Excerpt: ... admitted by Defendant Juan Torres Construction, Inc. On November 8, 2022, Plaintiff served the Requests for Admissions on Defendant Juan Torres, an individual, by mail at the address stated on Defendant's substitution of attorney, whereby Defendant Juan Torres now represents himself. As of the date of this motion, no responses have been prov-ded to Plaintiff. Plaintiff now seeks to have Admissions Nos. 1 through 17 deemed admitted. No opposition...

Excerpt: ...o file an amended complaint. Case management conference is continued to June 14, 2023; 8:30 am; DI. Facts Common to (1) and (2) Plaintiff's First Amended Complaint seeks recovery for a number of claims under Song Beverly and, relevant here, a fifth cause of action for fraudulent inducement by concealment. Plaintiff alleges that "On or about April 9, 2021, Plaintiff entered into a warranty contract with Defendant GM regarding a 2021 Chevrolet Silv...

Excerpt: ...ntiff served a sixty day notice to terminate ("Notice"). On February 14, 2023, Plaintiff filed this unlawful detainer action. Plaintiff was unable to effect service on Defendants Jordan Silva and Ronald Silva either personally or through due diligence in any other manner specified in Article 3, Chapter 4, Title V of the Code of Civil Procedure. Thereafter, Plaintiff filed an application to permit service by posting and mail. The Court, on March 8...

Excerpt: ... alleges and complains that Judge Ide questioned Plaintiff about whether Plaintiff was holding herself out as her congregant's attorney. Plaintiff identifies no precise cause of action but references freedom of religion and a violation of her Fourteenth Amendment due process and equal protection rights. In addition to monetary damages, Plaintiff seeks an order removing Judge Ide from presiding over "any and all matters pertaining to my person thr...

Excerpt: ...ntiff served a sixty day notice to terminate ("Notice"). On February 14, 2023, Plaintiff filed this unlawful detainer action. Plaintiff was unable to effect service on Defendants Jordan Silva and Ronald Silva either personally or through due diligence in any other manner specified in Article 3, Chapter 4, Title V of the Code of Civil Procedure. Thereafter, Plaintiff filed an application to permit service by posting and mail. The Court, on March 8...

Excerpt: ...s and complains that Judge Ide questioned Plaintiff about whether Plaintiff was holding herself out as her congregant's attorney. Plaintiff identifies no precise cause of action but references freedom of religion and a violation of her Fourteenth Amendment due prc„cess and equal protection rights. In addition to monetary damages, Plaintiff seeks an order removing Judge Ide from presiding over "any and all matters pertaining to my person through...

Excerpt: ...motion to strike punitive damages against all Defendants without leave to amend. Having set the pleadings as described above, the Court's review of the argument and authority cited by the parties in the motion to compel and opposition appears to be centered on the discoverability of documents relating to the hiring and training of Defendant, the purpose of the trip, and safety policies. Defendant Aarons argues that, in admitting that it is vicari...

Excerpt: ...ver Drive Properties Inc. (RDP) is a California Corporation doing business in Tulare County, California, which has benefitted from various stolen and converted property as set forth herein, in addition to actively interfering with MVP's property management contracts." (Complaint 92.) Plaintiff alleges that he started Mid-Valley Property Management ("MVP") in 1996, operating it under his Real Estate Broker's License as a sole proprietorship. (Comp...

Excerpt: ...nd mailing was completed in accordance with the Court's order of February 17, 2023, the court is willing to consider this evidence at the hearing. Facts Common to (1) and (2) This unlawful detainer matter involves property located at 139 E Ferguson Ave., Visalia, CA 93291 (the "Subject Property." ) Plaintiff alleges it purchased the property at a Trustee's Sale held October 4, 2022. (Complaint 94). Plaintiff alleges it has duly recorded the Trust...

Excerpt: ...nal approval of class action and PAGA settlement, attorneys' fees, costs, enhancement award, LWDA payment and class certification for settlement purposes came on for hearing on April 4, 2023. The Court finds and rules as follows: On March 13, 2023, the settlement administrator ILYM Group, through its Operations Manager, filed a declaration detailing the following events. On October 25, 2022, the administrator received a mailing list of 494 potent...

