Excerpt: ...December 22, 2022; 8:30 am; D1. CMC is taken off calendar. (1) and (2) Plaintiff's motions for final approval of class action and PAGA settlement, attorneys' fees, costs, enhancement award, LWDA payment and class certification for settlement purposes came on for hearing on June 23, 2022. The court finds and rules as follows: On January 13, 2022, the settlement administrator, Phoenix Settlement Administrators, received a mailing list of 73 potenti...

Excerpt: ...y and tenth cause of action for breach of duty of loyalty; to overrule the demurrer as to the twenty‐first cause of action for unfair competition against Love Plants; to overrule the demurrer as to the fourteenth through twenty fifth‐ causes of action based on inconsistent fact pleading. Case Management Conference is continued to July 11, 2022; 8:30 am; D1. To sustain the demurrer with leave to amend as to the third cause of action for violat...

Excerpt: ... The Court previous approved the sufficiency of the amount of the settlement, including the assessment of the value of the various claims and penalties, including evaluation of the various strengths and weaknesses of Plaintiffs' case and Defendant's defenses to Plaintiffs' claims. The Court further previously approved the class notice period, the content of the class notice, the claims administrator, the recipient of unclaimed settlement proceeds...

Excerpt: ...fendants now demurrer to the First Amended Complaint for failure to file a timely government tort claim and for failure to state a cause of action. Authority and Analysis Before filing a demurrer, the demurring party is required to meet and confer with the party who filed the pleading demurred to for the purpose of determining whether an agreement can be reached that would resolve the objections to be raised in the demurrer. (Code Civ. Proc. § 4...

Excerpt: ...ior Court Case No. VCU289281 (the “Class Action”). On January 31, 2022, Plaintiff filed this Complaint against the same parties, and based upon the same factual allegations (the “PAGA Action.”) Defendant points out that there are substantial similarities between the actions, though the PAGA Action advances two additional theories of liability. Defendant categorizes this as an improper attempt to “split claims” and “game the legal sy...

Excerpt: ... the TPA including the following: “Under the TPA, the most common exemptions from just cause eviction laws are: (1) separately alienable single‐family dwellings, including a condominium, as long as the property is not owned by a corporation; a limited liability company with a corporate member; or a real estate investment trust. For this exemption to apply, the landlord must first give the tenant applicable notice of the exemption…” The si...

Excerpt: ...ant demurrers to the complaint, contending plaintiff failed to file a timely government tort claim and that the complaint fails to state a cause of action. Authority and Analysis Before filing a demurrer, the demurring party is required to meet and confer with the party who filed the pleading demurred to for the purpose of determining whether an agreement can be reached that would resolve the objections to be raised in the demurrer. (Code Civ. Pr...

Excerpt: ...dant Visalia Tile Inc. Tentative Rulings: (1‐5) To deny plaintiffs' motions for summary adjudication. (6) and (7) There are no tentative rulings on the merits for these motions. Per the request of the parties, this is a continued hearing date for these motions. In the event the motions are fully resolved, please advise the D1 clerk and the motions will be taken off calendar. Class representative plaintiffs James Alvarez, Juan Barrera, Raul Chav...

Excerpt: ...easement and from destructing or removing the easement. Plaintiff's motion states that in 2016, Defendant Sanchez sought a lot line adjustment to combine Tulare County Assessor Parcel Numbers 316‐050‐042 and 316‐050‐041 into one (1) undivided parcel subsequent renumbered as Tulare County Assessor Parcel Number 316‐050‐050 and to divide Tulare County Assessor Parcel Number 316‐050‐028 into two (2) separate parcels subsequently renu...

Excerpt: ...qudah), was previously resolved by stipulated judgment. SPAS then sued Alqudah for breach of contract, seeking, inter alia, recovery of unpaid rent. Alqudah cross‐complained against SPAS, initially alleging causes of action for breach of contract and “fraud and misrepresentation.” This court granted an anti‐SLAAP motion to strike, as to Alqudah's breach claim, and sustained a subsequent demurrer to Alqudah's fraud claim. Alqudah filed a f...

