Excerpt: ...en in Tulare County, including Plaintiff." (Complaint 2, 9.) Plaintiff alleges that while she was in foster care under the custody, care, and control of "DEFENDANTS" in approximately 1981, when Plaintiff was approximately thirteen (13) years old, Plaintiff was sexually abused and assaulted by her Foster Father, in whose home she was placed. (Complaint 23, 24.) Plaintiff alleges that she reported this abuse to a social worker and that no action wa...

Excerpt: ...ay 16, 2023 included fees up to May 10, 2023. Plaintiff thereafter filed a second motion for fees and costs incurred May 11, 2023 to July 12, 2023, also in collection of the judgment and related specifically to the motion for receiver issue previously adjudicated. The Court granted the second motion for fees in the amount of $7,105 and for costs in the amount of $453.10. Plaintiff now files this third motion for fees and costs incurred July 14, 2...

Excerpt: ...,cm) The gross settlement amount is $41WßW. Plaintiff estimates approximately 350 proposed Class Members, providing an estimated average payout of $619.04. The Class Members consist of: all non-exempt employees who worked for Central California Baking Company at any time in the State of California during the period from April 26, 2021, through February 17, 2023 and who received any wage statements containing the following information: (1) FLSA O...

Excerpt: ... 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 Resolution of Necessity No. C-22204, declaring that the Taking or an interest therein is necessary for state highway purposes. Plaintiff seeks to acquire this area as part of a project to construct a new ...

Excerpt: ...eeking damages for alleged losses related to its 2020 pistachio crops. M.C. Watte filed fts amended complaint, adding Brian Watte as a defendant. Brian Watte then filed a cross-complaint against Nutrien seeking contribution and indemnity from Nutrien and separately seeking damages from Nutrien for alleged losses related to his 2020 pistachio crops. Defendant Nutrien Ag Solutions seeks leave to file a cross-complaint against proposed cross-defenda...

Excerpt: ...t of her detention at the Tulare County Adult 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...

Excerpt: ...tes by San Joaquin Valley Unified Air Pollution Control District (District) against Setton Pistachio of Terra Bella, Inc. (Setton). Setton is a pistachio company with a processing facility in Terra Bella, California. The District's alleges various regulatory and statutory violations by Setton. The District commenced this action by filing its original complaint on May 30, 2023. The District filed an amended complaint on July 21, 2023, alleging six...

Excerpt: ... prevent discrimination or retaliation, interference with CFRA leave, CFRA leave retaliation, violation of Labor Code sectons 233, 246.5, and 1102.5, wrongful termination of employment and intentional infliction of emotional distress. Plaintiff alleges he was employed by a combination of Defendants including Defendant DG Farms, a business entity unknown that Plaintiff alleges is a registered DBA of individual Defendant Billy De Groot, the owner a...

Excerpt: ... the parties executing a protective order; to deny the requests for sanctions. Facts Common to (1), (2) and (3) This Song Beverly action involves Plaintiffs' purchase of 2018 Jeep Renegade, VIN: ZACCJABB8JPH55214, ("the Subject Vehicle"). Plaintiffs allege various defects and nonconformities including but not limited to transmission, HVAC, and electrical problems. (Complaint 916.) Plaintiffs allege at least two repair attempts by authorized FCA r...

Excerpt: ...ntly set for October 30, 2023. Therefore, the parties' mutual exchange of expert witness information was due on 11, 2023. Plaintiff's Counsel, Michael Gorelik, appears to have drafted, but did not send, the Exchange of Expert Witness Information identifying Marian B. Stephens as an expert in the field of student safety, school negligence, administration, and supervision. (Declaration of Gorelik '1 2, Ex. 1.) The draft also identified several othe...

Excerpt: ...nc. The Complaint does not appear to allege compliance with the tort claim presentation requirements under Government Code secton 911.2. Plaintiff filed no opposition to this demurrer. 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 (21%2) 97 Cal.App.4*' 209, 220. To state a cause of action, a plaintiff must a...

Excerpt: ...s, providing an estimated average payout of $737.82. The Class Members consist of: Non-exempt employees who work or worked for Defendant in California at any time during February 26, 2017 and ending on the date the Court grants Preliminary Approval. Plaintiffs primarily alleged the followng violations: (1) failed to pay minimum and regular rate wages, (2) failed to pay overtime compensation, (3) failed to provide meal periods, (4) failed to autho...

Excerpt: ...o order Plaintiffs to file the Second Amended Complaint no later than ten (10) days from the date of today's hearing. 1. Sufficiency of Amount of Settlement (Net Estimated: $352,650) The gross settlement amount is $650,000. Plaintiffs estimate approximately 925 proposed Class Members, providing an estimated average payout of $381.24 each. The Class Members consist of: All persons employed in California by Defendants Sonoco Plastics, Inc. and Peni...

Excerpt: ... South Encina Street #4 Visalia, CA 93277 ("Subject Property"). (Complaint 93.) This achon is based on a three notice to pay rent or quit. Defendants were each served via personal service on October 5, 2023. On October 12, 2023, the Court entered default and on October 15, 2023, the Court entered default judgment for possession only and issued the writ of possession. On October 20, 2023, Defendants filed this ex parte moton for relief from defaul...

