Excerpt: ...fied complaint . Defendant now brings a motion entitled “motion to sell real property.” The motion provides no statutory authority. The motion provides no documentary or testimonial evidence. The Court has only the arguments of counsel in the memorandum of points and autho rities which states “Defendant is agreeable” to the sale . In opposition, Plaintiff argues this motion is procedurally improper . Authority and Analysi s As noted above...

Excerpt: ...val of class action and PAGA settlement, attorneys' fees, costs, enhancement award, LWDA payment and class certification for settlement purposes came on for hearing on April 22, 2024. The Court finds and rules as follows: On Mach 28, 2024, the settlement administrator Phoenix, through its Case Manager, filed a declaration detailing the following events. On January 23, 2024, the administrator received a mailing list of 265 potential class members ...

Excerpt: ... ve h ic le d r iv e n b y Defendant Tucker, causing Plaintiff's vehicle to stop on the roadway. Moments la t e r , P la in tiff's vehicle was struck a second time by Defendant Gonzales - Martinez . Defendant Gonzales -M a r t in e z s e e ks t o b if u r c a t e t h e t r ia l in t o lia b ilit y a n d damages phases under Code of Civil Procedure sections 598 and 1048(b) . In support, Defendant Gonzales -Martinez does not dispute that Plaintiff ...

Excerpt: ...iler accident. Defendants Sandoval Crespo and Herrera present the following facts in support of their theory on summary judgment that Defendant Lagula's conduct, described below, is a superseding cause under Schrimscher v. Bryson (1976) 58 Cal.App.3d 660 and prevents liability from attaching to these moving Defendants . At the time of the incident, Defendant Lagula was driving under the influence in violation of Vehicle Code section 23152 and thi...

Excerpt: ...rved by substitute service or about March 16, 2024. On April 4, 2024, default judgment was entered and the writ of possession was issued . On April 15, 2024, Defendant Cortez filed this ex parte motion to set aside the default or stay the execution of the writ of possession . In support, Defendant notes no responsive pleading was filed because Defendant “talked to landlord and was told to send [money] through mail and we can stay in home so I s...

Excerpt: ...gligence by Defendant that resulted in sexual abuse by Gustavo Zamora, who served as the pastor at the church Plaintiff attended . Trial in this matter is set April 29, 2024 . O n Ap r il 1 2 , 2 0 2 4 , P la in t if f f ile d a m o t io n t o f ile a f ir s t a m e n d e d c o m p la in t . Th e hearing date for this motion is set June 4, 2024. On April 15, 2024, Plaintiff filed this ex parte motion to shorten time to hear the motion for leave t...

Excerpt: ...ry judgment . The motion for summary judgment was set for May 20, 2024. The City appears to recognize the issue with this hearing date and has filed this ex parte motion to “specially set a later hearing date” on the motion. As to the May 20, 2024 hearing date, counsel's declaration in support of the ex parte motion states “This office called the Court's clerk on April 4, 2024 to reserve a hearing on the MSJ. The latest date the clerk would...

Excerpt: ...30,000. Plaintiff estimates approximately 90 proposed Class Members, providing an estimated average payout of $1,992.04 per member. The Class Members consist of: “All individuals employed by Defendant in California and classified as non- exempt at any time during the period between August 12, 2022 through the date upon which the Court grants preliminary approval of this settlement.” The operative complaint alleges causes of action for : (1) f...

Excerpt: ...s action and PAGA settlement, attorneys' fees, costs, enhancement award, LWDA payment and class certification for settlement purposes came on for hearing on April 15, 2024. The Court finds and rules as follows: On Mach 21, 2024, the settlement administrator Apex, through its Case Manager, f ile d a d e c la r a t io n d e t a ilin g t h e f o llo w in g e v e n t s . On November 27, 2023, the administrator r e c e iv e d a m a ilin g lis t o f 4 ...

Excerpt: ...ion and PAGA settlement, attorneys' fees, costs, enhancement award, LWDA payment and class certification for settlement purposes came on for hearing on April 15, 2024. The Court finds and rules as follows: On Mach 22, 2024, the settlement administrator Phoenix, through its Case Manager, filed a declaration detailing the following events. On December 8, 2023, the administrator r e c e iv e d a m a ilin g lis t o f 9 2 2 p o t e n t ia l class memb...

