Excerpt: ...ous name. Facts On September 14, 2022, Plaintiff S.C. sued Defendant Doe 1 for negligence based on incidents alleged to have occurred in foster care when Plaintiff was a minor. Plaintiff is over 40 years old at this time. On November 9, 2022, Plaintiff filed, and the Court granted, an ex parte motion to file the documents in support of this motion under seal. Thereafter, Plaintiff filed various documents in support of this motion to seal certific...

Excerpt: ...lement agreement contains a provision that the Court will retain jurisdiction over the matter pursuant to Code of Civil Procedure 664.6. However, the Court notes this provision, contained in the settlement agreement, was not placed before the Court in any manner through any filing. However, the Court also notes this matter has not been dismissed as of the date of this hearing. Plaintiff seeks entry of judgment in the amount of $3,560.23 inclusive...

Excerpt: ...r about September 8, 2009 for the sum of $15,960.98. (Declaration of Mahfouz II ¶3.) On or about December 10, 2013, the parties resolved this matter via a settlement agreement and for payment of the sum of $8,823 by a $50 down payment and installments of $50 per month. (Declaration of Mahfouz II ¶¶ 5, 6 – Ex. A.) The agreement states that should Defendant fail to make a payment on the fifteenth of each month, she will be deemed to be in defa...

Excerpt: ...tention or training and (3) negligent entrustment of a motor vehicle. Although Plaintiff's prayer seeks punitive damages for the complaint as a whole, Plaintiff sets forth allegations as to punitive damages as to the second and third causes of action. This is a personal injury case wherein Plaintiff alleges the Defendant driver Sergio Villanueva, employed by Defendant Aaron's Inc., was negligent in his operation of Defendant Aaron's vehicle when ...

Excerpt: ...ld as well as corresponding damages suffered by her child as a result of conduct that took place at Defendant Victoria Ramirez Family Childcare, presumably owned by Defendant Victoria Ramirez. (Complaint ¶¶ 1, 10, 11, 14, Attachment – General Negligence.) Defendants Victoria Ramirez and Victoria Ramirez Family Daycare demurrer for failure to state a cause of action against defendants under Code of Civil Procedure section 430.10(e), as Plainti...

Excerpt: ...he ability to bring the City back into the case 120 days before trial), but that this agreement has not been executed by the parties. Facts This premises liability action alleges Plaintiff was injured at “the premises at or near CA‐43 & Ave 120, Corcoran, CA 93212, such that an uneven and/or broken and/or deteriorating roadway was allowed to exist and be left in disrepair” and “Defendants failed to barricade the area and/or to warn of the...

Excerpt: ...a was cited for violation of an applicable safety regulation following the injury of a Sierra employee during the operation of a machine at Sierra's lumber mill in Terra Bella. Sierra fails to present a valid basis for issuance of the requested writ and the petition is, therefore, denied. Background A Sierra employee suffered partial finger amputations while trying to clear a jam, by hand, in a “coastal planer” machine designed to cut and sha...

Excerpt: ...ben Barrientos, Jr. alleges that, on or about September 2, 2020, while he was traveling on Avenue 96 in the city of Terra Bella, a vehicle owned by TRTC and driven by Walker along Road 264 collided with his vehicle after failing to stop at a stop sign at the intersection of Avenue 96 and Road 264. TRTC and Walker have moved to quash service of summons, contending this court lacks jurisdiction based on tribal sovereign immunity. Analysis Indian tr...

Excerpt: ...s an automobile accident where liability was not contested. The matter proceeded to jury trial and Plaintiff was awarded $6,292.12 for pain and suffering and the initial medical expenses for treatment through February 8, 2019. Defendants indicates “The notice of entry of judgment was sent to Defendants electronically on August 9, 2022.” The proof of service appears to indicate that a proposed judgment was sent by electronic mail on August 9, ...

Excerpt: ...l of class action and PAGA settlement, attorneys' fees, costs, enhancement award, LWDA payment and class certification for settlement purposes came on for hearing on November 22, 2022. The Court finds and rules as follows: On October 26, 2022, the settlement administrator Simpluris, through its Case Manager, filed a declaration detailing the following events. On June 21, 2022 the administrator received a mailing list of 1,246 potential class memb...

Excerpt: ...rer to the fifth and sixth causes of action with leave to amend; Plaintiff shall have ten (10) days to file an amended complaint as to the fifth and sixth causes of action; (2) To sustain the demurrer to the fifth cause of action with leave to amend; Plaintiff shall have ten (10) days to file an amended complaint as to the fifth cause of action. Facts This case arises out of Plaintiff's former employment at International Paper Company (“Interna...

Excerpt: ... for (1) breach of the implied covenant of good faith and fair dealing; (2) an accounting; (3) intentional and (4) negligent interference with prospective economic advantage; (5) unfair business practices; violation of (6) state and (7) federal unfair debt collection laws; (8) trade libel; and (9) recession based upon news stories ran by Sinclair and its former reporter, Cross‐Defendant Jeffrey Platt. The Court notes that Milan, in response to ...