Excerpt: ...to a medical emergency. Authority and Analysis A non-prevailing party may make a motion to reconsider and enter a different order under the following conditions: (1) brought before the same judge that made the order sought to be reconsidered; (2) made within 10 days after service upon the party of the notice of entry of the order (extended under CCP S 1013 for type of service); (3) based on new or different facts, circumstances or law than those ...

Excerpt: ...in seeking to recover the Judgment, has discovered that Defendant Robert Hart is trustee of two additional trusts, Old Oak Holdings and North Fork Assets, as alter egos of Defendant Robert Hart in which he holds title to his former community, and now separate, property in Exeter and Badger. Plaintiff now seeks to add Robert Hart, as trustee of Old Oak Holdings and as trustee of North Fork Assets, as debtors to the Judgment. North Fork Assets appe...

Excerpt: ...he Labor Code and for unfair competition based on Plaintiff's former employment with Defendant, but lacking any Private Attorney General Act ("PAGA") claim. However, on March 22, 2023, Plaintiff filed a second amended complaint, without leave, pursuant to Labor Code section 2699.3(a)(2)(C), which states as follows: "C) Notwithstanding any other provision of law, a plaintiff may as a matter of right amend an existing complaint to add a cause of ac...

Excerpt: ...tation No. 12-38993-0017652-F, a Class A violation, to Plaintiff on June 23, 2022. Plaintiff served its notice of intent to contest the Citation on June 30, 2022. Plaintiff thereafter filed this complaint to dismiss the Citaton on September 21, 2022. Plaintiff, however, did not serve the complaint and summons until January 30, 2022. Defendant, under Health and Safety Code section 1428(b) moves to quash service as beyond the 90 day period from the...

Excerpt: ... rule 3.350. At the continued motion hearing on February 28, 2023, this Court ordered consolidation of this matter, VCU288828, Fitness v. Moshin (the "Fitness Case") and VCU293786— Alhasani v. Fitness and Thrive (the "Alhasani Case"). Alhasani now seeks to set aside or modify the February 14, 2023 order that the Court would continue this matter and consolidate the cases upon the filing of various documents in compliance with the Rules of Court....

Excerpt: ...cating a general denial appropriate to complaints demanding less than $1,000. Plaintiff moves for summary judgment on the basis that Defendant cannot file a general denial, has raised no affrmative defenses and that the handwritten portion of the answer admits rent is due and owing and that he is in possession of the Subject Property. Authority and Analysis "A motion for summary judgment may be made at any tme after the answer is filed upon givin...

Excerpt: ...he Plaintiff who is claiming post-traumatic stress disorder damages, seeks the following: "Any and all documents, paper and digital records pertaining to care, treatment and examination, including but not limited to, all office, emergency room, inpatient / outpatient charts either in hard copy or electronic and/or faxed. Any and all x-ray films, to include MRI films, CAT scans, myelograms, radiological images, ultrasounds and any other films spec...

Excerpt: ...onditional Sale Contract and Security Agreement ("Agreement"). The complaint, filed December 29, 2022, alleges causes of action for violations of the Consumer Legal Remedies Act, Violations of the Unfair Competition Law, Fraud, Violations of Song Beverly Act and Surety Bond Liability as against Defendants Thrive Sports, lnc„ Westlake Financial and Hudson Insurance Company. Defendants Thrive and Westlake Financial (collectively "Defendant") now ...

Excerpt: ...oval of class action settlement, attorneys' fees, costs, enhancement award, LWDA payment and class certification for settlement purposes came on for hearing on November 22, 2022. The Court finds and rules as follows: On February 28.2023, the settlement administrator Phoenix Settlement Administrators, through its Case Manager, filed a declaration detailing the following events. On November 18, 2022 the administrator received a mailing list of 589 ...

Excerpt: ... children. (Complaint at p. 1.) Plaintiff alleges causes of achon for fraud-misrepresentation, professional negligence and breach of contract involving Defendant's alleged forc-ng of Plaintiff into a guilty plea and representing that Plaintiff's children would be returned to her if she entered a guilty plea. (Complaint at p. 2.) Plaintiff appears to allege delayed discovery and/or tolling, in that Plaintiff alleges she recovered a suppressed memo...

