Related Content
in San Joaquin County
Ruling
Ariele Fowler et al. vs Convair Group, LLC
Jul 12, 2024 |
STK-CV-UPI-2021-0001000
The court having read and considered Plaintiffs' Motion to Strike Defendant Convair Group, LLC's Answer rules as follows. Plaintiff seeks an order striking Defendant's Answer filed April 20, 2021 asserting that Defendant is an entity which cannotlawfully represent itself citing case law governing corporations. However, Defendant's Answer was filed by attorneys for Defendant and no owners, officers nor directors or any individual has attempted to make an appearance for Defendant LLC. The court finds no grounds to strike Defendant's Answer. Plaintiffs' Motion is DENIED. Hon. George J. Abdallah, Jr. Judge of the Superior Court
Ruling
Antionette White, as successor in interest to Rashaun Wright vs Frank Ray Bailey et al.
Jul 12, 2024 |
STK-CV-UPI-2022-0000650
Tentative rulings for Law and Motion will be posted electronically by 1:30 p.m. the day before the hearing. Any party wishing to contest or argue the tentative ruling must email the court at civilcourtclerks@sjcourts.org. that they intend to appear in person or remotely no later than 4:00 PM on the day before the scheduled hearing. The Department and Case Number must be in the header of the email. The email must include the Department, Case number, Case Name, Motion, party’s name and email, date and time of the hearing, issues they plan to argue, and that they have informed the opposing party. The party must also notify affected counsel, or unrepresented parties, that they intend to appear, no later than 4:00 PM on the day before the scheduled hearing. Unless the Court and opposing counsel have been notified, the tentative ruling shall become the ruling of the Court without oral argument. To attend the hearing remotely in Dept. 10-D: Call into (209) 992-5590, then follow the prompts and use the Bridge # and Pin # as follows Bridge # 6940 Pin # 3782 TENTATIVE RULING - On its own motion, the Court continues Plaintiff's Motion to be Relieved as Counsel to August 8,2024 at 9:00 A.M. in Dept. 10D for proper Proof of Service to be filed prior to the hearing date. The only Proof of Service on file so far is one without the date of hearing- that is a defective and deficient Proof of Service, since the Court does not know if Plaintiff was even aware of the hearing date. Pursuant to CRC Rule 3.1110(b): CRC Rule 3.1110. General format (b) Date of hearing and other information The first page of each paper must specify immediately below the number of the case: (1) The date, time, and location, if ascertainable, of any scheduled hearing and the name of the hearing judge (2) The nature or title of any attached document other than an exhibit; (3) The date of filing of the action; and (4) The trial date, if set. In order to correct this, a Notice of Hearing or an Amended Notice of Motion must be filed and served showing the new hearing date, time, and location of hearing. No oral argument will be allowed as to this continuance. Barbara A. Kronlund
Ruling
Jane Doe vs Doe 1 - School et al.
Jul 09, 2024 |
STK-CV-UNPI-2022-0010913
TENTATIVE RULING NOTICE Tentative rulings for Law and Motion will be posted electronically by 1:30 p.m. the day before the hearing. Any party wishing to contest or argue the tentative ruling must email the court at civilcourtclerks@sjcourts.org. that they intend to appear remotely no later than 4:00 PM on the day before the scheduled hearing. The Department and Case Number must be in the header of the email. The email must include the Department, Case number, Case Name, Motion, party’s name and email, date and time of the hearing, issues they plan to argue, and that they have informed the opposing party. The party must also notify affected counsel, or unrepresented parties, that they intend to appear, no later than 4:00 PM on the day before the scheduled hearing. Unless the Court and opposing counsel have been notified, the tentative ruling shall become the ruling of the Court without oral argument. To attend the remote hearing with Judge Kronlund in Dept. 10-D: Call into (209) 992-5590, then follow the prompts and use the Bridge # and Pin # as follows: Bridge # 6940 Pin # 3782 Court is issuing one tentative ruling for both motions on calendar this date Tentative Rulings Defendant TUSD's motion to stay action is Denied, without prejudice. A court ordinarily has inherent power, in its discretion, to stay proceedings when such a stay will accommodate the ends of justice. (OTO, L.L.C. v. Kho (2019) 8 Cal.5th 111, 141.) The power to stay proceedings is incidental to the power inherent in every court to control the disposition of the cause on its docket with the economy of time and effort for itself, for counsel and for litigants. (Ibid.) Trial courts generally have inherent power to stay proceedings in the interest of justice and to promote judicial efficiency. (Freiberg v. City of Mission Viejo (1995) 33 Cal.App.4th 1484, 1489; see also Cottle v. Superior Court (1992) 3 Cal.App.4th 1367, 1376-79; Code Civ. Proc. §§ 128(a)(3) ["Every court shall have the power to do all of the following: To provide for the orderly conduct of proceedings before it, or its officers."] and (a)(5) ["Every court shall have the power to do all of the following: To control in furtherance of justice, the conduct of its ministerial officers, and of all other persons in any manner connected with a judicial proceeding before it, in every matter pertaining thereto."]