Excerpt: ...rved by substitute service or about March 16, 2024. On April 4, 2024, default judgment was entered and the writ of possession was issued . On April 15, 2024, Defendant Cortez filed this ex parte motion to set aside the default or stay the execution of the writ of possession . In support, Defendant notes no responsive pleading was filed because Defendant “talked to landlord and was told to send [money] through mail and we can stay in home so I s...

Excerpt: ...gligence by Defendant that resulted in sexual abuse by Gustavo Zamora, who served as the pastor at the church Plaintiff attended . Trial in this matter is set April 29, 2024 . O n Ap r il 1 2 , 2 0 2 4 , P la in t if f f ile d a m o t io n t o f ile a f ir s t a m e n d e d c o m p la in t . Th e hearing date for this motion is set June 4, 2024. On April 15, 2024, Plaintiff filed this ex parte motion to shorten time to hear the motion for leave t...

Excerpt: ...ry judgment . The motion for summary judgment was set for May 20, 2024. The City appears to recognize the issue with this hearing date and has filed this ex parte motion to “specially set a later hearing date” on the motion. As to the May 20, 2024 hearing date, counsel's declaration in support of the ex parte motion states “This office called the Court's clerk on April 4, 2024 to reserve a hearing on the MSJ. The latest date the clerk would...

Excerpt: ...30,000. Plaintiff estimates approximately 90 proposed Class Members, providing an estimated average payout of $1,992.04 per member. The Class Members consist of: “All individuals employed by Defendant in California and classified as non- exempt at any time during the period between August 12, 2022 through the date upon which the Court grants preliminary approval of this settlement.” The operative complaint alleges causes of action for : (1) f...

Excerpt: ...s action and PAGA settlement, attorneys' fees, costs, enhancement award, LWDA payment and class certification for settlement purposes came on for hearing on April 15, 2024. The Court finds and rules as follows: On Mach 21, 2024, the settlement administrator Apex, through its Case Manager, f ile d a d e c la r a t io n d e t a ilin g t h e f o llo w in g e v e n t s . On November 27, 2023, the administrator r e c e iv e d a m a ilin g lis t o f 4 ...

Excerpt: ...ion and PAGA settlement, attorneys' fees, costs, enhancement award, LWDA payment and class certification for settlement purposes came on for hearing on April 15, 2024. The Court finds and rules as follows: On Mach 22, 2024, the settlement administrator Phoenix, through its Case Manager, filed a declaration detailing the following events. On December 8, 2023, the administrator r e c e iv e d a m a ilin g lis t o f 9 2 2 p o t e n t ia l class memb...

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: ...lo o r in f ill p r o je c t . Kaweah alleges claims for breach of contract and professional negligence. The basis of the claims is that Christiansen omitted certain required fire safety implements in project design plans. Ch r is t ia n s e n c r o s s -complains against Kaweah, contending the California Building Code, as constituted when he submitted his designs, did not require the fire safety implements Kaweah alleges were omitted. Christians...

Excerpt: ... g a cause of action for medical malpractice on behalf of Michael Rice and a claim for loss of consortium on behalf of Martha Rice against defendants, including moving p a r t y Tu -H i H o n g, M .D . (UMF N o . 1 , 1 4 ) Plaintiffs generally allege that Dr. Hong was negligent and failed to provide informed consent in connection with a shockwave lithotripsy procedure performed by Dr. Hong at Kaweah Delta Medical Center on February 18, 2022. (UMF...

Excerpt: ...and correct copy of the settlement agreement. The Court continued the matter to this date. On March 26, 2024, an amended motion filed that attaches the settlement agreement. The Court , t he re fore , rule s as follows: 1. Sufficiency of Amount of Settlement (Proposed Net Distribution to Employees: $15,330.75) The gross settlement amount is $147,860. Plaintiff estimates approximately 245 aggrieved employees, consisting of “all current and forme...

Excerpt: ...t amended complaint alleges that Golden State “was and is legally responsible in some manner for the events, happenings, and/ or tortious and unlawful conduct that caused the injuries and damages alleged in this Complaint” and “provide d child we lfare , child prote ct ive and childcare se rvice s t o Plaint iff by contracting with COUNTY and/ or otherwise undertaking such foster care services to children who needed them, inc lu d in g P la...

