Excerpt: ... for an owner using the insured property as a rental unit for residential purposes.” Following a fire, and plaintiff making a claim with defendant insurer on the basis of that event, the policy was rescinded by defendant American National. Plaintiff alleges in the complaint that a letter from defendants advising that the policy was being rescinded “reveals a blatantly discriminatory policy and practice on the part of Defendants, wherein Defen...

Excerpt: ... for wrongful death, negligence and survival. Plaintiffs allege that Ms. Spagnolini to have been a former In‐Home Supportive Services (IHSS) provider. IHSS providers perform services to aged, blind and disabled persons. Plaintiffs additionally sued the County of Kern (“County”) and the IHSS Public Authority (“Public Authority”) established by the County of Kern for the purposes of administering the IHSS program. Driver Spagnolini is all...

Excerpt: ..., Pixley, California 93256. On or about September 14, 2021, plaintiff served defendants with a 3‐ day notice to perform covenant or quit based on “just cause” This 3‐day notice alleges that defendant breached the terms of the lease by (1) Failing to keep the property in good order by allowing the accumulation of rubbish and debris that obstructs the free use of the property; (2) failing to keep the property in a clean, sanitary and good c...

Excerpt: ... People's inspection demand without objection no later than 30 days from the notice of this ruling; (2) To grant the People's motion to compel responses to form and special interrogatories. Claimant Jei Chun Wu shall provide full and complete verified responses to the People's interrogatories without objection no later than 30 days from the notice of this ruling; (3) To grant the People's motion to deem request for admissions admitted by Claimant...

Excerpt: ...uadalupe Platas Tienda brings this negligence action based on her lack of consent to have the remains of her parents exhumed and reburied together in a plot at defendant's cemetery as per the request of plaintiff's other siblings. Plaintiff further contends that the defendant Woodville Public Cemetery mishandled her mother's remains when her mother was exhumed and reburied. STANDARD OF REVIEW CCP §473(a)(1) provides that “The court may, in fur...

Excerpt: ...een resolved. The court shall calendar a status conference as to the status of the Canadian action for July 13, 2022, at 8:30 am in Department. Greenpower shall reserve a new hearing date for this demurrer after the Canadian action has been resolved as to all parties and give applicable notice of this continued hearing. Defendant Greenpower Motor Company's Request for Judicial Notice is granted only as to the date of filing of the documents on fi...

Excerpt: ...ppealed to the Occupational Safety and Health Appeals Board (Board). The matter was heard before an administrative law judge (ALJ) who upheld the citation but reduced an associated penalty. The Board ordered reconsideration of the penalty reduction. Ventura also petitioned for reconsideration, asserting that the evidence did not justify the findings of fact, and the findings of fact did not support the decision. On September 22, 2017, the Board i...

Excerpt: ...ing discovery of defendant's profits and financial condition, and (2) to grant plaintiff's motion for a hearing on objections to defendant/cross‐complainant's proposed judgment on cross‐complaint. Plaintiff's motion for order permitting discovery of defendant's profits and financial condition Subdivision (c) of section 9295 of the Civil Code prohibits pretrial discovery of the profits and financial condition of a defendant unless the court en...

Excerpt: ...e parties stipulated, on June 9, 2021, to continue the prior August 2, 2021 trial date for 90 days after having scheduled mediation for July 7, 2021. Less than a week following stipulation, and before the parties' scheduled mediation, plaintiff added three new defendants by “Doe” amendment. The parties, including plaintiff, represented in the stipulation that “in order to pursue mediation and to defer costly discovery until after the mediat...

Excerpt: ...that they experience physical and mental conditions related to a traumatic brain injury. Defendants ask this court to compel plaintiffs to execute blank authorizations to compel mental health records where the deponents are unknown and no attempt has been made to subpoena these records from these health care providers. Simply put, defendants' motion is premature. Defendants must first conduct further discovery to identify the mental health care p...

Excerpt: ...tempted to file their answer to plaintiff's complaint with the court through One Legal .and served this complaint by regular mail to plaintiff's counsel. The filed answer included the defendants' name and the symbol “/S/” as an electronic signature on the document. Then on August 10, 2021, defendants' counsel received an email from plaintiff's counsel that plaintiff would take defendants' default as plaintiff had not yet received the defendan...

Excerpt: ... and various entities, including Invigorate Healthcare, Inc. (Invigorate), a California corporation of which defendant Bigelow is, according to a statement of information filed with the Secretary of State on January 6, 2017, chief executive officer, a director, and agent for service of process. See Dec'l of A. Velen, ¶¶ 2 and 5; Exs. 1 and 2. According to defendant Bigelow's bankruptcy petition, defendant Bigelow owns 39% of Invigorate. See Dec...

Excerpt: ...ons to include the additional information requested by the court. Only the supplemental declarations of plaintiff and class counsel as indicated in this ruling need to be filed with the court. Plaintiff need not file the moving papers and approved declarations a second time. The court finds that insufficient information has been submitted as to various provisions of the settlement agreement for the court to make the merits evaluation required by ...

