Excerpt: ... August 15, 2023, this is an action for eminent domain where the State, acting through the Department of Transportation (“Plaintiff”) seeks a partial acquisition of approximately 2.60 acres or 113,256 sf of fee simple interest, to include 0.91 acre/39,802 sf in fee (Parcel 88192-1), 0.02 of an acre/796 sf in fee (Parcel 88192-2), and 1.67 acres/72,745 sf in fee (Parcel 88192-3) Caltrans also seeks to acquire 0.34 of an acre/14,817 sf of under...

Excerpt: ...intends to adopt its tentative ruling originally issued January 26, 2024, as set forth below: The Court intends to overrule the demurrer on the abatement argument, to sustain the demurrer with leave to amend as to the first, second, third, fifth and sixth causes of action on the standing argument, to provide Plaintiff ten (10) days from this hearing to file an amended complaint as to standing and to overrule the demurrer as to the fourth cause of...

Excerpt: ...purchase of undeveloped real property form Defendants subject to a number of agreements and assignment of the rights under 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, for a parcel o...

Excerpt: ...ion for relief from default. In support, Defendant checks the box for inadvertence and oversight, states alleged meritorious defenses, states “I did not understand that I had to respond to the Plaintiff's papers in five days…” Notice appears properly made to Plaintiff's attorney via voicemail. Authority and Analysis As to the motion for relief from default judgment, it must be made within a reasonable time, not to exceed six months, after t...

Excerpt: ... be made at any time after the answer is filed upon giving five days notice.” (Code Civ. Proc., § 1170.7.) Castellanos served her pleadings in support of the motion on Friday, January 26, 2024, five days (three court days) ahead of the date set for hearing and for trial. Defendant's motion Castellanos contends plaintiff inaccurately stated the amount of rent due in his notice to pay rent or quit and that the notice was, therefore, defective. C...

Excerpt: ...e County resulting in the deaths of plaintiff's wife, Elizabeth Montes Lopez Paola, and two young children, Jorge Arafat Alvarado Montes and Dorian Santino Alvarado Montes. In the initial complaint filed July 2, 2021, plaintiff sued Roberto Barron Vejar, the alleged driver of the vehicle involved in the accident; Adelmira Sanchez, who allegedly owned and entrusted the vehicle to Vejar; and fictitiously named “Doe” defendants “1 to 50.” On...

Excerpt: ...he same evidentiary issues identified below, was made by Defendant on demurrer. The Court overruled the demurrer. Defendant answered the complaint on January 22, 2024. Defendant thereafter filed this motion for judgment on the pleadings. The complaint attaches a three day notice (“Notice”) (Exhibit 2) and proof of service thereof (Exhibit 3) that indicates service of the Notice was made to Defendant personally and by posting and mailing to th...

Excerpt: ...intiffs presented the Subject Vehicle to GM's authorized repair facility on four (4) different occasions. Plaintiff filed this lawsuit in August 2020, alleging violations of the Song-Beverly Act, breach of express and implied warranties and fraud by omission. The matter resolved for $17,500 (the approximate amount equivalent to a repurchase under the Act) plus recovery of attorneys' fees and costs pursuant to this noticed motion. Plaintiff notes ...

Excerpt: ... attaches the Notice as Exhibit 2 and the proof of personal service on both Defendants as Exhibit 3. The Notice names the Defendants, states the address of the Subject Property, states an amount of rent due as $770, states the time, manner and place of payment of rent via Plaintiff's attorney and its office, provides three days to bring the rental amount current and is executed by the Plaintiff's trustee. The Notice was served personally on Decem...

Excerpt: ...fendant to pay $6,000 by January 8, 2024, $1,000 by January 12, 2024, $5,200 by February 3, 2024, $423.50 by February 28, 2024 and $423.50 by March 30, 2024. Defendant also agreed to pay March 2024 rent when due. On January 11, 2024, Defendant Þled this ex parte motion to “set aside default.” The motion appears to seek to set aside the stipulation. Defendant states, “didn't thoroughly understand” and appears to indicate that some payment...

Excerpt: ...urth cause of action. Facts Plainti
¯ Rosa Madrid “individually and as representative of the ESTATE OF FRANCISCO PONCE, JR. and the heirs of the ESTATE OF FRANCISCO PONCE, JR” Þled this complaint on April 5, 2023, as to the treatment and death of her son while in custody as a prisoner. (Complaint ¶5.) Plainti
¯ alleges the following causes of action: 1. Deliberate Indi
¯erence to Serious Safety Needs - 8th and 14th Amendment (42 U.S.C. �...

Excerpt: ...luding this complaint, at least two others have been Þled in Tulare County under Case No. VCU297757 (Plainti
¯ Fernando Murillo), and Case No. VCU296678 (Plainti
¯ Satnam Singh.) (Initial Declaration of Waghalter ¶2.) Additionally, another Plainti
¯, Rebecca McCormick, has Þled a lawsuit regarding the above incident in Los Angeles County, under Case No. 23SMCV04034 (the Los Angeles Action.) (Initial Declaration of Waghalter ¶2.) Defendant,...

