Excerpt: ...ucement — concealment. Plaintiffs filed a first amended complaint March 27, 2023. This matter involves Plaintiff's entrance into a warranty contract with GM regarding a 2019 Chevrolet Silverado 1500 ("Subject Vehicle") on or about August 3, 2019. (First Amended Complaint ("FAC") 97.) Relevant here to Defendant's demurrer and motion to strike as to the fifth cause of action for fraudulent concealment, Plaintiff alleges that the Subject Vehicle s...

Excerpt: ...otorist based upon a motor vehicle accident against Defendants Guadalupe Trujillo De Fernandez and Antonio Fernandez. On December 20, 2022, Plaintiff filed proofs of service indicating personal service as to each Defendant had occurred on November 29, 2022. On March 20, 2023, default was entered. On June 8, 2023, Defendant Guadalupe Trujillo De Fernandez only filed this motion for relief from default. Although Defendant utilized a pre-printed mot...

Excerpt: ...ependent upon oxygen following a battle with COVID-19, caused Plaintiff to suffer amputation of multiple toes as a result of his treatment and care with Defendant. Defendant moves to compel this matter to arbitration based upon an "attestation of responsible party" whereby Veronica Hampton, Plaintiff's daughter, attested that she was the "responsible party" to sign the Admission Agreement on behalf of Plaintiff The Admission Agreement ("Agreement...

Excerpt: ...int no less than five (5) days from this hearing. (1) Facts This is a commercial unlawful detainer matter involving strictly the commercial property located at 13406 Road 23, Corcoran, CA 93212 and specifically limited to APN Nos. 291-020-029, 291-030-042, and 291- 030-043 (the "Leased Property") (FAC 95, fn 1 [excluding residential dwelling units located at 13406 Road 23 on other APN Nos. identified in the Notice at issue in this matter.) Plaint...

Excerpt: ...any other person). (Gov. Code, S 815; see 5 Witkin Sum. Cal. Law Torts (2023), S 267.) One source of statutory public entity liability is the Government Claims Act (Gov. Code, SS 810 et seq.), California's comprehensive public liability statutory scheme. As relevant here, section 815.2 of the Act provides that public entities are vicariously liable for the acts and omissions of their employees acting within the scope of their employment, provided...

Excerpt: ...tiff indicates she is the "manager" of the Subject Property. (Complaint 94) A three-day notice to quit ("Three-Day Notice") was served May 16, 2023 indicating there was no contract between Plaintiff, "Managing Company" and/or owner of the property for tenancy, verbal notice of trespass was given, the "Managing Company and Owner" demands deliver of possession of the premises and that fees to obtain possession will be sought in court. The complaint...

Excerpt: ...uant to the file stamped copy, on March 13, 2023. However, Plaintiff indicates that on December 30, 2022, it electronically submitted the application for renewal of judgment, but that the Court, on January 13, 2023 rejected the Application for and Renewal of Judgment stating that the "aka name" did not match with the Complaint. Plaintiff seeks to have the judgment renewed as of December 30, 2022 because of SB 1200 modifying the law regarding rene...

Excerpt: ...iff filed this complaint alleging a motor vehicle accident occurred between Plaintiff and Defendant Avelina Alcazar on June 25, 2021. At the time of the collision, Defendant provided an Oregon driver's license with the address 685 NE Garswood Terrace, Beaverton, OR. (Declaration of Lyndsie Russell ("Russell Decl.") 94.) Counsel for Plaintiff conducted a people search through Westlaw and obtained an updated address of 389 NE Natalie Street, Hillsb...

Excerpt: ... 5514. Defendant answered the complaint by checking 3(b) that states: "Defendant admits that all of the statements of the complaint or cross-complaint are true EXCEPT: (1) Defendant claims the following statements are false (use paragraph numbers or explain): The plaintiff has provideed (sic) no evidence this debt belongs to me. They have not provided an account number." Authority and Analysis When the moving party is the plaintiff, there is only...

Excerpt: ...judgment upon a sufficient showing or consider a motion for relief from the default. (Weil & Brown, Cal. Prac. Guide: Civ. Proc. Before Trial (Rutter Group 2022) '1 5:7 citing W.A. Rose Company v. Municipal Court for Oakland-piedmont Judicial District (1959) 176 Cal.App.2d 67, 72.) Defendants, for example, cannot defend these applications while in default and would have to move first for relief. In the Court's view, judicial efficiency is served ...

Excerpt: ...e), as set forth below; and (3) to extend the deadline for plaintiffs to respond to written discovery, with a limited-purpose extension of the discovery and discovery motion hearing cutoff dates to accommodate the requested extension without undue prejudice to Bell Carter. After multiple demurrers, this action by California olive grower plaintiffs has been narrowed to a single fraudulent concealment claim against Bell Carter. The order on the las...

