Excerpt: ...from the notice of this ruling under CCP §2023.030(a), and CCP §2025.450(g) The parties shall coordinate dates certain for General Motors to produce its persons most qualified as to the topics identified in plaintiff's deposition notice that is no later than thirty days from the date of this ruling. General Motors shall also produce at the time of this deposition the records and writings identified in plaintiff's deposition notice. Where that G...

Excerpt: ...ames Martino's statutory offer to compromise plaintiff's various claims under the Song-Beverly Act pursuant to Code of Civil Procedure section 998. In exchange for filing of a dismissal of plaintiff's action, defendant agreed, in pertinent part, (a) that plaintiff shall recover $77,500, inclusive of various damages claims and civil penalties, and (b) that defendant shall pay attorney fees, costs and expenses “reasonably incurred in the commence...

Excerpt: ...plaint (“FAC”). The filing of the FAC follows this court's sustaining of a prior demurrer by defendant to plaintiff's original complaint. Plaintiff again alleges, in the FAC, the same two contract causes of action alleged in her original complaint: breach of written contract and breach of oral contract. Both causes of action essentially arise from defendant's alleged failure to divide proceeds of the sale of a residential property in Tulare, ...

Excerpt: ...f Vanessa Rivera, individually and as successor-in-interest to the estate of Miguel Hernandez, deceased, against defendants, Deere & Company and Lawrence Tractor Co., Inc. Defendant Deere & Company propounded to plaintiff first sets of special and form interrogatories, and a first set of requests for production of documents, on or about July 7, 2020. Plaintiff served responses on or about August 27, 2020. In each set of plaintiff's responses, pla...

Excerpt: ... 8:30 AM. On June 7, 2021, the court denied, without prejudice Plaintiff's motion subject to further hearing upon filing of supplemental information in support of the proposed settlement. The court set the date of July 19, 2021 for the further hearing. Having reviewed the supplemental declaration of Plaintiff's counsel filed July 12, 2021, the court makes the following determinations: 1. The Parties have addressed the court's concerns regarding t...

Excerpt: ...rved within ten (10) days of this order. Plaintiff's Complaint asserts claims for breach of an oral agreement and for an accounting of property held by Defendant which Plaintiff asserts is jointly owned. Defendant demurs to all causes of action asserted by Plaintiff and moves to strike Plaintiff's claim for recovery of attorney's fees. (1) For purposes of a demurrer all properly plead facts and those reasonably arising by implication must be acce...

Excerpt: ... consolidated with case VCU285251, the court notes there has not been an order for consolidation entered in either case. A motion to consolidate filed in VCU285251 was taken off calendar by the parties prior to hearing on April 26, 2021. Defendants' demurrer is brought on similar grounds to that previously brought by Defendant Lance Carver. The earlier demurrer was overruled by the court on April 26, 2021. For purposes of a demurrer all properly ...

Excerpt: ... plaintiff Garcia. Plaintiff shall appear for a neurological and psychiatric examination by Dr. Mark Strassberg on July 1, 2021 at Dr. Strassberg's office in Bakersfield. Plaintiff shall also appear for a neuropsychologist examination by Dr. J. Vincent Filoteo, PhD on July 9, 2021 at Dr. Filoteo's office in Bakersfield. OPERATIVE FACTS This is a personal injury action that arises out of a collision between an automobile operated by the plaintiffs...

Excerpt: ...ghts, unfair business practices, and wrongful foreclosure/void assignment. Defendants demur to all causes of action. Proof of service in the file indicates notice of the demurrer was adequate. As of June 22, 2021, no response to the demurrer has been filed. A response was due by June 15, 2021. Plaintiff acknowledges demurring Defendants are the holders of a second trust deed encumbering the subject property. Defendants assert Plaintiff's wrongful...

Excerpt: ...t, and public records act request. The first two complaints were filed with the Porterville court. The third amended complaint was lodged with the court but not accepted for filing because plaintiff failed to obtain leave of court to file an amended complaint. The only substantive difference in the subject matter between these four complaints is that the present complaint that is the subject of this demurrer was filed in the Visalia court. This c...