Excerpt: ...ication was Þled by Anthony Longabordo on October 16, 2023. The Court's Þle contains no other opposition to this motion. The Court's Þle contains a reply timely Þled January 3, 2024, and objections to the declaration of Longabardo declaration Þled January 5, 2024. Material Facts The complaint initially Þled in Case No. VCU285270 by Plainti
¯ PaciÞc Properties Sales & Management, Inc. seeks declaratory relief based upon a written document ...

Excerpt: .... On January 20, 2023, the Court held a Case Management Conference in this action and set a trial date for November 6, 2023. First Application to Continue Trial On July 7, 2023, Plainti
¯ Þled an ex parte application to continue trial. The basis for this Þrst application appears to center on extensions in May 2023 for discovery responses by Defendants Magana and Camacho. Additionally, “Plainti
¯'s learned defense counsel had encountered sig...

Excerpt: ...es is beyond the time prescribed for hearing and service under Code of Civil Procedure section 473c. Defendant seeks an order shortening time to permit Defendant to Þle and serve its motion by January 12, 2024 and for the hearing on to take place on March 18, 2024. Defendant seeks to shorten the 75- day notice period under Code of Civil Procedure section 473c(a). The moving declaration states: “Amazon respectfully requests an Order Shortening ...

Excerpt: ...in the performance of certain dental implant treatment. As to the third cause of action for fraudulent misrepresentation, Plaintiff seeks "reasonable attorneys' fees and costs" and on all causes of action "for attorneys' fees authorized by law." The first amended complaint also states: "14. The actions of Defendant Redwood Family Dentistry and its associated dentists, particularly Dr. Jessy Malli, D.D.S., constitute a clear violation of the Calif...

Excerpt: ... schedule: Defendant agrees to pay Plaintiff a minimum of $200.00 due on or before 5/31/2023, then a minimum of $200.00 due by the 30th day of each and every month thereafter beginning 6/30/2023, until Defendant has paid the total judgment amount. The stipulation also prov-des that Defendant agrees to pay any first appearance fee should Plaintiff file the stipulation. The stipulation does not provide for any other costs. Defendant made two initia...

Excerpt: ... the hearing were made by either party and the Court sent notice of its ruling by mail the same day. On December 7, 2023, Defendant moved this Court ex parte to dismiss the matter for failing to timely amend the complaint. The Court then set this matter for noticed moton on January 4, 2024 date. The Court then continued the matter to this date and is hearing this motion simultaneously with the moton to expunge lis pendens. Defendant states that t...

Excerpt: ...ms pending arbitration. Background Facts In this matter, Plaintiff, on behalf of himself and other persons similarly situated, brings various causes of action for violations of California's Labor Code and unfair competition laws on a class wide basis, and for violations of the Private Attorneys General Act (PAGA). Plaintiff has named as defendants Shannon Bros. Co and SBC U)gistics, Inc. Defendants, collectively, move for an order compelling arbi...

Excerpt: ...aintiffs presented the Subject Vehicle to GM's authorized repair facility on three (3) different occasions. Plaintiff filed this lawsuit in June 2020, alleging violations of the Song-Beverly Act, breach of express and implied warranties and fraud by omission. The matter resolved via settlement and Plaintiffs move for recovery of attorneys' fees and costs pursuant to this noticed moton. Plaintiff notes that it engaged in what the Court considers t...

Excerpt: ...d the Subject Vehicle to GM's authorized repair facility on four (4) different occasions. Plaintiff filed this lawsuit in August 2020, alleging violations of the Song-Beverly Act, breach of express and implied warranties and fraud by omission. The matter resolved for $17,500 (the approximate amount equivalent to a repurchase under the Act) plus recovery of attorneys' fees and costs pursuant to this noticed motion. Plaintiff notes that it engaged ...

Excerpt: ...of filing, was represented by counsel and is the only remaining Plaintiff. The Court, on December 4, 2023, entered an order granting withdrawal by Plaintiff Marcelino's now former counsel. The underlying basis for the withdrawal was that former counsel had lost contact with Plaintiff Marcelino, that efforts, including the use of a private investigator, revealed that Plaintiff Marcelino has likely left the country. The last known address was "1684...

Excerpt: ...ack of a reply brief) the day before, January 7, 2024. Pursuant to the rules noted above and the Court's website, "any party opposed to the tentative ruling must notify the court and other parties by 4:00 p.m. today of their intention to appear for oral argument." The Court did not receive a timely request for oral argument from Defendant. The Court received a request for oral argument at 4:54 pm on Friday, January 5, 2024 from Defendant. The Cou...

Excerpt: ...his Court to deem admitted requests for admissions, set one, numbers 1 through 11. On October 30, 2023, the Court adopted its tentative ruling, deeming admitted the truth of each matter specified in requests for admissions numbers 1 through 9. These requests, now admitted, are as follows: "1. Arnulfo Jimenez had a credit account number 1531. 2. Credit account number 1531 was issued to Arnulfo Jimenez by SYNCHRONY BANK. 3. Arnulfo Jimenez received...

Excerpt: ...ass action and PAGA settlement, attorneys' fees, costs, enhancement award, LWDA payment and class certification for settlement purposes came on for hearing on January 18, 2024. The court finds and rules as follows: On July 18, 2023, the settlement administrator, IYLM, received a mailing list of 276 potential class members from Defendant's counsel with names, contact information, social security numbers and relevant employment information. This in...

