Excerpt: ...ing for work and submitted job applications to Bath and Body Works, Tilly's Volcom, and Zumie's (See Exhibit “A” to the declaration of Sung “Sean” Kim, at p. 28, line 17 –page 29 line 26, etc.) The attorney representing Mr. Moreno (Sung “Sean” Kim) had only recently joined the law firm representing the plaintiff when he was assigned to prepare the plaintiff's case. When Mr. Kim was assigned the plaintiff's case, he was not aware of ...

Excerpt: ...ice is denied. Plaintiff's objections to the declaration of Ware Kuschner, M.D. are overruled. This is a medical malpractice action. Defendant submits 26 material facts in support if its summary judgment motion asserting Defendant met the applicable standard of care with regard to Defendant's treatment of Plaintiff's decedent. Defendant asserts Plaintiff's action must be dismissed for failure to comply with the requirements of the Government Tort...

Excerpt: ...o Deny the Motion by Plaintiffs to advance the class certification hearing date. Defendant's objections to the Declaration of Daniel Kopfman are overruled. Defendant has sought and obtained over 100 settlement and release documents from its current and former employees. In addition, Defendant has sought and obtained over 100 declarations from its current and former employees which are prepared by Defendant's counsel, are essentially identical and...

Excerpt: ...act and negligence claims. Plaintiff also seeks to add a claim for punitive damages. The new claims are against Defendants Choice Drilling, Inc. and its president, Sean Pichinson. Defendants oppose the motion. Defendants assert that the Plaintiff's claim that amendment is needed due to “new information” is false. Defendant contends Plaintiff had all information relied on to support its fraud claims prior to filing this action. Defendants furt...

Excerpt: ...rds. See Warrick v. Superior Ct. (City of Los Angeles) (2005) 35 Cal.4th 55, 59-60 The party seeking the disclosure of peace officer personnel records must first file a Pitchess motion that identifies the peace officer, the agency in possession of the records, a description of the records, who is seeking the records, and the date and time for the hearing on this Pitchess motion. See Evidence Code §1043(b). and Penal Code §832.7. This Pitchess m...

Excerpt: ...ant's counsel, i.e., the failure of the secretary of defendant's counsel to post the jury fees as instructed by defendant's counsel. Defendant's counsel testified to this administrative error in his declaration filed in support of this present motion. Generally, the grounds upon which relief from the waiver of a jury trial are committed to the sound discretion of the trial court. But the right to a jury trial is constitutional in nature, and thus...

Excerpt: ... December 11, 2018. On February 21, 2020, the court granted Plaintiff's motion to amend its complaint. The First Amended Complaint was filed on March 10, 2020. Due in part to the amended pleading, the previously scheduled trial date was vacated. No date for trial is currently scheduled. The parties are to appear for a case management conference on the same day as the hearing on these motions – July 23, 2020. In its amended complaint Plaintiff a...

Excerpt: ...ccount, money lent, and money paid. The amount due and owing to Capital One Bank (as indicated in the allegations in the plaintiff's complaint is $2,200.00 On or about September 27, December 20, 2018, defendant Craig J Weisenborn agreed to settle this case for the payment of $2,200.00 to Capital One Bank in monthly installments of $150.00 on the 12th day of each month (beginning October 12, 2018) until this $2,200.00 was paid in full with a final...

Excerpt: ...t project. Plaintiffs in both actions are represented by the same attorneys. The same law firm represents Defendant in both actions. Defendant asserts the cases are in very different stages of litigation and that consolidation will prejudice Defendant. In the Saesee action, the court entered a Case Management Order on December 19, 2019. Pursuant to the order, a special master is overseeing the action which currently involves 18 homes. Defendant a...

Excerpt: ...st Cause of Action); and (3) to continue the hearing on the alternative motion as to Plaintiff's claims for product liability (Plaintiff's Second Cause of Action) to August 20, 2020 at 8:30 a.m. in Department 1. In the event oral argument is requested, CourtCall Appearances are permitted. Plaintiff alleges she suffered injury on or about April 15, 2017 as a result of an elevator malfunction. At the time of the accident, Plaintiff was an employee ...

