Excerpt: ...ess. On March 11, 2024, Defendant Kaweah Delta Health Care District (“KDHCD” or “the District” or “Defendant”) filed this motion for summary judgment, or in the alternative, summary adjudication. Fa ct s KDHCD wholly owns and operates Kaweah Health Medical Center and owned and operated Kaweah Health Medical Center during the periods identified in P la in t if f s Fir s t Am e n d e d Co m p la in t . (UM F N o . 1 .) The District's po...

Excerpt: ...3 admitting all statements in the complaint are true and providing no exceptions thereto, but stating “Impossibility or impracticability due to COVID. Job was no longer the same. Lost Job. Unable to give payment Paragraph #14 ” On April 24, 2024, 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 indica...

Excerpt: ... April 12, 2024, the Court ordered admissions, set one, numbers 1 through 5 admitted as follows : 1. Defendant had a credit account number XXXXXXXXXXXX8443 issued by CAP ITAL O N E, N .A . 2. Defendant received periodic statements regarding credit account number XXXXXXXXXXXX8 4 4 3 is s u e d b y C AP IT AL O N E, N . A 3. As of October 16, 2023, the balance owe d by Defendant on credit account number XXXXXXXXXXXX8443 was $5,296.82 . 4. No paymen...

Excerpt: ..., Plaintiff, individually and as the surviving spouse of Decedent Joanne Akpkarian- Souza (“Decedent”), alleges negligence based on the passing of Decedent on January 29, 2023 . The complaint was served December 28, 2023. Plaintiff named Defendants “Kaweah Health Medical Group” and “Kaweah Health Medical Center.” (as well as Joseph Ford, D.O.) (Complaint. ) On December 28, 2023, “Defendants, KAWEAH DELTA HEALTH CARE D ISTRICT d b a ...

Excerpt: ...ely 6,000 proposed Class Members, providing an estimated average payout of $22.83 per member. The Class Members consist of: “All current and former non- exempt employees of Defendant Flores Ag Services, Inc. who worked at least one shift performing work for Defendant S.C. Critchley, Inc. dba Critchley Family Farms in California at any time from November 9, 2018 through January 3 1, 2024. (“Class Period”). (collectively the “Settlement Cla...

Excerpt: ...the petitioner and the respondent to arbitrat e the controversy if it determines that an agreement to arbitrate the controversy exists, unless it determines that: (a) The right to c o m p e l a r b it r a t io n has been waived by the petitioner; or (b) Grounds exist for the revocation of the agreement.” (C o d e C iv . P r o c . § 1 2 8 1 . 2 (a ), (b ). ) (e m p h a s is a d d e d . ) The motion to c o m p e l a r b it r a t io n r e q u ir ...

Excerpt: ...chez, causing his death, and, further, that the failures of care were so egregious as to constitute elder abuse. They further allege v io la t io n s of various of t he ir fathe r's st atut ory rights as a re side nt of a skille d nursing facility pursuant to subdivision (b) of Health and Safety Code section 1430 (Section 1430(b)). Defendants College Operations, LLC, dba Dinuba Healthcare (Dinuba) and Madison Cre e k Part ne rs, LLC move for summ...

Excerpt: ...operative version of Code of Civil Procedure section 340.1, this action appears initially timely filed under the revival term of subsection (q). (“Notwithstanding any other provision of law, any claim for damages described in paragraphs (1) through (3), inclusive, of subdivision (a) that has not been litigated to finality and that would otherwise be barred as of January 1, 2020, because the applicable statute of limitations, claim presentation ...

Excerpt: ... h e s t a t u s hearing will be removed f rom cale ndar. Fa ct s The Court notes no dismissal has been filed in this matter . On April 25, 2024, Plaintiff filed this motion to enter judgment based upon an oral agreement, on the record, before this Court, entered into on August 25, 2023. Plaintiff has attached the transcript for that hearing and the Court's review in d ic a t e s t h e f o llo w in g. The Court confirmed Defendant Silva was prese...

Excerpt: ...iffs bring causes of action for various violations of the Labor Code, and under Business and Professions Code section 17200, against Defendant Monrovia Nursery Company . Plaintiff Cruz alleges employment from February 2021 through June 2021 and Plaintiff Koorey alleges employment from April 18, 2021 through September 8, 2021. (Complaint ¶ ¶ 18, 19. ) Plaintiffs propose a class consisting of “All current and former hourly -paid and/ or non- ex...

