Kings County
152,940
1,390
Hanford
1893
District 1 – Joe Neves
District 2 – Richard Valle
District 3 – Doug Verboon
District 4 – Craig Pedersen
District 5 – Richard Fagundes
General Law
1400 W. Lacey Blvd. Hanford, CA 93230
Kings River; original Spanish name Rio de los Santos Reyes ("River of the Holy Kings").
There Are No Tentative Rulings for Wednesday, May 1,2 019 Defendant’s motion to bifurcate trial on the issues of liability and damages was not opposed by plaintiffs. The motion is granted....
Apr 29, 2019
Kings County, CA
Defendant’s motion to bifurcate trial on the issues of liability and damages was not opposed by plaintiffs. The motion is granted....
Apr 29, 2019
Kings County, CA
Defendant’s motion to stay, vacate or continue the hearing on the writ of mandate is denied. The writ of mandate is filed in accordance with Government Code sections 970.2 and 970.3. The writ of mandate is a special proceeding to allow the collection of a judgment against a public entity. It is set for hearing on 5/28/19. The 2018 Fresno lawsuit ...
Apr 25, 2019
Kings County, CA
The court takes judicial notice of the 2016 Outcome evaluation report which sets forth the total number of inmates released from CDCR for each fiscal year 2002-03 through 2013-14. Based on this report, defendants contend the release date of all state prisoners is accurate 99% of the time. (Motion to Strike page 6-7.) The 2016 report sets forth the ...
Apr 25, 2019
Kings County, CA
Defendant’s motion to stay, vacate or continue the hearing on the writ of mandate is denied. The writ of mandate is filed in accordance with Government Code sections 970.2 and 970.3. The writ of mandate is a special proceeding to allow the collection of a judgment against a public entity. It is set for hearing on 5/28/19. The 2018 Fresno lawsuit ...
Apr 25, 2019
Kings County, CA
Torem’s demurrer to the 5th and 6th causes of action set forth in the first amended complaint in intervention is overruled. Once a party has been granted permission to intervene in an action, that party becomes an independent party to the action and may take actions as any other party would. (Deutschmann v Sears, Roebuck & Co (1982) 132 Cal App.3d ...
Apr 03, 2019
Kings County, CA
Hathaway v California Department of Forestry and Fire Protection Case No. 18C 0227 Plaintiff’s application for a preliminary injunction is granted. Defendant is ordered to remove the “Intent to Terminate with Cause upon return to employment” from plaintiff’s personnel file. Defendants are also ordered not to repeat orally or in writing the alle...
Apr 03, 2019
Kings County, CA
Ocampo v U.S. Farm Systems 17C0253 Motion to sever or bifurcate consolidated cases Zenith’s motion to sever, bifurcate or rescind Zenith’s stipulation to consolidate its action against US Farm with Ocampo’s lawsuit against US Farm is denied. Labor Code §3853 required that these cases against the third party tortfeasor be consolidated. After con...
Apr 02, 2019
Kings County, CA
There are no tentative rulings for Monday. March 25, 2019 Plaintiff’s motion for summary adjudication of the affirmative defense of third-party liability is denied. The motion was based on defendant’s discovery responses from 2017 and February of 2018, which only addressed the comparative negligence of deceased driver Felipe Maravilla. Plaintiff ...
Mar 20, 2019
Kings County, CA
Plaintiff’s motion for summary adjudication of the affirmative defense of third-party liability is denied. The motion was based on defendant’s discovery responses from 2017 and February of 2018, which only addressed the comparative negligence of deceased driver Felipe Maravilla. Plaintiff contends this was adequate to shift the burden of proof to d...
Mar 20, 2019
Kings County, CA
There are no tentative rulings for Friday, March 15, 2019 The motion for preliminary approval of the settlement of the class action wage and hour lawsuit and provisional class certification is granted....
Mar 13, 2019
Kings County, CA
The motion for preliminary approval of the settlement of the class action wage and hour lawsuit and provisional class certification is granted....
Mar 13, 2019
Kings County, CA
No opposition has been filed. Proper notice of motion was given. The motions for good faith settlement filed by Visalia Tile and Central Air Conditioning Inc. are granted. All claims of equitable comparative contribution and comparative indemnification are precluded by this finding. A statement filed by Travelers in response to the Central Air Cond...