Excerpt: ...nd a thirty day notice to quit. Defendants challenge the sufficiency of these notices, but their legal arguments center on three day notices to quit based on covenants of the lease, which do not appear at issue in this matter. Defendants further demurrer on the basis of uncertainty and failure to allege facts sufficient to state a cause of action. Authority and Analysis A demurrer tests the sufficiency of a complaint as a matter of law and raises...

Excerpt: ...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, fora parcel of land in a development in the City of Visalia. (FAC '18.) The PSA was amended a number of times, including a third amendment where ...

Excerpt: ... of action against the City is for dangerous condition of public property and failure to maintain public property as to non-functioning pedestrian cross-walk flashing beacons designed to alert others of the presence of pedestrians in the cross-walk. Material Facts The following facts are undisputed by Plaintiff Carranza, unless otherwise indicated. On July 20,201B, at approximately 6:10 a.m., Decedent was struck and killed by a vehicle while oper...

Excerpt: ...age payout of $121.66. The Class Members consist of: All current and former non-exempt employees of Agustin Ceballos Baca dba A&L Harvesting who performed work for Porterville Citrus, Inc. in California at any tme from December 2, 2018 through October 15, 2023. Plaintiff primarily alleged the following violations: (1) meal period violations premised on failure to provide timely duty-free 30 minute first meal periods; (2) rest period violations pr...

Excerpt: ...d a declaration and supplemental briefing addressing these issues. Attorneys' Fees and Costs Attorneys' fees of 33% of the gross settlement fund of $445,130 or $148,375.57 and costs not to exceed $25,000 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 reasonableness of the fee request. Here, Counsel indicates that the firm has spent...

Excerpt: ... approximately 1969-1971. While coordination has not be called for in this matter, this matter effectively brings together six distinct fact patterns for a jury to consider some of which are separated by over a decade of time" (Motion 2:21-28, 3:1.) Additionally, Defendants state that discovery delays and the delayed service of the complaint will cause Defendants to "...expedite the scheduling of depositions for the six individual plaintiffs, any...

Excerpt: ...c Defendants seek to compel arbitration of Plaintiffs individual PAGA claims and stay the representative PAGA claims pending arbitration pursuant to Plaintiff's hand-signed arbitration agreement. Facts as to Agreement to Arbitrate In support, Defendants provide the declaration of Reyes who indicates that she personally managed Plaintiff from 2016 through 2022 at the Visalia location and on February 5, 2021, she personally presented the arbitratio...

Excerpt: ...verruled. Background Facts This complaint involves class actions claims by Plaintiff for various wage and hour Labor Code violations and unfair business practices under Business and Professions Code section 17200 against Defendants Genova Management Group LLC, Milano Restaurants International Corp., Me-N-Ed's Pizzerias, Inc. Defendants seek to compel arbitration of Plaintiff's individual claims, enforce a class action waiver and dismiss Plaintiff...

Excerpt: ...91.) Plaintiff alleges he is the assignee of Westlake Financial Services, LLC, dba Westlake Financial Services ("Westlake Financial), the named "Lender Loss Payee" and/or Additional Insured under ALJlC's Policy Number MIL4935650 (the "Policy"). (Complaint 9, 11-14.) Plaintiff sues under theories of breach of contract and breach of implied covenant of good faith and fair dealing. Plaintiff seeks punitive damages on the breach of implied covenant t...

Excerpt: ...that Plaintiff was arrested, in custody or otherwise present Tulare County law enforcement at the pretrial facility. In response, Defendant states that much of the evidence requested, at various times between September 6, 2021 and September 18, 2022 has been routinely overridden. However, Defendants state that Plaintiff filed a formal complaint against a deputy in 2021 and recording associated with that complaint have been preserved. In any event...

Excerpt: ... Doe 1 on March 15, 2023. On August 28, 2023, Doe 1 filed a fee waiver request and this motion for an extension of time. The motion indicates Doe 1 is incarcerated and was uncertain if his fee waiver would be accepted prior to filing a responsive pleading in this case. The fee waiver request was granted August 28, 2023. Plaintiff did not seek entry of default until September 7, 2023. Authority and Analysis The Court will grant Doe I's request for...

Excerpt: ...ese landlords as well as other defendants alleged to be in a "joint venture," "partnership" or "common enterprise" with them. In the now second amended complaint, CIDF states various claims, the principal contentions of which are that the defendants failed to fix dairy equipment and fixtures, failed to pay for other miscellaneous items to be fixed, and failed to provide certain accommodations for CIDF's dairy operations, including water and waste...

Excerpt: ... Property." ) The Court notes this is an achon after the purchase of the Subject Property in 2021. (Complaint 99.) The verified complaint alleges that on or about May 8, 2023, Plaintiff learned that Defendants had begun unlawfully occupying the Subject Property, including inside the residential structure thereon, on the preceding weekend (May 5 - 6, 2023). (Complaint 911.) The complaint further alleges Defendants have refused to leave, have start...

