Excerpt: ...8, 2021, it became owner of the Subject Property by purchasing it at a trustee's sale held in compliance with California Civil Code section 2924. (Complaint ¶ 3.) Plaintiff alleges that title on the Subject Property pursuant to the foreclosure sale has been duly perfected in Plaintiff's name as of February 25, 2022, the date of recordation. (Complaint ¶ 3; Exhibit A) On September 8, 2022, Defendant Ronald Osburn filed three motions: (1) Motion ...

Excerpt: ... overtime compensation, failure to provide meal periods, failure to authorize and permit rest periods, failure to pay minimum wage, failure to timely pay wages, failure to provide accurate wage statements, failure to maintain accurate time and payroll records, and failure to reimburse necessary business‐related expenses. (Complaint ¶1.) Plaintiff indicates all causes of action are “brought as a class action on behalf of himself and similarly...

Excerpt: ...ce with the applicable claim's statute. An unstamped liability claim report attached to the complaint and addressed to the Clerk of the Board of Supervisors indicates an incident date of February 27, 2012 and the date of the claim as August 31, 2022. The County brings this demurrer under a number of theories, including failure to timely bring a government claim and expiration of the applicable statute of limitations, and the presence of another c...

Excerpt: ...a was cited for violation of an applicable safety regulation following the injury of a Sierra employee during the operation of a machine at Sierra's lumber mill in Terra Bella. Sierra fails to present a valid basis for issuance of the requested writ and the petition is, therefore, denied. Background A Sierra employee suffered partial finger amputations while trying to clear a jam, by hand, in a “coastal planer” machine designed to cut and sha...

Excerpt: ...ancement award, and class certification for settlement purposes came on for hearing on December 6, 2022. The court finds and rules as follows: On August 29, 2022, the settlement administrator, Phoenix Settlement Administrators, received a mailing list of 226 potential class members from Defendant's counsel with names, contact information, social security numbers and relevant employment information. The settlement administration processed the list...

Excerpt: ...parties and issue a ruling in writing. (1) Facts This motion was filed November 23, 2022 for a hearing date of December 6, 2022. Plaintiff specifically seeks relief from this Court's order on November 14, 2022, granting Defendant County of Tulare HHSA's ex parte application for dismissal for Plaintiff's failure to timely file a second amended complaint after the Court's sustained the County's demurrer with a narrow granting of leave to amend. The...

Excerpt: ...C), plaintiff Dominga Tabutol's prayer for punitive damages; certain of her supporting allegations; and her FHA and FEHA discrimination claims, as against Draper. The court will only cover, here, the recent procedural history and new factual allegations of the 5AC pertinent to disposition of the instant motion, as the case's prior procedural history and general factual background is extensively covered in the court's prior rulings. Relevant backg...

Excerpt: ...Property.”) On March 8, 2022, Plaintiff and Defendant Jose Hernandez, by stipulation, indicated that this matter had been resolved pursuant to a settlement agreement and that the Court retained jurisdiction under Code of Civil Procedure section 664.6 in event of a breach. On November 3, 2022, this Court entered judgment pursuant to an ex parte application of Plaintiff in the amount of $9,9892.18, including $14,593.18 of past due rent, credits f...

Excerpt: ...sts, enhancement award, and class certification for settlement purposes came on for hearing on December 5, 2022. The court finds and rules as follows: On August 4, 2022, the settlement administrator, Atticus Administration, LLC, received a mailing list of 150 potential class members from Defendant's counsel with names, contact information, social security numbers and relevant employment information. The settlement administration discovered one po...

Excerpt: ...nuba, CA. (“Property”). (Complaint ¶¶1, 2.) Plaintiffs “are individuals who are owners, not on record due to the defendant's claim of a lien on the Property at all times since the Property's acquisition in March 1984. Plaintiffs requests quiet title herein.” (Complaint ¶3.) Defendant Fierro is the owner of record, has been since March 1984. (Complaint ¶4.) Defendant Fierro is also Plaintiffs' maternal uncle. (Complaint ¶11). Plaintif...

Excerpt: ...31, 2022, Plaintiff filed a proof of service indicating personal service on named Defendants Nancy Johnson and Kevin Doyle. No proof of service as to moving party Claimant Jason Castiglione or “All Unknown Occupants in Possession” was filed. Default judgment was entered as to the named Defendants on October 31, 2022. The judgment checks the box “Include in the judgment all tenants, subtenants, named claimants, and other occupants of the pre...