Excerpt: ...s action and PAGA settlement, attorneys' fees, costs, enhancement award, LWDA payment and class certification for settlement purposes came on for hearing on May 16, 2024. The Court finds a n d r u le s a s f o llo w s : On April 3, 2024, the settlement administrator CPT Group, Inc., through its Case Manager, filed a declaration detailing the following events. On November 7, 2023, the administrator r e c e ive d a m a ilin g lis t o f 1 2 9 p o t ...

Excerpt: ...fornia as a private attorney general. The Court's review of this complaint indicates it alleges a PAGA action only, as discussed below. The Court previously denied Defendant's motion to compel arbitration on March 7, 2023, finding that PAGA claims brought on behalf of the State are non- arbitrable . Fa ct s As noted above, Plaintiff's operative, amended complaint alleges a single cause of action under PAGA for various violations of the Labor Code...

Excerpt: ...ning of Defendant City's demurrer to the initial complaint. The Court notes at the outset the initial complaint, though found to have failed to state a cause of action, appeared to have alleged a tort resulting in personal injury. The Court sustained the demurrer for both failure to allege sufficient facts to state a cause of action and for failure to allege compliance with the Tort Claims Act . This amended complaint, filed January 8, 2024, is p...

Excerpt: ...On September 7, 2021, the Court ordered the case dismissed, but reserved ju r is d ic t io n u n d e r Co d e o f Civil P r o c e d u r e s e c t io n 6 6 4 .6 . On January 16, 2019, the parties entered into a verbal settlement agreement. The agreement was thereafter reduced to writing and signed by the parties. The settlement agreement provided, among other things, that judgment in the sum of $6,048.24 would not b e entered against Defendant. Ju...

Excerpt: ... $995.00. Sanctions are due no later than fifteen (15) days from notice of this ruling; Defendant is ordered to give notice . Fa ct s On December 7, 2023, this Court adopted its tentative ruling granting Defendant Warren's motion to compel initial responses from Plaintiff to interrogatories and requests for production, due within 30 days' notice of the ruling. The Court also issued monet ary sanctions against Plaintiff in the amount of $585.00 . ...

Excerpt: ... termination in violation of public p o lic y . Defendant seeks to compel arbitration of these disputes . Fa ct s – Agreement to Arbitrat e In support, Defendant provides the declaration of Tabitha Walker, employed by Defendant as the Director of Staff Development since April of 2022 and whose duties include overseeing onsite human resources for the Defendant and its e m p lo y e e s . (D e c la r a t io n o f W a lke r ¶ 1 , 2 ) Walker indica...

Excerpt: ... he cut a corne r. Aft e r cut t ing t he corne r, his vehicle tipped onto its side and rolled down the embankment. He passed away. Trave le rs Prope rt y Casualt y Company of Ame rica (Trave le rs) st arte d paying t he decedent's wife (plaintiff) and children Worker's Compensation benefits because of the work -related death. Procedural Hist ory On December 7, 2022, the Plaintiffs filed their complaint alleging negligence, willful failure to war...

Excerpt: ...8, 12, 13. ) The Court, having denied Plaintiff's motion for leave to amend, evaluates the motion based upon the operative complaint alleging abuse occurred in 1981. “The p le a d in g s p la y a ke y r o le in a summary judgment motion. The function of the p le a d in g s in a m o t io n for summary judgment is to delimit the scope of the issues and to frame the outer measure of materiality in a summary judgment proce e ding.” ( Hu t t o n v...

Excerpt: ...in c r im in a l c a s e n o . VCF4 3 8 1 7 7 Un d e r lyin g Cr im in a l Ca s e - VCF438177 On February 21, 2023, Ramirez was arraigned on the complaint in and the bond was posted by the defendant in this case. On March 24, 2023, Ramierz appeared in court and was notified of the April 20, 2023, court date. On April 20, 2023, Ramirez failed to appear in court and the Court issued but stayed a bench warrant in the amount of $60,000. The Court, ho...

Excerpt: ...a motion to enforce a settlement p urportedly made at the mediation . Given the lack of a settlement in this case, Plaintiffs seek to restore a trial date . The trial date came off the Court's calendar when Plaintiffs, on January 23, 2024, filed a notice of conditional settlement of entire case. However, counsel for P la in t if f s in d ic a t e s t h e f o llo w in g , a s t o m is t a ke , in a d ve r t e n c e , s u r p r is e o r excusable n...