Excerpt: ...for expert witness designated by plaintiff. The compensation for plaintiff's expert James J. Ingaglio M.D. shall be set at $825.00 per hour with a two-hour minimum and then at $825.00 per additional hour or portion thereto. Defendants Visalia Women's Specialty Medical Group, Inc.'s Request for Judicial Notice of the plaintiff's first amended complaint is granted only as to the date of filing of the plaintiff's first amended complaint in this pres...

Excerpt: ...thin thirty days from the notice of this ruling under CCP §2023.030(a), and CCP §2025.450(g) The parties shall coordinate dates certain for General Motors to produce its persons most qualified as to the topics identified in plaintiff's deposition notice that is no later than thirty days from the date of this ruling. General Motors shall also produce at the time of this deposition the records and writings identified in plaintiff's deposition not...

Excerpt: ...in ten (10) days of this order. Mary Clawson, the trustor, created her trust in 1997. She died on May 11, 2010. Plaintiff as trustee, seeks to recover from Defendants amounts claimed due on three promissory notes: 1) “Blain Note 1” dated August 4, 1999; 2) “Maddox Note” dated May 29, 2008; and 3) “River Run Ranch Note” dated April 1, 2010. Plaintiff asserts all three notes are assets of the Mary L. Clawson Trust. This action was initi...

Excerpt: ...he court also directs the plaintiff to pay monetary sanctions to defendant's counsel in the amount of $590.00 in addition to the $500.00 that the court ordered the plaintiff to pay in its March 8, 2021 order. OPERATIVE FACTS Defendant noticed the plaintiff's deposition for March 16, 2021, but the plaintiff failed to appear for his deposition on the date noticed. On March 8, 2021, this court ordered plaintiff Rafael A. Jovel Martinez to answer def...

Excerpt: ...he entire motion and initial declarations a second time. The hearing on this matter is continued to June 28, 2021 at 8:30 a.m. in Dept. 2 of this court. Insufficient information has been submitted as to various provisions of the settlement agreement for the court to make the merits evaluation required by Kullar v. Foot Locker Retail, Inc. (2008) 168 Cal.App.4th 116, 129. 1. Sufficiency of Amount of Settlement ($130,000.00) The gross settlement am...

Excerpt: ...y and as Successor in Interest to the Estate of Miguel Hernandez, to Request for Production of Documents, Set One and for Sanctions by Defendant Lawrence Tractor, Inc.; (3) Motion to Compel Responses, or alternatively, Further Responses by Plaintiff Vanessa Rivera, Individually and as Successor in Interest to the Estate of Miguel Hernandez, to Form Interrogatories, Set One and for Sanctions by Defendant Lawrence Tractor, Inc. Tentative Rulings: (...

Excerpt: ...nt 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 to make a prima facie showing of the existence of a triable issue of material fact....

Excerpt: ...adequate. No response has been filed by Plaintiff. Plaintiff is self-represented in this action. Plaintiff is required to comply with established requirements for valid pleading. (1) Defendant demurs to Plaintiff's complaint asserting it fails to state a cause of action because, on its face, the action is barred by the statute of limitations for medical negligence claims under CCP 340.5. For purposes of a demurrer all properly plead facts and tho...

Excerpt: ...nt. Defendant demurs to both causes of action. Plaintiff's claims relate to sale by Defendant of a residence located in Tulare County. Plaintiff asserts the residence was a community property asset of the parties. In opposition to the demurrer, Plaintiff asserts there was an agreement between the parties as to sale of the property and disposition of the sale proceeds. Plaintiff asserts Defendant breached that agreement. Plaintiff's cause of actio...

Excerpt: ...sed against Alliance United Insurance Company and its Attorneys Daniels, Fine, Israel, Schonbuch and Lebovits, LLP. Alliance shall provide the requested documents and pay the imposed sanctions no later than thirty days from the notice of this ruling. Proper notice of this motion was given to all parties. There has been no response to this motion. OPERATIVE FACTS On or about April 25, 2019, defendant Escamilla gave recorded statements to his insur...

