Excerpt: ...To calendar an Order to Show Cause to be heard on August 2, 2018 at 8:30 a.m.in Department 2 of this court as to why defendant Sheena Velasquez's answer to plaintiff's complaint should not be stricken and a default judgment entered against this defendant, and why monetary sanctions under CCP §177.5 in the amount of $750.00 should not be imposed against defendant Velasquez based on defendant's disobedience of the Court's November 30, 2017 order. ...

Excerpt: ...Cal. App. 4th 116, 129. 1. Sufficiency of Amount of Settlement This class action relates to 5,245 employees of Defendants' Dairy and Cheese production facilities. Plaintiffs seek recovery for Defendants' failure to provide adequate meal breaks. The parties reached a settlement of Plaintiffs' claims at mediation. The gross amount to be paid by Defendants under the settlement is $3,200,000.00. If all of Plaintiffs' requested deductions were approve...

Excerpt: ...ing: To sustain Defendant's demurrer with leave to amend. Plaintiffs shall have twenty days to amend their complaint. OPERATIVE FACTS On July 14, 2006, plaintiffs Linden and Odessa Beckford (“The Beckfords”) obtained a loan in the amount of $85,000.00 to purchase the investment property at 19497 Road 234, Strathmore, California 93267 “as a rental unit.” The Beckfords executed a promissory note that was secured by a deed of trust recorded ...

Excerpt: ...as required by California Rule of Court 3.1112(a) Second, the declaration of Marti Gonzalez that accompanies the moving papers for this motion was not submitted “under penalty of perjury” as required under CCP §2015.5 so as to be admitted into evidence in support of a motion. Also, there has been no proof of service filed with Ms. Gonzalez's motion to document that the moving papers for this motion were served on defendant-cross complainant ...

Excerpt: ...Fernandez obtained an order from the court on February 6, 2018 relieving him as Mr. Fernandez's counsel in this action. Mr. Fernandez remains in pro per. The Ledger Law Firm appears to remain as counsel of record for the minor Plaintiffs and their guardian ad litem. Moving Defendant asserts he was served with the summons and complaint but is not the person named in the police report relating to the subject automobile accident. No response to the ...

Excerpt: ...r 2, 2017 attended by counsel for Plaintiffs and Defendants. At the CMC the court ordered the matter set for trial on October 29, 2018. In January 2018 all parties stipulated to advance the trial date to October 1, 2018. Plaintiffs' current motion was filed on May 23, 2018 asking to add a new cause of action for Medical/Hospital Malice and Oppression and to add a new claim for punitive damages. Defendants oppose the motion. As Plaintiffs point ou...

Excerpt: ...e Nursing and Rehabilitation Center's demurrer to the causes of action for elder abuse with twenty days' leave to amend. Based on this court's ruling as to defendant Tulare Nursing and Rehabilitation Center's demurrer to plaintiffs' first amended complaint, defendant Tulare Nursing and Rehabilitation Center's motion to strike portions of plaintiffs' first amended complaint is moot. OPERATIVE FACTS This is an action filed by Sylvester Grigsby, ind...

Excerpt: ...nterpretation by reading it as a whole and with all its parts in their context. (Stop Youth Addiction, Inc. v. Lucky Stores, Inc. (1998) 17 Cal.4th 553, 558; People ex rel. Lungren v. Superior Court (1996) 14 Cal.4th 294, 300.) However, the assumption of truth does not apply to contentions, deductions, or conclusions of law and fact. (Id. at pp. 300- 301; Moore v. Regents of University of California (1990) 51 Cal.3d 120, 125.) The court considers...

Excerpt: ...) demurrer for failure to show they owed her a duty of care for injuries she received from their tenant's dog. On demurrer to the first amended complaint the court determined “[u]nder California law, a landlord does not owe a duty of care to others for injuries incurred from a tenant's dog unless the landlord had actual knowledge of the presence of the dangerous animal. Constructive knowledge is insufficient. (Uccello v. Laudenslayer (1975) 44 ...

Excerpt: ... without prejudice. This wage and hour class action relates to 105 or 104 employees of defendants Joe Vander Poel and Ron Vander Poel. (Plaintiff needs to clarify the exact number of members; page 4 of attorney Karasik's declaration states the number is 104.) At mediation, the parties entered into a settlement agreement for a gross settlement amount of $150,000.00 to be paid in three installments over 12 months. Plaintiffs have provided their est...

Excerpt: ...iffs In Intervention Travelers Property Casualty Company of America, The Travelers Indemnity Company of Connecticut, St. Paul Mercury Insurance Company, St. Paul Surplus Lines Insurance Company, and Fidelity and Guaranty Insurance Underwriters, Inc.'s Motion to Bifurcate. Proof of service in the court's file indicates notice of the motion was adequate. Plaintiffs in Intervention have filed a notice of non-opposition by any party to the motion. No...

