Excerpt: ...t between March 20, 2017 and November 27, 2017, she provided farm labor contractor services to defendants at defendant's request, and defendant presently owes $141,944.26, plus interest, and has not paid. Defendant answered on July 3, 2020. On November 27, 2019, this court ordered the case related to Gudino v. Hernandez, et al., Case No. 19CV03736 (in which there is also a request for a pretrial writ of attachment). Meanwhile, on October 29, 2019...

Excerpt: ...o quash service of summons for lack of personal jurisdiction and dismisses plaintiff Jacob O'Donnell's action against Mobility Lifter, LLC. Background On July 1, 2020, plaintiff Jacob O'Donnell filed a complaint against defendants Mobility Lifter, LLC (Mobility), and Health Wise at Home (Health Wise). Plaintiff alleges: Plaintiff had a brother and sister-in-law living in Massachusetts that he wanted to visit. Because his brother's home is not whe...

Excerpt: ... judgment debtor Dr. R. Gregory Lowry, DDS, Inc., for a protective order is granted. Judgment debtors are not required to produce the individual tax returns of Dr. Gregory Lowry in response to the subpoena here at issue. All parties' requests for awards of monetary sanctions are denied. Background: On June 10, 2013, judgment was entered in this action on the stipulation of the parties. On July 18, 2014, an amended judgment was entered, nunc pro t...

Excerpt: ...r.com; [email protected] Ruling: For the reasons set forth herein, the motion of plaintiffs for final approval of the settlement of this class action is granted. Counsel for the plaintiff class shall prepare and lodge with the court a judgment consistent with this order and California Rules of Court, rule 3.769(h). Background This is a putative class action involving gift cards. Plaintiff Karen Powell is a California resident and consumer. Defe...

Excerpt: ...2940, et seq.) ; declaratory judgment; wrongful termination in violation of public policy; and numerous wage and hour violations, including unpaid overtime, failure to provide meal and rest periods, failure to pay final wages in timely manner, noncompliant wage statements, and violation of Unfair Competition per Business and Professions Code section 17200, et seq. Plaintiff worked for defendant as an “intake specialist,” starting January 27, ...

Excerpt: ...as an easement over defendant's parcel for ingress, egress and driveway purposes. Plaintiff alleges that since the time the easement was created, conditions surrounding its use and scope have changed. There is currently no gate at the entrance of the easement, where the driveway meets Edison Road. Plaintiff has experienced trespassers and prowlers on her property, which she alleges are the result of the ungated driveway easement. Plaintiff seeks ...

Excerpt: ...l, Nussbaum & Polakov For Defendant Daniel Stawiecki: Scott L. MacDonald, Ivette Kincaid, MacDonald & Cody, LLP For Defendant Manifest Building, Inc., dba Ecolawn SB: Darren W. Epps, Epps & Gilroy LLP TENTATIVE RULING: The motion of defendant Daniel Stawiecki to strike portions of plaintiffs' complaint is denied. Defendant Stawiecki shall file and serve his answer to the complaint on or before October 13, 2020. Background: As alleged in plaintiff...

Excerpt: ...chis Balcazar: Brian Chase, Scott Ritsema, Bisnar Chase; Hussein A. Chahine, Chahine Law, APC For Defendants Pantoja Truckline, Inc., Fresh Express & Logistics, Inc., Noe Santos Garza, David Ancelmo Patoja Ortiz, Jesus Pantoja, and Rebecca Pantoja: Jerri L. Johnson, Natasha A. Kader, Acker & Whipple For Defendant Ford Motor Company: Daniel S. Rodman, Sara G. Odegaard, Chariese R. Solorio, Snell & Wilmer LLP; Mary Quinn Cooper, Andrew L. Richardso...

Excerpt: ...s overruled in its entirety. Defendants are directed to file their answer to the FAC on or before October 8, 2020. Background: Plaintiff Normal Colavincenzo (Colavincenzo) filed this action on February 4, 2020. His operative First Amended Complaint (FAC), filed June 9, 2020, alleges causes of action for (1) violation of Labor Code section 970, and (2) fraud by false promise. It names as defendants ShelterBox USA, Inc. (ShelterBox), a Florida corp...

Excerpt: ...all be dissolved. Background: On September 12, 2019, the court entered a Judgment on Sister-State Judgment in favor of judgment creditor JP Wilson against judgment debtor Robert Shumake in the amount of $760,213.13. The underlying default judgment was entered in the Oakland C Michigan on February 27, 2019. On October 17, 2019, Shumake filed a motion to vacate sister state judgment, alleging that the judgment had been served by certified m an appe...

Excerpt: ... denies the motion in all other respects. The court denies the requests for monetary sanctions. 2. The court denies the motion of defendants Maribel Pratt and Student Transportation of America, Inc., to compel further responses to request for production of documents, set one. The court denies the requests for monetary sanctions. 3. The court grants the motion of defendants Maribel Pratt and Student Transportation of America, Inc., to compel furth...

Excerpt: ...an R. Cole, Metzger Law Group For Defendant NuSil Technology LLC (Doe 1): Melissa J. Fassett, Timothy E. Metzinger, Price, Postel & Parma LLP For Defendant Praxair, Inc. (Doe 2): Thomas C. Corless, Sue H. Kim, Wilson, Elser, Moskowitz, Edelman & Dicker LLP RULING: For the reasons set forth herein: (1) The demurrer of defendant NuSil Technology LLC is sustained, with leave to amend, to each of the causes of action of plaintiff Barbara Sanchez's co...

