Excerpt: ...h leave to amend; to grant the Court's own motion to strike as to allegations of conduct between the time period of June 18, 2013 and July 15, 2015 and references thereto in in paragraphs 9, 12, 13, 14, 15, 16, 17, 36, 42, and 44 based upon res judicata. Facts Common to (1) and (2) Defendants Pleasant Valley Canal Company, Richard Waller and Roger Patterson (collectively “PVCC”) demur to the operative first amended complaint filed in this mat...

Excerpt: ...ngs; (2) To continue the demurrer to October 17, 2022, to be ruled upon after the consolidation; the Court intends to grant the demurrer as indicated below, after consolidation. (1) Motion to Consolidate Facts Defendant Universal Protection Service, LP (“Defendant”) requests this Court consolidate Plaintiff Charles Williams Olivares' (“Plaintiff”) class action, Case No. VCU291111, and his Private Attorney General Act (PAGA) action, Case N...

Excerpt: ...t during the length of the proposed stay, capped at 40 days. Facts This is an unlawful detainer matter involving 11926 Ave 272 Visalia CA 93277 (“Subject Property”) based upon a thirty‐day notice. On September 8, 2022 the complaint was filed. On September 9, 2022, Plaintiff filed a proof of service indicating personal service on Defendant James occurred on September 8, 2022. On September 19, 2022, default judgment, for possession only, was ...

Excerpt: ...days of this hearing; (2) To continue this motion to October 17, 2022 to permit a supplemental declaration to be filed addressing California Rule of Court 3.1324(b). Facts Common to (1) and (2) This personal injury case involves Plaintiff, working as a cement foreman for Simmons Construction, Inc. (“Simmons”), on a job to create a large pit at Defendant Setton Pistachio of Terra Bella (“Setton.”) Defendant Industrial Design & Construction...

Excerpt: ...ff seeks judicial notice of these admissions and various recorded grant deeds. Defendants Julian Mendez and Hilda Mendez acquired property located at 667 Walnut Street, Pixley, CA (“Subject Property”). (Exhibit C – Requests for Admissions (“RFA”) Nos. 2‐4.) Defendants Julian Mendez and Hilda Mendez transferred the Subject Property into their family trust in April 2008. (Exhibit C – RFA Nos. 5, 6, 7; Exhibit E.) On or about January 2...

Excerpt: ...nsurance Company, State Farm agent Jim Parsley, Sr., and Bank of America. Background As relevant here, Robert alleges as follows: In 2005, Robert's parents, Billy J. and Lois Newsome, drafted separate wills providing for equal distribution of their assets to their three children, which include Robert; Janet; and Billy D. Newsome (who is not the subject of any allegations of wrongdoing). Janet had an attorney draft a trust and new will for Billy J...

Excerpt: ...demurrer as to the third cause of action for breach of contract. Facts On June 21, 2022, Defendant, Cross‐Defendant and Cross‐ Complainant Pacific Properties Sales & Management Inc. (“Pacific”) filed a verified cross‐complaint for unjust enrichment, negligent misrepresentation and breach of contract. The underlying dispute involves the validity of a lease of a private air landing strip and whether the lease is invalid because it does no...

Excerpt: ... of express warranty and violations of building standards against builders Woodside 06N, LP, Woodside Sousa, Inc., Woodside Visalia Il, Inc., WDS GP, Inc. and Woodside 07N (collectively “Woodside”) and seek damages in excess of $75,000 per home. Woodside cross‐complained against a number of cross‐defendants, including moving party Anlin Industries (Doe 202) for comparative negligence, express indemnity, equitable indemnity, contribution, ...

Excerpt: ...al.App. 448, 449, as detailed below. (1) Motion to Change Venue Facts Plaintiff's complaint alleges negligence and medical malpractice against Defendant “Adventist Health Hospital – Hanford, CA.” Defendant Adventist Health Hospital brings this motion to transfer venue to Kings County. In support, Defendant notes its principal place of business is Kings County, the subject incident is not believed to have occurred in Tulare County, Defendant...

Excerpt: ...pointed the Receiver to “take full and complete possession and control of the Nuisance Property [740 East Harvard Avenue, Dinuba, California 93618, Assessor's Parcel Number 017‐243‐008‐000],” and “rehabilitate the Nuisance Property in accordance with the rehabilitation plan approved by this Court and shall bring the Nuisance Property into compliance with all applicable State and local laws,” among other powers (Receivership Order 3:...

Excerpt: ...e moving papers and declarations that are already on file with the court. The hearing on this matter is continued to October 18, 2022 at 8:30 a.m.in Department 7 of this court. 1. Sufficiency of Amount of Settlement (Net Estimated: $249,250) The gross settlement amount is $450,000. Plaintiff estimates approximately 51 proposed Class Members with an average payment of approximately $4,887. The Class Members consist of all “non‐exempt employees...

Excerpt: ...filed this lawsuit in September 2020 against ABLP Properties Visalia, LLC (“ABLP”), ABLP REIT LLC (“ABLP REIT”), Jerry Sanada and Bruce Sanders, amongst other defendants for breach of contract, wrongful foreclosure, fraud, breach of covenant of good faith and faire dealing, slander of title, and intentional interference with prospective economic relationship based upon a loan from ABLP REIT in January 2017. The Court notes Plaintiff Gonza...

