Excerpt: ...d class action representative, and defendant United Ag Personnel Management, Inc. The proposed settlement would resolve various wage and hour claims arising under the Labor Code, Business and Professions Code and the Private Attorneys General Act (“PAGA”) of a proposed class defined as follows: “all current or former nonexempt, hourly paid employees of United Ag Personnel Management, Inc., who were employed in California and worked for Agri...

Excerpt: ...ject right of way, for a cul‐de‐sac at the termination of Avenue 128, for a PG & E electrical easement, and for LTRID irrigation canal easements. To meet project deadlines and allow for timely delivery of the planned infrastructure included within CP 2‐3, the State contends that it requires prejudgment possession of the defendant's farmland as soon as possible, but to comply with all statutory notice requirements, the State is requesting po...

Excerpt: ...'s request for judicial notice of the entire court file for VCF398058, VCM384038, VCM379373, VCM379942, and VCM358487, is also granted, however, as to movant's request the clerk of this court have the files in the courtroom at the hearing or that the files be electronically accessible, movant is directed to comply with rule 3.1306(c) of the California Rules of Court, and, further, to consult this court's local rule 705. Motion to set aside defaul...

Excerpt: ... whether the named plaintiffs have standing to serve as the representatives of the putative class before discovery is conducted as to the claims of the class members. Bifurcation is the process whereby the Court may order separate trials of issues or parties joined in a single action. The objective of defendants' motion to bifurcate in this present case is to try the issues of liability and damages separately so as to minimize the prejudice that ...

Excerpt: ...(2) why sanctions payable to the Court under CCP §177.5 in the amount of $1,500.00 should not be imposed against defendant Felicia Hunter based on her disobedience of the Court's August 3, 2021 order. No CourtCall shall be permitted for this Order to Show Cause appearance. On August 3, 2021, this Court ordered plaintiff Hunter to provide full and complete verified responses without objection to defendant's first sets of form and special interrog...

Excerpt: ...he NOD has a California Declaration of Compliance (Civil Code §2923.55(c) that states that the requirements of Civil Code §2934.55 do not apply because the loan at issue is not secured by a first lead mortgage or deed of trust on “owner occupied” residential real property as defined by Civil Code §2924.55. The NOD also references the recording information as to the Second Deed of Trust that secured the mortgage at issue in this case. Plain...

Excerpt: ...of a COVID‐19 related declaration on her landlord, and her application for Emergency Rental Assistance Program benefits and service of this application on the plaintiff. OPERATIVE FACTS This is an unlawful detainer action. Defendant Susan Finister was hospitalized from May 21, 2021 to mid‐June 2021 with complications from diabetes that resulted in the amputation of her right toe, her right foot, and her right leg below the knee. She is now co...

Excerpt: ... People's inspection demand without objection no later than 30 days from the notice of this ruling; (2) To grant the People's motion to compel responses to form and special interrogatories. Claimant Jei Chun Wu shall provide full and complete verified responses to the People's interrogatories without objection no later than 30 days from the notice of this ruling; (3) To grant the People's motion to deem request for admissions admitted by Claimant...

Excerpt: ...uadalupe Platas Tienda brings this negligence action based on her lack of consent to have the remains of her parents exhumed and reburied together in a plot at defendant's cemetery as per the request of plaintiff's other siblings. Plaintiff further contends that the defendant Woodville Public Cemetery mishandled her mother's remains when her mother was exhumed and reburied. STANDARD OF REVIEW CCP §473(a)(1) provides that “The court may, in fur...

Excerpt: ...een resolved. The court shall calendar a status conference as to the status of the Canadian action for July 13, 2022, at 8:30 am in Department. Greenpower shall reserve a new hearing date for this demurrer after the Canadian action has been resolved as to all parties and give applicable notice of this continued hearing. Defendant Greenpower Motor Company's Request for Judicial Notice is granted only as to the date of filing of the documents on fi...

Excerpt: ...ppealed to the Occupational Safety and Health Appeals Board (Board). The matter was heard before an administrative law judge (ALJ) who upheld the citation but reduced an associated penalty. The Board ordered reconsideration of the penalty reduction. Ventura also petitioned for reconsideration, asserting that the evidence did not justify the findings of fact, and the findings of fact did not support the decision. On September 22, 2017, the Board i...