Excerpt: ... handle the transactions. Plaintiffs allege they "developed valuable contractual and other business and economic relationships with Airbnb and VRBO that provide[] [them] with the probability of future economic benefit." Plaintiffs allege defendant has tortiously interfered with these relationships in various ways. Defendant moves to strike the complaint under Cuie of Civil Procedure section 425.16, California's anti- SLAPP statute. The ant-SLAPP ...

Excerpt: ...ference approximately six months from this hearing to April 9, 2024, 8:30 am, Dept. 7. On February 22, 2023, Plaintiff filed this action for failure to prevent harassment by non-employee and retaliation in violation of FEHA against, at all relevant times, her employer Defendant Twin Oaks Assisted Living LLC. (Complaint 98.) Plaintiff alleges that a live-in resident of the facility, former Defendant Faiman committed sexual battery and intentional ...

Excerpt: ...peline located on Defendants' property. Plaintiff alleges causes of action for declaratory relief as to its easement, injunctive relief and for trespass. Plaintiff sought, and this Court entered, an ex parte temporary restraining order preventing Defendants from interfering with Plaintiff's water easement on August 7, 2023. The Court set this matter for the current hearing as to an order to show cause as to the entry of a preliminary injunction. ...

Excerpt: ...oss settlement amount is Plaintiff estimates approximately 110 proposed Class Members, providing an estimated average payout of $335 per member. The Class Members consist of: all current and former non-exempt, hourly-paid employees who worked in California for Central Valley Recovery Services, Inc. ("Defendant"), at any time during the period from January 26, 2018 through August 15, 2023 The operative complaint alleges (1) failed to pay overtime ...

Excerpt: ...aintiff alleges he is the assignee of Westlake Financial Services, LLC, dba Westlake Financial Services ("Westlake Financial), the named "Lender Loss Payee" and/or Additional Insured under ALJlC's Policy Number MIL4935650 (the "Policy"). (Complaint 9, 11-14.) Plaintiff sues under theories of breach of contract and breach of implied covenant of good faith and fair dealing. Plaintiff seeks punitive damages on the breach of implied covenant theory. ...

Excerpt: ...' Counsel Michael Daurio filed a motion to be relieved as counsel as to Plaintiffs Leticia collectively Salmeron surviving heirs Terriquez of Efrain and Cerjio Martinez Moreno, Martinez-Salmeron, Decedent. Plaintiffs' Counsel filed 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 - Orde...

Excerpt: ...lty for prevailing in a civil action under Civil Code section 1940.2(b) involving property located at 240 N. G. Street, Porterville, CA 93257 (the "Subject Property." ) The Complaint appears to allege retaliation and habitability issues. Vela alleges that Defendant Perez, as the person with whom she entered an oral lease agreement, breached the warranty of habitability and therefore she was excused from payment of rent that was otherwise due and ...

Excerpt: ... motion to stay or dismiss this matter. Defendant's basis for this moton is that Defendant was, at all relevant times, a physician specializing in Obstetrics and Gynecology at Altura Centers for Health ("Altura"), a federally qualified health center ("FQHC") (Declaration of Banks 91.) Defendant states that Altura is an FQHC under the Federally Supported Health Centers Assistance Act of 1992 ("FSHCAA"), and therefore Altura and its officers and em...

Excerpt: ...retire and subsequently cash out the value of stock that Plaintiff had acquired over his years of employment pursuant to the Stock Redemption Agreement. (Complaint "6, 7, 9.) Plaintiff alleges he was induced to sign a document which purported to value and redeem his shares in the amount of $95,423.58. (Complaint "16, 17, 18, 21, 22.) The Stock Redemption Agreement contains the following term: "Arbitration. If any controversy or claim arising out ...

Excerpt: ...s representative Plaintiff Francisco Medrano from the proposed amount of $10,000 to the typical amount of $5,000. Enhancement payments "are fairly typical in class action cases." (Cellphone Termination Fee Cases (2010) 180 Cal.App.4th 1110, 1393.) Enhancement payments "are intended to compensate class representatives for work done on behalf of the class, to make up for financial or reputational risk undertaken in bringing the action, and, sometim...

Excerpt: ...f class action and PAGA settlement, attorneys' fees, costs, enhancement award, LWDA payment and class certification for settlement purposes came on for hearing on October 5, 2023. The Court finds and rules as follows: On September 8, 2023, the settlement administrator Phoenix, through its Case Manager, filed a declaration detailing the following events. On April 27, 2023, the administrator received a mailing list of 341 potential class members fr...

Excerpt: ...f emotional distress involving Plaintiff's employment. Defendants Aequion lnc„ Seamans Capital Management, Richard F. Seamans, Eleanor Mulvaney Seamans, and Aequion, LLC were alleged to be Plaintiff's "employers." (Complaint 4-8.) Plaintiff was employed by initially by EMOH Company LLC, which then became Aequion LLC in 2018 and later was incorporated into Aequian, Inc. in August 2019. Plaintiff generally alleges he was not paid his full wages, ...

Excerpt: ...tiffs' 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 January 21, 2021, resulting in his death. (UMF Nos. 1, 15, 31.) Plaintiffs' decedent, Gary Franks, Sr., died on January 24, 2021. (UMF Nos. 8, 22, 39.) Plaintiffs filed this complaint on February 22, 2022 for as single cause of action for wrongful death based on...

