Excerpt: ...ecause the demurrer is sustained, the court need not consider cross‐defendant's motion to strike. (1) Facts By this motion, Plaintiff SPAS seeks to substitute itself for proposed plaintiff Packwood. Packwood was the landlord for 4236 South Mooney Boulevard, Visalia, CA 93277 (the “Premises”). (Complaint ¶ 1.) Packwood, however, assigned all its rights under the Lease to Plaintiff SPAS. (Id.) Defendant leased the Premises from Packwood to o...

Excerpt: ... action and PAGA settlement, attorneys' fees, costs, enhancement award, LWDA payment and class certification for settlement purposes came on for hearing on July 14, 2022. The court finds and rules as follows: On February 28, 2022, the settlement administrator, Phoenix Settlement Administrators received a mailing list of 367 potential class members from Defendant's counsel with names, contact information, social security numbers and relevant emplo...

Excerpt: ... notice to pay rent or quit forms the basis for this action indicating past due rent of $874.00 due May 1, 2022. On May 24, 2022, the complaint was filed. On May 28, 2022, Plaintiff filed a proof of service indicating substitute service on Defendants occurred on May 28, 2022, with mailing thereafter on the same date. On June 28, 2022, default judgment was entered and the writ of possession was issued. Judgment was entered for possession only. On ...

Excerpt: ...ty on the contract and the corresponding award of attorneys' fees. Civil Code section 1717 provides, in relevant part: “In any action on a contract, where the contract specifically provides that attorney's fees and costs, which are incurred to enforce that contract, shall be awarded either to one of the parties or to the prevailing party, then the party who is determined to be the party prevailing on the contract, whether he or she is the party...

Excerpt: ... Defendant filed a separate quiet title action in Tulare County Superior Court Case No. VCU291975, involving title claims related to the property that is the subject of this action. Defendant did not file a notice of related cases in either this department, or the department to which the quiet title matter is assigned. (See Cal. Rules of Ct., rule 3.300.) On June 17, 2022, Defendant demurred to the unlawful detainer complaint, raising arguments b...

Excerpt: ...o response has been received by Plaintiff. Plaintiff now seeks to deem admissions nos. 1 through 10 admitted. Authority and Analysis Code of Civil Procedure section 2033.280 states that if a party to whom requests for admissions have been directed fails to serve a timely response, the propounding party may move for an order that the truth of any facts specified in the requests for admissions be deemed admitted. Here, Defendant has failed to serve...

Excerpt: ...nal distress and negligent infliction of emotional distress against Defendant Brian Soares. Plaintiff alleges, generally, that Defendant hit and kicked Plaintiff causing injury on December 10, 2019. Plaintiff filed this action September 10, 2021. Defendant was served personally December 6, 2021 and answered February 4, 2022. Defendant now seeks leave to file a compulsory cross‐complaint for assault, battery negligence, intentional infliction of...

Excerpt: ...nas Jacobo, an individual (collectively referred to hereinafter as “Plaintiffs”) filed this personal injury lawsuit stemming from a tractor‐trailer versus automobile accident that occurred on October 11, 2019, at approximately 3:00 a.m., on southbound SR‐ 99, south of the Avenue 384 overcrossing, in unincorporated Tulare County. Defendants Isaias Correa, Jr.'s And Correa Transportation, LLC's Answer was filed on July 9, 2021. Defendant Ju...

Excerpt: ...ase made in May 2020. Plaintiff then sued Defendant for breach of express warranty, breach of implied warranty and fraudulent inducement / concealment. Plaintiff filed a first amended complaint for the same causes of action to which Defendant demurred and sought to strike punitive damages. This Court overruled the demurrer and denied the motion to strike. In August 2020, Plaintiff propounded its “Set One” discovery requests. Defendant alleges...

Excerpt: ...Interfere with Civil Rights‐42 U.S.C. § 1985 2) Deprivation of Civil Rights‐§§ 51 (Unruh Act) and 52.1 3) Harassment (Unruh Act) 4) First Amendment Retaliation‐42 U.S.C. § 1983 5) Assault and Battery 6.) Negligence 7) Fraud 8. Negligent and Intentional Infliction of Emotional Distress 9) Taxpayer Suit under Code of Civ. Proc. § 526a. Here initial complaint contained 12 causes of action for 1) Conspiracy to Interfere with Civil Rights u...

Excerpt: ...Maurice (hereinafter collectively “City.”) Defendants note that the individual defendants were at all times relevant employees of City and acting within the course and scope of their employment. Plaintiff is seeking compensatory damages, punitive damages and injunctive and declaratory relief. The complaint apparently stems from incidents occurring February 2020, August 2020 and December 25, 2021. The complaint states Plaintiff “filed a clai...

Excerpt: ... 95‐year‐old woman with a medical history of dementia, memory loss, high blood pressure, prior stroke, congestive heart failure, hyperlipidemia, multiple falls, hip fracture, and subdural hemorrhage. Plaintiff is currently a resident of a skilled nursing facility and, as of April 1, 2022, needs assistance with all activities of daily living. She is currently wheelchair bound and unable to ambulate. She brings this lawsuit for elder abuse and ...