Excerpt: ...tion under Section 340.1 of the Co d e o f Civ il P r o c e d u r e b y f ilin g h e r Co m p la in t . Under the then operative version of Code of Civil Procedure section 340.1, this action appears initially timely filed under the revival term of subsection (q). (“Notwithstanding any other provision of law, any claim for damages described in paragraphs (1) through (3), inclusive, of subdivision (a) that has not been litigated to finality and t...

Excerpt: ...erence with prospective economic advantage, breach of implied d u t y o f g o o d f a it h a n d in t e n t io n a l in f lic t io n o f e m o t io n a l d is t r e s s a g a in s t Defendant California Department of Developmental Services, California governmental agency. (Complaint ¶ 2. ) The complaint is based upon a settlement agreement between Plaintiff and Defendant after Plaintiff was dismissed on July 21, 2015 from his position with Defen...

Excerpt: ...ed petition. Case manageme nt Conference is continued to June 6, 2024; 8:30 am; D1 . Fa ct s P e t it io n e r / P la in t if f is t h e Bu ild in g In d u s t r y As s o c ia t io n Tu la r e Kin g s Co u n t ie s , In c ., hereafter “BIATKC,” is a California nonprofit corporation that works to provide se rvice s, ne t working and re source s t o all builde rs, de ve lope rs, cont ract ors and associate d businesses in the building industry ...

Excerpt: ...viving spouse of Decedent Joanne Akpkarian -Souza (“Decedent”), alleges negligence based on the passing of Decedent on January 29, 2023 . The complaint was served December 28, 2023 . Plaintiff named Defendants “Kaweah Health Medical Group” and “Kaweah Health Medical Center.” (as well as Joseph Ford, D.O.) (Complaint. ) On December 28, 2023, “Defendants, KAWEAH DELTA HEALTH CARE DISTRICT dba KAWEAH HEALTH MEDICAL GROUP and KAWEAH HEA...

Excerpt: ...”); on September 30, 2022 D efendant opened an American Express Bonvoy Brilliant Amex Card Account with a current account number, last four digits 2004 (the ''2004 Account'') (collectively ''the Accounts'') (UMF Nos. 1, 12. ) The terms and conditions for use of the Accounts are governed by Cardmember Agreements. (UMF Nos. 2, 13. ) American Express sent Defendant a copy of the Cardmember Agreements along with the ...

Excerpt: ... arbitrator be confirmed by this Court . Plaintiff subsequently filed for arbitration with the AAA. An arbitration hearing was held between Plaintiff and Defendants on October 17, 2023 . On or around November 7, 2023 the Arbitrator John C. Lautsch rendered the “Final Award” which named Plaintiff the prevailing party, granted Plaintiff damages in the amount of $3,500, and attorney's fees in the amount of $27,748.55, and indicated that “shou ...

Excerpt: ...counsel for both parties that some, but not all, issues on these discovery motions have been resolved . The Court has reviewed the supplemental declarations filed by counsel . Defendant's counsel indicates that, while contact has been recently made with Defendant, Defendant remains homeless and without the documents or information necessary to respond to the discovery . Plaintiff's counsel provides the following as to the remaining issues : Reque...

Excerpt: ...of recovery of costs, is the prevaili ng part y. Plaintiff, on January 5, 2024, provided notice of entry of the above referenced ju d g m e n t b y e m a il. Plaintiff, on January 22, 2024, filed their memorandum of costs on MC -1 0 , seeking to recover $49,228.76 as follows: Co s t Amount Ch a lle n g e b y Defendant? 1. Filing and Motion Fees $645.00 Ye s 2 . J u ry Fe e s $912.29 No 4. Deposition costs $11,1175.64 No 5. Service of Process $190...

Excerpt: ...ny, seeks to recover sums paid to its insured through the alleged responsible Defendants, Jason Curiale and Mary Padovich. Plaintiff filed proofs of service on August 14, 2023 indicating personal service on P a d o v ic h a n d s u b s t it u t e s e r v ic e o n Cu r ia le o c c u r r e d in J u ly 2 0 2 3 . On January 10, 2024, default was entered in favor of Plaintiff. On January 26, 2023, default judgment was entered in the amount of $12,788....