Mar 06, 2019
Kings County, CA
The demurrer to the causes of action for implied equitable indemnification, contribution and property damage in the first amended cross-complaint is overruled. The court takes judicial notice of its files and finds that cross/complainants have filed a probate petition for letters of special administration for the purpose of suing the estate of Duen...
Feb 25, 2019
Kings County, CA
No opposition has been filed. Fifteen days notice was given. The petition to confirm the arbitration award is granted....
Feb 14, 2019
Kings County, CA
Defendants’ motion to compel plaintiff’s further responses to form interrogatories and special interrogatories (4 sets) and for payment of sanctions It does not appear that a further response to Form Interrogatory 2.13 has been provided. Plaintiff’s position was that this interrogatory was not answered by mistake and a further response would be...
Feb 11, 2019
Kings County, CA
Demurrer Defendant’s demurrer to the third cause of action brought by decedent’s husband for fraudulent concealment is sustained. The SAC does not allege that decedent patient was incompetent, comatose or otherwise unable to make her own health care decisions. Plaintiff husband alleged that he had a right to be informed of the facts underlying th...
Feb 06, 2019
Kings County, CA
Defendants’ motion to compel plaintiff’s further responses to form interrogatories and special interrogatories (4 sets) and for payment of sanctions It does not appear that a further response to Form Interrogatory 2.13 has been provided. Plaintiff’s position was that this interrogatory was not answered by mistake and a further response would be...
Feb 06, 2019
Kings County, CA
The motion to withdraw filed by counsel for plaintiff is granted. The moving papers conclude that plaintiff is most likely not in this country, since a diligent search did not reveal a more current address for the plaintiff and the only ID for the client was a voting certificate from Mexico. Defendant objects to the motion on the grounds that the m...
Feb 01, 2019
Kings County, CA
The motion to withdraw filed by counsel for plaintiff is granted. The moving papers conclude that plaintiff is most likely not in this country, since a diligent search did not reveal a more current address for the plaintiff and the only ID for the client was a voting certificate from Mexico. Defendant objects to the motion on the grounds that the m...
Feb 01, 2019
Kings County, CA
The motion to withdraw filed by counsel for plaintiff is granted. The moving papers conclude that plaintiff is most likely not in this country, since a diligent search did not reveal a more current address for the plaintiff and the only ID for the client was a voting certificate from Mexico. Defendant objects to the motion on the grounds that the m...
Feb 01, 2019
Kings County, CA
The court agrees with plaintiff counsel that due to the fact that verified discovery responses were served 11/8/18, but defendant counsel waited until the Christmas week to send a meet and confer letter, there was inadequate time for meet and confer discussions to take place. However, the court does not find that defendant’s discovery motion should...
Jan 30, 2019
Kings County, CA
Defendants’ motion to compel further verified responses to Special Interrogatories ##20, 22, 24-29 is granted. The attorney-client and work product objections are overruled. The questions are relevant to defendant’s statute of limitations defense and the reasonableness of plaintiff’s alleged delayed discovery of the facts underlying the complaint. ...
Jan 04, 2019
Kings County, CA
Ingram v. California Correctional Health Care Services Case No. 16C0302 Specially appearing CCHCS’s motion to quash service on the three Does, alleged to be employees of CCFCS is granted. Proper service requires that a summons include the names of the parties to the action. (CCP §412.20 (a)(2).) No default judgment may be entered against a defe...
Jan 03, 2019
Kings County, CA
County’s motion for summary judgment is granted. The County presented evidence through the declarations of county employees that guidelines for the acceptance of applicants to the Resource Family Approval program did not require drug screening. No screening as undertaken by County in connection with the acceptance of the foster care family at issue...
Dec 20, 2018
Kings County, CA
Petitioner’s motion to correct the arbitration award by deleting the finding that a 2005 Agreement was violated with regard to the supervision of the inmate and causals work crew performing concrete work at Avenal State Prison in 2015-2016 is granted. (Code Civ. Proc. §§1285; 1286.2 (a)(4); 1286.6, subd. (b).) Respondent has failed to establish tha...