Excerpt: ... below. Plaintiffs should not submit the entire motion and initial declarations a second time. The information is minimal, so a relatively short continuance is being provided. The hearing on this motion shall be continued to December 2, 2021, at 8:30 am in Department 1 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. Fo...

Excerpt: .... Plaintiff contends that the City of Dinuba's liability arises out of a malfunctioning crosswalk signal at the intersection where the accident occurred. As this is a wrongful death action based on the death of an 87‐year‐old retiree, plaintiff does not claim a loss of earnings, medical expenses, or general damages. Plaintiff's asserted damages are limited to the loss of Mr. Millard's love, companionship, care, assistance, society, moral supp...

Excerpt: ...has complied with the provisions of California Rule of Court 3.1362(d) as to the service of the moving papers for this motion on the plaintiffs. The Court has not received any response to this motion. CCP §284 provides that “The attorney in an action or special proceeding may be changed at any time before or after judgment of final determination, as follows: 1. Upon the consent of both client and attorney, filed with the clerk, or entered upon...

Excerpt: ...Ceramic Tile, Inc. Tentative Rulings: Both defendant's motions for summary judgment, against plaintiffs Ascension Peraza and against Jeffrey McKeehan, are granted. There is no tentative ruling on the merits of plaintiffs' class certification motions at this time. Hearing on plaintiffs' class certification motions is continued to November 4, 2021, at 8:30 AM, in Department 1. Defendant's motions for summary judgment Both plaintiffs' complaints all...

Excerpt: ... on disputed facts or credibility determinations, however, a jury is to determine the disputed facts before the court determines whether the facts confer standing as a matter of law. (People v. Superior Court (Plascencia) (2002) 103 Cal.App.4th 409, 424.) Defendants state, in the introductory section of their points and authorities, that Mr. Gonzalez's only relation to the action is that he is an employee of Magnolia Park and the husband of plain...

Excerpt: ...ncy, and, at least initially, the validity and issuance of prior land use approvals preceding the Building Permits, including issuance to Real Parties in Interest ARO Pistachios, Inc. and Touchstone Pistachio, Co. (Touchstone) of a Special Use Permit and Minor Modifications expanding the scope of the permit issued subsequently thereafter. Wonderful did not timely raise challenges to the Special Use Permit or Minor Modifications, but, however, has...

Excerpt: ...ing discovery of defendant's profits and financial condition, and (2) to grant plaintiff's motion for a hearing on objections to defendant/cross‐complainant's proposed judgment on cross‐complaint. Plaintiff's motion for order permitting discovery of defendant's profits and financial condition Subdivision (c) of section 9295 of the Civil Code prohibits pretrial discovery of the profits and financial condition of a defendant unless the court en...

Excerpt: ...e parties stipulated, on June 9, 2021, to continue the prior August 2, 2021 trial date for 90 days after having scheduled mediation for July 7, 2021. Less than a week following stipulation, and before the parties' scheduled mediation, plaintiff added three new defendants by “Doe” amendment. The parties, including plaintiff, represented in the stipulation that “in order to pursue mediation and to defer costly discovery until after the mediat...

Excerpt: ...that they experience physical and mental conditions related to a traumatic brain injury. Defendants ask this court to compel plaintiffs to execute blank authorizations to compel mental health records where the deponents are unknown and no attempt has been made to subpoena these records from these health care providers. Simply put, defendants' motion is premature. Defendants must first conduct further discovery to identify the mental health care p...

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: ...ode §1717 to plaintiff in the amount of $1,650.00 no later than thirty days from the date of this ruling. This is an action for damages and injunctive relief that plaintiff Jaime Gonzales filed against his homeowner's association (Maple Place Community Association) to enforce the CCRs and the statutory obligations applicable to the homeowners' association. Plaintiff brought this action to obtain from the Association financial reports prior to 20...

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: ...s located in a fenced lot on the property, and that the truck was located on the property when the fire occurred and was damaged due to the fire. Plaintiff contends her mobile food truck was located on the property pursuant to an oral lease with defendant. Defendant denies the existence of any lease, as well as any knowledge that plaintiff had her food truck located on the property prior to the fire. Plaintiff alleges that she had multiple direct...

