Excerpt: ...those agreements. In September 2020, Defendants Donahue Schriber Realty Group, L.P. and Donahue Schriber Asset Management Corporation (collectively "Donahue Schrieber") as seller, entered into a purchase and sale agreement and joint escrow instructions (the "PSA") with Salim Development Group, as buyer, fora parcel of land in a development in the City of Visalia. (FAC '18.) The PSA was amended a number of times, including a third amendment where ...

Excerpt: ...age payout of $121.66. The Class Members consist of: All current and former non-exempt employees of Agustin Ceballos Baca dba A&L Harvesting who performed work for Porterville Citrus, Inc. in California at any tme from December 2, 2018 through October 15, 2023. Plaintiff primarily alleged the following violations: (1) meal period violations premised on failure to provide timely duty-free 30 minute first meal periods; (2) rest period violations pr...

Excerpt: ...d a declaration and supplemental briefing addressing these issues. Attorneys' Fees and Costs Attorneys' fees of 33% of the gross settlement fund of $445,130 or $148,375.57 and costs not to exceed $25,000 are sought by Plaintiff's counsel. Counsel has utilized the percentage of common fund methodology as well as provided adequate lodestar information to evaluate the reasonableness of the fee request. Here, Counsel indicates that the firm has spent...

Excerpt: ... of action against the City is for dangerous condition of public property and failure to maintain public property as to non-functioning pedestrian cross-walk flashing beacons designed to alert others of the presence of pedestrians in the cross-walk. Material Facts The following facts are undisputed by Plaintiff Carranza, unless otherwise indicated. On July 20,201B, at approximately 6:10 a.m., Decedent was struck and killed by a vehicle while oper...

Excerpt: ... approximately 1969-1971. While coordination has not be called for in this matter, this matter effectively brings together six distinct fact patterns for a jury to consider some of which are separated by over a decade of time" (Motion 2:21-28, 3:1.) Additionally, Defendants state that discovery delays and the delayed service of the complaint will cause Defendants to "...expedite the scheduling of depositions for the six individual plaintiffs, any...

Excerpt: ...c Defendants seek to compel arbitration of Plaintiffs individual PAGA claims and stay the representative PAGA claims pending arbitration pursuant to Plaintiff's hand-signed arbitration agreement. Facts as to Agreement to Arbitrate In support, Defendants provide the declaration of Reyes who indicates that she personally managed Plaintiff from 2016 through 2022 at the Visalia location and on February 5, 2021, she personally presented the arbitratio...

Excerpt: ...verruled. Background Facts This complaint involves class actions claims by Plaintiff for various wage and hour Labor Code violations and unfair business practices under Business and Professions Code section 17200 against Defendants Genova Management Group LLC, Milano Restaurants International Corp., Me-N-Ed's Pizzerias, Inc. Defendants seek to compel arbitration of Plaintiff's individual claims, enforce a class action waiver and dismiss Plaintiff...

Excerpt: ...91.) Plaintiff alleges he is the assignee of Westlake Financial Services, LLC, dba Westlake Financial Services ("Westlake Financial), the named "Lender Loss Payee" and/or Additional Insured under ALJlC's Policy Number MIL4935650 (the "Policy"). (Complaint 9, 11-14.) Plaintiff sues under theories of breach of contract and breach of implied covenant of good faith and fair dealing. Plaintiff seeks punitive damages on the breach of implied covenant t...

Excerpt: ...that Plaintiff was arrested, in custody or otherwise present Tulare County law enforcement at the pretrial facility. In response, Defendant states that much of the evidence requested, at various times between September 6, 2021 and September 18, 2022 has been routinely overridden. However, Defendants state that Plaintiff filed a formal complaint against a deputy in 2021 and recording associated with that complaint have been preserved. In any event...

Excerpt: ...ese landlords as well as other defendants alleged to be in a "joint venture," "partnership" or "common enterprise" with them. In the now second amended complaint, CIDF states various claims, the principal contentions of which are that the defendants failed to fix dairy equipment and fixtures, failed to pay for other miscellaneous items to be fixed, and failed to provide certain accommodations for CIDF's dairy operations, including water and waste...

Excerpt: ... Doe 1 on March 15, 2023. On August 28, 2023, Doe 1 filed a fee waiver request and this motion for an extension of time. The motion indicates Doe 1 is incarcerated and was uncertain if his fee waiver would be accepted prior to filing a responsive pleading in this case. The fee waiver request was granted August 28, 2023. Plaintiff did not seek entry of default until September 7, 2023. Authority and Analysis The Court will grant Doe I's request for...

Excerpt: ... Property." ) The Court notes this is an achon after the purchase of the Subject Property in 2021. (Complaint 99.) The verified complaint alleges that on or about May 8, 2023, Plaintiff learned that Defendants had begun unlawfully occupying the Subject Property, including inside the residential structure thereon, on the preceding weekend (May 5 - 6, 2023). (Complaint 911.) The complaint further alleges Defendants have refused to leave, have start...

Excerpt: ... handle the transactions. Plaintiffs allege they "developed valuable contractual and other business and economic relationships with Airbnb and VRBO that provide[] [them] with the probability of future economic benefit." Plaintiffs allege defendant has tortiously interfered with these relationships in various ways. Defendant moves to strike the complaint under Cuie of Civil Procedure section 425.16, California's anti- SLAPP statute. The ant-SLAPP ...

