Excerpt: ...tements were made orally and in writing that “there was Domestic Violence and Substance abuse on top of not being able to provide a home for our children…” (Complaint 1:15‐16.) These statements apparently resulted in an “order…for the court to award the custody of our minor children to the care and management of Social Services.” (Complaint 1:20‐ 21.) Defendant demurs on the grounds that the Complaint fails to allege compliance wi...

Excerpt: ...ement, the parties had some issue regarding the transfer that resulted in Plaintiff suing Defendant for quiet title, financial elder abuse, breach of contract, declaratory relief, fraud and unjust enrichment. The parties attended mediation and settled their dispute the first time in or around March 2020. The basic terms of this settlement at mediation required Defendant to pay Plaintiff $16,000 within 120 days. After receipt of payment, Plaintiff...

Excerpt: ... C. Johnson at Defendant's request. Plaintiff alleged damages in the amount of $7,250.38. Defendant answered the complaint on November 4, 2020. On March 11, 2021, Plaintiff moved this Court to deem admitted requests for admissions, set one, numbers 1 through 5. On May 13, 2021, the Court adopted its tentative ruling, deeming admitted the truth of each matter specified in requests for admissions numbers 1 through 5. These requests, now admitted, a...

Excerpt: ...ecember 30, 2021, defendant/cross‐complainant Ihssan Alqudah (Alqudah) filed a first amended cross‐complaint in this action alleging fraud and misrepresentation against plaintiff/cross‐defendant SPAS Center Outparcel, LLC (SPAS) after this court sustained a demurrer to that cause of action by SPAS. The sole other cause of action from the initial complaint, a breach of contract claim, was previously stricken by this court on motion by SPAS. ...

Excerpt: ...ion. In her application, petitioner claimed inability to performance her job duties as an OB‐GYN nurse practitioner for the County of Tulare due to industrial cumulative injury caused by repetitive work involving bending the wrists, repetitive strain, and industrial injury relating to computer use in a poor ergonomic work environment. 1. Background Petitioner initially reported symptoms of her medical condition to her employer on or about Janua...

Excerpt: ...ar days before the conference. Defendant filed a notice of settlement of entire case on October 1, 2021. On December 7, 2021, plaintiff moved to “vacate” the notice of settlement, maintaining plaintiff had not accepted defendant's settlement proposal, which apparently precipitated filing of the settlement notice. On January 18, 2022, defendant submitted a declaration by a paralegal employed by its counsel averring the settlement notice was fi...

Excerpt: ...ndar. Hearing on Final approval is set for July 14, 2022; 8:30 am; D1. This motion for preliminary approval of class action settlement returns for hearing following a prior continuance to allow filing of supplemental declarations as to the proposed class‐enhancement payment to plaintiff, plaintiff's cost reimbursement request, and the proposed cy pres recipient. Plaintiff submits a supplemental declaration, including an estimate of the amount o...

Excerpt: ...f a parallel felony criminal case against her (Tulare County Superior Court Case No. PFC411371) involving the same event: a fatal motor vehicle collision on April 17, 2021. Defendant contends, in support of her motion, that, as part of defendant's defense to the civil action, she will be subject to written discovery demands, and will undoubtedly be examined at deposition under oath, forcing her to assert her Fifth Amendment rights against self‐...

Excerpt: ...or sale by defendant Lawrence Tractor Company (Lawrence). Plaintiff additionally asserts claims against Lawrence based on its alleged failure to properly service the tractor. Lawrence moves for summary judgment, contending plaintiff has failed to identify any defect found in the tractor, and that plaintiff has not and cannot establish the tractor was the cause of the accident or any negligence on the part of Lawrence. Pursuant to subdivision (c) ...

Excerpt: ... the property at a trustee sale on December 28, 2021. Plaintiffs commenced this action on January 3, 2022, by way of a complaint alleging claims of fraudulent concealment, intentional misrepresentation, violation of the Homeowner's Bill of Rights and Business and Professions Code sections 17200 et seq., and wrongful foreclosure. Plaintiffs additionally seek cancellation of security instruments encumbering the property and to quiet title in them a...

Excerpt: ... 2021. Here, SPAS seeks $7,620.00 in attorneys' fees representing chiefly 38 hours at $195 per hour spent “researching case law, reviewing case files, drafting moving papers, preparing exhibits, reviewing the tentative ruling, preparing for the hearing, attending the hearing, reviewing time diaries, reviewing cost diaries, drafting a demand letter, and drafting this motion and accompanying papers.” SPAS has not submitted an itemized or detail...

Excerpt: ...at email correspondence between Plaintiff's counsel and Defendant's counsel appears to indicate Defendant's counsel no longer represents Defendant. However, the Court has not received a substitution of attorney or motion to withdraw from Defendant's counsel. Plaintiff Francisca Cuevas (“Francisca”), based on the Settlement Agreement attached as Exhibit A and filed with the Court August 19, 2020, alleges that Defendant Mary Correa (“Mary”)...

Excerpt: ...ieved as Counsel On January 25, 2022, Defendant's Counsel Jerry Casheros filed an ex parte motion for an order shortening time to be relieved as counsel as to Defendant Jacqlyn Smith Habib. On January 25, 2022, the Court set this hearing for February 8, 2022. Thereafter, on January 26, 2022, Defendant's counsel filed the following with respect to withdrawing: (1) MC‐051 ‐ Notice of Motion and Motion to be Relieved as Counsel; (2) MC‐052 –...

