Excerpt: ...n accompanying the motion for set two is unsigned and undated. As to set one, on January 14, 2022, Petitioner Angelica Davis timely served Request for Admissions, Set One, Numbers 1 through 13 on Respondent Roy Benavides, Jr, via United States Mail to his home address, 32745 Grand View Street, Visalia, California 93291, which is the address listed on his objection filed in this matter. Responses were due February 18, 2022 as to both sets. Petitio...

Excerpt: ...lass action and PAGA settlement, attorneys' fees, costs, enhancement award, LWDA payment and class certification for settlement purposes came on for hearing on March 24, 2022. Between November 8, 2021 and November 16, 2021, the settlement administrator, Phoenix Settlement Administrators, received three data files containing 2,998 names, contact information, social security numbers and relevant employment information of class members. On November ...

Excerpt: ...x‐parte motion filed in VCL 196905 will be heard in D1. Facts Plaintiffs Marie Soto and David Weinberger filed this action for battery, assault, negligent, and IIED on June 25, 2021 against Defendants Aurelia Rocha, Ernest Rocha, Melissa Castro and Christopher Castro. A notice of related case was filed June 25, 2021 and again on January 27, 2022 indicating Case No. VCL 196905 involve the same parties and is based on the same of similar claims a...

Excerpt: ...021, Defendant served a subpoena on Synchrony of Visalia for Plaintiff's medical records. Synchrony refused to produce any records without a signed HIPAA authorization from Plaintiff. Plaintiff, however, refuses to sign the authorization. Authority and Analysis Code of Civil Procedure section 1987.1, subdivision (a) provides: “If a subpoena requires the attendance of a witness or the production of books, documents, or other things before a cour...

Excerpt: ...nd water tank, from interfering by constructing a fence to prevent access to the trees and to remove a chain link fence erected, with the posts to remain. Plaintiff's Verified Complaint seeks to establish, relevant to this Motion, a prescriptive easement and adverse possession claims related to a single row of 60‐year‐old olive trees, a water tank and a well (“Subject Area.”) Plaintiff's declaration indicates she is the current owner of 2...

Excerpt: ...greed he was indebted to Plaintiff, that within the last four years Plaintiff lent Defendant money at Defendant's request, and that the amount due is $5,175.35 (Complaint Page 3(a)(1),(2) and (b)(4)(5).) Defendant's Answer admits all allegations. 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 pursu...

Excerpt: ...sor Trustee of the Margo M. Tressler Revocable Living Trust, issued a subpoena duces tecum for the appearance of Adult Protective Services (“APS”) social worker Jennifer Rodriguez at the evidentiary hearing and for Ms. Rodriguez to produce APS records at the hearing. Petitioner Tulare County moves ex parte to quash the subpoena on grounds that APS records, as well as the identity of a reporting party, are confidential and remain confidential ...

Excerpt: ... Meyers and notes “Defendant was the previous owner of the subject Property and not a tenant or sub‐tenant” (Complaint ¶5.) While Plaintiff names Does 1 through 10, there are no allegations as to any Doe Defendants as tenants of the Subject Property. Plaintiff, on February 9, 2022, served a written “Three and Ninety Day Notice to Quit” providing three days to quit and deliver possession as former owner and 90 days to a “tenant pursua...

Excerpt: ...utions and Dynamic Integrated Systems Solutions Corp. filed and served, as to each Defendant, the following, in support of his request to withdraw as counsel: (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, Counsel Kadin has filed proofs of ser...

Excerpt: ...GA settlement, attorneys' fees, costs, enhancement award, LWDA payment and class certification for settlement purposes came on for hearing on March 17, 2022. On October 22, 2021, the settlement administrator, Phoenix Settlement Administrators, received a data file containing 117 potential class members from Defendant's counsel with names, contact information, social security numbers and relevant employment information. On December 15, 2021, the a...

Excerpt: ...number of subcontractors. Cross‐Defendant Hornsby has filed a Motion for good faith settlement under Code of Civil Procedure section 877.6(a)(1). Cross‐Defendant Hornsby performed framing, drywall/sheetrock, concrete foundation and/or concrete flatwork for 67 homes at issue in this case. This settlement was reached during mediation with the special master. This settlement appears to be the fruit of arms‐length negotiations between the Cross...

Excerpt: ... was indebted to Plaintiff, that within the last four years, Plaintiff lent Defendant money at Defendant's request and that the amount due is $10,534.42 (Complaint Page 3(a)(1),(2) and (b)(4)(5).) Defendant's Answer admits all allegations. 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 ...

Excerpt: ...on, harassment/hostile work environment, failure to prevent discrimination, retaliation and for declaratory relief arising out of her former employment with Defendant Proteus. Plaintiff alleges she was hired around 2015 as a program development associate. (FAC ¶9.) Plaintiff alleges she was granted protected Family Medical Leave Act leave of absence from approximately 12/2020 through 2/2021. (FAC ¶10.) While on leave, Plaintiff alleges that “...

