express warranty under the Song- Beverly Warran...

Excerpt: ...Complaint. (2) To Grant the Application of Michael A. Graziano to Appear as Counsel Pro Hac Vice. (1) Plaintiff asserts Defendant breached its account holder agreement by charging two fees during a single use of a third party automated teller machine – $1.50 for withdrawing funds and $1.00 to check the account balance. Plaintiff alleges only one fee is authorized under the agreement. Plaintiff asserts claims both individually and as representat...

Excerpt: ...otion 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 ($750,000) The gross settlement amount is $750.000. Plaintiff estimates the total number of class members is proximately 2400. Plaintiff provides...

Excerpt: ... the alternative to deem matters admitted; (2) To grant in part and deny in part plaintiff Harriet Armstead's Motion to Compel Special Interrogatories, Set Two Plaintiff Harriet Armstead's Motion to Compel Responses, or in the Alternative to Deem Matters Admitted This is a personal injury case that arises out of an April 20, 2019 confrontation between plaintiff and a dog owned by defendant Tamara Lagomarsino. Plaintiff contends that she fell and ...

Excerpt: ...e to conduct this interview All parties were given proper notice of this matter. There has been no response to this motion. Defendant Allan moves this court for an order that compels plaintiff Angela Reynoso to submit to a clinical interview to evaluate the nature and extent of any physical injuries she sustained as the result of a traumatic brain injury that she attributes to the accident at issue in this case. The court notes that defendants ha...

Excerpt: ...tiffs' Complaint. Defendant mailed a form of judgment to Plaintiffs on September 9, 2020. The court signed the form of judgment on September 30, 3020 and judgment was filed the same day. Plaintiff now asserts they attempted to appear at trial via Zoom, but were unable to do so. The court normally only allows Zoom trial appearances by stipulation, which, in this case, the plaintiff had neither sought nor received. As will be detailed below, this c...

Excerpt: ...low. 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 ($2,000,000.00) The gross settlement amount is a figure not to exceed $2,000,000 Plaintiff estimat...

Excerpt: ..., the parties entered into a Settlement Agreement that obligated defendant to pay $10,000.00 to plaintiff in monthly payments of $200.00. These monthly payments were to begin on September 15, 2020. Plaintiff's counsel Adam B. Stirrup states in his declaration that defendant has not paid any of the monthly payments. No opposition to the motion has been filed. The terms of this settlement were memorized in a February 28, 2020 “Settlement Agreemen...

Excerpt: ...ng out of a credit card obligation where plaintiff Capital One Bank pleads causes of action for breach of contract and common counts. On February 5, 2019, the parties entered into a Settlement Agreement that obligated defendant to pay $12,040.11 to plaintiff in monthly payments of $325.00 beginning on the 16th day of every month until the debt has been paid in full. This settlement agreement reserved the right to plaintiff to move the court under...

Excerpt: ... medical negligence. In the original complaint the only named defendant was Kaweah Health Care District. The “Doe” defendants 1-25 were named as fictitious names and plaintiff contended that he could not identify the true names of these Doe defendants when he filed his original complaint. On November 15, 2019, plaintiff served a “Notice of Intention to Commence Suit” that identified both Optimal Health Services and Optimal Home Health Car...

Excerpt: ... a personal care attendant for Patricia Kline. In October 2020, Patricia Kline passed away. Defendant Gerald Kline remains in possession of the premises despite the plaintiff's demand that Mr. Kline vacate. Plaintiff has requested confirmation of Ms. Kline's date of death and a copy of her death certificate. But to date, the Kline family has not provided any evidence that Ms. Kline has indeed passed away. Moreover, plaintiff conducted an internet...

Excerpt: ...urther the construction of the State's high speed rail project. Negotiations between the parties resulted in a stipulation and order that the court entered on January 28, 2020. This stipulated order imposed a duty on the parties to cooperate and collaborate and undertake the necessary steps required to enable the State of California to acquire the portion of the defendant's property that it seeks to obtain. The State contends the defendant has no...