Excerpt: ...noticed for hearing on April 16, 2020. The hearing was continued by the court pursuant to emergency orders to June 18, 2020. Prior to preliminary approval, the court is required to make a merits evaluation of the settlement terms. (Kullar v. Foot Locker Retail, Inc. (2008) 168 Cal.App4th 116, 129. 1. Sufficiency of Amount of Settlement Plaintiffs have submitted information including an explanation that damage estimates utilized by Plaintiffs in c...

Excerpt: ...r 17, 2019 and originally noticed for hearing on March 5, 2020. Hearing on the motion was continued by stipulation of the parties to June 11, 2020. Defendants' seek summary adjudication of Plaintiff's negligent hiring, training, supervision and entrustment claims asserted within the Second Cause of Action to Plaintiff's Complaint. Plaintiff opposes the motion. Plaintiff's evidentiary objections to portions of deposition transcripts numbered 1 thr...

Excerpt: ... admissible under CCP 2025.620. Grievance hearing testimony of Gary Kupfer, Mary Ann Cantu or Maggie Pruneda is not admissible under CCP 2025.620. The Position Statement by County of Tulare at the prior grievance hearing is not admissible under CCP 2025.620. Plaintiff seeks to utilize at trial eleven (11) of Defendants' videotaped depositions and/or prior sworn testimony (transcripts and/or audio recordings) from a grievance hearing in lieu of ca...

Excerpt: ...f Business Records of Wood Rogers; (2) To grant plaintiff City of Corcoran's Motion to Quash Deposition Subpoena for Production of Business Records of Jean E. Moran Jean E. Moran and Wood Rogers are consultants that plaintiff City of Corcoran retained to evaluate the nature and extent that the defendants contaminated the City's drinking wells. The deadline for the parties to designate their retained experts has not yet arisen and as such there ha...

Excerpt: ...Compel Plaintiff to Appear for Further Deposition and to order Plaintiff to appear for further deposition at a date, time, and location agreed to by the parties. Plaintiff shall pay to Defendant the sum of $500.00 as a monetary sanction. Sanctions are payable within ten (10) days of this order. (1) Plaintiff's motion was noticed for hearing on March 26, 2020. The motion was continued by the court pursuant to emergency orders to June 2, 2020. Proo...

Excerpt: ...tes 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 to protect the interests of persons affected by a judgment, to obviate delay, and to avoid multiplicity of actions.” See Deutsch...

Excerpt: ...omplaint. Defendants' demurrer to plaintiffs' third cause of action is overruled. OPERATIVE FACTS Plaintiff Andrew Border is a sound engineer who does business as plaintiff ASB Soundworks, LLC. Up to and through October of 2019, plaintiffs provided sound equipment and engineering services for the Fox Theatre in Visalia. Defendant Escobedo became the manager of the Fox Theatre in 2019. In 2016, the Board of Directors at the Fox approved the plaint...

Excerpt: ... of the demurrer was adequate. No response to the demurrer has been filed. For purposes of assessing the sufficiency of the demurrer, the court assumes the truth of all well- pleaded facts. (Blank v. Kirwan (1985) 39 Cal. 3d 311, 318.) Also accepted as true are all facts that may be implied or inferred from those alleged. (Marshall v. Gibson, Dunn & Crutcher (1995) 37 Cal. App. 4th 1397, 1403.) In addition, relevant matters that are properly the ...

Excerpt: ...lia attempting to purchase dog food. Plaintiff was waiting in the only check-out line that was open at the time of the incident when a woman behind him in line accused him of being a sex- offender. Plaintiff was forcibly directed to another cash register by another employee, who stated that the woman behind him “was afraid of you.” Plaintiff completed his purchase while being monitored by the employee, and then this employee directed the plai...

Excerpt: ...0 mph. Mr. Sansom was able to ambulate on his own at the scene of the accident. Mr. Sansom was brought to the Kaweah Delta Medical Center Emergency Room at approximately 12:25 pm that same day. Defendant Nichole S. Atherton was the admitting physician at the KDHC Emergency Room at the time that Mr. Sansom arrived there. On May 24, 2018 at 4:54 p.m., an addendum authored by KDHC resident Aashini Shah noted that as to Mr. Sansom that “[w]hen righ...