Excerpt: ...operty.”) Plaintiff is the owner and operator of Sierra Mobile Village, where the Subject Property is rented by named Defendant Marcelino Manriquez. The proof of service of the 3‐day Notice to Pay Rent or Quit / 60‐day Notice to Terminate Possession (“Notice”) was purportedly served personally on named Defendant Marcelino Manriquez on August 12, 2022. Thereafter, the complaint and summons were purportedly served by personal service on n...

Excerpt: ...ben Barrientos, Jr. alleges that, on or about September 2, 2020, while he was traveling on Avenue 96 in the city of Terra Bella, a vehicle owned by TRTC and driven by Walker along Road 264 collided with his vehicle after failing to stop at a stop sign at the intersection of Avenue 96 and Road 264. TRTC and Walker have moved to quash service of summons, contending this court lacks jurisdiction based on tribal sovereign immunity. Analysis Indian tr...

Excerpt: ...operty.”) Plaintiff is the owner and operator of Sierra Mobile Village, where the Subject Property is rented by named Defendant Marcelino Manriquez. The proof of service of the 3‐day Notice to Pay Rent or Quit / 60‐day Notice to Terminate Possession (“Notice”) was purportedly served personally on named Defendant Marcelino Manriquez on August 12, 2022. Thereafter, the complaint and summons were purportedly served by personal service on n...

Excerpt: ...Funtila. Petitioner now brings a petition to approve the compromise of a settlement offer to the minor child. According to the Petition, on January 10, 2019, Claimant was a passenger in a motor vehicle that was rear ended by Defendant Valerian Domingo, who was driving the vehicle with the permission of Defendants Rosie Acosta and Melissa Omos. (Petition at 5.) Injuries The Claimant had no immediate or residual damages or injuries from the acciden...

Excerpt: ...an Resources Representative from the firm Defendant employs to provide human resource services to Defendant. Mr. Andalon indicates he held this position during Plaintiff's employment period, that his company has maintained its standard protocol for presenting employment polciies, including the arbitration agreement in Spanish if necessary and that he personally presented and went over the arbitration agreement with Mr. Rodriguez at his time of hi...

Excerpt: ... on October 31, 2022, granted judgment for possession for Plaintiff after trial, cancelled the rental agreement, issued the writ immediately, and awarded $1,794.07 to Plaintiff. Defendant Lockard did not appear at trial and the judgment indicates Defendant was properly served with notice of trial. Defendant Lockard seeks relief from the judgment and/or a stay of execution of the judgment. In support, Defendant states “I gave the wrong address, ...

Excerpt: ... on October 31, 2022, granted judgment for possession for Plaintiff after trial, cancelled the rental agreement, issued the writ immediately, and awarded $1,794.07 to Plaintiff. Defendant Lockard did not appear at trial and the judgment indicates Defendant was properly served with notice of trial. Defendant Lockard seeks relief from the judgment and/or a stay of execution of the judgment. In support, Defendant states “I gave the wrong address, ...

Excerpt: ...an Resources Representative from the firm Defendant employs to provide human resource services to Defendant. Mr. Andalon indicates he held this position during Plaintiff's employment period, that his company has maintained its standard protocol for presenting employment polciies, including the arbitration agreement in Spanish if necessary and that he personally presented and went over the arbitration agreement with Mr. Rodriguez at his time of hi...

Excerpt: ...s an automobile accident where liability was not contested. The matter proceeded to jury trial and Plaintiff was awarded $6,292.12 for pain and suffering and the initial medical expenses for treatment through February 8, 2019. Defendants indicates “The notice of entry of judgment was sent to Defendants electronically on August 9, 2022.” The proof of service appears to indicate that a proposed judgment was sent by electronic mail on August 9, ...

Excerpt: ...n November 14, 2022, granted judgment for possession only for Plaintiff. The writ of execution was issued on November 15, 2022. Defendant Victor Ramirez provides no basis under Code of Civil Procedure section 473 to vacate the judgment after trial and appears to argue a potential defense regarding payment of rent to Juan Ramirez, a non‐party to this action as well as payments for repairs alleged to the property. Although Defendant Victor Ramire...

