Excerpt: ...the following with respect to withdrawing: (1) MC‐051 ‐ Notice of Motion and Motion to be Relieved as Counsel; (2) MC‐ 052 – Declaration in Support of Attorney's Motion to Be Relieved as Counsel; and (3) MC‐053 ‐ Order Granting Attorney's Motion to Be Relieved as Counsel Additionally, Plaintiff's Counsel has filed proofs of service of these documents by mail. Authority and Analysis CCP §284 provides that “[t]he attorney in an actio...

Excerpt: ... of Defendant. On July 12, 2021, a settlement agreement was fully executed wherein the parties agreed to resolve this matter for $13,500.00, pursuant to a Stipulation for Settlement and Order (hereinafter referred to as “Settlement Agreement”). The parties agreed that Defendant's insurance carrier was to pay Plaintiff $10,000.00 and Defendant was to pay Plaintiff a total of $3,500.00 by a $50.00 down payment upon the signing of the Settlement...

Excerpt: ...of the request. GM confirmed receipt of the repurchase offer letter. However, Plaintiffs hired counsel and filed a complaint on June 11, 2022 for Song‐Beverly claims – for breach of express warranty and breach of implied warranty – and a fraudulent inducement concealment claim for which they sought punitive damages. In August 2020, Plaintiffs propounded its “Set One” discovery requests. GM alleges these are the same discovery requests s...

Excerpt: ... of Amount of Settlement (Net Estimated: $21,844.15) The gross settlement amount is $165,000. As an initial matter, the Court has taken the actual attorneys' cost incurred figure of $13,373.41 from Counsel Cohen's declaration instead of the $15,000 cost noted in the motion and utilized the actual cost figure in the follow calculations. Plaintiff estimates approximately 156 covered employees with an average payment of approximately $140.02. The co...

Excerpt: ...ike as to categories (3) and (4); to grant the motion to strike as to category (5) – paragraph 104 without leave to amend; to grant the motion to strike as requested to renumbered category (5A) and (6) – damages sought in the fourth cause of action without leave to amend; to grant the motion as to the prayer as requested as to renumbered category (6A) and (7) without leave to amend. Facts Common to (1) Demurrer and (2) Motion to Strike Plaint...

Excerpt: ...t Conference is continued to October 13, 2022; 8:30 am; D1. Facts Approximately thirteen years prior to the filing of the Complaint, Plaintiff alleges Defendants Daniel C. Joaquin and Rachel J. Joaquin purchased real property located at 104 W. Sandra Venue, Tulare, CA 93274 (the “Subject Property.”) and held legal title to the Subject Property in their names. (Complaint ¶7.) Plaintiff alleges that he transferred $60,000 of his funds which we...

Excerpt: ...r; to deny the motion to quash. Facts This is an unlawful detainer matter involving 3759 E. Cypress Visalia, Calif. 93292 (“Subject Property.”) On July 7, 2022 the complaint was filed. On July 17, 2022, Plaintiff filed a proof of service indicating personal service on Defendant Bates occurred on July 7, 2022. On July 18, 2022, default judgment was entered and the writ of possession was issued. On August 18, 2022, Defendant file this ex parte ...

Excerpt: ... 809 S. Encina Street #A, Visalia, CA. 93277 (“Subject Property.”) On June 27, 2022 the complaint was filed. On July 18, 2022, Plaintiff filed a proof of service indicating personal service on Defendant Guzman occurred on July 2, 2022. On August 1, 2022, default judgment was entered and the writ of possession was issued. On August 22, 2022, Defendant file this ex parte motion to vacate the default judgment and/or stay this matter. Defendant s...

Excerpt: ...ime the moving papers and declarations that are already on file with the court. Accordingly, the motion to approve the settlement pursuant is preliminarily denied without prejudice. The hearing on this matter is continued to September 19, 2022 at 8:30 a.m.in Department 2 of this court. 1. Sufficiency of Amount of Settlement (Net Estimated: $81,525.00) The gross settlement amount is $187,500. Plaintiffs estimate approximately 59 proposed Class Mem...

Excerpt: ...ten (10) days to file an amended cross‐complaint. This matter involves the former operation of an electrician business by two brothers over which there are now a number of disputes as to expenditures, accounting, employees, and clients. On June 2, 2022, Defendant and Cross‐Complainant Jesus Zamora and Luz Zamora (“Jesus”) filed a first amended cross‐complaint for breach of fiduciary duties and fraud against Plaintiff and Cross‐Defenda...

Excerpt: ...he continued viability of the domestic olive market, only to surreptitiously enter arrangements with foreign suppliers, headed by Dcoop, a large Spanish farming cooperative, to obtain low‐cost olives from overseas. Plaintiffs allege Bell‐Carter, having secured a source for the majority of its requirements in low‐cost olives from Dcoop (plaintiffs contend the supply agreements between the defendants required Bell‐Carter to obtain a majorit...

Excerpt: ... this demurrer, the following: “13. PETS: Unless otherwise provided in California Civil Code § 64.2, no animal or pet shall be kept on or about the Premises without Landlord's prior written consent, except: none allowed.” On July 19, 2022, Plaintiff served Defendants with a three‐day notice to quit (Notice) alleging fraud and/or intentional misrepresentation as to the intent to keep animals on the Subject Property. The Notice states the le...

