Excerpt: ...s Labor Code violations as well as for enforcement of Labor Code section 2698 or PAGA against Defendant National Diversified Sales, Inc. Defendant, on March 21, 2023, filed an answer containing an affirmative defense as to arbitration. Defendant now moves the Court to compel arbitration as to Plaintiff's operative amended complaint. In response, Plaintiff indicates consent to arbitrate the individual PAGA claim, but seeks to stay this achon as to...

Excerpt: ...Also on April 28, 2023, Defendants filed this motion to amend the answer to add defenses of statute of limitations and comparative fault of third parties. No opposition was filed to this motion. Authority and Analysis The Court may, in furtherance of justice, and on such terms as may be proper, allow a party to amend any pleading. (Code Civ. Proc., SS 473, 575.) Judicial policy favors resolution of all disputed matters between the parties and, th...

Excerpt: ... after falling over in his wheelchair on the basis of dangerous condition on public property, premises liability, negligence and other causes of action against Defendants City of Tulare and CRD Construction. The City cross-complained against Todd Holmes and CRD Construction. CRD in turn cross-complained as to Holmes Properties, LLC and Taylor Cement ("Taylor"). Relevant to this demurrer, Holmes Properties LLC then cross-complained against Taylor ...

Excerpt: ...emurring defendants, with leave to amend in accordance with the discussion below. Introduction Two of several defendants, the California Municipal Finance Authority (CMFA) and FortiFi, demurrer to plaintiff Raquel Cardenas-Mariscal's complaint alleging fraud in connection with a residential solar panel system transaction. Background Cardenas identifies herself as a 61-year-old Spanish-speaking woman, with a third-grade education level and with no...

Excerpt: ...posed Net Estimated: The gross settlement amount is $ $250ßW. Plaintiff estimates approximately 280 proposed Class Members, providing an estimated average payout of $400 per member. The Class Members consist of all persons currently or formerly employed by CT Commodities as non- exempt employees in the State of California at any time from January 29, 2017 to August 27, 2022. Plaintiff alleged causes of action for: (1) Inaccurate Wage Statements ...

Excerpt: ...property damage to a vehicle insured by Plaintiff State Farm Mutual Automobile Insurance Company. Plaintiff filed its Complaint in this Court in 2010, alleging that as a direct and proximate result of the negligence of Defendant, damages resulted to Plaintiff's insured's vehicle. Plaintiff, under the policy, paid to its insured the sum of and became subrogated to that amount. Judgment was entered May 6, 2013 in favor of Plaintiff against Defendan...

Excerpt: ...filed its fourth amended complaint alleging causes of action for fraud, conspiracy, breach of contract and unfair competition against Defendant Rangel, amongst others. Plaintiff, on December 29, 2022, served Supplemental Interrogatories Set No. 1 and Supplemental Requests for Production of Documents, Set No. 1 on Defendant Rangel. Responses were due no later than February 7, 2023. As of the date of this motion, no responses have been received. Au...

Excerpt: ...supplemental declarations as to notice period, lodestar information and current costs expended. On May 18, 2023, counsel submitted supplemental declarations addressing these issues. Class Notice The settlement agreement provides no claim form will be required of class members to participate in distributions. Only those wishing to objector opt out must file notce with the settlement administrator. Objections or opt out notces are now to be made wi...

Excerpt: ...n to strike as to the punitive damages claim moot; to deny the motion to strike as to the references to "felon;" (3) To deny the motion to permit judicial notice/adjudicate a motion to strike beyond the limitations in Code of Civil Procedure section 92. Facts Common to (1), (2) and (3) On February 1, 2023, Plaintiff Beams filed this limited civil action for conversion against Defendant Howard involving the refusal to return a vehicle valued at $7...

Excerpt: ... should be estopped from asserting a defense applicable to public entities as to three of six causes of action on the basis that "Even though defendant KAWEAH is a public entity, plaintiff was not aware of this fact when he was employed by defendant KAWEAH. Here, defendant KAWEAH did not inform plaintiff that it was a public entity and should be estopped from alleging that it is a public entity." (First Amended Complaint ("FAC") at 3:4-26.) Plain...

Excerpt: ...nt of $11,001.90. Defendant answered the complaint on February 8, 2023 with the following: "l agree that the amount of $11,001.90 is owed to Capital One Bank (USA), NA" and sought a payment plan to resolve this matter. On April 18, 2023, 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 indicated on Defend...