Excerpt: ...l of class action and PAGA 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 October 26, 2022, the settlement administrator Simpluris, through its Case Manager, filed a declaration detailing the following events. On June 21, 2022 the administrator received a mailing list of 1,246 potential class memb...

Excerpt: ... Defendant Christi Chadwell occurred on September 4, 2022. On September 28, 2022, default judgment was entered as to Defendant Chadwell. Defendant Chadwell now brings this ex parte motion to vacate the Court's default judgment against her. The Court notes it held trial on October 7, 2022 as to the remaining defendant, granted judgment for possession for Plaintiff after trial, cancelled the rental agreement, issued the writ immediately, and awarde...

Excerpt: ...er, on August 7, 2021, Defendants ceased making payments pursuant to the settlement agreement and are currently in default of the agreement. Plaintiff now seeks to enter judgment pursuant to Code of Civil Procedure section 664.6 in the amount of $45,495.30, which credits the payments made to Plaintiff. On June 1, 2020, Plaintiff filed a proposed order, which this Court signed, dismissing without prejudice this case, but retaining jurisdiction pur...

Excerpt: ...rer to the fifth and sixth causes of action with leave to amend; Plaintiff shall have ten (10) days to file an amended complaint as to the fifth and sixth causes of action; (2) To sustain the demurrer to the fifth cause of action with leave to amend; Plaintiff shall have ten (10) days to file an amended complaint as to the fifth cause of action. Facts This case arises out of Plaintiff's former employment at International Paper Company (“Interna...

Excerpt: ...to fixed term one year lease with $800 due per month commencing October 21, 2021. (Complaint ¶ 6.) The Court notes the attached rental agreement appears to provide for a month to month lease commencing September 8, 2021, is unsigned by the Defendant. (Complaint Pages 6‐9.) The Court also notes an attachment purported to be a letter from the Housing Authority of Tulare County indicating the anniversary date of the lease on the Subject Property ...

Excerpt: ...sed, in part, on the alleged actions of Defendant Mario Plasencia. Plaintiff served the complaint on May 2, 2022 and May 5, 2022 as to the Defendants. Defendants answered the complaint on June 1, 2022 and June 6, 2022. In opposition, Plaintiff notes Defendants did not plead an affirmative defense as to arbitration. Additionally, Plaintiff notes it propounded discovery to Defendant on May 31, 2022 and that Defendants' discovery responses on July 1...

Excerpt: ... for (1) breach of the implied covenant of good faith and fair dealing; (2) an accounting; (3) intentional and (4) negligent interference with prospective economic advantage; (5) unfair business practices; violation of (6) state and (7) federal unfair debt collection laws; (8) trade libel; and (9) recession based upon news stories ran by Sinclair and its former reporter, Cross‐Defendant Jeffrey Platt. The Court notes that Milan, in response to ...

Excerpt: ...ant Brenda L. Davidson (“Defendant Davidson”) obtained a loan from Zone Funding in the principal amount of $304,500.00 (“Loan”) and evidenced by a Note (“Note”) Defendant Davidson executed on June 7, 2006 in favor of Zone Funding. (UMF Nos. 1 and2.) The Loan was a refinance which paid off a prior loan Defendant Davidson had with EMC Mortgage Corp in the approximate amount of $269,189.12. (UMF No. 3.) The Note was subsequently lost or ...

Excerpt: ...15‐year‐old Ruben and (2) 14‐year‐old Rudy is Tammy Esparza, guardian ad litem and mother of both claimants. (Petitions at 1, 2.) Petitioner brings these petitions to approve the compromises of settlement offers to the two minor children. (Petitions at 1, 2.) This matter involves an automobile accident. On or about April 23, 2022, Petitioner was driving a vehicle containing minors Ruben and Rudy, as well as another passenger, when Defenda...

Excerpt: ... (2) To grant the motion; to compel arbitration as to the Class Action Case and as to the individual claims of Plaintiff Leija in the PAGA Case; to strike the class allegations; to stay the Class Action Case pending arbitration; to stay the representative portion of the PAGA case pending arbitration and the California Supreme Court's decision Adolph v. Uber Technologies, S274671, 2022 Cal. LEXIS 5021. (1) Facts Plaintiff seeks leave to amend the ...