Dec 12, 2018
Kings County, CA
The motion filed by E&P Concrete Construction Inc. to determine its settlement to be in good faith is granted....
Dec 07, 2018
Kings County, CA
The application is granted....
Dec 06, 2018
Kings County, CA
No opposition has been filed. Proper notice of motion was given. The motion for a second IME is granted for good cause shown....
Dec 06, 2018
Kings County, CA
Jury Trial: 6/3/19 Defendant County of Kings motion for summary judgment/ Summary adjudication of 1st-4th cause of action. Background A first amended complaint was filed 9/1/16 by driver Vincent Reynoso due to the wrongful death of his wife Consuelo Reynoso and Saul Ramirez (grandson) as a result of the dangerous condition of the roadway at 1...
Dec 05, 2018
Kings County, CA
Everest’s motion for leave to file a cross-complaint for equitable reimbursement, contribution and indemnity against the named defendants is granted. The court finds persuasive Everest’s position that the motion to file this cross-complaint was not unduly delayed to the prejudice to Travelers. Everest’s motion to file the cross complaint under Code...
Dec 05, 2018
Kings County, CA
The court sustains the objection to the deposition excerpt from Officer Gillum. The officer expressed his opinion that the accident was caused by Rodriguez’s intoxication and the unsafe movements of Rodriguez’s vehicle. The court sustains the objection that the opinion was based on hearsay and was without foundation. (Def Sep. Statement ##30, 31, 3...
Dec 05, 2018
Kings County, CA
In re matter of Preston Junior Bush Case No. 18P0099 The court has reviewed the offer of proof submitted by the will opponents. The court finds that the preprinted discharge instruction from an outpatient clinic not to sign important legal documents is less persuasive on the issue of decedent’s competency than the proposed witness testimony prese...
Dec 04, 2018
Kings County, CA
In re matter of Preston Junior Bush Case No. 18P0099 The court has reviewed the offer of proof submitted by the will opponents. The court finds that the preprinted discharge instruction from an outpatient clinic not to sign important legal documents is less persuasive on the issue of decedent’s competency than the proposed witness testimony prese...
Dec 04, 2018
Kings County, CA
The demurrer to the second cause of action for violation of statute is sustained without leave to amend. Negligence per se is not a separate cause of action, but an application of an evidentiary presumption. (CACI 418; Evid. Code §669, subd. (a ).) The demurrer to the third for gross negligence is sustained without leave to amend. Case law does not...
Dec 03, 2018
Kings County, CA
Petitioner’s objection to respondent’s request to present testimony from 4 persons ( Blair, Venegas, Jesus Garcia (respondent’s expert) and Respondent Lee) is sustained. Under Local Rule of Court, rule 308 ( G), unless the court exercises its discretion otherwise, the evidence to be presented at the hearing is to consist of declarations and deposit...
Nov 30, 2018
Kings County, CA
Petitioner’s objection to respondent’s request to present testimony from 4 persons ( Blair, Venegas, Jesus Garcia (respondent’s expert) and Respondent Lee) is sustained. Under Local Rule of Court, rule 308 ( G), unless the court exercises its discretion otherwise, the evidence to be presented at the hearing is to consist of declarations and depos...
Nov 30, 2018
Kings County, CA
Defendant has failed to submit declarations to support the burden objection to the request for production of documents. (West Pico Furniture Co v Superior Court (1961) 56 Cal.2d 407, 417 [The objection based upon burden must be sustained by evidence showing the quantum of work required, while to support an objection of oppression there must be so...
Nov 29, 2018
Kings County, CA
Harry Meyers v. H. Garcia DEMURRER TO FIRST AMENDED COMPLAINT Case No. 18C0121 Defendants assert that they are immune from liability for the claims set forth in the First Amended Complaint (FAC) under California Government Code Section 845.6. They also argue that: (1) violation of an operating procedure does not give rise to a private right of ...
Nov 29, 2018
Kings County, CA
Defendant has failed to submit declarations to support the burden objection to the request for production of documents. (West Pico Furniture Co v Superior Court (1961) 56 Cal.2d 407, 417 [The objection based upon burden must be sustained by evidence showing the quantum of work required, while to support an objection of oppression there must be some...