Excerpt: ...e basis of an improperly served three day no
Ÿce. The Court, on January 9, 2024, overruled the demurrer and expressly ordered Defendant to Þle an answer no later than Þve days from the date of the hearing. Instead, Defendant, on January 11, 2024, Þled an un
Ÿmely mo
Ÿon for judgment on the pleadings in contraven
Ÿon of the Code of Civil Procedure and this Court's order. Code of Civil Procedure sec
Ÿon 438(f)(2) authorizes the Þling of a ...

Excerpt: ... modify all references to 1981 to "from 1984 to 1986." Plaintiff states that upon review of her foster care records, it was discovered that Plaintiff was a dependent of Defendants from 1984 to 1986 and Plaintiff was placed by Defendants in a foster care home located in the County of Tulare in 1984. (Declaration of Kelly 96.) However, the Court has never authorized the substitution of the fictious name Doe 1 for the true name of Doe 1. The Court's...

Excerpt: ...l malpractice that accrued August 16, 2022. The petition states that on August 16, 2023, Petitioner applied to Defendants Sierra View Local Health Care District, Tulare County, City of Porterville, and State of California for permission to file a late claim under Government Code section 911.4. No presentation of claim had occurred as to any Defendant under Government Code secton 911.2. The City of Porterville denied the application on September 6...

Excerpt: ...e Subject Property's prior owner. (Complaint he complaint then alleges that Plaintiff purchased the Subject Propertyon March 3, 2023, and that "The defendant signed a rental agreement with a rent amount of $975.00 per month." (Complaint 96.) The complaint thereafter attaches a written lease agreement dated July 1, 2023. (Complaint — Ex. 1.) Defendant Castellanos argues that the complaint is rendered uncertain by pleading that the agreement to r...

Excerpt: ...serve the amended answer and file a proof of service thereof pursuant to Code of Civil Procedure. (2) To grant the moton with leave to amend; Cross-complainant Ernestine shall have ten (10) days to file an amended cross-complaint addressing the issues noted below; Ernestine is further ordered to serve the amended cross-complaint and file a proof of service thereof pursuant to Code of Civil Procedure. (3) To grant the motion with leave to amend; C...

Excerpt: ...f Police of Visalia Police Department. The subpoena seeks documents produced on November 15, 2023 to Plaintiff as deposition offcer. The subpoena is directed to Defendant Fahoum personally. The subpoena seeks: "Any and All documents that refer to, relate to or reference the employment of Luma Fahoum with Visalia Police Department including but not limited to her personal file, payroll records, contract, agreements, emails, medical record, benefit...

Excerpt: ...023, served Form Interrogatories — General, Set One, Form Interrogatories — unlawful Detainer, Set One, and Requests for Admission, Set One on Defendant Tovar via overnight delivery. No responses have been received as of the date of filing of this motion. Trial (and this motion) was initially set for January 2, 2024. Defendant was served personally with this moton pursuant to the filed proof of service. 80th trial and this motion were continu...

Excerpt: ...ffirmative defense. Defendant seeks to compel arbitration based upon an arbitration agreement that appears to be part of Plaintiff's onboarding upon hiring. "On petition of a party to an arbitration agreement alleging the existence of a written agreement to arbitrate a controversy and that a party thereto refuses to arbitrate such controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines th...

Excerpt: ...alifornia, LLC and Providence Group, Inc. for negligence, elder abuse, violation of the Health and Safety Code section 1430(b) and wrongful death. On or about March 21, 2023, Decedent was admitted as a resident at a skilled nursing facility operated by Defendants for multiple medical conditions. (Complaint 913.) The complaint further alleges that Decedent suffered a fall at the facility on April 5, 2023, which in turn caused a leg wound that deve...

Excerpt: ...roof of service thereof (Exhibit 3) that indicates service of the Notice was made to Defendant personally and by posting and mailing to the address of the Subject Property. Defendant demurrers on the basis that he does not receive mail at the Subject Property address and therefore did not receive proper service of the Notice on which this complaint is based. However, this factual issue regarding receipt of mail is supported by a declaration of De...

Excerpt: ...but a different date of birth. (Complaint — Attachment.) Plaintiff alleges he tested positive for COVID-19 on July 20, 2022 and was sick for approximately 14 days. (Complaint — Attachment.) Plaintiff names the Deputy District Attorney, Kalina Laleva, as the sole defendant in this matter, alleging that Defendant Laleva, was the prosecuting attorney who caused the transfer to occur. (Complaint — Attachment.) Plaintiff's form complaint checks ...

Excerpt: ...lt Pretrial Facility. Plaintiff seeks $888 billion dollars in compensatory damages as well as a number of requests for injunctive relief to providing clean drinking water, firing certain employees, and other relief. Defendants demurrer on the basis that the complaint fails to allege compliance with the presentation requirements of the tort claims act and that they are immune under Government Code section 844.6. Authority and Analysis The purpose ...