Excerpt: ... injury action that arises out of a traffic accident. During the plaintiffs' depositions, testimony provided by the plaintiffs suggested that plaintiff Robert Aguilar has a claim for loss of consortium damages based on the injuries that his wife Lillian Aguilar sustained in the accident from which this lawsuit arises. Robert Aguilar now moves the court to amend the plaintiffs' complaint to add a loss of consortium claim to the damages that the pl...

Excerpt: ...iry, Inc. asserts a single cause of action for Declaratory Relief. Cross-Defendant City of Corcoran demurs asserting the pleading does not raise a cognizable request for declaratory relief. The court in its discretion may deny a claim for declaratory relief where it is not necessary or proper. (CCP 1061.) Any doubts as to the adequacy of a declaratory relief claim are to be resolved in favor of permitting the claim. (Warren v. Kaiser Found. Healt...

Excerpt: ...intiff's Request for Judicial Notice is granted under Evidence Code §452(g) as to records obtained from the California Secretary of State. Defendants' Request for Judicial Notice is granted under Evidence Code §452(g) as to the fact that it is a public entity. As to the plaintiff's First Amended Complaint, 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...

Excerpt: ...quate. No response to the demurrer has been filed. For purposes of assessing the sufficiency of the demurrer, the court assumes the truth of all well- pleaded facts. (Blank v. Kirwan (1985) 39 Cal. 3d 311, 318.) Also accepted as true are all facts that may be implied or inferred from those alleged. (Marshall v. Gibson, Dunn & Crutcher (1995) 37 Cal. App. 4th 1397, 1403.) In addition, relevant matters that are properly the subject of judicial noti...

Excerpt: ...BA International v. Mark Nakata et.al) that is currently pending in the Fifth District Court of Appeals. (the Fresno appeal) Except for orders that appear in the appellate court's file for this case, this court cannot take judicial notice as to the contents of documents in the appellate 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...

Excerpt: ...to the attorney-client privilege and to order Defendants precluded from utilizing these emails and to order portions of deposition transcripts referencing the subject emails be sealed; (2) To Grant Plaintiff's motion as to confidential closed-session information and to order portions of any deposition containing references to closed-session information be kept under seal pending further order of the court. Plaintiff provided documents responsive ...

Excerpt: ...e. Defendant Hector Mendez-Alvarado is a professional driver who was operating a semi-truck through a construction zone at approximately 58-60 mph when he took his eyes off the roadway and collided with the plaintiff's automobile. Defendant took his eyes off the roadway to take something out of a “fridge” that he had installed in his semi-truck. There are presently no specific facts plead against defendant MGM Labor Contracting, Inc. in the p...

Excerpt: ...new this judgement, defendant advised plaintiff that this credit card account was fraudulently opened and that the defendant was the victim of identity theft. When plaintiff investigated the defendant's representation, plaintiff concluded that this account was indeed fraudulently opened and now seeks to set aside this judgment. CCP §473(b) provides in relevant part “The court may, upon any terms as may be just, relieve a party or his or her le...

Excerpt: ...ies as a passenger in a pickup truck that went out of control, left the roadway, hit an embankment, and rolled over. The truck, driven by plaintiff's father, Ernesto Moreno Lopez, was owned by defendant Graceland Dairy, Inc. – a company affiliated with Mr. Lopez's employer defendant Visser Ranch. Plaintiff contends that Mr. Lopez was basically “on call” 24-7 with Visser Ranch and was urged to use the company truck. This truck was loaded wit...

Excerpt: ...r fraud). Defendant shall file its answer to the remaining allegations of Plaintiffs' Complaint within ten (10) days of this order. Defendant demurs to the Second Cause of Action (for Intentional Interference with Prospective Economic Advantage), the Fourth Cause of Action (for Fraud), and the Fifth Cause of Action (for Negligent Misrepresentation) asserting each is barred by the applicable statute of limitations. Defendant asserts that each clai...

Excerpt: ... Defendant Tamara Lagomarsino and her Defense Counsel of Record Brian O'Driscoll. Plaintiff's motion is vague and unclear. It appears Plaintiff wants Defendant's attorney sanctioned for alleged misconduct at Plaintiff's deposition. Plaintiff also asserts Defendant and her attorney refused to mediate this dispute despite a stipulation to do so. Plaintiff asks that her deposition be stricken and asks for additional relief which is unclearly and ina...

