Excerpt: ...ions of Business and Professions Code section 17200, based on their purchase of a 2022 Honda Civic. On March 28, 2022, Defendants filed a demurrer to the fourth cause of action. Authority and Analysis A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) When considering demurrers, courts read the allegations liberally and in context, accepting the alleged facts as true. ...

Excerpt: ... retaliation as to the allegations of “insurance fraud, waste of resources recruited pt base, privacy breach, civil rights violations, harassment.” Plaintiff shall have 10 days to amend this cause of action and these specific issues. The Court overrules the demurrer as to the second cause of action for retaliation as to the OSHA issue. This mirrors the Court's first ruling on demurrer. The Court overrules the demurrer as to the third through ...

Excerpt: ...ustee, appointing a successor trustee, dismissing the petition and retaining jurisdiction under Code of Civil Procedure section 664.6 to enforce the terms of the settlement agreement attached to the order. The material terms at issue are found in section 4.1 of the Settlement Agreement. Pursuant thereto, Respondents shall pay Petitioners $750,000.00 in installments as follows: 1) 75% of the net proceeds of the sale of 20650 Agnes Lane, which “s...

Excerpt: ...ot file for a second time the moving papers and declarations that are already on file with the Court. The hearing on this matter is continued to June 16, 2022 at 8:30 a.m.in Department 1 of this court. Case management conference is likewise continued to June 16, 2022 at 8:30 a.m. in Department 1. 1. Sufficiency of Amount of Settlement (Net Estimated: $2,180,000.00) The gross settlement amount is $3,925,000.00. Plaintiffs estimate approximately 1,...

Excerpt: ...r coordinating the actions under Code of Civil Procedure section 403 and further “order the cases consolidated for trial pursuant to Section 1048 without any further motion or hearing.” (Code Civ. Proc. § 403.) Facts This matter involves two cases, one whose venue is Tulare and the other Merced. In or around June 2019, Plaintiff Victor Lopez (“Plaintiff”) was hired by Defendant Kulwant Gadri dba Gadri Farms (“Gadri”) as a driver. Pla...

Excerpt: ...are already on file with the court. The Court does grant the leave requested to file the First Amended Complaint and deems it filed as of the date of this hearing. Accordingly, the motion to approve the settlement pursuant is preliminarily denied without prejudice. The hearing on this matter is continued to May 31, 2022 at 8:30 a.m.in Department 7 of this court. Case management conference is likewise continued to May 31, 2022 at 8:30 a.m. in Depa...

Excerpt: ...ward, LWDA payment and class certification for settlement purposes came on for hearing on April 26, 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 alternative address information for thos...

Excerpt: ...e of $3,104 in cash found in a black zippered back on the driver seat of a vehicle of a known drug dealer Alishia 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...

Excerpt: ...sult, moot. This case arises from plaintiff/cross‐defendant Central Valley Resource Recovery, LLC's (CVRR) breach of contract action against the City of Tulare (City) concerning CVRR's March 2015 contract with the City for removal of biosolids from the City's wastewater treatment plant. The City has cross‐complained against CVRR and third‐parties Patrick McLafferty and Hydros Agritech Inc. (Hydros) alleging various claims sounding in fraud ...

Excerpt: ...duty and tenth cause of action for breach of duty of loyalty; to overrule the demurrer as to the twenty‐first cause of action for unfair competition against Love Plaints; to overrule the demurrer as to the fourteenth through twenty fifth‐ causes of action based on inconsistent fact pleading. Case Management Conference is continued to June 23, 2022; 8:30 am; D1. To sustain the demurrer with leave to amend as to the third cause of action for vi...

Excerpt: ...ies 1, 2, 3, 4 and 14 only of the enumerated list on page 14 of the motion. The Court will further permit document production prior to the depositions. Sinclair shall produce documents responsive to Nos. 53, 58, 59, 60 and 61. Platt shall produce documents responsive to Nos. 53, 56, 58, 59. However, all production shall be limited to the period of time from January 1, 2019 through July 31, 2020. Facts On May 23, 2021, Plaintiff/Cross ‐Defendant...

Excerpt: ... subcontractors to develop and/or construct the homes. Per their subcontracts, the subcontractors were required to name Centex as an additional insured on their general liability policies of insurance. Centex brings this motion for leave to file an amended cross‐complaint to name an additional four subcontractor insurance carriers, add subcontractor insurance policies issued by existing parties, and the correction of minor errors such as incorr...

Excerpt: ...o quit for breach of covenants for material breach of the rental agreement based on violations of an occupation limit and no pets term. On March 8, 2022, Plaintiff filed this complaint. On March 22, 2022, the Court ordered Plaintiff to be permitted to serve Defendant Julie Musgrave by posting and mailing. However, on March 23, 2022, a proof of service filed indicates Defendant was served personally with the summons and complaint. On April 1, 2022...