Excerpt: ... to deem admitted requests for admissions, set one, numbers 1 through 11. On October 30, 2023, the Court adopted its tentative ruling, deeming admitted the truth of each matter specified in requests for admissions numbers 1 through 9. These requests, now admitted, are as follows: "1. Arnulfo Jimenez had a credit account number 1531. 2. Credit account number 1531 was issued to Arnulfo Jimenez by SYNCHRONY BANK. 3. Arnulfo Jimenez received periodic...

Excerpt: ...y to calculate the lodestar figure and information as to the presently incurred costs. Such supplemental documents were filed December 22, 2023. Class Notice The settlement agreement provides no claim form will be required of class members to participate in distributions. Only those wishing to object or opt out must file notce with the settlement administrator. Objections or opt-out notices are to now to be made within 60 days. The Court regularl...

Excerpt: ...by Anthony Longabordo on October 16, 2023. The Court's file contains no other opposition to this motion. The Court's file contains no reply brief. Material Facts The complaint initially filed in Case No. VCU285270 by Plaintiff Pacific Properties Sales & Management, Inc. seeks declaratory relief based upon a written document attached as Exhibit A to the complaint (the "Purported Lease.") (UMF Nos. 1, 2.) The real property to be conveyed under the ...

Excerpt: ...lawful detainer statutory scheme and then later amended and entered on January 26, 2015, to include past due rent, holdover damages, attorneys' fee and costs in the amount of $5,212.20. On May 7, 2015, a claim of exemption hearing was held regarding garnishment of Defendant's wages capped at $150 per month and attended, in person by Defendant. Evidently, the money judgment went unsatisfied. On March 28, 2023, Plaintiff filed an application to ren...

Excerpt: ...days from the date of this hearing. This is a collections case filed by Plaintiff for open book account against Defendant Bohde. Plaintiff filed a proof of service indicating personal service occurred on April 1, 2023 as to Defendant Bohde. Default was entered May 22, 2023. Default judgment was entered October 2, 2023. On November 13, 2023, Defendant, through counsel, filed this motion for relief from default judgment. Counsel has filed a declara...

Excerpt: ...tion 404 and rule 3.524, to determine if the two matters are complex and, if so, whether coordination is appropriate. The operative complaint in the first case filed, Mitchell v. Ray A. Morgan Company, LLC, et al., VCU292052 (the "Mitchell Case"), filed November 17, 2021, contained both class acton and PAGA claims and was initially filed in Los Angeles County and designated complex by the Los Angeles Superior Court. The parties in this matter sti...

Excerpt: ...") was purchased from GM's authorized dealer. (Third Amended Complaint ("TAC") Plaintiff further alleges the Subject Vehicle was manufactured with a defective transmission. (TAC 923.) "GM knew since prior to Plaintiff purchasing the Subject Vehicle, that the 2021 Chevrolet Silverado 1500 vehicles equipped with the same transmission are defective, contained one or more defect(s) to the transmission which may result in hesitation on acceleration, l...

Excerpt: ...3 and provided the address of "30990 Hwy 190 Porterville, CA 93257" which appears to be the same address of the property at issue in this matter "30990 Highway 190, White Cabin, Porterville, CA 93257." The Court held trial on December 12, 2023 and granted judgment for possession and $3,675 for Plaintiff. Defendant did not appear at trial. The writ of executon was issued on December 12, 2023. Defendant Cribbs states brings this motion under Civil ...

Excerpt: ...fendant 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 and indicating 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 Packing, Inc. filed on August ...

Excerpt: ...e appointment of a shared cost discovery referee. This is a wrongful death and negligence case involving a pedestrian being struck by a motor vehicle operated by Defendant Santana. On November 29, 2023, Defendant City of Dinuba filed an ex parte application seeking permission to file concise statements of disputed discovery as to four (4) anticipated motions to compel further discovery served on Plaintiffs. The Court set this motion for hearing. ...

Excerpt: ...ne on Defendant Tovar via overnight delivery. This motion was filed December 28, 2023. No responses has been received as of the date of filing of this moton. Trial is set for January 2, 2024. Defendant was served personally with this moton pursuant to the filed proof of service. Authority and Analysis Responses to interrogatories and requests for admissions are due within five days after service. (Code Civ. Proc. SS 2030.260(b), 2033.250(b).) Ser...

Excerpt: ...for trial preference under Code of Civil Procedure section 36 and initially sought to have trial set in six months from this hearing. No opposition has been filed to this motion. The reply now indicates the preferred trial date is in August 2024. Authority and Analysis Code of Civil Procedure section 36(b) specifically provides: "A civil achon to recover damages for wrongful death or personal injury shall be entitled to preference upon the motion...

Excerpt: ...ally, no statement of compliance with Tort Claims Act as to the timely presentation of this presumed tort claim has been stated on the form complaint utilized. Defendant has demurred to the complaint on these grounds. Authority and Analysis The purpose of a demurrer is to test whether a complaint "states facts sufficient to constitute a cause of action upon which relief may be based." (Young v. Gannon (2002) 97 Cal.App.4th 209, 220. To state a ca...

Excerpt: .... Nelson were substituted as counsel June 19, 2017. Parties appeared on July 27, 2017. Petitioner's counsel sought a continuance of the petition, which the Court denied and took the matter off calendar. Since that appearance, no action has been taken on this matter. On October 30, 2023, the Court set an OSC re: lack of prosecution and for sanctions addressed to: "ANGELICA ANGUIANO LAW OFFICES OF MARK S. NELSON 215 MCHENRY AVE MODESTO, CA 95355" C...

