Excerpt: ...ger 435 tractor bearing product id e n t if ic a t io n number ZAF11829. Plaintiffs filed this action under claims of p r o d u c t lia b ilit y a n d n e g lig e n c e c la im s . On July 5, 2023, Defendant, CNH Industrial America LLC, filed their answer. On July 10, 2023, Defendant, Linder Equipment Co., filed their answer. On March 8, 2024, Defendant and moving party CNH Industrial N.V. filed this motion to quash. Authority and Analysis “Whe...

Excerpt: ... hearing for the purpose of scheduling a date for the mandatory settlement conference and a trailing date for continued h e a r in g o n p la in t if f Ta f t 's m o t io n . It appears, based on plaintiff Taft's pleadings and the prior records of this action, that Taft has already been provided with all the records he seeks in this action f r o m t h ir d -party Boston Scientific. Indeed, Taft contends there is no triable issue re ma ining on hi...

Excerpt: ...8, 12, 13. ) The Court, having denied Plaintiff's motion for leave to amend, evaluates the motion based upon the operative complaint alleging abuse occurred in 1981. “The p le a d in g s p la y a ke y r o le in a summary judgment motion. The function of the p le a d in g s in a m o t io n for summary judgment is to delimit the scope of the issues and to frame the outer measure of materiality in a summary judgment proce e ding.” ( Hu t t o n v...

Excerpt: ...nt alleging that, on August 16, 2022, a vehicle struck and injured him as he was walking in a marked crosswalk. Plaintiff sued, amongst others, the City of Tulare . On July 5, 2023, the City filed an answer including immunity defenses under Government Code sections 815.2(b) and 820.8 . The City now seeks to file an amended answer that adds immunities under — Government Code sections 830.4, 830.6, 830.8, 831.4 and 835.4(b) . The City has include...

Excerpt: ...of $410, due no later than thirty (30) days from the date of this hearing . Fa ct s This is an action for breach of warranty, Song -Beverly, Consumer Legal Remedies Ac t , a n d Un f a ir Co m p e t it io n in v o lv in g a s o la r p u r c h a s e b y P la in t if f in 2 0 1 5 , various representations made thereof, and the assignment of Plaintiff's solar loan, and servicing o f Plaintiff's solar system, to various named Defendants, including De...

Excerpt: ...in c r im in a l c a s e n o . VCF4 3 8 1 7 7 Un d e r lyin g Cr im in a l Ca s e - VCF438177 On February 21, 2023, Ramirez was arraigned on the complaint in and the bond was posted by the defendant in this case. On March 24, 2023, Ramierz appeared in court and was notified of the April 20, 2023, court date. On April 20, 2023, Ramirez failed to appear in court and the Court issued but stayed a bench warrant in the amount of $60,000. The Court, ho...

Excerpt: ...a motion to enforce a settlement p urportedly made at the mediation . Given the lack of a settlement in this case, Plaintiffs seek to restore a trial date . The trial date came off the Court's calendar when Plaintiffs, on January 23, 2024, filed a notice of conditional settlement of entire case. However, counsel for P la in t if f s in d ic a t e s t h e f o llo w in g , a s t o m is t a ke , in a d ve r t e n c e , s u r p r is e o r excusable n...

Excerpt: ...tion under Section 340.1 of the Co d e o f Civ il P r o c e d u r e b y f ilin g h e r Co m p la in t . Under the then operative version of Code of Civil Procedure section 340.1, this action appears initially timely filed under the revival term of subsection (q). (“Notwithstanding any other provision of law, any claim for damages described in paragraphs (1) through (3), inclusive, of subdivision (a) that has not been litigated to finality and t...

Excerpt: ...erence with prospective economic advantage, breach of implied d u t y o f g o o d f a it h a n d in t e n t io n a l in f lic t io n o f e m o t io n a l d is t r e s s a g a in s t Defendant California Department of Developmental Services, California governmental agency. (Complaint ¶ 2. ) The complaint is based upon a settlement agreement between Plaintiff and Defendant after Plaintiff was dismissed on July 21, 2015 from his position with Defen...

Excerpt: ...l of class action and PAGA settlement, attorneys' fees, costs, enhancement award, LWDA payment and class certification for settlement purposes came on for hearing on April 23, 2024. The Court finds a n d r u le s a s f o llo w s : On Mach 29, 2024, the settlement administrator IYLM, through its Case Manager, filed a declaration detailing the following events. On December 29, 2023, the administrator received a mailing list of 157 potential class m...

Excerpt: ...�Es t a t e o f J u lio M o r e n o Va lle (D e c e a s e d )” (2 ) “F id e lin a Va lle Re y e s , in d iv id u a lly …” and (3) “Fidelina Valle Reyes…as representative of the Estate of Julio Moreno Valley.” The complaint alleges the Decedent died after striking a metal cable connected to p o s t s is a d im ly lit a r e a w h ile r id in g a n a ll -terrain vehicle. (Complaint at Page 4.) Plaintiffs allege the incident occurred at...

Excerpt: ...is matter is set April 29, 2024. On April 12, 2024, Plaintiff filed a motion to file a first amended complaint. The h e a r in g d a t e f o r t h is m o t io n is s e t J u n e 4 , 2 0 2 4 . On April 15, 2024, Plaintiff filed this ex parte motion to shorten time to hear the motion for leave to amend prior to the trial date. The Court then set this motion for the present hearing date. The issue apparently stems from a disagreement as to jury inst...

