Excerpt: ...to fixed term one year lease with $800 due per month commencing October 21, 2021. (Complaint ¶ 6.) The Court notes the attached rental agreement appears to provide for a month to month lease commencing September 8, 2021, is unsigned by the Defendant. (Complaint Pages 6‐9.) The Court also notes an attachment purported to be a letter from the Housing Authority of Tulare County indicating the anniversary date of the lease on the Subject Property ...

Excerpt: ...Citibank. (Complaint ¶1.) Plaintiff notes it “is a debt buyer as defined by Section 1788.50 of the CA Civil Code. Plaintiff and Plaintiff's counsel's application for license pursuant to Financial Code Section 100000 et. seq. are pending issuance with the Nationwide Multistate Licensing and Registry and/or the California Department of Financial Protection and Innovation.” (Complaint ¶4.) Plaintiff further alleges “Section 1788.50 of the CA...

Excerpt: ... (2) To grant the motion; to compel arbitration as to the Class Action Case and as to the individual claims of Plaintiff Leija in the PAGA Case; to strike the class allegations; to stay the Class Action Case pending arbitration; to stay the representative portion of the PAGA case pending arbitration and the California Supreme Court's decision Adolph v. Uber Technologies, S274671, 2022 Cal. LEXIS 5021. (1) Facts Plaintiff seeks leave to amend the ...

Excerpt: ...th Plaintiff MAGDALENO RAMIREZ CANDIDO's matter, Case No. VCU292210 (the “Candido Matter”) for pretrial discovery and trial. The Galicia Matter ‐ VCU291805 In the Galicia Matter, Plaintiff Galicia seeks recovery for injuries sustained as a result of an automobile accident on September 10, 2021 at the intersection of State Route 201 (CA‐201) and Road 40 in or near Dinuba, Tulare County, California. Plaintiff Galacia alleges Defendant Alvin...

Excerpt: ... Valley (“UHC” or “Defendant.”) The complaint alleges that “Venue is proper in this Court because, upon information and belief, Defendant maintains offices, has agents, employs individuals, and/or transacts business in the State of California, County of Tulare.” (Complaint ¶4.) Further, Plaintiff alleges “Defendant [UHC], at all times herein mentioned, was and is, upon information and belief, a California corporation, and at all ti...

Excerpt: ...ourt for relief from the claims filing requirements and the Court granted the relief sought. As such, the demurrer as to compliance with the claims presentation requirements is overruled. The Court will address the substantive arguments as presented in the remainder of the demurrer. On June 23, 2022, Plaintiff filed a first amended complaint alleging one cause of action for discrimination, a second cause of action for failure to prevent discrimin...

Excerpt: ...f of service as to Defendant Karadjian indicating he was served with the summons, complaint and civil case cover sheet on June 1, 2022 at 1:51 pm at 480 N. Vermont Ave, Dinuba, CA. A registered process served Defendant Karadjian. The Court also notes service by the same process server, at the same time and location, on Defendant Karadjian as the agent for service of process and corporate director of Defendant Gold Mountain Pakcing, Inc. filed on ...

Excerpt: ...te of Wanger Jones Helsley PC, due no later than thirty (30) days from this hearing. Facts This limited civil case alleges two causes of action for open book account and account stated as against Defendant Juan Torres Construction Inc. Plaintiffs First Set of Request for Admissions were served on July 14, 2022. Defendant served responses on August 18, 2022. The responses stated: “Responding Party incorporates by reference the aforementioned Pre...

Excerpt: ... 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 employees within California.” (FAC ¶ ...

Excerpt: ...panish. (Complaint ¶¶2, 3, 4.) Defendant Ken Horn is the Principal and Superintendent of Defendant Sequoia Union Elementary School. (Complaint ¶7.) Plaintiff pleads two causes of action: 1) Violations of the Confidentiality of Medical Information Act as codified within California Civil Code § 56.20(b) and 2) Violations of the Confidentiality of Medical Information Act as codified within California Civil Code § 56.20(c). On September 7, 2021,...