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: ...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: ...ntiff's complaint D.R. Horton CA3, Inc.'s Motion to Strike Portions of Second Amended Complaint is denied. Defendant D.R. Horton's Request for Judicial Notice is granted as to the court's July 13, 2021 ruling under Evidence Code §452(c) and the date of filing of plaintiff's original, first and second amended complaints but denied as to the contents of these complaints as inadmissible hearsay. See Day v. Sharp (1975) 50 Cal.App.3d 904, 914; Fremo...

Excerpt: ...endant Walmart Inc. (2) To deny plaintiffs' motion for summary adjudication. I. Defendants' Motion for summary judgment or adjudication A. Judicial notice; Defendant's evidentiary objections Defendants request the court take judicial notice of (a) plaintiffs' complaint filed in this action, (b) defendants' answer, and (c) the death certificate of decedent Rolando Esquivel Soto. Plaintiffs request the court take judicial notice of (d) the ruling o...

Excerpt: ...entative Rulings: (1) To grant defendant Ruan Transport Corp.'s motion to compel verified responses, without objection, to form interrogatories‐general, special interrogatories, and request for production (sets one). Plaintiff shall provide full and complete verified responses without objection to defendant's first sets of form and special interrogatories, and first demand for production of documents within thirty days after service of the noti...

Excerpt: ...laintiff's counsel is to provide a revised order. The court finds that sufficient 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 ($1,500,000) The gross settlement amount is $1,500,000. Plaintiff estimates the total number of class members is 3200. Pl...

Excerpt: ...s raised below. Plaintiffs should not submit the entire motion and initial declarations a second time. Case Management Conference is likewise continued to the November 18, 2021 date. 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. The identity of this class is “All non‐exe...

Excerpt: ...ment 1 of this court. CMC is taken off calendar. The class is defined as “all current and former non‐ exempt California employees who were paid overtime wages by Defendant at any time from February 13, 2019 through October 1, 2019.” The court finds that sufficient 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. (200...

Excerpt: ...hall file his third amended complaint within twenty days from this ruling: (2) Defendant Nichole S. Atherton, MD's motion to strike portions of plaintiff's second amended complaint is rendered moot by this court's ruling as to defendant's demurrer to plaintiff's second amended complaint. Case Management conference is continued to December 16, 2021; 8:30 am; D1. OVERVIEW This is an action brought by Loren Sansom (hereinafter “Loren”) as an ind...

Excerpt: ...er mistake, inadvertence, surprise, or excusable neglect.” Here, plaintiff American Express National Bank obtained a court judgment against defendant Julie Clemmons, aka Julie A. Clemmons on July 23, 2021 only to subsequently learn the next day that the defendant had filed bankruptcy on July 21, 2021, before the judgment had been obtained. Accordingly, the court finds that plaintiff's obtaining judgment against the defendant after she had alrea...

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: ...nty Retirement Association (TCERA) as well as the validity of a hearing officer's determinations following a subsequent administrative hearing on the denial. Petitioner's application for retirement benefits was denied on September 25, 2019. Petitioner thereafter requested a hearing pursuant to TCERA administrative procedures. At the completion of the hearing, the hearing officer made various findings and recommendations, ultimately to the effect ...

Excerpt: ...ritten settlement agreement on March 16, 2017 that provided that judgment for $11,320.00 would not be entered against Mr. Garza if he paid to Bank of America a minimum of $75.00 monthly from March 20, 2017 through August 20, 2018 followed by a minimum of $150.00 from September 20, 2018 until the balance of $11,320.00 was paid in full. The agreement further provided that in the event of default that Bank of America could move for a judgment for wh...

Excerpt: ...ramic Tile, Inc.'s motion to deem requests for admissions, set two, to plaintiff Jeffrey McKeehan. The facts and allegations set forth in Request for Admissions 19‐107 of defendant's second set of requests for admissions to plaintiff Jeffrey McKeehan shall be deemed admitted. Plaintiff Jeffrey McKeehan shall also pay monetary sanctions in the amount of $660.00 in fees and costs to defendant's counsel within thirty days after service of the noti...

Excerpt: ...e Rulings: (1) There is no published tentative ruling for the substantive portion of these motions. It appears that Plaintiff has produced the requested discovery. The court's tentative ruling regarding sanctions is $660.00 in fees and costs for each motion. Exhibit “A” to the declarations of Nick Pritchett filed in support of each of these discovery motions indicate that on March 22, 2021, defendant served his first set of form interrogatori...

