Defendant's Motion to Quash Service of Summons and to Dismiss Defendants for Untimely Service
attachment is based; (3) the attachment is not sought for a purpose other than recovery on the claim upon which the attachment is based; and (4) the amount to be secured by the attachment is greater than zero. (Code Civ. Proc., Sec. 484.090(a).)
Alfaro seeks a writ of attachment in the amount of $289,887.55, consisting of an alleged unpaid principal balance of $239,887.55 and estimated allowable attorney fees of $50,000.00. Alfaro further seeks contractual interest accruing at 18 percent per annum and taxable costs of suit. According to Alfaro, Defendant is obligated to pay the foregoing amount for agricultural labor Alfaro performed pursuant to a contract with Defendant. Defendant has not made any payments.
Defendant alleges that Alfaro picked undersized and overripe fruit and tried to cover it up by commingling it with other acceptable fruit. However, Defendant states that it is willing to pay Alfaro after deducting its damages in the amount of $69,558.125. According to Defendant, the amount owed is no more than $170,329.42. Defendant argues the amount owed to Alfaro is not readily ascertainable because the alleged amount of debt is a heavily disputed number.
Here, Defendant appears to concede that it owes Alfaro some amount per the terms of the contract. Defendant states the amount owed is $170,329.42 at most, before further offsets. Defendant's argument that further offsets need to be determined is not persuasive because Defendant has already quantified the amount of damages it sustained. In addition, Defendant's argument that the damages amount cannot be quantified is unsupported by any legal authority. The Court finds Alfaro has met the statutory requirements for issuance of a right to attach order.
CV-26-004126 - GOLDEN HOMESTEAD LLC vs WEBB, GLENN - Petitioner's Petition Re: Judicial Abandonment of Mobile Home - HEARING REQUIRED.
On April 22, 2026, Petitioner filed a petition for judicial declaration of abandonment. The petition is unopposed. The Court will hold a hearing on the petition. The Court is inclined to GRANT the unopposed petition and enter a judgment of abandonment, award damages in the amount of $24.50 per day from June 1, 2024 to the date of judgment, and award reasonable attorney's fees and costs. Moving party to submit a proposed order and a declaration detailing its request for costs and fees order within five court days of this ruling.
"If, at the hearing, the petitioner shows by a preponderance of the evidence that the criteria for an abandoned mobilehome has been satisfied and no party establishes an interest therein at the hearing and tenders all past due rent and other charges, the court shall enter a judgment of abandonment, determine the amount of charges to which the petitioner is entitled, and award attorney's fees and costs to the petitioner. For purposes of this subdivision, an interest in the mobilehome shall be established by evidence of a right to possession of the mobilehome or a security or ownership interest in the mobilehome." (Civ. Code, Sec. 798.61.)
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The petition concerns a mobile home located at the following address: 2513 Don Pedro Road Space #23, Ceres, California, 95307. The petition avers that Respondents Glenn and Shirley Webb ("Respondents") were the last known occupants of the mobile home; Respondents failed to pay rent for at least 60 days; Petitioner believes that Respondents are the legal owners of the mobile home; the mobile home is unoccupied and appears to be abandoned; and that the fair rental value for the mobile home space is the amount of $24.50 per day from June 1, 2024 to the date of judgment.
The petition prays for the following relief: a judicial declaration of abandonment; damages in the sum of $24.50 per day from June 1, 2024 to the date of judgment; reasonable attorney's fees and costs; and, an order that Petitioner may dispose of the mobile home.
The following are the tentative rulings for cases calendared before Judge Clifford Tong in Department 23:
CV-22-003528 - KINGSLEY, ANDREW ROBERT vs WYNDHAM HOTEL MANAGEMENT INC - Defendant's Motion to Quash Service of Summons and to Dismiss Defendants for Untimely Service - GRANTED, and unopposed. Defendants, as the moving parties, have demonstrated entitlement to dismissal of the action against them based on Plaintiff's failure to serve them within 3 years of the filing of his Complaint. Under the circumstances, dismissal is mandated by Code Civ. Proc. Sec. 583.250(a)(2). The matter shall be dismissed against the moving defendants herein without prejudice. (Code Civ. Proc. Sec. 581(h).)
CV-24-008657 - WALLACE, KEVIN ALAN vs AMERICAN HONDA MOTOR CO INC - Plaintiff's Motion for Attorney's Fees - CONTINUED, on the Court's own motion, to September 17, 2026 at 8:30 a.m. in Department 23. The Court notes that counsel herein has substantial experience with these types of matters and is presumably well-acquainted with the law governing the determination of reasonable fees and expenses pursuant to the statute. Nevertheless, these types of fee disputes are commonplace and appear to reflect a default pattern of refusing to compromise in favor of "trying their luck" before the court, thus wasting judicial resources in the hopes of obtaining a ruling favoring their side.
The Court believes that the potential exists for the parties to informally resolve the issues presented herein if genuine efforts to meet and confer as to such issues are undertaken in good faith. Therefore, the hearing is continued, as above, for that purpose, and the parties are ordered to meet and confer in person or by online video conference to discuss the issues herein. The parties are further ordered to submit a Joint Status Statement by September 8, 2026, describing their efforts to meet-and-confer and any resolution or narrowing of the issues they were able to achieve.
The Court strongly encourages the parties to make genuine efforts to informally resolve their differences with due civility to one another. Should counsel for the parties be unable to reach a reasonable compromise of any of the issues presented by the instant motion, the Court may require personal appearances at the time of the continued hearing to further address the issues herein.
CV-25-012389 - JONES, CHAD vs NATIONAL RAILROAD PASSENGER CORPORATION - Plaintiff's Application for Jason MacFetters to Appear as Counsel Pro Hac Vice on Behalf of Plaintiff - DENIED, without prejudice. Mr. MacFetters' declaration fails to comply with the requirements of Code Civ. Proc. Sec. 2015.5; therefore, it fails to qualify as a verified application required by Cal. Rules of Ct., rule 9.40.
CV-26-001860 - SELFHELP ENTERPRISES vs NORTHEAST TERRITORIES PATTERSON LLC - Defendant's Demurrer to Amended Complaint of Plaintiff Self-Help Industries - OVERRULED. Preliminarily, the Court notes that Defendant Northeast Territories Patterson, LLC has now been dismissed from the action; therefore, the demurrer is MOOT as to that defendant. In addition, the Court takes judicial notice of Defendant VOP 2.1, LLC's current suspended status in the State of California and defers ruling on the demurrer as to that Defendant at this time, subject to submission of revivor. As to all other moving defendants, the Court finds that the First Amended Complaint alleges sufficient factual support for the stated claims against them, including the alter ego allegations which form a substantial basis for such claims.
The following are the tentative rulings for cases calendared before Judge David Hood in Department 24: ***There are no tentative rulings in Department 24***
The following is the tentative ruling for a case calendared before Commissioner Jared D. Beeson in Department 19 located at the Turlock Division at 300 Starr Avenue, Turlock, CA: ***There are no tentative rulings in Department 19***