Excerpt: ...Mitigation/Early Childhood Director” for the Tulare City School District. (Complaint ¶3.) Defendant Ira Porchia's job title is “Director of Child Safety.” (Complaint ¶4.) Philip Pierschbacker's job title is “Assistant Superintendent of Personnel” (Complaint ¶5.) Plaintiff pleads two causes of action: 1) Violations of the Confidentiality of Medical Information Act as codified within California Civil Code § 56.20(b) and 2) Violations ...

Excerpt: ...o and Eric Miller entered into year‐long tenancy with $1,750 due per month. (Complaint ¶5 – Ex. 1.) The lease after expiration of the year became month to month. (Complaint ¶5 – Ex. 1.) On September 20, 2022, Plaintiff caused a three‐day notice to pay rent or quit (“Notice”) to be served on Defendants by posting and mailing. (Complaint ¶7 – Ex. 3.) The Notice states rent due in the amount of $12,355 consisting of $1,750 per month...

Excerpt: ...sulting fee of $95,550.00 for a cumulative loan that totals $5,460,000,” which fee would be “pro‐rated to reflect the actual funds raised should UFIG investor base fail to fund the entire required amount of $5,460,000.00.” (Complaint ¶ 7.) Plaintiff further alleges that on or about April 14, 2022, Defendants purchased 1500 N. Cherry Court, Tulare, CA and thus triggered the consulting fee in the amount of $82,211 (Complaint ¶ 8.) Plainti...

Excerpt: ...motion as moot by the ruling on (1). Facts Plaintiff filed this complaint March 16, 2021. The complaint pled one count of partition as to real property located in Terra Bella, CA and a second count for money owed as to property expenses. Plaintiff sought partition of the property by sale, attorney fees, and costs. Defendants Charles Adams Jr. and Gina Adams answered the complaint and sought affirmative relief as to the first cause of action for p...

Excerpt: ...forth in the current third amended complaint, but, to the extent plaintiffs omit contextual allegations or change allegations from prior versions that are inconsistent with earlier allegations, the facts include allegations from prior versions of the complaint. During recent years, the California olive industry has been under substantial threat due to competition from low‐cost Spanish olives. In response, in June 2017, Bell‐Carter and Musco, ...

Excerpt: ...unt is $215,000.00 Plaintiff estimates approximately 784 covered employees. The covered employees consist of “all of Trinity Packing Company, Inc.'s nonexempt employees who worked for Trinity Packing Company, Inc. in California at any time from April 29, 2020 to February 22, 2022.” Plaintiff brings claims for (1) Meal Period Violations; (2) Rest Period Violations; (3) Failure to Reimburse Necessary Business Expenses (4) Wage Statement Violati...

Excerpt: ...n support, Defendant attaches a request for judicial notice as to Plaintiff's complaint and excerpts from Plaintiff's deposition. Authority and Analysis “Motions to strike can be used to reach defects in or objections to pleadings that are not challengeable by demurrer. Complaints, cross‐complaints, answers and demurrers are all subject to a motion to strike [citation].” (Weil & Brown, Cal. Prac. Guide: Civ. Proc. Before Trial (The Rutter G...

Excerpt: ... at 28436 Satellite Street as its agent of service (2420574) as its Agent for Service of Process in California. (Declaration of Robert D. Bassett (“Bassett Decl.”) ¶4.) On July 20, 2022, an incomplete copy of the Summons and Complaint was received via U.S. Mail at the Defendant's location in Stockton, California from an unidentified sender. (Bassett Decl., ¶5. ) The Summons mailed to the Stockton office is incomplete as it does not identify...

Excerpt: ...leges a single cause of action for penalties pursuant to Labor Code section 2699 (PAGA) for various violations of California's Labor Code including sections 203, 226.7, and 512 by Defendant Replanet Packaging LLC (“Defendant.”) Defendant, based on the United State Supreme Court's decision in Viking River Cruises, Inc. v. Moriana (2022) 142 S. Ct. 1906, now moves to compel Planitiff's PAGA claim to arbitration and stay this action. Defendant b...

