Excerpt: ... involving a solar purchase by Plaintiff in 2015, various representations made thereof, and the assignment of Plaintiff's solar loan, and servicing of Plaintiff's solar system, to various named Defendants, including Complete Solar Inc. ("CSI") and JAK Solar Loans 1 Limited ("JSL") after Plaintiffs initial purchase. Plaintiff now seeks to file a second amended complaint: a) naming Flextronics International USA, Inc. ("FLEX") as a defendant; b) cla...

Excerpt: ...ks, amongst other relief, an order determining two real properties—one in Tulare, the other in Modesto—and certain entity ownership interests are assets of the estate of Gilberto Cortez. Colin, who claims to have purchased the Modesto property, demurrers to the petition on various grounds. Colin's demurrer implicates a limited set of the broader collection of allegations in the petition—those bearing on the Modesto property he claims to law...

Excerpt: ...endant, Farmersville Police Department and naming individual Defendants Jenifer Gomez, Jay Brock, Ralph Vasquez. Plaintiff alleges she turned in a complaint form June 12, 2021 to Farmersville Police Department regarding an incident that occurred May 12, 2021. (FAC 92.) Plaintiff seeks a declaratory judgment for injunctive relief that "defendants must conduct an uncorrupt investigation on the plaintiffs formal written complaint relating to sexual ...

Excerpt: ...a has sued Defendants Food for Athletes, Inc., Gary Ferguson, Darren M. Long, Sr„ Brian Martinho, Becky Long and Darren Long, Jr. for breach of contract, elder abuse, constructive fraud, promissory fraud, unlawful business practices, shareholder inspection and direct suit for breach of fiduciary duty. Plaintiff filed this action September 22, 2022. Plaintiff alleges he became a shareholder in Food for Athletes starting in 2017 and continuing th...

Excerpt: ... of the transfer fee in the sum of $50 payable to the Tulare County Superior Court and the submission of a separate check for the filing fee in the sum of $435.00 payable to Fresno County Superior Court, to be submitted to the Tulare County Superior Court, to effectuate the transfer. The Court sets this matter outto November 30, 2023, 8:30 am, Dl, for status of the payment of the transfer costs to this Court and this Court's transmittal of the ma...

Excerpt: ... The Court intends to inquire as to the status of this deposition and whether the motion for protective order has been rendered moot. Plaintiff alleges she was a foster child in the care and custody of the County of Tulare. Plaintiff alleges she was placed with a foster family where she was sexually abused as a minor. Plaintiff took the deposition of the County's PMQ on August 16, 2023 including topics for the time period 1993 through 1995. The C...

Excerpt: ...September 1, 2023, Plaintiff filed this moton to reconsider and for leave to file an amended complaint. Authority and Analysis Though Plaintiff does not indicate a statutory basis for this motion, the motion references reconsideration. Code of Civil Procedure section 1008, states: "(a) When an application for an order has been made to a judge, or to a court, and refused in whole or in part, or granted, or granted conditionally, or on terms, any p...

Excerpt: ...trict ("VUSD.") In sum, the Court previously found that the first amended complaint generally alleging compliance with the Tort Claims Act as to VLJSD. However, more specific allegations of the first amended complaint, as well as VUSD's request for judicial notice of Plaintiff's prior opposition to demurrer that claims appear to have been presented to the City of Visalia and County of Tulare, contradicted that general statement and the Court sust...

Excerpt: ...uling sustaining the demurrer with leave to amend was based on Plaintiff's filing of this action on January 25, 2023, which the Court found to be over 90 days from the October 25, 2022 written notice of rejection of Plaintiffs claim against the estate of Decedent Christopher Mason pursuant to Probate Code section 366.2 The presentation of the underlying claim to the estate, the rejection thereof and the filing of this case are not in dispute. Pla...

Excerpt: ...hom the Trailer was purchased. Plaintiffs indicate they are "buyers" under California Civil Code S 2981(c) and S 1791(b). (Complaint 92.) Plaintiffs name Defendant FOREST RIVER, INC. (hereinafter "FOREST" and or "Defendant), as a manufacturer as defined by Civil Code SS 1791(j) and (l). (Complaint 93.) Plaintiffs name Defendant MAGIC TOUCH ("hereinafter 'MAGIC TOUCH'"), is a retailer as defined by Civil code S 1791(1). (Complaint "5, 7/) The comp...

