Excerpt: ...filed an answer to the underlying complaint in this matter August 15, 2022. Defendant Bauer was also named in a cross-complaint filed October 13, 2022 and answered the cross- complaint on November 15, 2022. Bauer now moves to amend his answers. All parties have stipulated to the amendment seeking to add the affirmative defense of sudden emergency. Authority and Analysis The Court may, in the furtherance of justice, and upon any terms as may be pr...

Excerpt: ...ion for judgment on the pleadings to be hearing July 18, 2023. The filing of this motion one day prior to the hearing date violates the Court's Standing Order No. 01-002 as follows: "TO EFFECT THE SUMMARY INTENT OF THE UNLAWFUL DETAINER STATUTES, THE COURT FINDS GOOD CAUSE TO SET THE HEARINGS ON ALL DEMURRERS, MOTIONS TO STRIKE, AND OTHER PRE-TRIAL MOTIONS ON WHICH THERE IS NO SPECIFIC STATUTE STATING OTHERWISE IN ACCORDANCE WITH CODE OF CIVIL PR...

Excerpt: ...ons was continued to permit the parties to meet and confer as to the writ applications. (1), (2), (4) and (5) The Court further notes that default was entered against as to Prime Ag, Kaur and Singh on July 12, 2023. The Court's understanding is that, upon entry of default, its jurisdiction is limited to entry of default judgment upon a sufficient showing or consider a motion for relief from the default. (We] & Brown, Cal. Prac. Guide: Civ. Proc. ...

Excerpt: ...ts as to the managing agent issue. The motion to strike the amended complaint of Plaintiff as to pun-tive damages arises as a result of the Court's ruling on the motion to strike portions of the initial complaint. In the Court's March 14, 2023 ruling, it found that: "Plaintiff sufficiently alleges oppression. Oppression is defined above and Plaintiff alleges that Defendants knew that the room assigned to Plaintiff was infested with bed bugs prior...

Excerpt: ...arris Road Springville, California 93265 ("Subject Property"), the Court held trial on May 16, 2023, granted judgment for possession for Plaintiff after trial, cancelled the rental agreement, issued the writ immediately, and awarded $3,896 to Plaintiff. The writ of possession was issued May 17, 2023. Defendant Scott now brings this ex parte motion to vacate the Court's judgment and stay execution of judgment. In support, Defendant states she did ...

Excerpt: ...dence OPCO LLC and Providence Group of California LLC. Specifically, the complaint alleges "Defendant failed to: (1) protect MR. TROY from health and safety hazards (3) [sic] provide necessary care and protection in light of his vulnerable condition and his inability to care for his own needs; (4) provide medical care for physical and mental health needs; (6) create and update an adequate plan of care to protect MR. TROY given the COVID-19 outbre...

Excerpt: ...rty located at 707 N. Newcomb St. #64 Porterville CA 93257 ("Subject Property"). This isa three day notice to pay rent or quit matter. Per diem rent is noted in the complaint at $19 per day. Defendant Buenrostro was served via personal service of the complaint on April 7, 2023. On May 4, 2023, judgment was entered for possession and for damages in the amount of $7,434 inclusive of past due rent, holdover damages and costs. On May 5, 2023, the wri...

Excerpt: ...involves a residence located at 565 S. Walnut #A Porterville, CA 93257 ("Subject Property"). This is a three day notice to pay rent or quit matter. The notice was served April 9, 2023 and this action as filed April 20, 2023. The proof of service filed May 5, 2023 indicates that Defendant Brady was served with the summons, complaint and other required documents via personal service by a California Sheriff on May 1, 2023. On May 9, 2023, default wa...

Excerpt: ...s were agreed upon by the parties: Plaintiff to pay approximately $44,000 to bring Wells Fargo loan current; Plaintiff to pay approximately $30,000 to Defendants at close of escrow; Defendants will have 30 days to vacate property; Defendants subject to daily penalty of $70 if not vacated; Defendants will leave loan in place and deed title of property to Plaintiff, Plaintiff agrees to take title subject to "Wells Fargo Deed of Trust;" Plaintiff to...

Excerpt: ...cate the unit by April 7, 2022, plaintiff will vacate the judgment and file a dismissal with prejudice by April 19, 2022, or defendant may file an ex parte declaration to vacate judgment and dismiss this action with prejudice." The stipulation is signed by both parties and further contains a term indicating the Court shall retain jurisdiction to enforce the stipulation. The Court entered its order as to these terms on March 8, 2022. Defendant has...

Excerpt: ...1) Facts re: Amended Petition of Marcellus Luque The Court notes it has reviewed the amended petition filed as to Marcellus Luque. The following is based upon the amended #tition and related documents filed April 12, 2023. Petitioner is Vanessa Siquina, the parent of the 4-year-old minor Marcellus Luque. Petitioner now brings a petition to approve the compromise of a settlement offer to the minor child. According to the Petition, on April 28, 201...

Excerpt: .... On February 14, 2023, Plaintiff filed this unlawful detainer action. Plaintiff was unable to effect service on Defendant Ronald Silva either personally or through due diligence in any other manner specified in Article 3, Chapter 4, Title V of the Code of Civil Procedure. Thereafter, Plaintiff filed an application to permit service by posting and mail. The Court, on March 8, 2023, granted the motion and ordered the posting of the summons, compla...