. Both parties acknowledge this Court’s discretion in considering this Motion. However, the parties differ about the applicable standards that should govern this discretion. This case was filed in November of 2022, and we have only had one CMC so far, and Defendant TUSD is only now filing an answer. The Court has until November of 2027 to get this case to trial. Defendant TUSD's 2 requests for judicial notice (RFJN) are denied, except as to the fact of a Writ Petition being filed with the 6th DCA on another similar case from Monterey regarding the constitutionality of AB 218, and the filing in the 1st DCA of an appeal on the same issue in yet another case. None of the rest of the documents included in the RFJNs are relevant to this motion. Defendants object to Plaintiff's Counsel's declaration which essentially seeks judicial notice of numerous other cases' orders and filings; these are not relevant and have no precedential value in this case. Likewise, these authorities are not properly subject to judicial notice. The Court can not say that a stay in this action, of unknown duration, would serve the interests of justice or judicial efficiency or economy under all of the circumstances. Defendant City's motion for joinder is Granted. Barbara A. Kronlund
Ruling
Tanyeka Shamar Morrison vs Rafael Lomeli
Jul 08, 2024 |
STK-CV-UAT-2023-0000776
TENTATIVE RULING NOTICE Tentative rulings for Law and Motion will be posted electronically by 1:30 p.m. the day before the hearing. Any party wishing to contest or argue the tentative ruling must email the court at civilcourtclerks@sjcourts.org. that they intend to appear remotely no later than 4:00 PM on the day before the scheduled hearing. The Department and Case Number must be in the header of the email. The email must include the Department, Case number, Case Name, Motion, party’s name and email, date and time of the hearing, issues they plan to argue, and that they have informed the opposing party. The party must also notify affected counsel, or unrepresented parties, that they intend to appear, no later than 4:00 PM on the day before the scheduled hearing. Unless the Court and opposing counsel have been notified, the tentative ruling shall become the ruling of the Court without oral argument. To attend the remote hearing with Judge Kronlund in Dept. 10-D: Call into (209) 992-5590, then follow the prompts and use the Bridge # and Pin # as follows: Bridge # 6940 Pin # 3782 Tentative Ruling Defendant's motion for order directing PMK of medical billing, Dee Wredberg at Precision Surgery Center, to appear for a further deposition and to produce documents and request for monetary sanctions is Denied. CRC Rules 3.1345 (a) (3), (4); 3.1345 (c) (1), (2). Nonparty PSC mentions an opposition by nonparty Global Financial, but the Court's case management system has no such filing listed in the Register of Actions. It appears the Defense is on a speculative fishing expedition, which the law does not support. Uspenskaya v. Meline (2015) 241 CA4th 996, 1000, citing Katiuzhinsky v. Perry (2007) 152 CA4th 1288, 1298, is instructive: "The problem in cases involving MedFin, or similar companies purchasing accounts receivable (sometimes referred to as factors), is that MedFin's purchase price represents a reasonable approximation of the collectability of the debt rather than a reasonable approximation of the value of the plaintiff's medical services. In other words, the health care providers evaluate the risk of collectability and make a decision to settle for some amount that may or may not reflect the actual value for those services. As this court noted in Katiuzhinsky, ''when the provider decides to sell its bill to MedFin and write off the balance, each party receives something of value: The provider obtains immediate payment and transfers the expense of collection and the risk of nonpayment onto someone else; MedFin, in turn, acquires the medical bill as well as the lien securing it, and will make a profit if it is successful in its collection efforts. [¶] The fact that a hospital or doctor, for administrative or economic convenience, decides to sell a debt to a third party at a discount does not reduce the value of the services provided in the first place.'' (Katiuzhinsky, supra, 152 Cal.App.4th at p. 1298, 62 Cal.Rptr.3d 309.)" In light of the above case law, the Court fails to see the relevance of the inquiry into the last 6 years of 3rd party business arrangements to purchase medical liens to the present action. The reasonable value of PSC's medical services is what is at issue, but the discovery sought doesn't address the reasonable value of PSC's medical services. The discovery at issue also clearly implicates 3rd parties and their private information, as well as proprietary information of the 3rd parties' contracts. The discovery at issue reflects Global and PSC's business decisions concerning the collectability of certain accounts, which have no probative value as to the reasonable value of PSC's medical services to this Plaintiff. Procedurally, the instant motion is defective due to failure to submit a proper Separate Statement, as required under the California Rules of Court. CCR Rules 3.1345(a)(3), (4); and 3.1345 (c) (1), (2). A separate statement is required for a motion to compel further responses to deposition questions and to compel further responses to production requests. There is no basis to sanction nonparty PSC on this record. There was no waiver by PSC of objections, which were properly raised at the deposition. CCP Section 2025.460(a), (b). Nonparty Counsel Margaret Ziemianek suggested during the brief meet and confer which preceded this motion, that Defense convene a meeting to also include nonparty Global's Counsel, even providing their contact information. It doesn't appear from the papers submitted that was done, but it seems like a good opportunity for the Defense to negotiate a compromise resolution. Barbara A. Kronlund
Ruling
Xochitl Paderes vs Motecuzoma "Motec" Sanchez et al.