Excerpt: ...nt General Motors shall provide the requested documents to plaintiff's first inspection demand to plaintiff's counsel no later than twenty days from the date of notice for this ruling. Defendant General Motors and its counsel Erskine Law Group APC shall also pay monetary sanctions to plaintiff's counsel under CCP §2031.310(h) in the amount of $1,060.00 no later than twenty days from the notice of this ruling. Plaintiff's first inspection demand ...

Excerpt: ...ndant's Request for Production of Documents, Set One within 30 days of this order. To Order that Defendant's Requests for Admission numbered 1 through 36 are deemed admitted. The court orders Plaintiff Rafael A. Jovel Martinez to pay to Defendant the sum of $550.00 as a monetary sanction. Sanctions are payable within 30 days of this order. Proof of service in the file indicates notice of the motion was adequate. Plaintiff has not filed a substant...

Excerpt: ... employee handbook, which contains the arbitration provision relied on by Defendant, specifically provides the handbook is not a contract and further provides it may be unilaterally amended by Defendant at any time. These provisions render the provision ambiguous and unenforceable by Defendant. The admonition that the agreement creates no legal rights appears not only in the introduction to the handbook, but on the acknowledgement page as well. A...

Excerpt: ... court by National General Insurance Company; and to Order the clerk to release and disburse to Plaintiff Maribel Lopez $5,000.00 from funds deposited with the court by National General Insurance Company. Proof of service in the file indicates notice of the motion was adequate. No response to the motion has been filed. Defendant has entered into a settlement with Plaintiff Visalia Unified School District and Plaintiff Maribel Lopez. This is an in...

Excerpt: ...t by Plaintiff (Taft v. Bhajal VCL195959). The court's ruling on demurrer in the separate action is applicable in part. Plaintiff, Mary Taft is the mother of Foster Taft, who was recently admitted to the bar and now represents Mary Taft in this action. Foster Taft, in his individual capacity, previously filed two separate actions against Defendant. (VCU268870 and VCU283754.) In both actions Foster Taft sought medical records from Defendant relate...

Excerpt: ...it worthiness. Defendant's declaration confirms title was placed in her name. Nothing in Defendant's declaration disputes Plaintiff's contentions that he contributed equally to the down payment, renovation expenses, and maintenance expenses. Plaintiff also asserts he contributed equally to all mortgage payments. Under these circumstances, Plaintiff has adequately asserted a claim to an interest in real property under CCP 405.4. Exhibit “4” at...

Excerpt: ...ents Mary Taft in this action. Foster Taft, in his individual capacity, previously filed two separate actions against Defendant. (VCU268870 and VCU283752.) In both actions Foster Taft sought medical records from Defendant related to his father (and husband of Mary Taft). Both of those prior actions were disposed of after demurrers by Defendant were sustained without leave to amend. Plaintiff's action here repeats the same claims for medical recor...

Excerpt: ...y of Tulare for improper maintenance of the intersection where the accident occurred (Plaintiff's Fifth Cause of Action). Defendant County of Tulare moves for summary judgment. In support of the motion, Defendant submits 19 material facts supported by evidence. Defendant's facts and evidence are sufficient to support Defendant's contentions that Plaintiff cannot show the intersection was improperly maintained or was in a dangerous condition at th...

Excerpt: ...Judgment; and (2) To Deny the Motion by Defendant Buckman Mitchell, Inc. for Summary Judgment and to Deny the alternative motion for summary adjudication as to all issues submitted. "'"The standard for deciding a summary judgment motion is well-established, as is the standard of review on appeal." [Citation.] "A defendant moving for summary judgment has the burden of producing evidence showing that one or more elements of the plaintiff's cause of...

Excerpt: ...ession of property was based on failure to comply with lease covenants other than payment of rent. Defendants opposed the action. Defendants unsuccessfully demurred to the complaint, filed answers, and propounded voluminous written discovery to which Plaintiff was required to respond. Only when the matter was called for trial on December 14, 2020, was the court advised that Defendants had vacated the subject property. Plaintiff asserts Defendants...

Excerpt: ...icient declaration showing full performance of the settlement is filed prior to the hearing, it will go off calendar. The court reviews the motion and Settlement Agreement for support that the settlement is fundamentally fair, reasonable, and adequate with reference to the public policies underlying PAGA. (O'Connor v. Uber Technols., Inc. (2016) 201 F.Supp.3d 1110, 1113.) The settlement is limited to PAGA claims. Compliance with class certificati...