Excerpt: ... various issues with the notice period, calculation of the lodestar, presently incurred costs, notice to the LWDA of the settlement. On March 29, 2024, Plaintiffs filed supplemental d e c la r a t io n in support of preliminary approval, which the Court will examine b e lo w . Cla s s N o t ic e Objections or opt out notices are now to be made within 60 days. The Court re gularly approve s not ice pe riods of 60 days or longe r. The class notice ...

Excerpt: ...fied complaint . Defendant now brings a motion entitled “motion to sell real property.” The motion provides no statutory authority. The motion provides no documentary or testimonial evidence. The Court has only the arguments of counsel in the memorandum of points and autho rities which states “Defendant is agreeable” to the sale . In opposition, Plaintiff argues this motion is procedurally improper . Authority and Analysi s As noted above...

Excerpt: ... ve h ic le d r iv e n b y Defendant Tucker, causing Plaintiff's vehicle to stop on the roadway. Moments la t e r , P la in tiff's vehicle was struck a second time by Defendant Gonzales - Martinez . Defendant Gonzales -M a r t in e z s e e ks t o b if u r c a t e t h e t r ia l in t o lia b ilit y a n d damages phases under Code of Civil Procedure sections 598 and 1048(b) . In support, Defendant Gonzales -Martinez does not dispute that Plaintiff ...

Excerpt: ...iler accident. Defendants Sandoval Crespo and Herrera present the following facts in support of their theory on summary judgment that Defendant Lagula's conduct, described below, is a superseding cause under Schrimscher v. Bryson (1976) 58 Cal.App.3d 660 and prevents liability from attaching to these moving Defendants . At the time of the incident, Defendant Lagula was driving under the influence in violation of Vehicle Code section 23152 and thi...

Excerpt: ...val of class action and PAGA settlement, attorneys' fees, costs, enhancement award, LWDA payment and class certification for settlement purposes came on for hearing on April 22, 2024. The Court finds and rules as follows: On Mach 28, 2024, the settlement administrator Phoenix, through its Case Manager, filed a declaration detailing the following events. On January 23, 2024, the administrator received a mailing list of 265 potential class members ...

Excerpt: ...rved by substitute service or about March 16, 2024. On April 4, 2024, default judgment was entered and the writ of possession was issued . On April 15, 2024, Defendant Cortez filed this ex parte motion to set aside the default or stay the execution of the writ of possession . In support, Defendant notes no responsive pleading was filed because Defendant “talked to landlord and was told to send [money] through mail and we can stay in home so I s...

Excerpt: ...gligence by Defendant that resulted in sexual abuse by Gustavo Zamora, who served as the pastor at the church Plaintiff attended . Trial in this matter is set April 29, 2024 . O n Ap r il 1 2 , 2 0 2 4 , P la in t if f f ile d a m o t io n t o f ile a f ir s t a m e n d e d c o m p la in t . Th e hearing date for this motion is set June 4, 2024. On April 15, 2024, Plaintiff filed this ex parte motion to shorten time to hear the motion for leave t...

Excerpt: ...ry judgment . The motion for summary judgment was set for May 20, 2024. The City appears to recognize the issue with this hearing date and has filed this ex parte motion to “specially set a later hearing date” on the motion. As to the May 20, 2024 hearing date, counsel's declaration in support of the ex parte motion states “This office called the Court's clerk on April 4, 2024 to reserve a hearing on the MSJ. The latest date the clerk would...

Excerpt: ...30,000. Plaintiff estimates approximately 90 proposed Class Members, providing an estimated average payout of $1,992.04 per member. The Class Members consist of: “All individuals employed by Defendant in California and classified as non- exempt at any time during the period between August 12, 2022 through the date upon which the Court grants preliminary approval of this settlement.” The operative complaint alleges causes of action for : (1) f...

Excerpt: ...s action and PAGA settlement, attorneys' fees, costs, enhancement award, LWDA payment and class certification for settlement purposes came on for hearing on April 15, 2024. The Court finds and rules as follows: On Mach 21, 2024, the settlement administrator Apex, through its Case Manager, f ile d a d e c la r a t io n d e t a ilin g t h e f o llo w in g e v e n t s . On November 27, 2023, the administrator r e c e iv e d a m a ilin g lis t o f 4 ...

Excerpt: ...ion and PAGA settlement, attorneys' fees, costs, enhancement award, LWDA payment and class certification for settlement purposes came on for hearing on April 15, 2024. The Court finds and rules as follows: On Mach 22, 2024, the settlement administrator Phoenix, through its Case Manager, filed a declaration detailing the following events. On December 8, 2023, the administrator r e c e iv e d a m a ilin g lis t o f 9 2 2 p o t e n t ia l class memb...

Excerpt: ...ed petition. Case manageme nt Conference is continued to June 6, 2024; 8:30 am; D1 . Fa ct s P e t it io n e r / P la in t if f is t h e Bu ild in g In d u s t r y As s o c ia t io n Tu la r e Kin g s Co u n t ie s , In c ., hereafter “BIATKC,” is a California nonprofit corporation that works to provide se rvice s, ne t working and re source s t o all builde rs, de ve lope rs, cont ract ors and associate d businesses in the building industry ...

Excerpt: ...lo o r in f ill p r o je c t . Kaweah alleges claims for breach of contract and professional negligence. The basis of the claims is that Christiansen omitted certain required fire safety implements in project design plans. Ch r is t ia n s e n c r o s s -complains against Kaweah, contending the California Building Code, as constituted when he submitted his designs, did not require the fire safety implements Kaweah alleges were omitted. Christians...