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: ... 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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ... 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: ...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: ...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: ...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: ...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: ...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: ... 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: ...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 ...