Excerpt: ...ue is proper because the defendant entered into a contract here, the contract was to be performed here and real property that is the subject of this a c t io n is lo c a t e d h e r e . Damages of $150,000 are sought. The complaint [1 ] contains a second cause of action for breach of covenant of good faith. Here, Plaintiff alleges “The written lease, like all contracts…contains an implied covenant of good faith and fair dealing.” (Complaint...

Excerpt: ... herself in this matter on April 12, 2024 . The complaint alleges professional negligence against counsel in an active, pending dissolution of marriage matter, Case No. VFL283349. Plaintiff's current counsel is “attempting to correct or mitigate Defendant's alleged negligence. [¶ 10 De c. MLF.] If P la intiff's current counsel is successful, this current professional negligence matter may be resolved or at least damages will be fixed. ...

Excerpt: ...the date of this ruling . Fa ct s Plaintiff Ecure “does business with emergency medicine practice groups, including b u t n o t lim it e d t o N ES H e a lt h (“N ES”), w h o a r e r e s p o n s ib le f o r p r o v id in g lif e s a v in g healthcare services on an emergency basis to members of Defendant's health care service pl an and health insurance plan.” (FAC ¶ 8. ) Defendant Blue Cross of California is a health service plan subject...

Excerpt: ...urton is noted as a defendant and the complaint alleges venue is proper because the defendant entered into a contract here, the contract was to be performed here and real property that is the subject of this action is located here. Paragraph 8 states “the following causes of action are attached” and Plaintiff checked the boxes for breach of contract and other, indicating breach of covenant of good faith and fair dealing, breach of covenant of...

Excerpt: ...by the County of Tulare . Petitioner's facts are generally stated as follows : On Fe bruary 26, 2019, an RMA Code Enforce me nt Office r pe rsonally se rve d Petitioner with an abatement warrant dated February 21, 2019 and proceeded to abate all of Petitioner's and family's personal property . On September 23, 2019, RMA Officer Hector Ramos Jr. served Petitioner with a notice which demanded payment in the sum of $86,722.95, for the cost of the ab...

Excerpt: ...on with W. Compton Avenue in the city of Pixley, California, when a vehicle owned by Defendant Mario Abundez, and driven by Defendant Palm ira Abundes, traveling on W. Compton Avenue, failed to stop at a marked stop sign and struck Plaintiff's vehicle, resulting in injuries and damages to Plaintiff. Defendant Palmira Abundes, and DOES 1 to 20, inclusive, negligently operated her motor vehicle by, including but not limited to, failing to keep ...

Excerpt: ...iner matter, concerning property located at 1200 S. Aster Avenue, Lindsay, CA 93247 (“Subject Property”), was filed April 2, 2024 . The Court notes this matter involves a commercial lease. (Complaint - Ex. 1 ) On April 5, 2024, Plaintiff filed proofs of service indicating substitute service on Defendants Denis and Jean Bonifillio via “JOHN DOE. Age: 40; Ethnicity: Caucasian; Gender: Male; Weight 225; Height: 5'1 0"; Hain Brown; Eyes...

Excerpt: ...3, 2024. The minute order notes “Plaintiff's Counsel notes trial date must be set within 120 days and requests trial set.” The Court notes that 120 days from the case management conference would be approximately July 24, 2024. Defendants seek to continue trial on the basis of a missing indispensable party, Plaintiff Josefina Lara Perez Rivera in Case No. PCU306657, who was a passenger in the same vehicle as the Plaintiffs in this matter, and ...

Excerpt: ...ugh 5 (and authenticating Attachment 2, a May 23 throug h June 22, 2023 statement) as follows : 1. Defendant had a credit account number ending in 2966 issued by Plaintiff . 2. Defendant received periodic statements regarding account 2966 issued by P la in t if f . 3. As of September 18, 2023, the balance owed by Defendant on account 2966 was $12,781.61. 4. No payments have been made on account 2966 since September 18, 2023 . 5. The last payment ...

Excerpt: ...f Civil Procedure section 946.6(e) . Fa ct s Petitioner seeks relief from the claims presentation requirement via this petition as to causes of action for negligence and premises liability that accrued September 5, 2022. The Court notes that Petitioner filed an Amended Petition on April 8, 2024 by stipulation that appears to add the Housing Authority of Tulare as an additional Respondent . The Amended Petition states that Petitioner was injured w...

Excerpt: ...ct s This unlawful detainer matter, concerning residential property located at 1200 S. Aster Avenue, Lindsay, CA 93247 (“Subject Property”), was filed April 2, 2024. On Ap r il 5 , 2 0 2 4 , P la in t if f f ile d p r o o f s o f s e r vic e in d ic a t in g s u b s t it u t e s e r v ic e o n Defendants D e n is a n d J e a n Bo n if illio v ia “J O H N D O E. Ag e : 4 0 ; Et h n ic it y : Caucasian; Gender: Male; Weight 225; Height: 5'...

Excerpt: ...or various violations of the Labor Code and unfair business practices under Business and Professions Code section 17200 against Defendant Kaweah Container, Inc . Plaintiff's complaint currently does not contain a cause of action under the Private Attorney General Act (PAGA) . O n M a r c h 2 6 , 2 0 2 4 , D e f e n d a n t f ile d a p e t it io n t o c o m p e l a r b it r a t io n a n d d is m is s the class action claims. In support, Defendant ...