Excerpt: ... faith dispute as to Interrogatory 12.1 that would make the imposition of sanctions unjust. See CCP §2030.300(d). Interrogatory 3.7 seeks information as to the nature of the corporate entity McAuliff Center LP. McAuliff's response is an incomplete attempt to comply with the provisions of CCP 2030.220 that afford the responding party to interrogatories to refer the propounding party to documents that contain the requested information. CCP §2030....

Excerpt: ...ns Against Plaintiff and Plaintiff's Counsel in the Sum of $860.00. If any party intends to request oral argument for either or both of these discovery motions, the parties are directed to meaningfully meet and confer before the hearing of these motions in a good faith attempt to resolve the issues raised in these discovery motions. Tentative Rulings: (1) To grant in part and deny in part defendant/cross complainant Visalia Motor's motion to comp...

Excerpt: ...ould not submit the entire motion and initial declarations a second time. Insufficient information has been submitted as to various provisions of the settlement agreement for the court to make the merits evaluation required by Kullar v. Foot Locker Retail, Inc. (2008) 168 Cal.App.4th 116, 129. 1. Sufficiency of Amount of Settlement ($550,000) The gross settlement amount is $550,000. Plaintiff estimates the total number of class members is 100. Pl...

Excerpt: ... court a revised order for its signature that is consistent with this ruling. OPERATIVE FACTS On October 28, 2020, this court approved the petition for the transfer of payment rights by and between Celeste Ybarra and Peachtree Settlement Funding, LLC pursuant to California Insurance Code §10134 et seq. This order called for one payment of $75,000 (out of a total lump sum of $101,600) due to Celeste Ybarra on April 29, 2025 with the net sum of 45...

Excerpt: ...ings, Set One, and Request for Sanctions; Tentative Rulings: To grant defendants' (1) motion to compel plaintiff Susan Metheney to respond to form interrogatories, set one, and request for sanctions; (2) To grant defendants' motion to compel plaintiff Susan Metheney to respond to special interrogatories, set one, and request for sanctions; and (3) To grant defendants' motion to compel plaintiff Susan Metheney to respond to defendants' demand for ...

Excerpt: ...rer to plaintiff's third amended complaint without leave to amend. OPERATIVE FACTS This is a wrongful death action arising out of defendant Sukhvinder Bhajal MD's alleged implementation of a cardiac defibrillator into plaintiff's decedent Foster H. Taft. Defendant Boston Scientific Corporation manufactured this defibrillator. Plaintiff alleges that the “device shown one event for the day of death,” the electrocardiogram fails to show the prec...

Excerpt: ...rocessed to the court's case management system. On August 10, 2020, Plaintiff's prior motion for leave to complete discovery was granted, in part. The court directed the discovery cutoff would be extended to that based on the current trial date of December 14, 2020 only for the purpose of taking depositions of Defendant, Defendant's experts, and other witnesses as agreed by the parties. Plaintiff informed the court and Defendant's counsel that a ...

Excerpt: ...shall pay all fees and costs required by JAMS to initiate a consumer arbitration proceeding. In his Complaint, Plaintiff asserts he purchased a used motor vehicle and that the seller failed to disclose prior structural damage as a result of which Plaintiff suffered damages. Plaintiff asserts the purchase was made in accordance with a written agreement which contains an arbitration provision. Plaintiff has named as Defendants the seller, sellers b...

Excerpt: ...e court's tentative ruling issued October 23, 2020. Plaintiff's request for consideration of his improperly filed surreply (filed October 15, 2020) is denied. Plaintiff's separately filed request for a statement of decision is denied. Plaintiff seeks reconsideration of this court's ruling made October 26, 2020 sustaining Defendant's demurrer to Plaintiff's Complaint, without leave to amend. No request oral argument having been received, and there...

Excerpt: ...Casca. Plaintiff asserts Casca's vehicle collided with hers causing the asserted injuries and damages. As to demurring Defendant, Plaintiff asserts a single cause of action for fraud and conspiracy. Defendant asserts Plaintiff lacks standing to bring a claim against it and that Defendant is improperly joined in this action. Defendant further asserts Plaintiff has failed to state sufficient facts to establish two required elements of a fraud claim...