Nov 29, 2018
Kings County, CA
Harry Meyers v. H. Garcia DEMURRER TO FIRST AMENDED COMPLAINT Case No. 18C0121 Defendants assert that they are immune from liability for the claims set forth in the First Amended Complaint (FAC) under California Government Code Section 845.6. They also argue that: (1) violation of an operating procedure does not give rise to a private right of ...
Nov 29, 2018
Kings County, CA
The objection to paragraph 2 of the Kaplan declaration is sustained on the basis of lack of foundation and lack of personal knowledge. The motion to compel arbitration of the personnel disputes alleged in the complaint and to stay the action pending completion of arbitration is granted. The defendant and defendant’s counsel have committed t...
Nov 28, 2018
Kings County, CA
The objection to paragraph 2 of the Kaplan declaration is sustained on the basis of lack of foundation and lack of personal knowledge. The motion to compel arbitration of the personnel disputes alleged in the complaint and to stay the action pending completion of arbitration is granted. The defendant and defendant’s counsel have committed to th...
Nov 28, 2018
Kings County, CA
The objection to paragraph 2 of the Kaplan declaration is sustained on the basis of lack of foundation and lack of personal knowledge. The motion to compel arbitration of the personnel disputes alleged in the complaint and to stay the action pending completion of arbitration is granted. The defendant and defendant’s counsel have committed to th...
Nov 28, 2018
Kings County, CA
Plaintiff counsel’s motion to withdraw as counsel is ordered off calendar. No proof of service of this motion has been filed to date. The motion contends that the client cannot be located. However, a motion to withdraw is also required to be served on all parties who have appeared in the case. (California Rule of Court, rule 3.1362 (d ).) In additi...
Nov 19, 2018
Kings County, CA
Plaintiff counsel’s motion to withdraw as counsel is ordered off calendar. No proof of service of this motion has been filed to date. The motion contends that the client cannot be located. However, a motion to withdraw is also required to be served on all parties who have appeared in the case. (California Rule of Court, rule 3.1362 (d ).) In additi...
Nov 19, 2018
Kings County, CA
Plaintiff counsel’s motion to withdraw as counsel is ordered off calendar. No proof of service of this motion has been filed to date. The motion contends that the client cannot be located. However, a motion to withdraw is also required to be served on all parties who have appeared in the case. (California Rule of Court, rule 3.1362 (d ).) In addi...
Nov 19, 2018
Kings County, CA
18 CV0082 Tentative Ruling for D-8, J. Chrissakis Holt v Vanaman HEARING ON PETITION RE GOVERNMENT CODE 946.6 The petitioner’s request for relief from the claims filing requirements is denied. Petitioner has failed to set forth the facts underlying his assertion that his government claim was filed two and a half months late due to his reaso...
Nov 14, 2018
Kings County, CA
18 CV0082 Tentative Ruling for D-8, J. Chrissakis Holt v Vanaman HEARING ON PETITION RE GOVERNMENT CODE 946.6 The petitioner’s request for relief from the claims filing requirements is denied. Petitioner has failed to set forth the facts underlying his assertion that his government claim was filed two and a half months late due to his reaso...
Nov 14, 2018
Kings County, CA
The court takes judicial notice of the documents submitted with the demurrer. Defendant’s demurrer to the complaint based on plaintiff’s failure to submit his dispute to binding arbitration is sustained. (Charles J Rounds Co v Joint Council of Teamsters (1971) 4 Cal.3d 888, 899 [demurrer may be based on failure to exhaust administrative remedies,...
Nov 14, 2018
Kings County, CA
18 CV0082 Tentative Ruling for D-8, J. Chrissakis Holt v Vanaman HEARING ON PETITION RE GOVERNMENT CODE 946.6 The petitioner’s request for relief from the claims filing requirements is denied. Petitioner has failed to set forth the facts underlying his assertion that his government claim was filed two and a half months late due to his reaso...
Nov 14, 2018
Kings County, CA
PLAINTIFF’S EX PARTE APPLICATION FOR A TRO AND ISSUANCE OF AN OSC RE PRELIMINARY INJUNCTION Appropriate notice of the ex parte application was given by Plaintiff. (CRC 3.1200 et. seq.) If Defendant appears, has counsel, and wants to file opposition points and authorities to the Request for Temporary Restraining Order (TRO), the court will enter...
