Excerpt: .... Nelson were substituted as counsel June 19, 2017. Parties appeared on July 27, 2017. Petitioner's counsel sought a continuance of the petition, which the Court denied and took the matter off calendar. Since that appearance, no action has been taken on this matter. On October 30, 2023, the Court set an OSC re: lack of prosecution and for sanctions addressed to: "ANGELICA ANGUIANO LAW OFFICES OF MARK S. NELSON 215 MCHENRY AVE MODESTO, CA 95355" C...

Excerpt: ...on's (Boston) moton for a protective order concerning this same subpoena. The court deemed Boston's request for an absolute bar against further discovery overbroad. Because the background of this discovery dispute was covered during the prior motion, it is not fully recounted again here. With the motion now at issue, the court is occasioned to determine a significantly narrower matter than the blanket discovery bar presented by Boston's motion. H...

Excerpt: ...(IJMF No. 2.) Plaintiff alleges Defendant breached the standard of care in (1) his treatment of Plaintiff by refusing to admit her when she presented to the emergency department; (2) in his treatment of her when she was admitted; (3) by refusing to care for her after she was admitted; and (4) when he discharged her after concluding treatment. (IJMF No. 3.) Defendant submits that his expert, Scott P. Serden, M.D, based on his knowledge, education,...

Excerpt: ... involve litigation of custody and visitation involving their two minor children. The court takes judicial notice that there has been substantial litigation activity in the family law case. Jonda and Jennifer Salmon were once long-time friends. Now they are not. Jennifer Salmon and Vernon Avila are now friends. On April 21, 2023, Jonda wentto Vernon's home and Jennifer was there. Jonda maintains that Vernon had refused to take their children to s...

Excerpt: ...mplaint for negligence involving a motor vehicle accident between Plaintiffs and Defendants Kelley and T & T Trucking and Crane (really Offshore Crane and Service Co. dba T&T Truck and Crane Service.) Plaintiffs allege that Defendant Kelley operated a tractor trailer owned by Defendant Offshore which crossed into Plaintiffs' lane too close to Plaintiffs and without suffic:ient speed or acceleration, causing Plaintiffs to steer their vehicle to th...

Excerpt: ...matter pursuant to this continuance. Undisputed Material Facts Plaintiffs April Franks, Gary Franks, Jr., and Jessica Alvarez ("Plaintiffs") allege Defendants Julia Nagle, P.A. and CEP America-California ("Defendants") provided negligent medical care to Plaintiffs' decedent, Gary Franks, Sr., after he fell and hit his head at home, by failing to timely diagnose and treat a subdural hematoma when he presented to Kaweah Health Medical Center on Jan...

Excerpt: ... and information as to the presently incurred costs. On December 1, 2023, Plaintiff's counsel filed additional declarations as to these issues. Attorneys' Fees and Costs Attorneys' fees of 35% of the gross settlement fund of $585,000 or $204,750 and costs not to exceed $20,000 are sought by Plaintiff's counsel. Counsel has utilized the percentage of common fund methodology as well as provided adequate lodestar information to evaluate the reasonab...

Excerpt: ...herein judgment was entered for possession only. The writ of possession was issued December 5, 2023. Defendant, on December 7, 2023, filed this ex parte motion to stay the execution of the writ of possession. Defendant states, as to hardship, one son living with her, zero monthly income (employment pending) and appears to state that she did not receive notice of the trial because the landlord has locked her mail and that she was in the hospital f...

Excerpt: ...ornia. There were approximately 36 passengers on the bus. Including this complaint, at least two others have been filed in Tulare County under Case No. VCLJ297757 (Plaintiff Fernando Murillo), and Case No. VCU295678 (Plaintiff Satnam Singh.). (Declaration of Waghalter 92.) Additionally, another Plaintiff, Rebecca McCormick, has filed a lawsuit regarding the above incident in Los Angeles County, under Case No. 23SMCV04034 (the Los Angeles Action.)...

Excerpt: ...; (ii) failure to provide meal periods and paid rest breaks; (iii) failure to pay all overtime hours worked; (iv) failure to timely pay wages; (v) failure to provide accurate itemized wage statements; (vi) unfair competition; and (vii) willful misclassification. On March 7, 2022, an amended complaint was filed adding Plaintiff Gonzalo Silva as a party, but leaving unchanged the allegation that the wage and hour violations occurred when CVT had pl...

Excerpt: ...ent purposes came on for hearing on December 7, 2023. The Court finds and rules as follows: On November 13, 2023, the settlement administrator IYLM Group, through its Case Manager, filed a declaration detailing the following events. On June 30, 2023, the administrator received a mailing list of 157 potential class members from Defendant's counsel with names, contact information, social security numbers and relevant employment information. On Augu...

Excerpt: ... located at 1114 Martin Luther King Jr Ave., Unit 1114B, Tulare, California 93274 ("Subject Property") resulting in a bed bug infestation. Plaintiffs allege eight causes of action, including, relevant here, the seventh cause of action for violation of Business and Professions Code 17200 and for punitive damages. The complaint alleges that around December 2022, Plaintiffs rented and moved into the Subject Property and immediately notified Defendan...

Excerpt: ...departments and employees as defendants (collectively, the "State Defendants") in the First Amended Complaint: 1. The Department of Justice (DO]), Attorney General Rob Bonta, Supervising Deputy Attorney General (SDAG) Andrew Steinheimer and Deputy Attorney General (DAG) Anahita Crawford; 2. The Medical Board of California (Medical Board or MBC); 3. The Department of Consumer Affairs (DCA), Investigator Ryan Blonein and Investigator Jorrell Abutin...