Excerpt: ...rbitration related to a November 28, 2020 motor vehicle accident (“MVA”) involving Claimant, Mont e ne gro, and a third -party driver named Nely Gamino Victoria on State Route 4 3 (Ce n t r a l Va lle y H ig h w ay) and Avenue 56 in an unincorporated part of Tulare County . Claimant had an uninsured and under insured motorist policy with State Farm company with policy limits of $100,000. The policy required the parties to arbitrate their disp...

Excerpt: ...mplex by the Los Angeles Superior Court. The parties in this matter stipulated to transferring this matter to Tulare County on April 20, 2022 . Thereafter, Defendant filed a motion to compel arbitration. This Court granted the motion in part, compelling the individual Labor Code claims to arbitration, dismissing the class action claims pursuant to the arbitration agreement and de nying t he mo t io n a s t o t h e P AGA c la im s , b o t h in d i...

Excerpt: ...ant Amanda Taylor. (UMF No. 1.) The daycare operation was located at 3324 West Sunnyside Avenue, Visalia, California. (UMF No. 14.) That prope rt y i s owned by defendant and moving party Tracy Ferreira. (UMF No. 15.) Defendant Amanda Taylor resides at that home, co -pare nt ing t he ir minor daughte r wit h Mr. Fe rre ira. (UMF No. 16. ) The operative complaint asserts a cause of action for “wrongful death sounding in negligence” by plaintif...

Excerpt: ...unlawful detainer matter, Plaintiff indicates personal service on Defendant Garcia was made on March 5, 2024. Default judgment was entered March 21, 2024 and the writ of possession issued the same day . On April 2, 2024, Defendant Garcia filed this ex parte motion to set aside default and/ or stay execution of the writ . In support of the motion for relief, Defendant provides no factual bases in support of the claim of mistake . As to the stay re...

Excerpt: ...lawful detainer matter involving property located at 215 Plum Street, Exeter, CA, 93221 (the “Subject Property”), Defendant and moving party Jessica Juarez answered the complaint February 8, 2024 . This matter proceeded to trial on March 18, 2024. At 8:21 am on March 18, 2024, the Court received an email advising that Defendant Juarez was running late, but that she did not provide a estimated time of arrival or contact in f o r m a t io n . T...

Excerpt: ... presently incurred costs. On February 29, 2024, Plaintiff filed a supplemental declaration and points and authorities addressing these issues, as detailed below. Cla s s N o t ic e The settlement agreement provides no claim form will be required of class members to participate in distributions. Only those wishing to object or opt out must file notice with the settlement administrator. Objections or opt out notices are now to be made within 60 da...

Excerpt: ...Kaweah”) for elder abuse and neglect under Welfare and Institutions Code section 15600, et seq., violation of resident rights under Health and Safety Code section 1430(b) and for negligence based upon his admission to and care at Defendant's various facilities. Plaintiff also asserted these causes of action against a number of Doe Defendants . Plaintiff alleged, at the age of 67, he was admitted to Kaweah's general acute care hospital after hav...

Excerpt: ...ual assault, sexual battery, retaliation and wrongful termination arising out of her former employment as a mental health professional for Defe ndant California Forensic Medical Group dba Wellpath. (“Defendant Wellpath”) . Plaintiff alleges that Defendant Polach made sexual comments and jokes about Plaintiff, but that Defendant did not consider this harassment because both parties are women. (Complaint ¶ ¶ 9, 10.) Plaintiff further alleges ...

Excerpt: ... adjudication in their entirety; (3) To set the motion March 25, 2024; to order any opposition filed and served no later than March 20, 2024 and any reply to be filed and served no later than Mar ch 22, 2024. (1 ) a n d (2 ) This lawsuit arose when plaintiff Dominga Tabutol sued defendants Pacific Property & Casualty Company (Pacific) and American National Insurance Co m p a n y (AN IC) a lle g in g t h e ir r e s c is s io n o f h e r r e n t a ...

Excerpt: ...torneys' fees, costs, enhancement award, LWDA payment and class certification for settlement purposes came on for hearing on March 11, 2024. The Court finds and rules as follows: On February 9, 2024, the settlement administrator Phoenix, through its Case Manager, filed a declaration detailing the following events. On October 23, 2023, the administrator r e c e iv e d a m a ilin g lis t o f 5 8 2 p o t e n t ia l class members from Defendant's cou...