Excerpt: ...�Corporation”), by Petitioner Jesus Zamora, as follows: “stock certificate book, a stock register, a journal showing its business transactions, ledgers into which the transactions are posted, and a record of the meetings of the board of directors, minutes from shareholder meetings, minutes from Board of Director Meetings, ledgers and/or journals reflecting ownership of shares, notices of meetings, actions taken by written consent of the Corpo...

Excerpt: ...dant, that Defendant used to make transactions, received periodic billing statements, that Defendant defaulted on the account after making a payment on February 3, 2020 and that the balance charge off amount was $12,527.33. (Complaint ¶6, 7, 8, 16, 18, 20, 22, 23, 24, 26.) Defendant's Answer admits all allegations. Plaintiff states that counsel attempted to contact Defendant regarding this Motion in accordance with Code of Civil Procedure sectio...

Excerpt: .... Plaintiff was referred to Needham by her psychiatrist. Plaintiff has sued Needham and a number of entities related to Kaweah Delta (“Kaweah Defendants.”) for professional negligence (first cause of action), intentional infliction of emotional distress (second cause of action), battery (third cause of action), sexual battery (fourth cause of action), sexual conduct by a therapist (fifth cause of action), breach of fiduciary duty (sixth cause...

Excerpt: ...s Motion is Defendants' request to conduct a second medical examination after Plaintiff underwent “spinal cord simulator trial” surgery after the initial medical examination. Plaintiff alleges the injury occurred June 15, 2019. Plaintiff filed this matter April 24, 2020. Plaintiff has been diagnosed with Complex Regional Pain Syndrome (CRPS), and as a result allegedly suffers from daily and constant pain throughout her body, specifically on h...

Excerpt: ...section of Inyo and South “E” Street in Tulare County involving disputed liability over which driver ran the red light. At issue presently is the inadvertent failure of Defendant's counsel to file Defendant's cross‐complaint with Defendant's answer. Defendant is represented through her insurance carrier in defense of this lawsuit and separate counsel on her proposed cross‐complaint. Plaintiff filed this lawsuit on August 18, 2021. Defenda...

Excerpt: ...ass action and PAGA settlement, attorneys' fees, costs, enhancement award, LWDA payment and class certification for settlement purposes came on for hearing on March 10, 2022. Between July 26, 2021 and August 17, 2021, the settlement administrator, Phoenix Settlement Administrators received a mailing list of 417 potential class members from Defendant's counsel with names, contact information, social security numbers and relevant employment informa...

Excerpt: ... high school where she was taught by Garrett Weese, a former employee of Defendant Visalia Unified School District (“Defendant District” or “District”) Plaintiff brings this action against District for (1) sexual harassment under Civil Code sections 51.9 and 52; (2) breach of mandatory duty under Education Code sections 200 and 201; (3) negligent supervision and retention; (4) breach of mandatory duty: failure to report suspected child ab...

Excerpt: ...tements were made orally and in writing that “there was Domestic Violence and Substance abuse on top of not being able to provide a home for our children…” (Complaint 1:15‐16.) These statements apparently resulted in an “order…for the court to award the custody of our minor children to the care and management of Social Services.” (Complaint 1:20‐ 21.) Defendant demurs on the grounds that the Complaint fails to allege compliance wi...

Excerpt: ...ement, the parties had some issue regarding the transfer that resulted in Plaintiff suing Defendant for quiet title, financial elder abuse, breach of contract, declaratory relief, fraud and unjust enrichment. The parties attended mediation and settled their dispute the first time in or around March 2020. The basic terms of this settlement at mediation required Defendant to pay Plaintiff $16,000 within 120 days. After receipt of payment, Plaintiff...

Excerpt: ... C. Johnson at Defendant's request. Plaintiff alleged damages in the amount of $7,250.38. Defendant answered the complaint on November 4, 2020. On March 11, 2021, Plaintiff moved this Court to deem admitted requests for admissions, set one, numbers 1 through 5. On May 13, 2021, the Court adopted its tentative ruling, deeming admitted the truth of each matter specified in requests for admissions numbers 1 through 5. These requests, now admitted, a...

Excerpt: ...ecember 30, 2021, defendant/cross‐complainant Ihssan Alqudah (Alqudah) filed a first amended cross‐complaint in this action alleging fraud and misrepresentation against plaintiff/cross‐defendant SPAS Center Outparcel, LLC (SPAS) after this court sustained a demurrer to that cause of action by SPAS. The sole other cause of action from the initial complaint, a breach of contract claim, was previously stricken by this court on motion by SPAS. ...

Excerpt: ...ion. In her application, petitioner claimed inability to performance her job duties as an OB‐GYN nurse practitioner for the County of Tulare due to industrial cumulative injury caused by repetitive work involving bending the wrists, repetitive strain, and industrial injury relating to computer use in a poor ergonomic work environment. 1. Background Petitioner initially reported symptoms of her medical condition to her employer on or about Janua...