Excerpt: ...in the performance of certain dental implant treatment. As to the third cause of action for fraudulent misrepresentation, Plaintiff seeks "reasonable attorneys' fees and costs" and on all causes of action "for attorneys' fees authorized by law." The first amended complaint also states: "14. The actions of Defendant Redwood Family Dentistry and its associated dentists, particularly Dr. Jessy Malli, D.D.S., constitute a clear violation of the Calif...

Excerpt: ... schedule: Defendant agrees to pay Plaintiff a minimum of $200.00 due on or before 5/31/2023, then a minimum of $200.00 due by the 30th day of each and every month thereafter beginning 6/30/2023, until Defendant has paid the total judgment amount. The stipulation also prov-des that Defendant agrees to pay any first appearance fee should Plaintiff file the stipulation. The stipulation does not provide for any other costs. Defendant made two initia...

Excerpt: ... the hearing were made by either party and the Court sent notice of its ruling by mail the same day. On December 7, 2023, Defendant moved this Court ex parte to dismiss the matter for failing to timely amend the complaint. The Court then set this matter for noticed moton on January 4, 2024 date. The Court then continued the matter to this date and is hearing this motion simultaneously with the moton to expunge lis pendens. Defendant states that t...

Excerpt: ...ms pending arbitration. Background Facts In this matter, Plaintiff, on behalf of himself and other persons similarly situated, brings various causes of action for violations of California's Labor Code and unfair competition laws on a class wide basis, and for violations of the Private Attorneys General Act (PAGA). Plaintiff has named as defendants Shannon Bros. Co and SBC U)gistics, Inc. Defendants, collectively, move for an order compelling arbi...

Excerpt: ...aintiffs presented the Subject Vehicle to GM's authorized repair facility on three (3) different occasions. Plaintiff filed this lawsuit in June 2020, alleging violations of the Song-Beverly Act, breach of express and implied warranties and fraud by omission. The matter resolved via settlement and Plaintiffs move for recovery of attorneys' fees and costs pursuant to this noticed moton. Plaintiff notes that it engaged in what the Court considers t...

Excerpt: ...d the Subject Vehicle to GM's authorized repair facility on four (4) different occasions. Plaintiff filed this lawsuit in August 2020, alleging violations of the Song-Beverly Act, breach of express and implied warranties and fraud by omission. The matter resolved for $17,500 (the approximate amount equivalent to a repurchase under the Act) plus recovery of attorneys' fees and costs pursuant to this noticed motion. Plaintiff notes that it engaged ...

Excerpt: ...of filing, was represented by counsel and is the only remaining Plaintiff. The Court, on December 4, 2023, entered an order granting withdrawal by Plaintiff Marcelino's now former counsel. The underlying basis for the withdrawal was that former counsel had lost contact with Plaintiff Marcelino, that efforts, including the use of a private investigator, revealed that Plaintiff Marcelino has likely left the country. The last known address was "1684...

Excerpt: ...ack of a reply brief) the day before, January 7, 2024. Pursuant to the rules noted above and the Court's website, "any party opposed to the tentative ruling must notify the court and other parties by 4:00 p.m. today of their intention to appear for oral argument." The Court did not receive a timely request for oral argument from Defendant. The Court received a request for oral argument at 4:54 pm on Friday, January 5, 2024 from Defendant. The Cou...

Excerpt: ...his Court to deem admitted requests for admissions, set one, numbers 1 through 11. On October 30, 2023, the Court adopted its tentative ruling, deeming admitted the truth of each matter specified in requests for admissions numbers 1 through 9. These requests, now admitted, are as follows: "1. Arnulfo Jimenez had a credit account number 1531. 2. Credit account number 1531 was issued to Arnulfo Jimenez by SYNCHRONY BANK. 3. Arnulfo Jimenez received...

Excerpt: ... modify all references to 1981 to "from 1984 to 1986." Plaintiff states that upon review of her foster care records, it was discovered that Plaintiff was a dependent of Defendants from 1984 to 1986 and Plaintiff was placed by Defendants in a foster care home located in the County of Tulare in 1984. (Declaration of Kelly 96.) However, the Court has never authorized the substitution of the fictious name Doe 1 for the true name of Doe 1. The Court's...

Excerpt: ...e basis of an improperly served three day no
Ÿce. The Court, on January 9, 2024, overruled the demurrer and expressly ordered Defendant to Þle an answer no later than Þve days from the date of the hearing. Instead, Defendant, on January 11, 2024, Þled an un
Ÿmely mo
Ÿon for judgment on the pleadings in contraven
Ÿon of the Code of Civil Procedure and this Court's order. Code of Civil Procedure sec
Ÿon 438(f)(2) authorizes the Þling of a ...

Excerpt: ...ass action and PAGA settlement, attorneys' fees, costs, enhancement award, LWDA payment and class certification for settlement purposes came on for hearing on January 18, 2024. The court finds and rules as follows: On July 18, 2023, the settlement administrator, IYLM, received a mailing list of 276 potential class members from Defendant's counsel with names, contact information, social security numbers and relevant employment information. This in...

