Excerpt: ... the driver of the vehicle refused to stop and attempted to evade police. Defendants are alleged to have engaged a police canine to assist in apprehending Plaintiff, the driver and a third person in the vehicle. The driver of the vehicle shot at the canine and Defendant Ryan Garcia, killing the canine and injuring the officer. Defendants responded by firing their guns at the vehicle, killing the driver and striking Plaintiff a number of times. Pl...

Excerpt: ... plaintiff's prayer for civil “damages/penalties” pursuant to Health and Safety Code section 1430, but is granted to the extent of the prayer for civil “damages/penalties” pursuant to Health and Safety Code section 1424.5. b. The motion to strike plaintiff's prayer for punitive and exemplary damages, to the extent based on her elder abuse and willful misconduct claims, is moot based on the court's ruling on demurrer. The motion to strike ...

Excerpt: ...s to be reserved; • No lock out until October 4, 2024 • Defendant shall vacate the property subject to the unlawful detainer; • Rental agreement is cancelled; • Defendants agreed to leave the property in a clean condition; • “Matter shall remain confidential if defendant complies with agreement” The August 20, 2024 stipulation for entry of judgment was signed by the Court and deemed an order of the Court. It constitutes a judgment. ...

Excerpt: ...red during the first 10 months or 17,000 miles of ownership and while Plaintiff was driving the 2021 Jeep Wrangler 4xe. Plaintiff accepted a settlement offer of $15,000, as well as an agreement to petition the Court as to attorneys' fees and costs. Plaintiff seeks $29,773.50 in attorneys' fees and $1,348.52 in costs. Plaintiff supports these requests via a declaration of counsel detailing the billing records in this case as well as via a filed a ...

Excerpt: ...s - complaint. Facts Magana, simultaneously to filing of an answer to the complaint, filed a cross -complaint against Richgrove for unpaid wages, waiting time penalties, indemnification, breach of contract and common counts. Magana alleges the following: “Richgrove hired Benjamin to work for it in about February 2017. Initially Richgrove paid for group health insurance for Benjamin and his family. Thereafter, beginning on or about 2018, Richgro...

Excerpt: ...¶3, 5.) The Agreement was executed September 2, 2024. (Complaint ¶5.) The closing of escrow was to be held sixty (60) business days thereafter. (Complaint ¶5.) The complaint further alleges that Plaintiff has performed all conditions, covenants and promises required under the Agreement. (Complaint ¶7.) Plaintiff additionally alleges that: “That beginning on or about September 2, 2024, and continuing to the present] time, the Defendants, hav...

Excerpt: ...cal negligence and loss of consortium claims. Material Facts Plaintiffs contend in the January 20, 2023 civil action that Defendants Adventist, Nurse McGrory and Nurse Burden, committed “Medical Malpractice/Wrongful Death” (i.e., breached the standard of care for healthcare providers and was a proximate cause of the damages) with respect to medical treatment and care provided to Concepcion Ortiz Velazquez and Baby Mariana Villarreal Ortiz fro...

Excerpt: ... fees, costs, enhancement award, LWDA payment and class certification for settlement purposes came on for hearing on January 7, 2025. The Court finds and rules as follows: On December 18, 2024, the settlement administrator IYLM Group, through its Case Manager, filed a declaration detailing the following events. On June 11, 2024, the administrator received a mailing list of 51 potential class members from Defendant's counsel with names, contact in...

Excerpt: ...n and PAGA settlement, attorneys' fees, costs, enhancement award, LWDA payment and class certification for settlement purposes came on for hearing on January 13, 2025. The Court finds and rules as follows: On March 22, 2024, the settlement administrator Phoenix, through its Case Manager, filed a declaration detailing the following events. On June 18, 2024, the administrator received a mailing list of 91 potential class members from Defendant's co...

Excerpt: ...ant Verma Preeti and Does 1 -10 for motor vehicle negligence as to an incident allegedly occurring July 25, 2022. Defendant was served via personal service December 2, 2024. On December 12, 2024, Plaintiff filed this motion. Plaintiff's motion is accompanied by a declaration explaining Plaintiff is 87 years old, was involved in a car accident July 25, 2022, was hospitalized for one and a half months, and relies entirely on her son to assist her w...

Excerpt: ...mber 20, 2024 and that such a statement is false and defamatory. (Amended Complaint at page 1.) The amended complaint further alleges “Plaintiff was arrested several years ago for being an accessory after the fact as well as sex with a minor. He was not charged with human trafficking nor being responsible for operating a human trafficking operation. Ultimately, the charges against him were dismissed by the Court under the appropriate provisions...

Excerpt: ...round Facts Plaintiff Christine Kinyoun filed a complaint against Defendant Daley Enterprises, Inc. for breach of contract, common counts, unjust enrichment and unfair business practices arising out, initially, a drawing agreement (“Drawing Agreement”) to draw house plans in exchange for $10,000 to be credited if the home was purchased within 12 months, a purchase agreement (“Purchase Agreement”) to purchase a constructed home and, finall...

Excerpt: ...Medical Center Property Owners Association (the Association) specially moves to strike (anti -SLAPP) all causes of action of the cross -complaint filed in this action by defendants/cross - complainants, Dr. Leopoldo Valdivia, Jennifer Valdivia, and Family Planning Associates Medical Group, Inc. (FPA). The Association contends all causes of action alleged in the cross -complaint arise from constitutionally protected activity — its filing of the ...

