Excerpt: ...d to sign the form of judgment lodged by Plaintiff. Proof of service in the file indicates notice of the motion was adequate. No response to the motion has been filed. This is an action to collect amounts claimed due from Defendant on a credit account. Defendant filed an answer on December 20, 2018. By its motion, Plaintiff contends the answer is insufficient to controvert the claims in the complaint and insufficient to state any defense. Defenda...

Excerpt: ...ssue exists as to any material fact and the moving party is entitled to judgment as a matter of law. (Code Civ. Proc., § 437c, subd. (c).) "[T]he party moving for summary judgment bears an initial burden of production to make a prima facie showing of the nonexistence of any triable issue of material fact; if he carries his burden of production, he causes a shift, and the opposing party is then subjected to a burden of production of his own t...

Excerpt: ...s Motion to Continue Trial Date and Related Dates. Tentative Ruling: (1) and (2) to Grant Defendant's Motions to Compel, in part, and to order witness Central Valley Regional Center to produce to Defendant all documents in its possession responsive to Defendant's Deposition Subpoena for Production of Business Records issued April 17, 2019 and to order witness Tulare County Health and Human Resources to produce to Defendant all documents in its po...

Excerpt: ... sustained with leave to amend. On August 21, 2019 Plaintiffs filed a Second Amended Complaint. Defendant's current demurrer followed. Plaintiffs have attempted to address pleading deficiencies by naming two Plaintiffs (instead of one) and by an apparent attempt to focus their claims arising from acts which occurred in 2015. It remains unclear what relief or damages Plaintiffs are claiming. On the face of the pleading, Plaintiffs' claims remain t...

Excerpt: ...irst Amended Complaint. Defendant shall file its answer to 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 as to all portions submitted. Defendant's Request for Judicial Notice of Plaintiffs' First Amended Complaint is granted. (1) Defendant demurs to Plaintiff's Elder Abuse cause of action asserting the claim fails for uncertainty and fails t...

Excerpt: ... Complaint filed in this action, the answer filed in this action, a grant deed recorded August 7, 2017, and an Affidavit-Death of Joint Tenant recorded February 21, 2019. The documents are noticed only as to the existence of the documents and not for the truth of any matter asserted in the documents. Herrera v. Deutsche Bank National Trust Co. (2011) 196 Cal.App.4th 1366, 1375. The request as to a litigation guarantee dated March 19, 2019 is deni...