Nov 14, 2018
Kings County, CA
The court takes judicial notice of the documents submitted with the demurrer. Defendant’s demurrer to the complaint based on plaintiff’s failure to submit his dispute to binding arbitration is sustained. (Charles J Rounds Co v Joint Council of Teamsters (1971) 4 Cal.3d 888, 899 [demurrer may be based on failure to exhaust administrative remedies, i...
Nov 14, 2018
Kings County, CA
The court takes judicial notice of the documents submitted with the demurrer. Defendant’s demurrer to the complaint based on plaintiff’s failure to submit his dispute to binding arbitration is sustained. (Charles J Rounds Co v Joint Council of Teamsters (1971) 4 Cal.3d 888, 899 [demurrer may be based on failure to exhaust administrative remedies, i...
Nov 14, 2018
Kings County, CA
PLAINTIFF’S EX PARTE APPLICATION FOR A TRO AND ISSUANCE OF AN OSC RE PRELIMINARY INJUNCTION Appropriate notice of the ex parte application was given by Plaintiff. (CRC 3.1200 et. seq.) If Defendant appears, has counsel, and wants to file opposition points and authorities to the Request for Temporary Restraining Order (TRO), the court will enterta...
Nov 14, 2018
Kings County, CA
Defendant’s motion to compel the deposition of Anna Z is denied. It was represented that Anna Z (mother and guardian ad litem to plaintiff minor Dani Z) agreed to have her deposition taken by notice to counsel, if her deposition was taken back to back with the minor plaintiff. Correspondence supports the assertion that plaintiff counsel sought coor...
Nov 07, 2018
Kings County, CA
Defendant’s motion to compel the deposition of Anna Z is denied. It was represented that Anna Z (mother and guardian ad litem to plaintiff minor Dani Z) agreed to have her deposition taken by notice to counsel, if her deposition was taken back to back with the minor plaintiff. Correspondence supports the assertion that plaintiff counsel sought coor...
Nov 07, 2018
Kings County, CA
Defendant’s motion to compel the deposition of Anna Z is denied. It was represented that Anna Z (mother and guardian ad litem to plaintiff minor Dani Z) agreed to have her deposition taken by notice to counsel, if her deposition was taken back to back with the minor plaintiff. Correspondence supports the assertion that plaintiff counsel sought co...
Nov 07, 2018
Kings County, CA
Defendant’s motion to compel the deposition of Anna Z is denied. It was represented that Anna Z (mother and guardian ad litem to plaintiff minor Dani Z) agreed to have her deposition taken by notice to counsel, if her deposition was taken back to back with the minor plaintiff. Correspondence supports the assertion that plaintiff counsel sought coor...
Nov 07, 2018
Kings County, CA
Case No. 18C0289 Mary J. Venegas, et. al. v. Holly Andrade Blair MOTION FOR TRIAL SETTING PRECEDENCE Grant the Motion for Precedence under California Code of Civil Procedure Section CCP 1062.3(b) and order the January 8, 2019 Case Management Conference in this case advanced to 8:15 a.m. on November 9, 2018 in Department 8. A controversy is ...
Oct 26, 2018
Kings County, CA
Case No. 18C0289 Mary J. Venegas, et. al. v. Holly Andrade Blair MOTION FOR TRIAL SETTING PRECEDENCE Grant the Motion for Precedence under California Code of Civil Procedure Section CCP 1062.3(b) and order the January 8, 2019 Case Management Conference in this case advanced to 8:15 a.m. on November 9, 2018 in Department 8. A controversy is ...
Oct 26, 2018
Kings County, CA
Case No. 18C0289 Mary J. Venegas, et. al. v. Holly Andrade Blair MOTION FOR TRIAL SETTING PRECEDENCE Grant the Motion for Precedence under California Code of Civil Procedure Section CCP 1062.3(b) and order the January 8, 2019 Case Management Conference in this case advanced to 8:15 a.m. on November 9, 2018 in Department 8. A controversy is ...