Excerpt: ...laration filed along with their demurrer and motion to strike, are sufficient under the circumstances for this court to find defendants sufficiently complied with the requirements of Code of Civil Procedure sections 430.41 and 435.5. Plaintiff has not, as of the court's last review, filed any opposition to the demurrer or motion to strike. 1. Demurrer Defendants demurrer to plaintiff's complaint on the grounds that the complaint fails to state a ...

Excerpt: ...hall provide full and complete verified responses to these interrogatories without objection no later than 20 days from the date of this ruling. Plaintiff shall also pay monetary sanctions to defendant's counsel in the amount of $560.00 under CCP §2023.030(a) and §2030.300(d) no later than 30 days from the date of this ruling. (2) To grant defendant Tulare County Office of Education's motion to compel plaintiff to attend psychological examinati...

Excerpt: ... service by the clerk will constitute notice of the order. Re: Hernandez v. Spartan Holdings LLC Case No.: VCU 278599 Date: September 21, 2020 Time: 8:30 A.M. Dept. 7‐The Honorable Bret D. Hillman Motion: Cross‐Defendant Steve Sorina Individually and dba Steve Sorina Plastering's Motion for Leave to File Amended Answer Tentative Ruling: To grant cross‐defendant Steve Sorina Individually and dba Steve Sorina Plastering's (“Sorina”) motio...

Excerpt: ...ce Defendants request the court take judicial notice of (a) plaintiff's first amended complaint filed in this action, (b) defendants' answer, and (c) the death certificate of decedent Rocky Paul Jones. Plaintiff requests the court take judicial notice of (d) the ruling on the demurrer and motion to strike entered in Laura Soto, et al. v. Walmart Inc., et al., Tulare County Superior Court Case No. VCU282959, (e) the “Findings and Declarations,�...

Excerpt: ...tempted to file their answer to plaintiff's complaint with the court through One Legal .and served this complaint by regular mail to plaintiff's counsel. The filed answer included the defendants' name and the symbol “/S/” as an electronic signature on the document. Then on August 10, 2021, defendants' counsel received an email from plaintiff's counsel that plaintiff would take defendants' default as plaintiff had not yet received the defendan...

Excerpt: ... and various entities, including Invigorate Healthcare, Inc. (Invigorate), a California corporation of which defendant Bigelow is, according to a statement of information filed with the Secretary of State on January 6, 2017, chief executive officer, a director, and agent for service of process. See Dec'l of A. Velen, ¶¶ 2 and 5; Exs. 1 and 2. According to defendant Bigelow's bankruptcy petition, defendant Bigelow owns 39% of Invigorate. See Dec...

Excerpt: ... article published on defendants' website. The article reports on an appellate court opinion by California's Second District Court of Appeal affirming the issuance of a domestic violence restraining order (DVRO) against plaintiff. As an initial matter, the court notes that plaintiff's causes of action are considered substantively equivalent for the purposes of its analysis of the instant motion. See Brodeur v. Atlas Entertainment, Inc. (2016) 248...

Excerpt: ...tiff may serve Mr. Atkinson in the manner provided in the Code of Civil Procedure for service of summons on a foreign national; (3) To deny defendant Brendan Riley's motion to quash service of summons. Plaintiff has filed a further proof of service showing Mr. Riley was personally served. This is a wrongful termination / wage and hour claim action where plaintiff raises causes of action for (1) breach of contract; (2) Breach of the Implied Covena...

Excerpt: ...ling. This sum awarded in sanctions shall include any interest accumulated between the time these settlement funds were due and payable and the date that these settlement funds were provided to plaintiff's counsel. (2) The court does not publish tentative rulings on motions to tax costs Plaintiff's Motion for Sanctions This is a “lemon law” case where the defendants accepted the defendant's 998 settlement offer of $77,500 on March 16, 2021. C...

Excerpt: ...ons to include the additional information requested by the court. Only the supplemental declarations of plaintiff and class counsel as indicated in this ruling need to be filed with the court. Plaintiff need not file the moving papers and approved declarations a second time. The court finds that insufficient information has been submitted as to various provisions of the settlement agreement for the court to make the merits evaluation required by ...