Jul 12, 2024 |
STK-CV-UD-2024-0003362
Tentative rulings for Law and Motion will be posted electronically by 1:30 p.m. the day before the hearing. Any party wishing to contest or argue the tentative ruling must email the court at civilcourtclerks@sjcourts.org. that they intend to appear in person or remotely no later than 4:00 PM on the day before the scheduled hearing. The Department and Case Number must be in the header of the email. The email must include the Department, Case number, Case Name, Motion, party’s name and email, date and time of the hearing, issues they plan to argue, and that they have informed the opposing party. The party must also notify affected counsel, or unrepresented parties, that they intend to appear, no later than 4:00 PM on the day before the scheduled hearing. Unless the Court and opposing counsel have been notified, the tentative ruling shall become the ruling of the Court without oral argument. To attend the hearing remotely in Dept. 10-D: Call into (209) 992-5590, then follow the prompts and use the Bridge # and Pin # as follows Bridge # 6940 Pin # 3782 TENTATIVE RULING - On its own motion, the Court continues the Demurrer to October 10, 2024 at 9:00 A.M. in Department 10D. The Court will post a Tentative Ruling pursuant to the Court's Tentative Ruling procedure as set forth in the Local Rules. No oral argument will be allowed as to this continuance. Barbara A. Kronlund
Ruling
Gloria Cortes vs San Joaquin Regional Transit District
Aug 29, 2023 |
STK-CV-UAT-2022-0011649
2022-11649 Cortes Demurrer to FAC 8/30/2023 Defendant brings a Demurrer to Plaintiff’s First Amended Complaint. Having read the moving papers, the opposition papers, and the reply papers, the court issues the following tentative ruling: DEMURRER STANDARD. “A demurrer tests the sufficiency of the ... complaint, i.e., whether it states facts sufficient to constitute a cause of action upon which relief may be based.” (McKell v. Washington Mut., Inc. (2006) 142 Cal.App.4th 1457, 1469; citations omitted.) In reviewing the sufficiency of a complaint against a general demurrer, [courts] are guided by long-settled rules. “We treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law. We also consider matters which may be judicially noticed.” Further, we give the complaint a reasonable interpretation, reading it as a whole and its parts in their context. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318; citations omitted.) “The court should not sustain the demurrer without leave to amend if the complaint, liberally construed, can state a cause of action under any theory or if there is a reasonable possibility the defect can be cured by amendment.” (McKell, supra, 142 Cal.App.4th at 1469; citations omitted. The First Amended Complaint alleges one cause of action against Defendant San Joaquin Regional Transit District for general negligence. San Joaquin Regional Transit is a public entity. Plaintiff acknowledges this via their allegations that they complied with the Government Tort Claims Act. A plaintiff’s failure to “identify an independent statutory basis for imposition of liability” against a public entity is grounds for demurrer. (Eastburn v. Regional Fire Protection Authority (2003) 31 Cal.App.4th 1175, 1185.) Plaintiff’s First Amended Complaint does not contain a refence to a statutory basis for the imposition of liability against Defendant. The demurrer is sustained with leave to amend on this ground. The demurrer as to the complaint lacking specificity is overruled as the court finds the First Amended Complaint is adequate in this regard. Defendant to prepare order for Court signature. ________________________________ 2022-11649 Cortes Motion to Strike 8/30/2023 Defendant brings a Motion to Strike portions of Plaintiff’s First Amended Complaint. Having read the moving papers, the opposition papers, and reply papers, the court issues the following tentative ruling: As with demurrers, the grounds for a motion to strike must appear on the face of the pleadings or from matters which may be judicially noticed. (Code Civ. Proc., § 435.) Motions to strike can be used like a scalpel to remove any “irrelevant, false, or improper” matters from the pleading. (Code Civ. Proc., § 436(a).) In this case, Defendant moves to strike portions of the Plaintiff’s First Amended Complaint: (1) Page 1, Paragraph 1, Lines 21-23, where plaintiff alleges she complied with the Government Tort Claims act by presenting a claim with Defending on November 22, 2022; and (2) Page 1, Paragraph 1, lines 27-28, where plaintiff alleges venue is proper based on Cal. Govt. Code §990.6. The court must accept allegations in the complaint as true. Defendant argues their records