Excerpt: ...nt (collectively “Fitness”) alleging causes of action for conversion against Defendant Fadel Moshin (“Moshin”). Plaintiff in VCU293786 is Alhasani, Inc. (“Alhasani”) who has alleged causes of action against Fitness and Thrive Business Development, Inc. (“Thrive”) for conversion and injury to real property by removal of equipment. VCU288828 – Fitness v. Moshin (the “Fitness Case”) The Fitness Case matter involves Fitness's al...

Excerpt: ...e and common counts involving alleged damage to commercial property, failure to pay late charges, taxes and failure to pay commission. GPC answered the complaint, but thereafter, on February 7, 2022, filed for Chapter 7 bankruptcy. On or about June 6, 2022, a notice of filing report of no distribution was sent to Plaintiff by the bankruptcy trustee setting June 30, 2022 for objections. Plaintiff apparently made no objection and Plaintiff's unders...

Excerpt: ...ass action and PAGA settlement, attorneys' fees, costs, enhancement award, LWDA payment and class certification for settlement purposes came on for hearing on February 14, 2023. The Court finds and rules as follows: On January 18, 2022, the settlement administrator ILYM Group, Inc, through its Case Manager, filed a declaration detailing the following events. On September 1, 2022, the administrator received a list of 248 potential class members fr...

Excerpt: ... debt Defendant incurred for the care of her children. Plaintiff alleged causes of action including open book account and account stated. Defendant now seeks recovery of her costs, including attorneys' fees, as the prevailing party on an action for an open book account. Defendant seeks attorneys' fees of $960.00 and other costs of $409.31. Authority and Analysis A prevailing party is entitled to recover costs as a matter of right. (Code Civ. Proc...

Excerpt: ...rterville Police Department; Defendants shall have ten (10) days to file an answer. Facts Common to (1) and (2) Plaintiff filed this third amended complaint against Defendants City of Porterville and Porterville Police Department and individual Defendants Castellow, Barteau, Kroutil and Benas. As relevant here, Plaintiff alleges the third cause of action for harassment against all Defendants and the seventh cause of action against Defendants Cast...

Excerpt: ... property at issue containing the residential space rented to tenants. A fire originating from storage sheds located on the property spread to the space rented by the plaintiffs and, they allege, destroyed their property, forced them out of their home, and caused them emotional distress. Plaintiffs' complaint Plaintiffs allege a cause of action for general negligence and a second premises liability cause of action including, amongst three separat...

Excerpt: ..., All-Pro Bail Bonds, posted bond number 527355188-1, in the amount of $20,000 for the release of the Criminal Defendant from custody. On July 30, 2019, Criminal Defendant was released from custody. On November 19, 2020, Criminal Defendant appeared in court for a preliminary hearing examination. There appears to be a central factual dispute as to whether the Criminal Defendant was in custody or out of custody at the November 19, 2020 preliminary ...

Excerpt: ... Compel Initial Responses to Special Interrogatories of Plaintiff Amber Burkett; (4) Defendants Fareid Dental Corporation Dba Packwood Creek Dental and Bevan Fareid, D.D.S's Motion to Compel Initial Responses to Production of Documents of Plaintiff Eric Burkett; (5) Defendants Fareid Dental Corporation Dba Packwood Creek Dental and Bevan Fareid, D.D.S's Motion to Compel Initial Responses to Responses to Production of Documents of Plaintiff Amber ...

Excerpt: ...sentatives, and of their counsel as class counsel. In this wage and hour action, plaintiffs Guillermo Gonzalez and Nicolas Gonzalez move for class certification as to various defined classes of employees of their former employer, Sun Pacific Farming Cooperative, Inc. (Sun Pacific), and for appointment as class representative of, and for appointment of their counsel as class counsel for, the proposed classes. Plaintiffs seek certification as to th...

Excerpt: ...rt's ruling as to Defendant Beitler's appeal and Plaintiff's cross-appeal. At the trial court level, this Court found that Defendant Beitler is Defendant Force's alter ego. This Court further denied Plaintiff DPI's posttrial motion to amend the complaint as to adding a defendant to tits second, third and fourth causes of action for common counts. This Court's judgment of February 18, 2020 indicates that Plaintiff was entitled to recover the under...

Excerpt: ...s he sustained in a forklift incident on September 4, 2019 involving acts by Defendant Gardener Trucking's (“Gardener”) employees. Plaintiff filed this matter July 14, 2021. On November 12, 2021, Gardener cross-complained against Southwest for six causes of action including express indemnity, breach of contract, equitable indemnity, comparative partial indemnity, contribution and declaratory relief. On January 21, 2022, Southwest answered Gar...

Excerpt: ...use of action. In support, Defendant provides the following material facts. Defendant hired plaintiff in January 2019 as a staff dentist. (UMF No. 1.) During her employment, Plaintiff believed that not all patients were genuine, but rather some were placed by Defendant to harass her with foul language and other behavior. (UMF No. 3.) Additionally, Plaintiff believed she was being targeted by Defendant, given she had filed a complaint against her ...

Excerpt: ...ough her Guardian ad Litem, filed this amended complaint alleging personal injury arising out of a motor vehicle versus pedestrian accident on or about May 2, 2022. Plaintiff complaint states motor vehicle, general negligence, and negligent infliction of emotional distress causes of action against Defendant Margarita Gonzalez de Mancilla, the driver of the vehicle and, against Defendant Ignacio Mancilla, the vehicle's owner. However, as Defendant...

