Excerpt: ...ar days before the conference. Defendant filed a notice of settlement of entire case on October 1, 2021. On December 7, 2021, plaintiff moved to “vacate” the notice of settlement, maintaining plaintiff had not accepted defendant's settlement proposal, which apparently precipitated filing of the settlement notice. On January 18, 2022, defendant submitted a declaration by a paralegal employed by its counsel averring the settlement notice was fi...

Excerpt: ...ndar. Hearing on Final approval is set for July 14, 2022; 8:30 am; D1. This motion for preliminary approval of class action settlement returns for hearing following a prior continuance to allow filing of supplemental declarations as to the proposed class‐enhancement payment to plaintiff, plaintiff's cost reimbursement request, and the proposed cy pres recipient. Plaintiff submits a supplemental declaration, including an estimate of the amount o...

Excerpt: ...f a parallel felony criminal case against her (Tulare County Superior Court Case No. PFC411371) involving the same event: a fatal motor vehicle collision on April 17, 2021. Defendant contends, in support of her motion, that, as part of defendant's defense to the civil action, she will be subject to written discovery demands, and will undoubtedly be examined at deposition under oath, forcing her to assert her Fifth Amendment rights against self‐...

Excerpt: ...or sale by defendant Lawrence Tractor Company (Lawrence). Plaintiff additionally asserts claims against Lawrence based on its alleged failure to properly service the tractor. Lawrence moves for summary judgment, contending plaintiff has failed to identify any defect found in the tractor, and that plaintiff has not and cannot establish the tractor was the cause of the accident or any negligence on the part of Lawrence. Pursuant to subdivision (c) ...

Excerpt: ... the property at a trustee sale on December 28, 2021. Plaintiffs commenced this action on January 3, 2022, by way of a complaint alleging claims of fraudulent concealment, intentional misrepresentation, violation of the Homeowner's Bill of Rights and Business and Professions Code sections 17200 et seq., and wrongful foreclosure. Plaintiffs additionally seek cancellation of security instruments encumbering the property and to quiet title in them a...

Excerpt: ...at email correspondence between Plaintiff's counsel and Defendant's counsel appears to indicate Defendant's counsel no longer represents Defendant. However, the Court has not received a substitution of attorney or motion to withdraw from Defendant's counsel. Plaintiff Francisca Cuevas (“Francisca”), based on the Settlement Agreement attached as Exhibit A and filed with the Court August 19, 2020, alleges that Defendant Mary Correa (“Mary”)...

Excerpt: ... 2021. Here, SPAS seeks $7,620.00 in attorneys' fees representing chiefly 38 hours at $195 per hour spent “researching case law, reviewing case files, drafting moving papers, preparing exhibits, reviewing the tentative ruling, preparing for the hearing, attending the hearing, reviewing time diaries, reviewing cost diaries, drafting a demand letter, and drafting this motion and accompanying papers.” SPAS has not submitted an itemized or detail...

Excerpt: ...ieved as Counsel On January 25, 2022, Defendant's Counsel Jerry Casheros filed an ex parte motion for an order shortening time to be relieved as counsel as to Defendant Jacqlyn Smith Habib. On January 25, 2022, the Court set this hearing for February 8, 2022. Thereafter, on January 26, 2022, Defendant's counsel filed the following with respect to withdrawing: (1) MC‐051 ‐ Notice of Motion and Motion to be Relieved as Counsel; (2) MC‐052 –...

Excerpt: ...filed September 9, 2021 for harassment, retaliation, failure to prevent discrimination, harassment and retaliation and sexual battery against Defendants Pridestaff, Inc., Kraft Heinz Food Company LLC and Dennis Prillwitz (“Defendants.”) Defendant Pridestaff answered the complaint on November 2, 2021. Defendant Kraft answered the complaint on December 1, 2021. Defendant Prillwitz does not appear to have appeared yet in this matter. Defendants ...

Excerpt: ... one thousand” class members. The Class Members consist of: “All non‐exempt, hourly‐paid employees employed by Defendant from approximately October 22, 2016 through the date of preliminary approval.” This settlement also resolves Plaintiff's PAGA claims for Class Members who worked as nonexempt, hourly‐paid employees of Defendant from July 27, 2019 through the date of preliminary approval. Plaintiff provides estimates of the maximum r...

Excerpt: ..., the enhancement award to Plaintiff, attorneys' fees, counsel as adequately experienced, the unclaimed proceeds and the release. Counsel has submitted a supplemental declaration addressing the following issues. Class Notice Objections or opt out notices are to be made within 60 days. The Court regularly approves notice periods of 60 days or longer. The Court preliminarily approves the class notice period. Costs Attorneys' fees of 33 1/3% of the ...

Excerpt: ...employed and working for Defendant. Defendant alleges causes of action for negligence, intentional tort, premises liability and products liability and seeks punitive damages. Defendant demurs on the basis that California's workers compensation program provides an exclusive remedy to Plaintiff and that Plaintiff has already received his workers compensation benefits. Defendant also seeks to strike Plaintiff's claim of punitive damages. Authority a...