Excerpt: ...2.112 and averring facts as to paragraphs 2, 3, 4, 5, 7, 8, 9, 10, 11 and 13 through 21. Facts In this action, Defendant filed an answer on November 12, 2024, generally denying the allegations of the complaint and listing under a heading of “Affirmative Defenses” twenty -one paragraphs purporting to allege various defenses. On November 26, 2024, Plaintiff demurred to the answer, arguing that the answer violates California Rule of Court, rule ...

Excerpt: ...mholz, and Does for breach of contract, common counts and fraud. Defendants Whitten and Amanda Gail McDonald Jensen were served via substitute service and mail March 21, 2024. The proofs of service indicate that Amanda Gail McDonald Jensen is the agent for service of Whitten and that both were served via substitute service on a Dave Doe, authorized to accept service on behalf thereof. On May 21, 2024, Default was entered as to Whitten Drilling & ...

Excerpt: ...Labor Code sections §§ 98,.6, 226.7, 512, 558, 510, 1194, 1194.2, 226(a),(e), 201 -203, 204(a)(b), 2802, 210, 218, 6400, 6401, 6403, 6404, 6407, 8 CCR 3202 11 -12, and 14,, 17200, 98.6, 201.3, 204, 216, 218, 223, 225.5, 226, 226.7, 227.3, 232, 232.5, 233, 234, 245, 246, 247, 247.5, 248, 248.2, 248.5, 432, 432.5 432.7, 510, 512, 558.1, 1024.5, 1102.5, 1174, 1174.5, 1182.12, 1194.2, 1194.2, 1197, 1197.1, 1197.5, 1198, 1198.5, 1199, 1527, 2800, 28...

Excerpt: ...torneys' fees, costs, enhancement award, LWDA payment and class certification for settlement purposes came on for hearing on January 7, 2025. The Court finds and rules as follows: On December 26, 2024, the settlement administrator CPT Group, Inc., through its Case Manager, filed a declaration detailing the following events. On October 16, 2024, the administrator received a mailing list of 151 potential class members from Defendant's counsel with ...

Excerpt: ... minor, suffered bullying, sexual molestation, abuse, harassment, assault and battery by another student “Enrique” and others while attending Mountain View Elementary School. Plaintiff alleges a number of negligence theories and a failure to mandatory report. On September 6, 2024, Plaintiff served Requests for Production, Set Two. On October 8, 2024, the District served responses, consisting solely of objections via electronic service. On Oct...

Excerpt: ...lia, CA 93292. Default and default judgment were entered August 3, 2022. Notice of entry of judgment was served by mail on August 26, 2022 at the same Kennedy Street address. Thereafter a writ of execution was issued and Defendant's wages appear to have been garnished. On December 10, 2024, the Court issued an order denying a claim of exemption of Defendant and withholding $250 per pay period. On December 19, 2024, Defendant filed this motion to ...

Excerpt: ...w seeks to enforce the judgment pursuant to the stipulation. The stipulation indicates that judgment may be entered for the principal sum of $8,868.80, plus costs, minus any payments made. Payments of $185.00 were to be paid monthly through February 12, 2025 with a final payment of $173.60 to be paid March 12, 2025. Jurisdiction of section 664.6 was expressly reserved in the stipulation. Plaintiff indicates Defendant made payments totaling $5,920...

Excerpt: ...ses from two separate motor vehicle collisions occurring during the nighttime hours of December 11, 2021. The collisions occurred on Avenue 328, a two -way road with a speed limit of 55 miles per hour, located in a rural part of Tulare. Plaintiff was driving her Toyota Corolla westbound on Avenue 328 when she slowed for traffic ahead of her. Non -moving defendant Clarence Tucker was driving his Hyundai Accent, also westbound on Avenue 328, and wa...

Excerpt: ...ermitting Respondent to be the guardian for a specific golden retriever for the purpose of breeding the dog and permitting Respondent to retain the dog upon the completion of breeding. The written agreement, attached the declaration of counsel, contains a term as to “binding arbitration” as follows: “10. Binding Arbitration: All claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration in the C...

Excerpt: ...4, Defendant move to set aside entry of default pursuant to Code of Civil Procedure section 473. In support, Defendant's declaration admits he was served with the complaint (though he states it occurred May 15, 2024 instead of March 15, 2024, as reflected on the proof) (Declaration of Clark ¶4.) Defendant indicates he was insured by State Farm and after service of the complaint, believed the case was being handled by State Farm. Defendant also f...

Excerpt: ...iff filed a proof of personal service of the summons and complaint on Defendant Reddy indicating personal service occurred on March 5, 2024, in Highland Ranch, CO, after Defendant Reddy confirmed his identity to the process server. On May 15, 2024, default against Defendant Reddy was entered. On June 1, 2024, default judgment was entered against Defendant Reddy. On November 8, 2024, Defendant Reddy filed this motion to set aside default and defau...

Excerpt: ...cate Facts In this action plaintiff alleges negligence, on the part of the County of Tulare (County) in one cause of action, and on the part of Koinonia Foster Homes, Inc. (Koinonia) in another, proximately caused her to suffer sexual abuse during her placement at a foster home when she was a minor. Defendants, jointly, move to bifurcate the trial on issues of liability and damages. Defendants argue that they are adamant they have no liability ba...