Excerpt: ...10 days to amend; To overrule the demurrer as to the fourth cause of action. (2) As to punitive damages and attorneys' fees, the motion to strike is moot based on the ruling on demurrer; The Court denies the motion as to other allegations made by Plaintiff sought to be struck on the basis of the PREP Act. If no oral argument is requested, the Court will adopt the tentative ruling. In the event oral argument is requested, the hearing for argument ...

Excerpt: ...is requested, the Court will adopt the tentative ruling. In the event oral argument is requested, the hearing for argument will be continued to May 26, 2022; 8:30 am; D1. Plaintiff's motion for final approval of class action and PAGA settlement, attorneys' fees, costs, enhancement award, LWDA payment and class certification for settlement purposes came on for hearing on May 19, 2022. The court finds and rules as follows: On February 23, 2022 the ...

Excerpt: ...d at 10246 Avenue 388, Dinuba, California 93618. Plaintiff caused a sixty‐day notice to be served on October 25, 2021. The notice is directed at “Antonio Hauracha & to all other residents or occupants.” Plaintiff filed this action on February 2, 2022, naming Defendant Hauracha. Plaintiff served the summons, complaint, cover sheet, and prejudgment claim of right of possession on Defendant Huaracha and on “All Unknown Occupants in Possessio...

Excerpt: ...argument is requested, the hearing for argument will be continued to May 26, 2022; 8:30 am; D1. A. Facts On January 4, 2022, Plaintiff filed a lawsuit against Defendants alleging: (1) Wrongful Termination in Violation of Public Policy, (2) Sexual Orientation Discrimination under the Fair Employment and Housing Act, (3) Sex Discrimination under the Fair Employment and Housing Act, (4) Age Discrimination under the Fair Employment and Housing Act, (...

Excerpt: ...inor child. According to the Petition, on September 16, 2020, the minor was a passenger in a vehicle which was struck by another vehicle. (Petition at 5, 6.) The minor sustained injuries to her head, back, neck, left knee and right knee. (Petition at 7.) The Petition states the minor has recovered completely from the effects of the injuries. (Petition at 9a.) The minor received treatment from Dr. Lester and ML Healthcare Services. The Court notes...

Excerpt: ...ebruary 20, 2020. Here, Plaintiff objects on grounds that Defendant has filed a second summary judgment motion without providing new facts or new law as required under California Code of Civil Procedure section 437c(f)(2), Le Francois v. Goel (2005) 35 Cal. 4th 1094, 1098, Bagley v. TRW, Inc. (1999) 73 Cal.App.4th 1092, 1097; and Schacter v. Citigroup (2005) 126 Cal. App. 4th 726. The Court notes initially that the defense under the Privette v. S...

Excerpt: ...ot file for a second time the moving papers and declarations that are already on file with the Court. The hearing on this matter is continued to June 16, 2022 at 8:30 a.m.in Department 1 of this court. Case management conference is likewise continued to June 16, 2022 at 8:30 a.m. in Department 1. 1. Sufficiency of Amount of Settlement (Net Estimated: $2,180,000.00) The gross settlement amount is $3,925,000.00. Plaintiffs estimate approximately 1,...

Excerpt: ...o quit for breach of covenants for material breach of the rental agreement based on violations of an occupation limit and no pets term. On March 8, 2022, Plaintiff filed this complaint. On March 22, 2022, the Court ordered Plaintiff to be permitted to serve Defendant Julie Musgrave by posting and mailing. However, on March 23, 2022, a proof of service filed indicates Defendant was served personally with the summons and complaint. On April 1, 2022...

Excerpt: ... subcontractors to develop and/or construct the homes. Per their subcontracts, the subcontractors were required to name Centex as an additional insured on their general liability policies of insurance. Centex brings this motion for leave to file an amended cross‐complaint to name an additional four subcontractor insurance carriers, add subcontractor insurance policies issued by existing parties, and the correction of minor errors such as incorr...

Excerpt: ...ies 1, 2, 3, 4 and 14 only of the enumerated list on page 14 of the motion. The Court will further permit document production prior to the depositions. Sinclair shall produce documents responsive to Nos. 53, 58, 59, 60 and 61. Platt shall produce documents responsive to Nos. 53, 56, 58, 59. However, all production shall be limited to the period of time from January 1, 2019 through July 31, 2020. Facts On May 23, 2021, Plaintiff/Cross ‐Defendant...