Excerpt: ...+ Kinkhead LLP (collectively, LBBK), as counsel for defendants Yasir Anwar, Mayra Anwar, and Yasir Anwar and Mayra Anwar as Trustees of the Anwar Family Trust Dated March 12, 2012 (collectively, Anwar Defendants). Movants contend a conflict of interest exists between LBBK's representation of the Anwar Defendants and its representation of American Alternative Insurance Corporation (AAIC), Yasir and Mayra Anwars' insurer under a personal umbrella l...

Excerpt: ...mployment with Edison Mini Mart, was driving while intoxicated and at an unsafe speed. Further, that Defendant ran through a stop sign at the intersection of Tea Pot Avenue and Indiana Street and collided with a parked 1993 Ford Ranger. The force of the collision caused the Ford Ranger to plow into Plaintiff, causing him severe injuries that included the amputation of both legs, a hole in the aorta, a broken pelvis a broken right shoulder blade, ...

Excerpt: ...evrolet Malibu (the “Subject Vehicle.”) Plaintiffs seek damages for breach of implied and express warranty. Plaintiffs filed this case November 23, 2021. Defendant notes that on July 27, 2022, Plaintiffs filed for Chapter 7 bankruptcy, but did not list this lawsuit on the bankruptcy petition and schedules, declaring no pending lawsuits or claims of any kind. Defendant notes that a section 998 offer of $31,000 was offered to Plaintiffs in June...

Excerpt: ...rbitration and dismiss this matter on the basis of a signed arbitration agreement. Facts – Agreement to Arbitrate Defendants, in support of this motion, submit the declaration of its safety technician David Bernardi who personally handled the orientation process as to Plaintiff on January 28, 2022. (Declaration of Bernardi (“Bernardi Decl.”) ¶¶ 1,2.) On January 28, 2022, Mr. Bernardi provided various employment documents to Plaintiff, inc...

Excerpt: ... Madrigal's Motion for Summary Judgment Plaintiff Burrell filed a single cause of action against individual defendant Abel Madrigal for (1) unlawful harassment on the basis of race under California Government Code §12940(j). Defendant Madrigal moves for summary judgment as to this cause of action, or, in the alternative, summary adjudication as to four issues that make up the elements of a prima facie case for harassment and the fifth for puniti...

Excerpt: ...aye, sexually abused her during her fourth‐grade year at Summit Charter Academy‐Lombardi (Lombardi). Plaintiff additionally sues Lombardi, and the public‐school district of which it is a part, Burton Elementary School District (Burton). Plaintiff's first amended complaint includes first and second causes of action for assault and battery, as well as a fourth cause of action for intentional infliction of emotional distress, based on her abus...

Excerpt: ... The parties, on November 3, 2021, at the mandatory settlement conference, informed the Court they had reached a settlement, that the Court was to retain jurisdiction under Code of Civil Procedure section 664.6 to enforce the settlement. The material terms of the written settlement agreement, executed on November 2, 2021, appear to the Court as follows:  “1A $6,250 to be held in [Defendants' Counsel's] trust until issue of repairs is resolve...

Excerpt: ...ves Plaintiff Jane Roe's complaint against the Apostolic Assembly of the Faith in Christ Jesus and Apostolic Assembly Church of Lindsay for negligence, negligent supervision, negligent hiring and negligent failure to warn, train, or educate resulting from alleged sexual abuse suffered by Plaintiff from 1994 to 2000 while Plaintiff was a minor. Plaintiff was born in 1990 and its not over 40 years old when this action was commenced. On December 15,...

Excerpt: ...es not indicate Plaintiff's interest in the Subject Property, as no boxes are checked under Paragraph 4 of the complaint. The Complaint is based upon a three‐ day notice to pay rent or quit, attached to the Complaint. The Notice, however, only states the amount due and that the rent must be delivered in person to a specific address. The period for which the rent is due is unknown and the usual days and hours of availability are not stated. Defe...

Excerpt: ... sections identified by the Court. Facts Common to (1) and (2) Plaintiff Henry Oney, through his guardian ad litem, sues Defendant Kaweah for elder abuse and neglect under Welfare and Institutions Code section 15600, et seq., violation of resident rights under Health and Safety Code section 1430(b) and for negligence based upon his admission to and care at Defendant's various facilities. Plaintiff alleges, at the age of 67, he was admitted to Def...

Excerpt: ..., providing an estimated average payout of $1,140.45 per member. The Class Members consist of: All current and former non‐exempt employees of Defendant in California who did not sign an arbitration agreement as of September 22, 2022 and worked for Defendant (“Settlement Class Members”) at any time during the period of July 19, 2017, through September 22, 2022 (“Class Period”). Plaintiff filed a complaint (“Complaint”) against Defend...

Excerpt: ... in a motion for summary judgment is to delimit the scope of the issues; the function of the affidavits or declarations is to disclose whether there is any triable issue of fact within the issues delimited by the pleadings.” (Juge v. County of Sacramento (1993) 12 Cal.App.4th 59, 67, citing FPI Development, Inc. v. Nakashima (1991) 231 Cal. App. 3d 367, 381‐382.) Plaintiff alleges causes of action for “Discrimination, Retaliation, and Haras...