Excerpt: ...l malpractice that accrued August 16, 2022. The petition states that on August 16, 2023, Petitioner applied to Defendants Sierra View Local Health Care District, Tulare County, City of Porterville, and State of California for permission to file a late claim under Government Code section 911.4. No presentation of claim had occurred as to any Defendant under Government Code secton 911.2. The City of Porterville denied the application on September 6...

Excerpt: ...e Subject Property's prior owner. (Complaint he complaint then alleges that Plaintiff purchased the Subject Propertyon March 3, 2023, and that "The defendant signed a rental agreement with a rent amount of $975.00 per month." (Complaint 96.) The complaint thereafter attaches a written lease agreement dated July 1, 2023. (Complaint — Ex. 1.) Defendant Castellanos argues that the complaint is rendered uncertain by pleading that the agreement to r...

Excerpt: ...serve the amended answer and file a proof of service thereof pursuant to Code of Civil Procedure. (2) To grant the moton with leave to amend; Cross-complainant Ernestine shall have ten (10) days to file an amended cross-complaint addressing the issues noted below; Ernestine is further ordered to serve the amended cross-complaint and file a proof of service thereof pursuant to Code of Civil Procedure. (3) To grant the motion with leave to amend; C...

Excerpt: ...f Police of Visalia Police Department. The subpoena seeks documents produced on November 15, 2023 to Plaintiff as deposition offcer. The subpoena is directed to Defendant Fahoum personally. The subpoena seeks: "Any and All documents that refer to, relate to or reference the employment of Luma Fahoum with Visalia Police Department including but not limited to her personal file, payroll records, contract, agreements, emails, medical record, benefit...

Excerpt: ...023, served Form Interrogatories — General, Set One, Form Interrogatories — unlawful Detainer, Set One, and Requests for Admission, Set One on Defendant Tovar via overnight delivery. No responses have been received as of the date of filing of this motion. Trial (and this motion) was initially set for January 2, 2024. Defendant was served personally with this moton pursuant to the filed proof of service. 80th trial and this motion were continu...

Excerpt: ...ffirmative defense. Defendant seeks to compel arbitration based upon an arbitration agreement that appears to be part of Plaintiff's onboarding upon hiring. "On petition of a party to an arbitration agreement alleging the existence of a written agreement to arbitrate a controversy and that a party thereto refuses to arbitrate such controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines th...

Excerpt: ...alifornia, LLC and Providence Group, Inc. for negligence, elder abuse, violation of the Health and Safety Code section 1430(b) and wrongful death. On or about March 21, 2023, Decedent was admitted as a resident at a skilled nursing facility operated by Defendants for multiple medical conditions. (Complaint 913.) The complaint further alleges that Decedent suffered a fall at the facility on April 5, 2023, which in turn caused a leg wound that deve...

Excerpt: ...roof of service thereof (Exhibit 3) that indicates service of the Notice was made to Defendant personally and by posting and mailing to the address of the Subject Property. Defendant demurrers on the basis that he does not receive mail at the Subject Property address and therefore did not receive proper service of the Notice on which this complaint is based. However, this factual issue regarding receipt of mail is supported by a declaration of De...

Excerpt: ...but a different date of birth. (Complaint — Attachment.) Plaintiff alleges he tested positive for COVID-19 on July 20, 2022 and was sick for approximately 14 days. (Complaint — Attachment.) Plaintiff names the Deputy District Attorney, Kalina Laleva, as the sole defendant in this matter, alleging that Defendant Laleva, was the prosecuting attorney who caused the transfer to occur. (Complaint — Attachment.) Plaintiff's form complaint checks ...

Excerpt: ...lawful detainer statutory scheme and then later amended and entered on January 26, 2015, to include past due rent, holdover damages, attorneys' fee and costs in the amount of $5,212.20. On May 7, 2015, a claim of exemption hearing was held regarding garnishment of Defendant's wages capped at $150 per month and attended, in person by Defendant. Evidently, the money judgment went unsatisfied. On March 28, 2023, Plaintiff filed an application to ren...

Excerpt: ...by Anthony Longabordo on October 16, 2023. The Court's file contains no other opposition to this motion. The Court's file contains no reply brief. Material Facts The complaint initially filed in Case No. VCU285270 by Plaintiff Pacific Properties Sales & Management, Inc. seeks declaratory relief based upon a written document attached as Exhibit A to the complaint (the "Purported Lease.") (UMF Nos. 1, 2.) The real property to be conveyed under the ...

Excerpt: ...y to calculate the lodestar figure and information as to the presently incurred costs. Such supplemental documents were filed December 22, 2023. Class Notice The settlement agreement provides no claim form will be required of class members to participate in distributions. Only those wishing to object or opt out must file notce with the settlement administrator. Objections or opt-out notices are to now to be made within 60 days. The Court regularl...

Excerpt: ... to deem admitted requests for admissions, set one, numbers 1 through 11. On October 30, 2023, the Court adopted its tentative ruling, deeming admitted the truth of each matter specified in requests for admissions numbers 1 through 9. These requests, now admitted, are as follows: "1. Arnulfo Jimenez had a credit account number 1531. 2. Credit account number 1531 was issued to Arnulfo Jimenez by SYNCHRONY BANK. 3. Arnulfo Jimenez received periodic...