Excerpt: ...discovery requests. The Plaintiff and Defense Counsel are ordered to appear to address the Court's Order to Show Cause. At this August 1 hearing, the court directed plaintiff Elyssa Seth to personally appear before the Court on August 22, 2019 at 8:30 a.m. in Department 2 of this court to show cause why (1) this action should not be dismissed and sanctions of $1,000.00 imposed against plaintiff under CCP §2023.010(g), §2023.030(d)(3) §2030.290...

Excerpt: ...d to do so. OPERATIVE FACTS The City of Woodlake (“The City”) moves this court for a nuisance abatement warrant as to property located at 472 Olive, Woodlake, California 93286. The City seeks this abatement warrant to enter and inspect this property and demolish any structures that currently exist on this property, and by so doing abate the nuisances found there. On October 6, 2016, and multiple times thereafter, the Code Enforcement division...

Excerpt: ...iff provide to the court information regarding distributions to non-parties sufficient to enable the court to satisfy its reporting requirements under CCP 384.5. On October 22, 2018, after several continued hearings, the court entered its order for preliminary approval of a class action settlement reached between the parties. Shortly after approval, Defendant asserts it suffered financial reversals which resulted in placement of 8 of its 9 operat...

Excerpt: ...sel. This is a “lemon law” automobile action under the California Legal Remedies Act (Civil Code §1750 et seq.) and the Song-Beverly Consumer Warranty Act (Civil Code §1790 et seq.) On July 13, 2018 the parties resolved this case with a settlement agreement dictated “on the record.” Included in the terms of this settlement agreement was a provision that attorney fees and costs would be determined by the court in response to a motion tha...

Excerpt: ...discovery requests. The Plaintiff and Defense Counsel are ordered to appear to address the Court's Order to Show Cause. At this August 1 hearing, the court directed plaintiff Elyssa Seth to personally appear before the Court on August 22, 2019 at 8:30 a.m. in Department 2 of this court to show cause why (1) this action should not be dismissed and sanctions of $1,000.00 imposed against plaintiff under CCP §2023.010(g), §2023.030(d)(3) §2030.290...

Excerpt: ...ion for Summary Judgment or in the Alternative, Summary Adjudication, and Motion to Strike Thereto are sustained. Defendants' Evidentiary Objections as to all other Items to which an objection has been raised in Defendants' Evidentiary Objections to Plaintiff's Evidence in Support of Opposition to Motion for Summary Judgment or in the Alternative, Summary Adjudication, and Motion to Strike Thereto are overruled. OPERATIVE FACTS This case involves...

Excerpt: ...rmation 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 ($547,500.00) The gross settlement amount is $$547,500.00 which was agreed to by the parties at mediation. Plaintiff estimates the total number of class members is 2,153. Plaintiff's investigation of Defenda...

Excerpt: ...d Order for Monetary Sanctions; Tentative Rulings: (1) To grant plaintiff Central Valley AG Exports, Inc. motion to compel initial responses to special interrogatories, set one, from defendant York Canadian Grain Trading, Inc. This defendant shall provide full and complete verified responses to these interrogatories without objection within thirty days from the service of the notice of this ruling. (2) To grant plaintiff Central Valley AG Exports...

Excerpt: ... demurrer. Plaintiff Isabel Valdez filed two documents on June 20, 2019 either or both of which could be her operative pleading. It is unclear what Ms. Valdez intends. Other persons are named as Plaintiffs in both documents and none have signed either pleading as a party plaintiff. The body of both pleading documents outline a number of criminal statutes and appear to demand that defendants be charged with criminal wrongdoing. Such relief is unav...

Excerpt: ...licable statute of limitations. Defendant further asserts Plaintiff's claims are barred for failure to comply with tort claim presentation requirements. On its face, Plaintiff's pleading asserts she was subject to sexual abuse while in high school from 1999 through 2003. Plaintiff asserts the last abuse occurred in 2003. Plaintiff further asserts the perpetrator used threats to intimidate Plaintiff from reporting the abuse. The First Amended Comp...

Excerpt: ... of this action is a family dispute as to who inherits title to a 1930 Ford Model A and a 1951 Ford Coupe automobiles. Plaintiff's father Paul Hamilton King. Jr. held sole and exclusive title to these antique cars when he died intestate in May of 2017. Plaintiff contends that it was his father's intent that plaintiff succeed to sole and exclusive title to these Fords at the time of his death. But where Mr. King Jr. died without a will, there is n...

Excerpt: ...hat all parties affected by this motion were given timely and proper notice. The Court has not received any response to this motion. This motion arises out of an accident where Intervenor Ace American Insurance Company paid workers' compensation benefits to plaintiff Reza Kamaleddin who was employed by Ace's insured C.R. England, Inc. By virtue of its payment of workers' compensation benefits to C.R. England's employee, Ace is subrogated to all o...

Excerpt: ...pos crashed his 2002 Ford Mustang into a fence on plaintiff Megan Howard's property, causing damage to this fence, concrete pillars, a custom gate, and trees on her property The allegations identified in Ms. Howard's Second Amended Complaint (SAC) state that this accident was preceded by an altercation between Mr. Campos and his girlfriend, that Mr. Campos was driving at an excessive speed through a residential area. Mr. Campos fled from the acci...