Excerpt: ...r Abuse Act. Th e m o t io n for summary adjudication of the first cause of action, and as to plaintiffs' claims for punitive damages and enhanced remedies under the Elder Abuse Act, is granted. Plaintiffs Toni Northrop and Teri Hopper are the children and successors of Mary Hopper, who is deceased (hereinafter, the decedent). Plaintiffs allege four causes of action against defendants identified as Linwood Meadows Care Center and Snowdrop Holding...

Excerpt: ...ff purchased or was assigned claims of physicians against Defendant California Physicians' Service dba Blue Shield of California as to the reasonable and customary value of emergency services. (Complaint ¶¶25, 31.) The complaint alleges further “The acts, transactions and occurrences giving rise to this action occurred in substantial part in the County of Tulare, in the State of California.” (Complaint ¶4.) The complaint admits no express ...

Excerpt: ... be made at any time after the answer is filed upon giving five days notice.” (Code Civ. Proc., § 1170.7.) Castellanos served her pleadings in support of the motion on Friday, January 26, 2024, five days (three court days) ahead of the date set for hearing and for trial. Defendant's motion Castellanos contends plaintiff inaccurately stated the amount of rent due in his notice to pay rent or quit and that the notice was, therefore, defective. C...

Excerpt: ...e Subject Property's prior owner. (Complaint he complaint then alleges that Plaintiff purchased the Subject Propertyon March 3, 2023, and that "The defendant signed a rental agreement with a rent amount of $975.00 per month." (Complaint 96.) The complaint thereafter attaches a written lease agreement dated July 1, 2023. (Complaint — Ex. 1.) Defendant Castellanos argues that the complaint is rendered uncertain by pleading that the agreement to r...

Excerpt: ... to prepay per diem rent for the length of the stay. This unlawful detainer matter involves property located at 565 S. Walnut #A Porterville, CA 93257 ("Subject Property.") (Complaint 93.) The complaint alleges this is a sixty-day notice matter subject to the Tenant Protecton Act. (Complaint 99.) Pursuant to this Court's order on August 17, 2023, Plaintiff posted and mailed the summons, complaint and related documents on Defendant Brady on August...

Excerpt: ...ance with the remaining provisions of section 473(b) as to the of a proposed answer. This unlawful detainer matter, filed April 27, 2023, involves property located at 720 East Worth Ave Space 14, Porterville, California 93257 ("Subject Property." ) (Complaint 94.) Defendant and moving party Pascal Garcia was served via personal service on May 1, 2023. On May 9, 2023, this Court entered default as to Defendant Pascal Garcia. On May 23, 2023, Defen...

Excerpt: ...parties, the court took under submission the complaint for breach of contract. The Court, thereafter, issued its Statement of Decision on December 15, 2022 entering judgment in favor of Plaintiff as to the sum of $200. Thereafter, on December 15, 2022, the Clerk of the Court served by mail the Statement of Decision on Plaintiff. On March 21, 2023, Plaintiff filed a "motion for reconsideration" arguing that the Court did not consider evidence, mad...

Excerpt: ...to a medical emergency. Authority and Analysis A non-prevailing party may make a motion to reconsider and enter a different order under the following conditions: (1) brought before the same judge that made the order sought to be reconsidered; (2) made within 10 days after service upon the party of the notice of entry of the order (extended under CCP S 1013 for type of service); (3) based on new or different facts, circumstances or law than those ...

Excerpt: ...e of bed bugs in room number 222 (the "Room"), and damages therefrom, at Defendant's Porterville Lodging LLC's hotel. (Complaint 92.) Plaintiff seeks punitive damages as to the nuisance cause of action. Relevant here, Plaintiff alleges she entered into a hotel rental agreement to stay as a guest in the room between December 15, 2020 and January 23, 2021. (Complaint 26.) Plaintiff further alleges that in January 2021, she noticed the bed bug infes...

Excerpt: ...the parent of the 4-year-old minor Marcellus Luque. Petitioner now brings a petition to approve the compromise of a settlement offerto the minor child. According to the Petition, on April 28, 2019, the minor was a passenger in a vehicle that was rear ended by Defendant Darron R. Burrill, allegedly while employed by Defendant Brahma Group, Inc. (Petition at 4, 5.) Injunes The minor child suffered emotional distress damages but has fully recovered ...