Excerpt: ... October 9, 2021 and caused damage to Plaintiffs' property located next door to the Defend ant's property. P la in t if f s f ile d t h is c o m p la in t o n O c t o b e r 6 , 2 0 2 3 . Plaintiffs allege they are owners of 805 S. Court Street and that Defendant is the owner of 807 S. Court Street. (Complaint ¶ ¶ 8, 9. ) As to negligence, the complaint alleges a 2020 fire at the 807 S. Court address and June or July 2021 renovation of the 807 S...

Excerpt: ... the Court will not entertain this combination demurrer, motion to deem Plaintiff a vexatious litigant and for “return of fees.” The Court will adjudicate demurrer of Defendant Singh Sr, the only moving party . Any issue as to costs and recovery thereof are not at issue on this demurrer and, absent other circumstances not applicable here, are properly recovered upon final a d ju d ic a t io n o f t h is c a s e . As to complex designation, th...

Excerpt: ...tion to “permit Plaintiff to file an amended complaint substituting the Defendants' names in place of their f ic t it io u s (D o e ) d e s ig n a t io n . ” The Court, on January 5, 2023, however, denied the motion, stating : “Here, the Court has further reviewed in camera the certificate of corroborative fact executed by Plaintiff's counsel. […] However, Plaintiffs' counsel, in the Court's opinion, fails to state the source of any of th...

Excerpt: ...action only . On January 25, 2024, Defendant filed this motion to compel arbitration based upon an executed Arbitration Agreement, signed by Plaintiff on March 3, 2022 and stating : “Employee and Employer (collectively referred to as the “Parties”) understand and agree that any dispute arising out of or relating to Employee's employment, except for thos e disputes expressly excluded below, will be submitted to final and binding arbitrat...

Excerpt: ...tgomery. Defendants are Tad Edwards and Melissa Barber. (First names are used herein to differentiate between the individuals and partnership. ) On or about December 13, 2021, Plaintiffs Bret and Anthony filed a verified complaint as to dissolution of the partnership alleging causes of action for breach of the partnership agreement, breach of fiduciary duty, for an accounting and for the appointment of a receiver . On or about September 12, 2022,...

Excerpt: ...ke, with leave to amend; Plaintiff shall have ten (10) days to file an amended complaint. Case Management Conference is continued to May 15, 2024; 8:30 am; D1. Facts Common to (1) and (2 ) On November 6, 2023, Plaintiff Juan “David” Corona (“Plaintiff”) filed his Complaint against Defendant Irish Electric Corporation (“Irish” or “Defendant”) for the following causes of action: (1) Failure to Pay Off -the -Clo c k Tim e ; (2 ) Fa i...

Excerpt: ...'s motion for relief moot and places the cas e at issue and ready to set for trial; (2) To deny the motion. (1 ) Fa ct s P la in t if f f ile d t h e in it ia l c o m p la in t Ap r il 4 , 2 0 2 2 a n d s e r v e d D e fe n d a n t Is o d o r o Fernandez personally on July 11, 2022. Defendant Fernandez answered the complaint July 8, 2022 . Plaintiff filed an amended complaint June 16, 2023 . Plaintiff served Defendant with the amended complaint v...

Excerpt: ... and for sanctions against Defendant for an alleged breach of a settlement agreement entered into after mediation on November 17, 2023 . Plaintiff states “FCA is holding the settlement hostage by trying to add terms that were not agreed upon at mediation. FCA's conduct of (1) delaying the settlement to add terms not negotiated and/ or agreed upon at mediation; (2) refusing to honors (sic) it s obligations under the settlement; and (3) creating ...

Excerpt: ...st Oakwood Drive, Tulare, CA 93274 [‘Subject Property']” (C o m p la in t ¶ 4 . ) P laintiff names individual Defendants Gerardo Lara and Dora Lara, as well as all “all persons claiming by, through or under such person, and all persons unknown, claiming any legal or equitable right, title, estate, lien, or interest in the property describ ed in the compliant, adverse to plaintiff's title thereto” (hereinafter referred to as “unknown de...

Excerpt: ... $171,514.32) The gross settlement amount is $662,000. Plaintiff estimates approximately 131 proposed Class Members, providing an estimated average payout of $1,309.27 per member. The Class Members consist of: All p e r s o n s e m p lo y e d b y D e f e n d a n t Vis a lia Ce r a m ic Tile , In c . in t h e p o s it io n o f Tile Helper/ Finisher in the State of California who worked at any time between June 21, 2014, to November 4, 2021, and di...