Excerpt: ...sed for Defendant's agricultural operations. Plaintiff asserts two causes of action against Defendant, for premises liability and negligence. Defendant moves for summary judgment asserting he does not own the tank, ladder or tank stand, he did not design or manufacture the tank or the ladder, and that he had no duty to maintain the tank or ladder. Defendant further asserts he had no knowledge prior to the incident of any problem with the ladder. ...

Excerpt: ...murrer cannot be considered because it was untimely filed lacks merit and is without authority. Plaintiff relies on CCP 430.40 which requires a responsive pleading within thirty days of service. However, Plaintiff cites no authority that a late filing cannot be considered by the court. It is an elementary principle of civil procedure that a pleading filed before entry of default, precludes a default. (Goddard v. Pollock (1974) 37 Cal.App.3d 137, ...

Excerpt: ... unrestrained dog to chase Plaintiff giving rise to fear of an attack which caused Plaintiff to fall and suffer injuries. Plaintiff's Complaint appears to contain a single cause of action for negligence, but also includes prayers for injunctive and declaratory relief (Defendant did not challenge Plaintiff's pleading but filed an answer denying all allegations). Plaintiff's motion is not clear. The motion is for summary judgment, but the body of P...

Excerpt: ...ive damages, attorney's fees, numerous additional allegations of breaches of duty and/or contract, and at least one new claim arising after the subject legal representation relationship had terminated. Plaintiff also seeks to add claims of new lawsuits which have been allegedly filed against it. There is no allegation these new lawsuits have been resolved. Plaintiff asserts the basis for a punitive damages claim was not known until after the depo...

Excerpt: ...n July 26, 2013. The City of Visalia rejected this claim on September 9. 2013, and plaintiff filed his first action on these facts (VCU 255484) on March 10, 2014. Plaintiff dismissed this first action on September 25, 2019 and then filed this current lawsuit on October 7, 2019. This court sustained the City's demurrer without leave to amend on January 2, 2020. This ruling resulted in Mr. Hernandez's filing of the motion for reconsideration that i...

Excerpt: ...st Amended Complaint; (2) To Deny the Motion by Defendant Choice Drilling, Inc. to Strike Portions of First Amended Complaint; and (3) To Overrule the Demurrer by Defendant Sean Pichinson to First Amended Complaint. Defendants shall file their answers to the First Amended Complaint within ten (10) days of this order. For purposes of assessing the sufficiency of the demurrer, we assume the truth of all well-pleaded facts. (Blank v. Kirwan (1985) 3...

Excerpt: ...of filings Ms. Fannin has recently made in cases which were closed in 1995 and in 1992. (Filings were on May 23, 2019; July 1, 2019; July 17, 2019; August 30, 2019; September 24, 2019; December 20, 2019; and December 24, 2019 (current documents). Both cases were civil harassment petitions. The 1992 case (VCU154130-92) appears to have been brought by Tracy Miller against Cari Greiner. The 1995 case (the subject proceeding) appears to have been bro...

Excerpt: ...pril 29, 2017, defendant Hettinga Transportation Company was hired and retained to procure, deliver, and stack hay at the place of business of plaintiff Ricardo Gonzalez's employer in Tipton, California. On the day of this delivery, Mr. Gonzalez was allegedly struck when one or more hay bales fell on him as he was attempting to unload these hay bales at AC Enterprises. Plaintiff contends that his injuries were the result of the failure of defenda...

Excerpt: ...rom a review of its file for this action that timely and proper notice of plaintiff Ally Bank's motion for summary judgment was given to all affected parties. The Court has not received any response to this MSJ. Ally Bank's Request for Judicial Notice 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 or...

Excerpt: ...aintiff Calftech has elected to join in defendant Zoetis, Inc.'s motion for order determining good faith settlement pursuant to CCP §877.6 and for judgment on the pleadings. No opposition has been filed to this motion by Nutrius, LLC. A defendant's failure to file written opposition creates the inference that the motion is meritorious. Where no opposition to a motion is timely filed with the Court, the court may only hear argument limited to a r...

Excerpt: ...nt filed in a related action satisfies the filing requirement following rejected claims. OPERATIVE FACTS Petitioner Blain Farming Company is a farm management company that oversees the growing of pecans and walnut on property owned by the City of Visalia adjacent to its Waste Water Facility. At issue in Blain's petition is whether Blain is entitled to relief under Government Code §946.6 from the requirement to timely file a claim for money damag...