Excerpt: ...ligence and premises liability case involving an explosion due to a propane leak at 38119 Balch Park Road Springville, CA 93265. ("Subject Property"). Defendant Farr Jr. is alleged to be the Subject Property's owner and operator. This matter was filed in 2021. Plaintiff is currently represented in pro per. On March 16, 2023, this Court granted Defendant Farr Jr.'s motions to compel discovery and to deem admissions admitted. The Court ordered resp...

Excerpt: ...e and indicated that the parties agreed that Plaintiff will pay $1,000 each month to Defendant beginning April 1, 2023. Plaintiff filed a notice of conditional settlement April 8, 2022 indicating dismissal by July 22, 2022 "unless deployment interferes." No dismissal appears to have been filed. On February 28, 2023, Plaintiff filed an ex parte application to stay this action pursuant to 50 united States Code section 3932(b), as Plaintiff is an ac...

Excerpt: ...le (VCT), Visalia Tile (VT) and American Ceramic Tile & Supply (ACT) alleging various wage and hour claims. Plaintiffs further allege defendants' business practices violated Business and Professions Code section 17200. Plaintiffs seek relief against all defendants on all their claims. Plaintiffs allege all defendants were each a "joint employer" of plaintiffs and, together, constitute a "joint enterprise," and are, therefore, jointly and severall...

Excerpt: ...nued to June 13, 2023; 8:30 am; Dl. Plaintiff filed this action for disability discrimination and other FEHA and Labor Code violations, including wage and hour violations on December 5, 2022 against Defendant Henry A Garcia Dairy. The proof of service filed December 16, 2022 indicates that substitute service was made on December 13, 2022 by delivery to Teresa Garcia and mailed to 12521 Avenue 200 Tulare, CA 93274-9035, Defendant's address. On Mar...

Excerpt: ...re payable within 30 days of notice of this ruling; Defendants to give notice. This is a dental malpractice case. Defendant Fareid Dental Corporation dba Packwood Creek Dental and Defendant Bevan Fareid, D.D.S. ("Moving Defendants) have yet to receive discovery responses from Plaintiffs, despite obtaining this Court's order compelling such responses thereto and for monetary sanctions. Moving Defendants now seek terminating sanctions in addition t...

Excerpt: ...her name and described as 30-40 years old, female, black hair, five foot three inches, 140 pounds and Hispanic. A registered process server made service in this manner according to the proof of service. The summons, complaint and other initiating case documents were then mailed to Defendant at the same address. Default was entered in the amount of $3,586.67 on July 11, 2007. The Judgment was renewed on July 12, 2016. In 2018, the Judgment was ass...

Excerpt: ...." ) As part of the purchase, Plaintiffs signed the Warranty Registration that confirmed they had the opportunity to review the Forest River, Inc. Limited Warranty as part of the purchase of the RV. (Hudler Decl. —Ex. B; Evans Decl.) Plaintiff's complaint confirms receipt of the express written warranty ("Limited Warranty") from Defendant Forest River. (Complaint at 2:19.) The Limited Warranty states, in the section entitled "Legal Remedies", p...

Excerpt: ...hout prejudice but retains jurisdiction to enforce the settlement expressly under 664.6. The settlement reflects the same retention of jurisdiction and is signed by Plaintiff and Defendant. The settlement provides a principal amount of $21,810.02 due to Plaintiff. The parties agreed that Defendant's insurance carrier National General Insurance, was to pay Plaintiff $7,645.95, and Defendant was to pay Plaintiff a total of $14,164.07 by a $150.00 d...

Excerpt: ...23, Department 1, 8:30 am. 1. Sufficiency of Amount of Settlement (Proposed Net Estimated: $286,250) The gross settlement amount is $495,000. Plaintiff estimates approximately 148 proposed Class Members, providing an estimated average payout of $1,934.12 per member. The Class Members consist of: All individuals who are or were employed by Defendants as non-exempt employees in California during the period April 27, 2018, through March 31, 2023 Pla...