Excerpt: ...imothy Delaney [“Defendant”], is represented by Martin P. Cohn Emails: [email protected]; [email protected] Rulings: 1. Defendant shall serve his responses to Form Interrogatories - General [Set No. One (1)] no later than September 25, 2020, at noon; and 2. Defendant shall serve his responses to Special Interrogatories [Set No. One (1)] no later than September 25, 2020, at noon; and 3. Plaintiff's Requests for Admission [Set No....

Excerpt: ...0, to be heard, and defendant and cross-complainant Karl E. Pilgeram's Motion to Enforce Settlement in this action, which is set for hearing on October 23, 2020, to be heard. BACKGROUND: In 1990, Laurence O. Pilgeram (“Mr. Pilgeram”) contracted with plaintiff Alcor Life Extension Foundation (“Alcor”) to have his remains cryogenically preserved upon his death. To cover the cost of the procedure, Mr. Pilgeram purchased a $100,000 life insur...

Excerpt: ...tract, in which plaintiff sought $131,104.76 in damages. Defendant prevailed at trial. One of the contracts that was the subject of the action contained a provision entitling the prevailing party in any litigation based upon, arising from, or in any way related to the agreement or its contemplated transactions, to all reasonable fees and costs incurred, including all reasonable attorneys' fees and costs, and all reasonable expert witness fees and...

Excerpt: ...BH Holdings, LLC's motion to strike the answer of defendant Medtastic, LLC. The court grants defendant Medtastic, LLC ten days to file an answer by counsel. Background: On January 9, 2020, plaintiff BBH Holding, LLC, filed its complaint for breach of lease and breach of guaranties against Medtastic, LLC; Brian Beynon (also known as Gary Brian Beynon); and Zachary Berger. BBH is the lessor of a commercial building at 1030 Cindy Lane, Unit A, in Ca...

Excerpt: ... augment the record. On August 24, 2020, the court allowed additional briefing. Petitioner's additional brief was filed September 4, 2020 and County's was filed September 9, 2020. Whether the present petition is for traditional mandamus (Code Civ. Proc., § 1085) or for administrative mandamus (Code Civ. Proc., § 1094.5), the court's review of a governmental agency's actions or decisions is generally limited to the administrative record. Public ...

Excerpt: ...or defendant John Kenney Construction, Inc. George Knopfler of Hamrick & Evans LLP for defendant Big Red Crane Company, Inc. TENTATIVE RULING: The motion is granted, and this action is set for ta Case Management Conference on January 19, 2021, the date that the case would otherwise be entitled for preferential commencement of trial, with the understanding that it will not go forward on that date, but will be set in accordance with rules governing...

Excerpt: ... First Amended Complaint ATTORNEYS: Gary Ho for Plaintiff Sebastian Gupta Nina J. Kim for Defendant Mazda Motor of America, Inc. TENTATIVE RULING: Defendant's demurrer to plaintiff's third and fourth causes of action for breach of implied warranty under the Song-Beverly Consumer Warranty Act and unjust enrichment is sustained without leave to amend. As to plaintiff's remaining claims, defendant's demurrer is overruled. Defendant's motion to strik...

Excerpt: ...s granted as set forth herein. Plaintiff is awarded monetary sanctions in the total sum of $3,500.00. BACKGROUND: This is a putative class action wage and hour lawsuit brought by plaintiff Jorge Delgado, individually and on behalf of others similarly situated, against his former employer, defendant SBBC Brewhouse, LLC. Plaintiff was employed by defendant from 2003 to December 2018 doing cleaning, dishwashing, stocking, and food preparation. Plain...

Excerpt: ... Court has reviewed the Administrative Record lodged by petitioner, and refers to the record for the full factual background of this proceeding.] Born in 1978, Uhrig underwent two kidney transplant procedures as a child, the first in 1985, and the second in 1996. Uhrig began work as a custody deputy in September 2006. He worked for the Santa Barbara County Sheriff's Department as a custody deputy at the county jail from 2006 through 2017. He sust...

Excerpt: ...s complaint: Butler America, Inc., is the predecessor in interest to plaintiff Butler America, LLC (collectively, Butler or Buyer). (Complaint, ¶ 1.) On September 21, 2013, Butler purchased Kenton Group.com, LLC, (Kenton or Company) and Double Eagle Design (Double Eagle) (collectively, the Kenton Group Acquisition) pursuant to an Equity Purchase Agreement (EPA). (Complaint, ¶ 8 & exhibit 1 [the EPA].) Butler had retained its attorney, defendant...

Excerpt: ...filing of their motion to strike and/or tax costs and grants their motion to strike and/or tax defendants Adi Kazali, Santy Kazali, and Harry Kazali's memorandum of costs. 3. The court denies defendants Adi Kazali, Santy Kazali, and Harry Kazali's motion for attorney's fees under CCP § 128.5. The court orders defendants Adi Kazali, Santy Kazali, and Harry Kazali to pay plaintiffs' attorney, Brendan Patrick Maloney, expenses and attorney's fees t...

Excerpt: ... on December 29, 2017. Background On January 11, 2012, the court entered a Judgment by Stipulation in the amount of $9,538.42 in favor of plaintiff Citibank (South Dakota), N.A., against defendant Fernando B. Arroyo. On December 29, 2017, plaintiff filed an Acknowledgement of Satisfaction of Judgment, which had Case Number 1372356 in the caption and referenced a judgment entered on January 31, 2011, not January 11, 2012. (Case No. 1372356 involve...

Excerpt: ...mblisslegal.com; [email protected] RULING: For the reasons set forth herein, the petition of petitioner Jeremy Paul Santizo for issuance of a writ of mandate is denied. Background On February 19, 2020, A.J. Kretzmar, Driving Safety Officer for the California Department of Motor Vehicles, issued a Notification of Findings and Decision (Decision) following an administrative hearing held on February 13, 2020, regarding the revocation of the ...