Excerpt: ... g a cause of action for medical malpractice on behalf of Michael Rice and a claim for loss of consortium on behalf of Martha Rice against defendants, including moving p a r t y Tu -H i H o n g, M .D . (UMF N o . 1 , 1 4 ) Plaintiffs generally allege that Dr. Hong was negligent and failed to provide informed consent in connection with a shockwave lithotripsy procedure performed by Dr. Hong at Kaweah Delta Medical Center on February 18, 2022. (UMF...

Excerpt: ...and correct copy of the settlement agreement. The Court continued the matter to this date. On March 26, 2024, an amended motion filed that attaches the settlement agreement. The Court , t he re fore , rule s as follows: 1. Sufficiency of Amount of Settlement (Proposed Net Distribution to Employees: $15,330.75) The gross settlement amount is $147,860. Plaintiff estimates approximately 245 aggrieved employees, consisting of “all current and forme...

Excerpt: ...t amended complaint alleges that Golden State “was and is legally responsible in some manner for the events, happenings, and/ or tortious and unlawful conduct that caused the injuries and damages alleged in this Complaint” and “provide d child we lfare , child prote ct ive and childcare se rvice s t o Plaint iff by contracting with COUNTY and/ or otherwise undertaking such foster care services to children who needed them, inc lu d in g P la...

Excerpt: ...rbitration related to a November 28, 2020 motor vehicle accident (“MVA”) involving Claimant, Mont e ne gro, and a third -party driver named Nely Gamino Victoria on State Route 4 3 (Ce n t r a l Va lle y H ig h w ay) and Avenue 56 in an unincorporated part of Tulare County . Claimant had an uninsured and under insured motorist policy with State Farm company with policy limits of $100,000. The policy required the parties to arbitrate their disp...

Excerpt: ...mplex by the Los Angeles Superior Court. The parties in this matter stipulated to transferring this matter to Tulare County on April 20, 2022 . Thereafter, Defendant filed a motion to compel arbitration. This Court granted the motion in part, compelling the individual Labor Code claims to arbitration, dismissing the class action claims pursuant to the arbitration agreement and de nying t he mo t io n a s t o t h e P AGA c la im s , b o t h in d i...

Excerpt: ...ant Amanda Taylor. (UMF No. 1.) The daycare operation was located at 3324 West Sunnyside Avenue, Visalia, California. (UMF No. 14.) That prope rt y i s owned by defendant and moving party Tracy Ferreira. (UMF No. 15.) Defendant Amanda Taylor resides at that home, co -pare nt ing t he ir minor daughte r wit h Mr. Fe rre ira. (UMF No. 16. ) The operative complaint asserts a cause of action for “wrongful death sounding in negligence” by plaintif...

Excerpt: ...unlawful detainer matter, Plaintiff indicates personal service on Defendant Garcia was made on March 5, 2024. Default judgment was entered March 21, 2024 and the writ of possession issued the same day . On April 2, 2024, Defendant Garcia filed this ex parte motion to set aside default and/ or stay execution of the writ . In support of the motion for relief, Defendant provides no factual bases in support of the claim of mistake . As to the stay re...

Excerpt: ... arbitrator be confirmed by this Court . Plaintiff subsequently filed for arbitration with the AAA. An arbitration hearing was held between Plaintiff and Defendants on October 17, 2023 . On or around November 7, 2023 the Arbitrator John C. Lautsch rendered the “Final Award” which named Plaintiff the prevailing party, granted Plaintiff damages in the amount of $3,500, and attorney's fees in the amount of $27,748.55, and indicated that “shou ...

Excerpt: ...”); on September 30, 2022 D efendant opened an American Express Bonvoy Brilliant Amex Card Account with a current account number, last four digits 2004 (the ''2004 Account'') (collectively ''the Accounts'') (UMF Nos. 1, 12. ) The terms and conditions for use of the Accounts are governed by Cardmember Agreements. (UMF Nos. 2, 13. ) American Express sent Defendant a copy of the Cardmember Agreements along with the ...

Excerpt: ...viving spouse of Decedent Joanne Akpkarian -Souza (“Decedent”), alleges negligence based on the passing of Decedent on January 29, 2023 . The complaint was served December 28, 2023 . Plaintiff named Defendants “Kaweah Health Medical Group” and “Kaweah Health Medical Center.” (as well as Joseph Ford, D.O.) (Complaint. ) On December 28, 2023, “Defendants, KAWEAH DELTA HEALTH CARE DISTRICT dba KAWEAH HEALTH MEDICAL GROUP and KAWEAH HEA...

Excerpt: ... no later than ten (10) days from the date of this ruling . Fact s In the third amended complaint, Plaintiff alleges eleven causes of action for discrimination, retaliation, failure to provide reasonable accommodation, failure to engage in interactive process, failure to prevent discrimination or retaliation, interference with CFRA leave, CFRA leave retaliation, violation of Labor Code sections 233, 246.5, and 1102.5, wrongful termination of empl...

Excerpt: ... as to wrongful eviction as to Defendant Rogers . Fact s Plaintiff filed this matter September 25, 2023. Plaintiff's causes of action are stated as intentional tort and wrongful eviction, which appears to further allege conversion of Plaintiff's personal property . Plaintiff alleges the following : “ON OR ABOUT 09/24/2021, DEFENDANTS AND EACH OF THEM, WRONGFULLY EVICITED PLAINTIFF FROM HER PROPERTY LOCATED AT 33111 ROAD 160, IVANHOE, CALOFRNIA ...