Excerpt: ...Citibank. (Complaint ¶1.) Plaintiff notes it “is a debt buyer as defined by Section 1788.50 of the CA Civil Code. Plaintiff and Plaintiff's counsel's application for license pursuant to Financial Code Section 100000 et. seq. are pending issuance with the Nationwide Multistate Licensing and Registry and/or the California Department of Financial Protection and Innovation.” (Complaint ¶4.) Plaintiff further alleges “Section 1788.50 of the CA...

Excerpt: ...th Plaintiff MAGDALENO RAMIREZ CANDIDO's matter, Case No. VCU292210 (the “Candido Matter”) for pretrial discovery and trial. The Galicia Matter ‐ VCU291805 In the Galicia Matter, Plaintiff Galicia seeks recovery for injuries sustained as a result of an automobile accident on September 10, 2021 at the intersection of State Route 201 (CA‐201) and Road 40 in or near Dinuba, Tulare County, California. Plaintiff Galacia alleges Defendant Alvin...

Excerpt: ... Valley (“UHC” or “Defendant.”) The complaint alleges that “Venue is proper in this Court because, upon information and belief, Defendant maintains offices, has agents, employs individuals, and/or transacts business in the State of California, County of Tulare.” (Complaint ¶4.) Further, Plaintiff alleges “Defendant [UHC], at all times herein mentioned, was and is, upon information and belief, a California corporation, and at all ti...

Excerpt: ...ourt for relief from the claims filing requirements and the Court granted the relief sought. As such, the demurrer as to compliance with the claims presentation requirements is overruled. The Court will address the substantive arguments as presented in the remainder of the demurrer. On June 23, 2022, Plaintiff filed a first amended complaint alleging one cause of action for discrimination, a second cause of action for failure to prevent discrimin...

Excerpt: ...Mitigation/Early Childhood Director” for the Tulare City School District. (Complaint ¶3.) Defendant Ira Porchia's job title is “Director of Child Safety.” (Complaint ¶4.) Philip Pierschbacker's job title is “Assistant Superintendent of Personnel” (Complaint ¶5.) Plaintiff pleads two causes of action: 1) Violations of the Confidentiality of Medical Information Act as codified within California Civil Code § 56.20(b) and 2) Violations ...

Excerpt: ...panish. (Complaint ¶¶2, 3, 4.) Defendant Ken Horn is the Principal and Superintendent of Defendant Sequoia Union Elementary School. (Complaint ¶7.) Plaintiff pleads two causes of action: 1) Violations of the Confidentiality of Medical Information Act as codified within California Civil Code § 56.20(b) and 2) Violations of the Confidentiality of Medical Information Act as codified within California Civil Code § 56.20(c). On September 7, 2021,...

Excerpt: ... Court because, upon information and belief, Defendants reside, transact business, or have offices in this county, and the acts and omissions alleged herein took place in this county” (FAC ¶9.) “Defendants employed Plaintiff and other California residents as non‐exempt employees throughout California at Defendants' California business location(s)” and “Defendants continue to employ non‐ exempt employees within California.” (FAC ¶ ...

Excerpt: ...te of Wanger Jones Helsley PC, due no later than thirty (30) days from this hearing. Facts This limited civil case alleges two causes of action for open book account and account stated as against Defendant Juan Torres Construction Inc. Plaintiffs First Set of Request for Admissions were served on July 14, 2022. Defendant served responses on August 18, 2022. The responses stated: “Responding Party incorporates by reference the aforementioned Pre...

Excerpt: ...f of service as to Defendant Karadjian indicating he was served with the summons, complaint and civil case cover sheet on June 1, 2022 at 1:51 pm at 480 N. Vermont Ave, Dinuba, CA. A registered process served Defendant Karadjian. The Court also notes service by the same process server, at the same time and location, on Defendant Karadjian as the agent for service of process and corporate director of Defendant Gold Mountain Pakcing, Inc. filed on ...

Excerpt: ...motion as moot by the ruling on (1). Facts Plaintiff filed this complaint March 16, 2021. The complaint pled one count of partition as to real property located in Terra Bella, CA and a second count for money owed as to property expenses. Plaintiff sought partition of the property by sale, attorney fees, and costs. Defendants Charles Adams Jr. and Gina Adams answered the complaint and sought affirmative relief as to the first cause of action for p...

