Excerpt: ...fendant August 27, 2021. Defendant's Notice of Entry of Judgment, and the accompanying proof of service, was filed September 10, 2021. Defendant's Memorandum of Costs and accompanying points and authorities were served by mail September 9, 2021. (No e‐service was utilized pursuant to the proof of service.) Pursuant to California Rule of Court 3.1700(b), any motion to tax costs must be served and filed 15 days after service of the cost memorandu...

Excerpt: ...roperty owned by Defendants Welcome Group Inc. (“Welcome”) and Hotel Circle GL Holding, LLC (“Hotel”) on or about September 22, 2020. Plaintiff filed her complaint on March 3, 2021, naming initially only Welcome. Welcome answered on April 19, 2021. Hotel was added in September 2021 and answered on September 29, 2021. Defendants Welcome and Hotel claim that review of discovery, depositions and other information related to this case have re...

Excerpt: ...nts executed a written agreement to lease the subject property via a month to month tenancy. The complaint notes the tenancy is subject to the Tenant Protection Act of 2019 and that the tenancy was terminate for an at‐fault just cause under Civil Code section 1946.2(b)(1). ‘ A three‐day notice to perform covenants or quit was delivered personally to Defendants on October 6, 2021 for violations of the right of entry and inspection, for viola...

Excerpt: ...dants executed a written agreement to lease the subject property via a month to month tenancy. On October 14, 2021, the complaint was filed and notes that the tenancy was terminated via a three (3) day notice to pay rent or quit, served September 10, 2021 (“Notice.”) The Notice indicates rent in the amount of $1,010 was due for the period July 1, 2021 through September 1, 2021. Along with the complaint, the verification regarding rental assis...

Excerpt: ...d came on for hearing on November 16, 2021. The court finds and rules as follows: On or May 22, 2021, the settlement administrator received a mailing list of 104 potential class members from defendant's counsel with names, contact information, social security numbers and relevant employment information. The administrator processed the names through the National Change of Address Database and updated the list with any updated addresses located. Cl...

Excerpt: ...t inducement. FCA claims plaintiff is contractually obligated to arbitrate his causes of action pursuant to the terms of an arbitration agreement between plaintiff and the selling dealer, Porterville Chrysler Jeep Dodge (Porterville). The arbitration agreement states, in part: “Any claim or dispute, whether in contract, tort, statute or otherwise (including the interpretation and scope of this Arbitration Provision, and the arbitrability of the...

Excerpt: ...plaintiff's motion has been filed. The Court finds as follows: The settlement administrator received an electronic list of 7,755 potential class members from defendant's counsel with names, contact information, social security numbers and relevant employment information. The administrator processed the names through the National Change of Address Database and updated the list with any updated addresses located. Class notice was sent by mail Septe...

Excerpt: ...17, 2021. In its ruling on September 13, 2021, this Court noted “The court is circumspect, however, in awarding fees for Mr. Grace's legal services provided to his wife and what, this court assumes, are entities owned and/or controlled entirely by Mr. and Mrs. Grace. The court believes there is reason to doubt the arms length nature of this arrangement, particularly as Mr. Grace's valuation of his services is based on [a single occasion in 2003...

Excerpt: ...19 against named defendants Koetsier, Rodriguez and Villegas, and “Does 1‐20,” alleging the defendants failed to provide necessary insurance coverage for plaintiff's business. The action arose after plaintiff learned of a potential discrimination claim by an employee and was told it did not have coverage for the claim. Code of Civil Procedure section 474 permits a plaintiff who is ignorant of the name of a defendant to designate the defenda...

Excerpt: ...gligent infliction of emotional distress and willful misconduct regarding the manner, method and person with whom Plaintiff's children were placed. The Court notes that no opposition has been filed to the demurrer. Standard of Review on Demurrer 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 (2002) 97 Cal.App.4th 209, 220. To s...

Excerpt: ...de §1793.2(b); (3) violation of Civil Code §1793.2(a)(3); (4) breach of express written warranty – Civil Code §§1791.2(a), and 1794; (5) breach of implied warranty of merchantability – Civil Code §§1791.1 and 1794 and (6) fraud by omission. Plaintiff pled causes of action (1), (2), (3), (4) and (6) against manufacturer Defendant FCA US, LLC (“FCA”), suing Defendant Porterville Chrysler Jeep Dodge Ram for cause of action (5). Defenda...

Excerpt: ...bject of this action; and (b) to take over the business of Magnolia Park, LLC operating an assisted living facility at one of the properties, but only after the receiver (or anyone on the receiver's behalf) obtains “an appropriate license … from the State of California Department of Social Services.” Plaintiffs argue, in their points and authorities, that new facts and circumstances are present incident to a Covid‐19 outbreak at the facil...

Excerpt: ...otice of Termination of Tenancy Due to Withdrawal of Property from the Rental Market” (“Notice”) to be posted and mailed on May 12, 2021. The Notice provided 60 days notice, set to expire July 13, 2021. Plaintiff then filed its complaint for unlawful detainer on July 15, 2021. Authorities and Analysis The Court notes at the outset that neither Tulare County, nor Strathmore have instituted rent control measures. The Court is not persuaded th...