Excerpt: ...U 281021 shall be deemed to be the lead case for this consolidated action, and all subsequent pleadings and papers to be filed in these consolidated cases shall be filed in this lead case. Defendants Berta Alvarez, Bernice Bedolla, and Javier Bedolla, Jr. shall continue to make the mortgage payments on the property at issue in this case and will receive a credit for these payments against the reasonable rental value of this property due to plaint...

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: ...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: ..., 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: ...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: ...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: ...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: ...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: ...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: ...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: ...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...

Excerpt: ...ris are sustained as to the “Kemp” debt and overruled in all other respects. Plaintiffs' objections to the declaration of Laura Kemp are sustained as to objection number 9 and overruled in all other respects. 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 a...

Excerpt: ...detailed a number of deficiencies which must be addressed before the petition could be granted. Plaintiff requested the hearing be continued and has filed a supplement in support of the petition. 1. Sufficiency of Amount of Settlement ($197,500.00) Further information is required. Plaintiff has provided additional information concerning the risks of further litigation including Defendant's potential defenses. However, Plaintiff has provided no in...

Excerpt: ... is any substantial evidence, or reasonable inferences to be drawn therefrom, in support of the verdict, the motion should be denied.” Hauter v. Zogarts (1975) 14 Cal.3d 104,110 BFR principally contends that John Cunningham's act of killing himself so far outweighs any “passive” failures on the part of BFR that the court must conclude as a matter of law that the negligence of BFR was not a substantial factor in causing Cunningham's death. B...

Excerpt: ...rom the notice of this ruling; (2) To grant defendant Maria Garcia's motion for leave to amend answer. Defendant Maria Garcia shall file her amended answer to plaintiff's complaint within ten days from the notice of this ruling. GENERAL ALLEGATIONS This is a collection action brought by plaintiff Collectibles Management Resources as the assignee of Skylife Ambulance for services provided by Skylife Ambulance. Mrs. Garcia handles the family's busi...

Excerpt: ..., 2019. Proof of service filed with the documents indicates Plaintiff was provided notice of the demurrer by mail on June 3, 2019. As on July 15, 2019, no response to the demurrer has been filed. By her Complaint, Plaintiff seeks to attack non-judicial foreclosure proceedings initiated by Defendants related to Plaintiff's property at 30781 Commercial Road, Visalia, California. Plaintiff purports to assert eleven (11) separate causes of action in ...

Excerpt: ... Complaint; and (2) To Deny the Motion by Defendant Tri-County Medical Transport, Inc. to Strike Allegations of the Third Amended Complaint. Defendant shall file its answer to the Third Amended Complaint within fourteen (14) days of this order. As noted by the court in rulings on prior demurrers, Plaintiffs' complaint is largely a boilerplate form complaint which appears to have been designed for an action against a long term care facility. No ca...

Excerpt: ...iff and Cross-Defendants' Motion to Strike Second Amended Cross-Complaint. (1) The allegations of the Second Amended Cross-Complaint are sufficient for purposes of pleading to assert delayed discovery of Cross-Defendants' changes in the business of California Citrus Producers, Inc. giving rise to claims asserted for breach of contract and breach of the covenant of good faith and fair dealing. The pleading asserts the changes took place in 2013, b...

Excerpt: ... General Partners LLC, and Guaranty Plus Properties, LLC (collectively the “Developer Defendants”) have agreed to accept the sum of $11,500.00 from cross-defendant Ladell in exchange for a release of all claims, including a waiver of Civil Code §1542 that would arise out of Ladell's work on the properties at issue in this action. The Developer Defendants have also agreed to release Ladell from all liability arising out of the work performed ...

Excerpt: ...amy Sidharaju first supplemental interrogatory and first supplemental request for production of documents, and order that the allegations and facts set forth in Requests 31 through 35 of plaintiff's second set of requests for admission to defendant Carrasco be deemed admitted. Defendant Carrasco shall provide a full and complete verified response without objection to plaintiff Krishnaswamy Sidharaju's first supplemental interrogatory and first su...

