Excerpt: ...a subsequent judgment debtor examination that there was a separate entity named DND Learning, Inc. that debtor Dyer uses to control his assets and keep them from creditors. Plaintiff now seeks to add DND as a defendant-debtor to this action. CCP §187 authorizes a trial court to amend a judgment to add judgment debtors. See Misik v. D'Arco (2011) 197 Cal.App.4 th 1065, 1072. To amend a judgment to add a new defendant-debtor, the plaintiff must co...

Excerpt: ...any response to this MSJ. This MSJ arises out of defendant Juan Velasco's default on a credit card obligation to plaintiff Wells Fargo Bank. Wells Fargo's complaint pleads breach of contract and the common counts of open book account, account stated, money paid money lent to Mr. Velasco by way of purchases and cash advances. A plaintiff moving for summary judgment (MSJ) must make a prima facie showing that there are no triable issues of fact to m...

Excerpt: ...the form of order and the form of judgment lodged by Plaintiff. Proof of service in the file is sufficient to show notice of the motion was adequate. No response to the motion has been filed. On January 14, 2020, Plaintiff filed notice of its motion to deem matters admitted. Defendant failed to respond to the motion. On March 16, 2020, the court entered an order deeming admitted all requests contained in Plaintiff's Request for Admissions, Set On...

Excerpt: ...Burton P. Olson. Cross-Defendants shall file their answer to the Cross-Complaint within ten (10) days of this order. As to both the demurrer and the motion to strike: By his Cross-Complaint, Plaintiff and Cross-Complainant Burton P. Olson asserts five causes of action: conversion, waste, unjust enrichment, breach of fiduciary duty, and for accounting. Cross- Defendants demur to all causes of action and move to strike portions of the Cross-Complai...

Excerpt: ...30 days from the notice of this ruling. Mr. Olson shall also be afforded the option under Judicial Council Emergency Rule 11(a) to provide deposition testimony at a remote location from the deposition site by whatever means is available and acceptable to Mr. Olson. Counsel for the parties shall negotiate and determine an acceptable manner for plaintiff's deposition testimony to be recorded within minimum contact between Mr. Olson, respective coun...

Excerpt: ...nesses that plaintiff or defendant elect to take. The new discovery cutoff date shall be based on the current trial date of December 14, 2020 as per CCP §2024.010 et seq. No sanctions shall be imposed against defendant Oscar Berriozabal or his attorney of record. This case arises out of a January 30, 2018 traffic collision where plaintiff contends that she was rear- ended by the defendant at a speed that plaintiff contends to be approximately 65...

Excerpt: ... December 19, 2019 as document number 2019-0074835 is expunged. Plaintiff's Complaint in this action, filed December 17, 2019, asserts 19 causes of action challenging Defendants' non-judicial foreclosure proceedings against residential property commonly known as 13245 Ave. 232, Tulare, Ca. Plaintiff purchased the property from Defendants on December 15, 2015. Defendants financed Plaintiff's purchase with a note secured by a deed of trust in the a...

Excerpt: ...epresented since that time. Proof of service in the file indicates notice of the motion was adequate. Defendant has not filed a response to the motion. Plaintiff seeks to amend to add three new party Defendants. Plaintiff's moving papers are sufficient to show that Plaintiff was made aware of the three new Defendants only after receiving discovery responses from Defendant Whitney Mitchell. The new Defendants claim an interest in the real property...

Excerpt: ...aintiffs have failed to state facts sufficient to meet the particularity requirements for pleading negligence against a public agency. (Susman v. City of Los Angeles (1969) 269 Cal.App.2d 803, 809.) When read as a whole, the allegations of Plaintiffs' pleading are sufficient to support a negligence claim resulting from a dangerous condition to property. (Government Code 830.8 and 835.) This action involves a fatal motor vehicle accident. Plaintif...

Excerpt: ...action involves a dispute over real property. Plaintiff asserts that in 2007 he entered into an oral agreement with Defendant “to combine their efforts, evenly divide all living expenses and household bills and share equities in any and all properties acquired, or accumulated, by the parties, either of them, as a result of their joint, or individual, efforts.” (sic) (Complaint, paragraph 4.) Plaintiff further alleges that in 2014 he and Defen...

Excerpt: ...s ruling This case is an action for breach of contract, waste, and injunctive relief action arising out of real property lease between plaintiffs Justin and Janette Tarbell and Joshua and Jami Jump. This case was the subject of a bench trial on March 9 and 10, 2020. On May 4, 2020, the court found the Tarbells to be the prevailing party and awarded them damages in the amount of $1,710.00. The Tarbells now move this court to recover costs in the a...

Excerpt: ...nse to this motion. This is a construction defect action where cross-complainants Wathen Castanos Hybrid Homes, Inc., and Wathen-Castanos have agreed to accept the sum of $4,750.00 from cross-defendant Ladell, Inc. dba Johnson Air in exchange for a release of all claims arising out of Ladell'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 pa...