Excerpt: ... article published on defendants' website. The article reports on an appellate court opinion by California's Second District Court of Appeal affirming the issuance of a domestic violence restraining order (DVRO) against plaintiff. As an initial matter, the court notes that plaintiff's causes of action are considered substantively equivalent for the purposes of its analysis of the instant motion. See Brodeur v. Atlas Entertainment, Inc. (2016) 248...

Excerpt: ...ling. This sum awarded in sanctions shall include any interest accumulated between the time these settlement funds were due and payable and the date that these settlement funds were provided to plaintiff's counsel. (2) The court does not publish tentative rulings on motions to tax costs Plaintiff's Motion for Sanctions This is a “lemon law” case where the defendants accepted the defendant's 998 settlement offer of $77,500 on March 16, 2021. C...

Excerpt: ...tiff may serve Mr. Atkinson in the manner provided in the Code of Civil Procedure for service of summons on a foreign national; (3) To deny defendant Brendan Riley's motion to quash service of summons. Plaintiff has filed a further proof of service showing Mr. Riley was personally served. This is a wrongful termination / wage and hour claim action where plaintiff raises causes of action for (1) breach of contract; (2) Breach of the Implied Covena...

Excerpt: ... 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 documents in the Court's file for this action as inadmissible hearsay. See Day v. Sharp (1975) 50 Cal.App.3d 904, 914; Fremont Indemnity Co. v. Fremont General Corp. (2007) 148 Cal.App.4 th 97, 113. This action arises out of a balance due on an automobile loan that plai...

Excerpt: ... to the complaint on February 5, 2021. Defendant's counsel subsequently learned that defendant was acting in the course and scope of her employment with Aspen Dental at the time of the accident. Defendant now seeks leave to file a cross-complaint against Aspen for indemnity and apportionment of fault. A court may grant leave to file a cross-compliant at any time during the pendency of an action when the interests of justice will be served by this...

Excerpt: ...aintiff's first amended complaint are allegations that plaintiff is entitled to punitive damages under Civil Code ⸹3294(a). Defendant now moves the court to strike the punitive damages from the plaintiff's first amended complaint based on the application of CCP ⸹425.13 that precludes the pleading of a right to recover punitive damages absent a court order that permits the plaintiff to do so. STANDARD OF REVIEW Under CCP §436, the Court may s...

Excerpt: ...s shall be filed in that case. OPERATIVE FACTS Plaintiffs April Pianta and Lisa Brooks were in the same automobile when stopped by defendants Garret William Grisbach and Sabrina J. Maydon. Mr. Grisbach and Ms. Maydon were peace officers with the City of Visalia at the time that they stopped the plaintiffs. Plaintiffs contend that Officers Grisbach and Maydon conducted an unlawful search and seizure on the plaintiff, and, due to the officers' fail...

Excerpt: ...orporation, Kia Motors America, Inc., ZF Active Safety and Electronics US LLC and Visalia Motors dba Visalia Kia's Motion for Good Faith Settlement (2) To grant defendants Kia Motors Corporation, and Kia Motors America, Inc.'s motion to file records under seal Kia Motors Corporation, Kia Motors America, Inc., ZF Active Safety and Electronics US LLC and Visalia Motors dba Visalia Kia's Motion for Good Faith Settlement CCP § 877.6 affords the cour...

Excerpt: ...attorneys' fees, administrative expenses, and plaintiff's enhancement award of $7,500.00. The claims administrator mailed notice of the settlement to all class members. No notices were returned by the post office. No objections or requests to opt out were received by the administrator. As this is a PAGA action, the Class Members may not opt out of, or object to, the PAGA settlement. Plaintiff's moving papers are sufficient to establish the settle...

Excerpt: ...bed in the complaint by reference to its address of 10712 S. Crawford Ave., Dinuba, CA, “lies miles removed from the City of Dinuba.” The complaint, however, sufficiently describes the premises with requisite reasonable certainty. Code Civ. Proc. §§ 1166, 455. Moreover, the description is clearly sufficient enough to enable defendant to know what property plaintiff demands he surrender. See Olcovich v. Deremberg (1915) 27 Cal.App.194, 196. ...

Excerpt: ...r her through his or her mistake, inadvertence, surprise, or excusable neglect. Application for this relief shall be accompanied by a copy of the answer or other pleading proposed to be filed therein, otherwise the application shall not be granted, and shall be made within a reasonable time, in no case exceeding six months, after the judgment, dismissal, order, or proceeding was taken.” This is a common counts action for damages arising out of ...

Excerpt: ...ant Alvin Prins' Objections to Plaintiff's Special Interrogatories, Set Two; (4) Motion to Compel Responses and Further Responses and to Strike Defendant Alvin Prins' Objections to Plaintiff's Form Interrogatories, Set Two; Tentative Rulings: All motions are granted in part and denied in part. Defendants Bernard Prins and Alvin Prins shall each provide full and complete verified responses to Form Interrogatories 16.1, 16.3, 16.4, 16.5 and 17.1 an...