Excerpt: ...arious California Labor Code violations on a class action basis as well as for civil penalties under PAGA against Defendants UBEO West, LLC, f/k/a RAY A. MORGAN COMPANY, LLC and RMC A RAY MORGAN COMPANY, LLC. Defendants seek to compel this matter to arbitration based upon an agreement to arbitrate presented to Plaintiff during his employment. Facts – Agreement to Arbitrate In support, Defendants present the declaration of its Regional Director ...

Excerpt: ... are denied. Touchstone's motion to compel further production of documents or, if applicable, further responses regarding Wonderful's inability to comply, is granted. Wonderful to provide further documents/responses within 30 days of notice of this ruling. Touchstone's motions to compel Wonderful to produce Noah Sa, Isidro Frias, Jose Frias, Augusto Ramirez, and Isidro Cortez for deposition, and to produce Todd Consolascio and Dave Szeflin for fu...

Excerpt: ...Corporation. (Petition ¶¶ 1, 2, 3, 6.) The verified petition indicates Respondent James Paggi is Petitioner's brother, named RMO of the Corporation, is not individually licensed by the State Contractor's License Board. (Petition ¶¶ 4.) The Corporation's bylaws indicate the Corporation shall have a Board of Directors consisting of two members. (Petition ¶7.) Petitioner and Respondent currently hold those positions. (Petition ¶7.) Petitioner ...

Excerpt: ...�) On November 16, 2022 the complaint was filed. On December 5, 2022, Plaintiff filed a proof of service indicating posting at the Subject Property and mailing service on Defendant occurred on December 2, 2022. On December 22, 2022, default judgment was entered and the writ of possession was issued on January 3, 2023. On January 25, 2023, Defendant file this ex parte motion to vacate the default judgment and/or stay this matter. Defendant states ...

Excerpt: ...s plus interest and attorneys' fees of $522.50. The complaint was filed November 12, 2021. On March 25, 2022, Plaintiff filed a proof of service indicating substitute service as to David Ortiz, a purported co‐resident occurred on March 23, 2022 at 7:58 pm at 3224 East Cathie Court, Visalia, CA 93292. The proof of service was completed by a registered process server. The proof further indicates three attempts at service at the residence indicate...

Excerpt: ...dress this issue. The Court has integrated this supplemental briefing and analysis into this ruling. On or about September 4, 2020, plaintiff purchased a new 2019 Nissan Maxima VIN 1N4AA6AV4KC383429 (“Vehicle”) from a dealer pursuant to a retail installment sales contract (“RISC”). (Complaint ¶ 3.) The complaint alleges “Plaintiff delivered the nonconforming Vehicle to NNA's authorized repair facilities for repairs pursuant to the term...

Excerpt: ...t states that “Venue is proper in this Court because, upon information and belief, Defendants reside, transact business, or have offices in this county, and the acts and omissions alleged herein took place in this county” (FAC ¶9.) “Defendants employed Plaintiff and other California residents as non‐exempt employees throughout California at Defendants' California business location(s)” and “Defendants continue to employ non‐ exempt ...

Excerpt: ... for final approval of class action and PAGA settlement, attorneys' fees, costs, enhancement award, LWDA payment and class certification for settlement purposes came on for hearing on January 23, 2023. The Court finds and rules as follows: On December 30, 222, the settlement administrator ILYM Group, through its Case Manager, filed a declaration detailing the following events. On August 12, 2022, the administrator received a mailing list of 79 po...

Excerpt: ...mployment with Edison Mini Mart, was driving while intoxicated and at an unsafe speed. Further, that Defendant ran through a stop sign at the intersection of Tea Pot Avenue and Indiana Street and collided with a parked 1993 Ford Ranger. The force of the collision caused the Ford Ranger to plow into Plaintiff, causing him severe injuries that included the amputation of both legs, a hole in the aorta, a broken pelvis a broken right shoulder blade, ...

Excerpt: ...ed) The Subject Property, however, included 2.48 acres on the eastern and northern portion containing equestrian facilities operated by Defendants Marily Reese and Sequoia Hills Stables, LLC pursuant to a life estate (“Life Estate.”) The scope of that Life Estate as to the exclusive use of a northern driveway is at issue here. Defendants contend that exclusive use of the northern driveway is reflected in the agreements and recording with Plai...

Excerpt: ...w by and through the High‐Speed Rail Authority (Authority)), commenced this proceeding in November 2017 “for the purpose of acquiring property necessary for high‐speed train system purposes …” pursuant to authorization under a 2017 Resolution of Necessity with respect to certain real property and interests described in the initial complaint. That original complaint provided (for the convenience of the court and parties, not as allegatio...

Excerpt: ...er of the board of directors of Sierra View, challenges his “censure” by respondent Sierra View's board, which it issued after receiving a confidential complaint from Sierra View CEO, Donna Hefner, about comments made by Pandya that the board deemed offensive. Pandya challenges, by petition for writ of mandate, both the board's initial determination to issue the censure, and its affirmation of that determination following a board reconsiderat...

