Excerpt: ...obligation on the defendant: (1) To Live Stream 2‐3 times a week at 9:20 Eastern time for a few hours; (2) To post Watch lists 2‐3 times a week; (3) To work on Education materials (videos, PDF, etc) and (4) Post monthly Challenges starting at $500.00 for 30 days (month) to be reset and started again for the next 30 days. This agreement also contains a non‐competition clause. Plaintiff alleges that defendant failed to perform his duties unde...

Excerpt: ...d upon the removal of the subject property from the rental market. Plaintiff indicates that the agreement to rent the subject property was based on a written agreement made with the Plaintiff's predecessor in interest. The complaint also checks box 6.e. indicating that “A copy of the written agreement…is attached and labeled Exhibit 1.” However, no Exhibit 1 containing a copy of the written agreement was filed with the complaint. Last, the ...

Excerpt: ...es Alvarez, Raul Chavez, Jr., and Javier Fonseca. Defendant Visalia Tile, Inc. (VT) filed its three separate motions for summary adjudication against plaintiffs Alvarez, Chavez, Jr., and Fonseca on July 23, 2021. Each of plaintiffs Alvarez, Chavez, Jr. and Fonseca filed pleadings in opposition on October 13, 2021. Oddly, plaintiffs Ruben Marquez and Juan Barrera also filed virtually identical pleadings in opposition on October 13, 2021, despite t...

Excerpt: ...ltural spray rig owned by defendant Helena Agri‐Enterprises LLC's. Plaintiff Irma Rosas was a passenger in that vehicle. At the time of the collision Mr. Rodriguez was operating his automobile on cruise control at a speed of approximately 62 mph and never attempted to brake his car or slow down before colliding with defendant's rig. Mr. Cortes‐Rodriguez denies that he was using his cell phone at the time of the accident. Based on that scenari...

Excerpt: ...d class action representative, and defendant United Ag Personnel Management, Inc. The proposed settlement would resolve various wage and hour claims arising under the Labor Code, Business and Professions Code and the Private Attorneys General Act (“PAGA”) of a proposed class defined as follows: “all current or former nonexempt, hourly paid employees of United Ag Personnel Management, Inc., who were employed in California and worked for Agri...

Excerpt: ...ject right of way, for a cul‐de‐sac at the termination of Avenue 128, for a PG & E electrical easement, and for LTRID irrigation canal easements. To meet project deadlines and allow for timely delivery of the planned infrastructure included within CP 2‐3, the State contends that it requires prejudgment possession of the defendant's farmland as soon as possible, but to comply with all statutory notice requirements, the State is requesting po...

Excerpt: ...Ceramic Tile, Inc. Tentative Rulings: Both defendant's motions for summary judgment, against plaintiffs Ascension Peraza and against Jeffrey McKeehan, are granted. There is no tentative ruling on the merits of plaintiffs' class certification motions at this time. Hearing on plaintiffs' class certification motions is continued to November 4, 2021, at 8:30 AM, in Department 1. Defendant's motions for summary judgment Both plaintiffs' complaints all...

Excerpt: .... Plaintiff contends that the City of Dinuba's liability arises out of a malfunctioning crosswalk signal at the intersection where the accident occurred. As this is a wrongful death action based on the death of an 87‐year‐old retiree, plaintiff does not claim a loss of earnings, medical expenses, or general damages. Plaintiff's asserted damages are limited to the loss of Mr. Millard's love, companionship, care, assistance, society, moral supp...

Excerpt: ...has complied with the provisions of California Rule of Court 3.1362(d) as to the service of the moving papers for this motion on the plaintiffs. The Court has not received any response to this motion. CCP §284 provides that “The attorney in an action or special proceeding may be changed at any time before or after judgment of final determination, as follows: 1. Upon the consent of both client and attorney, filed with the clerk, or entered upon...

Excerpt: ... below. Plaintiffs should not submit the entire motion and initial declarations a second time. The information is minimal, so a relatively short continuance is being provided. The hearing on this motion shall be continued to December 2, 2021, at 8:30 am in Department 1 of this court. Insufficient information has been submitted as to various provisions of the settlement agreement for the court to make the merits evaluation required by Kullar v. Fo...

Excerpt: ...endant Walmart Inc. (2) To deny plaintiffs' motion for summary adjudication. I. Defendants' Motion for summary judgment or adjudication A. Judicial notice; Defendant's evidentiary objections Defendants request the court take judicial notice of (a) plaintiffs' complaint filed in this action, (b) defendants' answer, and (c) the death certificate of decedent Rolando Esquivel Soto. Plaintiffs request the court take judicial notice of (d) the ruling o...

Excerpt: ...ment 1 of this court. CMC is taken off calendar. The class is defined as “all current and former non‐ exempt California employees who were paid overtime wages by Defendant at any time from February 13, 2019 through October 1, 2019.” The court finds that sufficient information has been submitted as to various provisions of the settlement agreement for the court to make the merits evaluation required by Kullar v. Foot Locker Retail, Inc. (200...