Excerpt: ...eived any response to this MSJ. This MSJ arises out of defendant Juan Velasco's default on a credit card obligation to plaintiff Wells Fargo Bank. Wells Fargo's complaint pleads breach of contract and the common counts of open book account, account stated, money paid money lent to Mr. Velasco by way of purchases and cash advances. A plaintiff moving for summary judgment (MSJ) must make a prima facie showing that there are no triable issues of fac...

Excerpt: ...as been no response to this motion. This motion involves the sum of $14,000.00 that was seized from a gun safe at claimant Noberto Chavez's residence at 4753 Avenue 232, Apt. “B” Tulare, California. This property was the subject of a Notice of Forfeiture of Property Pursuant to Health and Safety Code §11469 et seq. that the Tulare County Distruct Attorney served on Mr. Chavez on August 1, 2019. Mr. Chavez answered the DA's Notice of Forfeitu...

Excerpt: ...of Non- Opposition to defendant's motion to stay civil proceeding” Plaintiff was injured in a motor vehicle accident while traveling as a passenger in an automobile driven by defendant Deena Faye Clark. The investigation of the responding police officer resulted in Ms. Clark being arrested and charged with driving under the influence of alcohol. A misdemeanor complaint was filed against Ms. Clark for a violation of Vehicle Code §23152(a) that ...

Excerpt: ...n off-calendar if any party to this arbitration files a motion to confirm, vacate, modify, or correct an arbitration award before the hearing date for this OSC. All parties were properly served with this petition. Plaintiff MAC General Engineering, Inc. has filed a “Notice of Non-Opposition to Compel Arbitration' with the court. Here, the parties presumably agree that MAC's claims fall within the scope of the provisions of the “Subcontract Ag...

Excerpt: ...of filing for the plaintiff's complaint, and first, second, and third amended complaints for this present action. Except for orders from the Court that appear in the Court's file for this case, the Court cannot take 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 G...

Excerpt: ...is case involves the disposition of real property owned by a dissolved partnership that consisted of the plaintiff and defendants. During the course of negotiations to either partition this property or for plaintiff to sell his interest in this property to the defendants, the parties raised the possibility of resolving this case through mediation. Plaintiff's counsel wrote to the defendant's counsel on January 14, 2020 to confirm that the possibi...

Excerpt: ... ruling. This matter involves a civil subpoena served on the employer of one of the parties to an unmarried cohabitation between the parties that ran from April 1979 until May of 2018. In this action, plaintiff Alicia Moreles asserts a right to one-half of the properties accumulated during their relationship and support in the monthly amount of $1,500.00 The subject of this subpoena is for all employment records from defendant's employer Blain Fa...

Excerpt: ...t, Inc. shall pay to plaintiff's counsel the amount of $2,010.00 within twenty days from the notice of this ruling. The court also directs defendant Porterville Convalescent, Inc. to appear at an order to show cause re: contempt for the failure to comply with this court's January 13, 2020 order on June 11, 2020 at 8:30 am in Department 2 of this Court. All parties have been given proper notice of this matter. There has been no response to this mo...

Excerpt: ... for strict liability, negligence, and breach of warranty (Plaintiff's FAC) related to Defendant's manufacture of the trailer. Defendant asserts Plaintiff was injured while working as an employee of an ag labor contractor and as a “special employee” of Defendant harvesting pistachios. The farm labor contractor made Plaintiff available for work with Defendant. Defendant asserts it is entitled to summary judgment as workers' compensation is the...

Excerpt: ...and (2) to Deny Defendants' Motion to Strike Plaintiff's Pleadings as moot and to Deny Defendant's Motion to Dismiss the Action. (1) Plaintiff has filed a number of amended pleadings. Defendants Demur to the operative First Amended Complaint filed November 18, 2019. Plaintiff purports to assert nine causes of action. All are only stated by their title (i.e. “Fraudulent Conveyance, Fraud, etc.”) in the judicial council form complaint. Plaintif...

Excerpt: ...recover amounts due under a credit account on September 5, 2018. Defendant, through counsel, filed an answer on October 18, 2018. On 12/12/2018, Plaintiff filed a notice of settlement of the case and indicated dismissal would be entered by 12/7/2019. No dismissal having been filed, the court on 12/13/2019 issued its OSC why the case should not be dismissed. In response Plaintiff filed the subject motion on 01/29/2020. Proof of service in the file...

Excerpt: ...lot of Porterville High School. Defendant asserts it is entitled to summary judgment because Plaintiff fails to state authority for her negligence claim, Plaintiff does not have evidence to support the elements of a claim for dangerous condition of public property, and Plaintiff's negligent hiring claim fails for lack of evidence of a duty owed to Plaintiff. Defendant submits 21 facts limited to support of its motion as to the dangerous condition...

Excerpt: ...plaint for Loss of Consortium and to Overrule the Demurrer in all other respects. Leave to amend as to the Sixth Cause of Action is denied. Defendant shall file its answer to the remaining causes of action in the First Amended Complaint within ten (10) days of this order. (2) To Deny Defendant's Motion to Strike Portions of Plaintiffs' First Amended Complaint. (1) Plaintiffs have established they have standing to pursue the medical negligence cla...