Excerpt: ...This is an unlawful detainer matter involving 1435 North Crawford Avenue #E106 Dinuba , CA 93618 (“Subject Property.”) On November 4, 2022 the complaint was filed. On December 19, 2022, Plaintiff filed a proof of service indicating posting and mail service on Defendant Chavez occurred on November 5, 2022. On December 19, 2022, default judgment was entered for possession only and the writ of possession was issued. On January 11, 2023, Defendan...

Excerpt: ... award sanctions; (5) To grant the motion; Plaintiff shall have thirty (30) days from notice of this ruling to provide a statement of damages; Defendant shall give notice. Facts Common to All Motions This litigation arises from Plaintiff's allegation of negligence and premises liability against Defendant Lowes. Plaintiff claims Defendant is responsible for the injuries sustained when Plaintiff climbed and fell from a bay within Defendant's retail...

Excerpt: ...d nursing facility located at 350 North Villa Street (the “Facility.”) Plaintiffs are the heirs and successors in interest to Decedent and filed this case November 12, 2021. This matter is set for trial March 13, 2023. Plaintiffs allege Defendants knew, via the physical state of Decedent upon arrival, that Decedent was dependent on Defendant for all daily activities including “feeding and dietary planning, skin care, hygiene, infection cont...

Excerpt: ...nforming Vehicle to NNA's authorized repair facilities for repairs pursuant to the terms of the warranties. It is clear that NNA is unable to fix, remedy and/or repair the Vehicle to conform to the warranty. The multiple failed inspection and repair attempts have proven willfully unsuccessful in resolving the issues.” (Complaint ¶8.) Plaintiff brings causes of action for: (1) Violation of the Song‐Beverly Consumer Warranty Act ‐ Breach of ...

Excerpt: ... of contract causes of action. Facts Plaintiffs sue Defendants Kevin Park and Tara Park for fraud, negligent misrepresentation, conversion and breach of contract based on the attempted sale of a business known as KTR Liquidations. Defendant Tara Park demurs to the complaint on the basis that each cause of action fails to set forth sufficient facts which state a cause of action against her personally. As to Defendant Tara Park, the Court notes the...

Excerpt: ...oper notice was given to all parties affected to attorney Thomas J. Bullock's application to appear pro hac vice for Defendant. The Court finds that attorney Bullock meets the statutory requirements under California Rule of Court 9.40(a) to submit an application to appear pro hac vice before this Court, and that the contents of this applications of attorney Bullock indicates an association with California counsel Joshua Kasta of Bailey Glasser, L...

Excerpt: ...ous name. Facts On September 14, 2022, Plaintiff S.C. sued Defendant Doe 1 for negligence based on incidents alleged to have occurred in foster care when Plaintiff was a minor. Plaintiff is over 40 years old at this time. On November 9, 2022, Plaintiff filed, and the Court granted, an ex parte motion to file the documents in support of this motion under seal. Thereafter, Plaintiff filed various documents in support of this motion to seal certific...

Excerpt: ...lement agreement contains a provision that the Court will retain jurisdiction over the matter pursuant to Code of Civil Procedure 664.6. However, the Court notes this provision, contained in the settlement agreement, was not placed before the Court in any manner through any filing. However, the Court also notes this matter has not been dismissed as of the date of this hearing. Plaintiff seeks entry of judgment in the amount of $3,560.23 inclusive...

Excerpt: ...as to (1) 6‐year‐old Claimant Chelsea Jacobo is Tania Jacobo, parent and guardian ad litem. The Petitioner as to (2) 9‐year‐old Claimant Rumaldo Jacobo is Israel Jacobo‐Perez, guardian ad litem and parent. Petitioners bring these petitions to approve the compromises of settlement offers to the minor children. This matter involves an automobile accident. On or about October 11, 2019, both Claimants were passengers in a motor vehicle. (Am...

Excerpt: ...rent. Facts This is an unlawful detainer matter involving 233 W. Tulare Avenue #B, Visalia, CA. 93277, Tulare County (“Subject Property.”) The Court notes this is an action for unlawful detainer based upon a three day notice to pay rent or quit. On November 14, 2022 the complaint was filed. The complaint, summons and accompanying documents were served personally on Defendant O'Neal on November 20, 2022 by a registered process server. On Decem...

Excerpt: ...cts On November 29, 2022, Plaintiff John MF Doe sued Defendant Doe 1 School district for various negligence theories, intentional infliction of emotional distress and sexual battery for incidents alleged to have occurred when Plaintiff was 17 years old by an employee of Defendant School District while Plaintiff attended high school. Plaintiff is now over 40 years old. On December 1, 2022, Plaintiff filed a motion to seal application to proceed wi...

Excerpt: ...d a number of wage and hour violations against Defendants Phytech US, Inc. and Defendant Oren Kind. Initially, it appears that Phytech did not produce an arbitration agreement in discovery propounded by Plaintiff, but counsel for Phytech indicates receipt of “a copy of the actual arbitration agreement Plaintiff Melodie Furtado agreed to in connection with her employment with Phytech on November 8, 2022.” (Declaration of Raquel Rotman (“Rotm...

Excerpt: ...tiff had adequately disputed a number of material facts that precluded the Court from ruling in Defendant's favor as to the rational basis for Plaintiff's termination and Plaintiff's outside work. The central, additional fact to this renewed motion appears to be as follows: “Since the court's consideration of Altura's prior motion for summary judgment, Riaz has filed 18 cases in Tulare County alone claiming allegations similar to those against ...