Excerpt: ...he alternative motion as to the issue of vicarious liability under the doctrine of respondeat superior. In this action, Plaintiff seeks recovery for Workers' Compensation benefits paid to its insureds as a result of a motor vehicle accident which occurred on July 1, 2016. Plaintiff asserts Defendant Brian Adney was the driver of the vehicle which collided with Plaintiff's insureds. Defendant, Valley Ag Resources, LLC in the subject motion asserts...

Excerpt: ... to the plaintiff's complaint. The Court has not received any response to this motion. Plaintiff Crown Asset Management, LLC brings this action to recover on a delinquent credit card obligation owed to it by defendant Kelli D. Cather in the principal sum of $1,623.56 Plaintiff's complaint pleads causes of action for the common counts of account stated, open book account, and money lent. Defendant Cather's answer to Crown Asset Management, LLC's c...

Excerpt: ...submitted as to the basis of the settlement amount for the court to make the merits evaluation required by Kullar v. Foot Locker Retail, Inc. (2008) 168 Cal.App.4th 116, 129. Plaintiff estimates a class of 380 members. The settlement agreement does not require class members to submit a claim to receive a distribution. Plaintiff provides no estimate of the total value of asserted wage and hour claims. Plaintiff should provide a detailed factual ex...

Excerpt: ...nse to this motion. This is a construction defense action based on the homeowners' alleged defects in homes in the South Cameron Creek and Olde Arbour development in Visalia. Defendant-Cross Defendant McMillin Homes was the developer and general contractor for these projects. McMillin hired subcontractors to perform the work on the homes in these project, including McClure Door, Inc. dba Central Valley Overhead who would supply and install garage...

Excerpt: ...e From Plaintiff to Defendant City of Tulare's Demurrer to Plaintiff Cramer's Complaint.” The court notes that the previous demurrer by the City of Visalia Defendants was sustained, with leave to amend on May 23, 2019. 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.App.3d 103, 114. An exception, however, is that the general r...

Excerpt: ...ny time from February 15, 2009 to January 11, 2019. Plaintiffs submit the following settlement terms for preliminary approval as per Kullar v. Footlocker Retail (2008) 168 Cal.App.4th 116, 129: The proposed gross settlement amount (GSA) is $550,000.00. From this $550,000 the proposed deductions are: (1) a maximum of attorney fees of $183,333.33, (3) a maximum of $35,000.00 in litigation costs; (3) Enhancement payments of $5,000.00 each to the two...

Excerpt: ...t seq. Plaintiff's moving papers were filed on April 16, 2019. Plaintiff has not filed a proof of service to show Defendant R&R Towing has been served with the motion. Because the Defendant has not appeared, personal service is required. (CRC 3.1150.) Additionally, Plaintiff has not sought or obtained an order to show cause which is required where the Defendant has not yet appeared. Although not properly captioned and although confusingly written...

Excerpt: ...ction defect action where the plaintiffs have agreed to accept the sum of $4,000.00 from cross-defendant M&B Carpentry in exchange for a release of all claims arising out of M&B Carpentry's work on the properties at issue in this action. 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 to...

Excerpt: ...s Compromise as to minor plaintiff Steven Zwiderweg had been approved. Plaintiffs now seek to vacate this dismissal. Defendant has filed a “non-opposition” to Plaintiffs motion. 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 s...

Excerpt: ... to the discovery requests were waived. (CCP 2030.290(a) and CCP 2031.300(a).) Plaintiffs provided untimely responses, each of which contain boilerplate objections. By this motion, Plaintiffs seek relief from the objection waiver. Defendant asserts discovery was propounded in February and responses were due by March 18, 2019. Plaintiffs assert they are in “substantial compliance” with the requirements of the discovery act because responses we...

Excerpt: ...�� Civil – at her address as stated in the moving papers for this matter. This order shall be deemed effective when a proof of service on plaintiff Elyssa Seth has been filed with the court. The court finds that moving parties Ricardo Y. Merluza and Antony A. Thomassian of Merluza Law have complied with the provisions of California Rule of Court 3.1362 The supporting declaration of attorney Ricardo Y. Merzula states that there has been an irrev...

Excerpt: ... Abuse under Welfare and Institutions Code §15610 et seq. and Trespass. Ms. Norton now moves the court for trial preference under CCP §36 because she claims to be 72 years old and the defendant is in his 80's. CCP §36(a) provides that “A party to a civil action who is over 70 years of age may petition the court for a preference, which the court shall grant if the court makes both of the following findings: (1) The party has a substantial int...