Excerpt: ... involving a solar purchase by Plaintiff in 2015, various representations made thereof, and the assignment of Plaintiff's solar loan, and servicing of Plaintiff's solar system, to various named Defendants, including Complete Solar Inc. ("CSI") and JAK Solar Loans 1 Limited ("JSL") after Plaintiffs initial purchase. Plaintiff now seeks to file a second amended complaint: a) naming Flextronics International USA, Inc. ("FLEX") as a defendant; b) cla...

Excerpt: ...ks, amongst other relief, an order determining two real properties—one in Tulare, the other in Modesto—and certain entity ownership interests are assets of the estate of Gilberto Cortez. Colin, who claims to have purchased the Modesto property, demurrers to the petition on various grounds. Colin's demurrer implicates a limited set of the broader collection of allegations in the petition—those bearing on the Modesto property he claims to law...

Excerpt: ...endant, Farmersville Police Department and naming individual Defendants Jenifer Gomez, Jay Brock, Ralph Vasquez. Plaintiff alleges she turned in a complaint form June 12, 2021 to Farmersville Police Department regarding an incident that occurred May 12, 2021. (FAC 92.) Plaintiff seeks a declaratory judgment for injunctive relief that "defendants must conduct an uncorrupt investigation on the plaintiffs formal written complaint relating to sexual ...

Excerpt: ...a has sued Defendants Food for Athletes, Inc., Gary Ferguson, Darren M. Long, Sr„ Brian Martinho, Becky Long and Darren Long, Jr. for breach of contract, elder abuse, constructive fraud, promissory fraud, unlawful business practices, shareholder inspection and direct suit for breach of fiduciary duty. Plaintiff filed this action September 22, 2022. Plaintiff alleges he became a shareholder in Food for Athletes starting in 2017 and continuing th...

Excerpt: ... of the transfer fee in the sum of $50 payable to the Tulare County Superior Court and the submission of a separate check for the filing fee in the sum of $435.00 payable to Fresno County Superior Court, to be submitted to the Tulare County Superior Court, to effectuate the transfer. The Court sets this matter outto November 30, 2023, 8:30 am, Dl, for status of the payment of the transfer costs to this Court and this Court's transmittal of the ma...

Excerpt: ... The Court intends to inquire as to the status of this deposition and whether the motion for protective order has been rendered moot. Plaintiff alleges she was a foster child in the care and custody of the County of Tulare. Plaintiff alleges she was placed with a foster family where she was sexually abused as a minor. Plaintiff took the deposition of the County's PMQ on August 16, 2023 including topics for the time period 1993 through 1995. The C...

Excerpt: ...September 1, 2023, Plaintiff filed this moton to reconsider and for leave to file an amended complaint. Authority and Analysis Though Plaintiff does not indicate a statutory basis for this motion, the motion references reconsideration. Code of Civil Procedure section 1008, states: "(a) 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 p...

Excerpt: ...trict ("VUSD.") In sum, the Court previously found that the first amended complaint generally alleging compliance with the Tort Claims Act as to VLJSD. However, more specific allegations of the first amended complaint, as well as VUSD's request for judicial notice of Plaintiff's prior opposition to demurrer that claims appear to have been presented to the City of Visalia and County of Tulare, contradicted that general statement and the Court sust...

Excerpt: ...uling sustaining the demurrer with leave to amend was based on Plaintiff's filing of this action on January 25, 2023, which the Court found to be over 90 days from the October 25, 2022 written notice of rejection of Plaintiffs claim against the estate of Decedent Christopher Mason pursuant to Probate Code section 366.2 The presentation of the underlying claim to the estate, the rejection thereof and the filing of this case are not in dispute. Pla...

Excerpt: ...hom the Trailer was purchased. Plaintiffs indicate they are "buyers" under California Civil Code S 2981(c) and S 1791(b). (Complaint 92.) Plaintiffs name Defendant FOREST RIVER, INC. (hereinafter "FOREST" and or "Defendant), as a manufacturer as defined by Civil Code SS 1791(j) and (l). (Complaint 93.) Plaintiffs name Defendant MAGIC TOUCH ("hereinafter 'MAGIC TOUCH'"), is a retailer as defined by Civil code S 1791(1). (Complaint "5, 7/) The comp...

Excerpt: ...r ruling denying Caltrans's first motion for prejudgment possession, the court found Caltrans had failed to establish an overriding need for early possession, having merely restated fts initial project objectives, and had only made a perfunctory showing that it would suffer hardship if early possession was denied. Caltrans had submitted a supporting declaration asserting only that "[i]f the State is denied possession[,] the daily damages are esti...

Excerpt: ... on Defendant's service of substantially complaint responses prior to the hearing on this motion. Facts Common to (1) and (2) In this motor vehicle accident matter, Plaintiff served the complaint by substitute service on February 7, 2023 on Defendant J Abraham Bedoya Olivares and Defendant AB & Sons Enterprises. Defendant answered as Defendant J Abraham Bedoya Olivares doing business as AB & Sons Enterprises on August 23, 2023. Prior to the answe...