Excerpt: ...nc.'s ongoing bankruptcy and stipulations regarding the corporation's defense of this case by the bankruptcy trustees. The Court notes no trial date has been reset in this matter. Authority and Analysis The Court may, in the furtherance of justice, and uinn any terms as may be proper, allow a party to amend any pleading. (CINIe Civ. Proc. SS 473, 576.) In general, California courts liberally exercise discretion to permit amendment of pleadings in...

Excerpt: ...rporation, Abeer Hafez, D.D.S„ Inc. since 2016. (UMF No. 1.) Plaintiff Amber Burkett was first seen by Dr. Hafez on a referral from a general dentist for evaluation of maxillary tooth #15, with the initial visit occurring on Monday, October 28, 2019. (UMF No. 2.) Plaintiff Amber presented complaining of pain in tooth #15 for four (4) months, with the tooth chipping prior to the initial visit causing an increase in pain and complaints that she w...

Excerpt: ... approval of class action and PAGA settlement, attorneys' fees, costs, enhancement award, LWDA payment and class certification for settlement purposes came on for hearing on March 13, 2023. The Court finds and rules as follows: On February 17, 2023, the settlement administrator Phoenix Settlement Administrators, through its Case Manager, filed a declaration detailing the following events. On September 27, 2022 the administrator received a mailing...

Excerpt: ...or final approval of class action and PAGA settlement, attorneys' fees, costs, enhancement award, LWDA payment and class certification for settlement purposes came on for hearing on March 20, 2023. The Court finds and rules as follows: On February 24, 2023, the settlement administrator Phoenix Settlement Administrators, through its Case Manager, filed a declaration detailing the following events. On November 21, 2022 the administrator received a ...

Excerpt: ...r September 18, 2023, 8:30 am in Department 2. Plaintiff's motion for final approval of class action settlement, attorneys' fees, costs, enhancement award, and class certification for settlement purposes came on for hearing on March 13, 2023. The Court finds and rules as follows: On March 6, 2023, the settlement administrator Simpluris, through its Case Manager, filed a declaration detailing the follow-ng events. On September 27, 2022 the adminis...

Excerpt: ...ton Pistachio of Terra Bella, who allegedly "owned/operated/controlled" the property where the pit was constructed; Industrial Design & Construction, who Setton allegedly hired to construct the pit; and Paul Hankins, who was allegedly hired by Setton to excavate it. The Peregrinas allege a first cause of action for negligence and related second cause for premises liability based on allegations the pit was negligently excavated and maintained by d...

Excerpt: ...This unlawful detainer matter, filed February 15, 2023, involves property located at 417 N. "L" St. #A Tulare, CA 93274 ("Subject Property.") (Complaint '13.) The Court notes this action is based on a three day notice to pay or quit. (Complaint 99.) As to moving party Defendant Torres, Plaintiff filed a proof of service indicating personal service of this lawsuit and summons on Defendant Torres occurred on February 17, 2023. On March 7, 2023, thi...

Excerpt: ...or final approval of class action and PAGA settlement, attorneys' fees, costs, enhancement award, LWDA payment and class certification for settlement purposes came on for hearing on March 20, 2023. The Court finds and rules as follows: On February 24, 2023, the settlement administrator Phoenix Settlement Administrators, through its Case Manager, filed a declaration detailing the following events. On November 21, 2022 the administrator received a ...

Excerpt: ...s property located at 13930 Idaho, Orosi, CA 93647. Plaintiff filed the complaint February 9, 2023, and effected personal service on Defendant Jimenez February 10, 2023. On February 17, 2023, defendant filed a motion to quash service of summons. In that motion she indicated she would submit on the papers filed without appearance. On 22, 2023, the court held a hearing on a motion to quash filed by defendant and denied the motion. On March 2, 2023,...

Excerpt: ...lysis relating to the reasonable value of this case so that the Court may compare it to the proposed settlement amount, attorney rate and hours information to calculate the lodestar, the presently incurred costs and proof of submission of the settlement to the LWDA. On March 9, 2023, counsel submitted a supplemental declaration addressing these issues, as indicated below. 1. Sufficiency of Amount of Settlement (Net Estimated: $122,750) The gross ...

Excerpt: ...default was entered against both and, after a prcwe up hearing on February 8, 2022, the Court found judgment in favor of Plaintiffs in the amount of $25,400.45. The parties entered a lease concerning the tenancy which contained a provision for reasonable attorneys' fees to be awarded to the prevailing party in an achon brought for recovery of rent or breach of covenant contained in the lease as follows: "[t]he prevailing party in an action brough...