Excerpt: ...entered a 12‐month lease for $1,280.00 rent per month. (Complaint ¶ 6.a.(1), (2).) The lease was entered into September 11, 2020. (Complaint ¶ 6.a.) Defendants are alleged to have failed to pay the rent due on October 1 and November 1, 2021. (Complaint – Exhibit 2.) A three‐day notice to pay rent or quit was served November 24, 2021. (Complaint – Exhibits 2, 3.) Plaintiff filed this action on January 19, 2022. The Mandatory Cover Sheet ...

Excerpt: ...7 bankruptcy protection in 2018. In 2019, Defendant filed for personal bankruptcy protection under Chapter 13, but did not list Plaintiff as a creditor. On January 8, 2021, Plaintiff successfully obtained relief from the automatic stay to enforce the personal guarantee against Defendant. On May 26, 2021, Plaintiff filed this action for breach of the guaranty. Defendant was served on June 15, 2021. Defendant failed to file a responsive pleading. T...

Excerpt: ...notice. To impose sanctions totaling $2,450 for all three motions against Defendant. Facts Common to All Discovery Motions This matter involves a subdivision agreement between the Plaintiff City of Tulare and Defendants Del Lago Place. Plaintiff filed its complaint for breach of contract, promissory fraud, breach of implied covenant of good faith and fair dealing, enforcement of its performance bond and breach of utility contract. Plaintiff alleg...

Excerpt: ...rn and northern portion of the Subject Property containing equestrian facilities. (“Life Estate Property.”) Since 2012, Defendant has operated Sequoia Hills Stables on the Life Estate Property. The life estate notes Defendant “shall have the exclusive use and enjoyment” of the Life Estate Property. At issue here is access via a driveway (“Subject Driveway”) on the northern edge of the Subject Property and located within what appears t...

Excerpt: ...00.00. Plaintiffs estimate approximately 105 members of the “Independent Contractor Class” with an average payment of approximately $5,244.76 and 139 members of the “Company Driver Class” with an average payment of approximately $990.47. The Independent Contractor Class in this action consists of persons who directly signed a contract with Defendant and performed services for Defendant within the State of California, but were classified a...

Excerpt: ...viously been continued to January 13, 2022 from the initial hearing date of December 23, 2021 for the parties to meet and confer to address disputes concerning the content of the class notice. At the December 23, 2021 hearing, the court adopted its tentative ruling in which this court: (a) held that class notice is appropriate (Cal. Rules of Court, rule 3.766); (b) directed the parties to meet and confer regarding disputes over the content of the...

Excerpt: ...s court granted a prior motion to strike allegations regarding punitive damages from the initial complaint. The allegations of the initial complaint supporting plaintiff's punitive damages claim are summarized as follows: Defendant, while driving a semi‐truck with loaded trailers, collided with a UPS truck driven by plaintiff's father, causing serious injuries ultimately resulting in his death. A camera installed in defendant's truck captured t...

Excerpt: ...r and received a credit loan via a written loan agreement. (UMF Nos. 1, 9.) Plaintiff, at the direction of Defendant, disbursed the loan amount by check to Defendant. (UMF Nos. 2, 10.) Defendant agreed to be bound by the terms of the agreement and promised to pay the amount advanced along with interest. (UMF No. 3, 11) Defendant received billing statements, yet failed to produce any evidence indicating that Defendant disputed any portion of any b...

Excerpt: ...r vehicle collision. Plaintiffs have sued for motor vehicle negligence, general negligence, negligent infliction of emotional distress and loss of consortium and seek recovery for “personal injuries and have incurred and continue to incur hospital and medical expenses for treatment and services for their injuries and general damages.” Defendants, prior to service of the subpoenas at issue, served discovery on each Plaintiff. Plaintiff Beatriz...

Excerpt: ...na grow. Over 8,000 plants were recovered in addition to 75 lbs. of processed or semi‐processed marijuana. The Generator's seized had no identification or serial numbers and detectives could not find any proof of ownership. On July 29, 2020, Plaintiff filed its Petition for Forfeiture. On October 14, 2020, Claimant Jie Chun Wu (“Claimant”) filed a claim opposing forfeiture as to the Generators. On June 29, 2021, Plaintiff served discovery r...

Excerpt: ... 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 February 28, 2022 at 8:30 a.m.in Department 2 of this court. The status conference and trial setting conference are likewise continued to February 28, 2022 at 8:30 a.m. in Department 2. 1. Sufficiency of Amount...

Excerpt: ...d proof of submission of the settlement to the LWDA. The 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 February 28, 2022 at 8:30 a.m.in Department 2 of this Court. 1. Sufficiency of Amount of Settlement (Net Estimated: $118,083.33) The...

Excerpt: ... faith and fair dealing. Facts In her first amended complaint, Plaintiff pleads causes of action for violation of the Fair Housing Act and California Fair Employment and Housing Act, bad faith breach of contract and financial elder abuse. Plaintiff's claims are based upon an issued insurance policy, which Plaintiff alleges “expressly contemplates insurance coverage for an owner using the insured property as a rental unit for residential purpose...