Excerpt: ...hall file his third amended complaint within twenty days from this ruling: (2) Defendant Nichole S. Atherton, MD's motion to strike portions of plaintiff's second amended complaint is rendered moot by this court's ruling as to defendant's demurrer to plaintiff's second amended complaint. Case Management conference is continued to December 16, 2021; 8:30 am; D1. OVERVIEW This is an action brought by Loren Sansom (hereinafter “Loren”) as an ind...

Excerpt: ...laintiff's counsel is to provide a revised order. The court finds that sufficient information has been submitted as to various provisions of the settlement agreement for the court to make the merits evaluation required by Kullar v. Foot Locker Retail, Inc. (2008) 168 Cal.App.4th 116, 129. 1. Sufficiency of Amount of Settlement ($1,500,000) The gross settlement amount is $1,500,000. Plaintiff estimates the total number of class members is 3200. Pl...

Excerpt: ...s raised below. Plaintiffs should not submit the entire motion and initial declarations a second time. Case Management Conference is likewise continued to the November 18, 2021 date. Insufficient information has been submitted as to various provisions of the settlement agreement for the court to make the merits evaluation required by Kullar v. Foot Locker Retail, Inc. (2008) 168 Cal.App.4th 116, 129. The identity of this class is “All non‐exe...

Excerpt: ...entative Rulings: (1) To grant defendant Ruan Transport Corp.'s motion to compel verified responses, without objection, to form interrogatories‐general, special interrogatories, and request for production (sets one). Plaintiff shall provide full and complete verified responses without objection to defendant's first sets of form and special interrogatories, and first demand for production of documents within thirty days after service of the noti...

Excerpt: ...er mistake, inadvertence, surprise, or excusable neglect.” Here, plaintiff American Express National Bank obtained a court judgment against defendant Julie Clemmons, aka Julie A. Clemmons on July 23, 2021 only to subsequently learn the next day that the defendant had filed bankruptcy on July 21, 2021, before the judgment had been obtained. Accordingly, the court finds that plaintiff's obtaining judgment against the defendant after she had alrea...

Excerpt: ...ritten settlement agreement on March 16, 2017 that provided that judgment for $11,320.00 would not be entered against Mr. Garza if he paid to Bank of America a minimum of $75.00 monthly from March 20, 2017 through August 20, 2018 followed by a minimum of $150.00 from September 20, 2018 until the balance of $11,320.00 was paid in full. The agreement further provided that in the event of default that Bank of America could move for a judgment for wh...

Excerpt: ...ramic Tile, Inc.'s motion to deem requests for admissions, set two, to plaintiff Jeffrey McKeehan. The facts and allegations set forth in Request for Admissions 19‐107 of defendant's second set of requests for admissions to plaintiff Jeffrey McKeehan shall be deemed admitted. Plaintiff Jeffrey McKeehan shall also pay monetary sanctions in the amount of $660.00 in fees and costs to defendant's counsel within thirty days after service of the noti...

Excerpt: ...e Rulings: (1) There is no published tentative ruling for the substantive portion of these motions. It appears that Plaintiff has produced the requested discovery. The court's tentative ruling regarding sanctions is $660.00 in fees and costs for each motion. Exhibit “A” to the declarations of Nick Pritchett filed in support of each of these discovery motions indicate that on March 22, 2021, defendant served his first set of form interrogatori...

Excerpt: ...laration filed along with their demurrer and motion to strike, are sufficient under the circumstances for this court to find defendants sufficiently complied with the requirements of Code of Civil Procedure sections 430.41 and 435.5. Plaintiff has not, as of the court's last review, filed any opposition to the demurrer or motion to strike. 1. Demurrer Defendants demurrer to plaintiff's complaint on the grounds that the complaint fails to state a ...

Excerpt: ...e involving this same defendant: Tulare County Superior Court Case No. VCU282277. Specifically, this court notes, as set forth in its order from the prior hearing on this motion, that the stipulation in the other case recites that both defendants in that case, one of whom is the defendant in this case, have indicated they collectively lack the financial ability to finance a possible class and/or PAGA settlement or judgment of the claims in that c...

Excerpt: ...easonably arising by implication must be accepted as true. Couglas v. E. & J. Gallow Winery (1977) 69 Cal.App.3d 103, 114. An exception, however, is that the general rule is limited to those material facts properly pleaded and does not apply to conclusions of fact or law. Moore v. Regents of University of California (1990) 51 Cal.3d 120, 125. For example, a bare allegation that an act is illegal, unlawful, unauthorized, wrongful, or fraudulent is...

Excerpt: ... California. On the day of this delivery, Mr. Gonzalez was struck when one or more hay bales fell on him as he was trying to unload these hay bales at AC Enterprises. Mr. Gonzalez contends that his injuries were the result of the failure of Hettinga's employees to cross-bale the stacked hay that would be within the standard of care to stack hay. Hettinga asserts that it delivered these hay bales as it routinely did, and that plaintiff caused his ...

Excerpt: ... on preliminary approval shall be set for October 7, 2021; 8:30 am; Dept 1. The parties need not file for a second time the moving papers and declarations already on file with the court. Plaintiff Nereida Barela moves for an order (1) preliminarily approving a class action settlement of various wage and hour, and meal and rest period, claims, as well as related claims alleging violation of Business and Professions Code section 17200, et seq.; (2)...