Excerpt: ...sult, moot. This case arises from plaintiff/cross‐defendant Central Valley Resource Recovery, LLC's (CVRR) breach of contract action against the City of Tulare (City) concerning CVRR's March 2015 contract with the City for removal of biosolids from the City's wastewater treatment plant. The City has cross‐complained against CVRR and third‐parties Patrick McLafferty and Hydros Agritech Inc. (Hydros) alleging various claims sounding in fraud ...

Excerpt: ...duty and tenth cause of action for breach of duty of loyalty; to overrule the demurrer as to the twenty‐first cause of action for unfair competition against Love Plaints; to overrule the demurrer as to the fourteenth through twenty fifth‐ causes of action based on inconsistent fact pleading. Case Management Conference is continued to June 23, 2022; 8:30 am; D1. To sustain the demurrer with leave to amend as to the third cause of action for vi...

Excerpt: ...ipulation, Defendant hereby waives any and all requirements for a Motion for Entry of Judgment on this Stipulation;” and “11. The parties agree that upon execution and return of the Stipulation along with the first payment due under the monthly payment plan, Plaintiff shall file a conditional notice of settlement or dismissal of the action. If a dismissal of the action is to be filed, the parties agree that the Court shall retain jurisdiction...

Excerpt: ...n file with the Court. The hearing on this matter is continued to June 23, 2022; 8:30 am; D1. Case management conference is likewise continued to June 23, 2022; 8:30 am; D1. 1. Sufficiency of Amount of Settlement (Net Estimated: $1,170,833.33) The gross settlement amount is $1,850,000.00 Plaintiffs estimate approximately 612 proposed Class Members with an average payment of approximately $1,800.00. The Class Members consist of: “current and for...

Excerpt: ...ff calendar. Plaintiff's motion for final approval of class action and PAGA settlement, attorneys' fees, costs, enhancement award, LWDA payment and class certification for settlement purposes came on for hearing on April 14, 2022. On September 17, 2022, the settlement administrator, Simpluris, Inc., received a mailing list of 1,758 potential class members from Defendant's counsel with names, contact information, social security numbers and releva...

Excerpt: ... or Quit with Blank Declaration of Covid‐19 Related Financial Distress (Rent Due September 1,2020 ‐ September 30, 2021.) This first notice was served January 28, 2022. The second notice is a “Notice to Pay Rent in 3‐Days or to Quit (Vacate) and Surrender Possession of the Premises in 30 Days (Covid‐19 Recovery Period for Rents due from October 1,2021 to March 31,2022; CARES ACT Premises.) This second notice was served January 28, 2022. ...

Excerpt: ...mon to All Motions This matter was originally two cases which have since been consolidated. The Plaintiff is the same in both cases and the cases share Defendant Theodore Jeske. On the first case, Case No. VCU284337, Plaintiff, on February 26, 2021, served Form Interrogatories, Set One, Special Interrogatories, Set One, and Requests for Production of Documents, Set One on Defendant Theodore Jeske through his counsel at that time Joseph M. Simoes....

Excerpt: ...x‐parte motion filed in VCL 196905 will be heard in D1. Facts Plaintiffs Marie Soto and David Weinberger filed this action for battery, assault, negligent, and IIED on June 25, 2021 against Defendants Aurelia Rocha, Ernest Rocha, Melissa Castro and Christopher Castro. A notice of related case was filed June 25, 2021 and again on January 27, 2022 indicating Case No. VCL 196905 involve the same parties and is based on the same of similar claims a...

Excerpt: ...lass action and PAGA settlement, attorneys' fees, costs, enhancement award, LWDA payment and class certification for settlement purposes came on for hearing on March 24, 2022. Between November 8, 2021 and November 16, 2021, the settlement administrator, Phoenix Settlement Administrators, received three data files containing 2,998 names, contact information, social security numbers and relevant employment information of class members. On November ...

Excerpt: ...utions and Dynamic Integrated Systems Solutions Corp. filed and served, as to each Defendant, the following, in support of his request to withdraw as counsel: (1) MC‐051 ‐ Notice of Motion and Motion to be Relieved as Counsel; (2) MC‐052 – Declaration in Support of Attorney's Motion to Be Relieved as Counsel; and (3) MC‐053 ‐ Order Granting Attorney's Motion to Be Relieved as Counsel Additionally, Counsel Kadin has filed proofs of ser...