Excerpt: ...filed September 9, 2021 for harassment, retaliation, failure to prevent discrimination, harassment and retaliation and sexual battery against Defendants Pridestaff, Inc., Kraft Heinz Food Company LLC and Dennis Prillwitz (“Defendants.”) Defendant Pridestaff answered the complaint on November 2, 2021. Defendant Kraft answered the complaint on December 1, 2021. Defendant Prillwitz does not appear to have appeared yet in this matter. Defendants ...

Excerpt: ... one thousand” class members. The Class Members consist of: “All non‐exempt, hourly‐paid employees employed by Defendant from approximately October 22, 2016 through the date of preliminary approval.” This settlement also resolves Plaintiff's PAGA claims for Class Members who worked as nonexempt, hourly‐paid employees of Defendant from July 27, 2019 through the date of preliminary approval. Plaintiff provides estimates of the maximum r...

Excerpt: ..., the enhancement award to Plaintiff, attorneys' fees, counsel as adequately experienced, the unclaimed proceeds and the release. Counsel has submitted a supplemental declaration addressing the following issues. Class Notice Objections or opt out notices are to be made within 60 days. The Court regularly approves notice periods of 60 days or longer. The Court preliminarily approves the class notice period. Costs Attorneys' fees of 33 1/3% of the ...

Excerpt: ...employed and working for Defendant. Defendant alleges causes of action for negligence, intentional tort, premises liability and products liability and seeks punitive damages. Defendant demurs on the basis that California's workers compensation program provides an exclusive remedy to Plaintiff and that Plaintiff has already received his workers compensation benefits. Defendant also seeks to strike Plaintiff's claim of punitive damages. Authority a...

Excerpt: ...entered a 12‐month lease for $1,280.00 rent per month. (Complaint ¶ 6.a.(1), (2).) The lease was entered into September 11, 2020. (Complaint ¶ 6.a.) Defendants are alleged to have failed to pay the rent due on October 1 and November 1, 2021. (Complaint – Exhibit 2.) A three‐day notice to pay rent or quit was served November 24, 2021. (Complaint – Exhibits 2, 3.) Plaintiff filed this action on January 19, 2022. The Mandatory Cover Sheet ...

Excerpt: ...7 bankruptcy protection in 2018. In 2019, Defendant filed for personal bankruptcy protection under Chapter 13, but did not list Plaintiff as a creditor. On January 8, 2021, Plaintiff successfully obtained relief from the automatic stay to enforce the personal guarantee against Defendant. On May 26, 2021, Plaintiff filed this action for breach of the guaranty. Defendant was served on June 15, 2021. Defendant failed to file a responsive pleading. T...

Excerpt: ...notice. To impose sanctions totaling $2,450 for all three motions against Defendant. Facts Common to All Discovery Motions This matter involves a subdivision agreement between the Plaintiff City of Tulare and Defendants Del Lago Place. Plaintiff filed its complaint for breach of contract, promissory fraud, breach of implied covenant of good faith and fair dealing, enforcement of its performance bond and breach of utility contract. Plaintiff alleg...

Excerpt: ...rn and northern portion of the Subject Property containing equestrian facilities. (“Life Estate Property.”) Since 2012, Defendant has operated Sequoia Hills Stables on the Life Estate Property. The life estate notes Defendant “shall have the exclusive use and enjoyment” of the Life Estate Property. At issue here is access via a driveway (“Subject Driveway”) on the northern edge of the Subject Property and located within what appears t...

Excerpt: ...00.00. Plaintiffs estimate approximately 105 members of the “Independent Contractor Class” with an average payment of approximately $5,244.76 and 139 members of the “Company Driver Class” with an average payment of approximately $990.47. The Independent Contractor Class in this action consists of persons who directly signed a contract with Defendant and performed services for Defendant within the State of California, but were classified a...

Excerpt: ...viously been continued to January 13, 2022 from the initial hearing date of December 23, 2021 for the parties to meet and confer to address disputes concerning the content of the class notice. At the December 23, 2021 hearing, the court adopted its tentative ruling in which this court: (a) held that class notice is appropriate (Cal. Rules of Court, rule 3.766); (b) directed the parties to meet and confer regarding disputes over the content of the...

Excerpt: ...r and received a credit loan via a written loan agreement. (UMF Nos. 1, 9.) Plaintiff, at the direction of Defendant, disbursed the loan amount by check to Defendant. (UMF Nos. 2, 10.) Defendant agreed to be bound by the terms of the agreement and promised to pay the amount advanced along with interest. (UMF No. 3, 11) Defendant received billing statements, yet failed to produce any evidence indicating that Defendant disputed any portion of any b...

Excerpt: ...s court granted a prior motion to strike allegations regarding punitive damages from the initial complaint. The allegations of the initial complaint supporting plaintiff's punitive damages claim are summarized as follows: Defendant, while driving a semi‐truck with loaded trailers, collided with a UPS truck driven by plaintiff's father, causing serious injuries ultimately resulting in his death. A camera installed in defendant's truck captured t...