Excerpt: ...so pay monetary sanctions to defendants' counsel in the amount of $1,260.00 under CCP §2023.030(a) and §2025.450(g)(1) within thirty days from the notice of this ruling. OPERATIVE FACTS This is a Song-Beverly “lemon law” case that arises out of perceived defects that plaintiff James Martino alleges as to a 2012 Dodge Ram that he purchased from the defendants. On April 20, 2020, defense counsel for defendants FCAUS LLC et al. (hereinafter id...

Excerpt: ...t an opportunity to file a reply. As of November 18, 2020 no reply documents have been processed to the court's case management system. Plaintiff's Complaint asserts 19 causes of action arising from Defendant's foreclosure of a deed of trust encumbering residential real property commonly known as 13245 Ave. 232, Tulare, CA 93274. Summary judgment is granted when no triable issue exists as to any material fact and the moving party is entitled to j...

Excerpt: ...cuments attached within five court days from the date of this ruling. All dates identified in this ruling shall be extended by five court days except for the hearing date for this present motion and the Order to Show Cause hearing.) Tentative Ruling: Defendant William Petty shall coordinate with plaintiff's counsel a mutually convenient date for Mr. Petty to be deposed that is no later than 25 days from the notice date from this ruling. Mr. Perry...

Excerpt: ...s prepared to sign the form of order and the form of judgment lodged by Plaintiff. This is a credit card collection case. Plaintiff filed its complaint to recover amounts due on March 17, 2020. On April 28, 2020, Defendant filed an answer – a general denial with affirmative defenses. Defendant is represented by an attorney. Plaintiff filed its motion for summary judgment on August 19, 2020. Proof of service in the file indicates notice of the m...

Excerpt: ... attorneys' fees was reserved by the parties for determination by the court. Plaintiff seeks fees and costs totaling $46,614.18 including a multiplier of 1.25% (amounting to $8,746.88 of the fees sought). Defendant objects to the amount of fees requested by Plaintiff. Defendant's objections to the Declaration of Elizabeth Quinn are overruled. Defendant's objections to the Declaration of Hallen D. Rosner are overruled. Defendant's objections to th...

Excerpt: ...ies of ECG records was previously determined against Plaintiff in a prior action. (VCU268870.) Defendant asserts Plaintiff's claims are barred under principles of res judicata. Defendant has shown that Plaintiff asserted the same claims for ECG records against Defendant in his prior action. The court's ruling sustaining a demurrer to Plaintiff's complaint in the prior action without leave to amend was sustained by the Fifth District Court of Appe...

Excerpt: ...ntiff filed an opposition to the demurrer on October 10, 2020. Defendant filed a reply on October 13, 2020. Plaintiff filed a purported “Reply to Reply” on October 15, 2020. The October 15, 2020 is an improper surreply and will not be considered by the court. (CCP 1005.) Plaintiff filed his amended complaint on September 2, 2020 seeking copies of ECG records under H & S 123110. Defendant asserts Plaintiff's claims are barred under principles ...

Excerpt: ...s to Plaintiff's claim for penalties under Labor Code 226 as asserted in his Fourth and Fifth Causes of action, without leave to amend; To Grant the motion to strike as to Plaintiff's claim for attorneys' fees in his Fourth and Fifth Causes of Action, with leave to amend; and to Deny the motion to strike as to Plaintiff's claims for punitive damages. Any amended complaint must be filed and served within ten (10) days of this order. Plaintiff, a f...

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: ...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: ...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: ... purchased from defendant dealer Jim Manning Dodge. Defendants assert the Retail Installment Sales Contract (RISC) executed by Plaintiffs at the time of vehicle purchase contains an enforceable arbitration provision. Defendants assert the provision is applicable to both the dealer and to Defendant FCA US, LLC, the vehicle manufacturer. Plaintiffs have now dismissed the dealer as a party defendant. Plaintiffs assert the arbitration provision appli...

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: ...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: ...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: ...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: ...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: ...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: ... 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: ...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: ... 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: ...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: ...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: ...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: ...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...

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...