Excerpt: ...d Defendant with a “Three Day Notice to Pay Rent or Quit” (the “Notice”) for rent due October 1, 2021 through March 31, 2022. The Notice demands a total of 5,200.00 in past due rent. The Notice states: “$1,300 for Jan, Feb, March 2022 [¶] Possibly fo [sic] April 2022 1,300 [¶] so total of $5,200.” (Complaint – Exhibit 2.) On April 4, 2022, Plaintiff filed the complaint. On April 7, 2022, Defendant Genaro Tablas was served with the...

Excerpt: ...ipulation, Defendant hereby waives any and all requirements for a Motion for Entry of Judgment on this Stipulation;” and “11. The parties agree that upon execution and return of the Stipulation along with the first payment due under the monthly payment plan, Plaintiff shall file a conditional notice of settlement or dismissal of the action. If a dismissal of the action is to be filed, the parties agree that the Court shall retain jurisdiction...

Excerpt: ...n file with the Court. The hearing on this matter is continued to June 23, 2022; 8:30 am; D1. Case management conference is likewise continued to June 23, 2022; 8:30 am; D1. 1. Sufficiency of Amount of Settlement (Net Estimated: $1,170,833.33) The gross settlement amount is $1,850,000.00 Plaintiffs estimate approximately 612 proposed Class Members with an average payment of approximately $1,800.00. The Class Members consist of: “current and for...

Excerpt: ...ff calendar. Plaintiff's motion for final approval of class action and PAGA settlement, attorneys' fees, costs, enhancement award, LWDA payment and class certification for settlement purposes came on for hearing on April 14, 2022. On September 17, 2022, the settlement administrator, Simpluris, Inc., received a mailing list of 1,758 potential class members from Defendant's counsel with names, contact information, social security numbers and releva...

Excerpt: ...l termination, negligent infliction of emotional distress, intentional infliction of emotional distress and for declaratory relief. Plaintiff filed this case on December 8, 2021 against Defendant Porterville Unified School District. Plaintiff filed a proof of service indicating that service of the summons, complaint and related required documents took place on December 14, 2021 at 11:15 am through personal service on “Arietta Ruiz – Administr...

Excerpt: ... negligence, negligent infliction of emotional distress and willful misconduct regarding the manner, method and person with whom Plaintiff's children were placed. The Court previously sustained a demurrer to the complaint for failure to plead compliance with the Government Tort Claims Act. Plaintiff, in the First Amended Complaint, now pleads, as to the compliance issue that: “On December 01, 2020 Daniella Trevino submitted a claim for one mill...

Excerpt: ... or Quit with Blank Declaration of Covid‐19 Related Financial Distress (Rent Due September 1,2020 ‐ September 30, 2021.) This first notice was served January 28, 2022. The second notice is a “Notice to Pay Rent in 3‐Days or to Quit (Vacate) and Surrender Possession of the Premises in 30 Days (Covid‐19 Recovery Period for Rents due from October 1,2021 to March 31,2022; CARES ACT Premises.) This second notice was served January 28, 2022. ...

Excerpt: ...mon to All Motions This matter was originally two cases which have since been consolidated. The Plaintiff is the same in both cases and the cases share Defendant Theodore Jeske. On the first case, Case No. VCU284337, Plaintiff, on February 26, 2021, served Form Interrogatories, Set One, Special Interrogatories, Set One, and Requests for Production of Documents, Set One on Defendant Theodore Jeske through his counsel at that time Joseph M. Simoes....

Excerpt: ...ffs' ex parte application for writ of possession. Plaintiffs applied for an ex parte writ of possession on November 5, 2021 and obtained an order for writ of possession and the writ of possession on November 9, 2021. On January 25, 2022, Defendant filed a motion for relief from entry of default, which this Court granted. Plaintiffs did not seize the gym equipment pursuant to the issued writ until February 26, 2022. Defendant filed this Motion to ...

Excerpt: ...ndebted to Plaintiff, that within the last four years, that Plaintiff lent Defendant money at Defendant's request and that the amount due is $26,924.80 (Complaint Page 3 CC‐1(a)(1),(2), CC‐1(b)(4),(5),(6), and CC‐4.) Defendant's Answer denies all allegations and sets forth a number of affirmative defenses. Plaintiff now files for summary judgment on its two causes of action. Plaintiff timely filed and served its papers in support of this mo...

Excerpt: ...valuation of Plaintiff Samreen Riaz arising out of her workers compensation claim. The causes of action in the Complaint include: (1) Medical Malpractice (Code Civ. Proc, § 340.5); (2) Unprofessional Conduct (Violation of Business and Professional Code); (3) Professional Negligence; (4) Fraud and Misrepresentation; (5) Civil RICO 18 U.S.C. § 1964; and (6) Vicarious Liability. Plaintiff seeks punitive damages and attorneys' fees. Defendant now d...

Excerpt: ...6, 2022. (Therefore, both summary judgment motions will be heard on May 16, 2022.) Facts In its Second Amended Complaint, Plaintiff alleges defendants Koetsier, Rodriguez and Villegas failed to provide necessary insurance coverage. The Second Amended Complaint also added Doe Defendants Hooper, Spuhelr & Sturgeon Insurance Services, Hooper and Muller. The period for regular discovery closed on October 28, 2021 with expert disclosures and discovery...