Excerpt: ...ng the 271 Property to Kissinger for a ten (10) year term with rent at $5,300.00 per month, plus triple net expenses such as utilities, property taxes, and other charges ("Sublease." ) (Complaint 96.) The second agreement was a written lease agreement for Plaintiff, as lessee, to lease property located at 247 N. L Street ("247 Property") to Kissinger for a ten (10) year term with rent at $2,900.00 per month, plus triple net expenses such as utili...

Excerpt: ... to prepay per diem rent for the length of the stay. This unlawful detainer matter involves property located at 565 S. Walnut #A Porterville, CA 93257 ("Subject Property.") (Complaint 93.) The complaint alleges this is a sixty-day notice matter subject to the Tenant Protecton Act. (Complaint 99.) Pursuant to this Court's order on August 17, 2023, Plaintiff posted and mailed the summons, complaint and related documents on Defendant Brady on August...

Excerpt: ... made on August 3, 2023 at the Subject Pro#rty. The service was performed by a registered California process server. On September 5, 2023, default judgment was entered. On September 12, 2023, the writ was issued. On September 19, 2023, Defendant filed this ex parte motion for relief from default judgment. In support, Defendant indicates "I was never served." As to notice, Defendant indicates that notice to Plaintiff's attorney was provided via vo...

Excerpt: ...unt of Settlement (Net Estimated: $235,753.33) The gross settlement amount is $445, 130. Plaintiff estimates approximately 120 proposed Class Members, providing an estimated average payout of $1,960.00 per member. The Class Members consist of: "non-exempt employees employed and directly hired by Defendant KW in California at any time from January 3, 2018 through the date the Court grants preliminary approval, unless an earlier end date is selecte...

Excerpt: ... ("Plaintiff" or "CIDF") fourth cause of achon for breach of oral contract against all Defendants and ninth cause of action for implied easement against the "Landlord" Defendants. Plaintiff's Second Amended Complaint defines "Landlord(s)" as Kourosh Malakan, Trustee of the Koroush and Golnaz Malakan Family Trust; Nader Malakan, Individually and as Trustee of the Nader Malakan Revocable Trust, Avila Ranch, and FG2 Holdings. This second amended com...

Excerpt: ...orporation under the name "H & K, Inc." and states that the Plaintiff has been suspended by the Franchise Tax Board. Defendant provides a declaration detailing efforts to verify "H & K, Inc." In opposition, Plaintiff does not address this issue at all, but provides a summary of its argument in support of the complaint and of California community property law. Plaintiff does not provide any information or evidence as to the status of "H & K, lnc" ...

Excerpt: ...der; (2) To stay the litigation, including the demurrer, pend-ng the outcome of the reasonable probability determination under sections 391.1, 391.2 and 391.3. (1) Motion to Deem Plaintiff a Vexatious Litigant Defendant moves to declare Plaintiff Fraizer a vexatious litigant under Code of Civil Procedure sections 391, 391.1. 391.3 and 391.7 based on the continued relitigation of the same cause of action, claim and issues of fact and law that have...

Excerpt: ... multiple repair visits without successfully remedying the issue. Plaintiff, on February 14, 2022, filed this Song Beverly achon for breach of express and breach of implied warranties. Plaintiff propounded written discovery on GM, consisting of 37 requests for admissions, 46 requests for production of documents, 49 special interrogatories and 27 form interrogatories. The parties disagreed as to the sufficiency of GM's responses and Plaintiff file...

Excerpt: ...ons that, in June 2017, Bell Carter solicited and obtained $1.25 million dollars from plaintiffs to protect their position as producers in the olive market; and that Bell Carter fraudulently concealed it was simultaneously engaged in negotiations with a large Spanish olive producer conglomerate, Dcoop, which culminated in Dcoop becoming the almost-exclusive supplier of olives to Bell Carter and the destruction of plaintiffs' position in the olive...

Excerpt: ...tmates approximately 578 proposed Class Members, providing an estimated average payout of $924.88. per member. The Class Members consist of: "All current and former hourly-paid or non-exempt employees employed by Defendant G & J Heavy Haul, Inc. ("Defendant") within the State of California at any time between July 8, 2018, through June 3, 2023." Plaintiff primarily alleged the following violations: (a) Labor Code sections 510 and 1198 (unpaid ove...

Excerpt: ...n the fifth cause of action for fraud on the basis of a failure to allege a transactional relationship between GM and Plaintiff. Specifically, that the lack of allegations in the initial complaint that the Subject Vehicle was purchased from an authorized dealership or that the dealer is the agent for purposes of sale of GM vehicles to Plaintiff. (Dhita/ v. Nissan North America, Inc. (2022) 84 cal.App.5th 828, 844.) The First Amended Complaint all...

Excerpt: ...,395.06. Defendant answered the complaint on May 11, 2023, admitting all of the allegations of the complaint and stating that Defendant had tried to come to an arraignment with Plaintiff, but was unable to do so. Meet and Confer Plaintiff states that counsel attempted to contact Defendant regarding this Motion in accordance with Code of Civil Procedure section 439(a). "Before filing a motion for judgment on the pleadings pursuant to this chapter,...