Excerpt: ... no later than ten (10) days from the date of this ruling . Fact s In the third amended complaint, Plaintiff alleges eleven causes of action for discrimination, retaliation, failure to provide reasonable accommodation, failure to engage in interactive process, failure to prevent discrimination or retaliation, interference with CFRA leave, CFRA leave retaliation, violation of Labor Code sections 233, 246.5, and 1102.5, wrongful termination of empl...

Excerpt: ... presented at the hearing; Counsel may appear in any manner; the Court notes that it issues no ruling as to Respondents State of California and County of Tulare based upon a lack of proper service of the Petition on these Respondents . Background Fact s The Court continued this matter previously and sought supplemental facts underling the calendaring error claimed as the basis for this petition. The Court is in receipt of Plaintiff's counsel's de...

Excerpt: ...dure section 946.6(e) . Fa ct s Petitioner seeks relief from the claims presentation requirement via this petition as to causes of action for negligence and premises liability that accrued September 5, 2022. The petition states that Petitioner was injured when the roof of her apartment located at or near 13 North N Street #134, Tulare, California 93274 (“Subject Property”) suddenly fell and landed on Petitioner's person. Petitioner indicates ...

Excerpt: ...Property”), is based upon a three day notice to pay rent or quit (“Notice”). The Notice, dated January 29, 2024 and attached as an Exhibit to the complaint, seeks $700 in past due rent from December 20, 2023 through January 20, 2024. The notice provides that the past due rent may be paid to Plaintiff Rivera, in person, Monday throu gh Friday, 8:00 am through 3:00 pm, but does not provide an address or location to make the past due rent paym...

Excerpt: ...The box 3.b. is checked “Defendant admits that all of the statements of the complaint or cross -complaint arc true EXCEPT:” and no statements are noted as false or denied for lack of information and belief . However, the answer then states “This exact issue went to court and was dismissed. I pray for the money demanded all of it please be forgiven. I am on a f ixe d in c o m e , ju s t e xis t in g , d is a b le d s e n io r c it ize n …�...

Excerpt: ...r Street, Porterville, CA 93257 (the “Subject Prope rt y”). On February 26, 2024, Plaintiff filed a proof of service indicating that law enforcement served Defendant Jorge Meza on February 20, 2024 via personal s e r v ic e . On February 27, 2024, default and default judgment for possession only was entered. The writ of possession issued the same day . On March 5, 2024, Defenant filed this ex parte application for relief from default and defa...

Excerpt: ...ce that may be presented at the hearing; Counsel may appear in any manner; the Court notes that it issues no ruling as to Respondents State of California and County of Tulare based upon a lack of proper service of the Petition on these Respondents . Background Fact s The Court continued this matter previously and sought supplemental facts underling the calendaring error claimed as the basis for this petition. The Court is in receipt of Plaintiff'...

Excerpt: ...ion for relief from default. In support, Defendant checks the box for inadvertence and oversight, states alleged meritorious defenses, states “I did not understand that I had to respond to the Plaintiff's papers in five days…” Notice appears properly made to Plaintiff's attorney via voicemail. Authority and Analysis As to the motion for relief from default judgment, it must be made within a reasonable time, not to exceed six months, after t...

Excerpt: ...he same evidentiary issues identified below, was made by Defendant on demurrer. The Court overruled the demurrer. Defendant answered the complaint on January 22, 2024. Defendant thereafter filed this motion for judgment on the pleadings. The complaint attaches a three day notice (“Notice”) (Exhibit 2) and proof of service thereof (Exhibit 3) that indicates service of the Notice was made to Defendant personally and by posting and mailing to th...

Excerpt: ... attaches the Notice as Exhibit 2 and the proof of personal service on both Defendants as Exhibit 3. The Notice names the Defendants, states the address of the Subject Property, states an amount of rent due as $770, states the time, manner and place of payment of rent via Plaintiff's attorney and its office, provides three days to bring the rental amount current and is executed by the Plaintiff's trustee. The Notice was served personally on Decem...

Excerpt: ...e basis of an improperly served three day no
Ÿce. The Court, on January 9, 2024, overruled the demurrer and expressly ordered Defendant to Þle an answer no later than Þve days from the date of the hearing. Instead, Defendant, on January 11, 2024, Þled an un
Ÿmely mo
Ÿon for judgment on the pleadings in contraven
Ÿon of the Code of Civil Procedure and this Court's order. Code of Civil Procedure sec
Ÿon 438(f)(2) authorizes the Þling of a ...

Excerpt: ...l malpractice that accrued August 16, 2022. The petition states that on August 16, 2023, Petitioner applied to Defendants Sierra View Local Health Care District, Tulare County, City of Porterville, and State of California for permission to file a late claim under Government Code section 911.4. No presentation of claim had occurred as to any Defendant under Government Code secton 911.2. The City of Porterville denied the application on September 6...

Excerpt: ...023, served Form Interrogatories — General, Set One, Form Interrogatories — unlawful Detainer, Set One, and Requests for Admission, Set One on Defendant Tovar via overnight delivery. No responses have been received as of the date of filing of this motion. Trial (and this motion) was initially set for January 2, 2024. Defendant was served personally with this moton pursuant to the filed proof of service. 80th trial and this motion were continu...