Excerpt: ...ive hearing conducted pursuant to Visalia Municipal Code (VMC) 6.16.030(C), that his dog, a Pit-bull named “Thor,” is a “vicious animal” (as defined in VMC section 6.04.010); and that would (b) enjoin destruction of the animal, as would otherwise be required under VMC section 6.16.060, incident to the “vicious animal” determination. In the petition, petitioner additionally alleges that an order that his other dog—also a Pit-bull, na...

Excerpt: ...e involving this same defendant: Tulare County Superior Court Case No. VCU282277. Specifically, this court notes, as set forth in its order from the prior hearing on this motion, that the stipulation in the other case recites that both defendants in that case, one of whom is the defendant in this case, have indicated they collectively lack the financial ability to finance a possible class and/or PAGA settlement or judgment of the claims in that c...

Excerpt: ...easonably arising by implication must be accepted as true. Couglas v. E. & J. Gallow Winery (1977) 69 Cal.App.3d 103, 114. An exception, however, is that the general rule is limited to those material facts properly pleaded and does not apply to conclusions of fact or law. Moore v. Regents of University of California (1990) 51 Cal.3d 120, 125. For example, a bare allegation that an act is illegal, unlawful, unauthorized, wrongful, or fraudulent is...

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: ...ter Interiors to supply and install the flooring for the homes that are at issue in this case. Spartan served its cross-complaint on moving party Coulters (a California Corporation) On December 18, 2018 by serving its principal and agent for process Bryan Wallace, who is not an attorney. When Coulter did not timely respond to Spartan's cross-complaint, Spartan filed with the court a request to enter default that was entered by the court on May 28...

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: ...ttlement agreement for the court to make the merits evaluation required by Kullar v. Foot Locker Retail, Inc. (2008) 168 Cal.App.4 th 116, 129. This class is identified as: “All current and former non-exempt employees of Defendant Cream of the Crop Ag Service who performed work in California from May 30, 2015 to March 7, 2021” 1. Sufficiency of Amount of Settlement ($1,750,000) The gross settlement amount is $1,750,000. Plaintiff estimates th...

Excerpt: ... California. On the day of this delivery, Mr. Gonzalez was struck when one or more hay bales fell on him as he was trying to unload these hay bales at AC Enterprises. Mr. Gonzalez contends that his injuries were the result of the failure of Hettinga's employees to cross-bale the stacked hay that would be within the standard of care to stack hay. Hettinga asserts that it delivered these hay bales as it routinely did, and that plaintiff caused his ...

Excerpt: ... on preliminary approval shall be set for October 7, 2021; 8:30 am; Dept 1. The parties need not file for a second time the moving papers and declarations already on file with the court. Plaintiff Nereida Barela moves for an order (1) preliminarily approving a class action settlement of various wage and hour, and meal and rest period, claims, as well as related claims alleging violation of Business and Professions Code section 17200, et seq.; (2)...

Excerpt: ...documents the efforts undertook by plaintiff's counsel to discuss with the defendant the issues raised in this motion for judgment on the pleadings. CCP §439 requires that (a) before filing a motion for judgment on the pleadings pursuant to this chapter, the moving party shall meet and confer in person or by telephone with the party who filed the pleading that is subject to the motion for judgment on the pleadings for the purpose of determining ...

Excerpt: ...adillo shall answer the cross-complaint of cross- complaint no later than thirty days from the date of notice of this ruling. OPERATIVE FACTS From approximately February 2, 2010 until January 26, 2021, Jose de Jesus Martinez Delgadillo and Paula Gallegos lived together under an express oral relationship agreement that provides for the parties to treat any property that they acquired while living together as joint property. This non- marital agree...

Excerpt: ...Centex) filed a cross-complaint against various subcontractors, including cross-defendant Kennies. Kennies now moves this court for a determination that its settlement with Centex in the amount of $8,000 was made in good faith within the meaning of Code of Civil Procedure sections 877 and 877.6. Kennies filed its motion July 27, 2021, timely serving all parties on July 26, 2021. No opposition has been filed, and no nonsettling party has filed a n...