Excerpt: ...of corroborative fact to remain under seal and confidential. "The court shall keep under seal and confidential from the public and all parties to the litigation, other than the plaintiff, any and all certificates of corroborative fact (Code of Civil Procedure S 340.1, sub. (0).) The same ruling in this matter denied a motion to proceed under a fictious name because the Doe Defendant 1, School District had not yet been served and therefore could n...

Excerpt: ...ntiff served a sixty day notice to terminate ("Notice"). On February 14, 2023, Plaintiff filed this unlawful detainer action. Plaintiff was unable to effect service on Defendants Jordan Silva and Ronald Silva either personally or through due diligence in any other manner specified in Article 3, Chapter 4, Title V of the Code of Civil Procedure. Thereafter, Plaintiff filed an application to permit service by posting and mail. The Court, on March 8...

Excerpt: ... alleges and complains that Judge Ide questioned Plaintiff about whether Plaintiff was holding herself out as her congregant's attorney. Plaintiff identifies no precise cause of action but references freedom of religion and a violation of her Fourteenth Amendment due process and equal protection rights. In addition to monetary damages, Plaintiff seeks an order removing Judge Ide from presiding over "any and all matters pertaining to my person thr...

Excerpt: ...ntiff served a sixty day notice to terminate ("Notice"). On February 14, 2023, Plaintiff filed this unlawful detainer action. Plaintiff was unable to effect service on Defendants Jordan Silva and Ronald Silva either personally or through due diligence in any other manner specified in Article 3, Chapter 4, Title V of the Code of Civil Procedure. Thereafter, Plaintiff filed an application to permit service by posting and mail. The Court, on March 8...

Excerpt: ...s and complains that Judge Ide questioned Plaintiff about whether Plaintiff was holding herself out as her congregant's attorney. Plaintiff identifies no precise cause of action but references freedom of religion and a violation of her Fourteenth Amendment due prc„cess and equal protection rights. In addition to monetary damages, Plaintiff seeks an order removing Judge Ide from presiding over "any and all matters pertaining to my person through...

Excerpt: ...tation No. 12-38993-0017652-F, a Class A violation, to Plaintiff on June 23, 2022. Plaintiff served its notice of intent to contest the Citation on June 30, 2022. Plaintiff thereafter filed this complaint to dismiss the Citaton on September 21, 2022. Plaintiff, however, did not serve the complaint and summons until January 30, 2022. Defendant, under Health and Safety Code section 1428(b) moves to quash service as beyond the 90 day period from the...

Excerpt: ...cating a general denial appropriate to complaints demanding less than $1,000. Plaintiff moves for summary judgment on the basis that Defendant cannot file a general denial, has raised no affrmative defenses and that the handwritten portion of the answer admits rent is due and owing and that he is in possession of the Subject Property. Authority and Analysis "A motion for summary judgment may be made at any tme after the answer is filed upon givin...

Excerpt: ...Facts Petitioner was employed by the City of Porterville as a firefighter. (Declaration of Roulston (“Roulston Decl.”) ¶1.) Petitioner was terminated on October 18, 2021. (Roulston Decl. ¶ 1.) Petitioner was terminated apparently based upon an off‐duty arrest on July 3, 2021 for alleged assault and battery. (Roulston Decl. ¶ 6.) On October 13, 2021, an administrative hearing (Skelly hearing) took place. (Roulston Decl. ¶ 6.) At the Skel...

Excerpt: ...4) days of this order. For purposes of assessing the sufficiency of a demurrer, the court is to assume the truth of all well- pleaded facts. (Blank v. Kirwan (1985) 39 Cal. 3d 311, 318; CCP 430.30.) The court will accept as true all facts that may be implied or inferred from those alleged. (Marshall v. Gibson, Dunn & Crutcher (1995) 37 Cal. App. 4th 1397, 1403.) The court “‘is to determine whether the pleaded facts state a cause of action on ...

Excerpt: ...iling their action. Plaintiffs acknowledge their First Amended Complaint does not and cannot yet assert compliance with the tort claim requirements. In their opposition, Plaintiffs state they are in the process of complying with the statute. Leave to amend is to be liberally allowed. As Plaintiffs may be able to state new facts sufficient to cure the pleading deficiencies, leave to further amend is granted. If no one requests oral argument, under...

Excerpt: ...ird Cause of Action in the First Amended Complaint, with leave to amend. Plaintiff shall file any amended complaint as to the third cause of action within ten (10) days of this order. If no amendment is filed within the time specified, Defendant shall have 15 days thereafter to answer the complaint on the remaining causes of action. In their First Amended Complaint, Plaintiffs have asserted sufficient facts to state a claim for negligent supervis...

Excerpt: ... court is to assume the truth of all well- pleaded facts. (Blank v. Kirwan (1985) 39 Cal. 3d 311, 318; CCP 430.30.) The court will accept as true all facts that may be implied or inferred from those alleged. (Marshall v. Gibson, Dunn & Crutcher (1995) 37 Cal. App. 4th 1397, 1403.) The court “‘is to determine whether the pleaded facts state a cause of action on any available legal theory.' [Citation.]" (Richelle L. v. Roman Catholic Ar...

Excerpt: ...utes and legal conclusions with no factual allegations to support a demurrer in this action. Plaintiff's First Amended Complaint is sufficient to state an unlawful detainer claim against Defendant. If no one requests oral argument, under Code of Civil Procedure section 1019.5(a) and California Rules of Court, rule 3.1312(a), no further written order is necessary. The minute order adopting this tentative ruling will become the order of the court a...