Excerpt: ...mpted to overtake a UPS truck preparing to make a left turn operated by Plaintiff's father. Defendant Galvan's vehicle collided with the UPS truck, causing Plaintiff's father to suffer serious injuries and ultimately die. In support of his claim for punitive damages, Plaintiff alleges malice and oppression, as well as five paragraphs of facts alleging supporting the claim. Plaintiff's support for punitive damages, as pled, can be summarized as fo...

Excerpt: ...ves the seizure of approximately $50,900.00 located during the execution of a search warrant of the residence of Miguel Santos. The search of the residence also yielded various amounts of processed marijuana and marijuana plants. The currency was specifically recovered from a safe whose key was located in Santos's bedroom. The physical seizure took place on July 30, 2020. Santos lived in the residence with his live in girlfriend (and claimant) Mi...

Excerpt: ... Private Attorneys General Act of 2004” (PAGA). Plaintiff alleges the action is a “representative action” on behalf of the State of California and various groups of employees alleged to be aggrieved by various Labor Code violations by defendant. Plaintiff has not pursued a class action for statutory or other damages to which individual group members may be entitled in their individual capacities, nor does she seek recovery of any such damag...

Excerpt: ...oyment, asserting claims involving alleged disability discrimination. Express now moves to compel arbitration of all plaintiff's alleged causes of action based on an agreement allegedly signed by plaintiff as part of Express's digital onboarding process in which prospective employees complete various forms electronically after being tendered a conditional offer of employment. JM joins in the motion. Plaintiff filed his complaint against defendant...

Excerpt: ...class members. The class at issue in this action consists of “milker” or “pusher” employees subject to Wage Order 14 and employed by Defendant from approximately 2015 to February 2020. The Class Period and Release of Claims covers the time period from January 20, 2017 through August 31, 2021. Plaintiffs provide estimates of the maximum recovery for each of Plaintiff's asserted wage and hour claims and penalties including information showi...

Excerpt: ...surer, Defendant AMCO, breached, for purposes of this demurrer, its duty of good faith and fair dealing. Plaintiff further alleges in the Seventh Cause of action for Conspiracy, that Demurring Defendants J.S. Held, LLC and Theodore M. Lister conspired with AMCO to breach that duty. Specifically, Plaintiff alleges that Demurring Defendants created an initial comparative bid for AMCO in November 2020 but subsequently created a second estimate in Ma...

Excerpt: ...ecords, or in the alternative, motion to compel plaintiff Kyle Clarke to sign an authorization to release his VA records OPERATIVE FACTS AND ANALYSIS This case arises out of an automobile accident in February of 2019. The County of Tulare has admitted liability for the accident. As a result of the accident, plaintiff Kyle Clarke sustained a disc extrusion with cervical cord compression that to date has been treated with chiropractic therapy, epid...

Excerpt: ...renew their prior motion to certify this wage and hour action against defendant Visalia Ceramic Tile, Inc. (VCT) as to a class of “Tile Setters” and “Tile Finishers” employed by VCT for a period covering four years prior to filing of their initial complaint. Defendant opposes the motion, contending that there is a lack of numerosity and community of interest amongst the proposed class, that the proposed class representatives do not adequa...

Excerpt: ...d upon the removal of the subject property from the rental market. Plaintiff indicates that the agreement to rent the subject property was based on a written agreement made with the Plaintiff's predecessor in interest. The complaint also checks box 6.e. indicating that “A copy of the written agreement…is attached and labeled Exhibit 1.” However, no Exhibit 1 containing a copy of the written agreement was filed with the complaint. Last, the ...

Excerpt: ...obligation on the defendant: (1) To Live Stream 2‐3 times a week at 9:20 Eastern time for a few hours; (2) To post Watch lists 2‐3 times a week; (3) To work on Education materials (videos, PDF, etc) and (4) Post monthly Challenges starting at $500.00 for 30 days (month) to be reset and started again for the next 30 days. This agreement also contains a non‐competition clause. Plaintiff alleges that defendant failed to perform his duties unde...

Excerpt: ...nee. She is now confined to a wheelchair and her only mode of effective transportation is a caregiver who comes to her residence once a week. Plaintiff personally served its summons and complaint for this action on defendant on September 15, 2021 that was approximately three months after she was released from the hospital. The summons that defendant received clearly states that she has five days to respond to this complaint in writing, but defend...

Excerpt: ... Plaintiffs were apparently struck from the rear by the driver of a Chevrolet Silverado pickup after the vehicle Plaintiffs rode in was stopped on the off‐ramp south of Avenue 280. Plaintiffs allege personal injuries and damages. The Defendants are named as Adrian Wayne Griffith and Solomon Atakele Bogale, but the complaint does not appear to differentiate the defendants between the driver of the passenger vehicle containing Plaintiffs and the ...