Excerpt: ...nt of $11,001.90. Defendant answered the complaint on February 8, 2023 with the following: "l agree that the amount of $11,001.90 is owed to Capital One Bank (USA), NA" and sought a payment plan to resolve this matter. On April 18, 2023, Plaintiff filed this motion for judgment on the pleadings on the basis that Defendant's answer did not deny that the money was owed to Plaintiff. Notice of this motion as mailed to the address indicated on Defend...

Excerpt: ...n to strike as to the punitive damages claim moot; to deny the motion to strike as to the references to "felon;" (3) To deny the motion to permit judicial notice/adjudicate a motion to strike beyond the limitations in Code of Civil Procedure section 92. Facts Common to (1), (2) and (3) On February 1, 2023, Plaintiff Beams filed this limited civil action for conversion against Defendant Howard involving the refusal to return a vehicle valued at $7...

Excerpt: ... should be estopped from asserting a defense applicable to public entities as to three of six causes of action on the basis that "Even though defendant KAWEAH is a public entity, plaintiff was not aware of this fact when he was employed by defendant KAWEAH. Here, defendant KAWEAH did not inform plaintiff that it was a public entity and should be estopped from alleging that it is a public entity." (First Amended Complaint ("FAC") at 3:4-26.) Plain...

Excerpt: ...4.72 against Respondents Auto MD of Visalia Inc. and Darrin Woodbridge arising out of a written agreement entered into by the parties on or about March 24, 2022. (Petition 1, 3b, 4; Attachment 8(c).) Specifically, the dispute subject to arbitration involved Respondent's Breach of the Future Receipt Sale Agreement wherein the parties agreed that Petitioner would purchase $37,000 worth of future receivables for $25,000 from Respondents, but that Re...

Excerpt: ...ts Advanced Mechanical Engineering Corp. ("AME") and Frank Hinojos Ill (collectively "Defendants") breached the Temporary Staffing Services Agreement ("TSSA") with Plaintiff Definitive Staffing Solutions, lnc ("Plaintiff" or "DSS") dated January 30, 2018, wherein DSS agreed via the TSSA to provide AME with temporary employees to assist with its industrial constructon business and pay employees provided, and AME agreed to pay DSS the amounts invoi...

Excerpt: ...rtment 7. Plaintiffs Jeremy Andrew Hernandez, Nayeli Lopez Quezada, Xionna Hernandez And Kianna Hernandez, 80th Minors, by and through Nayeli Lopez Quezada ("Hernandez Plaintiffs") in VCU294376 move this Court to consolidate their case with VCLJ294488 on the basis that these cases involve the same multi-vehicle accident. The Hernandez Plaintiffs Matter - VCU294376 In the Hernandez Plaintiffs Matter, VCU294376, the Hernandez Plaintiffs have sued D...

Excerpt: ...le (VCT), Visalia Tile (VT) and American Ceramic Tile & Supply (ACT) alleging various wage and hour claims. Plaintiffs further allege defendants' business practices violated Business and Professions Code section 17200. Plaintiffs seek relief against all defendants on all their claims. Plaintiffs allege all defendants were each a "joint employer" of plaintiffs and, together, constitute a "joint enterprise," and are, therefore, jointly and severall...

Excerpt: ...ance with the remaining provisions of section 473(b) as to the of a proposed answer. This unlawful detainer matter, filed April 27, 2023, involves property located at 720 East Worth Ave Space 14, Porterville, California 93257 ("Subject Property." ) (Complaint 94.) Defendant and moving party Pascal Garcia was served via personal service on May 1, 2023. On May 9, 2023, this Court entered default as to Defendant Pascal Garcia. On May 23, 2023, Defen...

Excerpt: ...t the May 9, 2023 hearing, permitted a supplemental declaration by Plaintiff to be filed in support of this petition. The Court has reviewed the declaration and notes its contents below. Plaintiff seeks relief from the claim presentation requirement via this Petition as to her complaint for wrongful death based on medical malpractice and survival achon based on negligence. The Petition states that Decedent Kathryn Gress died on August 27, 2021. (...

Excerpt: ...arris Road Springville, California 93265 ("Subject Property"), the Court held trial on May 16, 2023, granted judgment for possession for Plaintiff after trial, cancelled the rental agreement, issued the writ immediately, and awarded $3,896 to Plaintiff. The writ of possession was issued May 17, 2023. Defendant Scott now brings this ex parte motion to vacate the Court's judgment and stay execution of judgment. In support, Defendant states she did ...

Excerpt: ...dence OPCO LLC and Providence Group of California LLC. Specifically, the complaint alleges "Defendant failed to: (1) protect MR. TROY from health and safety hazards (3) [sic] provide necessary care and protection in light of his vulnerable condition and his inability to care for his own needs; (4) provide medical care for physical and mental health needs; (6) create and update an adequate plan of care to protect MR. TROY given the COVID-19 outbre...

Excerpt: ... FCA US LLC (2020) 53 Cal.App.5th 486. 80th cases are appellate decisions. Authority and Analysis "When an application for an order has been made to a judge, or to a court, and refused in whole or in part, or granted, or granted conditionally, or on terms, any party affected by the order may, within 10 days after service upon the party of written notice of entry of the order and based upon new or different facts, circumstances, or law, make appli...