Excerpt: ...r vehicle collision. Plaintiffs have sued for motor vehicle negligence, general negligence, negligent infliction of emotional distress and loss of consortium and seek recovery for “personal injuries and have incurred and continue to incur hospital and medical expenses for treatment and services for their injuries and general damages.” Defendants, prior to service of the subpoenas at issue, served discovery on each Plaintiff. Plaintiff Beatriz...

Excerpt: ...na grow. Over 8,000 plants were recovered in addition to 75 lbs. of processed or semi‐processed marijuana. The Generator's seized had no identification or serial numbers and detectives could not find any proof of ownership. On July 29, 2020, Plaintiff filed its Petition for Forfeiture. On October 14, 2020, Claimant Jie Chun Wu (“Claimant”) filed a claim opposing forfeiture as to the Generators. On June 29, 2021, Plaintiff served discovery r...

Excerpt: ... for a second time the moving papers and declarations that are already on file with the Court. Accordingly, the motion to approve the settlement pursuant is preliminarily denied without prejudice. The hearing on this matter is continued to February 28, 2022 at 8:30 a.m.in Department 2 of this court. The status conference and trial setting conference are likewise continued to February 28, 2022 at 8:30 a.m. in Department 2. 1. Sufficiency of Amount...

Excerpt: ...d proof of submission of the settlement to the LWDA. The parties need not file for a second time the moving papers and declarations that are already on file with the court. Accordingly, the motion to approve the settlement pursuant is preliminarily denied without prejudice. The hearing on this matter is continued to February 28, 2022 at 8:30 a.m.in Department 2 of this Court. 1. Sufficiency of Amount of Settlement (Net Estimated: $118,083.33) The...

Excerpt: ... faith and fair dealing. Facts In her first amended complaint, Plaintiff pleads causes of action for violation of the Fair Housing Act and California Fair Employment and Housing Act, bad faith breach of contract and financial elder abuse. Plaintiff's claims are based upon an issued insurance policy, which Plaintiff alleges “expressly contemplates insurance coverage for an owner using the insured property as a rental unit for residential purpose...

Excerpt: ...ach of contract and conversion of intellectual property. As to conversion, Plaintiff seeks punitive damages on the basis of purposeful and malicious conversion. A comparison of the Complaint and First Amended Complaint reveals the same general set of facts. On January 15, 2021, the parties entered into a written contract whereby Plaintiff would pay Defendant $5,000 per month and Defendant was obligated to live stream 2‐3 times per week for a fe...

Excerpt: ...lissa Castro and Christopher Castro. Defendants Aurelia and Ernest were served but did not file a responsive pleading. Defendants Aurelia and Ernest, however, did personally appear at the case management conference on November 2, 2021 and the Court's minutes reflect Aurelia and Ernest had not filed an answer. Entry of default was entered against them on November 8, 2021. On November 12, 2021, Aurelia and Ernest retained counsel. Plaintiffs now se...

Excerpt: ...sure sale under section 1161a(b)(3). As an affirmative defense, Defendant alleges that Plaintiff's predecessor in interest had no authority to transfer the Premises to Plaintiff pursuant to the Trustee's Deed After Sale alleged in the Complaint. (Defendant's Answer ¶ 3.v.) Request for Judicial Notice Evidence Code section 452(c) and (h), respectively, permit a court, in its discretion, to take judicial notice of the existence and recordation of ...

Excerpt: ...ent for the purchase and sale of commercial real property in the city of Visalia. Disputes arose when buyers decided they no longer wish to move forward with purchase of the property. Chicago Title has specifically interpleaded as to buyers and sellers competing claims to buyers' initial earnest money deposit. Following Chicago Title's complaint, buyers cross‐complained against sellers and their brokers seeking damages for breach of contract ag...

Excerpt: ...ttlement (Net Estimated: $382,400.00) The gross settlement amount is $625,000.00 Plaintiff estimates approximately 1032 proposed Class Members with an average payment of approximately $373.80. The Class Members consist of all workers: “All current and former non‐exempt employees of Defendant Cal‐Citrus Labor Service, Inc. in California who were subject to Wage Order 14 and performed work for five days or more for Defendants Cecelia Packing ...

Excerpt: ...ation in violation of Labor Code § 1102.5 as to the OSHA complaint but to sustain Defendant's demurrer to the second cause of action with leave to amend as to any other alleged protected activities that are too generally stated and fail to allege if Defendant had constructive or actual knowledge thereof and other elements of the causes of action. To sustain Defendant's demurrer as to the third cause of action for disability discrimination, fourt...

Excerpt: ...iff then began the process of attempting to serve Defendant. First, Plaintiff's counsel conducted a public records search using Lexis‐Nexis to determine a current address at 1836 Marroneto Ct, Tulare, CA 93274 (“Tulare Residential Address.”) (Declaration of Plaintiff's counsel Denis Klavdianos at ¶ 3(a).) Counsel further conducted a search via Transunion and found the same Tulare Residential Address. (Declaration of Klavdianos at ¶ 3(b).)...

Excerpt: ...ely due to the size, shape, location and/or number of mirrors installed on the forklift. The underlying accident involving Zenith's insured occurred when the forklift operator failed to see a co‐worker on the ground behind him to his left while backing up the forklift and hitting the co‐worker. Zenith has paid the underlying workers compensation benefits. Undisputed Material Facts The following facts are undisputed by both parties. A cause of...