Excerpt: ...r ruling denying Caltrans's first motion for prejudgment possession, the court found Caltrans had failed to establish an overriding need for early possession, having merely restated fts initial project objectives, and had only made a perfunctory showing that it would suffer hardship if early possession was denied. Caltrans had submitted a supporting declaration asserting only that "[i]f the State is denied possession[,] the daily damages are esti...

Excerpt: ... on Defendant's service of substantially complaint responses prior to the hearing on this motion. Facts Common to (1) and (2) In this motor vehicle accident matter, Plaintiff served the complaint by substitute service on February 7, 2023 on Defendant J Abraham Bedoya Olivares and Defendant AB & Sons Enterprises. Defendant answered as Defendant J Abraham Bedoya Olivares doing business as AB & Sons Enterprises on August 23, 2023. Prior to the answe...

Excerpt: ... to prepay per diem rent for the length of the stay. This unlawful detainer matter involves property located at 565 S. Walnut #A Porterville, CA 93257 ("Subject Property.") (Complaint 93.) The complaint alleges this is a sixty-day notice matter subject to the Tenant Protecton Act. (Complaint 99.) Pursuant to this Court's order on August 17, 2023, Plaintiff posted and mailed the summons, complaint and related documents on Defendant Brady on August...

Excerpt: ...ng the 271 Property to Kissinger for a ten (10) year term with rent at $5,300.00 per month, plus triple net expenses such as utilities, property taxes, and other charges ("Sublease." ) (Complaint 96.) The second agreement was a written lease agreement for Plaintiff, as lessee, to lease property located at 247 N. L Street ("247 Property") to Kissinger for a ten (10) year term with rent at $2,900.00 per month, plus triple net expenses such as utili...

Excerpt: ... made on August 3, 2023 at the Subject Pro#rty. The service was performed by a registered California process server. On September 5, 2023, default judgment was entered. On September 12, 2023, the writ was issued. On September 19, 2023, Defendant filed this ex parte motion for relief from default judgment. In support, Defendant indicates "I was never served." As to notice, Defendant indicates that notice to Plaintiff's attorney was provided via vo...

Excerpt: ...unt of Settlement (Net Estimated: $235,753.33) The gross settlement amount is $445, 130. Plaintiff estimates approximately 120 proposed Class Members, providing an estimated average payout of $1,960.00 per member. The Class Members consist of: "non-exempt employees employed and directly hired by Defendant KW in California at any time from January 3, 2018 through the date the Court grants preliminary approval, unless an earlier end date is selecte...

Excerpt: ... ("Plaintiff" or "CIDF") fourth cause of achon for breach of oral contract against all Defendants and ninth cause of action for implied easement against the "Landlord" Defendants. Plaintiff's Second Amended Complaint defines "Landlord(s)" as Kourosh Malakan, Trustee of the Koroush and Golnaz Malakan Family Trust; Nader Malakan, Individually and as Trustee of the Nader Malakan Revocable Trust, Avila Ranch, and FG2 Holdings. This second amended com...

Excerpt: ...orporation under the name "H & K, Inc." and states that the Plaintiff has been suspended by the Franchise Tax Board. Defendant provides a declaration detailing efforts to verify "H & K, Inc." In opposition, Plaintiff does not address this issue at all, but provides a summary of its argument in support of the complaint and of California community property law. Plaintiff does not provide any information or evidence as to the status of "H & K, lnc" ...

Excerpt: ...der; (2) To stay the litigation, including the demurrer, pend-ng the outcome of the reasonable probability determination under sections 391.1, 391.2 and 391.3. (1) Motion to Deem Plaintiff a Vexatious Litigant Defendant moves to declare Plaintiff Fraizer a vexatious litigant under Code of Civil Procedure sections 391, 391.1. 391.3 and 391.7 based on the continued relitigation of the same cause of action, claim and issues of fact and law that have...

Excerpt: ... multiple repair visits without successfully remedying the issue. Plaintiff, on February 14, 2022, filed this Song Beverly achon for breach of express and breach of implied warranties. Plaintiff propounded written discovery on GM, consisting of 37 requests for admissions, 46 requests for production of documents, 49 special interrogatories and 27 form interrogatories. The parties disagreed as to the sufficiency of GM's responses and Plaintiff file...