Excerpt: ...ant Brenda L. Davidson (“Defendant Davidson”) obtained a loan from Zone Funding in the principal amount of $304,500.00 (“Loan”) and evidenced by a Note (“Note”) Defendant Davidson executed on June 7, 2006 in favor of Zone Funding. (UMF Nos. 1 and2.) The Loan was a refinance which paid off a prior loan Defendant Davidson had with EMC Mortgage Corp in the approximate amount of $269,189.12. (UMF No. 3.) The Note was subsequently lost or ...

Excerpt: ...sed, in part, on the alleged actions of Defendant Mario Plasencia. Plaintiff served the complaint on May 2, 2022 and May 5, 2022 as to the Defendants. Defendants answered the complaint on June 1, 2022 and June 6, 2022. In opposition, Plaintiff notes Defendants did not plead an affirmative defense as to arbitration. Additionally, Plaintiff notes it propounded discovery to Defendant on May 31, 2022 and that Defendants' discovery responses on July 1...

Excerpt: ...n support, Defendant attaches a request for judicial notice as to Plaintiff's complaint and excerpts from Plaintiff's deposition. Authority and Analysis “Motions to strike can be used to reach defects in or objections to pleadings that are not challengeable by demurrer. Complaints, cross‐complaints, answers and demurrers are all subject to a motion to strike [citation].” (Weil & Brown, Cal. Prac. Guide: Civ. Proc. Before Trial (The Rutter G...

Excerpt: ... at 28436 Satellite Street as its agent of service (2420574) as its Agent for Service of Process in California. (Declaration of Robert D. Bassett (“Bassett Decl.”) ¶4.) On July 20, 2022, an incomplete copy of the Summons and Complaint was received via U.S. Mail at the Defendant's location in Stockton, California from an unidentified sender. (Bassett Decl., ¶5. ) The Summons mailed to the Stockton office is incomplete as it does not identify...

Excerpt: ...leges a single cause of action for penalties pursuant to Labor Code section 2699 (PAGA) for various violations of California's Labor Code including sections 203, 226.7, and 512 by Defendant Replanet Packaging LLC (“Defendant.”) Defendant, based on the United State Supreme Court's decision in Viking River Cruises, Inc. v. Moriana (2022) 142 S. Ct. 1906, now moves to compel Planitiff's PAGA claim to arbitration and stay this action. Defendant b...

Excerpt: ... is set for April 27, 2023; 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 October 20, 2022. The court finds and rules as follows: On March 24, 2021, the settlement administrator, Simpluris, received a data file from Defendant's counsel of 651 potential class members from Defendant...

Excerpt: ...Facts On or about September 09, 2021, HALL agreed to purchase a 2019 Nissan Murano with vehicle identification number 5N1AZ2MJXKN138431 (hereinafter referred to as the “2019 Nissan”) (Decl. of Donald Groppetti ‐ Exhibit A – Retail Installment Sales Contract (“RISC”) as to the 2019 Nissan.) The RISC provides for arbitration as to claims arising from the sale of the vehicle. The RISC also contains the “Seller's Right to Cancel” when...

Excerpt: ...ring. 1. Facts In a first amended complaint, Plaintiff, on behalf of himself and all others similarly situated, sued Defendants Kuubix Electric, Inc., Kuubix Energy, Inc., Kuubix Global, LLC and Kuubix Energy, LLC. for 1. Violation of B&PC §17200, et seq. 2. Failure to Pay All Wages 3. Meal Period Violations 4. Rest Period Violations 5. Work Expense Reimbursement Violations 6. Waiting Time Penalty 7. Wage Statement Penalty 8. Penalties Under PAG...

Excerpt: ...osed first amended complaint and Defendant shall have ten (10) days from the service of the first amended complaint to file a responsive pleading. (2) The Court's minute order of September 22, 2022 indicates that the parties reached an agreement as to the discovery issues and may appear remotely as to any remaining issues. Case management conference is continued to December 15, 2022; 8:30 am; D1. (1) Facts This is a personal injury case wherein P...

Excerpt: ...pproval for April 21, 2022. After preliminary approval, the settlement administrator determined worked additional workweeks not accounted for in the previously determined maximum settlement amount. The parties subsequently agreed to increase the maximum settlement amount from $980,000 to $1,278,998, and to continue hearing on final approval of the settlement to finalize and present a stipulation for the court's review and approval regarding the r...

Excerpt: ... 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 October 6, 2022. The Court finds and rules as follows: On June 16, 2022, the settlement administrator, ILYM Group, received a mailing list of 1,423 potential class members from Defendant's counsel with names, contact information, social security numbers and r...

Excerpt: ...rty (30) days from notice of this ruling; Defendant and moving party Abeer A Hafez DDS, Inc shall give notice; to impose sanctions of $265 on Plaintiffs jointly and severally. This is a dental malpractice action brought by Plaintiffs against, amongst others, Defendant Abeer A Hafez DDS, Inc. On or about February 7, 2022, Abeer A Hafez DDS, Inc. propounded form interrogatories, special interrogatories and requests for production of documents on Pl...

Excerpt: ... of express warranty and violations of building standards against builders Woodside 06N, LP, Woodside Sousa, Inc., Woodside Visalia Il, Inc., WDS GP, Inc. and Woodside 07N (collectively “Woodside”) and seek damages in excess of $75,000 per home. Woodside cross‐complained against a number of cross‐defendants, including moving party Anlin Industries (Doe 202) for comparative negligence, express indemnity, equitable indemnity, contribution, ...