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: ...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)...

Excerpt: ...documents the efforts undertook by plaintiff's counsel to discuss with the defendant the issues raised in this motion for judgment on the pleadings. CCP §439 requires that (a) before filing a motion for judgment on the pleadings pursuant to this chapter, the moving party shall meet and confer in person or by telephone with the party who filed the pleading that is subject to the motion for judgment on the pleadings for the purpose of determining ...

Excerpt: ...be distributed to the LWDA consistent with the Settlement Agreement and the remaining 25% paid to the aggrieved employee to be determined by dividing the number of pay periods he or she worked during the PAGA period by the total aggregate number of pay periods and then multiplying this amount by the PAGA Aggrieved Employee payment. The court approves the gross settlement and the manner of distribution to the LWDA and the aggrieved employees. The ...

Excerpt: ..., the petition is procedurally deficient and the requested transfer is unreasonable and not in the best interests of payee Skyler Castillo. Here, payee seeks to transfer payments of $30,000.00 due to him on April 8, 2025 from a structured settlement created for a personal injury claim. The compensation for this transfer is $15,000.00 with a discount rate of 19.11% The petition indicates that payee is 27 years old, single, no dependents, and has n...

Excerpt: ...ng be submitted in advance of this hearing: (1) PAGA counsel to supplement their declarations to set forth the lodestar method utilized to warrant requested attorney fees and an itemization showing how requested costs were calculated; (2) a non-hearsay declaration from plaintiff itemizing the duties she performed and time invested in this matter to justify the requested enhancement payment; and (3) a non-hearsay declaration from the settlement ad...

Excerpt: ...efendant Mary Correa (“Mary”) has failed to perform obligations required of her under the agreement. Francisca seeks an order to enforce the settlement agreement under CCP 664.6. Francisca's prior two motions were denied by the court, without prejudice for an insufficient showing that Mary has refused to comply with the settlement terms. The settlement agreement relied on by Francisca provides that Mary will convey her interest in the subject...

Excerpt: ...roval 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. Updated declarations shall be filed at least 10 court days prior to the next hearing date. Plaintiffs move for: (1) preliminary approval of their proposed class action settlement with defendant USA Waste of California, Inc; (2) provisional certification of a proposed settlement cla...

Excerpt: ... review of the contract attached to plaintiff's complaint appears to have imposed the following 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 ...

Excerpt: ...inary approval shall be set for September 16, 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 moves for preliminary and conditional approval of a proposed class action settlement between plaintiff Rubio Chaidez, the proposed class action representative, and defendant United Ag Personnel Management, Inc. The proposed settlement would resolve various wag...

Excerpt: ...rrogatories, set one, special interrogatories, set one, and request for production of documents set one. Plaintiff Jeffrey A. Brown dba Brown Security shall provide full and complete verified responses to these interrogatories and inspection demand without objection within thirty days from the service of the notice of this ruling. Plaintiff shall also pay monetary sanctions in the amount of $500 in fees and $90 in costs, for each motion, to defen...

Excerpt: ... on general negligence and premises liability arising from an alleged slip and fall injury at a Costco store location. Plaintiff Jorge Saavedra, on behalf of Citali Saavedra, a minor, commenced this action June 5, 2020, against defendant Costco Wholesale Membership, Inc., and Doe defendants 1 – 25. Trial is presently scheduled for August 16, 2021. Defendant's motion for summary judgment, or, in the alternative, summary adjudication, and pleadin...

Excerpt: ...ary Approval shall be set for September 2, 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 moves for preliminary approval of a proposed class settlement, provisional certification of a settlement class described in the motion, appointment of the class representative, appointment of class counsel, scheduling of a hearing on final approval of the settlem...

Excerpt: ... in Department 1 of this court on November 4, 2021, at 8:30 AM. This is a continued hearing on plaintiff's motion for preliminary approval of a proposed class settlement, as well as provisional certification of a settlement class described in the motion, appointment of the class representative, appointment of class counsel, scheduling of a hearing on final approval of the settlement, appointment of a third-party settlement administrator, and appr...

Excerpt: ...s scheduled in Department 1 of this court on November 18, 2021, at 8:30 AM. This is a continued hearing on plaintiff's motion for preliminary approval of a proposed class settlement, as well as addition of Costamanga Farms 1 and E & C Farms, LLC as defendants, provisional certification of a settlement class described in the motion, appointment of the class representative, appointment of class counsel, scheduling of a hearing on final approval of ...

Excerpt: ...Court 3.1345 (a) requires that any motion involving the content of a discovery request or the responses to such a request must be accompanied by a separate statement. The motions that require a separate statement include a motion are: (1) To compel further responses to requests for admission; (2) To compel further responses to interrogatories; (3) To compel further responses to a demand for inspection of documents or tangible things; (4) To compe...