Excerpt: ...ff for a credit card account, entering into a written credit card account agreement with Plaintiff for the account number ending in 9035 (the “Account”) (UMF Nos. 1, 10.) Defendant agreed to be bound by the terms and conditions set forth in the agreement when the defendant applied for, received or used the credit card or the account. (UMF Nos. 2, 11.) After receiving the credit card, purchases were made by the use of the account and the charg...

Excerpt: ... debt Defendant incurred for the care of her children. Plaintiff alleged causes of action including open book account and account stated. Defendant now seeks recovery of her costs, including attorneys' fees, as the prevailing party on an action for an open book account. Defendant seeks attorneys' fees of $960.00 and other costs of $409.31. Authority and Analysis A prevailing party is entitled to recover costs as a matter of right. (Code Civ. Proc...

Excerpt: ...�) On November 16, 2022 the complaint was filed. On December 5, 2022, Plaintiff filed a proof of service indicating posting at the Subject Property and mailing service on Defendant occurred on December 2, 2022. On December 22, 2022, default judgment was entered and the writ of possession was issued on January 3, 2023. On January 25, 2023, Defendant file this ex parte motion to vacate the default judgment and/or stay this matter. Defendant states ...

Excerpt: ...as to (1) 6‐year‐old Claimant Chelsea Jacobo is Tania Jacobo, parent and guardian ad litem. The Petitioner as to (2) 9‐year‐old Claimant Rumaldo Jacobo is Israel Jacobo‐Perez, guardian ad litem and parent. Petitioners bring these petitions to approve the compromises of settlement offers to the minor children. This matter involves an automobile accident. On or about October 11, 2019, both Claimants were passengers in a motor vehicle. (Am...

Excerpt: ...cts On November 29, 2022, Plaintiff John MF Doe sued Defendant Doe 1 School district for various negligence theories, intentional infliction of emotional distress and sexual battery for incidents alleged to have occurred when Plaintiff was 17 years old by an employee of Defendant School District while Plaintiff attended high school. Plaintiff is now over 40 years old. On December 1, 2022, Plaintiff filed a motion to seal application to proceed wi...

Excerpt: ...t May 17, 2020, Mr. Hernandez drowned in the Sequoia National Forest at a location on the Tule River near Springville known as Brad's Hole. (SAC Attachment ¶ 3.) The Court notes the initial complaint was filed June 15, 2021. The initial complaint alleged premises liability against, amongst others, the City of Tulare and Does 1 through 10 arising out of the May 17, 2020 incident described above. Relevant here, the Second Amended Complaint states,...

Excerpt: ...section 1094.5, subdivision (c) provides the basic framework by which an aggrieved party to an administrative proceeding may seek judicial review of any final order or decision rendered by a state agency.” (Mann v. Department of Motor Vehicles (1999) 76 Cal.App.4th 312, 320.) Vehicle Code section 13559, however, which is the specific enactment regarding judicial review of administrative suspension of driving privileges due to driving with exces...

Excerpt: ...nded complaint against Defendant Sandy Mason, individually, and in her capacity as Personal Administrator of the Estate of Christopher Mason, decedent for possession of personal property. Paragraph 12 of the first amended complaint indicates: “This action was initially filed in April 2022, prior to defendant Sandy Mason filing her petition for probate in Tulare County Superior Court Case No. PPR051323. A creditor's claim against the estate has ...

Excerpt: ... an ex parte motion to set aside default judgment and stay execution of judgment. On November 7, 2022, this Court granted the stay and continued the motion to this date. This is an unlawful detainer matter involving 1512 N Cobb St #3 Porterville CA 93257 (“Subject Property.”) This matter is based upon a 3‐day notice to pay rent or quit. On October 4, 2022, the complaint was filed. On October 13, 2022, Plaintiff filed a proof of service indi...

Excerpt: ...Inc. for open book and account stated. On February 10, 2022, Defendant Juan Torres Construction Inc., represented by counsel, filed an answer. On November 7, 2022, Defendant Juan Torres Construction Inc. filed a substitution of attorney which purported to substitute out counsel and substitute in Juan Torres, in pro per, for Defendant Juan Torres Construction Inc. Defendant Juan Torres Construction Inc. is a corporate entity. Defendant Juan Torres...