Excerpt: ...ts to rental property located at 1089 Pioneer Ave, Porterville, CA (the "Subject Property") owned by Plaintiff's insured, Norma Avery. Plaintiff paid its insured approximately $77,000 to Ms. Avery and now seeks recovery from Defendants. On November 18, 2022, Defendants answered this complaint but did not file a cross-complaint. Defendants were represented in pro per at the time of the answer. On March 3, 2023, Defendants hired present counsel. De...

Excerpt: ...l Associates, Inc. or SROMA, and the later agreement that such services be #rformed by a different entity. SROMA was co-owned by Cross-Defendants Veena Ramsinghani, MD and Youssef Hanalla, MD, until approximately August 2020 when Dr. Ramsinghani retired and transferred her ownership interest to Dr. Hanalla. (LJMF Nos. 2, 45.) Moving Party Robert Havard, MD's initial relationship with SROMA and Drs. Ramsinghani and Hanalla included managing disput...

Excerpt: ...mendariz and Ruby Valencia Chavez arising outof a motor vehicle accident that occurred December 13, 2019. On September 19, 2022, Plaintiff filed a proof of service, completed by a registered process server, indicating service of the summons and complaint on Defendant Valencia was made on September 12, 2022, by personal service. On September 27, 2022, Plaintiff filed a proof of service, completed by a registered process server, indicating service ...

Excerpt: ...ough 13 admitted as follows: 1. YOU (as used herein, "YOU" shall refer to the above-named responding party (Defendant) applied for a credit card charge account with Plaintiff. 2. YOU received a Customer Agreement when YOU received the credit card with account number xxxxxxxxxxxx4599 3. The Agreement provided that by using the credit card, YOU agree to be bound by the terms therein. 4. YOU received a credit card with account number XXXXXXXXXXXX459...

Excerpt: ...s to the second cause of action on behalf of the Adult Plaintiff without leave to amend; to sustain the demurrer as to the third cause of action without leave to amend as to both Plaintiffs; to sustain the demurrer to the fourth cause of action and fifth cause of action without leave to amend as to Defendant Childcare, the business entity of unknown form and sustains the demurrer asto Defendant Ramirez with leave to amend. Minor Plaintiff shall h...

Excerpt: ...t Troy Sibel for Intentional Misrepresentation, Suppression of Fact, Conspiracy, Breach of Written Contract, and unfair Competition. Defendant Troy Sibel was served and answered the operative complaint through counsel. Thereafter, Defendant Troy Sibel, on August 24, 2021, passed away. The Court then granted Defendant Troy Sibel's attorney of record to withdraw as counsel. Erica Sibel-Tharp, Troy Sibel's daughter, initiated the Nevada estate proce...

Excerpt: ...d to provide notice to commence the five-day period under Code of Civil Procedure section 1281.6. Facts — Agreement to Arbitrate Petitioners Isaias Cardenas-Sanchez and Irene Cardenas-Sanchez filed the instant Petition against Respondent Allstate Insurance pursuant to California Insurance Code S 11580.2(f)(1). Pettioners thereafter filed a motion to compel arbitration based on an underinsured motorist policy (the "Porcy"), which "includes an ag...

Excerpt: ...ously to permit the PAGA claim to be added to the federal class action. However, Plaintiff has filed this PAGA case in this Court. Defendant argues that the PAGA claims cannot be added as the seek duplicative penalties already provided by the Labor Code and covered by the federal class achon claims. Defendant further argues stay under abatement and, alternatively, forum non conveniens. In opposition, Plaintiff notes the strict requirement of abat...

Excerpt: ... admitted by Defendant Juan Torres Construction, Inc. On November 8, 2022, Plaintiff served the Requests for Admissions on Defendant Juan Torres, an individual, by mail at the address stated on Defendant's substitution of attorney, whereby Defendant Juan Torres now represents himself. As of the date of this motion, no responses have been prov-ded to Plaintiff. Plaintiff now seeks to have Admissions Nos. 1 through 17 deemed admitted. No opposition...

Excerpt: ...o file an amended complaint. Case management conference is continued to June 14, 2023; 8:30 am; DI. Facts Common to (1) and (2) Plaintiff's First Amended Complaint seeks recovery for a number of claims under Song Beverly and, relevant here, a fifth cause of action for fraudulent inducement by concealment. Plaintiff alleges that "On or about April 9, 2021, Plaintiff entered into a warranty contract with Defendant GM regarding a 2021 Chevrolet Silv...