Excerpt: ...ntiff, on December 7, 2021, filed this Song Beverly achon for breach of express and breach of implied warranties. Plaintiff' written discovery on GM, consisting of 37 requests for admissions, 46 requests for production of documents, 49 special interrogatories and 27 form interrogatories. The parties disagreed as to the sufficiency of GM's responses and Plaintiff filed various motions to com#l further responses and for a of GM's person most qualif...

Excerpt: ... "joint venture," "partnership" or "common enterprise" with them. In the now second amended complaint, CIDF states various claims, the principal contentions of which are that the defendants failed to fix dairy equipment and fixtures, failed to pay for things to be fixed, and failed to provide certain accommodations for CIDF's dairy operations, including water and wastewater disposal accommodations. In a generally stated listing of prayers for rel...

Excerpt: ... 24, Rosario Soto who was erroneously sued as defendant, Rosorio Soto, appeared, took the oath under penalty of perjury, and submitted himself to the judgment debtor examination of Plaintiffs' counsel. At the judgment debtor examination, Rosario Soto represented that he was attempting to refinance his home to satisfy the Plaintiffs default judgment. On or about August 9, 2011, Plaintiffs received notice from the Internal Revenue Service that Rosa...

Excerpt: ... an alleged slip and fall on an unknown substance while lawfully on Defendants' premises on September 29, 2020. After discovery responses identified providers who treated Plaintiff for injuries allegedly caused by the slip and fall and partial records containing redacted medical history, Defendant issued subpoenas to: (1) Raman Verma, MD; (2) Kaweah Delta District Hospital ROI Department; (3) Kaweah Delta District Hospital Visalia Films; (4) Kawe...

Excerpt: ... located at 313 South W Street, Porterville, CA 93257 ("Subject Property." ) (Complaint '13.) Plaintiff, representing himself, alleges an interest in the Subject Property as owner. (Complaint 93.) The complaint alleges this is a three day notice to pay rent or quit matter. (Complaint '19.) On August 17, 2023, Plaintiff filed a prtnf of service of the summons and complaint indicating personal service on Defendant was made on August 10, 2023 by a C...

Excerpt: ...s commencing May 15, 2022 until the is paid in full. The parties executed a stipulation for settlement and obtained an order regarding stipulation for settlement and entry of judgment with an express reservation of the Court's jurisdiction under Code of Civil Prmædure section 664.6 prior to dismissal by the Court. Plaintiff indicates that, to date, Plaintiff has received only from Defendant. Defendant, therefore, seeks entry of judgment in the p...

Excerpt: ...05C)- 037. The taking includes approximately 5,800 square feet of road right-of-way and fee title, and about square feet of temporary construction easements ("Subject Property." ) The project for which the property is to be acquired is the Road 67 Operational Improvements Project (the "Project"). The Project generally consists of repaving and widening a portion of Betty Drive between County Road 67 and Robinson Road, as well as installing drainag...

Excerpt: ...n June 14, 2023 as against named Defendant Jose Garcia. Personal service appears effective against Julie Musgrave #rsonally on June 15, 2023. This is a sixty day notice to quit claim. On June 27, 2023, moving party Julie Musgrave filed a prejudgment claim of right of possession and answered the complaint. On July 7, 2023, the Court sent Defendant Musgrave, at the address listed on her answer, 27598 Highway 99, a notice of trial to be held July 31...

Excerpt: ...Edwards." Personal service appears effective against "Sherman Edwards" on June 15, 2023. On June 23, 2023, moving party Sheriron Edwards filed a prejudgment claim of right of possession and answer listing "27598 HY 99" as his address. On July 7, 2023, the Court sent Sheriron Edwards, at the address listed on his answer, a notce of trial to be held July 31, 2023 8:30 am in Department 7. On July 31, 2023, the Court held trial and entered judgment i...

Excerpt: ...ging Plaintiff's interest in the property located at 1431 S. Crowe St. Visalia, CA 93277 ("Subject Property") is as "property manager for owner Sabina Hack" and attaches a purported authorization letter from 2021 that purportedly authorizes the named Plaintiff Katie Roepke-Brenner (as well as Elizabeth DiOrio) as property manager and to pursue eviction actions. The Court notes the attached written lease indicates that "Elziabeth DiOrio hereby lea...

Excerpt: ...the County of Tulare and Does 1 through 25. The complaint alleges negligence on the County of Tulare for the sexual abuse suffered by Plaintiff during her childhood placement in foster care. On August 30, 2022, Plaintiff filed a Code of Civil Procedure section 827 petition to request her juvenile records from the Tulare County Juvenile Court. Said records were ultimately released by County of Tulare to Plaintiff on approximately November 5, 2022....

Excerpt: ...ontinued it to this date to permit supplemental filings addressing the sufficiency of the amount this matter resolved for, the calculation of attorneys' fees and submission of the settlement to the LWDA. On August 21, 2022, Counsel filed a supplemental declaration addressing these issues. 1. Sufficiency of Amount of Settlement (Net Estimated: $24,845) The starting settlement amount is $343,000. Defendant previously paid $93,000 paid in connection...