Oct 26, 2018
Kings County, CA
No opposition has been filed. Proper notice of motion was given to plaintiff counsel and counsel for defendant. The motion to intervene and join Nationwide Ins. Co. is granted. The complaint in intervention is to be filed within 10 days....
Oct 22, 2018
Kings County, CA
The motion to dismiss is granted. Plaintiff was given 30 days leave to amend after service of the notice of ruling on the demurrer and motion to strike. Plaintiff failed to file a second amended complaint. The motion to dismiss is granted in accordance with California Code of Civil Procedure section 581, subdivision ( f)(2). Matter set on the 10:...
Oct 22, 2018
Kings County, CA
The motion to dismiss is granted. Plaintiff was given 30 days leave to amend after service of the notice of ruling on the demurrer and motion to strike. Plaintiff failed to file a second amended complaint. The motion to dismiss is granted in accordance with California Code of Civil Procedure section 581, subdivision ( f)(2)....
Oct 22, 2018
Kings County, CA
Sustain the demurrer without leave to amend as to the medical negligence claim. The case relied on by defendant is persuasive. (Hendy v Losse (1991) 54 Cal.3d 723.) As set forth therein, the exacerbation of a work related injury by a person employed by the same employer to treat its employees is an injury within the workers compensation scheme. T...
Oct 19, 2018
Kings County, CA
A workers compensation carrier may bring a subrogation claim in its own name for recovery of compensation paid to the employee injured by a third person. (New Plumbing Contractors Inc. v Nationwide Mutual Ins. Co. (1992) 7 Cal App. 4th 1088, 1093; Labor Code §3850, subd. ( b) [employer includes insurer].). The insurer’s subrogated right is its righ...
Oct 19, 2018
Kings County, CA
Reply has not been filed. Based upon the pleadings on file, the court finds that as to the motion to compel further discovery responses, plaintiff did not present a written agreement extending the time to file a motion to compel further responses. An oral agreement is alleged in the declaration of attorney Brown at ¶6, but a written agreement was n...
Oct 18, 2018
Kings County, CA
Reply has not been filed. Based upon the pleadings on file, the court finds that as to the motion to compel further discovery responses, plaintiff did not present a written agreement extending the time to file a motion to compel further responses. An oral agreement is alleged in the declaration of attorney Brown at ¶6, but a written agreement was n...
Oct 18, 2018
Kings County, CA
The court finds that even if jury was waived by defendants not posting jury fees before they retained their present counsel in June of 2018, good cause was presented to allow this matter to proceed as a jury trial. (Code Civ. Proc. §631, subdivision (g).) No prejudice to plaintiff is apparent from defendant having requested a jury trial and posting...
Oct 16, 2018
Kings County, CA
Motion to strike class action allegations from First Amended Complaint The motion to strike the class action allegations is granted without leave to amend. The court sua sponte takes judicial notice of the lawsuit transferred to this court in connection with plaintiff’s petition for relief from the claims filing requirements. (17C0145) Plaintiff’...
Oct 15, 2018
Kings County, CA
Defendant Jim Crisp’s motion to set aside the default is granted under Code of Civil Procedure section 473, subdivision (d ) [ a court may correct a clerical mistake and set aside a void order]. The default is also set aside under Code of Civil Procedure section 473 subdivision (b) based on surprise and excusable inadvertence. The court has read th...
Oct 11, 2018
Kings County, CA
The complaint alleged that despite numerous requests, defendant failed and refused to transfer title of the car to plaintiff, which resulted in the car being impounded by the police. The complaint at paragraph 24 alleged defendants intended to harm and cause injury to plaintiff. It is alleged defendants intentionally misrepresented facts to plainti...
Oct 10, 2018
Kings County, CA
The motion to strike is granted in part. The demurrer to the First Amended Complaint is sustained. Leave to amend is granted as to the motion to strike and demurrer. Plaintiffs’ opposition relies on California Code of Regulation, title 22 section 72527 (a)(3) in support of the existence of a duty to disclose to decedent and decedent’s family memb...
Oct 10, 2018
Kings County, CA
Pinedale’s motion to order a Fresno Superior Court lawsuit transferred and consolidated with this writ of mandate is denied. This court has already considered the arguments made by Pinedale contesting the legality of the contract on which a judgment affirmed on appeal arose. This court found that Pinedale failed to cite persuasive authority to supp...