Excerpt: ... dangerous condition of an uneven, broken or deteriorating road causing Plaintiff to lose control of his motorcycle in June 2021. Af t e r t h e t r ia l, t h e ju r y is s u e d a v e r d ic t in f a v o r o f t h e P la in t if f , f in d in g a s f o llo w s : 1. The County owned or controlled the Subject Property; 2. The Subject Property was in a dangerous condition; 3. The County had notice of the dangerous condition for a long enough time f...

Excerpt: ...0, 2023, default judgment was prepared to be entered in the amount of $33,903.93, but was placed on hold pending the January 3, 2024 ex parte hearing to set aside the entry of default. No judgment has been entered in this matter. On January 3, 2024, at the ex parte hearing, the Court set this matter for a noticed motion on this hearing date. In support of the motion, the Court has reviewed the only filing by Defendant in this matter on December 2...

Excerpt: ...purchase of undeveloped real property form Defendants subject to a number of agreements and assignment of the rights under those agreements. In September 2020, Defendants Donahue Schriber Realty Group, L.P. and Donahue Schriber Asset Management Corporation (collectively “Donahue Schrieber”) as seller, entered into a purchase and sale agreement and joint escrow instructions (the “PSA”) with Salim Development Group, as buyer, for a parcel o...

Excerpt: ...in the performance of certain dental implant treatment. As to the third cause of action for fraudulent misrepresentation, Plaintiff seeks "reasonable attorneys' fees and costs" and on all causes of action "for attorneys' fees authorized by law." The first amended complaint also states: "14. The actions of Defendant Redwood Family Dentistry and its associated dentists, particularly Dr. Jessy Malli, D.D.S., constitute a clear violation of the Calif...

Excerpt: ... schedule: Defendant agrees to pay Plaintiff a minimum of $200.00 due on or before 5/31/2023, then a minimum of $200.00 due by the 30th day of each and every month thereafter beginning 6/30/2023, until Defendant has paid the total judgment amount. The stipulation also prov-des that Defendant agrees to pay any first appearance fee should Plaintiff file the stipulation. The stipulation does not provide for any other costs. Defendant made two initia...

Excerpt: ... the hearing were made by either party and the Court sent notice of its ruling by mail the same day. On December 7, 2023, Defendant moved this Court ex parte to dismiss the matter for failing to timely amend the complaint. The Court then set this matter for noticed moton on January 4, 2024 date. The Court then continued the matter to this date and is hearing this motion simultaneously with the moton to expunge lis pendens. Defendant states that t...

Excerpt: ...ms pending arbitration. Background Facts In this matter, Plaintiff, on behalf of himself and other persons similarly situated, brings various causes of action for violations of California's Labor Code and unfair competition laws on a class wide basis, and for violations of the Private Attorneys General Act (PAGA). Plaintiff has named as defendants Shannon Bros. Co and SBC U)gistics, Inc. Defendants, collectively, move for an order compelling arbi...

Excerpt: ...aintiffs presented the Subject Vehicle to GM's authorized repair facility on three (3) different occasions. Plaintiff filed this lawsuit in June 2020, alleging violations of the Song-Beverly Act, breach of express and implied warranties and fraud by omission. The matter resolved via settlement and Plaintiffs move for recovery of attorneys' fees and costs pursuant to this noticed moton. Plaintiff notes that it engaged in what the Court considers t...

Excerpt: ... modify all references to 1981 to "from 1984 to 1986." Plaintiff states that upon review of her foster care records, it was discovered that Plaintiff was a dependent of Defendants from 1984 to 1986 and Plaintiff was placed by Defendants in a foster care home located in the County of Tulare in 1984. (Declaration of Kelly 96.) However, the Court has never authorized the substitution of the fictious name Doe 1 for the true name of Doe 1. The Court's...

Excerpt: ...ass action and PAGA settlement, attorneys' fees, costs, enhancement award, LWDA payment and class certification for settlement purposes came on for hearing on January 18, 2024. The court finds and rules as follows: On July 18, 2023, the settlement administrator, IYLM, received a mailing list of 276 potential class members from Defendant's counsel with names, contact information, social security numbers and relevant employment information. This in...

Excerpt: ...days from the date of this hearing. This is a collections case filed by Plaintiff for open book account against Defendant Bohde. Plaintiff filed a proof of service indicating personal service occurred on April 1, 2023 as to Defendant Bohde. Default was entered May 22, 2023. Default judgment was entered October 2, 2023. On November 13, 2023, Defendant, through counsel, filed this motion for relief from default judgment. Counsel has filed a declara...