Excerpt: ...ndants Wathen Castanos Hybrid Homes, Inc., Skyview Crest LP, Skyview Crest Partners, LLC and Wathen Castanos Project General Partners LLC subject to approval by this court. In exchange for this $2,500.00 payment, these defendants agree to release any and all claims against Granite Hills in this action and to defend and indemnify Granite Hills against any direct claims that the plaintiffs assert against Granite Hills. CCP § 877.6 affords the cour...

Excerpt: ...n. This is a construction defect action where the plaintiffs have agreed to accept the sum of $10,384.62 from cross-defendant Fresno Precision Plastics, Inc., in exchange for a release of all claims arising out of Fresno Precision Plastics, Inc.'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 Fresno Precision Plastics, Inc. on the propert...

Excerpt: ...ate. No response to the demurrers has been filed by Plaintiff. At Case Management Conference on May 13, 2019, Plaintiff indicated he would be filing an 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. Gallow Winery(1977) 69 Cal.App.3d 103, 114. An exception, however, is that the general rule is limited to those material facts properly pl...

Excerpt: ...by the court on March 7, 2019. The court granted the motion. The court's order was filed on March 13, 2019. Plaintiff's current motion seeks to set aside and vacate the order due to extrinsic fraud. Plaintiff's motion to set aside and its supporting documents are insufficient to show Plaintiff failed to receive notice of Defendant's motion for pre-filing requirement or that Defendant's service efforts were improper or ineffective. In addition, Pl...

Excerpt: ...elief from default and default judgment under CCP 473(b). Defendant asserts she is entitled to relief on grounds of mistake, inadvertence, surprise and excusable neglect. Default was entered on February 6, 2019. Default Judgment was entered on February 15, 2019. Defendant's motion is brought within six months of default and default judgment and is, therefore, timely. With her moving papers, Defendant submits her proposed answer to the complaint a...

Excerpt: ...aintiff's current motion fails to address the deficiencies previously noted by the court. Defendant has not appeared in this action. Plaintiff has not filed with the court the written stipulation referenced in Plaintiff's supporting declaration (which would require payment of Defendant's appearance fees). Alternatively, Plaintiff has not sought entry of Defendant's default in this action. Plaintiff has failed to dismiss all Doe Defendants named i...

Excerpt: ... Special Interrogatories, Set One. Plaintiff shall provide further verified, written responses to special interrogatories numbered 4, 14, 17, and 19 within ten (10) days of this order. Plaintiff Connie Benitez is ordered to pay to Defendant Tri-County Transport, Inc. the sum of $800.00 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 resp...

Excerpt: ...sagrees with Plaintiff's assertion that the clerk should attempt to reconcile the discrepancies and do the math to discover why Plaintiff's calculations differ on each document to lead to a correct total renewed judgment. In paragraph 5 of the application for renewal of judgment, Plaintiff should enter the following amounts: a. The total judgment as previously entered: b. The costs after judgment from the cost memorandum; c. Subtotal of a) and b)...

Excerpt: ...CP §368.5 to bring this motion as the purchaser-assignee of a note and deed of trust previously held by Bill B. Long. This action involves three liens against a four-acre olive orchard. Bob's Petro Products' Lien was the most junior of the three lienholders. From late-December 2018 through February of 2019, Bob's Petro was negotiating with Mr. Long to acquire his senior lien on the property. On or about December 26, 2018, McGowan and Anderson su...

Excerpt: ...enor”) class action seeks recovery from defendant Calftech Corporation for various alleged wage and hour violations. The parties participated in mediation and reached an agreement to settle intervenor's class claims. The class consists of 225 former employees of defendant who worked for the defendant from August 5, 2012 to January 18, 2019. The gross settlement amount is $500,000.00. If all of intervenor's requested deductions are approved, the...

Excerpt: ...her case management conference on May 14, 2019 prepared to schedule a new trial date. Where appropriate, pleadings may be amended at any stage of the litigation. Whether to permit amendment is within the sound discretion of the trial court. (CCP473(a)(1).) It is the policy of the courts to resolve all disputes between the parties in the same action. The court's discretion to permit amendment of pleadings is to be liberally exercised. (Nestle v. S...