Excerpt: ...is is an action for breach of contract and account stated that arises out of a contract between defendant and plaintiff's assignor Performance Dairy Service. The court's file indicates that plaintiff served defendant Kampen on July 5, 2019, at 6:08 p.m. at his Visalia residence address. However, defendant indicates in his declaration in support of this motion that because on July 5, 2019 he was at the bedside of a dying friend between 2:00 p.m. a...

Excerpt: ...ton and Sam Bruce are overruled. This action is brought by Plaintiffs as representing current and former employees of Defendant working as “setters” or “finishers.” Defendant asserts that 97 of the potential class members have signed claim releases and are no longer part of this action. Defendant asserts a large number of the remaining potential class members did not work prevailing wage jobs or travel to jobsites and thus do not have ove...

Excerpt: ...ake judicial notice as to the contents of documents in the 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 Co. v. Fremont General Corp. (2007) 148 Cal.App.4th 97, 113. Thus, the court cannot take judicial notice of the contents of the plaintiff's complaint. Summary judgment is granted when no triable issue exists as to any material f...

Excerpt: ...nsfer of this action within 30 days from the notice of this ruling. Defendant Baker & Hostetler LLP's Request for Judicial Notice is granted as to Exhibits “A” and “B” of this defendant's request for judicial notice under Evidence Code §452(c) and §452(d). Plaintiff Tulare Local Health Care District is a public agency located in Tulare County. Defendants Parmod Kumar, MD, Linda Wilbourn, and Richard Torrez are residents of Tulare County...

Excerpt: ...f's third, fifth, and sixth causes of action are overruled. Defendants Planas and Saludes shall have twenty days' leave to answer the plaintiff's complaint. Defendant Kevin Planas' Request for Judicial Notice is granted under Evidence Code §452(h) OPERATIVE FACTS On April 2, 2015, plaintiff Connee L. Bantang (“Ms. Bantang), age 75, signed a quit claim deed that conveyed to defendant Kevin Planas (“Mr. Planas”) a one-half interest in real p...

Excerpt: ...rest on the judgment as provided by law, and the attorney fees and costs incurred to enforce this settlement agreement. All parties were given proper notice of this motion. The court has not received any response to this motion. This is an action arising around of a credit card obligation due and owing from defendant Kellie Neufeld to plaintiff American Express Centurion Bank. Plaintiff pleads causes of action for account stated, open book accoun...

Excerpt: ...eposit to be in full satisfaction of the obligations of California Republic Bank's under the court's order. The funds will remain on deposit subject to further order of the court and pending a determination of the appeal before the Fifth District Court of Appeals (Case No. F078689). No party is entitled to recover costs or attorneys' fees on this motion. The parties entered into a settlement agreement on the record in this court. Plaintiff subseq...

Excerpt: ... not submit the entire motion and initial declarations a second time. The class that is the subject of this case is as follows: “All persons employed by either of the Defendants, Sun Villaidence Opco, LLC or Lindsay Gardensidence Opco, LLC, in California in a non-exempt, hourly-paid employment position at any time during the time period from March 1, 2014 through the date of preliminary approval.” Insufficient information has been submitted a...

Excerpt: ...nt for Failure to Bring Action to Trial within 5 Years; and (2) To Deny the Motion by Cross- Defendants to Lift Discovery Stay as to Centex Homes' Cross-Complaint re: Crawford Damages These motions are brought by eight Cross-Defendants: Fenceworks, Inc.; McClure Door, Inc., Award Construction and Roofing, Inc.; Spence Fence Company; Ruben I. Tkacz; McClard Masonry Construction, Inc.; M&B Carpentry, Inc., and Lexington Insurance Company, obo Advan...