Excerpt: ... 31 -401 et seq.; and as to any duty arising under the CANRA, and, as to all other issues of duty raised by the plaintiff's complaint, is denied. The Court has not considered the additional evidence submitted by County's in its reply. San Diego Watercraft v. Wells Fargo Bank (2002) 102 Cal. App 4 th 310 In this action plaintiff alleges negligence, on the part of the County of Tulare (County) in one cause of action, and on the part of Koinonia Fos...

Excerpt: ...lder abuse, neglect of elder, Penal Code section 496, conversion, intentional infliction of emotional distress, breach of fiduciary duty, negligence, fraudulent transfer and claim and delivery . On March 19, 2024, Plaintiffs filed for a temporary protective order on an ex parte basis as well as a right to attach order and order for issuance of writ of attachment on a noticed hearing. The Court set the ex parte temporary protective order for this ...

Excerpt: ...LSE judgment to the Tulare Superior Court on February 9, 2018 . Defendants, in compliance with Labor Code section 98.2(b), filed an undertaking in cash in the amount of $72,377 . Trial was held in March 2019. The Court found a lack of an employer/employee relationship, entered judgment on all claims of Plaintiff and ordered the bond released. This Court signed the proposed judgment and proposed order for release of the bond on April 15, 2019. The...

Excerpt: ...counsel for both parties that some, but not all, issues on these discovery motions have been resolved . The Court has reviewed the supplemental declarations filed by counsel . Defendant's counsel indicates that, while contact has been recently made with Defendant, Defendant remains homeless and without the documents or information necessary to respond to the discovery . Plaintiff's counsel provides the following as to the remaining issues : Reque...

Excerpt: ...echanic's lien claimant, on July 12, 2023 in Case No. VCU304838, In the Matter o f B o s m a n D a i r y , LLC . This petition was filed expressly under Civil Code section 8480 and was initially set for February 14, 2024. Respondent, prior to the filing of the petition at issue here, filed a complaint for foreclosure of the July 12, 2023 mechanic's lien, amongst other causes of action, in Case No. VCU302514 - R P C o n s t r u c t i o n S e r v i...

Excerpt: ... presented at the hearing; Counsel may appear in any manner; the Court notes that it issues no ruling as to Respondents State of California and County of Tulare based upon a lack of proper service of the Petition on these Respondents . Background Fact s The Court continued this matter previously and sought supplemental facts underling the calendaring error claimed as the basis for this petition. The Court is in receipt of Plaintiff's counsel's de...

Excerpt: ...dure section 946.6(e) . Fa ct s Petitioner seeks relief from the claims presentation requirement via this petition as to causes of action for negligence and premises liability that accrued September 5, 2022. The petition states that Petitioner was injured when the roof of her apartment located at or near 13 North N Street #134, Tulare, California 93274 (“Subject Property”) suddenly fell and landed on Petitioner's person. Petitioner indicates ...

Excerpt: ...or penalties under Labor Code sections 210, 226.3, 558, 1174.5, 1179.1 and 2699 against Defendants Best Buy Warehousing Lo g i s t i c s , LLC , B e s t B uy Stores, L.P., and Jesus Vargas . On April 4, 2023, Defendants filed a motion to compel arbitration and stay this matter . On May 9, 2023, the Court, pursuant to the arbitration policy presented by Defendants and Vikin g Rive r Cruises, Inc. v. Moriana (2022) 142 S.Ct. 1906, ordered Plaintiff...

Excerpt: ...s otherwise indicated, are undisputed . On or around August 2021, Plaintiff Ms. Godinez (“Plaintiff” or “Ms. Godinez”) started working as a cashier in the Visalia store. (UMF No. 1. ) W a lm a r t s t a t e s t h a t it s Vis a lia s t o r e r e q u ir e d c a s h ie r s t o c h e c k id e n t if ic a t io n o n a ll alcohol purchases. (UMF No. 2.) Walmart also states that its written policy entitled “Selling Alcohol & Tobacco Products ...

Excerpt: ... 9, 2021 while attending classes at Milan's campus in Visalia. P la in t if f a lle g e s t h a t w h ile w a lkin g t o h e r v e h ic le in t h e p a r kin g lo t , P la in t if f stepped into an empty planter bed, rolled her ankle, and fell due to a hazard posed by exposed, unguarded irrigation equipment. Plaintiff alleged a single cause o f a c t io n f o r p r e m is e s lia b ilit y . P la in t if f n o w s e e ks t o f ile a n a m e n d e ...

Excerpt: ...lawful detainer matter involving property located at 215 Plum Street, Exeter, CA, 93221 (the “Subject Property”), Defendant and moving party Jessica Juarez answered the complaint February 8, 2024 . This matter proceeded to trial on March 18, 2024. At 8:21 am on March 18, 2024, the Court received an email advising that Defendant Juarez was running late, but that she did not provide a estimated time of arrival or contact in f o r m a t io n . T...

Excerpt: ... presently incurred costs. On February 29, 2024, Plaintiff filed a supplemental declaration and points and authorities addressing these issues, as detailed below. Cla s s N o t ic e The settlement agreement provides no claim form will be required of class members to participate in distributions. Only those wishing to object or opt out must file notice with the settlement administrator. Objections or opt out notices are now to be made within 60 da...

Excerpt: ...Kaweah”) for elder abuse and neglect under Welfare and Institutions Code section 15600, et seq., violation of resident rights under Health and Safety Code section 1430(b) and for negligence based upon his admission to and care at Defendant's various facilities. Plaintiff also asserted these causes of action against a number of Doe Defendants . Plaintiff alleged, at the age of 67, he was admitted to Kaweah's general acute care hospital after hav...