Excerpt: ...inimum of 50 employees and on at least 1,000 wage statements issued to putative class members. Labor Code section 226(a) mandates that the employer provide certain information on each and every wage statement provided to employees. One of the enumerated requirements is that the full legal name and address of the employer be shown. (Labor Code section 226(a)(8).) Plaintiff alleges that only “SVR” without an address appears on the wage statemen...

Excerpt: ...sufficient to support a cause of action for direct liability against the state under Government Code § 815.6 with leave to amend to plead specific facts as to a statute supporting the State's direct liability. To sustain the State's demurrer as to vicarious liability under Government Code § 815.2 without leave to amend. (2) To sustain the County and Public Authority's demurrer as to the late filing of the claim under equitable estoppel and dela...

Excerpt: ...ment consisting of a right of way over a 20‐ foot‐wide strip of land (the “Easement Area.”) Half of the Easement Area, 10 feet, is located on the southside of the Blankenship Property. The remaining 10 feet of the Easement Area is located on the northside of the property located at 14200 Avenue 328 #A in Visalia owned by Defendants and Cross‐Complainants Richard and Jana Creegan (“Creegans.”) The Blankenships move for a preliminary ...

Excerpt: ...clarations that are already on file with the Court. Accordingly, the motion to approve the settlement pursuant to the Private Attorney General Act of 2004 is preliminarily denied without prejudice. The hearing on this matter is continued to March 3, 2022 at 8:30 a.m.in Department 1 of this court. Case management conference is likewise continued to March 3, 2022 at 8:30 a.m. in Department 1. 1. Sufficiency of Amount of Settlement (Net Estimated: $...

Excerpt: ... Ashland Avenue, number 22, Lindsay, California 93247 (the “Property.”) Defendant Guadalupe Bedolla was served with a summons and complaint on November 23, 2021 pursuant to the filed proof of service. Default judgment was entered against Defendant and a writ of execution was issued on December 3, 2021. Defendant then obtained legal representation on December 11, 2021 and filed this Motion on December 14, 2021. Defendant's declaration filed wi...

Excerpt: ...plaint ¶ 6.a.(1), (2).) The lease was entered into January 1, 2021. (Complaint ¶ 6.a.) Defendants are alleged to have failed to pay the rent due on December 1, 2021 for the period December 1, 2021 through December 31, 2021. (Complaint – Exhibit 2.) A three day notice to pay rent or quit was served December 8, 2021. (Complaint – Exhibit 2.) Plaintiff filed this action on January 3, 2021. The Mandatory Cover Sheet and Supplemental Allegations...

Excerpt: ...hat appears to be evidentiary material for consideration that goes beyond the four corners of the Complaint. A first responsive pleading is typically an answer, demurrer, motion to strike, motion to quash, motion to change venue, or other motion attacking the four corners of the complaint or other initiating documents. While the Court makes no finding as to the merits or weight of the attachments, the Court's review indicates they are exhibits wh...

Excerpt: ...ngs: To deny Defendant's Motions (1) Requests for Admissions Set No 2, Nos. 43‐71; (2) Special Interrogatories Set No. 2 Nos 1‐79; (3) Production of Documents. To deny any award of sanctions. The remaining motions are off‐calendar. Facts Pursuant to the Court's Minute Order dated December 20, 2022, discovery motion hearing dates reserved for January 27, 2022 were modified to be reserved January 13, 2022. Defendant Calderon filed “Motion t...

Excerpt: ...y distress and resulting in an early delivery on June 30, 2020. Plaintiff suffered these injuries after her mother's exposure to COVID‐19. Plaintiff alleges that her mother was exposed to and contracted COVID‐19 while in the course and scope of her employment. Plaintiff alleges that Defendants were negligent and engaged in negligent hiring, training and supervision which proximately caused her damages. Plaintiff seeks economic and non‐econo...

Excerpt: ...consisting of Form Interrogatories, Special Interrogatories, Requests for Admissions and Requests for Production of Documents to Plaintiff in June of 2021. Plaintiff provided no responses by the due date. Defendant reached out to counsel for Plaintiff, providing an extension to August 4, 2021. Plaintiff provided no responses by the extended due date. On August 30, 2021, Defendant filed a motion to compel responses to Form Interrogatories, Special...

Excerpt: ...court trial in this home construction contract matter. The Court's Judgment of November 8, 2021 awarded Plaintiff $201,576.91 in damages against Defendants for breach of contract and breach of California's prompt payment statute under Civil Code section 8800. The Court's Judgment determined Plaintiff as prevailing party and awarded attorneys' fees. Plaintiff bases its Motion on the attorneys' fees provision in Paragraph 27 of the contract between...

Excerpt: ...hallenged the validity and issuance of building permits and certain land use approvals by respondent Tulare County Resource Management Agency incident to expansion of Touchstone's pistachio processing plant. Section 1021.5 permits an award of attorney fees to a prevailing party “in any action which has resulted in the enforcement of an important right affecting the public interest if: (a) a significant benefit … has been conferred on the gene...