Excerpt: ...unt is $215,000.00 Plaintiff estimates approximately 784 covered employees. The covered employees consist of “all of Trinity Packing Company, Inc.'s nonexempt employees who worked for Trinity Packing Company, Inc. in California at any time from April 29, 2020 to February 22, 2022.” Plaintiff brings claims for (1) Meal Period Violations; (2) Rest Period Violations; (3) Failure to Reimburse Necessary Business Expenses (4) Wage Statement Violati...

Excerpt: ...forth in the current third amended complaint, but, to the extent plaintiffs omit contextual allegations or change allegations from prior versions that are inconsistent with earlier allegations, the facts include allegations from prior versions of the complaint. During recent years, the California olive industry has been under substantial threat due to competition from low‐cost Spanish olives. In response, in June 2017, Bell‐Carter and Musco, ...

Excerpt: ...o and Eric Miller entered into year‐long tenancy with $1,750 due per month. (Complaint ¶5 – Ex. 1.) The lease after expiration of the year became month to month. (Complaint ¶5 – Ex. 1.) On September 20, 2022, Plaintiff caused a three‐day notice to pay rent or quit (“Notice”) to be served on Defendants by posting and mailing. (Complaint ¶7 – Ex. 3.) The Notice states rent due in the amount of $12,355 consisting of $1,750 per month...

Excerpt: ...sulting fee of $95,550.00 for a cumulative loan that totals $5,460,000,” which fee would be “pro‐rated to reflect the actual funds raised should UFIG investor base fail to fund the entire required amount of $5,460,000.00.” (Complaint ¶ 7.) Plaintiff further alleges that on or about April 14, 2022, Defendants purchased 1500 N. Cherry Court, Tulare, CA and thus triggered the consulting fee in the amount of $82,211 (Complaint ¶ 8.) Plainti...

Excerpt: ...n support, Defendant attaches a request for judicial notice as to Plaintiff's complaint and excerpts from Plaintiff's deposition. Authority and Analysis “Motions to strike can be used to reach defects in or objections to pleadings that are not challengeable by demurrer. Complaints, cross‐complaints, answers and demurrers are all subject to a motion to strike [citation].” (Weil & Brown, Cal. Prac. Guide: Civ. Proc. Before Trial (The Rutter G...

Excerpt: ... at 28436 Satellite Street as its agent of service (2420574) as its Agent for Service of Process in California. (Declaration of Robert D. Bassett (“Bassett Decl.”) ¶4.) On July 20, 2022, an incomplete copy of the Summons and Complaint was received via U.S. Mail at the Defendant's location in Stockton, California from an unidentified sender. (Bassett Decl., ¶5. ) The Summons mailed to the Stockton office is incomplete as it does not identify...

Excerpt: ...leges a single cause of action for penalties pursuant to Labor Code section 2699 (PAGA) for various violations of California's Labor Code including sections 203, 226.7, and 512 by Defendant Replanet Packaging LLC (“Defendant.”) Defendant, based on the United State Supreme Court's decision in Viking River Cruises, Inc. v. Moriana (2022) 142 S. Ct. 1906, now moves to compel Planitiff's PAGA claim to arbitration and stay this action. Defendant b...

Excerpt: ...ed by Plaintiff ending 0635. Defendant answered the complaint. On or July 19, 2022, the Court deemed admissions nos. 1 through 11 admitted as follows: 1. YOU admit that YOU applied for the credit card ACCOUNT with JPMorgan Chase Bank, N.A; 2. YOU admit that YOU received a Cardmember Agreement, for the credit card ACCOUNT ending in XXXXXXXXXXXX0635; 3. YOU admit that YOU voluntarily agreed to abide by all terms and conditions listed in the Cardmem...

Excerpt: ...Facts Petitioner was employed by the City of Porterville as a firefighter. (Declaration of Roulston (“Roulston Decl.”) ¶1.) Petitioner was terminated on October 18, 2021. (Roulston Decl. ¶ 1.) Petitioner was terminated apparently based upon an off‐duty arrest on July 3, 2021 for alleged assault and battery. (Roulston Decl. ¶ 6.) On October 13, 2021, an administrative hearing (Skelly hearing) took place. (Roulston Decl. ¶ 6.) At the Skel...