Excerpt: ...rth below. Facts The Petitioner as to (1) 6‐year‐old Claimant Chelsea Jacobo is Tania Jacobo, parent and guardian ad litem. The Petitioner as to (2) 9‐year‐old Claimant Rumaldo Jacobo is Israel Jacobo‐Perez, guardian ad litem and parent. Petitioners bring these petitions to approve the compromises of settlement offers to the minor children. This matter involves an automobile accident. On or about October 11, 2019, both Claimants were pa...

Excerpt: ...Citibank. (Complaint ¶1.) Plaintiff notes it “is a debt buyer as defined by Section 1788.50 of the CA Civil Code. Plaintiff and Plaintiff's counsel's application for license pursuant to Financial Code Section 100000 et. seq. are pending issuance with the Nationwide Multistate Licensing and Registry and/or the California Department of Financial Protection and Innovation.” (Complaint ¶4.) Plaintiff further alleges “Section 1788.50 of the CA...

Excerpt: ...te of Wanger Jones Helsley PC, due no later than thirty (30) days from this hearing. Facts This limited civil case alleges two causes of action for open book account and account stated as against Defendant Juan Torres Construction Inc. Plaintiffs First Set of Request for Admissions were served on July 14, 2022. Defendant served responses on August 18, 2022. The responses stated: “Responding Party incorporates by reference the aforementioned Pre...

Excerpt: ...ed by Plaintiff ending 0635. Defendant answered the complaint. On or July 19, 2022, the Court deemed admissions nos. 1 through 11 admitted as follows: 1. YOU admit that YOU applied for the credit card ACCOUNT with JPMorgan Chase Bank, N.A; 2. YOU admit that YOU received a Cardmember Agreement, for the credit card ACCOUNT ending in XXXXXXXXXXXX0635; 3. YOU admit that YOU voluntarily agreed to abide by all terms and conditions listed in the Cardmem...

Excerpt: ...iled by the personal representative of the estate of decedent Juan Hernandez. (First Amended Complaint (“FAC”) Attachment ¶ 1.) On or about May 17, 2020, Mr. Hernandez drowned in the Sequoia National Forest at a location on the Tule River near Springville known as Brad's Hole. (FAC Attachment ¶ 2.) Plaintiff has sued Defendant City of Tulare and Does for one count of premises liability. (FAC ¶10.e.) Relevant to this motion, on or about May...

Excerpt: ... 6.) On February 8, 2022, Plaintiff caused a three‐day notice to pay rent or quit (“Notice”) to be personally served on Defendant. (Complaint ¶10.) The Notice states rent due in the amount of $850 for February 1, 2022 through March 1, 2022. (Complaint ‐ Exhibit 2.) The Court notes the Notice also states “You also owe electric (solar) for May à Feb. 2022 10 months x $140.71 = $1407.10.” (Complaint ‐ Exhibit 2.) The Notice provides ...

Excerpt: ... 2020, the minor child was walking or jogging northbound on Prospect Street when Defendant entered the crosswalk and struck the minor child as she was crossing. (Petition at 6) The minor suffered pain to her left arm, left shoulder, abdomen, chest and back. (Petition at 7.) She was taken by ambulance to Sierra View Medical Center for initial treatment and was later seen at Valley Children's Hospital. (Petition at 7.) The Petition states the minor...

Excerpt: ...April 20, 2022, Plaintiff had a “Notice to Terminate Tenancy” (“Notice”) that provided 60 days to surrender possession or until June 20, 2022. The Notice provides the names of Defendants, the address of the Subject Property, a description of the Subject Property, the date to surrender possession followed by the statement: “which is the last day of the rent period, and that on said day you be required by these presents to surrender the p...

Excerpt: ...nas Jacobo, an individual (collectively referred to hereinafter as “Plaintiffs”) filed this personal injury lawsuit stemming from a tractor‐trailer versus automobile accident that occurred on October 11, 2019, at approximately 3:00 a.m., on southbound SR‐ 99, south of the Avenue 384 overcrossing, in unincorporated Tulare County. Defendants Isaias Correa, Jr.'s And Correa Transportation, LLC's Answer was filed on July 9, 2021. Defendant Ju...