Excerpt: ... the date of this hearing. The Court intends to set this matter for trial at this hearing. Facts This is an unlawful detainer matter involving 1016 E. Mineral King #7 Visalia, CA 93292 (“Subject Property.”) The Court notes this is an action for unlawful detainer for breach of covenant as to occupancy by unauthorized persons and the existence of more than one pet. On November 21, 2022 the complaint was filed. The complaint, summons and accompa...

Excerpt: ...telyn Kable. Petitioners bring this a petition to approve the compromise of a settlement offer to the minor child. According to the Petition, on March 22, 2022, the minor was crossing the street in the crosswalk before school when Defendant Ryan Jones, in the course and scope of his employment with Weed Man Company, struck Claimant while driving a Weed Man Company. (Petition at 5.) Injuries and Treatment The minor child suffered a skull fracture,...

Excerpt: ...iff. Plaintiff also sued Defendants SCC Enterprises (Sequoia), Southern California Edison (SCE) and the owners of the rental, Norman and Martha Faucett. Specifically, the complaint alleges: “The defendants negligently allowed a dog to escape a backyard by bursting a pipe in the backyard of the property owner, taking down the side fence to allow access to the backyard, and failing to replace the fence once work for the evening had ended, allowin...

Excerpt: ...on to (1) and (2) Plaintiffs are the owners of property located at 43674 North Fork Dr (“Kiresich Property.”) (Complaint ¶1.) Defendants are the owners of adjacent property located at 43672 North Fork Dr (“Charles Property.”) (Complaint ¶2.) Plaintiffs have lived at the Kiresich Property since 1997. (Complaint ¶9.) At the time Plaintiffs moved in, a metal chain link fence separated the Kiresich Property and the Charles Property. (Compl...

Excerpt: ...t alleges causes of action for trespass and ejectment. Plaintiffs in this case are Mikal Jones, Angela Anderson, and Bi‐Rite Auto Transport, Inc., (collectively “Bi‐ Rite”) and involved Defendant PVCC's irrevocable license for its canal and access to that canal for maintenance and repair as to Plaintiff BiRite's properties. (SAC ¶2, 7.) Prior litigation between the parties has resulted in a 2013 Judgement and a 2018 Judgment which provid...

Excerpt: ...r about September 8, 2009 for the sum of $15,960.98. (Declaration of Mahfouz II ¶3.) On or about December 10, 2013, the parties resolved this matter via a settlement agreement and for payment of the sum of $8,823 by a $50 down payment and installments of $50 per month. (Declaration of Mahfouz II ¶¶ 5, 6 – Ex. A.) The agreement states that should Defendant fail to make a payment on the fifteenth of each month, she will be deemed to be in defa...

Excerpt: ...salia, California, 93291 (“Subject Property.”) The Court notes this is an action for unlawful detainer after a foreclosure sale. On September 9, 2022 the complaint was filed. On October 6, 2022, Plaintiff filed a proof of service indicating substitute service on Defendants Tressie B. Williams, Emma Warren and all other occupants in possession of the premises occurred by service on “Tracy Doe” listed as an occupant of the Subject Property ...

Excerpt: ...t May 17, 2020, Mr. Hernandez drowned in the Sequoia National Forest at a location on the Tule River near Springville known as Brad's Hole. (SAC Attachment ¶ 3.) The Court notes the initial complaint was filed June 15, 2021. The initial complaint alleged premises liability against, amongst others, the City of Tulare and Does 1 through 10 arising out of the May 17, 2020 incident described above. Relevant here, the Second Amended Complaint states,...

Excerpt: ...section 1094.5, subdivision (c) provides the basic framework by which an aggrieved party to an administrative proceeding may seek judicial review of any final order or decision rendered by a state agency.” (Mann v. Department of Motor Vehicles (1999) 76 Cal.App.4th 312, 320.) Vehicle Code section 13559, however, which is the specific enactment regarding judicial review of administrative suspension of driving privileges due to driving with exces...

Excerpt: ...tention or training and (3) negligent entrustment of a motor vehicle. Although Plaintiff's prayer seeks punitive damages for the complaint as a whole, Plaintiff sets forth allegations as to punitive damages as to the second and third causes of action. This is a personal injury case wherein Plaintiff alleges the Defendant driver Sergio Villanueva, employed by Defendant Aaron's Inc., was negligent in his operation of Defendant Aaron's vehicle when ...

Excerpt: ...ld as well as corresponding damages suffered by her child as a result of conduct that took place at Defendant Victoria Ramirez Family Childcare, presumably owned by Defendant Victoria Ramirez. (Complaint ¶¶ 1, 10, 11, 14, Attachment – General Negligence.) Defendants Victoria Ramirez and Victoria Ramirez Family Daycare demurrer for failure to state a cause of action against defendants under Code of Civil Procedure section 430.10(e), as Plainti...

Excerpt: ...he ability to bring the City back into the case 120 days before trial), but that this agreement has not been executed by the parties. Facts This premises liability action alleges Plaintiff was injured at “the premises at or near CA‐43 & Ave 120, Corcoran, CA 93212, such that an uneven and/or broken and/or deteriorating roadway was allowed to exist and be left in disrepair” and “Defendants failed to barricade the area and/or to warn of the...

