Excerpt: ...otion and initial declaration a second time. Insufficient information has been submitted as to various provisions of the settlement agreement for the court to make the merits evaluation required by Kullar v. Foot Locker Retail, Inc. (2008) 168 Cal.App.4th 116, 129. 1. Sufficiency of Amount of Settlement ($750,000) The gross settlement amount is $750.000. Plaintiff estimates the total number of class members is proximately 2400. Plaintiff provides...

Excerpt: ...thurton's first amended complaint. Defendant General Motors LLC's shall file its answer to the plaintiff Arthurton's first amended complaint within ten (10) days of this ruling. General Motors LLC's demurrer to Mr. Arthurton's first amended complaint In this action, Mr. Arthurton asserts causes of action for breach of implied warranty of merchantability under the Song-Beverly Warranty Act, breach of express warranty under the Song- Beverly Warran...

Excerpt: ...Complaint. (2) To Grant the Application of Michael A. Graziano to Appear as Counsel Pro Hac Vice. (1) Plaintiff asserts Defendant breached its account holder agreement by charging two fees during a single use of a third party automated teller machine – $1.50 for withdrawing funds and $1.00 to check the account balance. Plaintiff alleges only one fee is authorized under the agreement. Plaintiff asserts claims both individually and as representat...

Excerpt: ...ees, costs, and expenses. This award of attorney fees is based on lodestar attorney fees of $53,600.00 plus a lodestar multiplier of 0.5 for the Knight Law Group and a lodestar of $2,950.00 plus a lodestar multiplier of 0.5 for the law firm of Robinson Calcagnie, Inc. Plaintiffs shall also recover their costs incurred in the amount of $12,396.90 subject to defendant's motion to tax costs that will be heard on January 21, 2021. The Song-Beverly Co...

Excerpt: ... the alternative to deem matters admitted; (2) To grant in part and deny in part plaintiff Harriet Armstead's Motion to Compel Special Interrogatories, Set Two Plaintiff Harriet Armstead's Motion to Compel Responses, or in the Alternative to Deem Matters Admitted This is a personal injury case that arises out of an April 20, 2019 confrontation between plaintiff and a dog owned by defendant Tamara Lagomarsino. Plaintiff contends that she fell and ...

Excerpt: ...e to conduct this interview All parties were given proper notice of this matter. There has been no response to this motion. Defendant Allan moves this court for an order that compels plaintiff Angela Reynoso to submit to a clinical interview to evaluate the nature and extent of any physical injuries she sustained as the result of a traumatic brain injury that she attributes to the accident at issue in this case. The court notes that defendants ha...

Excerpt: ...tiffs' Complaint. Defendant mailed a form of judgment to Plaintiffs on September 9, 2020. The court signed the form of judgment on September 30, 3020 and judgment was filed the same day. Plaintiff now asserts they attempted to appear at trial via Zoom, but were unable to do so. The court normally only allows Zoom trial appearances by stipulation, which, in this case, the plaintiff had neither sought nor received. As will be detailed below, this c...

Excerpt: ...low. Plaintiffs should not submit the entire motion and initial declarations a second time. Insufficient information has been submitted as to various provisions of the settlement agreement for the court to make the merits evaluation required by Kullar v. Foot Locker Retail, Inc. (2008) 168 Cal.App.4th 116, 129. 1. Sufficiency of Amount of Settlement ($2,000,000.00) The gross settlement amount is a figure not to exceed $2,000,000 Plaintiff estimat...

Excerpt: ... court a revised order for its signature that is consistent with this ruling. OPERATIVE FACTS On October 28, 2020, this court approved the petition for the transfer of payment rights by and between Celeste Ybarra and Peachtree Settlement Funding, LLC pursuant to California Insurance Code §10134 et seq. This order called for one payment of $75,000 (out of a total lump sum of $101,600) due to Celeste Ybarra on April 29, 2025 with the net sum of 45...

Excerpt: ...The Court has not received any response to this MSJ. Judicial Notice is granted as to defendants' request for judicial notice under Evidence Code 452(d) This MSJ arises out of a wrongful termination cause of action and related claims brought by plaintiffs David Gonzalez and Jose Adolfo Villagomez against their previous employer defendant Agri- Care. Defendant Tate Sandborg was the plaintiffs' direct supervisor and Farm Supervisor who reported to ...

Excerpt: ...To Grant Defendants' Motion to Strike Portions of Plaintiff's Complaint related to claims for punitive damages, with leave to amend. Plaintiff shall file any amended complaint within fourteen (14) days of this ruling. (1) Plaintiff asserts a number of causes of action arising from alleged wrongful termination of his employment. Defendant demurs to the First Cause of Action – for Discrimination; the Second Cause of Action – for Failure to Acco...

Excerpt: ...et three) and for monetary sanctions in the amount of $3,375 The court notes that it has already approved the definition of “class members” as previously suggested by the plaintiff (“All non‐exempt employees who, at any time from January 29, 2015 through the date Notice is mailed to the class, was employed as a bus driver for Classic Charter”) But in plaintiff's third inspection demand plaintiff defines “class members” as “All emp...