Excerpt: ...) The Court previously preliminarily approved the gross settlement of $750,000 as fair and reasonable. 2. Class Notice Objections or opt out notices are now to be made within 60 days. The class notice period is approved. The Court previously approved the content of the Notice. 3. Enhancement Awards to Class Representatives The court previously preliminarily approved Plaintiffs Ramirez, Villasenor, Flores, Saevang and Gutierrez as the Class Repres...

Excerpt: .... Plaintiff Bob Samson, through his guardian ad litem Loren Samson, have sued Defendant Nicole Atherton, M.D., (“Defendant” or “Dr. Atherton”) amongst others, for failing to diagnose a right foot fracture in May 2018. Plaintiff alleges this failure to diagnose resulted in him having a right mid foot amputation in October 2018. Plaintiff died on December 26, 2020. Guardian Loren Samson currently resides in Idaho. Defendant Dr. Atherton fil...

Excerpt: ...eet Visalia, Calif 93277 (“Subject Property.”) On June 28, 2022, the complaint was filed. On July 19, 2022, Plaintiff filed a proof of service indicating personal service on Defendants occurred on June 30, 2022. On July 19, 2022, default judgment was entered and the writ of possession was issued. On August 15, 2022 Defendant Dustin Lewis filed this ex parte motion to vacate the default judgment and/or stay this matter. Defendant states, howev...

Excerpt: ...amages awarded at trial. Facts This is an unlawful detainer matter involving 1828 East Vassar, Visalia, CA 93292. (“Subject Property.”) On June 22, 2022 the complaint was filed. On June 27, 2022, Plaintiff filed a proof of service indicating substitute service on Defendant Bravo occurred on June 24, 2022. On June 20, 2022, default judgment was entered in favor of Plaintiff. Also on June 20, 2022 the writ of possession was issued. The Court no...

Excerpt: ...ants pursuant to Code of Civil Procedure section 579.” The court further orders plaintiff Samuel Franks appear at the hearing on this motion to discuss service on the remaining defendants in this action and further proceedings as to those defendants. Background Plaintiff Samuel Franks filed a complaint to set aside an alleged fraudulent transfer of interests in real property at 304 East Beacon Street, in Tulare (first cause of action), to quiet...

Excerpt: ...parties need not file for a second time the moving papers and declarations that are already on file with the Court. Accordingly, the motion to approve the settlement pursuant is preliminarily denied without prejudice. The hearing on this matter is continued to September 13, 2022 at 8:30 a.m. in Department 7 of this Court. 1. Sufficiency of Amount of Settlement (Net Estimated: $97,000) The gross settlement amount is $225,000.00 Plaintiffs estimate...

Excerpt: ...nth, fifteenth, sixteenth and seventeenth; Plaintiff shall have ten (10) days to file an amended complaint; (2) To find the motion to strike moot based on the ruling on demurrer. Facts As to moving party Defendant Lloyd Benjamin (“Dr. Benjamin”), the following facts are directed specifically at him from the complaint. Plaintiff alleges she was brought to the emergency department at Kaweah Delta Medical Center on a Welfare & Institutions Code ...

Excerpt: ...ct Property”) in 2006. (First Amended Complaint (“FAC”) ¶13.) Plaintiff and her family resided at the Subject Property since 2006, and was financially responsible for the Subject Property, “paying all property taxes, trash/water, utility payments and maintenance.” (FAC ¶ 14.) Alfonso passed away and his son, Defendant Jason Elizondo, is alleged to have told Plaintiff he needed more money to finalize the sale of the Subject Property to...

Excerpt: ...reach of contract, express indemnity, equitable indemnity and declaratory relief against Defendants Atkins North America, a Florida corporation, (“Atkins”) and Faithful+Gould, Inc., a Minnesota corporation (“FG.”) The complaint alleges that Plaintiffs Quad and City entered into a written agreement for general engineering services as the City's contract City Engineer. In 2009, Quad and FG first entered into a written subconsultant agreemen...

Excerpt: ...ion of a 1997 Fleetwood manufactured home (“Collateral”) from Defendant Bowen. On or about August 20, 2021, the Court entered default judgment in favor of Plaintiff for possession of the Collateral. The Collateral is located at 33812 Success Valley Dr, Porterville, CA 93257. After obtaining a Writ of Possession for the Collateral in March 2022 and having the Tulare County Sheriff's Department levy upon the Collateral, the Sheriff's Department...

Excerpt: ...ready on file with the court. Accordingly, the motion to approve the settlement pursuant is preliminarily denied without prejudice. The hearing on this matter is continued to September 12, 2022 at 8:30 a.m.in Department 2 of this court. 1. Sufficiency of Amount of Settlement (Net Estimated: $388,200.00) The gross settlement amount is $650,000. Plaintiff estimates approximately 369 proposed Class Members, providing an estimated average payout of $...

Excerpt: ...ions This is a wage and hour case brought by four Plaintiffs against Defendants. On or about June 3, 2022, Defendants filed and served via electronic service a First Amended Answer containing a general denial and twenty‐four “affirmative defenses.” On or about June 15, Plaintiffs filed this demurrer and motion to strike the operative answer. Plaintiffs argue that sixteen of the affirmative defenses are subject to demurrer because they asser...

Excerpt: ...1) 14‐year‐old Aubrie and (2) 10‐year‐old Bella is Kristina Hernandez, parent and guardian ad litem. The Petitioner as to (3) 16‐year‐old Maya is Ramiro Hernandez, guardian ad litem and parent. Petitioners bring these petitions to approve the compromises of settlement offers to the minor children. This matter involves an automobile accident. On or about November 27, 2019, Petitioner Kristina Hernandez was driving a vehicle containing ...