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