Excerpt: ...he operative complaint failed to allege the requisite compliance because of two contradictory paragraphs: “12. Prior the initiation of this lawsuit, Plaintiff timely served tort claims in accordance with Government Code §§ 910 and 911.2.” “14. Plaintiff Destiny Lopez mailed claims for damages to the City of Visalia and the County of Tulare on October 6, 2021. Neither the City nor the County provided Plaintiff with a written response to th...

Excerpt: ...oses came on for hearing on February 6, 2024. The court finds and rules as follows: On July 27, 2023, the settlement administrator, Apex Class Action, LLC, received a mailing list of 91 potential class members from Defendant's counsel with names, contact information, social security numbers and relevant employment information. On August 9, 2023, after the administrator processed the names through the National Change of Address Database and update...

Excerpt: ...epair facility on nine (9) different occasions. Plaintiff filed this lawsuit in December 2022, alleging violations of the Song-Beverly Act. The matter resolved for $90,447.18 via an accepted section 998 offer, plus recovery of attorneys' fees and costs pursuant to this noticed motion. Plaintiff argues that it engaged in atypical litigation activities including a motion to compel deposition of person most qualified, a motion to deem admissions adm...

Excerpt: ... CVT/Colburn's Motion for Attorney Fees as to Madrigal Facts On July 7, 2023, Plaintiffs' counsel filed a request for dismissal of Madrigal only. No notice of entry of dismissal was served. On July 27, 2023, Plaintiff Silva accepted Defendants' section 998 offer. On November 2, 2023, this Court entered judgment in favor of Plaintiff Cortez in the total amount of $25,282.48, inclusive of stipulated interest and liquidated damages. Notice of entry ...

Excerpt: ...int filed July 25, 2023. The complaint alleges breach of contract between Plaintiff Alice Terry and Defendants Derrick Gray. The contract alleged breached appears to be a settlement agreement executed after mediation in Case No. VCU291133. The complaint in this matter alleges “Case [VCU291133] was to be completed within 30 days of mediation in January. They Never mentioned wanting title insurance on all of title. According to court Everything s...

Excerpt: ... August 15, 2023, this is an action for eminent domain where the State, acting through the Department of Transportation (“Plaintiff”) seeks a partial acquisition of approximately 2.60 acres or 113,256 sf of fee simple interest, to include 0.91 acre/39,802 sf in fee (Parcel 88192-1), 0.02 of an acre/796 sf in fee (Parcel 88192-2), and 1.67 acres/72,745 sf in fee (Parcel 88192-3) Caltrans also seeks to acquire 0.34 of an acre/14,817 sf of under...

Excerpt: ...intends to adopt its tentative ruling originally issued January 26, 2024, as set forth below: The Court intends to overrule the demurrer on the abatement argument, to sustain the demurrer with leave to amend as to the first, second, third, fifth and sixth causes of action on the standing argument, to provide Plaintiff ten (10) days from this hearing to file an amended complaint as to standing and to overrule the demurrer as to the fourth cause of...

Excerpt: ...purchase of undeveloped real property form Defendants subject to a number of agreements and assignment of the rights under those agreements. In September 2020, Defendants Donahue Schriber Realty Group, L.P. and Donahue Schriber Asset Management Corporation (collectively “Donahue Schrieber”) as seller, entered into a purchase and sale agreement and joint escrow instructions (the “PSA”) with Salim Development Group, as buyer, for a parcel o...

Excerpt: ...ion for relief from default. In support, Defendant checks the box for inadvertence and oversight, states alleged meritorious defenses, states “I did not understand that I had to respond to the Plaintiff's papers in five days…” Notice appears properly made to Plaintiff's attorney via voicemail. Authority and Analysis As to the motion for relief from default judgment, it must be made within a reasonable time, not to exceed six months, after t...

Excerpt: ... be made at any time after the answer is filed upon giving five days notice.” (Code Civ. Proc., § 1170.7.) Castellanos served her pleadings in support of the motion on Friday, January 26, 2024, five days (three court days) ahead of the date set for hearing and for trial. Defendant's motion Castellanos contends plaintiff inaccurately stated the amount of rent due in his notice to pay rent or quit and that the notice was, therefore, defective. C...

Excerpt: ... attaches the Notice as Exhibit 2 and the proof of personal service on both Defendants as Exhibit 3. The Notice names the Defendants, states the address of the Subject Property, states an amount of rent due as $770, states the time, manner and place of payment of rent via Plaintiff's attorney and its office, provides three days to bring the rental amount current and is executed by the Plaintiff's trustee. The Notice was served personally on Decem...

Excerpt: ...intiffs presented the Subject Vehicle to GM's authorized repair facility on four (4) different occasions. Plaintiff filed this lawsuit in August 2020, alleging violations of the Song-Beverly Act, breach of express and implied warranties and fraud by omission. The matter resolved for $17,500 (the approximate amount equivalent to a repurchase under the Act) plus recovery of attorneys' fees and costs pursuant to this noticed motion. Plaintiff notes ...

Excerpt: ...he same evidentiary issues identified below, was made by Defendant on demurrer. The Court overruled the demurrer. Defendant answered the complaint on January 22, 2024. Defendant thereafter filed this motion for judgment on the pleadings. The complaint attaches a three day notice (“Notice”) (Exhibit 2) and proof of service thereof (Exhibit 3) that indicates service of the Notice was made to Defendant personally and by posting and mailing to th...

