Excerpt: ...ue is proper because the defendant entered into a contract here, the contract was to be performed here and real property that is the subject of this a c t io n is lo c a t e d h e r e . Damages of $150,000 are sought. The complaint [1 ] contains a second cause of action for breach of covenant of good faith. Here, Plaintiff alleges “The written lease, like all contracts…contains an implied covenant of good faith and fair dealing.” (Complaint...

Excerpt: ...ely 6,000 proposed Class Members, providing an estimated average payout of $22.83 per member. The Class Members consist of: “All current and former non- exempt employees of Defendant Flores Ag Services, Inc. who worked at least one shift performing work for Defendant S.C. Critchley, Inc. dba Critchley Family Farms in California at any time from November 9, 2018 through January 3 1, 2024. (“Class Period”). (collectively the “Settlement Cla...

Excerpt: ...3 admitting all statements in the complaint are true and providing no exceptions thereto, but stating “Impossibility or impracticability due to COVID. Job was no longer the same. Lost Job. Unable to give payment Paragraph #14 ” On April 24, 2024, Plaintiff filed this motion for judgment on the pleadings on the basis that Defendant's answer did not deny that the money was owed to Plaintiff. Notice of this motion as mailed to the address indica...

Excerpt: ... April 12, 2024, the Court ordered admissions, set one, numbers 1 through 5 admitted as follows : 1. Defendant had a credit account number XXXXXXXXXXXX8443 issued by CAP ITAL O N E, N .A . 2. Defendant received periodic statements regarding credit account number XXXXXXXXXXXX8 4 4 3 is s u e d b y C AP IT AL O N E, N . A 3. As of October 16, 2023, the balance owe d by Defendant on credit account number XXXXXXXXXXXX8443 was $5,296.82 . 4. No paymen...

Excerpt: ..., Plaintiff, individually and as the surviving 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 D ISTRICT d b a ...

Excerpt: ...ess. On March 11, 2024, Defendant Kaweah Delta Health Care District (“KDHCD” or “the District” or “Defendant”) filed this motion for summary judgment, or in the alternative, summary adjudication. Fa ct s KDHCD wholly owns and operates Kaweah Health Medical Center and owned and operated Kaweah Health Medical Center during the periods identified in P la in t if f s Fir s t Am e n d e d Co m p la in t . (UM F N o . 1 .) The District's po...

Excerpt: ...fendant Alvaro Torres negligently operated a 2017 Ford F -250 with Ca lif o r n ia lic e n s e p la t e 4 5 1 1 C2 (“Su b je c t Ve h ic le ”) t h a t c o llid e d w it h D e c e d e n t 's vehicle causi ng Decedent's death. (FAC ¶ 2, 3, 4, 17, 18. ) Plaintiffs allege that demurring and moving Defendant Mauricio Torres was a passenger in the Subject Vehicle at the time of the collision. (FAC ¶ 19. ) Plaintiffs allege that on April 3, 2024, ...

Excerpt: ...the date of this ruling . Fa ct s Plaintiff Ecure “does business with emergency medicine practice groups, including b u t n o t lim it e d t o N ES H e a lt h (“N ES”), w h o a r e r e s p o n s ib le f o r p r o v id in g lif e s a v in g healthcare services on an emergency basis to members of Defendant's health care service pl an and health insurance plan.” (FAC ¶ 8. ) Defendant Blue Cross of California is a health service plan subject...

Excerpt: ...urton is noted as a defendant and the complaint alleges venue is proper because the defendant entered into a contract here, the contract was to be performed here and real property that is the subject of this action is located here. Paragraph 8 states “the following causes of action are attached” and Plaintiff checked the boxes for breach of contract and other, indicating breach of covenant of good faith and fair dealing, breach of covenant of...

Excerpt: ... continuing hearing on this motion for approval of PAGA settlement, the Court noted that, although it previously sought supplemental information to adjudicate this motion, none had been filed by the May 7, 2024 date. However, the Court's review of the file as to this hearing reveals supplemental documents filed May 2, 2024, that the Court had not previously reviewed. The Court has now examined those filings and rules as follows. The Court previou...

Excerpt: ...stiansen, a professional architect, for two causes of action: breach of contract and p r o f e s s io n a l n e g lig e n c e . On November 9, 2015, Kaweah, a public entity, contracted Christiansen to provide architectural services for Kaweah's Acequia Wing 5 th and 6 th Flo o r In f ill project. (Complaint ¶ 13 – Ex A ) On July 7, 2016, the Construction Documents prepared by Christiansen, including his design plans, were submitted to the Offi...

Excerpt: ...91.1 within thirty (30) days; to make a prefiling order pursuant to Code of Civil Procedure section 391.7; (2) To reserve a ruling on the demurrer based upon the automatic stay under Code of Civil Procedure section 391.6 . (1 ) M o t io n t o D e c la r e P la in t if f Ve xa t io u s Lit ig a n t Fa ct s Defendant seeks to have Plaintiff declared a vexatious litigant based upon Plaintiff's filing of four lawsuits since May 2022 in counties other...