Excerpt: ...mand for production of documents. Claimant Ricky Lynn Serrate shall provide full and complete verified responses to these interrogatories and document requests without objection within thirty days from notice of this ruling. Claimant Ricky Lynn Serrate shall also pay monetary sanctions to AAA's counsel in the amount of $472.50 within thirty days from the notice of this ruling. The Court notes that these discovery motions were timely noticed and s...

Excerpt: ...ntiff shall provide full and complete verified responses to these discovery requests without objection to defendant's counsel later than 20 days from the date of notice of this ruling. Mr. Souza and his counsel shall also pay monetary sanctions to defendant's counsel in the amount of $560.00 no later than 30 days from the date of notice of this ruling as per CCP §2023.030 (a) and CCP §2030.290(c) The Court notes that these discovery motions wer...

Excerpt: ...adjudication were separately filed in each case. On November 22, 2020 the court entered its order consolidating the cases for purposes of summary adjudication. The subject motions arise out of two separate actions arising out of the treatment of John Torrez III. The first action (VCU268786) was a medical negligence claim and included a loss of consortium claim by spouse Bernadette Torrez. The action was filed in March 2017 and alleged damages fro...

Excerpt: ...No. VCU276661 filed December 18, 2018. The prior action was not served until Plaintiff filed its First Amended Complaint on July 31, 2019. The prior action was brought by the City of Corcoran against Curtimade Dairy asserting causes of action for public nuisance, trespass, negligence, and unlawful business practices. Both the prior action and the subject action involve disputes between the parties over alleged contamination of city water wells fr...

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: ...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: ...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: ...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: ... 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: ... 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: ...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: .... 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: ...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: ...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: ...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: ...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 (...

Excerpt: ...laintiffs shall provide a full and complete verified response without objections as indicated below within 30 days from the date of the notice of this ruling The Court further orders under CCP §2023.010; §2023.030(a) and §2030.290(c) that plaintiffs shall pay monetary sanctions to defendants' counsel in the amount of $7000.00 within thirty days from the hearing date of this discovery motion. Interrogatory 12.2 calls for the name, contact infor...

Excerpt: ...The court advised Plaintiff's counsel of deficiencies in Plaintiff's motion and continued the hearing to allow Plaintiff an opportunity to submit supplemental declarations to address the problems outlined by the court. Plaintiff filed supplemental declarations on August 17, 2020. The court preliminarily approved the gross settlement amount of $300,000.00. Distribution provisions of the settlement have been revised such that class members will rec...

Excerpt: ...tions to resolve the issues raised in these discovery motions. At the hearing for this motion, the court will inquire as to the efforts undertaken by the parties to meet and confer since this tentative ruling was published before a final ruling will be issued. If unable to resolve, the court recommends and encourages that the parties appear by CourtCall or other telephonic means so as to minimize their contact with the court, its staff, and oppos...

Excerpt: ...ctions. Plaintiff's action is to recover amounts allegedly overpaid to Defendant for leave benefits between January 2016 through June 2017. Overpayments were allegedly made due to an error by Plaintiff's employees which was not discovered for 18 months. Plaintiff asserts the overpayments over the period of 18 months total $49,332.46. Summary judgment is granted when no triable issue exists as to any material fact and the moving party is entitled ...

Excerpt: ...ability 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 on August 7, 2020. Defendant's reply was filed on August 14, 2020. It appears Plaintiff's inspection of the subject elevato...

Excerpt: ...e is the amount of those fees. The court determines the amount of “reasonable” attorney fees utilizing the “loadstar- adjustment” method. The court calculates the loadstar which is the number of hours reasonably spent multiplied by the reasonable hourly rate. (Serrano v. Priest (Serrano III) (1977) 20 Cal.3d 25, 48.) The loadstar amount can be adjusted based on factors such as contingent risk, novelty and complexity of the case, and resul...

Excerpt: .... These motions arise out of a settlement agreement between the parties that called for the defendant to pay to the plaintiff the amount of $47,500.00 with 10% interest per annum in monthly payments from February 24, 2020 through July 24, 2020. This settlement agreement reserved the right to plaintiff to seek a judgment under CCP §664.6 in the event of default. To date, defendant has paid only the February payment, leaving a balance due of $40,4...