Excerpt: ... Defendant filed a separate quiet title action in Tulare County Superior Court Case No. VCU291975, involving title claims related to the property that is the subject of this action. Defendant did not file a notice of related cases in either this department, or the department to which the quiet title matter is assigned. (See Cal. Rules of Ct., rule 3.300.) On June 17, 2022, Defendant demurred to the unlawful detainer complaint, raising arguments b...

Excerpt: ...ENANCY” to be served on Defendants, including Defendant Vega (the “Notice.”) The Notice provides a statement that the tenancy is not subject to the Tenant Protection Act of 2019, contains the language required by 1946.2(e)(8)(B). The sixty day period expired May 21, 2022. On May 24, 2022, Plaintiff filed this unlawful detainer complaint. There was no agreement as to the rental of the Premises or amount of rent. Plaintiff indicates Plaintiff...

Excerpt: ...ndant filed this motion April 5, 2022. The procedural history, Defendant's participation at various hearings and statements by the Court to Defendant are relevant to denial of this Motion. On November 9, 2021, Defendant, representing himself, attended the case management conference. Defendant told the Court at that time, he did not understand he had to file an answer. The Court advised him that he had not yet filed a response to the lawsuit. Spec...

Excerpt: ...r is an unlawful detainer action involving residential property located at 1090 Stonegate Cove Dr. #A, Porterville, CA 93257. Defendant Valdez was served via posting and mailing on April 5, 2022. The proof of service of this method of service was filed April 27, 2022. Default was entered as to Defendant Valdez on April 27, 2022. In support of this motion, Defendant Valdez's counsel has submitted a declaration that indicates that counsel contacted...

Excerpt: ...l termination, negligent infliction of emotional distress, intentional infliction of emotional distress and for declaratory relief. Plaintiff filed this case on December 8, 2021 against Defendant Porterville Unified School District. Plaintiff filed a proof of service indicating that service of the summons, complaint and related required documents took place on December 14, 2021 at 11:15 am through personal service on “Arietta Ruiz – Administr...

Excerpt: ...021, Defendant served a subpoena on Synchrony of Visalia for Plaintiff's medical records. Synchrony refused to produce any records without a signed HIPAA authorization from Plaintiff. Plaintiff, however, refuses to sign the authorization. Authority and Analysis Code of Civil Procedure section 1987.1, subdivision (a) provides: “If a subpoena requires the attendance of a witness or the production of books, documents, or other things before a cour...

Excerpt: ...greed he was indebted to Plaintiff, that within the last four years Plaintiff lent Defendant money at Defendant's request, and that the amount due is $5,175.35 (Complaint Page 3(a)(1),(2) and (b)(4)(5).) Defendant's Answer admits all allegations. Plaintiff states that counsel attempted to contact Defendant regarding this Motion in accordance with Code of Civil Procedure section 439(a). “Before filing a motion for judgment on the pleadings pursu...

Excerpt: ... Ashland Avenue, number 22, Lindsay, California 93247 (the “Property.”) Defendant Guadalupe Bedolla was served with a summons and complaint on November 23, 2021 pursuant to the filed proof of service. Default judgment was entered against Defendant and a writ of execution was issued on December 3, 2021. Defendant then obtained legal representation on December 11, 2021 and filed this Motion on December 14, 2021. Defendant's declaration filed wi...

Excerpt: ...hat appears to be evidentiary material for consideration that goes beyond the four corners of the Complaint. A first responsive pleading is typically an answer, demurrer, motion to strike, motion to quash, motion to change venue, or other motion attacking the four corners of the complaint or other initiating documents. While the Court makes no finding as to the merits or weight of the attachments, the Court's review indicates they are exhibits wh...

Excerpt: ...court trial in this home construction contract matter. The Court's Judgment of November 8, 2021 awarded Plaintiff $201,576.91 in damages against Defendants for breach of contract and breach of California's prompt payment statute under Civil Code section 8800. The Court's Judgment determined Plaintiff as prevailing party and awarded attorneys' fees. Plaintiff bases its Motion on the attorneys' fees provision in Paragraph 27 of the contract between...