do not show that Plaintiff submitted a Government Tort Claim with then on November 7, 2022. To reach such a finding the court would have to reach beyond the operative pleading and even with the judicial notice of the entities files not reflecting a government claim having been filed, said judicial notice of the lack of documentation does not allow the court at this time to find the allegation regarding the filing of the government claim false. The motion to strike this allegation from the complaint is denied. However, the court does acknowledge defendant’s argument and also acknowledges that this argument will likely be raised in a procedural posture where the court may look beyond the operative pleading. The court notes that the complaint was filed by a member of the State Bar who is an officer of the court. The signature on the complaint by the attorney of record, is a certification "that to the best of the person's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, all of the following. . . . (2) The claims, defenses, and other legal contentions therein are warranted by existing law or by a nonfrivolous argument for the extension, modification, or reversal of existing law or the establishment of new law, (3) The allegations and other factual contentions have evidentiary support or, if specifically so identified, are likely to have evidentiary support after a reasonable opportunity for further investigation or discovery. . ." (CCP §128.7(b)(2)/(3).) The plaintiff does not object to the motion to strike page 1, paragraph 1, lines 27-28, where plaintiff alleges venue is proper based on Cal. Govt. Code §990.6. There for the court grants the motion to strike this portion of the First Amended Complaint. Defendant to prepare order for Court signature. WATERS 8/29/2023 Directions for Contesting or Arguing the Tentative Ruling: Tentative rulings for Law and Motion will be posted electronically by 1:30 p.m. the day before the hearing. Any party wishing to contest or argue the tentative ruling must email the court at civilcourtclerks@sjcourts.org. that they intend to appear remotely no later than 4:00 PM on the day before the scheduled hearing. The Department, Case number, Case Name, and party’s name must be in the header of the email. The email must include the Department, Case number, Case Name, Motion, party’s name and email, date and time of the hearing, issues they plan to argue, and that they have informed the opposing party. The party must also notify affected counsel, or unrepresented parties, that they intend to appear, no later than 4:00 PM on the day before the scheduled hearing. Unless the Court and opposing counsel have been notified, the tentative ruling shall become the ruling of the Court without oral argument. To conduct a remote appearance, follow the instructions below. There is a dedicated conference bridge lines for Dept. 11B. Call into dedicated conference bridge line at the time set for the hearing. To attend the remote hearing in Dept. 11B: Call into, then follow the prompts and use the Bridge # 6941 and Pin # 5564. The courtroom clerk will make announcements and the Judge will call the calendar. Please mute your phones when you are not speaking, and remember to unmute your phone when you are speaking. At this time, we are not able to provide information over the phone. To communicate with the Courtroom Clerk of Dept. 11B, please email questions to civilcourtclerks@sjcourts.org, indicating in the title of the email the Department, Case number, Case Name, and party’s name. A Courtroom Clerk will return your email. To ensure the Court has your most recent contact information, if you have not already done so, please register your email address and mobile number on the Court’s website under Online Services, Attorney Registration. (You do not have to be an attorney to register.) We thank you for your cooperation, assistance, patience and flexibility.
Ruling
Rose Jimenez et al. vs Hayden Turk et al.
Jul 08, 2024 |
STK-CV-UBT-2023-0010621
The Demurrer and Motion to Consolidate set for July 11, 2024 is continued to September 5, 2024, on the Court's own motion. Hon. George J. Abdallah, Jr., Judge of the Superior Court
Ruling
Darleen Patrick vs Frank James Palmer
Jan 19, 2023 |
STK-CV-UPI-2021-0000198
Parties to appear in person or remotely. Department 10C is open for in person appearances. Should counsel/parties prefer to appear remotely, follow the instructions below. There is a dedicated conference bridge lines for Dept 10C. Call into dedicated conference bridge line at the time set for the hearing. To attend the remote hearing in Dept 10C: Call into (209) 992-5590, then follow the prompts and use the Bridge # 6937 and Pin # 6822.