Excerpt: ... herself in this matter on April 12, 2024 . The complaint alleges professional negligence against counsel in an active, pending dissolution of marriage matter, Case No. VFL283349. Plaintiff's current counsel is “attempting to correct or mitigate Defendant's alleged negligence. [¶ 10 De c. MLF.] If P la intiff's current counsel is successful, this current professional negligence matter may be resolved or at least damages will be fixed. ...

Excerpt: ...lained below, that the petition must be denied. Accordingly, the court need not consider petitioner's request for attorney fees or costs, each of which, amongst other things, depend on Mora prevailing on the merits of h is p e t it io n . The DMV decision at issue occurred as a result of the following process defined in the Vehicle Code: First, the DMV received a sworn statement —a “21 and Older Officer's Statement” —from an officer who a...

Excerpt: ...le to (1) through (3) On January 22, 2024, the Plaintiffs filed a complaint . On April 19, 2024, the Plaintiffs filed a Motion for Reimbursement of Costs against (1) Team Eric Mora Real Estate, (2) Jaz Dhillon, and (3) Davis Manufactured Homes . There has been no proof of service filed for any defendant . Only (1) Defendant Team Eric Mora Real Estate has answered . Only (3) Davis Manufactured Homes has filed an opposition to this motion. Authorit...

Excerpt: ...t Parnell asserts a derivative cause of action for loss of consortium. Plaintiff initially sued Kaweah and Does 1 through 100 . Plaintiff thereafter amended the complaint to add Does 1 through 3 as follows: BASS Medical Group, Inc. (Sued as DOE 1), South Valley Vascular Associates, Inc., (Sued as DOE 2) and Joyce Lu, M.D., (Sued as DOE 3) (collectively “Defendants” hereinafter. ) Defendants move for summary judgment based on the following fac...

Excerpt: ...mplaint filed no later than ten (10) days from the date of this hearing. (1 ) Fa ct s On April 27, 2023, Plaintiff filed a complaint 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 amend...

Excerpt: ...by the County of Tulare . Petitioner's facts are generally stated as follows : On Fe bruary 26, 2019, an RMA Code Enforce me nt Office r pe rsonally se rve d Petitioner with an abatement warrant dated February 21, 2019 and proceeded to abate all of Petitioner's and family's personal property . On September 23, 2019, RMA Officer Hector Ramos Jr. served Petitioner with a notice which demanded payment in the sum of $86,722.95, for the cost of the ab...

Excerpt: ...the petitioner and the respondent to arbitrat e the controversy if it determines that an agreement to arbitrate the controversy exists, unless it determines that: (a) The right to c o m p e l a r b it r a t io n has been waived by the petitioner; or (b) Grounds exist for the revocation of the agreement.” (C o d e C iv . P r o c . § 1 2 8 1 . 2 (a ), (b ). ) (e m p h a s is a d d e d . ) The motion to c o m p e l a r b it r a t io n r e q u ir ...

Excerpt: ...chez, causing his death, and, further, that the failures of care were so egregious as to constitute elder abuse. They further allege v io la t io n s of various of t he ir fathe r's st atut ory rights as a re side nt of a skille d nursing facility pursuant to subdivision (b) of Health and Safety Code section 1430 (Section 1430(b)). Defendants College Operations, LLC, dba Dinuba Healthcare (Dinuba) and Madison Cre e k Part ne rs, LLC move for summ...

Excerpt: ...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 that would otherwise be barred as of January 1, 2020, because the applicable statute of limitations, claim presentation ...

Excerpt: ...on with W. Compton Avenue in the city of Pixley, California, when a vehicle owned by Defendant Mario Abundez, and driven by Defendant Palm ira Abundes, traveling on W. Compton Avenue, failed to stop at a marked stop sign and struck Plaintiff's vehicle, resulting in injuries and damages to Plaintiff. Defendant Palmira Abundes, and DOES 1 to 20, inclusive, negligently operated her motor vehicle by, including but not limited to, failing to keep ...

Excerpt: ...iner matter, concerning property located at 1200 S. Aster Avenue, Lindsay, CA 93247 (“Subject Property”), was filed April 2, 2024 . The Court notes this matter involves a commercial lease. (Complaint - Ex. 1 ) On April 5, 2024, Plaintiff filed proofs of service indicating substitute service on Defendants Denis and Jean Bonifillio via “JOHN DOE. Age: 40; Ethnicity: Caucasian; Gender: Male; Weight 225; Height: 5'1 0"; Hain Brown; Eyes...

Excerpt: ...3, 2024. The minute order notes “Plaintiff's Counsel notes trial date must be set within 120 days and requests trial set.” The Court notes that 120 days from the case management conference would be approximately July 24, 2024. Defendants seek to continue trial on the basis of a missing indispensable party, Plaintiff Josefina Lara Perez Rivera in Case No. PCU306657, who was a passenger in the same vehicle as the Plaintiffs in this matter, and ...

Excerpt: ...urt need not consider petitioner's request for attorney fees or costs, each of which, amongst other things, depend on Mora prevailing on the merits of his petition. The DMV decision at issue occurred as a result of the following process defined in the Vehicle Code: First, the DMV received a sworn statement —a “21 and Older Officer's Statement” —from an officer who arrested Mora in which the officer asserted he had reasonable cause to beli...