Excerpt: ...personally served. On January 31, 2020, plaintiff secured entry of default, and on March 3, 2020, the court entered default judgment (in the amount of $1,721.36, which included $241 in costs). Plaintiff filed the first motion to vacate default judgment on July 8, 2020, with an original hearing for August 18, 2020, and thereafter seeking a dismissal. Plaintiff indicated that it was made aware that defendant debtor had filed a Chapter 7 bankruptcy ...

Excerpt: ...charges. Bail was continued. On July 31, 2019, with defendant present, the court continued the readiness and settlement conference to October 9, 2019. Bail bond was continued. Defendant did not appear on October 9, 2019. The court ordered bond forfeited, issued a warrant, and imposed a $500,000 bond. (Case No. 17CR11845.) Notice of Forfeiture of Bond was mailed on October 10, 2019. (Pen. Code, § 1305, subd. (b)—clerk of the court shall, within...

Excerpt: ...failure to pay all overtime wages (§§ 204, 510, 558, 1194, 1198); failure to provide meal periods (§§ 226.7, 512, 558); failure to authorize and permit rest periods (§§ 226.7, 516, 558); failure to provide accurate, itemized wage statements (§§ 226, et seq.); and failure to indemnify all necessary business expenditures (§ 2802). Plaintiff also alleged a violation of the Business and Profession Code section 17200, and requested civil pena...

Excerpt: ...ion for: (1) breach of written contract; (2) negligent misrepresentation; (3) intentional misrepresentation; (4) unfair business practices in violation of Business & Professions Code; (5) constructive trust; (6) equitable lien; (7) resulting trust; (8) declaratory relief. On November 15, 2019, plaintiff filed a Notice of Settlement of Entire Case. On November 18, 2019, plaintiff filed a Stipulation and Order for Court to Retain Jurisdiction. Plai...

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: ...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: ... 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: ...rthern Division, issued an order indicating that “there is no stay in this case prohibiting the enforcement of a final judgment against Salvatore Espresso Systems, Inc.” The bankruptcy court also lifted any stay involving the individual debtors Salvatore Cisaria and Wendy Stephen, meaning the motion on calendar today can go forward against them as well, although enforcement of any judgment must be made/advanced through the bankruptcy proceedi...

Excerpt: ...d Farmer. Further, Farmer requests that the Court retain jurisdiction to enforce this settlement pursuant to Code of Procedure section 664.6. This motion is made pursuant to Code of Civil Procedure section 664.6 and on the grounds that: the parties' claims have been addressed in the Settlement, which is fair and equitable for the parties, as well as for the potential beneficiaries of the Carrari Family Trust.” (Emphasis added.) Both the notice ...

Excerpt: ... are what appear to be two written agreements, consummated between June 20, 2010, and July 1, 2019, titled “Farm Labor Contractor H-2A Services Agreement[.]” In the first agreement, plaintiff agreed to provide defendant 50 farm workers through its “2019 H-2A” program. In the second agreement, plaintiff agreed to provide defendant an additional 70 H-2A workers. Plaintiff alleges that defendant “failed to pay . . . for services under the ...

Excerpt: ...ned community of interest, and (3) that certification will provide substantial benefits to litigants and the courts, i.e., that proceeding as a class is superior to other methods. [Citations.] In turn, the ‘community of interest requirement embodies three factors: (1) predominant common questions of law or fact; (2) class representatives with claims or defenses typical of the class; and (3) class representatives who can adequately represent the...

Excerpt: ...dba Pacific Blue Property Mgt) alleging that it unilaterally attempted to alter the terms of the lease agreement regarding payment of utilities so that cross-complainants would be paying a larger amount. The claims in the complaint were settled and dismissed on August 30, 2019. The claims in the cross-complaint were tried and the court found in favor of Plus Property Management on March 2, 2020. The court ordered “attorney Matthew Nash to prepa...

Excerpt: ...nd 1197) ; failure to pay all overtime wages (§§ 204, 510, 558, 1194, 1198); failure to provide meal periods (§§ 226.7, 512, 558); failure to authorize and permit rest periods (§§ 226.7, 516, 558); failure to provide accurate, itemized wage statements (§§ 226, et seq.); and failure to indemnify all necessary business expenditures (§ 2802). Plaintiff also alleged a violation of the Business and Profession Code section 17200, and requested...

Excerpt: ...dba Pacific Blue Property Mgt) alleging that it unilaterally attempted to alter the terms of the lease agreement regarding payment of utilities so that cross-complainants would be paying a larger amount. The claims in the complaint were settled and dismissed on August 30, 2019. The claims in the cross-complaint were tried and the court found in favor of Plus Property Management on March 2, 2020. The court ordered “attorney Matthew Nash to prepa...