Excerpt: ...on's (Boston) moton for a protective order concerning this same subpoena. The court deemed Boston's request for an absolute bar against further discovery overbroad. Because the background of this discovery dispute was covered during the prior motion, it is not fully recounted again here. With the motion now at issue, the court is occasioned to determine a significantly narrower matter than the blanket discovery bar presented by Boston's motion. H...

Excerpt: ...(IJMF No. 2.) Plaintiff alleges Defendant breached the standard of care in (1) his treatment of Plaintiff by refusing to admit her when she presented to the emergency department; (2) in his treatment of her when she was admitted; (3) by refusing to care for her after she was admitted; and (4) when he discharged her after concluding treatment. (IJMF No. 3.) Defendant submits that his expert, Scott P. Serden, M.D, based on his knowledge, education,...

Excerpt: ... involve litigation of custody and visitation involving their two minor children. The court takes judicial notice that there has been substantial litigation activity in the family law case. Jonda and Jennifer Salmon were once long-time friends. Now they are not. Jennifer Salmon and Vernon Avila are now friends. On April 21, 2023, Jonda wentto Vernon's home and Jennifer was there. Jonda maintains that Vernon had refused to take their children to s...

Excerpt: ...mplaint for negligence involving a motor vehicle accident between Plaintiffs and Defendants Kelley and T & T Trucking and Crane (really Offshore Crane and Service Co. dba T&T Truck and Crane Service.) Plaintiffs allege that Defendant Kelley operated a tractor trailer owned by Defendant Offshore which crossed into Plaintiffs' lane too close to Plaintiffs and without suffic:ient speed or acceleration, causing Plaintiffs to steer their vehicle to th...

Excerpt: ...matter pursuant to this continuance. Undisputed Material Facts Plaintiffs April Franks, Gary Franks, Jr., and Jessica Alvarez ("Plaintiffs") allege Defendants Julia Nagle, P.A. and CEP America-California ("Defendants") provided negligent medical care to Plaintiffs' 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 Jan...

Excerpt: ... and information as to the presently incurred costs. On December 1, 2023, Plaintiff's counsel filed additional declarations as to these issues. Attorneys' Fees and Costs Attorneys' fees of 35% of the gross settlement fund of $585,000 or $204,750 and costs not to exceed $20,000 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 reasonab...

Excerpt: ...herein judgment was entered for possession only. The writ of possession was issued December 5, 2023. Defendant, on December 7, 2023, filed this ex parte motion to stay the execution of the writ of possession. Defendant states, as to hardship, one son living with her, zero monthly income (employment pending) and appears to state that she did not receive notice of the trial because the landlord has locked her mail and that she was in the hospital f...

Excerpt: ...ornia. There were approximately 36 passengers on the bus. Including this complaint, at least two others have been filed in Tulare County under Case No. VCLJ297757 (Plaintiff Fernando Murillo), and Case No. VCU295678 (Plaintiff Satnam Singh.). (Declaration of Waghalter 92.) Additionally, another Plaintiff, Rebecca McCormick, has filed a lawsuit regarding the above incident in Los Angeles County, under Case No. 23SMCV04034 (the Los Angeles Action.)...

Excerpt: ...; (ii) failure to provide meal periods and paid rest breaks; (iii) failure to pay all overtime hours worked; (iv) failure to timely pay wages; (v) failure to provide accurate itemized wage statements; (vi) unfair competition; and (vii) willful misclassification. On March 7, 2022, an amended complaint was filed adding Plaintiff Gonzalo Silva as a party, but leaving unchanged the allegation that the wage and hour violations occurred when CVT had pl...

Excerpt: ...ent purposes came on for hearing on December 7, 2023. The Court finds and rules as follows: On November 13, 2023, the settlement administrator IYLM Group, through its Case Manager, filed a declaration detailing the following events. On June 30, 2023, the administrator received a mailing list of 157 potential class members from Defendant's counsel with names, contact information, social security numbers and relevant employment information. On Augu...

Excerpt: ... located at 1114 Martin Luther King Jr Ave., Unit 1114B, Tulare, California 93274 ("Subject Property") resulting in a bed bug infestation. Plaintiffs allege eight causes of action, including, relevant here, the seventh cause of action for violation of Business and Professions Code 17200 and for punitive damages. The complaint alleges that around December 2022, Plaintiffs rented and moved into the Subject Property and immediately notified Defendan...

Excerpt: ...departments and employees as defendants (collectively, the "State Defendants") in the First Amended Complaint: 1. The Department of Justice (DO]), Attorney General Rob Bonta, Supervising Deputy Attorney General (SDAG) Andrew Steinheimer and Deputy Attorney General (DAG) Anahita Crawford; 2. The Medical Board of California (Medical Board or MBC); 3. The Department of Consumer Affairs (DCA), Investigator Ryan Blonein and Investigator Jorrell Abutin...