Excerpt: ...ed by Plaintiff ending 0635. Defendant answered the complaint. On or July 19, 2022, the Court deemed admissions nos. 1 through 11 admitted as follows: 1. YOU admit that YOU applied for the credit card ACCOUNT with JPMorgan Chase Bank, N.A; 2. YOU admit that YOU received a Cardmember Agreement, for the credit card ACCOUNT ending in XXXXXXXXXXXX0635; 3. YOU admit that YOU voluntarily agreed to abide by all terms and conditions listed in the Cardmem...

Excerpt: ...Facts Petitioner was employed by the City of Porterville as a firefighter. (Declaration of Roulston (“Roulston Decl.”) ¶1.) Petitioner was terminated on October 18, 2021. (Roulston Decl. ¶ 1.) Petitioner was terminated apparently based upon an off‐duty arrest on July 3, 2021 for alleged assault and battery. (Roulston Decl. ¶ 6.) On October 13, 2021, an administrative hearing (Skelly hearing) took place. (Roulston Decl. ¶ 6.) At the Skel...

Excerpt: ...olves allegations that Plaintiff and decedent, Alfonso Elizondo, entered into an oral agreement to purchase 10246 Avenue 388, Dinuba, California (the “Subject Property”) in 2006, that Plaintiff and her family resided at the Subject Property since 2006, and were was financially responsible for the Subject Property, paying all property taxes, trash/water, utility payments and maintenance. Alfonso passed away and his son, Defendant Jason Elizond...

Excerpt: ...ivil Procedure Section 526a to Restrain Waste and Illegal Expenditure of Funds), (8) Violation of Bane Act under Civil Code section 52.1, (14) Penal Code 646.9, (15) “Ralph Civil Rights Act” (Civil Code section 51.7) (16) False Imprisonment (FAC ¶958), (17) Assault (FAC ¶959); To sustain the demurrer without leave to amend as to the individual defendants (Jason Salazar, Sergio Pineda, Marisa Burkdoll, Nathan Berry, Nicholas Fistolera, Luma ...

Excerpt: ... (“PAGA”) action, Case No. VCU292204, (“PAGA Action”) for all pre‐trial purposes, turns the demurrer by Defendant. Facts Defendant demurs on the basis that a separately filed case, Tim Penny, individually, and on behalf of all others similarly situated, v. Universal Protection Service, LP, Sacramento County Superior Court Case No. 34‐2022‐00314013 (filed January 18, 2022) (the “Penny Case”) seeks the same relief for the same gro...

Excerpt: ...as not filed a response. This matter, involving the building of a 1966 Jeep CJ5, was settled at mediation wherein Defendants agreed to pay Plaintiff a total of $20,500 by September 18, 2022 via two payments: A first payment of $5,000 was to be by cashier check and exchanged “at the time of the subject Jeep and parts purchased by Defendant, and items built by Defendant” (“Jeep Components”) were picked up by the Plaintiff or Plaintiff's aut...

Excerpt: ...wful detainer matter involving residential property located at 1017 W. Goshen Ave ‐ #8B, Visalia, CA 93291, the Court held trial on October 19, 2022, granted judgment for possession for Plaintiff after trial, cancelled the rental agreement, issued the writ immediately, and awarded $2,137.50 to Plaintiff. Defendants did not appear at trial. Defendants, on October 28, 2022, filed this ex parte motion to vacate judgment after trial or to stay exec...

Excerpt: ...arties may appear in any manner. Facts In this unlawful detainer matter involving residential property located at 1425 S Central St. Ap #4, Visalia, CA 93277, the Court held trial on October 17, 2022, granted judgment for possession for Plaintiff after trial, cancelled the rental agreement, issued the writ immediately, and awarded $1,456.40 to Plaintiff. Defendant Cox did not appear at trial. Defendant Cox, on October 27, 2022, filed this ex part...

Excerpt: ...plaint ¶ 6.) On September 28, 2022, Plaintiff caused a notice to quit (“Notice”) based on non‐compliance in the lease agreement as follows:  “Section 2 : Only one Tenant on Agreement. Tenant plus two now living on property.”  “Section 1: Landlord drops by rental and finds a dog occupying the home”  “Section 4: Tenant subleting (sic) to others”  Section 5. Failure to pay rent and excessive water useage (sic) from her...