Excerpt: ...ons that, in June 2017, Bell Carter solicited and obtained $1.25 million dollars from plaintiffs to protect their position as producers in the olive market; and that Bell Carter fraudulently concealed it was simultaneously engaged in negotiations with a large Spanish olive producer conglomerate, Dcoop, which culminated in Dcoop becoming the almost-exclusive supplier of olives to Bell Carter and the destruction of plaintiffs' position in the olive...

Excerpt: ...tmates approximately 578 proposed Class Members, providing an estimated average payout of $924.88. per member. The Class Members consist of: "All current and former hourly-paid or non-exempt employees employed by Defendant G & J Heavy Haul, Inc. ("Defendant") within the State of California at any time between July 8, 2018, through June 3, 2023." Plaintiff primarily alleged the following violations: (a) Labor Code sections 510 and 1198 (unpaid ove...

Excerpt: ...ntiff, on December 7, 2021, filed this Song Beverly achon for breach of express and breach of implied warranties. Plaintiff' written discovery on GM, consisting of 37 requests for admissions, 46 requests for production of documents, 49 special interrogatories and 27 form interrogatories. The parties disagreed as to the sufficiency of GM's responses and Plaintiff filed various motions to com#l further responses and for a of GM's person most qualif...

Excerpt: ...n the fifth cause of action for fraud on the basis of a failure to allege a transactional relationship between GM and Plaintiff. Specifically, that the lack of allegations in the initial complaint that the Subject Vehicle was purchased from an authorized dealership or that the dealer is the agent for purposes of sale of GM vehicles to Plaintiff. (Dhita/ v. Nissan North America, Inc. (2022) 84 cal.App.5th 828, 844.) The First Amended Complaint all...

Excerpt: ...,395.06. Defendant answered the complaint on May 11, 2023, admitting all of the allegations of the complaint and stating that Defendant had tried to come to an arraignment with Plaintiff, but was unable to do so. Meet and Confer Plaintiff states that counsel attempted to contact Defendant regarding this Motion in accordance with Code of Civil Procedure section 439(a). "Before filing a motion for judgment on the pleadings pursuant to this chapter,...

Excerpt: ... "joint venture," "partnership" or "common enterprise" with them. In the now second amended complaint, CIDF states various claims, the principal contentions of which are that the defendants failed to fix dairy equipment and fixtures, failed to pay for things to be fixed, and failed to provide certain accommodations for CIDF's dairy operations, including water and wastewater disposal accommodations. In a generally stated listing of prayers for rel...

Excerpt: ... 24, Rosario Soto who was erroneously sued as defendant, Rosorio Soto, appeared, took the oath under penalty of perjury, and submitted himself to the judgment debtor examination of Plaintiffs' counsel. At the judgment debtor examination, Rosario Soto represented that he was attempting to refinance his home to satisfy the Plaintiffs default judgment. On or about August 9, 2011, Plaintiffs received notice from the Internal Revenue Service that Rosa...

Excerpt: ... an alleged slip and fall on an unknown substance while lawfully on Defendants' premises on September 29, 2020. After discovery responses identified providers who treated Plaintiff for injuries allegedly caused by the slip and fall and partial records containing redacted medical history, Defendant issued subpoenas to: (1) Raman Verma, MD; (2) Kaweah Delta District Hospital ROI Department; (3) Kaweah Delta District Hospital Visalia Films; (4) Kawe...

Excerpt: ... located at 313 South W Street, Porterville, CA 93257 ("Subject Property." ) (Complaint '13.) Plaintiff, representing himself, alleges an interest in the Subject Property as owner. (Complaint 93.) The complaint alleges this is a three day notice to pay rent or quit matter. (Complaint '19.) On August 17, 2023, Plaintiff filed a prtnf of service of the summons and complaint indicating personal service on Defendant was made on August 10, 2023 by a C...

Excerpt: ...s commencing May 15, 2022 until the is paid in full. The parties executed a stipulation for settlement and obtained an order regarding stipulation for settlement and entry of judgment with an express reservation of the Court's jurisdiction under Code of Civil Prmædure section 664.6 prior to dismissal by the Court. Plaintiff indicates that, to date, Plaintiff has received only from Defendant. Defendant, therefore, seeks entry of judgment in the p...