Excerpt: ...GA settlement, attorneys' fees, costs, enhancement award, LWDA payment and class certification for settlement purposes came on for hearing on March 17, 2022. On October 22, 2021, the settlement administrator, Phoenix Settlement Administrators, received a data file containing 117 potential class members from Defendant's counsel with names, contact information, social security numbers and relevant employment information. On December 15, 2021, the a...

Excerpt: .... Plaintiff was referred to Needham by her psychiatrist. Plaintiff has sued Needham and a number of entities related to Kaweah Delta (“Kaweah Defendants.”) for professional negligence (first cause of action), intentional infliction of emotional distress (second cause of action), battery (third cause of action), sexual battery (fourth cause of action), sexual conduct by a therapist (fifth cause of action), breach of fiduciary duty (sixth cause...

Excerpt: ...s Motion is Defendants' request to conduct a second medical examination after Plaintiff underwent “spinal cord simulator trial” surgery after the initial medical examination. Plaintiff alleges the injury occurred June 15, 2019. Plaintiff filed this matter April 24, 2020. Plaintiff has been diagnosed with Complex Regional Pain Syndrome (CRPS), and as a result allegedly suffers from daily and constant pain throughout her body, specifically on h...

Excerpt: ...section of Inyo and South “E” Street in Tulare County involving disputed liability over which driver ran the red light. At issue presently is the inadvertent failure of Defendant's counsel to file Defendant's cross‐complaint with Defendant's answer. Defendant is represented through her insurance carrier in defense of this lawsuit and separate counsel on her proposed cross‐complaint. Plaintiff filed this lawsuit on August 18, 2021. Defenda...

Excerpt: ...ass action and PAGA settlement, attorneys' fees, costs, enhancement award, LWDA payment and class certification for settlement purposes came on for hearing on March 10, 2022. Between July 26, 2021 and August 17, 2021, the settlement administrator, Phoenix Settlement Administrators received a mailing list of 417 potential class members from Defendant's counsel with names, contact information, social security numbers and relevant employment informa...

Excerpt: ...ement, the parties had some issue regarding the transfer that resulted in Plaintiff suing Defendant for quiet title, financial elder abuse, breach of contract, declaratory relief, fraud and unjust enrichment. The parties attended mediation and settled their dispute the first time in or around March 2020. The basic terms of this settlement at mediation required Defendant to pay Plaintiff $16,000 within 120 days. After receipt of payment, Plaintiff...

Excerpt: ... C. Johnson at Defendant's request. Plaintiff alleged damages in the amount of $7,250.38. Defendant answered the complaint on November 4, 2020. On March 11, 2021, Plaintiff moved this Court to deem admitted requests for admissions, set one, numbers 1 through 5. On May 13, 2021, the Court adopted its tentative ruling, deeming admitted the truth of each matter specified in requests for admissions numbers 1 through 5. These requests, now admitted, a...

Excerpt: ...ecember 30, 2021, defendant/cross‐complainant Ihssan Alqudah (Alqudah) filed a first amended cross‐complaint in this action alleging fraud and misrepresentation against plaintiff/cross‐defendant SPAS Center Outparcel, LLC (SPAS) after this court sustained a demurrer to that cause of action by SPAS. The sole other cause of action from the initial complaint, a breach of contract claim, was previously stricken by this court on motion by SPAS. ...

Excerpt: ...ar days before the conference. Defendant filed a notice of settlement of entire case on October 1, 2021. On December 7, 2021, plaintiff moved to “vacate” the notice of settlement, maintaining plaintiff had not accepted defendant's settlement proposal, which apparently precipitated filing of the settlement notice. On January 18, 2022, defendant submitted a declaration by a paralegal employed by its counsel averring the settlement notice was fi...

Excerpt: ...ndar. Hearing on Final approval is set for July 14, 2022; 8:30 am; D1. This motion for preliminary approval of class action settlement returns for hearing following a prior continuance to allow filing of supplemental declarations as to the proposed class‐enhancement payment to plaintiff, plaintiff's cost reimbursement request, and the proposed cy pres recipient. Plaintiff submits a supplemental declaration, including an estimate of the amount o...