Excerpt: ...ant Amanda Taylor. (UMF No. 1.) The daycare operation was located at 3324 West Sunnyside Avenue, Visalia, California. (UMF No. 14.) That prope rt y i s owned by defendant and moving party Tracy Ferreira. (UMF No. 15.) Defendant Amanda Taylor resides at that home, co -pare nt ing t he ir minor daughte r wit h Mr. Fe rre ira. (UMF No. 16. ) The operative complaint asserts a cause of action for “wrongful death sounding in negligence” by plaintif...

Excerpt: ...mplex by the Los Angeles Superior Court. The parties in this matter stipulated to transferring this matter to Tulare County on April 20, 2022 . Thereafter, Defendant filed a motion to compel arbitration. This Court granted the motion in part, compelling the individual Labor Code claims to arbitration, dismissing the class action claims pursuant to the arbitration agreement and de nying t he mo t io n a s t o t h e P AGA c la im s , b o t h in d i...

Excerpt: ...rbitration related to a November 28, 2020 motor vehicle accident (“MVA”) involving Claimant, Mont e ne gro, and a third -party driver named Nely Gamino Victoria on State Route 4 3 (Ce n t r a l Va lle y H ig h w ay) and Avenue 56 in an unincorporated part of Tulare County . Claimant had an uninsured and under insured motorist policy with State Farm company with policy limits of $100,000. The policy required the parties to arbitrate their disp...

Excerpt: ...unlawful detainer matter, Plaintiff indicates personal service on Defendant Garcia was made on March 5, 2024. Default judgment was entered March 21, 2024 and the writ of possession issued the same day . On April 2, 2024, Defendant Garcia filed this ex parte motion to set aside default and/ or stay execution of the writ . In support of the motion for relief, Defendant provides no factual bases in support of the claim of mistake . As to the stay re...

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: ...”); 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: ...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: ...LSE judgment to the Tulare Superior Court on February 9, 2018 . Defendants, in compliance with Labor Code section 98.2(b), filed an undertaking in cash in the amount of $72,377 . Trial was held in March 2019. The Court found a lack of an employer/employee relationship, entered judgment on all claims of Plaintiff and ordered the bond released. This Court signed the proposed judgment and proposed order for release of the bond on April 15, 2019. The...

Excerpt: ...lder abuse, neglect of elder, Penal Code section 496, conversion, intentional infliction of emotional distress, breach of fiduciary duty, negligence, fraudulent transfer and claim and delivery . On March 19, 2024, Plaintiffs filed for a temporary protective order on an ex parte basis as well as a right to attach order and order for issuance of writ of attachment on a noticed hearing. The Court set the ex parte temporary protective order for this ...

Excerpt: ... 31 -401 et seq.; and as to any duty arising under the CANRA, and, as to all other issues of duty raised by the plaintiff's complaint, is denied. The Court has not considered the additional evidence submitted by County's in its reply. San Diego Watercraft v. Wells Fargo Bank (2002) 102 Cal. App 4 th 310 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 Fos...

Excerpt: ... as to wrongful eviction as to Defendant Rogers . Fact s Plaintiff filed this matter September 25, 2023. Plaintiff's causes of action are stated as intentional tort and wrongful eviction, which appears to further allege conversion of Plaintiff's personal property . Plaintiff alleges the following : “ON OR ABOUT 09/24/2021, DEFENDANTS AND EACH OF THEM, WRONGFULLY EVICITED PLAINTIFF FROM HER PROPERTY LOCATED AT 33111 ROAD 160, IVANHOE, CALOFRNIA ...

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: ...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: ...echanic's lien claimant, on July 12, 2023 in Case No. VCU304838, In the Matter o f B o s m a n D a i r y , LLC . This petition was filed expressly under Civil Code section 8480 and was initially set for February 14, 2024. Respondent, prior to the filing of the petition at issue here, filed a complaint for foreclosure of the July 12, 2023 mechanic's lien, amongst other causes of action, in Case No. VCU302514 - R P C o n s t r u c t i o n S e r v i...