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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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 ...

Excerpt: ...econd cause of action; and (c) sustain, without leave to amend, the demurrer to the third cause of action for negligent misrepresentation. The court finds that, notwithstanding that Eagle Fire has failed to correctly describe the valid theory on which it seeks recovery, Eagle Fire has effectively plead a cause of action for negligent interference with prospective economic relations, and orders defendant Watts to file and serve its answer to the c...

Excerpt: ...iled this action in this court under the belief that the defendant was a resident of Tulare County. Plaintiff subsequently learned that the defendant resides in Kings County and moves this court to transfer this action to the Superior Court for Kings County. The defendant has not yet been served. CCP §396b(a) provides that: (a) Except as otherwise provided in Section 396a, if an action or proceeding is commenced in a court having jurisdiction of...

Excerpt: ...ancellation of deed and quiet title of real property action. On or about July 21, 2021, Plaintiff had the complaint served on Defendants. On or about August 26, 2021, Defendants Helen Padilla and Narciso Espinoza Padilla filed their answer to the complaint. On or about September 1, 2021, Defendant's filed a Cross‐Complaint. STANDARD OF REVIEW CCP §473(a)(1) provides that “The court may, in furtherance of justice, and on any terms as may be p...

Excerpt: ... for an owner using the insured property as a rental unit for residential purposes.” Following a fire, and plaintiff making a claim with defendant insurer on the basis of that event, the policy was rescinded by defendant American National. Plaintiff alleges in the complaint that a letter from defendants advising that the policy was being rescinded “reveals a blatantly discriminatory policy and practice on the part of Defendants, wherein Defen...

Excerpt: ..., Pixley, California 93256. On or about September 14, 2021, plaintiff served defendants with a 3‐ day notice to perform covenant or quit based on “just cause” This 3‐day notice alleges that defendant breached the terms of the lease by (1) Failing to keep the property in good order by allowing the accumulation of rubbish and debris that obstructs the free use of the property; (2) failing to keep the property in a clean, sanitary and good c...

Excerpt: ... for wrongful death, negligence and survival. Plaintiffs allege that Ms. Spagnolini to have been a former In‐Home Supportive Services (IHSS) provider. IHSS providers perform services to aged, blind and disabled persons. Plaintiffs additionally sued the County of Kern (“County”) and the IHSS Public Authority (“Public Authority”) established by the County of Kern for the purposes of administering the IHSS program. Driver Spagnolini is all...

Excerpt: ...es Alvarez, Raul Chavez, Jr., and Javier Fonseca. Defendant Visalia Tile, Inc. (VT) filed its three separate motions for summary adjudication against plaintiffs Alvarez, Chavez, Jr., and Fonseca on July 23, 2021. Each of plaintiffs Alvarez, Chavez, Jr. and Fonseca filed pleadings in opposition on October 13, 2021. Oddly, plaintiffs Ruben Marquez and Juan Barrera also filed virtually identical pleadings in opposition on October 13, 2021, despite t...

Excerpt: ...ltural spray rig owned by defendant Helena Agri‐Enterprises LLC's. Plaintiff Irma Rosas was a passenger in that vehicle. At the time of the collision Mr. Rodriguez was operating his automobile on cruise control at a speed of approximately 62 mph and never attempted to brake his car or slow down before colliding with defendant's rig. Mr. Cortes‐Rodriguez denies that he was using his cell phone at the time of the accident. Based on that scenari...

Excerpt: ...d class action representative, and defendant United Ag Personnel Management, Inc. The proposed settlement would resolve various wage and hour claims arising under the Labor Code, Business and Professions Code and the Private Attorneys General Act (“PAGA”) of a proposed class defined as follows: “all current or former nonexempt, hourly paid employees of United Ag Personnel Management, Inc., who were employed in California and worked for Agri...

Excerpt: ...ject right of way, for a cul‐de‐sac at the termination of Avenue 128, for a PG & E electrical easement, and for LTRID irrigation canal easements. To meet project deadlines and allow for timely delivery of the planned infrastructure included within CP 2‐3, the State contends that it requires prejudgment possession of the defendant's farmland as soon as possible, but to comply with all statutory notice requirements, the State is requesting po...