Excerpt: ...motion to strike punitive damages against all Defendants without leave to amend. Having set the pleadings as described above, the Court's review of the argument and authority cited by the parties in the motion to compel and opposition appears to be centered on the discoverability of documents relating to the hiring and training of Defendant, the purpose of the trip, and safety policies. Defendant Aarons argues that, in admitting that it is vicari...

Excerpt: ...nc.'s ongoing bankruptcy and stipulations regarding the corporation's defense of this case by the bankruptcy trustees. The Court notes no trial date has been reset in this matter. Authority and Analysis The Court may, in the furtherance of justice, and uinn any terms as may be proper, allow a party to amend any pleading. (CINIe Civ. Proc. SS 473, 576.) In general, California courts liberally exercise discretion to permit amendment of pleadings in...

Excerpt: ...rporation, Abeer Hafez, D.D.S„ Inc. since 2016. (UMF No. 1.) Plaintiff Amber Burkett was first seen by Dr. Hafez on a referral from a general dentist for evaluation of maxillary tooth #15, with the initial visit occurring on Monday, October 28, 2019. (UMF No. 2.) Plaintiff Amber presented complaining of pain in tooth #15 for four (4) months, with the tooth chipping prior to the initial visit causing an increase in pain and complaints that she w...

Excerpt: ...lysis relating to the reasonable value of this case so that the Court may compare it to the proposed settlement amount, attorney rate and hours information to calculate the lodestar, the presently incurred costs and proof of submission of the settlement to the LWDA. On March 9, 2023, counsel submitted a supplemental declaration addressing these issues, as indicated below. 1. Sufficiency of Amount of Settlement (Net Estimated: $122,750) The gross ...

Excerpt: ...default was entered against both and, after a prcwe up hearing on February 8, 2022, the Court found judgment in favor of Plaintiffs in the amount of $25,400.45. The parties entered a lease concerning the tenancy which contained a provision for reasonable attorneys' fees to be awarded to the prevailing party in an achon brought for recovery of rent or breach of covenant contained in the lease as follows: "[t]he prevailing party in an action brough...

Excerpt: ...ode section 17200. The Court notes no cause of action under the Private Attorney General Act (“PAGA”) in the operative complaint. Settlement Agreement The parties thereafter settled this lawsuit and executed a settlement agreement in August 2022 (“Settlement Agreement”) that agreed to and contemplated the following: “1. Within 10 days of executing this Agreement, Plaintiff shall file a First Amended Representative Action Complaint to re...

Excerpt: ...complaining that her dentist said she had an infection in tooth No. 18, in which she had a root canal years earlier. (UMF No. 1.) At the time of the evaluation, Dr. Olson noted that Plaintiff Amber had no pain, and no sensitivity to cold or percussion tooth No. 18. (UMF No 2.) Following the evaluation Dr. Olson diagnosed asymptomatic apical periodontitis and concluded that Plaintiff Amber required non-surgical root canal treatment therapy, follow...

Excerpt: ...timated: $122,750) The gross settlement amount is $285,000. Plaintiff estimates approximately 645 proposed Class Members, providing an estimated average payout of $190.31 per member. The Class Members consist of: All current and former hourly, non-exempt employees of Defendant in California at any time during the May 3, 2017 through November 11, 2022. The operative complaint alleges eleven causes of action against Defendant for violations of the ...

Excerpt: ...ff for a credit card account, entering into a written credit card account agreement with Plaintiff for the account number ending in 2004 (the “Account”) on April 7, 2000. (UMF Nos. 1, 10.) Defendant agreed to be bound by the terms and conditions set forth in the agreement when the defendant applied for, received or used the credit card or the account. (UMF Nos. 2, 11.) After receiving the credit card, purchases were made by the use of the acc...

Excerpt: ...tiff's path through an intersection. Plaintiff alleges general negligence on the part of Villanueva and Aaron's, and claims against Aaron's for the negligent hiring, supervision, training and/or retention of Villanueva, and negligent entrustment of the truck to him. Plaintiff additionally alleges entitlement to punitive damages against both Villanueva and Aaron's. Here, Aaron's moves to strike plaintiff's punitive damages prayer. Plaintiff's alle...