Excerpt: ...nt shall file his answer to the First Amended Complaint within ten (10) days of this order. Plaintiffs' action seeks damages for wrongful death/medical malpractice for treatment provided to Plaintiffs' decedent Dionicio Santillan. Plaintiffs also seek damages for emotional distress. Defendant demurs to Plaintiffs' First Amended Complaint asserting 1) Plaintiffs have improperly combined two separate claims – survivorship claims and wrongful deat...

Excerpt: ...t. Plaintiffs allege Defendant negligently flooded a roadway causing the subject accident resulting in the death of Margarito Hernandez Ortega. Plaintiffs Jose Luis Herndandez Rios and Maria Ines Ortega Aragon assert they are the dependent parents of the decedent. Plaintiff Maria Griselda Delgado Antuna asserts she is the putative spouse of the decedent and that the minor Plaintiffs, Adilene Hernandez Delgado and Alexander Hernandez Delgado are d...

Excerpt: ...Protective Order continued until the hearing on the application. Plaintiff contends he contracted with Defendants to handle his payroll services. Services to be provided by Defendants included taking funds from Plaintiff's account and depositing the funds with the IRS in satisfaction of Plaintiff's payroll tax obligations. Plaintiff alleges Defendants took funds from Plaintiff's account and failed to deposit the funds with the IRS leaving Plainti...

Excerpt: ...n abstract of judgment was recorded on March 26, 2012 with the Los Angeles County Recorder's Office (Instrument #20120460349). Plaintiff assigned its judgment to Movant, WV Capital Ventures, LLC on or about August 6, 2019. An amended abstract of judgment was recorded on September 5, 2019 with the Los Angeles County Recorder's Office (Instrument #20190908861). Movant asserts the judgment remains unpaid. The amount claimed due consists of the princ...

Excerpt: ...ct action where the plaintiffs have agreed to accept the sum of $500.00 from cross-defendant M & B Carpentry, Inc., in exchange for a release of all claims arising out of M & B Carpentry, Inc.'s work on a single home, located at 3732 Salle Street, Visalia. Plaintiffs have also agreed to release Centex Homes from all liability arising out of the work performed by M & B Carpentry, Inc. on the single home referenced in the settlement. CCP § 877.6 a...

Excerpt: ...nt as per California Rule of Court 3.1113(l) Also, a Request for Judicial Notice can be granted only as to the extent of the date of filing of the documents on file with the Court for this action and as to minute orders and other orders for this case that appear in the Court's file. Except for orders from the Court that appear in the Court's file for this case, the Court denies plaintiff's request for judicial notice as to the contents of other d...

Excerpt: ...ff Tracy Lee Fannin (“Ms. Fannin”) Complaint Harassment Relief from Damages for Slander/Libel; (2) To deny Ms. Fannin's Motion to Oppose 1992-1995 False Court Report Claims and Court Reports and False Police Reports with Name or Similar Names; (3) To deny Ms. Fannin's Motion to Consolidate and Vacate/Reopen/Correct False Claim Documents, and to Seal File This motion arises out of mutual restraining orders that this court granted in 1995 in fa...

Excerpt: ... Torrez under a durable power of attorney (executed more than 2 years prior to the settlement). Plaintiff John Torrez III died on July 15, 2019 before the settlement was completed. Plaintiff Bernadette Torrez filed the current motion to enforce the terms of the settlement. Defendant Parmod Kumar, M.D. opposes the motion. Defendant asserts the settlement cannot be enforced because it was not signed by Plaintiff John Torrez III. (Levy v. Superior C...

Excerpt: ...rincipal sum of $25,600.98 Plaintiff's complaint pleads causes of action for the common counts of account stated and open book account. Defendant Meyerstein's answer to Bank of America's complaint does not contest any of the allegations raised in the plaintiff's complaint, nor raise any affirmative defenses to the causes of action set forth in Bank of America's complaint. The extent of Mr. Meyerstein's answer to the plaintiff's complaint is limit...