Excerpt: ... pistachio orchard owned by defendants assigned Tulare County Assessor's Parcel Numbers 319‐150‐009. This property that the FWA seeks to acquire is needed for repair of the Friant‐Kern Canal. The Canal is operating at diminished capacity and this project seeks to restore the Canal to its optimal capacity. This property the FWA seeks consists of fee interests in land planted with pistachio orchards and included irrigation systems. The projec...

Excerpt: ...ees of Defendant Sierra View Medical Center. (Complaint at Paragraphs 7, 9.) Plaintiff sued under theories of negligence, respondeat superior, professional negligence/medical malpractice and negligent infliction of emotional distress. Defendant Sierra View Medical Center (“SVMC” or “Defendant”) moves for summary judgment that Plaintiff cannot prove a breach of the standard of care as to medical malpractice/professional negligence cause of...

Excerpt: ...t on the record at the MSC. The parties then memorialized the terms of the settlement, including resolution of a related unlawful detainer matter, in a Settlement and Release Agreement (“Agreement.”) The Agreement required Plaintiff to pay to Defendants the sum of $43,000, via an escrow with all fees paid by Plaintiff and Plaintiff was required to satisfy the existing mortgage on the Property which was approximately $10,000 and all mortgage p...

Excerpt: ...ll categories identified in Plaintiff's Amended Notice of Deposition of the Person Most Knowledgeable for FCA US, LLC and Demand to Produce Documents at Deposition (“Notice of Deposition”), and (2) striking Defendant's objections and compelling Code‐ compliant responses and production of all responsive documents requested by Demand Nos. 4, 14, 15, 17, 20, 24, 31, 32, 34, 37, and 41 (collectively, the “Demands”) in the Notice of Depositi...

Excerpt: ...rried to his former spouse (not party to this litigation), and in the process of dissolving that marriage, defendant and plaintiff made arrangements to acquire a residence property in Kingsburg “with the mutual intention of and mutual understanding between the parties that it would be plaintiff's forever home.” The property was purchased, with defendant solely on title, in part through $200,000 in funds loaned by plaintiff's father, and an ad...

Excerpt: ...lowed a dog to escape a backyard by bursting a pipe in the backyard of the property owner, taking down the side fence to allow access to the backyard, and failing to replace the fence once work for the evening had ended, allowing the dog to freely leave the backyard and attack Dallas See. The owner of the home was aware that the tenants were in possession of a dangerous dog and allowed the dog to remain on the property.” (Complaint, p. 4) Defen...

Excerpt: ...n October 14, 2021 (after adding five days for mailing) with respect to post judgment costs incurred within the last two years in the amount of $922.50. The Memorandum of Costs also indicates that the remaining principle balance due is $5,355.15 and the accrued interest remaining due is $2,681.87. Defendant Leyva filed, on November 5, 2021, a “Strike or to Tax Costs (Objection to Memorandum of Cost and Declaration of Accrued Interest).” Defen...

Excerpt: ... a complaint to quiet title and adverse possession (the “Quiet Title Case”) on November 5, 2021 against Hixon, and served Hixon by mail on November 11, 2021. Hixon has not yet appeared in this matter in any fashion. This quiet title claim stems from Adamson's alleged 23‐year residence on the property at 33449 Road 220, Woodlake, CA 93286 (the “Property.”) Hixon, as plaintiff in the unlawful detainer action, Case No. VCL200387, (the “U...

Excerpt: ... declarations that are already on file with the court. Accordingly, the motion to approve the settlement pursuant to the Private Attorney General Act of 2004 is preliminarily denied without prejudice. The hearing on this matter is continued to February 8, 2022 at 8:30 a.m.in Department 7 of this court. Case management conference is likewise continued to February 8, 2022 at 8:30 a.m. in Department 7. 1. Sufficiency of Amount of Settlement (Net Est...

Excerpt: ...tion. Plaintiff was born September 7, 2019. Plaintiff seeks economic and non‐ economic damages. Plaintiff states that all essential parties have been served in this action. Plaintiff alleges that Child Welfare Services Division for Tulare County ("CWS") had an open referral concerning the child at the time, yet there is no indication any investigation was ever performed. Plaintiff moves the Court, under California Code of Civil Procedure sectio...

Excerpt: ...ust cause. (Civ. Code, § 1946.2.) Subdivision (a) of Civil Code section 1946.2, part of the Tenant Protection Act of 2019, states, in part, that, “[n]otwithstanding any other law, after a tenant has continuously and lawfully occupied a residential real property for 12 months, the owner of the residential real property shall not terminate the tenancy without just cause, which shall be stated in the written notice to terminate tenancy.” In pla...

Excerpt: ...nfer to address the disputed matters concerning class notice. Defendant contends plaintiffs' counsel has refused to meet and confer in the development of a neutral notice, while plaintiff maintains defendants' counsel never attempted to do so. Neither party supplies evidence of any meet and confer efforts. The parties are directed to meaningfully meet and confer in advance of the continued hearing date on this motion. The court disagrees with def...

Excerpt: ...2, 2021. Prospective Intervenor Loya Casualty Insurance Company (“Loya”) is Defendant's insurance carrier that provided an automobile insurance policy to Defendant in effect on the date of the subject accident. Loya brings this Motion to Intervene after diligent efforts to locate and discuss the case with its insured, Defendant. However, Loya has been unable to make contact with Defendant in order to obtain an authorization to file an answer ...