Excerpt: ...vies. Judgment creditor now seeks an order of assignment to satisfy the judgment, specifically of payments from third party merchant service providers or payment settlement entities such as Intuit Payment Solutions, Elavon, Inc. and American Express Travel Related Services. 1 1 Judgment creditor represents that in 2018, Arcadian Winery received payments from these entities totaling $136,756.92. Code of Civil Procedure section 708.510 provides, up...

Excerpt: ... double time wages; (2) failure to provide rest periods; (3) failure to reimburse business expenses; (4) failure to pay all wages due at separation; (5) failure to provide accurate wage statements; (6) unfair competition. Defendant's answer was filed on October 21, 2019. On Calendar Defendant Investment Concepts, Inc. moves for an order compelling arbitration. The hearing was set for January 28, 2020. Opposition was filed on January 14, 2020. Rep...

Excerpt: ...y the statute of limitations because the amendment substituting Emilee Follett was filed more than two years after the date the incident occurred. An action for injury caused by the wrongful act of another must be pled within two years from the date of the incident. (Code Civ. Proc., § 335.1.) Code of Civil Procedure section 474 permits a plaintiff to amend complaints by adding parties as Doe defendants “[w]hen the plaintiff is ignorant of the...

Excerpt: ...for payment. Defendant Jose Orozco (“Orozco”) personally guaranteed all of Triple J's obligations under the Agreement. Beginning in June 2017, Triple J failed to pay plaintiff's invoices. Seven invoices remain unpaid, in the total amount of $29,169.68. Plaintiff filed its complaint on November 9, 2018, alleging breach of contract and three common counts against Triple J's. Plaintiff also alleged a cause of action for breach of personal guaran...

Excerpt: ... $99,000.00 to plaintiff and the following: “Ford will additionally pay Plaintiff's attorneys' fees, expenses and costs in the amount of $5,000.00 or, should the $5,000.00 be refused, Ford is willing to allow the Court to determine, based on a noticed motion filed pursuant to Civil Code section 1794(d), the amount of attorneys' fees, expenses and costs reasonably incurred by Plaintiff s counsel in the commencement and prosecution of this action...

Excerpt: ...n near the accident, causing the collision. Plaintiff filed a complaint for negligence on May 23, 2019 against Nohemi Duran Vega, Jordana Marketing, and Maria Gonzalez. Defendants Jordana Marketing, Inc. and Maria Gonzales filed a cross-complaint on August 14, 2019, against Nohemi Duran Vega. On August 23, 2019, plaintiff dismissed Nohemi Duran Vega from her complaint. Nohemi Duran Vega subsequently filed an application for determination of good ...

Excerpt: ...”) entered into a contract with defendants on February 21, 2015, for legal services related to this real estate matter. On June 9, 2015, Association filed a complaint, which was assigned to Department 1, Judge Staffel (15CV02091). On September 5, 2015, Law Firm and defendants entered into another agreement to include litigation services. On August 17, 2017, Law Firm substituted out as counsel in Case No. 15CV02091. On August 22, 2019, Law Firm ...

Excerpt: ...y products to Triple J's, in return for Triple J's payment therefor. As an inducement to plaintiff to enter into the Agreement, defendant Jose Orozco (“Orozco”) signed a written Personal Guaranty, agreeing to personally guarantee all of Triple J's obligations under the Agreement. Plaintiff would not have entered into the Agreement and provided products to Triple J's if Orozco had not provided the Personal Guaranty. Beginning in June 2017, Tri...

Excerpt: ...provide rest periods; 5) waiting time penalties; 6) failure to keep and provide accurate wage statements; 7) failure to reimburse business expenses; 8) unfair business practices; and 9) violation of the California Private Attorney General Act (PAGA).[1] Defendants own and operate a private post-secondary education institution. According to the operative pleading, plaintiff and the proposed class were employed by defendants within 4 years of the f...

Excerpt: ...60.69 from Solvang Brewing Co. and Stephen M. Renfrow. Notice of Appeal[1] was timely filed with this court on July 3, 2019. (Lab. Code, § 98.2.) On July 5, 2019, Solvang Brewery filed a motion for an order waiving the requirement of a bond. Opposition was filed on August 7, 2019 and reply on August 13, 2019. As a condition to filing an appeal, an employer seeking de novo judicial review of a Labor Commissioner's order “shall first post an...