Oct 04, 2018
Kings County, CA
In re surplus funds following foreclosure on 1095 Jordan Way, Hanford CA Case No. 18 C 0141 A claim to the surplus funds was filed by Jose Salazar. No declaration, birth certificate, probate orders or other documents were filed to support the claim. Claimant is to supply documentation to support his claim that he is the only person entitled to ...
Oct 04, 2018
Kings County, CA
In re surplus funds following foreclosure on 1095 Jordan Way, Hanford CA Case No. 18 C 0141 A claim to the surplus funds was filed by Jose Salazar. No declaration, birth certificate, probate orders or other documents were filed to support the claim. Claimant is to supply documentation to support his claim that he is the only person entitled to ...
Oct 04, 2018
Kings County, CA
Defendant’s motion to compel responses to Form Interrogatories Late responses with inconsistent verifications were received after the motion to compel responses to form interrogatories was filed. It is uncertain if the verifications can be relied upon, given the verification date of 7/18/18. The motion to compel verified responses to Form Interro...
Oct 01, 2018
Kings County, CA
Due to court congestion and the volume of the record, this matter must be continued to a date in the future. The court suggests that an hour time slot be calendared. The parties are to meet and confer and select a continued hearing date with the court clerk....
Sep 27, 2018
Kings County, CA
Petitioner’s application for a stay of the decision of respondent suspending petitioner’s teaching credentials for 150 days is denied. (Decision dated 8/10/18 was allegedly stayed by respondent until 9/9/18. Stay was then extended by stipulation until September 21, 2018.) The original petition filed in this lawsuit on November 6, 2017, challenged...
Sep 27, 2018
Kings County, CA
TD Bank USA v Mariscal Case No. 18 CV 0487 No opposition has been filed. Proper notice of motion was given. Based on the pleadings filed, the motion for judgment on the pleadings in favor of plaintiff is granted....
Sep 26, 2018
Kings County, CA
Plaintiff’s objections ##1-4 to the evidence are sustained. This ruling, in addition to the declarations of school administrators disputing UMF 18, 19, 20, 31, raise a triable issue of fact as to plaintiff administrators’ expectations of confidentiality. Defendants’ motion for summary judgment based on the one year statute of limitations from dis...
Sep 21, 2018
Kings County, CA
Petitioner’s application for a stay of the decision of respondent suspending petitioner’s teaching credentials for 150 days is denied without prejudice to renew. (Decision dated 8/10/18 was allegedly stayed by respondent until 9/9/18. Stay was then extended by stipulation until today.) The original petition filed in this lawsuit on November 6, 20...
Sep 21, 2018
Kings County, CA
Defendant’s motion to compel plaintiff to pay the balance due of $1000 towards the videotaped deposition of defendant’s expert is granted. Plaintiff counsel was advised of the fee charged by defendant’s designated witness. The fee schedule clearly designated the fee at $1000 per hour and $1500 per hour, if the deposition was videotaped. (Dec. Aharo...
Sep 19, 2018
Kings County, CA
Cross-defendants demur to the cross-complaint is sustained with 90 days leave to amend. No facts were pleaded to support an equitable indemnity, contribution or property damage claim against the cross-defendants [heirs of decedent in this wrongful death action]. The moving party requested an opportunity to create an estate for decedent. The demurre...
Sep 17, 2018
Kings County, CA
Midland Funding v Fearnside Case No. 18 CV 0191 No opposition has been filed. Proper notice of motion was given. Based on the pleadings filed, the motion for judgment on the pleadings is granted in favor of plaintiff. The proposed order and judgment (one pleading) sets forth the last name of the defendant as Fearnside. The answer was filed on beh...
Sep 13, 2018
Kings County, CA
Defendant Adventist Health-Hanford, Dr. Stewart and Sequoia Surgical Specialist Medical Group motions for summary judgment are granted. The court finds that plaintiff’s complaint for medical malpractice is barred by the one year after discovery portion of the statute of limitations. (Code Civ. Proc. §340.5 [the time for the commencement of action s...