Excerpt: ...earances will be required and the Court will grant the motion and order the default to be set aside. Facts This is a breach of contract action that arises out of defendant Elias Camacho Lopez's failure to reimburse plaintiff Budget Rent A Car System for damage done to a vehicle that Mr. Lopez rented from Budget. The Court notes that this matter was filed May 26, 2020, request for default was entered September 8, 2020, the Court denied a prior mot...

Excerpt: ...ristopher Stalcup (“Plaintiff”) filed this action for medical malpractice against Kaweah Delta Health Care District (“KDHCD”) and a number of surgeons and treating physicians, including Moving Party Defendant Dr. Abdul Rahman Hamdi (“Dr. Hamdi”). Plaintiff alleges the negligent failure to evaluate, treat, monitor, care for and/or diagnose Plaintiff's injuries resulting from a motorcycle accident, resulting in the development of compar...

Excerpt: ...aint and cross‐complaint; or (b) further order of this court. The dispute in this case concerns a loan from defendants to plaintiff secured by a deed of trust encumbering the subject real property. At the time of the loan, the loan documents provided for interest of 1.5% compounded monthly. Following disputes concerning repayment, defendants commenced nonjudicial foreclosure proceedings. Plaintiff thereafter filed this action seeking, inter ali...

Excerpt: ...quire portions of farmland owned by defendants assigned Tulare County Assessor's Parcel Numbers portions of 319‐160‐010, 319‐160‐014, 319‐160‐015. This property that the FWA seeks to acquire is needed for repair of the Friant‐Kern Canal. The Canal is operating at diminished capacity and this project seeks to restore the Canal to its optimal capacity. This property the FWA seeks consists of fee interests in 26.41 acres and a temporar...

Excerpt: ...request. Plaintiff alleged damages in the amount of $3,116.72. Defendant answered the complaint on June 30, 2021. On September 8, 2021, Plaintiff moved this Court to deem admitted requests for admissions, set one, numbers 1 through 11. On October 19, 2021, the Court adopted its tentative ruling, deeming admitted the truth of each matter specified in requests for admissions numbers 1 through 11. These requests, now admitted, are as follows: “1. ...

Excerpt: ...Law and associated regulations against Defendants The Recycle Depot and Jeffry Prins. Plaintiff initiated this action on June 25, 2021 under Case No. VCU287514 (the “TCSC Case”). On August 5, 2021, Plaintiff filed a proof of service indicating personal service of the cover sheet, complaint and summons on Prins personally. Plaintiff then requested entry of default as to Prins on October 12, 2021. Default was entered as to Prins on October 13, ...

Excerpt: ... Mendez was entered. Thereafter, on November 1, 2021, Plaintiff sought default judgment as against Defendant Mendez. On or about November 3, 2021, the Court declined to enter default judgment. On November 9, 2021, Plaintiff dismissed the second and third cause of action and sought default judgment again. As of the date of this Motion, the Court has not entered default judgment as to Defendant Mendez. Representing himself, Defendant Mendez, utiliz...

Excerpt: ...1 makes these motions to compel moot, except on the issue of sanctions. The Court orders that Plaintiff Ibrahim Nasir, individually and dba Aloevera Auto Sale and IM Tire Shop and their attorney of record Sassan McKay, Esq. of Commerce Law Group, shall pay monetary sanctions to Defendant's counsel in the amount of $750.00 within thirty days of this hearing. Facts and Procedural History Pursuant to the Declaration of Defendant's counsel, William H...

Excerpt: ... to strike portions of the First Amended Complaint. (1) This matter involves a three‐vehicle collision on June 15, 2019 where a vehicle driven by Defendant Verdugo is alleged to have collided with a vehicle driven by Plaintiff Prado, with whom Plaintiff Rodriguez was a passenger. Defendant Verdugo's vehicle is then alleged to have collided with a third vehicle. On June 18, 2019, the Tulare County District Attorney's Office filed criminal charge...

Excerpt: ...9.) In Spring of 2021, Plaintiff discovered more than $20,000 in fraudulent charges. (Complaint, Paragraph 10.) Plaintiff opened a fraud claim with Capital One, which provided Plaintiff with a case number. (Complaint, Paragraph 10.) Although Capital One advised Plaintiff he would not be responsible for fraudulent and unauthorized activity, Capital One subsequently denied his fraud claim and rebilled the charges to his credit card account. (Compla...

Excerpt: ...ember 18, 2021, following the filing of SPAS's demurrer, this court granted SPAS's motion to strike Alqudah's first cause of action for breach of contract. Alqudah cause of action based on fraud and misrepresentation is, as a result, the sole remaining cause of action at issue in the demurrer. The court finds that the allegations as to fraud and misrepresentation are insufficient to support the cause of action against SPAS. “In California, frau...

Excerpt: ...ce. Facts Plaintiff Graciela Meza filed a complaint on May 20, 2021. The body of the complaint contains allegations concerning property identified as 595 Sierra Ave, Earlimart, CA (“Subject Property.”) The first cause of action is stated as “verbal contract.” The second cause of action is stated as “breach of contract.” The third cause of action is stated as “unjust enrichment.” Plaintiff's apparent issue is the removal of Plainti...