Excerpt: ... and Golden Valley Properties, Dina Flores and Luis Flores (collectively "Flores" ) The Flores demurrer to each cause of achon for failure allege suffcient facts to state a cause of action and for uncertainty. The Woods filed a demurrer joining the Flores demurrer. Second through Tenth Causes of Action Though Defendants collectively demurrer to all ten causes of action in Flores' notice of demurrer, the Court notes at the outset that Defendants F...

Excerpt: ...ation of Labor Code section 6310. On May 10, 2023 and June 5, 2023, Defendant communicated with Plaintiff, through counsel, as to Plaintiff's availability for deposition. No response as to Plaintiff's availability for deposition was received. On August 10, 2023, Plaintiff was served with a notice of deposition, setting the deposition September 13, 2023 at 9:00 am. Plaintiff's response indicated a lack of availability for that date and a request t...

Excerpt: ...of care, these moving defendants also argue that Plaintiff added them to this achon beyond the permissible statute of limitations under Code of Civil Procedure section 340.5. Material Facts On March 24, 2022, Plaintiff filed her Complaint in Tulare County Superior Court alleging one cause of action for Negligence against Adventist Health Tulare; Matthew Tate, P.A.; and William R. Burge, M.D. (Undisputed Material Fact ("UMF") Nos. 1:1, 1:15.) (The...

Excerpt: ...ngs, LLC dba Westgate Gardens Care Center ("Defendant Westgate") and Providence Administrative Consulting Services, Inc.'s ("Defendant Providence") skilled nursing facility. Plaintiff David Jones, through Linda, brings a causes of achon for violation of the Elder and Dependent Adult Civil Protection Act, for negligence and willful misconduct, and for violation of the Patent's Bill of Rights. Plaintiffs Linda and Lindsay Jones individually bring a...

Excerpt: ...posed Class Members, providing an average proposed payout of The Class Members consist of: All current and former nonexempt California employees of Saputo employed at any tme from May 27, 2015 through and including March 30, 2023. On May 27, 2020, Plaintiff filed a class action against Saputo. This case was removed July 24, 2020. On August 5, 2020, Plaintiff filed a PAGA action which was stayed pending resolution of the class acton. (Case No. VCU...

Excerpt: ...2.112. On July 14, 2023, Plaintiff filed the First Amended Complaint alleging two tort-based causes of action against Defendants, and alleging that Plaintiff had filed a simple "complaint form" with the Farmersville Police Department in 2021 in satisfaction of the tort claims presentation requirement. The Court again sustained Defendant's demurrer with leave to amend to permit pleading compliance with the presentation of tort claims requirements....

Excerpt: ...y 2CM, she and her husband obtained a $39,998.78 loan (the "Loan") from lender Assoc:iates Financial Services Company of California, Inc. (Complaint '1 9.) The terms of the Loan are set forth in a Promissory Note ("Note"), and repayment of the Loan is secured by a Deed of Trust (the "DOT") recorded against the Property located at 119 N. Orange Avenue, Exeter, California (the "Property"). (Complaint at Ex. A) In connection with the Loan and DOT, P...

Excerpt: ...rs employees and servants, including the nursing staff and technicians; and (2) vicarious liability forthe negligence of the physicians who provided care to Plaintiff at Sierra View Medical Center. Plaintiff alleges medical malpractice as to the December 5, 2021 failure to remove ectopic pregnancy and follow up care and on December 7, 2021 as to the initial refusal to admit Plaintiff to the emergency room and breach of standard of care when Plain...

Excerpt: ...he Court ordered Plaintiff's individual PAGA claims to arbitration and stayed this matter as to Plaintiff's representative PAGA claims. The parties settled Plaintiff's individual PAGA claims in a separate settlement not contingent upon this action. This settlement is to Plaintiff's representative PAGA claims and, if approved, will resolve all claims in this lawsuit. 1. Sufficiency of Amount of Settlement (Proposed Net Distribution: $135,666.67) T...

Excerpt: ...rike punitive damages under the prayer related to medical malpractice without leave to amend; to find the availability of attorneys' fees as to fraud moot by the ruling on the demurrer providing leave to amend; to grant the motion to strike as to "attorney's fees as authorized by law" without leave to amend as to "all causes of action." (1) Demurrer Plaintiff, alleges moving Defendants Redwood Family Dentistry and Jasjeet S. Malli, D.D.S. were pr...

Excerpt: ...aintiffs shall have ten (10) days to file an amended complaint; (2) To grant the motion to strike as to 1, 2 (Paragraph 145), 7, 8, 9, 10; Plaintiffs shall have ten (10) days to file an amended complaint addressing these issues; to deny the motion to strike as to 2 (Paragraph 159), 3, 6, 11; to find the motion moot as to 4, 5 12. 13, 14 because of the ruling on demurrer permitting amendment to the causes of action involving these paragraphs. (1) ...

Excerpt: .... Plaintiffs filed this matter April 7, 2022. Defendants filed an answer December 2, 2022. Despite Plaintiffs' filing of a case management statement on February 27, 2023 as to the case management conference March 14, 2023, Plaintiffs counsel failed to appear at that case management conference. Therefore, the Court set an order to show cause as to dismissal for May 2, 2023 and continued the case management conference to that date. On May 2, 2023, ...