Excerpt: ...05C)- 037. The taking includes approximately 5,800 square feet of road right-of-way and fee title, and about square feet of temporary construction easements ("Subject Property." ) The project for which the property is to be acquired is the Road 67 Operational Improvements Project (the "Project"). The Project generally consists of repaving and widening a portion of Betty Drive between County Road 67 and Robinson Road, as well as installing drainag...

Excerpt: ...n June 14, 2023 as against named Defendant Jose Garcia. Personal service appears effective against Julie Musgrave #rsonally on June 15, 2023. This is a sixty day notice to quit claim. On June 27, 2023, moving party Julie Musgrave filed a prejudgment claim of right of possession and answered the complaint. On July 7, 2023, the Court sent Defendant Musgrave, at the address listed on her answer, 27598 Highway 99, a notice of trial to be held July 31...

Excerpt: ...Edwards." Personal service appears effective against "Sherman Edwards" on June 15, 2023. On June 23, 2023, moving party Sheriron Edwards filed a prejudgment claim of right of possession and answer listing "27598 HY 99" as his address. On July 7, 2023, the Court sent Sheriron Edwards, at the address listed on his answer, a notce of trial to be held July 31, 2023 8:30 am in Department 7. On July 31, 2023, the Court held trial and entered judgment i...

Excerpt: ...the County of Tulare and Does 1 through 25. The complaint alleges negligence on the County of Tulare for the sexual abuse suffered by Plaintiff during her childhood placement in foster care. On August 30, 2022, Plaintiff filed a Code of Civil Procedure section 827 petition to request her juvenile records from the Tulare County Juvenile Court. Said records were ultimately released by County of Tulare to Plaintiff on approximately November 5, 2022....

Excerpt: ...ging Plaintiff's interest in the property located at 1431 S. Crowe St. Visalia, CA 93277 ("Subject Property") is as "property manager for owner Sabina Hack" and attaches a purported authorization letter from 2021 that purportedly authorizes the named Plaintiff Katie Roepke-Brenner (as well as Elizabeth DiOrio) as property manager and to pursue eviction actions. The Court notes the attached written lease indicates that "Elziabeth DiOrio hereby lea...

Excerpt: ...ontinued it to this date to permit supplemental filings addressing the sufficiency of the amount this matter resolved for, the calculation of attorneys' fees and submission of the settlement to the LWDA. On August 21, 2022, Counsel filed a supplemental declaration addressing these issues. 1. Sufficiency of Amount of Settlement (Net Estimated: $24,845) The starting settlement amount is $343,000. Defendant previously paid $93,000 paid in connection...

Excerpt: ...r; Kaweah Health Medical Group; and Does 1 to 40. On June 2, 2023, Plaintiff obtained an order permitting the naming of Doe 1 as Thomas Maclennan, M.D. On June 12, 2023, Plaintiff filed an amended complaint naming Sierria View District Hospital, Sierra View Medical Center and, as Doe 1, Defendant Dr. Maclennan (collectively "Defendants." ) Plaintiff alleges negligent medical care occurred during his hospitalization in April 2017 (FAC 2,3.) Specif...

Excerpt: ...cated at 1475 Hillcrest Avenue, Tulare, California 93274 ("Subject Property.") (Complaint 93.) The Court notes this action is based on a three day notice to pay rent or quit. Defendant Rush could not, according to various declarations of diligence filed in this Court, be personally served with the summons and complaint. Thereafter, Plaintiff applied for and received an order from this Court to effectuate service via posting and mailing under Code...

Excerpt: ...y Defendant Jaidan Barajas. Plaintiff alleges parental liability against Defendant Angela Farias under Civil Code section 1714.1 Default as to these Defendants was entered on June 27, 2023. Defendants do not contest service of the summons and complaint. Defendants, on July 11, 2023, filed this motion for relief from default. Defendants instead indicate that Defendant Farias appeared at the case management conference on June 7, 2023 and indicates ...

Excerpt: ...entification number, IGNSCCKCXFR221867 ("Vehicle"). On or about the same day, for valuable consideration, the Agreement was assigned to Plaintiff. (UMF No. 1.) Plaintiff's lien on the Vehicle was perfected with the State of California Department of Motor Vehicles. (UMF No. 1.) Plaintiff advanced the funds that were secured by the Vehicle pursuant to the Agreement, thus its performance of the Agreement was filled. (UMF No. 2.) On or about April 10...