Excerpt: ...led this lawsuit against his former employer, Defendant Setton Pistachio of Terra Bella, Inc. Thereafter, Plaintiff filed the operative First Amended Complaint alleging a single cause of action under the Private Attorneys General Act, Labor Code section 2698, individually and on a representative basis, for a number of Labor Code wage and hour violations. Defendant Setton removed this case to the district court and did not initially move to compel...

Excerpt: ...(e). Facts Plaintiff alleges causes of action for discrimination, failure to prevent discrimination, and retaliation against Pixley Union Elementary School District (the “District”), a public entity. Plaintiff was terminated June 9, 2021 and it appears undisputed this is the date of the injury or incident. (Plaintiff's Exhibit A – Government Tort Claim.) Plaintiff seeks monetary damages. Relevant to this petition, Plaintiff submitted his to...

Excerpt: ...of class members to participate in distributions. Only those wishing to object or opt out must file notice with the settlement administrator. Objections or opt out notices are to be made within 60 days. The Court regularly approves notice periods of 60 days or longer. The class notice period is approved. With respect to the content of the Notice, the Court previously found the Class Notice to be reasonable. 2. Enhancement Awards to Class Represen...

Excerpt: ... of this hearing. Facts This personal injury case involves Plaintiff, working as a cement foreman for Simmons Construction, Inc. (“Simmons”), on a job to create a large pit at Setton Pistachio of Terra Bella (“Setton.”) Defendant Industrial Design & Construction (“IDC”) was the general contractor who contracted out Simmons. Defendant Paul Hankins assisted with excavation of the pit. Plaintiff brings a cause of action for negligence ag...

Excerpt: ...ia Seals. Claimant Anthony Pete Mayberry, Sr. was in the passenger seat of the vehicle. Law enforcement also recovered, during the search, a loaded firearm in Claimant's pocket and 18 grams of methamphetamine. Plaintiff People of the State of California initiated nonjudicial forfeiture proceedings as to the $3,104. Claimant filed a claim for the money. Plaintiff then filed this petition for forfeiture. In connection with the petition, Plaintiff s...

Excerpt: ...is motion August 15, 2022. The opposition was filed on August 31, 2022. The court sustains objections 3, 5, 8, 9, 13, 14 (both), 15 (both) 16, 17, 18, 19, 20, 21, 22 and overrules the balance of the objections. The Court notes that the motion seeks relief “on the grounds of extrinsic fraud and inadvertence omitting an express contract provision in the Contract between the City of Dinuba (“City”) and Yamabe and Horn Engineering, Inc. (“Yam...

Excerpt: ... Class Members, providing an estimated average payout of $ 134.86 per member. The Class Members consist of: “All current and former non‐exempt employees of Defendant Juan C. Gutierrez dba J.C. Gutierrez Labor Service in California who were subject to Wage Order 14 and worked at least one day performing work for Defendant Visalia Citrus Packing Group, Inc., at any time during the period of March 23, 2017, to April 18, 2022” Plaintiff has set...

Excerpt: ...ack of conflict of interest declaration from Defendant and counsel. Counsel for Plaintiff has submitted a number of supplemental declarations addressing these issues. Accordingly, the motion to approve the settlement pursuant is approved. The final approval hearing on this matter is set to March 14, 2023 at 8:30 a.m.in Department 7 of this court. 1. Class Notice Objections or opt out notices are to be made within 60 days. The Court regularly appr...

Excerpt: ...rial was set for April 26, 2022 at the September 16, 2021 case management conference, Defendant Edward was present and formal notice of trial date was waived. (Minute Order September 16, 2021.) Defendant Edward did not attend trial and indicates he had a criminal court hearing on the same day, at the same time, in Porterville. Plaintiff prevailed at trial. On May 3, 2022, Plaintiff served a notice of entry of judgment. On July 15, 2022, Defendant...

Excerpt: ... the amount of $2,206.98. Defendant answered the complaint on March 8, 2022. On June 13, 2022, Plaintiff moved this Court to deem admitted requests for admissions, set one, numbers 1 through 10. On July 12, 2022, the Court adopted its tentative ruling, deeming admitted the truth of each matter specified in requests for admissions numbers 1 through 10. These requests, now admitted, are as follows: “1. That Defendant opened an account (2657) with...

Excerpt: ...0 days of the notice of this ruling. Dominga Tabutol sues defendants Pacific Property and Casualty Company (Pacific) and American National Insurance Company (American) alleging defendants' rescission of her rental owner's policy, and refusal to pay a claim, was discriminatory and in bad faith. Tabutol alleges causes of action for violations of the federal Fair Housing Act (FHA) and California's Fair Employment and Housing Act (FEHA) and a cause o...

Excerpt: ... Plaintiff alleges that shortly after beginning work in July 2021, she was subjected to derogatory remarks about her sexuality by Plaintiff's team lead. (Complaint ¶8.) Plaintiff reported these remarks to her supervisor at FGS and other personnel at PSI, but Plaintiff states “nothing was done.” (Complaint ¶ 8.) Similar remarks directed at Plaintiff, as well as other acts (such as driving a forklift in a manner to cause Plaintiff to fear for...

Excerpt: ...d Material Fact (“UMF”) No. 1.) Plaintiff alleges defendant Dr. Kranias, perforated her small bowel during her August 10, 2020, caesarian section delivery and/or failed to notice the perforation immediately to have it repaired. (UMF No. 2) Plaintiff also alleges that Dr. Kranias discharged her from the hospital on August 13, 2020, despite her being in severe pain, having abnormal labs, and having only very small bowel movements. (UMF No. 2.) ...