Excerpt: ...ber 6 and overruled in all other respects. Defendant's objections to the Declaration of Robert B. Moeller are overruled. Defendant's objections to the Declaration of Chuck Stokke are overruled. Defendant's suggestion that Plaintiff is now asserting two new unpled claims for failure to warn and for failure to provide testing is not persuasive. The assertions by Plaintiff are sufficiently related to Plaintiffs claims including claims of misrepresen...

Excerpt: ...itch to the City of Visalia. Defendant Tulare Irrigation District (TID) is a shareholder. On December 27, 2016, Lake Kaweah underwent a flood release. As the result of this flood release, water released in the lake began to encroach on EDC's storage space. By December 31, 2016, EDC's water at Lake Kaweah was released in river channels or was diverted on the river system, causing EDC to lose water. On December 31, 2016, Marc Crenshaw, Watermaster ...

Excerpt: ...sion, Inc.'s motion to strike without leave to amend. Plaintiff's Request for Judicial Notice as to Exhibits “A” and “B” is granted only as to the date of filing of those documents on file with the Court for Case # VCU 271734 and as to minute orders and other orders for that case that appear in the Court's file for that case. Except for orders from the Court that appear in the Court's file for case # VCU 271734, the Court denies plaintiff...

Excerpt: ...parte application and motion to stay action arises out this court's March 28, 2019 ruling that denied defendants Gary Kupfer, Mary Ann Cantu, and County of Tulare's motion for summary judgment-adjudication. These defendants assert that their intention is to seek writ relief from the Fifth District Court of Appeal as to this court's March 28 ruling. Defendants' request for a stay of this action until the Fifth District Court of Appeal rules on the...

Excerpt: ...r Judgment on the Pleadings are sustained. OPERATIVE FACTS On or about June 22, 2006, Laura C. Woomer executed a note in the amount of $211,000.00 (the "Note) and received a loan from Countrywide Home Loans, ("Countrywide"), with ReconTrust Company, N.A. ("ReconTrust") serving as the Trustee and MERS acting solely as a nominee for Countrywide and its successors and assigns. This note was secured by a deed of trust encumbering ...

Excerpt: ...w Crest LP, Skyview Crest Partners, LLC and Wathen Castanos Project General Partners LLC subject to approval by this court. This $31,000 sum is inclusive of indemnity and any contractual defense fees. In exchange for this $31,000 payment, these defendants agree to release any and all claims against Northstar in this action and to defend and indemnify Northstar against any direct claims that the plaintiffs assert against Northstar. CCP § 877.6 af...

Excerpt: ...ontract agreement dated February 7, 2014. The agreement relates to a public works project known as the South Valley Animal Health Laboratory. Moving Defendant is the general contractor for the project. Plaintiff is a sub- contractor. The University of California is the owner of the project. Defendant Hartford Fire Insurance Company posted the payment bond for the project on behalf of Movant. By its Complaint, Plaintiff seeks recovery for addition...

Excerpt: ...us alleged wage and hour violations. The parties participated in mediation and reached an agreement to settle plaintiff's class claims. The class consists of 495 current and former employees of Defendant. The gross settlement amount is $800,000.00. If all of plaintiff's requested deductions are approved, the net settlement for distribution to class members would be $467,000. The Court is satisfied that plaintiff has sufficiently addressed the con...

Excerpt: ...rnia Rule of Court 3.1362(d) as to the service of the moving papers for this motion on the plaintiff and all other parties to this action. The Court has not received any response to this motion. The supporting declaration of Ricardo Y. Merluza establishes that the plaintiff Elyssa Seth has refused to cooperate with her counsel in the prosecution of her case, and has failed to respond to repeated inquiries from Mr. Merluza to contact him or his of...

Excerpt: ...c. to Plaintiff's Second Amended Complaint as to all causes of action, with leave to amend; and (2) to grant the Motion by Defendant Tri-County Medical Transport, Inc. to Strike Allegations of Plaintiff's Second Amended Complaint, with leave to amend. Plaintiff shall file any Third Amended Complaint within ten (10) days of this order. Plaintiff inexplicably continues to rely on what appears to be a form complaint designed for an action against a ...