Excerpt: ...at email correspondence between Plaintiff's counsel and Defendant's counsel appears to indicate Defendant's counsel no longer represents Defendant. However, the Court has not received a substitution of attorney or motion to withdraw from Defendant's counsel. Plaintiff Francisca Cuevas (“Francisca”), based on the Settlement Agreement attached as Exhibit A and filed with the Court August 19, 2020, alleges that Defendant Mary Correa (“Mary”)...

Excerpt: ... 2021. Here, SPAS seeks $7,620.00 in attorneys' fees representing chiefly 38 hours at $195 per hour spent “researching case law, reviewing case files, drafting moving papers, preparing exhibits, reviewing the tentative ruling, preparing for the hearing, attending the hearing, reviewing time diaries, reviewing cost diaries, drafting a demand letter, and drafting this motion and accompanying papers.” SPAS has not submitted an itemized or detail...

Excerpt: ...7 bankruptcy protection in 2018. In 2019, Defendant filed for personal bankruptcy protection under Chapter 13, but did not list Plaintiff as a creditor. On January 8, 2021, Plaintiff successfully obtained relief from the automatic stay to enforce the personal guarantee against Defendant. On May 26, 2021, Plaintiff filed this action for breach of the guaranty. Defendant was served on June 15, 2021. Defendant failed to file a responsive pleading. T...

Excerpt: ...notice. To impose sanctions totaling $2,450 for all three motions against Defendant. Facts Common to All Discovery Motions This matter involves a subdivision agreement between the Plaintiff City of Tulare and Defendants Del Lago Place. Plaintiff filed its complaint for breach of contract, promissory fraud, breach of implied covenant of good faith and fair dealing, enforcement of its performance bond and breach of utility contract. Plaintiff alleg...

Excerpt: ...rn and northern portion of the Subject Property containing equestrian facilities. (“Life Estate Property.”) Since 2012, Defendant has operated Sequoia Hills Stables on the Life Estate Property. The life estate notes Defendant “shall have the exclusive use and enjoyment” of the Life Estate Property. At issue here is access via a driveway (“Subject Driveway”) on the northern edge of the Subject Property and located within what appears t...

Excerpt: ...00.00. Plaintiffs estimate approximately 105 members of the “Independent Contractor Class” with an average payment of approximately $5,244.76 and 139 members of the “Company Driver Class” with an average payment of approximately $990.47. The Independent Contractor Class in this action consists of persons who directly signed a contract with Defendant and performed services for Defendant within the State of California, but were classified a...

Excerpt: ...viously been continued to January 13, 2022 from the initial hearing date of December 23, 2021 for the parties to meet and confer to address disputes concerning the content of the class notice. At the December 23, 2021 hearing, the court adopted its tentative ruling in which this court: (a) held that class notice is appropriate (Cal. Rules of Court, rule 3.766); (b) directed the parties to meet and confer regarding disputes over the content of the...

Excerpt: ...ach of contract and conversion of intellectual property. As to conversion, Plaintiff seeks punitive damages on the basis of purposeful and malicious conversion. A comparison of the Complaint and First Amended Complaint reveals the same general set of facts. On January 15, 2021, the parties entered into a written contract whereby Plaintiff would pay Defendant $5,000 per month and Defendant was obligated to live stream 2‐3 times per week for a fe...

Excerpt: ...lissa Castro and Christopher Castro. Defendants Aurelia and Ernest were served but did not file a responsive pleading. Defendants Aurelia and Ernest, however, did personally appear at the case management conference on November 2, 2021 and the Court's minutes reflect Aurelia and Ernest had not filed an answer. Entry of default was entered against them on November 8, 2021. On November 12, 2021, Aurelia and Ernest retained counsel. Plaintiffs now se...

Excerpt: ...sure sale under section 1161a(b)(3). As an affirmative defense, Defendant alleges that Plaintiff's predecessor in interest had no authority to transfer the Premises to Plaintiff pursuant to the Trustee's Deed After Sale alleged in the Complaint. (Defendant's Answer ¶ 3.v.) Request for Judicial Notice Evidence Code section 452(c) and (h), respectively, permit a court, in its discretion, to take judicial notice of the existence and recordation of ...