Sep 12, 2018
Kings County, CA
The standard of review the court must apply when reviewing the sufficiency of the evidence to support the imposition of discipline against a correctional officer with CDCR is the independent judgment test. (Melkonians v Los Angeles County Civil Serv (2009) 174 Cal.App.4th 1159, 1167; Jackson v City of Los Angeles (2003) 111 Cal. App.4th 899, 902.) ...
Sep 11, 2018
Kings County, CA
Defendant’s motion to compel arbitration and stay this lawsuit until arbitration has been completed is granted. Defendant’s non-compliance with Labor Code sections 226 and 1198.5 does not support a finding that defendant has waived its right to seek arbitration. The Labor Codes provide that the penalty for failing to produce the personnel record of...
Aug 31, 2018
Kings County, CA
Defendant’s motion to compel arbitration and stay this lawsuit until arbitration has been completed is granted. Defendant’s non-compliance with Labor Code sections 226 and 1198.5 does not support a finding that defendant has waived its right to seek arbitration. The Labor Codes provide that the penalty for failing to produce the personnel record of...
Aug 31, 2018
Kings County, CA
The demurrer to the first cause of action for breach of contract is overruled. The court takes judicial notice of the 11/25/14 memorandum of understanding attached as an exhibit to the original complaint. The last sentence of the agreement provided that its terms “are binding” and that the transaction described shall be contingent upon the executio...
Aug 23, 2018
Kings County, CA
There no tentative rulings for Wednesday, August 29, 2018 The demurrer to the first cause of action for breach of contract is overruled. The court takes judicial notice of the 11/25/14 memorandum of understanding attached as an exhibit to the original complaint. The last sentence of the agreement provided that its terms “are binding” and that t...
Aug 23, 2018
Kings County, CA
Defendant’s objections to the declaration of Mr. Sario are sustained. Mr Sario’s resume and qualifications were not attached to his declaration. His opinions and conclusions are without foundation. The date of his inspection is not discussed in his declaration, which contributes to the lack of foundation objection. Plaintiff did not comply with C...
Aug 23, 2018
Kings County, CA
Motion to Compel Counsel for Financial Pacific has not filed a supplemental brief to date. It was due 8/15/18. The attorney was to support her claim that the insurance policies have proprietary value and although the insurance company intends to produce the policies, they want them marked confidential and not used except in this lawsuit. Counsel ...
Aug 22, 2018
Kings County, CA
No opposition has been filed. Proper notice of motion was given. Based on the pleadings on file, the motion to compel responses to form and special interrogatories and the request for production of documents is granted. All objections have been waived. Verified responses are due 10 days from service of notice of ruling. Sanctions are ordered in the...
Aug 15, 2018
Kings County, CA
No opposition has been filed. Proper notice of motion was given. Based on the pleadings on file, the motion to compel responses to form and special interrogatories and the request for production of documents is granted. All objections have been waived. Verified responses are due 10 days from service of notice of ruling. Sanctions are ordered in t...
Aug 15, 2018
Kings County, CA
No opposition has been filed. Proper notice of motion was given. Plaintiff counsel’s motion to withdraw as counsel is granted. The next hearing is the settlement conference on 11/14/18....
Aug 14, 2018
Kings County, CA
No opposition has been filed. Proper notice of motion was given. Plaintiff counsel’s motion to withdraw as counsel is granted. The next hearing is the settlement conference on 11/14/18....
Aug 14, 2018
Kings County, CA
Brightwell v De-Jiminez Case No. 18 CV0013 The defendant’s demurrer is overruled. Even accepting that the demurrer was directed to the First Amended Complaint, a demurrer cannot be brought against a prayer for punitive damages, or an exemplary damage attachment to a complaint. ( Ramsden v Western Union (1977) 71 Cal.App.3d 873, 882-883.) Defend...
Aug 13, 2018
Kings County, CA
Brightwell v De-Jiminez Case No. 18 CV0013 The defendant’s demurrer is overruled. Even accepting that the demurrer was directed to the First Amended Complaint, a demurrer cannot be brought against a prayer for punitive damages, or an exemplary damage attachment to a complaint. ( Ramsden v Western Union (1977) 71 Cal.App.3d 873, 882-883.) Defend...
Aug 13, 2018
Kings County, CA
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