Excerpt: ...ano's (Lozano) five causes of action under the Song- Beverly Consumer Warranty Act (Song-Beverly Act), and a cause of action for fraud by omission, alleged against Ford Motor Company (Ford), arising from her purchase of a 2018 Ford Focus manufactured by Ford. Plaintiff alleges the vehicle contained or developed various defects impairing the use, value or safety of the vehicle, and that Ford has (1) failed to service or repair the vehicle to confo...

Excerpt: ...10 et seq.; Tentative Rulings: (1) To grant defendant Gerald Dyar's motion to consolidate cases. This present case VCU 286088shall be ordered to be consolidated with Case #VCU 286617 (Burrows v. Dyar) with all subsequent pleadings and papers filed in Case VCU 286088. (2) To grant plaintiff's motion to compel deposition of defendant Gerald Dyar. All counsel for these consolidated cases shall coordinate a date and time certain for defendant Dyar to...

Excerpt: ...iff Denise Gail West. Defendant settled a wrongful death claim for $300,000.00 against the parties whose conduct caused the death of her son Alejo West. At the time that this wrongful death action was settled, guardian ad litem Jessica Fetcho was pregnant with her daughter Denise Gail West. The decedent is the father of Denise Gail West. The thrust of plaintiff's complaint is that Terrie West failed to consider (or deliberately concealed) Denise'...

Excerpt: ... Court's file. Except for orders from the Court that appear in the Court's file for this case, the Court denies plaintiff's request for judicial notice as to the contents of other documents in the Court's file for this action as inadmissible hearsay. See Day v. Sharp (1975) 50 Cal.App.3d 904, 914; Fremont Indemnity Co. v. Fremont General Corp. (2007) 148 Cal.App.4 th 97, 113. This action arises out of a balance due on an automobile loan that plai...

Excerpt: ...be distributed to the LWDA consistent with the Settlement Agreement and the remaining 25% paid to the aggrieved employee to be determined by dividing the number of pay periods he or she worked during the PAGA period by the total aggregate number of pay periods and then multiplying this amount by the PAGA Aggrieved Employee payment. The court approves the gross settlement and the manner of distribution to the LWDA and the aggrieved employees. The ...

Excerpt: ...e felony criminal case both arise from the same event, a motor vehicle collision on July 2, 2020. In reviewing this motion, the court considers (1) the plaintiffs' private interest in proceeding expeditiously with this action, weighed against the potential prejudice of delay resulting from the requested stay; (2) the private interests of the defendant, and the burden which any particular aspect of the proceedings may impose on defendant; (3) the ...

Excerpt: ...d (Monarch), have each separately moved to compel arbitration of, and stay, this action. Both defendants contend their motions are based on an arbitration provision included in a retail installment sales contract (sales contract) signed by plaintiff Victoria Lozano. Defendants' respective points and authorities, which are nearly identical, word-for-word, cite extensively to an “Arbitration Agreement” they represent is contained in the sales c...

Excerpt: ...paid, laid out, and expended to or for defendant. Defendant answered February 26, 2021, generally denying the allegations set forth in the complaint. Defendant prepared his answer using optional Judicial Council form PLD-C-010, and while a box is checked indicating that defendant alleges affirmative defenses, none are listed anywhere in the answer. Plaintiff later served written requests for admission, to which defendant failed to respond. Plaint...

Excerpt: ... to the complaint on February 5, 2021. Defendant's counsel subsequently learned that defendant was acting in the course and scope of her employment with Aspen Dental at the time of the accident. Defendant now seeks leave to file a cross-complaint against Aspen for indemnity and apportionment of fault. A court may grant leave to file a cross-compliant at any time during the pendency of an action when the interests of justice will be served by this...

Excerpt: ...on file with the Court for this action and as to minute orders and other orders for this case that appear in the Court's file. Except for orders from the Court that appear in the Court's file for this case, the Court denies plaintiffs' request for judicial notice as to the contents of other documents in the Court's file for this action as inadmissible hearsay. See Day v. Sharp (1975) 50 Cal.App.3d 904, 914; Fremont Indemnity Co. v. Fremont Genera...

Excerpt: ...ice of this ruling is served; and (2) further orders defendant shall pay $590 to plaintiff's counsel as monetary sanctions under Code of Civil Procedure sections 2023.010 et seq. This is a personal injury case arising from an automobile accident on April 12, 2019. Plaintiff alleges that defendant Mohamed Yassennagi Mohamed crashed his vehicle into a parked vehicle, pushing it into plaintiff and causing him significant injury. Plaintiff further al...