Excerpt: ... is the owner, that a month to month tenancy was established, that although a written agreement was made, he is not in possession of the agreement, but alleges monthly rent in the amount of $830.00 and that Defendants Acosta and Meza remain in possession after personal service and expiration of a 30 day notice, set to expire October 29, 2021. A copy of the notice is attached to the complaint. Plaintiff then filed the complaint for unlawful detain...

Excerpt: ... the provisions of California Code of Civil Procedure section 664.6.” Thereafter, also on May 21, 2020, the parties executed an addendum to this original settlement agreement. Notably, this addendum called for the parties to file a “Request for Dismissal of the entire Action, with prejudice.” A dismissal of the entire action, with prejudice occurred July 1, 2020. Thereafter, Defendant allegedly could not make the requisite payment under the...

Excerpt: ...his motion arises out of the forfeiture of a bond that real party in interest Financial Casualty Insurance dba The Bail Hotline Bail Bonds posted to secure the appearance in court of defendant Joshua Lyman on August 25, 2020. After being released on bail defendant fled to North Carolina where he was apprehended and placed in custody. The Tulare County District Attorney is presently in the process of extraditing defendant Lyman back to California....

Excerpt: ...n his residence driveway at 815 Tea Pot Dome Avenue. Plaintiff was working on his truck when defendant Mohamed Mohamed was driving while intoxicated and at an unsafe speed. Defendant ran through a stop sign at the intersection of Tea Pot Avenue and Indiana Street and collided with a parked 1993 Ford Ranger. The force of the collision caused the Ford Ranger to plow into plaintiff, causing him severe injuries that included the amputation of both le...

Excerpt: ...his motion arises out of the forfeiture of a bond that real party in interest Financial Casualty Insurance dba The Bail Hotline Bail Bonds posted to secure the appearance in court of defendant Joshua Lyman on August 25, 2020. After being released on bail defendant fled to North Carolina where he was apprehended and placed in custody. The Tulare County District Attorney is presently in the process of extraditing defendant Lyman back to California....

Excerpt: ...he stipulation to be filed and reviewed by the court. What appears below is the original September 28 ruling. Tentative Rulings: (1) Defendants Ellen Reimi and Dana Bounds motions to compel responses to defendants' first sets of form interrogatories, special interrogatories, and request for production are granted. Plaintiff David A. Sanchez shall provide full and complete verified answers to these discovery requests without objection no later tha...

Excerpt: ...n his residence driveway at 815 Tea Pot Dome Avenue. Plaintiff was working on his truck when defendant Mohamed Mohamed was driving while intoxicated and at an unsafe speed. Defendant ran through a stop sign at the intersection of Tea Pot Avenue and Indiana Street and collided with a parked 1993 Ford Ranger. The force of the collision caused the Ford Ranger to plow into plaintiff, causing him severe injuries that included the amputation of both le...

Excerpt: ...t 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 General Corp. (2007) 148 Cal.App.4th 97, 113. OPERATIVE FACTS This case pleads causes of action for (1) wrongful death; (2) use of excessive force...

Excerpt: ... is “devoid of any facts or factual allegations,” and specifically that the “first cause of action for unlawful detainer fails to state any facts evincing all requisite requirements (elements) for a (sic) unlawful detainer”; and (2) that “all of the causes of action are uncertain, unintelligible, and ambiguous,” and specifically that “the unlawful detainer allegations fails to state and/or is unintelligible and ambiguous as to what ...

Excerpt: ...tion based on defendant Laura Andrea Sanchez Nunez's default on a credit card obligation due to plaintiff US Bank National Association dba Elan Financial Services. Plaintiff pleads causes of action for Open Book Account, and Account Stated. Defendant's last transaction on this account was on June 13, 2019. Proof of service in the Court's file indicates that timely and proper notice was given to all involved parties in this action. The Court has n...

Excerpt: ...g time penalties, without leave to amend; To Sustain Defendant's demurrer to Plaintiff's Eighth Cause of Action as to retaliation claims, with leave to amend; To Overrule Defendant's demurrer in all other respects. (2) To deny Defendant's Motion to Strike First Amended Complaint. Defendant's motions were initially filed on January 6, 2020 and have been continued due to court emergency orders and reassignment of this action to this date. Plaintiff...