Excerpt: ...e County resulting in the deaths of plaintiff's wife, Elizabeth Montes Lopez Paola, and two young children, Jorge Arafat Alvarado Montes and Dorian Santino Alvarado Montes. In the initial complaint filed July 2, 2021, plaintiff sued Roberto Barron Vejar, the alleged driver of the vehicle involved in the accident; Adelmira Sanchez, who allegedly owned and entrusted the vehicle to Vejar; and fictitiously named “Doe” defendants “1 to 50.” On...

Excerpt: ...es is beyond the time prescribed for hearing and service under Code of Civil Procedure section 473c. Defendant seeks an order shortening time to permit Defendant to Þle and serve its motion by January 12, 2024 and for the hearing on to take place on March 18, 2024. Defendant seeks to shorten the 75- day notice period under Code of Civil Procedure section 473c(a). The moving declaration states: “Amazon respectfully requests an Order Shortening ...

Excerpt: .... On January 20, 2023, the Court held a Case Management Conference in this action and set a trial date for November 6, 2023. First Application to Continue Trial On July 7, 2023, Plainti
¯ Þled an ex parte application to continue trial. The basis for this Þrst application appears to center on extensions in May 2023 for discovery responses by Defendants Magana and Camacho. Additionally, “Plainti
¯'s learned defense counsel had encountered sig...

Excerpt: ...ication was Þled by Anthony Longabordo on October 16, 2023. The Court's Þle contains no other opposition to this motion. The Court's Þle contains a reply timely Þled January 3, 2024, and objections to the declaration of Longabardo declaration Þled January 5, 2024. Material Facts The complaint initially Þled in Case No. VCU285270 by Plainti
¯ PaciÞc Properties Sales & Management, Inc. seeks declaratory relief based upon a written document ...

Excerpt: ...luding this complaint, at least two others have been Þled in Tulare County under Case No. VCU297757 (Plainti
¯ Fernando Murillo), and Case No. VCU296678 (Plainti
¯ Satnam Singh.) (Initial Declaration of Waghalter ¶2.) Additionally, another Plainti
¯, Rebecca McCormick, has Þled a lawsuit regarding the above incident in Los Angeles County, under Case No. 23SMCV04034 (the Los Angeles Action.) (Initial Declaration of Waghalter ¶2.) Defendant,...

Excerpt: ...urth cause of action. Facts Plainti
¯ Rosa Madrid “individually and as representative of the ESTATE OF FRANCISCO PONCE, JR. and the heirs of the ESTATE OF FRANCISCO PONCE, JR” Þled this complaint on April 5, 2023, as to the treatment and death of her son while in custody as a prisoner. (Complaint ¶5.) Plainti
¯ alleges the following causes of action: 1. Deliberate Indi
¯erence to Serious Safety Needs - 8th and 14th Amendment (42 U.S.C. �...

Excerpt: ...fendant to pay $6,000 by January 8, 2024, $1,000 by January 12, 2024, $5,200 by February 3, 2024, $423.50 by February 28, 2024 and $423.50 by March 30, 2024. Defendant also agreed to pay March 2024 rent when due. On January 11, 2024, Defendant Þled this ex parte motion to “set aside default.” The motion appears to seek to set aside the stipulation. Defendant states, “didn't thoroughly understand” and appears to indicate that some payment...

Excerpt: ...in the performance of certain dental implant treatment. As to the third cause of action for fraudulent misrepresentation, Plaintiff seeks "reasonable attorneys' fees and costs" and on all causes of action "for attorneys' fees authorized by law." The first amended complaint also states: "14. The actions of Defendant Redwood Family Dentistry and its associated dentists, particularly Dr. Jessy Malli, D.D.S., constitute a clear violation of the Calif...

Excerpt: ... schedule: Defendant agrees to pay Plaintiff a minimum of $200.00 due on or before 5/31/2023, then a minimum of $200.00 due by the 30th day of each and every month thereafter beginning 6/30/2023, until Defendant has paid the total judgment amount. The stipulation also prov-des that Defendant agrees to pay any first appearance fee should Plaintiff file the stipulation. The stipulation does not provide for any other costs. Defendant made two initia...

Excerpt: ... the hearing were made by either party and the Court sent notice of its ruling by mail the same day. On December 7, 2023, Defendant moved this Court ex parte to dismiss the matter for failing to timely amend the complaint. The Court then set this matter for noticed moton on January 4, 2024 date. The Court then continued the matter to this date and is hearing this motion simultaneously with the moton to expunge lis pendens. Defendant states that t...

Excerpt: ...ms pending arbitration. Background Facts In this matter, Plaintiff, on behalf of himself and other persons similarly situated, brings various causes of action for violations of California's Labor Code and unfair competition laws on a class wide basis, and for violations of the Private Attorneys General Act (PAGA). Plaintiff has named as defendants Shannon Bros. Co and SBC U)gistics, Inc. Defendants, collectively, move for an order compelling arbi...

Excerpt: ...aintiffs presented the Subject Vehicle to GM's authorized repair facility on three (3) different occasions. Plaintiff filed this lawsuit in June 2020, alleging violations of the Song-Beverly Act, breach of express and implied warranties and fraud by omission. The matter resolved via settlement and Plaintiffs move for recovery of attorneys' fees and costs pursuant to this noticed moton. Plaintiff notes that it engaged in what the Court considers t...