Excerpt: ...r; Kaweah Health Medical Group; and Does 1 to 40. On June 2, 2023, Plaintiff obtained an order permitting the naming of Doe 1 as Thomas Maclennan, M.D. On June 12, 2023, Plaintiff filed an amended complaint naming Sierria View District Hospital, Sierra View Medical Center and, as Doe 1, Defendant Dr. Maclennan (collectively "Defendants." ) Plaintiff alleges negligent medical care occurred during his hospitalization in April 2017 (FAC 2,3.) Specif...

Excerpt: ...cated at 1475 Hillcrest Avenue, Tulare, California 93274 ("Subject Property.") (Complaint 93.) The Court notes this action is based on a three day notice to pay rent or quit. Defendant Rush could not, according to various declarations of diligence filed in this Court, be personally served with the summons and complaint. Thereafter, Plaintiff applied for and received an order from this Court to effectuate service via posting and mailing under Code...

Excerpt: ...y Defendant Jaidan Barajas. Plaintiff alleges parental liability against Defendant Angela Farias under Civil Code section 1714.1 Default as to these Defendants was entered on June 27, 2023. Defendants do not contest service of the summons and complaint. Defendants, on July 11, 2023, filed this motion for relief from default. Defendants instead indicate that Defendant Farias appeared at the case management conference on June 7, 2023 and indicates ...

Excerpt: ...entification number, IGNSCCKCXFR221867 ("Vehicle"). On or about the same day, for valuable consideration, the Agreement was assigned to Plaintiff. (UMF No. 1.) Plaintiff's lien on the Vehicle was perfected with the State of California Department of Motor Vehicles. (UMF No. 1.) Plaintiff advanced the funds that were secured by the Vehicle pursuant to the Agreement, thus its performance of the Agreement was filled. (UMF No. 2.) On or about April 10...

Excerpt: ...er on February 8, 2021. (Complaint 91.) Plaintiff Kristen thereafter presented to Defendant Kaweah Health after waking up on February 10, 2021 with reported numbness and an inability to walk. (Complaint 92.) Plaintiff alleges that she was treated by Defendants Defendant Laurie Hagopian-Dresser, DO and Defendant Matthew Henschel, DO while admitted for four days at Defendant Kaweah. (Complaint 96.) Plaintiff Kristen alleges a single cause of action...

Excerpt: ...d church-sponsored youth programs where Doe 5 was employed.. (Complaint "1 2, 3.) Demurring party Defendant Doe 1 is alleged to be a religious, non-profit corporation that concurrently hired, employed, oversaw, supervised, and controlled Doe 5. (Complaint "5, 19.) Plaintiff alleges Doe 1 owned, controlled, managed, oversaw, directed, and operated a variety of other services to its membership and others in the community including the youth mentors...

Excerpt: ...itioner Terra Bella Voice for Change filed its amended petition containing a single cause of action for violation of the California Environmental Quality Act ("CECA") as to the County of Tulare's ("County") approval of an addendum to the Terra Bella Community Plan Update Mitgated Negative Declaration on August 18, 2020 ("Addendum") and to set aside "any related findings, approvals, or other determinations made in reliance on the Addendum." (Amend...

Excerpt: ...t in support of punitive damages. The Court has found that the underlying allegations as to oppression are sufficient as to the renting of a room with knowledge of infestation of bed bugs. However, the Court granted leave to amend the prior pleadings specifically on the issue of the knowledge, ratification, authorization or direct conduct by Defendant's managing agent as to the oppressive conduct alleged. The second amended complaint, as to the m...

Excerpt: ...iability and damages phases. The County generally states that justice would be promoted by separating liability and damages because a jury may be emotional and sympathetic to Plaintiff as it hears testimony as to damages. The County further generally states that the estimated length of trial of 7 days could be reduced because "the issue of liability should not take seven (7) days to establish and would require less witnesses. In contrast, the dam...

Excerpt: ...filed an answer to the underlying complaint in this matter August 15, 2022. Defendant Bauer was also named in a cross-complaint filed October 13, 2022 and answered the cross- complaint on November 15, 2022. Bauer now moves to amend his answers. All parties have stipulated to the amendment seeking to add the affirmative defense of sudden emergency. Authority and Analysis The Court may, in the furtherance of justice, and upon any terms as may be pr...

Excerpt: ...ate Defendants from statutory immunity and/or prevent application of the rule set forth in Fettgather as to compliance with the underlying Business and Professions Code section 820 order; (2) To grant the special moton to strike as to the causes of action for defamation, medical malpractice (as it relates to the sending of the small claims pleadings) discrimination (as it relates to the same), retaliation, fraud, breach of fiduciary duty, conspir...

Excerpt: ...rnia 93274 ("Subject Property"). (Complaint 93.) On July 28, 2023, Defendant Melissa Ann Carrasco filed a motion for relief from default and to stay execution of the writ. At the hearing on August 1, 2023, the Court noted Defendant shall pay $1,600 by August 2, 2023 at 10:00 am to Plaintiff's counsel and if payment is made, the lockout is extended to September 1, 2023. On August 15, 2023, Defendant filed this motion to vacate the default judgment...