Excerpt: ...tion 435.5(a) requiring defendant to meet and confer with plaintiff prior to filing the motion to strike. Accordingly, the motion to strike is ordered off-calendar. The parties are directed to meet and confer for the purpose of determining whether an agreement can be reached that would resolve the objections to be raised in the motion to strike before re-scheduling the motion. If no one requests oral argument, under Code of Civil Procedure sectio...

Excerpt: ...vil Procedure section 473(d). Plaintiff requests the order because it “can no longer pursue collection of the debt against the Defendant.” Code of Civil Procedure section 473(d) authorizes the court to correct clerical mistakes in a judgment and, after notice, to set aside any void judgment. Here, there is no proof of notice to defendant. Moreover, the court has no authority to grant the motion under section 473(d) based on the reason stated....

Excerpt: ...ial District's Demurrer as to Plaintiff's Complaint is sustained without leave to amend All parties to this action were given timely and proper notice of this demurrer. There has been no response to this demurrer As to Exhibit “A,” defendant's request for judicial notice is granted only as to the date of filing of the plaintiff's complaint in this present action. Except for orders from the Court that appear in the Court's file for this case, ...

Excerpt: ...(c)) and must view the evidence and inferences "in the light most favorable to the opposing party." See Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843; Ragland v. U.S. Bank Nat'/ Assn. (2012) 209 Cal.App.4th 182, 199 "If a party moving for summary judgment . . . would prevail at trial without submission of any issue of material fact to a trier of fact for determination, then he should prevail on summary judgment." Ag...

Excerpt: ... all defendants except Castlewood Partners, Inc. without leave to amend as to plaintiff's first and second causes of action and directed the plaintiff to file an amended complaint within thirty days from the notice of this ruling. The notice of ruling was served by mail on April 24, 2018, and on May 2, 2018 plaintiff responded with the motion for reconsideration that is presently before this Court. AUTHORITY AND ANALYSIS The legislative intent be...

Excerpt: ...ttlement that was preliminarily approved on February 8, 2018, including the supporting declarations of Javier Larios, Norman Alcantara, Santos Gomez, and Gregory N. Karasik. From this review the Court makes the following findings; (1) The requirements for class certification under Code of Civil Procedure §382 are satisfied as to, and certifying for settlement purposes, a settlement class comprised of all persons who at any time between March 9, ...

Excerpt: ...inal approval of class action settlement that was preliminarily approved on March 15, 2018, including the supporting declarations of Manuel Soto, Maria Esmeralda Vizzusi, Santos Gomez, and Mai C. Vang. From this review the Court makes the following findings: 1. All the requirements for class certification under Code of Civil Procedure §382 are satisfied as to, and certifying for settlement purposes, a settlement class comprised of all persons wh...

Excerpt: ... for Order of Deposit. Plaintiff seeks to acquire through eminent domain a portion of Defendants' real property for use as a water tank site. Plaintiff has filed its Complaint in accordance with CCP 1250.010 et seq. Before the court is Plaintiff's application for a pre-judgment order of possession pursuant to CCP 1255.410. Defendants oppose the application asserting only that Plaintiff has not made the deposit required under CCP 1250.010. Attache...

Excerpt: ...ling of a proof of service that complies with the statutory standards (here CCP §417.10(a) when service is completed by personal service) creates a rebuttable presumption that service was proper. See Floveyor Int'l. Ltd v. Superior Court (Shick Tube‐Veyor Corp.) (1997) 56 Cal.App.4th 789, 795. Under CCP 417.10(a), where service is completed by personal delivery, the process server's declaration must show the time and place where the summons wa...

Excerpt: ... July 14, 2009, and has not undertaken any action to resolve her case by way of trial or settlement. An action must be brought to trial within five years after it is commenced against the defendant. If not, dismissal is mandatory on the motion of any party, or on the court's own motion. See CCP §§583.310 and 583.360 This five year statute establishes a “bright line” beyond which plaintiff's delay would not be tolerated. See General Motors C...

Excerpt: ...ons to evidence deemed material to the motion. (CCP 437c(q).) The court's rulings are in the file on the form of order lodged by Defendant. A summary judgment motion raises only questions of law regarding the construction and effect of supporting and opposing papers. (Tsemetzin v. Coast Federal Savings & Loan Assn. (1997) 57 Cal.App.4th 1334, 1342.) Summary judgment is granted when no triable issue exists as to any material fact and the moving pa...