Excerpt: ...ompel Responses to Requests for Documents. Plaintiff is ordered to provide verified responses without objections to Defendant's Form and Special Interrogatories, Set No. 1 and Requests for Production, Set No. 1, no later than twenty (20) days from notice of this order. The Court further orders Plaintiff to pay $300.00 total in mandatory monetary sanctions to Defendant's counsel within thirty (30) days from notice of the Court's ruling on these di...

Excerpt: ...e Dairy” to cover silage piles with plastic, and, as part of that service, to periodically remove the plastic so the dairy could access the underlying feed. As Lawrence Dairy apparently refers to defendants' dairy and dairy business, for all purposes here, the court assumes there is no dispute that defendants are the parties who hired CT&T. Defendants' move for summary judgment on the basis of the Privette doctrine, established in Privette v. S...

Excerpt: ...e Dairy” to cover silage piles with plastic, and, as part of that service, to periodically remove the plastic so the dairy could access the underlying feed. As Lawrence Dairy apparently refers to defendants' dairy and dairy business, for all purposes here, the court assumes there is no dispute that defendants are the parties who hired CT&T. Defendants' move for summary judgment on the basis of the Privette doctrine, established in Privette v. S...

Excerpt: ...ce. Facts Plaintiff Graciela Meza filed a complaint on May 20, 2021. The body of the complaint contains allegations concerning property identified as 595 Sierra Ave, Earlimart, CA (“Subject Property.”) The first cause of action is stated as “verbal contract.” The second cause of action is stated as “breach of contract.” The third cause of action is stated as “unjust enrichment.” Plaintiff's apparent issue is the removal of Plainti...

Excerpt: ...ompel Responses to Requests for Documents. Plaintiff is ordered to provide verified responses without objections to Defendant's Form and Special Interrogatories, Set No. 1 and Requests for Production, Set No. 1, no later than twenty (20) days from notice of this order. The Court further orders Plaintiff to pay $300.00 total in mandatory monetary sanctions to Defendant's counsel within thirty (30) days from notice of the Court's ruling on these di...

Excerpt: ... is the owner, that a month to month tenancy was established, that although a written agreement was made, he is not in possession of the agreement, but alleges monthly rent in the amount of $830.00 and that Defendants Acosta and Meza remain in possession after personal service and expiration of a 30 day notice, set to expire October 29, 2021. A copy of the notice is attached to the complaint. Plaintiff then filed the complaint for unlawful detain...

Excerpt: ...ting this tentative ruling will become the order of the court and service by the clerk will constitute notice of the order. Re: Olivera, Lucia vs. Anderson, Daniel Lee Case No.: PCL 200306 Date: December 7, 2021 Time: 8:30 A.M. Dept. 23‐The Honorable Gary M. Johnson Motions: Defendant Anderson's Demurrer Tentative Ruling: To overrule Defendant Anderson's Demurrer. Defendant Anderson shall file his answer no later than December 13, 2021. Facts a...

Excerpt: ... file for a second time the moving papers and declarations that are already on file with the court. Accordingly, the motion to approve the settlement pursuant to the Private Attorney General Act of 2004 is preliminarily denied without prejudice. The hearing on this matter is continued to February 8, 2022 at 8:30 a.m.in Department 7 of this court. Case management conference is likewise continued to February 8, 2022 at 8:30 a.m. in Department 7. 1....

Excerpt: ...r Authority (“FWA”) seeks to acquire farmland owned by defendants assigned Tulare County Assessor's Parcel Numbers 302‐140‐011, 319‐140‐001, and 319‐140‐ 028. This property that the FWA seeks to acquire is needed for repair of the Friant‐Kern Canal. The Canal is operating at diminished capacity and this project seeks to restore the Canal to its optimal capacity. This property the FWA seeks consists of fee interests in land plant...

Excerpt: ...ersonally served with a “30 Day Notice to Terminate Tenancy” under Civil Code section 789. On November 11, 2021, the period stated in the 30 Day Notice expired. On November 16, 2021, Plaintiff filed this unlawful detainer action. The Complaint states that Defendant has been occupying the unit since June 2011 based on oral agreement and that the tenancy is at will. The Complaint further alleges, under 7.a., that the at will tenancy “is not s...

Excerpt: ... the Doe Defendants was entered the same day. On October 15, 2021, Plaintiff filed this motion to be relieved of the dismissal of Doe Defendants by prior counsel of Plaintiff. Plaintiff notes as the Doe Defendants are “vital to the two causes of action of quit title and adverse possession as there would be other potential Defendants who are owners of record of the parcel in dispute.” Analysis California Code of Civil Procedure section 473(b) ...

Excerpt: ...aring date. Facts Plaintiffs allege that, in May 2010, they observed a flyer indicating that Parcel No. 328‐100‐ 011 (the “Property”) was for sale, by owner. The flyer indicated the Property included approximately 15 acres improved with a barn, single wide mobile home, small shed, water well, water tank and gravel driveway. Plaintiffs contacted the owners of the Property, Defendants. Defendants confirmed that the Property was as described...

Excerpt: ...ry Judgment on the basis that the undisputed facts fail to constitute a cause of action against the County. Although the County alternatively seeks summary adjudication, the County has failed to follow California Rule of Court 3.1350(b) requiring that, for summary adjudication, “the specific cause of action, affirmative defense, claims for damages, or issues of duty must be stated specifically in the notice of motion and be repeated, verbatim, ...