Excerpt: ...roperty. A three-day notice to quit ("Three-Day Notice") was served February 22, 2023 indicating a breach of the lease as to maintenance of the property in a condition safe to self-wherein the pest control service deemed the defendants "unclean and cause of roach infestation." Additionally, Plaintiff, apparently on the same day, served a sixty-day notice to terminate the rental contract based on uncleanliness of tenant leading to the roach infest...

Excerpt: ...fornia Edison (SCE) "for state highway purposes." Caltrans seeks to acquire a portion of a parcel and an adjacent temporary easement on the same parcel for construction purposes. Caltrans moves for prejudgment possession under Code of Civil Procedure section 1255.410. SCE objects to the motion, contending the proposed taking will adversely impact the capacity of a drainage basin maintained for the benefit of the city of Tulare (for stormwater dra...

Excerpt: ...Subject Vehicle was manufactured and delivered to Plaintiff with a defective transmission. (First Amended Complaint ("FAC") "4, 11.) This action was filed August 11, 2022. Relevant here to Defendant's demurrer and motion to strike as to the fourth cause of action for fraudulent concealment, Plaintiff alleges that GM is "responsible for the distribution, service, repair, installation, and decisions regarding GM's Hydra-Matc 8L90 transmission or Hy...

Excerpt: ... "First Martinez Acton"). In the First Martinez Action, Plaintiff alleges that Saputo violated the California Labor Code based on alleged failure to pay minimum, straight time, and overtime wages, failure to provide meal and rest periods, failure to pay all earned wages twice per month, failure to maintain accurate records, failure to timely pay final wages at termination, failure to furnish accurate itemized wage statements, and failure to indem...

Excerpt: ...as to the status of the deposit. The Court does not intend to set a final approval hearing of this settlement until the funds are fully deposited. 1. Sufficiency of Amount of Settlement (Proposed Net Estimated: $211,000) The gross settlement amount is $350,000. Plaintiff estimates approximately 37 proposed Class Members, providing a proposed estimated average payout of $5,700 per member. The Class Members consist of: "All non-exempt dairy workers...

Excerpt: ...isting four causes of action under the Song-Beverly Act and a fifth for fraudulent inducement— concealment. Plaintiffs filed a first amended complaint January 9, 2023. This matter inwlves Plaintiffs' purchase of a 2014 Chevrolet Cruze ("Subject Vehicle") from an authorized dealer and entry into a warranty contract with Defendant GM on November 16, 2013. (First Amended complaint ("FAC") 6, 8.) Plaintiffs alleged that "Prior to purchasing Subject...

Excerpt: ...dance with Civil Code Secton 8048, on behalf of and at the request of Respondents Rodney Hughes and Patsy Hughes, 782 N. Brundage Ave, Farmersville, CA ("Subject Property") pursuant to a written agreement. (Petition "3, 12) Petitioner indicates that it filed and duly recorded the Mechanic's Lien on December 14, 2022 and this recordation occurred within 90 days following completion or cessation of work in accordance with Civil Code section 8460. (...

Excerpt: ...ke without leave to amend as to references to treble damages under Code of Civil Procedure secton 340.1 (b) and references to Department of Social Services Child Welfare Services Manual sections 31-320. Plaintiff's amended complaint alleges that Defendant County of Tulare placed Plaintiff in foster care where she was sexually abused by her teenage foster brother and the foster brother's girlfriend. (First Amended Complaint ("FAC") "1 10, 23, 24, ...

Excerpt: ... indicated on Defendant's answer. The Court's April 17, 2023 minute order reflects that the case was called at 9:09 in Department 2 in Visalia. At that point, Defendant had not appeared. Based on Defendant's non-appearance, the Court struck her answer. Plaintiff proceeded with trial in Defendant's absence and the Court, after hearing testimony and argument, entered judgment in fawr of Plaintiff for possession and a total of $4,825 in past due ren...

Excerpt: ... Interrogatories as to Defendant CVT, LLC; (6) Special Interrogatories as to Defendant CVT, LLC; (7) Requests for Admissions as to Defendant CVT, LLC; and (8) Requests for Production of Documents as to Defendant CVT, LLC; and for sanctions against Defendant CVT, LLC and their counsel of record. Tentative Ruling: To find motions (1) through (8) moot as a result of Defendant's supplemental responses; to sanction Defendant, and its counsel of record...

Excerpt: ... answer, filed January 5, 2023, does not deny the allegations and Defendant's attachment to the answer admits Defendant owes the principal debt to Plaintiff. Plaintiff, on this basis, moves for judgment on the pleadings and recovery of its costs totaling $353.50, for a total judgment in the sum of $1,589.33. Plaintiff's proof of service indicates service of this motion by mail on the address indicated on Defendant's answer. Authority and Analysis...