Excerpt: ...leged as to Moving Party Defendant Dr. Jason Sorensen is medical malpractice by Plaintiff Amber Burkett and a derivative cause of action for loss of consortium by Co-Plaintiff Eric Burkert. (UMF No. 2.) On February 11, 2020, Plaintiff Amber had a consultation with Dr. Sorensen regarding the extraction of her Tooth No. 15 (the Tooth Extraction). (UMF No. 5) Prior to this consultation, Plaintiff Amber had been referred to Dr. Sorenson after other s...

Excerpt: ...h Care District and alleges, relevant to this demurrer, a fourth cause of action for wrongful termination in violation of public policy, fifth cause of action for failure to provide meal and/or rest breaks under Labor Code section 512 and 226.7, and sixth cause of action for Labor Code section 203 penalties. Plaintiff alleges Defendant employed him as a Registered Nurse (“RN”) from October 2018 to September 9, 2021. Plaintiff's fourth cause o...

Excerpt: ..., All-Pro Bail Bonds, posted bond number 527355188-1, in the amount of $20,000 for the release of the Criminal Defendant from custody. On July 30, 2019, Criminal Defendant was released from custody. On November 19, 2020, Criminal Defendant appeared in court for a preliminary hearing examination. There appears to be a central factual dispute as to whether the Criminal Defendant was in custody or out of custody at the November 19, 2020 preliminary ...

Excerpt: ... Compel Initial Responses to Special Interrogatories of Plaintiff Amber Burkett; (4) Defendants Fareid Dental Corporation Dba Packwood Creek Dental and Bevan Fareid, D.D.S's Motion to Compel Initial Responses to Production of Documents of Plaintiff Eric Burkett; (5) Defendants Fareid Dental Corporation Dba Packwood Creek Dental and Bevan Fareid, D.D.S's Motion to Compel Initial Responses to Responses to Production of Documents of Plaintiff Amber ...

Excerpt: ...rbitration and dismiss this matter on the basis of a signed arbitration agreement. Facts – Agreement to Arbitrate Defendants, in support of this motion, submit the declaration of its safety technician David Bernardi who personally handled the orientation process as to Plaintiff on January 28, 2022. (Declaration of Bernardi (“Bernardi Decl.”) ¶¶ 1,2.) On January 28, 2022, Mr. Bernardi provided various employment documents to Plaintiff, inc...

Excerpt: ... Madrigal's Motion for Summary Judgment Plaintiff Burrell filed a single cause of action against individual defendant Abel Madrigal for (1) unlawful harassment on the basis of race under California Government Code §12940(j). Defendant Madrigal moves for summary judgment as to this cause of action, or, in the alternative, summary adjudication as to four issues that make up the elements of a prima facie case for harassment and the fifth for puniti...

Excerpt: ...aye, sexually abused her during her fourth‐grade year at Summit Charter Academy‐Lombardi (Lombardi). Plaintiff additionally sues Lombardi, and the public‐school district of which it is a part, Burton Elementary School District (Burton). Plaintiff's first amended complaint includes first and second causes of action for assault and battery, as well as a fourth cause of action for intentional infliction of emotional distress, based on her abus...

Excerpt: ...s plus interest and attorneys' fees of $522.50. The complaint was filed November 12, 2021. On March 25, 2022, Plaintiff filed a proof of service indicating substitute service as to David Ortiz, a purported co‐resident occurred on March 23, 2022 at 7:58 pm at 3224 East Cathie Court, Visalia, CA 93292. The proof of service was completed by a registered process server. The proof further indicates three attempts at service at the residence indicate...

Excerpt: ...ed) The Subject Property, however, included 2.48 acres on the eastern and northern portion containing equestrian facilities operated by Defendants Marily Reese and Sequoia Hills Stables, LLC pursuant to a life estate (“Life Estate.”) The scope of that Life Estate as to the exclusive use of a northern driveway is at issue here. Defendants contend that exclusive use of the northern driveway is reflected in the agreements and recording with Plai...

Excerpt: ...w by and through the High‐Speed Rail Authority (Authority)), commenced this proceeding in November 2017 “for the purpose of acquiring property necessary for high‐speed train system purposes …” pursuant to authorization under a 2017 Resolution of Necessity with respect to certain real property and interests described in the initial complaint. That original complaint provided (for the convenience of the court and parties, not as allegatio...