Excerpt: ... personal service on Defendants Auerlio Bernal and Maria Bernal occurred on October 8, 2022 and that substitute service was made on Angel Bernal on October 10, 2022. On October 17, 2022, default judgment was entered as to Defendants Auerlio Bernal and Maria Bernal only. On October 24, 2022, Defendants Auerlio Bernal and Maria Bernal file this ex parte motion to vacate the default judgment. However, Defendants provide no factual basis or legal arg...

Excerpt: ...ity located at 350 North Villa Street (the “Facility.”) Plaintiffs are the heirs and successors in interest to Decedent. Defendant Sun and Defendant Providence Group of California, LLC are alleged to be the licensee, owner operator, a skilled nursing facility, and/or a intermediate care facility within the meaning of Health and Safety Code section 1250. Defendant Terri Tate served as the director for the facility and/or had custodial obligati...

Excerpt: ...ment of approximately $8.86. The Class Members consist of: “all non‐exempt employees employed by Grapes FLC from January 1, 2018 through June 30, 2022..” Plaintiff alleges Defendant (1) failed to pay minimum wages for all hours worked; 2) failed to pay overtime wages for all hours worked including for the time associated with washing grape trays; 3) failed to provide lawful meal periods; 4) failed to provide lawful rest periods; 5) failed t...

Excerpt: ...h settlement as to their lability. The complaint alleges one count of negligence involving a dog attack in March 2021. Plaintiff is the guardian ad litem of the injured minor child who was playing outside his grandmother's house. The dog at issue was owned by Jesse Enriquez and Defendant Gina Enriquez, who lived nearby in a rental house owned by Norman and Martha Faucett. Defendant SCC is alleged to have removed sections of a fence and failed to ...

Excerpt: ...nd the motions to strike [(2), (4) and (7)] moot by the Court's ruling on demurrer. 1. Facts Common to All Motions Plaintiff filed a complaint on May 5, 2022. Plaintiff filed a first amended complaint on August 25, 2022. Although the Court sustained a demurrer by Dr. Benjamin that did not provide leave to amend as to a number of causes of action, Plaintiff's amended complaint pled, again, every cause of action from the initial complaint as follow...

Excerpt: ...2022. The case is now set for trial January 12, 2023, five years and eight months after filing of the complaint. Defendants, having obtained relief from default and filed an answer, now move to dismiss the matter for the failure to bring the matter to trial within the five‐year limits established in Code of Civil Procedure sections 583.310 and 583.360. Plaintiff filed an opposition and supplemental opposition to this motion on October 17, 2022,...

Excerpt: ...ass action and PAGA settlement, attorneys' fees, costs, enhancement award, LWDA payment and class certification for settlement purposes came on for hearing on October 24, 2022. The court finds and rules as follows: On July 5, 2022, the settlement administrator, Rust Consulting Inc., received a mailing list of 2,447 potential class members from Defendant's counsel with names, contact information, social security numbers and relevant employment inf...

Excerpt: ... deemed moot via the Court's ruling on demurrer. The Court notes the August 15, 2022 Notice of Hearing indicates both the demurrer and motion to strike were reset to this date. (1) Facts Plaintiff Kim Martinez, individually and as successor in interest to the Estate of Bonnie Van Tassel, for elder abuse, willful misconduct and wrongful death arising out of her death from COVID‐19 on or about April 14, 2020. Decedent Tassel resided at Defendants...

Excerpt: ... is set for April 27, 2023; 8:30 am; D1. Plaintiff's motion 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 October 20, 2022. The court finds and rules as follows: On March 24, 2021, the settlement administrator, Simpluris, received a data file from Defendant's counsel of 651 potential class members from Defendant...

Excerpt: ...(Complaint ¶ 6.) On September 1, 2022, it appears Plaintiff served a “notice” indicating that Defendant was behind on the rent for a total of four months in the amount of $2,800. The document fails to identify what months for which rent is due, does not provide an opportunity to cure and simply seeks that Defendant vacate the premises. On September 20, 2022, a document entitled “5 Day Notice” indicates “This is your 3 day eviction noti...