Excerpt: ...the parent of the 4-year-old minor Marcellus Luque. Petitioner now brings a petition to approve the compromise of a settlement offerto the minor child. According to the Petition, on April 28, 2019, the minor was a passenger in a vehicle that was rear ended by Defendant Darron R. Burrill, allegedly while employed by Defendant Brahma Group, Inc. (Petition at 4, 5.) Injunes The minor child suffered emotional distress damages but has fully recovered ...

Excerpt: ...e of bed bugs in room number 222 (the "Room"), and damages therefrom, at Defendant's Porterville Lodging LLC's hotel. (Complaint 92.) Plaintiff seeks punitive damages as to the nuisance cause of action. Relevant here, Plaintiff alleges she entered into a hotel rental agreement to stay as a guest in the room between December 15, 2020 and January 23, 2021. (Complaint 26.) Plaintiff further alleges that in January 2021, she noticed the bed bug infes...

Excerpt: ...e are Plaintiff's psychological records from Kings View. Defendant indicates that, pursuant to prior discovery requests directed at Plaintiff, Plaintiff has some, but not all, records from Kings View. Further, Defendant indicates that Plaintiff was presented with an authorization form to release the records, but that no such authorization form has been executed as of the date of this motion. Defendants indicate that the subpoena was issued to Kin...

Excerpt: ...' fees, costs, enhancement award, LWDA payment and class certification for settlement purposes came on for hearing on March 14, 2023. The Court finds and rules as follows: On February 17, 2023, the settlement administrator Phoenix Settlement Administrators, through its Case Manager, filed a declaration detailing the following events. On November 3, 2022 the administrator received a mailing list of 1,932 potential class members from Defendant's co...

Excerpt: ...amend as to the City as to the Tenth and Eleventh causes of action. (The Court notes it previously sustained the demurrer by Defendants Fahoum, Jason Salazar, Sergio Pineda, Marisa Burkdoll, Nathan Berry, Nicholas Fistolera, Damon Maurice and Velverde as to the Tenth and Eleventh causes of action without leave to amend.); To overrule the demurrer Sixth cause of action as to Defendant Fahoum and order Defendant Fahoum to “answer or otherwise ple...

Excerpt: ...ure to pay minimum wages; (2) failure to pay overtime wages; (3) failure to provide meal periods; (4) failure to provide rest periods; (5) failure to timely pay all wages due and owing at the time of termination; (6) failure to issue accurate itemized wage statements; (7) failure to reimburse business- related expenses; and (8) unfair competition. In support, Plaintiff has attached the proposed First Amended Complaint. Plaintiff notes this case h...

Excerpt: ...l 28, 2022, alleges causes of action for: (1) Violation of Subdivision (d) of Civil Code Section 1793.2 (express warranty) (2) Violation of Subdivision (b) of Civil Code Section 1793.2 (3) Violation of Subdivision (a)(3) of Civil Code Section 1793.2 (4) Breach of the Implied Warranty of Merchantability (Civ. Code, § 1791.1; § 1794; § 1795.5) (5) Fraudulent Inducement - Concealment Plaintiffs have not sued the dealer and signatory to the RISC. ...

Excerpt: ...n 425.16, California's anti-SLAPP statute. I. Background 1. The personal injury action In the underlying prior personal injury action (Tulare Superior Court Case No. VCU283263), Martinez sued various defendants for injuries allegedly sustained during an incident on June 21, 2018, in which she fell down a flight of stairs located on property at 303 N. D Street in Porterville, CA. Martinez filed her complaint on June 19, 2020. Martinez named, as de...

Excerpt: ...ession for Plaintiff after trial, cancelled the rental agreement, issued the writ immediately, and awarded $9,148.64 to Plaintiff in past due rent, attorneys' fees, holdover damages and costs. Defendant Marina Moreno seeks to vacate the judgment and/or stay execution thereof on the basis that she was present outside the courtroom, but mistakenly believed she had to wait one hour and forty-five minutes for her case to be called and remained outsid...