Excerpt: ...nt statements of undisputed facts and three supporting points and authorities divided as 1) Tulare County's separate statement, 2) Pruneda's separate statement, and 3) Cantu and Kupfer's separate statement. Plaintiff has filed opposition to each of the three statements of undisputed facts. Plaintiff's objections to the declarations of 1) John Mauro, 2) Gary Kupfer, 3) Mary Ann Cantu, 4) Maggie Pruneda, 5) Melissa Watson, 6) Juliet Webb, 7) Lizett...

Excerpt: ...ing in this matter addresses only the issue before the court and not whether the attorney/client relationship ends by way of operation of law at the conclusion of the case. The Court finds that moving party attorneys Mark A. Waller and David D. Schneider of Dowling Aaron, Incorporated have complied with the provisions of California Rule of Court 3.1362(d) as to the service of the moving papers for this motion on the plaintiffs. The Court has not ...

Excerpt: ...earance by any party. At the hearing on the writ petition held January 24, 2019, the court adopted its tentative ruling denying the petition. Petitioner seeks reconsideration of the court's ruling. Although Petitioner seeks to characterize his motion as containing new facts, the motion and supporting documents are a restatement of arguments raised by Petitioner in his petition and in his reply to the opposition to his petition. No new facts or la...

Excerpt: ...tervenor Fernando Aguirre (“Intervenor”) 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 re...

Excerpt: ...all appearances will be permitted. Counsel should be prepared to present detailed documentation to support all cost claims including amounts, purpose, when incurred, and statutory authority permitting the cost claim. In addition, counsel should be prepared to present a spreadsheet containing the details of the requested cost calculations under CCP 998. (1) Plaintiff's Motion for New Trial. Although the case was filed as an unlimited civil proceed...

Excerpt: ...cted 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 Deutschmann v. Sears, Roebuck & Co. (1982) 132 Cal.App.3d 912, 915 Propose...

Excerpt: ...t Solar Marketing, Inc. (“Solar”) and defendants Orpheus and Dora Renteria Haywood (“the Haywoods) that provided for Solar to install a solar energy system at the Haywoods' residence at a cost of $48,000. After Solar installed the solar energy system at the Haywoods' residence, the Haywoods refused to pay Solar for the work performed and demanded that Solar perform work not included in the terms of the contract. Solar responded with this pr...

Excerpt: ...y 14, 2019 at 8:30 am; dept. 2. Plaintiff's counsel is to appear and advise the court of the current status of 18 additional class member claims not included in the class notice. (Court-call is welcome) If all additional claims have been resolved within the $40,000.00 indicated in counsel's Supplemental Declaration filed February 6, 2019 the court is prepared to grant the motion as follows: The court preliminarily approved the terms of the settle...

Excerpt: ... Defendants are Zoetis, Inc. and Nutrius, LLC who are the manufacturer and distributor of Bovatech, a feed additive for cattle. Calftech alleges that it had previously used the additive Rumensin, an antibiotic that is used to improve food efficiency and control coccidiosis in cattle. Calftech alleges that the defendants represented to it that Bovatech would effectively control coccidiosis, improve feed efficiency in the cattle, and was superior t...

Excerpt: ...e dog to be humanely destroyed. The court is to review the record and apply its independent judgment to determine whether the decision of the administrative hearing officer is adequately supported. “When a trial court applies the independent judgment test in reviewing an administrative agency decision, it determines whether the agency's findings are supported by the weight of the evidence (CCP § 1094.5(c)). This is a kind of limited trial ...