Excerpt: ...ondent Pedro Zamora. The Corporation's principal place of business is 752 S. Farmersville Boulevard, Farmersville in Tulare County. This Petition seeks inspection of various corporate records, including: “stock certificate book, a stock register, a journal showing its business transactions, ledgers into which the transactions are posted, and a record of the meetings of the board of directors, minutes from shareholder meetings, minutes from Boar...

Excerpt: ...rovide accurate itemized wage statements alleged by each of plaintiffs (1) James Alvarez, (2) Raul Chavez, Jr., (3) Ruben Marquez, (4) Jeffrey McKeehan, (5) Javier Fonseca, and (6) Juan Barrera. Defendant Visalia Ceramic Tile, Inc. (VCT) filed six separate motions for summary adjudication against plaintiffs Alvarez, Chavez, Jr., Marquez, McKeehan and Fonseca on August 24, 2021. Plaintiffs Alvarez, Chavez, Jr., Marquez, Fonseca, and Barrera filed ...

Excerpt: ...the merits evaluation required by Kullar v. Foot Locker Retail, Inc. (2008) 168 Cal.App.4th 116, 129 as well as itemized cost information and a supplemental declaration from the Class Representative, Plaintiff Ronald Acker. On November 24, 2021, the Court received two supplemental declarations from counsel and one declaration from Plaintiff Acker addressing these issues. The supplemental declaration of Heather Davis provides sufficient informatio...

Excerpt: ...n, however, is that the general rule is limited to those material facts properly pleaded and does not apply to conclusions of fact or law. Moore v. Regents of University of California (1990) 51 Cal.3d 120, 125. For example, a bare allegation that an act is illegal, unlawful, unauthorized, wrongful, or fraudulent is a conclusion of law that need not be accepted as true. 4 Witkin, Cal. Procedure (4th Ed. 1997) Pleading section 345, pp. 444‐445. A...

Excerpt: ... the provisions of California Code of Civil Procedure section 664.6.” Thereafter, also on May 21, 2020, the parties executed an addendum to this original settlement agreement. Notably, this addendum called for the parties to file a “Request for Dismissal of the entire Action, with prejudice.” A dismissal of the entire action, with prejudice occurred July 1, 2020. Thereafter, Defendant allegedly could not make the requisite payment under the...

Excerpt: ...ring on November 30, 2021. The court finds and rules as follows: On July 9, 2021, the settlement administrator received a mailing list of 234 potential class members from defendant's counsel with names, contact information, social security numbers and relevant employment information. The administrator processed the names through the National Change of Address Database and updated the list with any updated addresses located. Class notice was sent ...

Excerpt: ...endant First American National LLC as the current loan servicer and beneficiary of the loan and Defendant Mortgage Lender Services, Inc. as the current trustee of the loan. Plaintiffs obtained two deeds of trust on the Subject Property simultaneously in 2006. In April 2021, a Notice of Default and Election to Sell was recorded in Tulare County. Thereafter, in July 2021, a Notice of Trustee Sale was recorded. On October 8, 2021, the property was f...

Excerpt: ...ce of Termination of Tenancy: COVID Tenant Relief Act” (“Notice”) checking the box “Owner intends to withdraw the Premises from the rental market.” The Notice was posted and mailed, and provided 60 days' notice, set to expire October 31, 2021. The Notice additionally notes “no rent collected” as to relocation fees. Plaintiff then filed the complaint for unlawful detainer on November 3, 2021. The complaint indicates the action is sub...

Excerpt: .... Gallow Winery (1977) 69 Cal.App.3d 103, 114. An exception, however, is that the general rule is limited to those material facts properly pleaded, and does not apply to conclusions of fact or law. Moore v. Regents of University of California (1990) 51 Cal.3d 120, 125. For example, a bare allegation that an act is illegal, unlawful, unauthorized, wrongful, or fraudulent is a conclusion of law that need not be accepted as true. 4 Witkin, Cal. Proc...

Excerpt: ...ant and cross‐complainant's cross‐complaint for breach of contract pursuant to California's anti‐SLAAP statute, Code of Civil Procedure section 425.16. This case arises from SPAS's breach of contract suit against defendant and cross‐complainant Ihssan Alqudah (Alqudah), a former tenant under a commercial lease, which followed the resolution of a prior separate unlawful detainer suit against Alqudah by stipulated judgment. SPAS sued Alquda...

Excerpt: ...her individual PAGA claim as well as $3,965.53 attorneys' fees and $1,590.00 in costs. Case Management Conference is continued to March 24, 2022: 8:30 am; D1. If dismissal is filed prior to said date the CMC will fall off calendar. Facts Plaintiff filed this action for various violations of California's Labor Code and Private Attorney General Act related to wage and hour issues including failure to pay minimum and overtime wages, failure to provi...

Excerpt: ...or other information regarding the $25,000 in costs, as requested previously; and (3) a declaration from Central California Legal Aid Services, as requested previously. The hearing and CMC are continued to January 20, 2022; 8:30 am; D1 to allow for further briefing. 1. Enhancement Awards to Class Representative Plaintiff Nereida Barela has submitted a declaration purporting to support an enhanced class representative award of 7,500.00. The Court ...