Excerpt: ...ce for Tuesday, August 3, 2021, at 8:30 a.m. in Department 23. Plaintiff seeks to add a new cause of action and to add a new party defendant. Defendants Yassen Mohamed, Nagi M. Saeed, and Edison Mini Mart oppose the motion asserting Plaintiff has prejudicially delayed by seeking relief less than a month before the scheduled trial date. Plaintiff alleges information learned during discovery gave rise to the new cause of action and new defendant. P...

Excerpt: ...gs' objection to Questions 2 and 3 are sustained. OPERATIVE FACTS This is a personal injury action arising out of a motor vehicle accident. Plaintiff raises the following allegations in ¶MV-2 of his complaint: (a) The defendants who operated a motor vehicle are Arthur Jennings; (b) The defendants who employed the persons who operated a motor in the course of their employment are: City of Porterville, Tree Sierra Management; (c) the defendants wh...

Excerpt: ...Negligent Infliction of Emotional Distress that arise out of the plaintiffs' claim that the defendants violated the civil rights of plaintiffs' decedent Humberto Sanchez Ramos under 42 U.S.C. §1983. Defendants demurrer to the plaintiffs' first amended complaint on the bases that (1) plaintiffs have failed to allege sufficient facts to constitute any causes of action, and (2) that the defendant deputies are exempt from liability based on qualifie...

Excerpt: ...hearing on all three discovery motions to March 23, 2021 at 8: 30 a.m. in Department 23. As to all three discovery motions: Plaintiff's action seeks damages for injuries suffered from a defective product. Defendant propounded written discovery in October 2020. Plaintiff, through his counsel, provided responses to the discovery containing only unverified objections. Plaintiff's counsel advised Defense counsel that there was a communication problem...

Excerpt: ...without prejudice. This is a contract action that involved the arrest of two vessels for the alleged non-payment of bunker supplies and the consequent failure to release these vessels and their contents to the plaintiffs. Plaintiff are the guarantor and shipping company for these vessels. The defendants are the owners of the vessels. Defendant AAA is a company engaged in ship management and ship owning only with its principal place of business in...

Excerpt: ...n of Documents, Set One. Plaintiff shall provide verified written responses, without objection, to the discovery requests within ten (10) days of this order; and (2) To Grant Defendant's Motion to Compel Plaintiff's Responses to Form Interrogatories, Set One. Plaintiff shall provide verified written responses, without objection, to the discovery requests within ten (10) days of this order. As to both motions, Plaintiff shall pay to Defendant the ...

Excerpt: ...rrer by Defendants Enterprise Rent-A-Car Company of Sacramento, LLC and National Car Rental to Plaintiffs' First Amended Complaint as to all causes of action; and (2) To Grant the Motion by Defendants Enterprise Rent-A-Car Company of Sacramento, LLC and National Car Rental to Strike Punitive Damages Allegations, without leave to amend and to deny the motion as to class allegations. Defendants shall file their answers to the First Amended Complain...

Excerpt: ...application for a fee waiver because her counsel Barry Fischer agreed to pay the necessary filing fees. Because of the outbreak of the COVID-19 pandemic in late March, 2020, the City of Beverly Hills ordered all non-essential business (including the Law Office of Barry Fischer) closed. Mr. Fischer was replaced as plaintiff's attorney of record by attorney Behrouz Shafie, on or about April 14, 2020. Attorney Shafie filed the formal Substitution of...

Excerpt: ...netary Sanctions in the Sum of $1,355.00 against Plaintiff and Her Counsel of Record Raymond Ghermezian APLC (3) Defendant Rodolfo Elizalde Jr.'s Motion for an Order Deeming the Truth of Admissions; Request for Monetary Sanctions in the Sum of $1,540.00 against Plaintiff and Her Counsel of Record Raymond Ghermezian APLC (4) Defendant Rodolfo Elizalde Jr.'s Motion to Compel Plaintiff's Verified Responses to Demand for Production Set One and Produc...

Excerpt: ...rected to appear by CourtCall. Defendant's motion was filed on March 23, 2020 and noticed for hearing on May 12, 2020. Proof of service in the file indicates notice of the motion was adequate. As of May 15, 2020, no response to the motion has been processed. Plaintiff asserts he suffered injuries in a vehicle accident involving a vehicle owned by Defendant H and B Truck Lines, Canal Insurance Company's insured. The accident is alleged to have occ...