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