Excerpt: ...or failure to present evidence that Peninsula is an intended third party beneficiary; to stay the entire action pending the arbitration against Sonoco. Parties to appear at CMC to discuss the status of Peninsula Packaging, LLC. Background Facts Plaintiff brings this class action and PAGA case for various violations of the Labor Cuie. (Complaint.) Defendants Sonoco Plastics, Inc. and Peninsula Packaging, LLC ("Peninsula") (collectively, "Defendant...

Excerpt: ... 7.) Atkins disputes that it was not "advised" "upon commencement" but instead advised "after commencement" that it would be responsible for the fees at issue. (Disputed to UMF No. 6.) Atkins paid the fees under protest and then instituted this litigation to recover what it paid. (UMF No. 8.) At issue is the contract provision under 70-02 entitled "Permits, Licenses and Taxes" which states, in full: "The Contractor shall procure all permits and l...

Excerpt: ...aving obtained an order of this Court deeming various admissions admitted by Defendants, seeks summary adjudication as to the breach of contract and breach of guaranty causes of acton. As to Defendant Torres and the breach of guaranty cause of action, Plaintiff indicates that Torres signed an individual personal guaranty section as part of the Agreement with Defendant Juan Torres Constructon Inc. as to payment for rental of equipment from Plainti...

Excerpt: .... Plaintiff filed this action arising out of his former employment as assistant program director with Defendant Turning Point of Central California, Inc. (Complaint 94.) Plaintiff alleges that he was employed at Turning Point from September 5, 2017 through July 31, 2022. (Complaint 915.) Plaintiff states he is homosexual. (Complaint 917.) Plaintiff alleges that on June 1, 2022, Plaintiff was diagnosed with HIV. (Complaint 918.) Plaintiff indicate...

Excerpt: ...iner matter involves property located at 841 East Willow Avenue, Porterville, California 93257 ("Subject Property"). (Complaint 93.) The Court notes that the attachment to the complaint appears to indicate that this is an eviction after foreclosure sale. The form complaint used in this matter is expressly not for such actions under Code of Civil Procedure section 1161a. Additionally, the Court notes the complaint states one of the named Defendant...

Excerpt: ... all of which appear unrelated to rent. On May 16, 2023, Plaintiff filed a proof of service indicating personal service on Defendant Brown occurred on May 4, 2023. On May 17, 2023, this Court entered default and default judgment for possession only. On May 23, 2023, the writ of possession was issued. On July 26, 2023, Defendant filed an ex parte motion to vacate default judgment and/or stay the executon of the writ. On July 27, 2023, the Court st...

Excerpt: ...tter after Defendants' demurrer was sustained with leave to amend on July 10, 2023. The present motion is a single page followed by the proposed second amended complaint. Plaintiff's motion cites the federal rules of civil procedure. Authority and Analysis To start, Plaintiff's ex parte motion does not seek an order shortening time for the motion to be heard and Plaintiff fails to provide good cause for the basis for an ex parte motion. Second, t...

Excerpt: ...int Magaly Cobain and agents of Ancillary Legal Corporation as the Special Process Server to submit the summons, complaint and related documents including a notice of related case, court order re: consolidation, statement of damages and translations of these documents to the Central Authority in Mexico as authorized by the Hague Convention. In support, Exhibit A is the affidavit of Magaly Cobain, who indicates employment as a staff attorney for A...

Excerpt: ...auses of action. Plaintiff Mrs. Doe has alleged negligence against Sierra View and negligence and a number of intentional torts against Defendant Lopez as follows: 2. 3. 4. 5. 6. 7. 8. Negligence against Defendants Sierra View Medical Center ("Sierra View" and Leonardo Lopez ("Lopez"); Negligent supervision against Sierra View; Negligent hiring or retention against Sierra View; Intentional infliction of emotional distress against ü)pez•, Sexua...

Excerpt: ...tlement (Net Estimated: $24,845) The starting settlement amount is $343,000. Defendant previously paid $93,000 paid in connection with individual release claims via individual Pick-Up Stix agreements. Therefore, the gross settlement is $250,000. Plaintiff estimates approximately 250 to 275 proposed Class Members, prov-ding an estimated average payout of $90.34 per member. The Class Members consist of: "All current and former hourly-paid or non-ex...

Excerpt: ...in 2017, "in connecton with [Ramirez) becoming pregnant with [Gutierrez's) child," the parties entered an "express oral agreement to treat any earnings, income, and property acquired while they lived together, as jointly owned property." Gutierrez further alleges the parties agreed they would "account" to each other and "divide the proceeds equally" if they ended their relationship. Gutierrez's alleges that, incident to the parties' agreement, Ra...

Excerpt: ...action against a number of defendants, including moving parties (1) Roman Mancilla (2) Victor Hugo Casanova and (3) Marco Antonio Casanova for breach of contract, fraud, negligent misrepresentation, unjust enrichment and quantum meruit. On January 19, 2023, Plaintiff filed three proofs of service indicating substitute service as to (1) Roman Mancilla (2) Victor Hugo Casanova and (3) Marco Antonio Casanova occurred at 535 E. Bel Aire Dr., Dinuba, ...