Excerpt: ...d at deposition, Plaintiff claimed to have suffered loss of consciousness, traumatic brain injury, memory defects and impairment, cognitive impairment, dizziness, head pain, “occipital neuralgia left sided,” headaches, and insomnia, amongst other injuries, resulting from the incident. The parties had previously scheduled a defense medical examination related to Plaintiff's claimed physical injuries for June 29, 2022 (which is not at issue her...

Excerpt: ...161a(b)(3). Request for Judicial Notice Evidence Code section 452(c) and (h), respectively, permit a court, in its discretion, to take judicial notice of the existence and recordation of real property records when the authenticity of the documents is not challenged. (See Alfaro v. Community Housing Improvement System & Planning Assn., Inc. (2009) 171 Cal.App.4th 1356, 1367, fn. 8, 1382.) Further, “a court may take judicial notice of the fact of...

Excerpt: ...expense reimbursement, accurate wage statement, waiting time and unfair competition claims against Defendants TD Contracting, Inc, Wawona Farm Co. LLC, Gerawan Farming and Kenneth Duerksen dba TD Contracting. Counsel for Plaintiff states that Arroyo is suffering from poor and deteriorating health to the point that he is no longer in communication with class counsel, Stansbury Brown Law, PC, cannot sit for his deposition and cannot fulfill his dut...

Excerpt: ... 6317.) Here, on or about June 26, 2018, the Divisoin issued Citation 1 to Petitioner alleging a violation of Title 8, California Code of Regulations (“CCR”) § 3314(c). (Petition ¶5.) The citation is classified as “Serious Accident‐Related”, and the Division proposed penalties of $18,000. (Petition ¶5.) The employer then has 15 working days from receipt of the citation to notify the Board that it wishes to contest the citation. (Labo...

Excerpt: ...ion filed May 4, 2022 by Avrek Law Firm entitled In the Matter of Castillo, Roberto, Case No. VCU291576. The documents filed with each case appear identical. Counsel is invited to clear up this issue at the hearing. Facts Petitioner is Robert Castillo, the father of the 12‐year‐old minor Carlos Castillo. Petitioner now brings a petition to approve the compromise of a settlement offer to the minor child. According to the Petition, on April 20,...

Excerpt: ..., attached to the complaint is signed by Craig Branco, as “Landlord or Landlord's Agent.' Defendant demurrers to this complaint on the basis that documents recorded regarding the Subject Property list stated that the Subject Property was as of 2016, transferred to “3‐B Ranch, a California general partnership.” Judicial Notice Defendant requests judicial notice of the following: 1. “The last recorded deed at the Tulare County Recorder's ...

Excerpt: ...allegedly misclassified him as an independent contractor in connection with driving services performed from June 2019 to March 2020. As part of this lawsuit, Plaintiff also filed a cause of action under Labor Code section 3706, which permits recovery against an employer for damages from injury when the employer fails to maintain applicable workers compensation coverage. Plaintiff filed a second action against the owner of the Carl's Jr, TWM Indus...

Excerpt: ... (“UMF”) No. 1.) England was originally hired by Defendant General Logistics System's predecessor in 2006 (UMF Nos. 3, 4, 5.) England was, at all times, an at‐will employee. (UMF No. 6.) Co‐Plaintiff David Johnson was, at all relevant times, over the age of 40. (UMF No. 2.) Johnson is England's father‐in‐law (UMF No. 8.) Steve Bergan held the positions of Vice President of Operations and Chief Operating Officer during the relevant per...

Excerpt: ...fees, costs, enhancement award, LWDA payment and class certification for settlement purposes came on for continued hearing on June 28, 2022. On September 15, 2022, the settlement administrator, Phoenix Settlement Administrators, received a data file of 95,724 potential class members from Defendant's counsel. However, Defendant did not have addresses for 59,287 of the 95,724 settlement class members and the administrator was unable to locate alter...

Excerpt: ...s, the motion to strike is moot based on the ruling on demurrer. Facts This case arises from Charles Hardiman's (“Decedent”) death while a patient/resident at Defendant Sun Villaidence Opco, LLC dba Sequoia Transitional Care's (“Sun”) skilled nursing facility located at 350 North Villa Street (the “Facility.”) Plaintiffs are the heirs and successors in interest to Decedent. Defendant Sun and Defendant Providence Group of California, L...

Excerpt: ... school. Both plaintiffs attended Golden West during the early 1980's. Doe 7024 alleges he was sexually abused by one of his teachers, Michael Cardoza. Plaintiff Jeffry Rivera alleges he was sexually abused by another teacher, Kenneth Walters, and that Michael Cardoza also attempted to sexually abuse him. Cardoza and Rivera are now deceased. Plaintiffs allege causes of action against the District and Does for negligence, negligent supervision, an...

Excerpt: ...allegedly misclassified him as an independent contractor in connection with driving services performed from June 2019 to March 2020. As part of this lawsuit, Plaintiff also filed a cause of action under Labor Code section 3706, which permits recovery against an employer for damages from injury when the employer fails to maintain applicable workers compensation coverage. Plaintiff filed a second action against the owner of the Carl's Jr, TWM Indus...

Excerpt: ...fees, costs, enhancement award, LWDA payment and class certification for settlement purposes came on for continued hearing on June 28, 2022. On September 15, 2022, the settlement administrator, Phoenix Settlement Administrators, received a data file of 95,724 potential class members from Defendant's counsel. However, Defendant did not have addresses for 59,287 of the 95,724 settlement class members and the administrator was unable to locate alter...