Excerpt: ... and Golden Valley Properties, Dina Flores and Luis Flores (collectively "Flores" ) The Flores demurrer to each cause of achon for failure allege suffcient facts to state a cause of action and for uncertainty. The Woods filed a demurrer joining the Flores demurrer. Second through Tenth Causes of Action Though Defendants collectively demurrer to all ten causes of action in Flores' notice of demurrer, the Court notes at the outset that Defendants F...

Excerpt: ...ation of Labor Code section 6310. On May 10, 2023 and June 5, 2023, Defendant communicated with Plaintiff, through counsel, as to Plaintiff's availability for deposition. No response as to Plaintiff's availability for deposition was received. On August 10, 2023, Plaintiff was served with a notice of deposition, setting the deposition September 13, 2023 at 9:00 am. Plaintiff's response indicated a lack of availability for that date and a request t...

Excerpt: ...of care, these moving defendants also argue that Plaintiff added them to this achon beyond the permissible statute of limitations under Code of Civil Procedure section 340.5. Material Facts On March 24, 2022, Plaintiff filed her Complaint in Tulare County Superior Court alleging one cause of action for Negligence against Adventist Health Tulare; Matthew Tate, P.A.; and William R. Burge, M.D. (Undisputed Material Fact ("UMF") Nos. 1:1, 1:15.) (The...

Excerpt: ...ngs, LLC dba Westgate Gardens Care Center ("Defendant Westgate") and Providence Administrative Consulting Services, Inc.'s ("Defendant Providence") skilled nursing facility. Plaintiff David Jones, through Linda, brings a causes of achon for violation of the Elder and Dependent Adult Civil Protection Act, for negligence and willful misconduct, and for violation of the Patent's Bill of Rights. Plaintiffs Linda and Lindsay Jones individually bring a...

Excerpt: ...posed Class Members, providing an average proposed payout of The Class Members consist of: All current and former nonexempt California employees of Saputo employed at any tme from May 27, 2015 through and including March 30, 2023. On May 27, 2020, Plaintiff filed a class action against Saputo. This case was removed July 24, 2020. On August 5, 2020, Plaintiff filed a PAGA action which was stayed pending resolution of the class acton. (Case No. VCU...

Excerpt: ...2.112. On July 14, 2023, Plaintiff filed the First Amended Complaint alleging two tort-based causes of action against Defendants, and alleging that Plaintiff had filed a simple "complaint form" with the Farmersville Police Department in 2021 in satisfaction of the tort claims presentation requirement. The Court again sustained Defendant's demurrer with leave to amend to permit pleading compliance with the presentation of tort claims requirements....

Excerpt: ...y 2CM, she and her husband obtained a $39,998.78 loan (the "Loan") from lender Assoc:iates Financial Services Company of California, Inc. (Complaint '1 9.) The terms of the Loan are set forth in a Promissory Note ("Note"), and repayment of the Loan is secured by a Deed of Trust (the "DOT") recorded against the Property located at 119 N. Orange Avenue, Exeter, California (the "Property"). (Complaint at Ex. A) In connection with the Loan and DOT, P...

Excerpt: ...rs employees and servants, including the nursing staff and technicians; and (2) vicarious liability forthe negligence of the physicians who provided care to Plaintiff at Sierra View Medical Center. Plaintiff alleges medical malpractice as to the December 5, 2021 failure to remove ectopic pregnancy and follow up care and on December 7, 2021 as to the initial refusal to admit Plaintiff to the emergency room and breach of standard of care when Plain...

Excerpt: ...he Court ordered Plaintiff's individual PAGA claims to arbitration and stayed this matter as to Plaintiff's representative PAGA claims. The parties settled Plaintiff's individual PAGA claims in a separate settlement not contingent upon this action. This settlement is to Plaintiff's representative PAGA claims and, if approved, will resolve all claims in this lawsuit. 1. Sufficiency of Amount of Settlement (Proposed Net Distribution: $135,666.67) T...

Excerpt: ...rike punitive damages under the prayer related to medical malpractice without leave to amend; to find the availability of attorneys' fees as to fraud moot by the ruling on the demurrer providing leave to amend; to grant the motion to strike as to "attorney's fees as authorized by law" without leave to amend as to "all causes of action." (1) Demurrer Plaintiff, alleges moving Defendants Redwood Family Dentistry and Jasjeet S. Malli, D.D.S. were pr...

Excerpt: ...ved Plaintiffs with full and complete responses and objections to their Deposition Notice. GM specifically objected to the notce on grounds that the date of August 29, 2022, had passed. Despite GM's objections, GM agreed to a PMQ for deposition as to Category Nos. 1-2, subject to certain terms, at a mutually agreeable time and place. GM further identified and referred Plaintiffs to the documents which were produced to Plaintiffs in response to th...

Excerpt: .... Plaintiffs filed this matter April 7, 2022. Defendants filed an answer December 2, 2022. Despite Plaintiffs' filing of a case management statement on February 27, 2023 as to the case management conference March 14, 2023, Plaintiffs counsel failed to appear at that case management conference. Therefore, the Court set an order to show cause as to dismissal for May 2, 2023 and continued the case management conference to that date. On May 2, 2023, ...