Excerpt: ...of a motor vehicle versus pedestrian accident where the terms of a settlement were agreed to by the parties at a mandatory settlement conference on November 29, 2018. Plaintiff's counsel dictated the terms of this settlement “on the record” in open court during the November 29, 2018 mandatory settlement conference. A first draft of the settlement was ordered on December 11, 2018 and defendant's counsel e-mailed the terms of the settlement to ...

Excerpt: ...t, by order of October 2, 2020, has resolved the identical issues raised by Plaintiff in this action. Plaintiff disputes Defendant's assertions. Plaintiff contends the October 2 order was limited to costs of a completed feasibility study and does not include Plaintiff's liability for ongoing or future cleanup costs. The court finds Plaintiff's contention unpersuasive. Considered in its entirety, it is clear to the court that the federal district ...

Excerpt: ... a personal care attendant for Patricia Kline. In October 2020, Patricia Kline passed away. Defendant Gerald Kline remains in possession of the premises despite the plaintiff's demand that Mr. Kline vacate. Plaintiff has requested confirmation of Ms. Kline's date of death and a copy of her death certificate. But to date, the Kline family has not provided any evidence that Ms. Kline has indeed passed away. Moreover, plaintiff conducted an internet...

Excerpt: ... medical negligence. In the original complaint the only named defendant was Kaweah Health Care District. The “Doe” defendants 1-25 were named as fictitious names and plaintiff contended that he could not identify the true names of these Doe defendants when he filed his original complaint. On November 15, 2019, plaintiff served a “Notice of Intention to Commence Suit” that identified both Optimal Health Services and Optimal Home Health Car...

Excerpt: ..., the parties entered into a Settlement Agreement that obligated defendant to pay $10,000.00 to plaintiff in monthly payments of $200.00. These monthly payments were to begin on September 15, 2020. Plaintiff's counsel Adam B. Stirrup states in his declaration that defendant has not paid any of the monthly payments. No opposition to the motion has been filed. The terms of this settlement were memorized in a February 28, 2020 “Settlement Agreemen...

Excerpt: ...ng out of a credit card obligation where plaintiff Capital One Bank pleads causes of action for breach of contract and common counts. On February 5, 2019, the parties entered into a Settlement Agreement that obligated defendant to pay $12,040.11 to plaintiff in monthly payments of $325.00 beginning on the 16th day of every month until the debt has been paid in full. This settlement agreement reserved the right to plaintiff to move the court under...

Excerpt: ...without prejudice. This is a contract action that involved the arrest of two vessels for the alleged non-payment of bunker supplies and the consequent failure to release these vessels and their contents to the plaintiffs. Plaintiff are the guarantor and shipping company for these vessels. The defendants are the owners of the vessels. Defendant AAA is a company engaged in ship management and ship owning only with its principal place of business in...

Excerpt: .... The Court finds that moving party attorney George J Vasquez of the has complied with the provisions of California Rule of Court 3.1362(d) as to the service of the moving papers for this motion on the plaintiffs. The Court has not received any response to this motion. The supporting declaration of George J Vasquez establishes that the plaintiff Jose Lopez has refused to cooperate with his counsel in the prosecution of his case and that the attor...

Excerpt: ...Retail, Inc. (2008) 168 Cal. App. 4th 116, 129. 1. Sufficiency of Amount of Settlement Plaintiffs assert there are 103 members of the proposed class, representing employees who worked for Defendant for the period covered by the complaint. The proposed gross settlement amount is $500,000.00. Plaintiffs have shown, based on information obtained through discovery, their calculations of maximum amounts recoverable in the event Plaintiffs were to obta...

Excerpt: ...ings, Set One, and Request for Sanctions; Tentative Rulings: To grant defendants' (1) motion to compel plaintiff Susan Metheney to respond to form interrogatories, set one, and request for sanctions; (2) To grant defendants' motion to compel plaintiff Susan Metheney to respond to special interrogatories, set one, and request for sanctions; and (3) To grant defendants' motion to compel plaintiff Susan Metheney to respond to defendants' demand for ...

Excerpt: ...rer to plaintiff's third amended complaint without leave to amend. OPERATIVE FACTS This is a wrongful death action arising out of defendant Sukhvinder Bhajal MD's alleged implementation of a cardiac defibrillator into plaintiff's decedent Foster H. Taft. Defendant Boston Scientific Corporation manufactured this defibrillator. Plaintiff alleges that the “device shown one event for the day of death,” the electrocardiogram fails to show the prec...

Excerpt: ...urther the construction of the State's high speed rail project. Negotiations between the parties resulted in a stipulation and order that the court entered on January 28, 2020. This stipulated order imposed a duty on the parties to cooperate and collaborate and undertake the necessary steps required to enable the State of California to acquire the portion of the defendant's property that it seeks to obtain. The State contends the defendant has no...

Excerpt: ...mand for production of documents. Claimant Ricky Lynn Serrate shall provide full and complete verified responses to these interrogatories and document requests without objection within thirty days from notice of this ruling. Claimant Ricky Lynn Serrate shall also pay monetary sanctions to AAA's counsel in the amount of $472.50 within thirty days from the notice of this ruling. The Court notes that these discovery motions were timely noticed and s...