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...