Excerpt: ...fornia Edison (SCE) "for state highway purposes." Caltrans seeks to acquire a portion of a parcel and an adjacent temporary easement on the same parcel for construction purposes. Caltrans moves for prejudgment possession under Code of Civil Procedure section 1255.410. SCE objects to the motion, contending the proposed taking will adversely impact the capacity of a drainage basin maintained for the benefit of the city of Tulare (for stormwater dra...

Excerpt: ...Subject Vehicle was manufactured and delivered to Plaintiff with a defective transmission. (First Amended Complaint ("FAC") "4, 11.) This action was filed August 11, 2022. Relevant here to Defendant's demurrer and motion to strike as to the fourth cause of action for fraudulent concealment, Plaintiff alleges that GM is "responsible for the distribution, service, repair, installation, and decisions regarding GM's Hydra-Matc 8L90 transmission or Hy...

Excerpt: ...nued to June 13, 2023; 8:30 am; Dl. Plaintiff filed this action for disability discrimination and other FEHA and Labor Code violations, including wage and hour violations on December 5, 2022 against Defendant Henry A Garcia Dairy. The proof of service filed December 16, 2022 indicates that substitute service was made on December 13, 2022 by delivery to Teresa Garcia and mailed to 12521 Avenue 200 Tulare, CA 93274-9035, Defendant's address. On Mar...

Excerpt: ...re payable within 30 days of notice of this ruling; Defendants to give notice. This is a dental malpractice case. Defendant Fareid Dental Corporation dba Packwood Creek Dental and Defendant Bevan Fareid, D.D.S. ("Moving Defendants) have yet to receive discovery responses from Plaintiffs, despite obtaining this Court's order compelling such responses thereto and for monetary sanctions. Moving Defendants now seek terminating sanctions in addition t...

Excerpt: ...her name and described as 30-40 years old, female, black hair, five foot three inches, 140 pounds and Hispanic. A registered process server made service in this manner according to the proof of service. The summons, complaint and other initiating case documents were then mailed to Defendant at the same address. Default was entered in the amount of $3,586.67 on July 11, 2007. The Judgment was renewed on July 12, 2016. In 2018, the Judgment was ass...

Excerpt: ...rty located at 707 N. Newcomb St. #64 Porterville CA 93257 ("Subject Property"). This isa three day notice to pay rent or quit matter. Per diem rent is noted in the complaint at $19 per day. Defendant Buenrostro was served via personal service of the complaint on April 7, 2023. On May 4, 2023, judgment was entered for possession and for damages in the amount of $7,434 inclusive of past due rent, holdover damages and costs. On May 5, 2023, the wri...

Excerpt: ...involves a residence located at 565 S. Walnut #A Porterville, CA 93257 ("Subject Property"). This is a three day notice to pay rent or quit matter. The notice was served April 9, 2023 and this action as filed April 20, 2023. The proof of service filed May 5, 2023 indicates that Defendant Brady was served with the summons, complaint and other required documents via personal service by a California Sheriff on May 1, 2023. On May 9, 2023, default wa...

Excerpt: ...ulting from alleged sexual abuse suffered by Plaintiff from 1994 to 2000 while Plaintiff was a minor. Plaintiff was born in 1990 and is not over 40 years old when this action was commenced. On April 14, 2023, Plaintiff filed this motion to "seal Plaintiff Jane Roe's Application to Proceed in Fictious Name." Plaintiff has filed a redacted declaration of counsel "in support of motion re: application to proceed in fictious name and seal certificates...

Excerpt: ... been established as to either Subject Vehicle and is inclined to grant the injunction. Background Facts This matter involves the possession of two vehicles, a 1963 Chevrolet Impala and a 1988 Cadillac Fleetwood (collectively "Subject Vehicles"), by Defendants Robert Escalera, individually and doing business as Kustom Kreations. Plaintiff's complaint alleges he is the legal owner of the two Subject Vehicles and provided them to these Defendants f...

Excerpt: ...Class Members, providing a proposed estimated average payout of $4,233.28 per member. The Class Members consist of: All non-exempt employees who worked for Defendant in California from May 23, 2017 to March 20, 2023. Via the first amended complaint, Plaintiff brings claims for (1) failure to pay minimum wages; (2) failure to pay overtime wages; (3) failure to provide meal periods; (4) failure to permit rest breaks; (5) failure to reimburse busine...

Excerpt: ...17 per month that was eventually set at $725 a month as of December 1, 2020. (Complaint at 96.) On March 22, 2023, Plaintiff caused a three-day notice to pay rent or quit ("Notice") to be served by posting and mailing, as well as via substitute service. The Notice indicates past due rent of $725 per month for the months of April 2022 through March 2023, with rent being due on the first of each month. (Complaint "1 6, 9.) The Notice provides the 2...

Excerpt: ... "First Martinez Acton"). In the First Martinez Action, Plaintiff alleges that Saputo violated the California Labor Code based on alleged failure to pay minimum, straight time, and overtime wages, failure to provide meal and rest periods, failure to pay all earned wages twice per month, failure to maintain accurate records, failure to timely pay final wages at termination, failure to furnish accurate itemized wage statements, and failure to indem...

Excerpt: ...as to the status of the deposit. The Court does not intend to set a final approval hearing of this settlement until the funds are fully deposited. 1. Sufficiency of Amount of Settlement (Proposed Net Estimated: $211,000) The gross settlement amount is $350,000. Plaintiff estimates approximately 37 proposed Class Members, providing a proposed estimated average payout of $5,700 per member. The Class Members consist of: "All non-exempt dairy workers...