Excerpt: ...ference approximately six months from this hearing to April 9, 2024, 8:30 am, Dept. 7. On February 22, 2023, Plaintiff filed this action for failure to prevent harassment by non-employee and retaliation in violation of FEHA against, at all relevant times, her employer Defendant Twin Oaks Assisted Living LLC. (Complaint 98.) Plaintiff alleges that a live-in resident of the facility, former Defendant Faiman committed sexual battery and intentional ...

Excerpt: ...peline located on Defendants' property. Plaintiff alleges causes of action for declaratory relief as to its easement, injunctive relief and for trespass. Plaintiff sought, and this Court entered, an ex parte temporary restraining order preventing Defendants from interfering with Plaintiff's water easement on August 7, 2023. The Court set this matter for the current hearing as to an order to show cause as to the entry of a preliminary injunction. ...

Excerpt: ...oss settlement amount is Plaintiff estimates approximately 110 proposed Class Members, providing an estimated average payout of $335 per member. The Class Members consist of: all current and former non-exempt, hourly-paid employees who worked in California for Central Valley Recovery Services, Inc. ("Defendant"), at any time during the period from January 26, 2018 through August 15, 2023 The operative complaint alleges (1) failed to pay overtime ...

Excerpt: ...aintiff alleges he is the assignee of Westlake Financial Services, LLC, dba Westlake Financial Services ("Westlake Financial), the named "Lender Loss Payee" and/or Additional Insured under ALJlC's Policy Number MIL4935650 (the "Policy"). (Complaint 9, 11-14.) Plaintiff sues under theories of breach of contract and breach of implied covenant of good faith and fair dealing. Plaintiff seeks punitive damages on the breach of implied covenant theory. ...

Excerpt: ...' Counsel Michael Daurio filed a motion to be relieved as counsel as to Plaintiffs Leticia collectively Salmeron surviving heirs Terriquez of Efrain and Cerjio Martinez Moreno, Martinez-Salmeron, Decedent. Plaintiffs' Counsel filed the following with respect to withdrawing: (1) MC-051 - Notice of Motion and Motion to be Relieved as Counsel; (2) MC-052 — Declaration in Support of Attorney's Motion to Be Relieved as Counsel; and (3) MC-053 - Orde...

Excerpt: ...lty for prevailing in a civil action under Civil Code section 1940.2(b) involving property located at 240 N. G. Street, Porterville, CA 93257 (the "Subject Property." ) The Complaint appears to allege retaliation and habitability issues. Vela alleges that Defendant Perez, as the person with whom she entered an oral lease agreement, breached the warranty of habitability and therefore she was excused from payment of rent that was otherwise due and ...

Excerpt: ... motion to stay or dismiss this matter. Defendant's basis for this moton is that Defendant was, at all relevant times, a physician specializing in Obstetrics and Gynecology at Altura Centers for Health ("Altura"), a federally qualified health center ("FQHC") (Declaration of Banks 91.) Defendant states that Altura is an FQHC under the Federally Supported Health Centers Assistance Act of 1992 ("FSHCAA"), and therefore Altura and its officers and em...

Excerpt: ...retire and subsequently cash out the value of stock that Plaintiff had acquired over his years of employment pursuant to the Stock Redemption Agreement. (Complaint "6, 7, 9.) Plaintiff alleges he was induced to sign a document which purported to value and redeem his shares in the amount of $95,423.58. (Complaint "16, 17, 18, 21, 22.) The Stock Redemption Agreement contains the following term: "Arbitration. If any controversy or claim arising out ...

Excerpt: ...s representative Plaintiff Francisco Medrano from the proposed amount of $10,000 to the typical amount of $5,000. Enhancement payments "are fairly typical in class action cases." (Cellphone Termination Fee Cases (2010) 180 Cal.App.4th 1110, 1393.) Enhancement payments "are intended to compensate class representatives for work done on behalf of the class, to make up for financial or reputational risk undertaken in bringing the action, and, sometim...

Excerpt: ...f class action and PAGA settlement, attorneys' fees, costs, enhancement award, LWDA payment and class certification for settlement purposes came on for hearing on October 5, 2023. The Court finds and rules as follows: On September 8, 2023, the settlement administrator Phoenix, through its Case Manager, filed a declaration detailing the following events. On April 27, 2023, the administrator received a mailing list of 341 potential class members fr...

Excerpt: ...f emotional distress involving Plaintiff's employment. Defendants Aequion lnc„ Seamans Capital Management, Richard F. Seamans, Eleanor Mulvaney Seamans, and Aequion, LLC were alleged to be Plaintiff's "employers." (Complaint 4-8.) Plaintiff was employed by initially by EMOH Company LLC, which then became Aequion LLC in 2018 and later was incorporated into Aequian, Inc. in August 2019. Plaintiff generally alleges he was not paid his full wages, ...

Excerpt: ...tiffs' decedent, Gary Franks, Sr., after he fell and hit his head at home, by failing to timely diagnose and treat a subdural hematoma when he presented to Kaweah Health Medical Center on January 21, 2021, resulting in his death. (UMF Nos. 1, 15, 31.) Plaintiffs' decedent, Gary Franks, Sr., died on January 24, 2021. (UMF Nos. 8, 22, 39.) Plaintiffs filed this complaint on February 22, 2022 for as single cause of action for wrongful death based on...