Excerpt: ...ved Plaintiffs with full and complete responses and objections to their Deposition Notice. GM specifically objected to the notce on grounds that the date of August 29, 2022, had passed. Despite GM's objections, GM agreed to a PMQ for deposition as to Category Nos. 1-2, subject to certain terms, at a mutually agreeable time and place. GM further identified and referred Plaintiffs to the documents which were produced to Plaintiffs in response to th...

Excerpt: ...en settlement agreement. Plaintiff signed the agreement on July 21, 2023. Defendant FCA signed the agreement, through its authorized representative on August 9, 2023. The terms of the settlement are as follows: FCA agreed to make payment to Plaintiff in the amount of $72,011.84; Payment in the amount of $55,457.12 to JPMorgan Chase Bank, N.A., in full satisfaction of the loan (as per the July 22, 2023 payoff); Any overage payments made by Plainti...

Excerpt: ... The parties have filed their supplemental briefs and the Court rules as follows. Pursuant to the complaint filed March 24, 2023, this is an action for eminent domain where the State, acting through the Department of Transportation ("Plaintiff") seeks to acquire 2.56 acres of the 53.29 acres making up Parcel 88193-1 (the "Taking"). On October 13, 2022, at a meeting held in Sacramento, the California Transportation Commission passed and adopted Re...

Excerpt: ...dgment nunc pro tunc for costs in favor of Defendant in the amount of $103,980. On September 11, 2023, the judgment entered August 29, 2023, was served on Plaintiff. On September 26, 2023, Plaintiff filed the notice of intent for new trial. On October 6, 2023, Plaintiff filed the motion for new trial. Though the grounds on which this motion is made are more thoroughly discussed below, Plaintiff asserts generally that the Court's conduct, comments...

Excerpt: ...y 24, 2023, the parties entered into a stipulation to resolve this matter. Defendant acknowledged being obligated to Plaintiff for the principal amount of 7,370.42 and costs of $225.00 and that this amount would be deemed satisfied if the following payments were made: The sum of $461.00 due on or before February 16, 2023, a minimum of I,CM.IW due on or before March 15, 2023, a minimum of $461.[n due on or before the 15th day of each month beginni...

Excerpt: ...nd McDonalds. Tentative Ruling: (1), (2) and (3) —To deny the motions Facts Common to (1) and (2) The Court notes, as an initial matter, that one notice appeared filed in connection with these motions states it is an "application for order to show cause for contempt of court order" by non-parties Tulare County Health and Human Services Subpoena and Altura Centers for Health. A second notice indicates a motion to compel production of documents a...

Excerpt: ... $312,750) The gross settlement amount is $585,000. Plaintiff estimates approximately 157 proposed Class Members, providing an estimated average payout of $1,992.04 per member. The Class Members consist of: "All current and former hourly-paid, non-exempt employees of Defendant who were employed by Defendant in the State of California at any time during the period from September 16, 2018, to October 21, 2023. The operative complaint alleges causes...

Excerpt: ...efendant Kaweah Delta Health Care District's ("Defendant") entity status; (3) limits the claims alleged against Defendant to encompass only direct minimum wage claims under the California Labor Code ; and (4) adds facts related to Defendant's alleged failure to pay all minimum wages due. Plaintiff argues that Labor Code S 2699.3(a)(2)(C) grants Plaintiff the right to amend the complaint as to the above. Plaintiff further argues that Code of Civil...

Excerpt: ...93292 ("Subject Property"). The amended complaint indicates that Plaintiff and Defendant entered into a six-month, fixed term lease that expired. Plaintiff seeks, via this action, to evict a holdover tenant after the expiration of a fixed term "renewal lease agreement, commencing April 1, 2023 and ending September 30, 2023 pursuant to Cuie of Civil Procedure section 1161(1). Defendant demurrers to the amended complaint and argues that Plaintiff's...

Excerpt: ...now seeks to compel arbitration under a clause in the written agreement entitled "ARBITRATION OF DISPUTES" No opposition to this motion has been filed. Facts — Agreement to Arbitrate and Scope It appears undisputed that the parties entered into the aforementioned construction that contains a section "ARBITRATION OF DISPUTES." That section states, in full, the following: ARBITRATION OF DISPUTES written agreement for NOTICE: BY SIGNING IN THE SPA...

Excerpt: ...On November 2, 2023, Counsel for Plaintiff and Plaintiff provided a number of supplemental declarations which the Court has reviewed as indicated below. Notice The notice period, according to the revised settlement agreement is set at 60 days. The Court, therefore, approves the notice period of 60 days. Attorneys' Fees and Costs Attorneys' fees of 33 1/3% of the gross settlement fund of or $133A)O and costs not to exceed are sought by Plaintiffs'...

Excerpt: ... against Defendants Flores Ag Services, Inc. and S.C. Critchley Inc. Defendant Flores seeks to compel arbitration of Plaintiff, to enforce a class action waiver and to stay the representative PAGA claims pending the completion of arbitration. Defendant Critchley joins in this motion. Defendant, in their reply brief, has provided a version of the arbitration agreement at issue in English for the Court to review and analyze. Facts as to Agreement t...