Excerpt: ..., filed February 8, 2023, involves property located at 309 1/2 W. Tulare Ave. Visalia, Calif. 93277 (“Subject Property.”) (Complaint ¶3.) The Court notes this action is based on a three-day notice to pay rent or quit. On February 22, 2023, Plaintiff filed proofs of service indicating personal service was made on Defendants Janet Cross, Jason Cross and Jennifer Travis on February 12, 2023 by a registered process server. On February 22, 2023, ...

Excerpt: ..., 2022, default was entered as to Defendant Farias. No default judgment, however, has been entered in this case. Plaintiff now moves for an interlocutory judgment of partition by sale, for appointment of Kevin Singer as referee, and to start the process of selling the real property. Authority and Analysis Partition is an equitable action that is governed by statute. (Civ. Proc. Code, §§ 872.010 et seq.) Pursuant to the Civil Procedure Code, pro...

Excerpt: ...ode section 17200. The Court notes no cause of action under the Private Attorney General Act (“PAGA”) in the operative complaint. Settlement Agreement The parties thereafter settled this lawsuit and executed a settlement agreement in August 2022 (“Settlement Agreement”) that agreed to and contemplated the following: “1. Within 10 days of executing this Agreement, Plaintiff shall file a First Amended Representative Action Complaint to re...

Excerpt: ...complaining that her dentist said she had an infection in tooth No. 18, in which she had a root canal years earlier. (UMF No. 1.) At the time of the evaluation, Dr. Olson noted that Plaintiff Amber had no pain, and no sensitivity to cold or percussion tooth No. 18. (UMF No 2.) Following the evaluation Dr. Olson diagnosed asymptomatic apical periodontitis and concluded that Plaintiff Amber required non-surgical root canal treatment therapy, follow...

Excerpt: ...Case No. VCU293788, and his Private Attorney General Act (PAGA) action, Case No. VCU293928, for all purposes. Class Action Case - VCU293788 In this case, Plaintiff sues Defendant individually and on behalf of others similarly situated for 1) failure to pay overtime wages; (2) failure to pay minimum wages; (3) meal period violations; (4) rest period violations; (5) failure to pay sick pay; (6) failure to pay reporting time; (7) secret underpayment...

Excerpt: ... – a model year 2015 Chevrolet Sonic, VIN 1G1JE5SB2F4151742 (the “Sonic”) – in August 2015. (UMF No. 1.) Plaintiffs bought the Sonic used in August 2015, from Carmax Auto Superstores California and GM was not a party to this transaction. (UMF No. 2.) GM further states Carmax Auto Superstores California is not a GM-authorized dealership. (UMF No. 3.) As to the evidence in support of this fact, GM provides a declaration from its counsel, wh...

Excerpt: ...ciary duty, negligence, “insurance and bank fraud,” and “conversion of personal property.” (2) The motion to strike is rendered moot in light of the court's ruling on demurrer. Amanda Pereira, Janet Newsome, Tara Aceves and Ward Stringham demurrer to each cause of action of Robert Newsome's second amended petition/complaint on the grounds that each cause of action both fails to state a cause of action, and each is uncertain. (Code Civ. Pr...

Excerpt: ...ing Defendants Nancy Johnson and Kevin Doyle. On October 31, 2022, Plaintiff filed a proof of service indicating personal service on named Defendants Nancy Johnson and Kevin Doyle on October 1, 2022 at 3:31 pm. Service was made by a registered process server. Default judgment was entered as to the named Defendants on October 31, 2022. The writ was issued November 14, 2022. Defendant Doyle now seeks to set aside the default judgment on the basis t...

Excerpt: ...ff for a credit card account, entering into a written credit card account agreement with Plaintiff for the account number ending in 2004 (the “Account”) on April 7, 2000. (UMF Nos. 1, 10.) Defendant agreed to be bound by the terms and conditions set forth in the agreement when the defendant applied for, received or used the credit card or the account. (UMF Nos. 2, 11.) After receiving the credit card, purchases were made by the use of the acc...

Excerpt: ...timated: $122,750) The gross settlement amount is $285,000. Plaintiff estimates approximately 645 proposed Class Members, providing an estimated average payout of $190.31 per member. The Class Members consist of: All current and former hourly, non-exempt employees of Defendant in California at any time during the May 3, 2017 through November 11, 2022. The operative complaint alleges eleven causes of action against Defendant for violations of the ...