Excerpt: ...nded complaint against Defendant Sandy Mason, individually, and in her capacity as Personal Administrator of the Estate of Christopher Mason, decedent for possession of personal property. Paragraph 12 of the first amended complaint indicates: “This action was initially filed in April 2022, prior to defendant Sandy Mason filing her petition for probate in Tulare County Superior Court Case No. PPR051323. A creditor's claim against the estate has ...

Excerpt: ... an ex parte motion to set aside default judgment and stay execution of judgment. On November 7, 2022, this Court granted the stay and continued the motion to this date. This is an unlawful detainer matter involving 1512 N Cobb St #3 Porterville CA 93257 (“Subject Property.”) This matter is based upon a 3‐day notice to pay rent or quit. On October 4, 2022, the complaint was filed. On October 13, 2022, Plaintiff filed a proof of service indi...

Excerpt: ...rth below. Facts The Petitioner as to (1) 6‐year‐old Claimant Chelsea Jacobo is Tania Jacobo, parent and guardian ad litem. The Petitioner as to (2) 9‐year‐old Claimant Rumaldo Jacobo is Israel Jacobo‐Perez, guardian ad litem and parent. Petitioners bring these petitions to approve the compromises of settlement offers to the minor children. This matter involves an automobile accident. On or about October 11, 2019, both Claimants were pa...

Excerpt: ... addresses most of the issues raised in the demurrer and motion to strike. The Court notes Defendants' demurrer to the first cause of action on the basis that no FEHA cause of action lies against individual defendants. The Defendants also demurrer to the seventh cause of action for intentional infliction of emotional distress on the basis that the public entity Defendants City of Porterville and Porterville Police Department are immune (as well a...

Excerpt: ...Inc. for open book and account stated. On February 10, 2022, Defendant Juan Torres Construction Inc., represented by counsel, filed an answer. On November 7, 2022, Defendant Juan Torres Construction Inc. filed a substitution of attorney which purported to substitute out counsel and substitute in Juan Torres, in pro per, for Defendant Juan Torres Construction Inc. Defendant Juan Torres Construction Inc. is a corporate entity. Defendant Juan Torres...

Excerpt: ...is complaint alleging personal injury arising out of a motor vehicle versus pedestrian accident on or about May 2, 2022. Plaintiff complaint alleges motor vehicle, general negligence, and negligent infliction of emotional distress causes of action against Defendant Margarita Gonzalez de Mancilla, the driver of the vehicle and, against Defendant Ignacio Mancilla, the vehicle's owner. Specifically, Plaintiff alleges Defendant Gonzalez de Mancilla f...

Excerpt: ...MD and Defendant answered the amended complaint. (UMF Nos. 1, 2, 3.) Defendant then provides its expert's qualifications and opinion that Defendant did not breach the standard of care or cause Plaintiff's injuries. (UMF Nos. 4, 5, 6.) Specifically, Defendant's expert is Michael Margolis, MD who specializes in Obstetrics and Gynecology, including reconstructive surgery, which Defendant states includes the same type of surgery performed on Plaintif...

Excerpt: ...e expected to confirm, in addition to a trial date, whether or not an administrative record will be submitted and/or whether the parties anticipate disputes concerning the presentation of documentary evidence and/or evidence in the form of written declarations. Demurrer Petitioner Guarang Pandya is a medical doctor and member of the board of directors of respondent Sierra View Local Health Care District, a public entity healthcare district. Guara...

Excerpt: ...h the writ of possession. Facts This is an unlawful detainer matter involving 4646 W. Caldwell Avenue, #H, Visalia, California 93277 (“Subject Property.”) On March 8, 2022, Plaintiff and Defendant Jose Hernandez, by stipulation, indicated that this matter had been resolved pursuant to a settlement agreement and that the Court retained jurisdiction under Code of Civil Procedure section 664.6 in event of a breach. This case was thereafter dismi...

Excerpt: ...8, 2021, it became owner of the Subject Property by purchasing it at a trustee's sale held in compliance with California Civil Code section 2924. (Complaint ¶ 3.) Plaintiff alleges that title on the Subject Property pursuant to the foreclosure sale has been duly perfected in Plaintiff's name as of February 25, 2022, the date of recordation. (Complaint ¶ 3; Exhibit A) On September 8, 2022, Defendant Ronald Osburn filed three motions: (1) Motion ...

Excerpt: ...ce with the applicable claim's statute. An unstamped liability claim report attached to the complaint and addressed to the Clerk of the Board of Supervisors indicates an incident date of February 27, 2012 and the date of the claim as August 31, 2022. The County brings this demurrer under a number of theories, including failure to timely bring a government claim and expiration of the applicable statute of limitations, and the presence of another c...

Excerpt: ... overtime compensation, failure to provide meal periods, failure to authorize and permit rest periods, failure to pay minimum wage, failure to timely pay wages, failure to provide accurate wage statements, failure to maintain accurate time and payroll records, and failure to reimburse necessary business‐related expenses. (Complaint ¶1.) Plaintiff indicates all causes of action are “brought as a class action on behalf of himself and similarly...

Excerpt: ...ancement award, and class certification for settlement purposes came on for hearing on December 6, 2022. The court finds and rules as follows: On August 29, 2022, the settlement administrator, Phoenix Settlement Administrators, received a mailing list of 226 potential class members from Defendant's counsel with names, contact information, social security numbers and relevant employment information. The settlement administration processed the list...