Excerpt: ...ood faith settlement A review of the Court's file indicates that all necessary parties have been given timely and proper notice of these motions. There has been no response to these motions. This is a construction defect action where the plaintiffs have agreed to accept the sums of $1,000.00 from cross-defendant San Joaquin Stairs, Inc., and $23,000.00 from Kennies Indoor Comfort Specialists, Inc. in exchange for a release of all claims arising o...

Excerpt: ... paid Defendant $3,400,000.00 prior to any crop sales. Plaintiff asserts sales were less than the amount paid to Defendant and asserts Defendant is required to repay Plaintiff the sum of $499,631.37. Plaintiff's complaint is for breach of contract and related common counts. Defendant demurs asserting any written agreement contains no obligation for Defendant to pay any amount to Plaintiff and asserts to the extent there is any separate oral agree...

Excerpt: ...tion that the vehicle was towed at the request of the Visalia Police Department and that the tow was improper. The court notes that a summons was recently issued in this action on January 31, 2019 and no party defendants have appeared. It does not appear that R&R Towing is a party to this action. Plaintiff's application is procedurally deficient. Plaintiff has failed to adequately describe the vehicle in which he claims an interest. No license nu...

Excerpt: ... Alternative, Limiting the Depositions of Current and Former Out-of- State Employees. The parties are directed to meaningfully meet and confer in good faith to resolve this discovery dispute. If unable to resolve, the parties are directed to personally appear at the hearing for this discovery motion. No Court Call will be permitted for the hearing on his motion except to advise the court that this discovery dispute has been resolved. PLAINTIFF'S ...

Excerpt: ...Institute, Inc. for Summary Judgment as to all causes of action asserted against moving Defendants; and (2) To Grant the Motion by Defendant Sequoia Surgery Center, LLC for Summary Judgment as to all causes of action asserted against moving Defendant. The Request for Judicial Notice by the Frank Feng, D.O. Defendants is granted. Plaintiffs' objections to the declaration of Timothy Watson, M.D. are overruled. Plaintiffs' objections to the declarat...

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Excerpt: ...udicial Notice is granted as to Items 1-6 of plaintiff's Request for Judicial Notice under Evidence Code §452(d). Plaintiff's Request for Judicial Notice is granted as to Item #7 of plaintiff's Request for Judicial Notice only as to the date of filing of the documents on file with the Court for this action and as to minute orders and other orders for this case that appear in the Court's file. Except for orders from the Court that appear in the C...

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

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

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

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

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

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

Excerpt: ...(c)) and must view the evidence and inferences "in the light most favorable to the opposing party." See Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843; Ragland v. U.S. Bank Nat'/ Assn. (2012) 209 Cal.App.4th 182, 199 "If a party moving for summary judgment . . . would prevail at trial without submission of any issue of material fact to a trier of fact for determination, then he should prevail on summary judgment." Ag...

Excerpt: ... all defendants except Castlewood Partners, Inc. without leave to amend as to plaintiff's first and second causes of action and directed the plaintiff to file an amended complaint within thirty days from the notice of this ruling. The notice of ruling was served by mail on April 24, 2018, and on May 2, 2018 plaintiff responded with the motion for reconsideration that is presently before this Court. AUTHORITY AND ANALYSIS The legislative intent be...

Excerpt: ...ttlement that was preliminarily approved on February 8, 2018, including the supporting declarations of Javier Larios, Norman Alcantara, Santos Gomez, and Gregory N. Karasik. From this review the Court makes the following findings; (1) The requirements for class certification under Code of Civil Procedure §382 are satisfied as to, and certifying for settlement purposes, a settlement class comprised of all persons who at any time between March 9, ...

Excerpt: ...inal approval of class action settlement that was preliminarily approved on March 15, 2018, including the supporting declarations of Manuel Soto, Maria Esmeralda Vizzusi, Santos Gomez, and Mai C. Vang. From this review the Court makes the following findings: 1. All the requirements for class certification under Code of Civil Procedure §382 are satisfied as to, and certifying for settlement purposes, a settlement class comprised of all persons wh...