Excerpt: ...bed in the complaint by reference to its address of 10712 S. Crawford Ave., Dinuba, CA, “lies miles removed from the City of Dinuba.” The complaint, however, sufficiently describes the premises with requisite reasonable certainty. Code Civ. Proc. §§ 1166, 455. Moreover, the description is clearly sufficient enough to enable defendant to know what property plaintiff demands he surrender. See Olcovich v. Deremberg (1915) 27 Cal.App.194, 196. ...

Excerpt: ...attorneys' fees, administrative expenses, and plaintiff's enhancement award of $7,500.00. The claims administrator mailed notice of the settlement to all class members. No notices were returned by the post office. No objections or requests to opt out were received by the administrator. As this is a PAGA action, the Class Members may not opt out of, or object to, the PAGA settlement. Plaintiff's moving papers are sufficient to establish the settle...

Excerpt: ...orporation, Kia Motors America, Inc., ZF Active Safety and Electronics US LLC and Visalia Motors dba Visalia Kia's Motion for Good Faith Settlement (2) To grant defendants Kia Motors Corporation, and Kia Motors America, Inc.'s motion to file records under seal Kia Motors Corporation, Kia Motors America, Inc., ZF Active Safety and Electronics US LLC and Visalia Motors dba Visalia Kia's Motion for Good Faith Settlement CCP § 877.6 affords the cour...

Excerpt: ...aintiff's first amended complaint are allegations that plaintiff is entitled to punitive damages under Civil Code ⸹3294(a). Defendant now moves the court to strike the punitive damages from the plaintiff's first amended complaint based on the application of CCP ⸹425.13 that precludes the pleading of a right to recover punitive damages absent a court order that permits the plaintiff to do so. STANDARD OF REVIEW Under CCP §436, the Court may s...

Excerpt: ...s shall be filed in that case. OPERATIVE FACTS Plaintiffs April Pianta and Lisa Brooks were in the same automobile when stopped by defendants Garret William Grisbach and Sabrina J. Maydon. Mr. Grisbach and Ms. Maydon were peace officers with the City of Visalia at the time that they stopped the plaintiffs. Plaintiffs contend that Officers Grisbach and Maydon conducted an unlawful search and seizure on the plaintiff, and, due to the officers' fail...

Excerpt: ..., the petition is procedurally deficient and the requested transfer is unreasonable and not in the best interests of payee Skyler Castillo. Here, payee seeks to transfer payments of $30,000.00 due to him on April 8, 2025 from a structured settlement created for a personal injury claim. The compensation for this transfer is $15,000.00 with a discount rate of 19.11% The petition indicates that payee is 27 years old, single, no dependents, and has n...

Excerpt: ...ng be submitted in advance of this hearing: (1) PAGA counsel to supplement their declarations to set forth the lodestar method utilized to warrant requested attorney fees and an itemization showing how requested costs were calculated; (2) a non-hearsay declaration from plaintiff itemizing the duties she performed and time invested in this matter to justify the requested enhancement payment; and (3) a non-hearsay declaration from the settlement ad...

Excerpt: ...n an unincorporated area of Tulare Defendant Ramon Ruiz was driving a tractor trailer heading on eastbound Avenue 184 onto southbound SR 65 when due to his failure to comply with a stop sign or yield to oncoming traffic, his tractor-trailer collided with Ms. Rice's Chevrolet. Shortly thereafter, defendant Aaron Oakley hit Ms. Rice's automobile, and also hit Ms. Ruiz and defendant Ramon Frias Ruiz, who were both standing outside their vehicles. Ms...

Excerpt: ... submit the entire motion and initial declarations a second time. 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.4 th 116, 129. This class is identified as: “All current and former non-exempt employees of Defendant Cream of the Crop Ag Service who performed work in California from May 30...

Excerpt: ... This case is an employment-based action that arises in part out of a “slip and fall” that plaintiff sustained on July 26, 2019 in the restroom of a Carl's Jr. in Los Banos. At the time of this fall, plaintiff was accompanied by defendant Kulwant Gadri. Plaintiff contends that at the time of this fall he was acting in the course and scope of his employment with Kulwant Gadri dba Gadri Farms. But because defendant did not have workers' compens...