Excerpt: .... in Department 2 of this court to show cause why (1) this action should not be dismissed under CCP §2023.010(g), §2023.030(d)(3) and §2031.300(c) based on his failure to fully comply with the Court's May 16, 2019 order, and (2) why sanctions payable to the Court under CCP §177.5 in the amount of $1,500.00 should not be imposed against Plaintiff Clayton Biewer and his counsel based on plaintiff's disobedience of the Court's May 16, 2019 order...

Excerpt: ....290(c), §2031.300(c) and §2033.290(c) based on her failure to fully comply with the Court's April 19, 2019 and May 23, 2019 orders, and (2) why sanctions payable to the Court under CCP §177.5 in the amount of $1,500.00 should not be imposed against Plaintiff Elyssa Seth based on plaintiff's disobedience of the Court's April 19, 2019 and May 23, 2019 orders. No CourtCall shall be permitted for this Order to Show Cause appearance. All parties w...

Excerpt: ...ris are sustained as to the “Kemp” debt and overruled in all other respects. Plaintiffs' objections to the declaration of Laura Kemp are sustained as to objection number 9 and overruled in all other respects. Summary judgment is granted when no triable issue exists as to any material fact and the moving party is entitled to judgment as a matter of law. (Code Civ. Proc., § 437c, subd. (c).) "[T]he party moving for summary judgment bears a...

Excerpt: ...t to modify the subpoena to include records from August 14, 2012 to present is granted; and (2) to Deny Plaintiff Ellie Wilson's Motion to Quash Ortega Defendants' Subpoena conditioned on the issuance of a protective order limiting disclosure of any records produced. (1) Defendant Porterville Unified School District issued a subpoena to Frony Ritter, MFT a health care professional for adult Plaintiff Emily Wilson. Plaintiffs move to modify the su...

Excerpt: ...nt to this order shall be made in the lead case. To further order that any trial in the consolidated action shall be bifurcated. The issue of alter ego liability of Metrocom, Inc. for obligations of Metrocom MDB, Inc., including whether Metrocom, Inc. was Plaintiff's employer, and whether Metrocom MDB, Inc. was the agent of Metrocom, Inc. are to be tried first. All evidence and argument on these issues will be presented and a decision reached bef...

Excerpt: ...blishes that the defendant Robert Rodriguez has failed to cooperate with their counsel in prosecution of his defense to this action. Specifically, Mr. Zavala states that he has been unable to effectively communicate with his client. and that there is a large unpaid balance for attorney fees due from Mr. Rodriguez to Mr. Zavala. However, California Rules of Professional Conduct, Rule 3-700 provides that an attorney “shall not withdraw from emplo...

Excerpt: ...the request. A demurrer tests whether a pleading states a cause of action or defense, and in the words of the California Supreme Court in Moore v. Regents of the Univ. of Cal. (1990) 51 Cal.3d 120, 125: “Accordingly, we assume that complaint's properly pleaded material allegations are true and give the complaint a reasonable interpretation by reading it as a whole and all of its parts in their context . . . we do not, however, assume the truth ...

Excerpt: ...detailed a number of deficiencies which must be addressed before the petition could be granted. Plaintiff requested the hearing be continued and has filed a supplement in support of the petition. 1. Sufficiency of Amount of Settlement ($197,500.00) Further information is required. Plaintiff has provided additional information concerning the risks of further litigation including Defendant's potential defenses. However, Plaintiff has provided no in...

Excerpt: ...t of a motion must consist of the following: (c) A memorandum in support of the motion or demurrer” California Rule of Court 3.1113(a) further mandates that “A party filing a motion, except for a motion listed in rule 3.1114, must serve and file a supporting memorandum. The court may construe the absence of a memorandum as an admission that the motion or special demurrer is not meritorious and cause for its denial and, in the case of a demurr...

Excerpt: ...uled. OPERATIVE FACTS On July 23, 2017, plaintiff Shirley Reed was walking with her grandchildren to look at a house that she might want to rent. This house was owned by defendant Blain and is located at 615 “Q” Street in Tulare, California. Mrs. Reed is legally blind. When walking on the sidewalk in front of defendant Blain's property, Mrs. Reed alleges she encountered a defect in this sidewalk that was created by a root of a tree that went ...

Excerpt: ...Frank Macaluso, Jr. is a radiologist who interpreted imaging studies (i.e. CT Scans, Ultrasounds, etc.) taken of plaintiff Mary Duarte before and after she underwent a laparoscopic gallbladder surgery on April 16, 2016. Ms. Duarte contends that she suffered physical pain and injury because Dr. Macaluso failed to discover defects in Ms. Duarte's cystic and hepatic ducts. On May 11, 2015, Dr. Macaluso evaluated an abdominal ultrasound taken of Ms. ...

Excerpt: ...g. This $960.00 includes the $480.00 that this court imposed as a sanction in its April 9, 2019 order. This is a personal injury case that arises out of a motor vehicle accident. On April 9, 2019, this Court ordered plaintiff Elyse Rodriguez to provide full and complete verified responses without objection to defendant's first sets of form and special interrogatories and first inspection demand within 30 days from the notice date of that ruling. ...