Excerpt: ...d to seal the petition. The Court denied Petitioner's request to seal. The Court's rejection of the order indicated a failure to present sufficient evidence under California Rule of Court, 2.550 of an overriding interest that overcomes the presumed right to public access. An amended application was filed October 18, 2023. Pettioner provides a declaration as to the following facts. Petitioner indicates she is transgender, began her first semester ...

Excerpt: ... vehicle suffered from the ongoing defects, which are widespread, but nevertheless refused to repurchase the vehicle, in willful violation of the Song Beverly Plaintiffs served Requests for Production of Documents, Set One, on GM on August 11, 2023. GM responded on or about September 1, 2023 with unverified responses and served verifications September 6, 2023. The parties appear to have met and conferred, with GM agreeing to produce supplemental ...

Excerpt: ...e motion; (4) To deny the motion. Background Facts Common to (1) and (2) The Court previously granted Dr. Cantrell's special motion to strike and sustained the demurrer with partial leave to amend. As to the Court's special motion to strike ruling, the Court struck causes of action for defamation in its entirety, medical malpractice (as relates to the sending of the small claims pleadings) discrimination (as it relates to the same), retaliation i...

Excerpt: ...World Food & Ag., Inc. and seeks to impose liability against individual defendants Brian Blain, Brody Blain, and Barrett Blain (the Blains) on an alter-ego/veil-piercing theory. The Blains move for summary judgment, or, alternatively, summary adjudication of various matters. In effect, the Blains challenge the City's alter-ego/veil-piercing theory of liability, as it is only by way of that theory that the City's complaint frames any issue of liab...

Excerpt: ...nded complaint; (2) To contnue the motion to expunge based on the demurrer ruling. On February 12, 2007, Plaintiffs executed a promissory note reflecting a loan they obtained from Mortgage Investment Leding Associates, Inc./MERS for $25,500.00 ("Loan"). (Request for Judicial Notce ("RJN"), Exhibit A.) The Loan was secured by a second position junior Deed of Trust ("DOT") encumbering the real property commonly known as 1915 Payan Avenue, Dinuba, C...

Excerpt: ...parable injury in that Defendant resides in the home that Plaintiff seeks to utilize satisfy the judgment, Defendant has numerous animals living on the property, has no other place to live, and lives on social security and food stamps. Defendant seeks a stay under Code of Civil Procedure sections 1176 and 916 and California Rules of Court Rule 8.112 and 8.116. Plaintiff opposes the motion, indicating that even if Defendant is entitled to a stay, ...

Excerpt: ... action, claim, controversy, or any of the issues of fact or law, determined or concluded by the final determination against the same defendant as to whom the litigation was finally determined. This determination was based upon Plaintiff's filing of the present case, VCU296508, involving allegations Plaintiff being assaulted by Tulare County Sheriffs while in custody on February 27, 2011. However, Plaintiff's claims have been finally adjudicated ...

Excerpt: ...y Citibank, who charged off the amount stated herein. (Complaint 97.) Plaintiff alleges that the date of default is July 05, 2017 and the date of the last payment was May 12, 2017. (Complaint 911.) Defendant and the name of the debtor on the Citibank account stated above is alleged as Courtney Garcia. (Complaint 913.) On December 10, 2019, Plaintiff filed a proof of service indicating that Defendant Garcia was personally served at 8:40 pm on Dece...

Excerpt: ...y (30) days from the date of this hearing; to order Plaintiff and his counsel to pay for the use of a court reporter office to attend the deposition remotely only if Plaintiff or Plaintiff's counsel so desires. In this matter, Plaintiff alleges he was injured while working on Defendants' vehicle when the Vehicle rolled down the driveway and struck Plaintiff. Defendants initially served a Notce of Taking Deposition upon Plaintiff for June 20, 2023...

Excerpt: ...ation, San Joaquin Valley College, lnc„ Lynne Hare, and Kristen Berry. Defendants moves to compel arbitration of these matters pursuant to an arbitration agreement it produces with Plaintiff's electronic signature. On #tition of a party to an arbitration agreement alleging the existence of a written agreement to arbitrate a controversy and that a party thereto refuses to arbitrate such controversy, the court shall order the petitioner and the r...

Excerpt: ...sently incurred costs and the notice period. The Court notes that Plaintiffs have filed the Second Amended Complaint on October 24, 2023, as ordered. On October 26, 2023, Plaintiffs filed supplemental declarations addressing the issues noted above. Notice The notice period, according to the revised settlement agreement is set at 60 days. The Court, therefore, approves the notice period of 60 days. Attorneys' Fees and Costs Attorneys' fees of 35% ...

Excerpt: ... filed this complaint alleging a single cause of action against Defendant for premises liability based on a dangerous condition. (UMF No. 3.) Defendant characterizes Plaintiff's Complaint as alleging that Defendant "had failed to barricade the area and/or warn of the dangerous condition, rendering said premises dangerous and resulting in serious bodily injury.„." (UMF No. 4.) Plaintiff disputes this characterization and adds that his complaint ...

Excerpt: ...to Defendant at Defendant's request as to a Home Depot Credit Card containing the last four digits 1281. Plaintiff alleged damages in the amount of $6,330.22. Defendant answered the complaint on June 29, 2023, stating "l know I owe the money..." On August 9, 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 ...