Excerpt: ...ed and served within fifteen (15) days of this order. Plaintiff's claims in this case arise from his contract with defendant City of Dinuba to re-roof a building. During construction, the building became damaged following a rain event. The parties dispute whether faulty protective measures by plaintiff Eagle Fire, or failed maintenance by defendants City and Watts, caused the building to become damaged as a result of the rain. Based on the City's...

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: ...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: ...ant Alvin Prins' Objections to Plaintiff's Special Interrogatories, Set Two; (4) Motion to Compel Responses and Further Responses and to Strike Defendant Alvin Prins' Objections to Plaintiff's Form Interrogatories, Set Two; Tentative Rulings: All motions are granted in part and denied in part. Defendants Bernard Prins and Alvin Prins shall each provide full and complete verified responses to Form Interrogatories 16.1, 16.3, 16.4, 16.5 and 17.1 an...

Excerpt: ...r her through his or her mistake, inadvertence, surprise, or excusable neglect. Application for this relief shall be accompanied by a copy of the answer or other pleading proposed to be filed therein, otherwise the application shall not be granted, and shall be made within a reasonable time, in no case exceeding six months, after the judgment, dismissal, order, or proceeding was taken.” This is a common counts action for damages arising out of ...

Excerpt: ...efendant Mary Correa (“Mary”) has failed to perform obligations required of her under the agreement. Francisca seeks an order to enforce the settlement agreement under CCP 664.6. Francisca's prior two motions were denied by the court, without prejudice for an insufficient showing that Mary has refused to comply with the settlement terms. The settlement agreement relied on by Francisca provides that Mary will convey her interest in the subject...

Excerpt: ...roval shall be set for October 7, 2021; 8:30 am; Dept 1. The parties need not file for a second time the moving papers and declarations already on file with the court. Updated declarations shall be filed at least 10 court days prior to the next hearing date. Plaintiffs move for: (1) preliminary approval of their proposed class action settlement with defendant USA Waste of California, Inc; (2) provisional certification of a proposed settlement cla...

Excerpt: ... review of the contract attached to plaintiff's complaint appears to have imposed the following obligation on the defendant: (1) To Live Stream 2-3 times a week at 9:20 Eastern time for a few hours; (2) To post Watch lists 2-3 times a week; (3) To work on Education materials (videos, PDF, etc) and (4) Post monthly Challenges starting at $500.00 for 30 days (month) to be reset and started again for the next 30 days. This agreement also contains a ...

Excerpt: ...n, in which plaintiff Maria Ruiz was a passenger, and a vehicle driven by defendant Michael Wilgus. Plaintiff Ruiz commenced the action on July 24, 2020, with a complaint alleging damages, including punitive damages, against both defendants Wilgus and Feinstein. Defendant Feinstein subsequently filed a cross-complaint against defendant Wilgus involving claims related to indemnity, as well as his alleged injuries. Defendant Feinstein (as cross- co...

Excerpt: ...laintiff/Cross-Defendant's Responses to Special Interrogatories, Set two; Request for Order Awarding Monetary Sanctions Tentative Rulings: (1) Defendant/Cross-Complainant Samuel Hignojoz's (“Samuel”) demurrer to plaintiff/cross- defendant's Gilbert Hignojoz on behalf of conservator for the person and estate of Jessie Hignojoz (“Gilbert”) verified answer to cross-complaint of defendant/cross-complainant Samuel Hignojoz is sustained. Gilber...

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: ...inary approval shall be set for September 16, 2021; 8:30 am; Dept 1. The parties need not file for a second time the moving papers and declarations already on file with the court. Plaintiff moves for preliminary and conditional approval of a proposed class action settlement between plaintiff Rubio Chaidez, the proposed class action representative, and defendant United Ag Personnel Management, Inc. The proposed settlement would resolve various wag...

Excerpt: ...itional time. Defendants move the court to recover attorney fees that they incurred to retain counsel to successfully vacate a judgment that had been erroneously entered against them. Plaintiff correctly points out that the motion was not filed with the full time to respond contemplated by CCP §1005, however plaintiff did file a response and does not appear to be prejudiced by the shortened time. Should plaintiff want additional time to respond,...