Excerpt: ...parties and issue a ruling in writing. (1) Facts This motion was filed November 23, 2022 for a hearing date of December 6, 2022. Plaintiff specifically seeks relief from this Court's order on November 14, 2022, granting Defendant County of Tulare HHSA's ex parte application for dismissal for Plaintiff's failure to timely file a second amended complaint after the Court's sustained the County's demurrer with a narrow granting of leave to amend. The...

Excerpt: ...a was cited for violation of an applicable safety regulation following the injury of a Sierra employee during the operation of a machine at Sierra's lumber mill in Terra Bella. Sierra fails to present a valid basis for issuance of the requested writ and the petition is, therefore, denied. Background A Sierra employee suffered partial finger amputations while trying to clear a jam, by hand, in a “coastal planer” machine designed to cut and sha...

Excerpt: ...C), plaintiff Dominga Tabutol's prayer for punitive damages; certain of her supporting allegations; and her FHA and FEHA discrimination claims, as against Draper. The court will only cover, here, the recent procedural history and new factual allegations of the 5AC pertinent to disposition of the instant motion, as the case's prior procedural history and general factual background is extensively covered in the court's prior rulings. Relevant backg...

Excerpt: ...Property.”) On March 8, 2022, Plaintiff and Defendant Jose Hernandez, by stipulation, indicated that this matter had been resolved pursuant to a settlement agreement and that the Court retained jurisdiction under Code of Civil Procedure section 664.6 in event of a breach. On November 3, 2022, this Court entered judgment pursuant to an ex parte application of Plaintiff in the amount of $9,9892.18, including $14,593.18 of past due rent, credits f...

Excerpt: ...sts, enhancement award, and class certification for settlement purposes came on for hearing on December 5, 2022. The court finds and rules as follows: On August 4, 2022, the settlement administrator, Atticus Administration, LLC, received a mailing list of 150 potential class members from Defendant's counsel with names, contact information, social security numbers and relevant employment information. The settlement administration discovered one po...

Excerpt: ...nuba, CA. (“Property”). (Complaint ¶¶1, 2.) Plaintiffs “are individuals who are owners, not on record due to the defendant's claim of a lien on the Property at all times since the Property's acquisition in March 1984. Plaintiffs requests quiet title herein.” (Complaint ¶3.) Defendant Fierro is the owner of record, has been since March 1984. (Complaint ¶4.) Defendant Fierro is also Plaintiffs' maternal uncle. (Complaint ¶11). Plaintif...

Excerpt: ...31, 2022, Plaintiff filed a proof of service indicating personal service on named Defendants Nancy Johnson and Kevin Doyle. No proof of service as to moving party Claimant Jason Castiglione or “All Unknown Occupants in Possession” was filed. Default judgment was entered as to the named Defendants on October 31, 2022. The judgment checks the box “Include in the judgment all tenants, subtenants, named claimants, and other occupants of the pre...

Excerpt: ...Funtila. Petitioner now brings a petition to approve the compromise of a settlement offer to the minor child. According to the Petition, on January 10, 2019, Claimant was a passenger in a motor vehicle that was rear ended by Defendant Valerian Domingo, who was driving the vehicle with the permission of Defendants Rosie Acosta and Melissa Omos. (Petition at 5.) Injuries The Claimant had no immediate or residual damages or injuries from the acciden...

Excerpt: ...operty.”) Plaintiff is the owner and operator of Sierra Mobile Village, where the Subject Property is rented by named Defendant Marcelino Manriquez. The proof of service of the 3‐day Notice to Pay Rent or Quit / 60‐day Notice to Terminate Possession (“Notice”) was purportedly served personally on named Defendant Marcelino Manriquez on August 12, 2022. Thereafter, the complaint and summons were purportedly served by personal service on n...

Excerpt: ...ben Barrientos, Jr. alleges that, on or about September 2, 2020, while he was traveling on Avenue 96 in the city of Terra Bella, a vehicle owned by TRTC and driven by Walker along Road 264 collided with his vehicle after failing to stop at a stop sign at the intersection of Avenue 96 and Road 264. TRTC and Walker have moved to quash service of summons, contending this court lacks jurisdiction based on tribal sovereign immunity. Analysis Indian tr...

Excerpt: ...operty.”) Plaintiff is the owner and operator of Sierra Mobile Village, where the Subject Property is rented by named Defendant Marcelino Manriquez. The proof of service of the 3‐day Notice to Pay Rent or Quit / 60‐day Notice to Terminate Possession (“Notice”) was purportedly served personally on named Defendant Marcelino Manriquez on August 12, 2022. Thereafter, the complaint and summons were purportedly served by personal service on n...

Excerpt: ...an Resources Representative from the firm Defendant employs to provide human resource services to Defendant. Mr. Andalon indicates he held this position during Plaintiff's employment period, that his company has maintained its standard protocol for presenting employment polciies, including the arbitration agreement in Spanish if necessary and that he personally presented and went over the arbitration agreement with Mr. Rodriguez at his time of hi...

Excerpt: ... on October 31, 2022, granted judgment for possession for Plaintiff after trial, cancelled the rental agreement, issued the writ immediately, and awarded $1,794.07 to Plaintiff. Defendant Lockard did not appear at trial and the judgment indicates Defendant was properly served with notice of trial. Defendant Lockard seeks relief from the judgment and/or a stay of execution of the judgment. In support, Defendant states “I gave the wrong address, ...