Excerpt: ...er on February 8, 2021. (Complaint 91.) Plaintiff Kristen thereafter presented to Defendant Kaweah Health after waking up on February 10, 2021 with reported numbness and an inability to walk. (Complaint 92.) Plaintiff alleges that she was treated by Defendants Defendant Laurie Hagopian-Dresser, DO and Defendant Matthew Henschel, DO while admitted for four days at Defendant Kaweah. (Complaint 96.) Plaintiff Kristen alleges a single cause of action...

Excerpt: ...d church-sponsored youth programs where Doe 5 was employed.. (Complaint "1 2, 3.) Demurring party Defendant Doe 1 is alleged to be a religious, non-profit corporation that concurrently hired, employed, oversaw, supervised, and controlled Doe 5. (Complaint "5, 19.) Plaintiff alleges Doe 1 owned, controlled, managed, oversaw, directed, and operated a variety of other services to its membership and others in the community including the youth mentors...

Excerpt: ...itioner Terra Bella Voice for Change filed its amended petition containing a single cause of action for violation of the California Environmental Quality Act ("CECA") as to the County of Tulare's ("County") approval of an addendum to the Terra Bella Community Plan Update Mitgated Negative Declaration on August 18, 2020 ("Addendum") and to set aside "any related findings, approvals, or other determinations made in reliance on the Addendum." (Amend...

Excerpt: ...t in support of punitive damages. The Court has found that the underlying allegations as to oppression are sufficient as to the renting of a room with knowledge of infestation of bed bugs. However, the Court granted leave to amend the prior pleadings specifically on the issue of the knowledge, ratification, authorization or direct conduct by Defendant's managing agent as to the oppressive conduct alleged. The second amended complaint, as to the m...

Excerpt: ...iability and damages phases. The County generally states that justice would be promoted by separating liability and damages because a jury may be emotional and sympathetic to Plaintiff as it hears testimony as to damages. The County further generally states that the estimated length of trial of 7 days could be reduced because "the issue of liability should not take seven (7) days to establish and would require less witnesses. In contrast, the dam...

Excerpt: ...filed an answer to the underlying complaint in this matter August 15, 2022. Defendant Bauer was also named in a cross-complaint filed October 13, 2022 and answered the cross- complaint on November 15, 2022. Bauer now moves to amend his answers. All parties have stipulated to the amendment seeking to add the affirmative defense of sudden emergency. Authority and Analysis The Court may, in the furtherance of justice, and upon any terms as may be pr...

Excerpt: ...ate Defendants from statutory immunity and/or prevent application of the rule set forth in Fettgather as to compliance with the underlying Business and Professions Code section 820 order; (2) To grant the special moton to strike as to the causes of action for defamation, medical malpractice (as it relates to the sending of the small claims pleadings) discrimination (as it relates to the same), retaliation, fraud, breach of fiduciary duty, conspir...

Excerpt: ...rnia 93274 ("Subject Property"). (Complaint 93.) On July 28, 2023, Defendant Melissa Ann Carrasco filed a motion for relief from default and to stay execution of the writ. At the hearing on August 1, 2023, the Court noted Defendant shall pay $1,600 by August 2, 2023 at 10:00 am to Plaintiff's counsel and if payment is made, the lockout is extended to September 1, 2023. On August 15, 2023, Defendant filed this motion to vacate the default judgment...

Excerpt: ...or failure to present evidence that Peninsula is an intended third party beneficiary; to stay the entire action pending the arbitration against Sonoco. Parties to appear at CMC to discuss the status of Peninsula Packaging, LLC. Background Facts Plaintiff brings this class action and PAGA case for various violations of the Labor Cuie. (Complaint.) Defendants Sonoco Plastics, Inc. and Peninsula Packaging, LLC ("Peninsula") (collectively, "Defendant...

Excerpt: ... 7.) Atkins disputes that it was not "advised" "upon commencement" but instead advised "after commencement" that it would be responsible for the fees at issue. (Disputed to UMF No. 6.) Atkins paid the fees under protest and then instituted this litigation to recover what it paid. (UMF No. 8.) At issue is the contract provision under 70-02 entitled "Permits, Licenses and Taxes" which states, in full: "The Contractor shall procure all permits and l...