Excerpt: ... on October 31, 2022, granted judgment for possession for Plaintiff after trial, cancelled the rental agreement, issued the writ immediately, and awarded $1,794.07 to Plaintiff. Defendant Lockard did not appear at trial and the judgment indicates Defendant was properly served with notice of trial. Defendant Lockard seeks relief from the judgment and/or a stay of execution of the judgment. In support, Defendant states “I gave the wrong address, ...

Excerpt: ...an Resources Representative from the firm Defendant employs to provide human resource services to Defendant. Mr. Andalon indicates he held this position during Plaintiff's employment period, that his company has maintained its standard protocol for presenting employment polciies, including the arbitration agreement in Spanish if necessary and that he personally presented and went over the arbitration agreement with Mr. Rodriguez at his time of hi...

Excerpt: ...s an automobile accident where liability was not contested. The matter proceeded to jury trial and Plaintiff was awarded $6,292.12 for pain and suffering and the initial medical expenses for treatment through February 8, 2019. Defendants indicates “The notice of entry of judgment was sent to Defendants electronically on August 9, 2022.” The proof of service appears to indicate that a proposed judgment was sent by electronic mail on August 9, ...

Excerpt: ...n November 14, 2022, granted judgment for possession only for Plaintiff. The writ of execution was issued on November 15, 2022. Defendant Victor Ramirez provides no basis under Code of Civil Procedure section 473 to vacate the judgment after trial and appears to argue a potential defense regarding payment of rent to Juan Ramirez, a non‐party to this action as well as payments for repairs alleged to the property. Although Defendant Victor Ramire...

Excerpt: ...l of class action and PAGA settlement, attorneys' fees, costs, enhancement award, LWDA payment and class certification for settlement purposes came on for hearing on November 22, 2022. The Court finds and rules as follows: On October 26, 2022, the settlement administrator Simpluris, through its Case Manager, filed a declaration detailing the following events. On June 21, 2022 the administrator received a mailing list of 1,246 potential class memb...

Excerpt: ... Defendant Christi Chadwell occurred on September 4, 2022. On September 28, 2022, default judgment was entered as to Defendant Chadwell. Defendant Chadwell now brings this ex parte motion to vacate the Court's default judgment against her. The Court notes it held trial on October 7, 2022 as to the remaining defendant, granted judgment for possession for Plaintiff after trial, cancelled the rental agreement, issued the writ immediately, and awarde...

Excerpt: ...er, on August 7, 2021, Defendants ceased making payments pursuant to the settlement agreement and are currently in default of the agreement. Plaintiff now seeks to enter judgment pursuant to Code of Civil Procedure section 664.6 in the amount of $45,495.30, which credits the payments made to Plaintiff. On June 1, 2020, Plaintiff filed a proposed order, which this Court signed, dismissing without prejudice this case, but retaining jurisdiction pur...

Excerpt: ...15‐year‐old Ruben and (2) 14‐year‐old Rudy is Tammy Esparza, guardian ad litem and mother of both claimants. (Petitions at 1, 2.) Petitioner brings these petitions to approve the compromises of settlement offers to the two minor children. (Petitions at 1, 2.) This matter involves an automobile accident. On or about April 23, 2022, Petitioner was driving a vehicle containing minors Ruben and Rudy, as well as another passenger, when Defenda...

Excerpt: ...sed, in part, on the alleged actions of Defendant Mario Plasencia. Plaintiff served the complaint on May 2, 2022 and May 5, 2022 as to the Defendants. Defendants answered the complaint on June 1, 2022 and June 6, 2022. In opposition, Plaintiff notes Defendants did not plead an affirmative defense as to arbitration. Additionally, Plaintiff notes it propounded discovery to Defendant on May 31, 2022 and that Defendants' discovery responses on July 1...

Excerpt: ...ant Brenda L. Davidson (“Defendant Davidson”) obtained a loan from Zone Funding in the principal amount of $304,500.00 (“Loan”) and evidenced by a Note (“Note”) Defendant Davidson executed on June 7, 2006 in favor of Zone Funding. (UMF Nos. 1 and2.) The Loan was a refinance which paid off a prior loan Defendant Davidson had with EMC Mortgage Corp in the approximate amount of $269,189.12. (UMF No. 3.) The Note was subsequently lost or ...

Excerpt: ... for (1) breach of the implied covenant of good faith and fair dealing; (2) an accounting; (3) intentional and (4) negligent interference with prospective economic advantage; (5) unfair business practices; violation of (6) state and (7) federal unfair debt collection laws; (8) trade libel; and (9) recession based upon news stories ran by Sinclair and its former reporter, Cross‐Defendant Jeffrey Platt. The Court notes that Milan, in response to ...

Excerpt: ...rer to the fifth and sixth causes of action with leave to amend; Plaintiff shall have ten (10) days to file an amended complaint as to the fifth and sixth causes of action; (2) To sustain the demurrer to the fifth cause of action with leave to amend; Plaintiff shall have ten (10) days to file an amended complaint as to the fifth cause of action. Facts This case arises out of Plaintiff's former employment at International Paper Company (“Interna...