Excerpt: ...edure section 382…” are “Tulare County Sheriffs Department.” The complaint alleges general negligence and intentional tort and alleges compliance with the applicable claims statute. An unstamped liability claim report attached to the complaint and addressed to the Risk Management of the Defendant City of Visalia indicates an incident date of “3‐26‐22” and the date of the claim as June 28, 2022. The City brings this demurrer for fa...

Excerpt: ...t notes that Cross‐Complainants Bob Denney and Joetta Denney have dismissed the cross‐complaint that is the subject of this special motion to strike. The Court notes that Cross‐Defendants requested fees and provided a supporting declaration within their special motion to strike. The threshold issue, therefore, is whether the dismissal renders the special motion to strike moot and whether attorneys' fees may be awarded to Cross‐Defendants....

Excerpt: ... was returned June 16, 2022, indicating that Plaintiff was placed in quiet and peaceful possession of the premises on June 15, 2022. On July 25, 2022, Defendant filed an ex parte motion for relief from default judgment. On July 26, 2022, this Court denied the motion. On October 17, 2022, Defendant filed an ex parte motion again for relief from default and to stay the eviction. In support, Defendant states she did not receive the summons and compl...

Excerpt: ...rney's Motion to Be Relieved as Counsel; and (3) MC‐053 ‐ Order Granting Attorney's Motion to Be Relieved as Counsel Additionally, Plaintiff's Counsel has filed proofs of service of these documents as to Plaintiff by mail and electronic mail on Plaintiff and Defendant's counsel. The Court notes an objection to this motion by both Plaintiff herself and Defendant. Plaintiff indicates she is not available for the October 18, 2022 hearing and tha...

Excerpt: ...collision wherein Defendant Clinton, operating Defendant City of Tulare's police vehicle, ran into the front of Plaintiff's vehicle. Defendants noticed Plaintiff's deposition for August 22, 2022 and confirmed it would go forward. However, Plaintiff's counsel indicated they “could not guarantee their client would appear…” While counsel for Defendants and counsel for Plaintiff attended the deposition, Plaintiff failed to appear. After twenty ...

Excerpt: ...emental declaration from counsel for Defendant/Cross‐Complainant IDC. It is within the court's discretion to require compliance with Rule 3.1324 before granting leave to amend. (Hataishi v. First American Home Buyers Protection Corp. (2014) 223 Cal.App.4th 1454, 1469.) The Court previously found there was a close relation of the proposed amendments to the activities and transactions stated in the initial Cross‐Complaint, no prejudice to Cross...

Excerpt: ...against their parents, Billy J. and Lois Newsome, both of whom are now deceased. Robert additionally challenges a set of 2017 estate planning documents, including a trust purportedly established by Billy J.; and a deed transferring Billy J. and Lois's residence to the trust, executed by Billy J. individually, and on behalf of Lois as agent under a previously established power of attorney. Robert alleges his parents lacked capacity to execute the ...

Excerpt: ... service indicating personal service on Defendant Arteaga occurred on September 30, 2022. On October 10, 2022, default judgment was entered and the writ of possession was issued. On October 12, 2022, Defendant file this ex parte motion to vacate the default judgment. Defendant states that service of the summons and complaint lacked forms UD‐105, FW00‐1, FW00‐3 and Defendant therefore needed extra time to get the forms and respond. Additiona...

Excerpt: ...Facts On or about September 09, 2021, HALL agreed to purchase a 2019 Nissan Murano with vehicle identification number 5N1AZ2MJXKN138431 (hereinafter referred to as the “2019 Nissan”) (Decl. of Donald Groppetti ‐ Exhibit A – Retail Installment Sales Contract (“RISC”) as to the 2019 Nissan.) The RISC provides for arbitration as to claims arising from the sale of the vehicle. The RISC also contains the “Seller's Right to Cancel” when...

Excerpt: ...ring. 1. Facts In a first amended complaint, Plaintiff, on behalf of himself and all others similarly situated, sued Defendants Kuubix Electric, Inc., Kuubix Energy, Inc., Kuubix Global, LLC and Kuubix Energy, LLC. for 1. Violation of B&PC §17200, et seq. 2. Failure to Pay All Wages 3. Meal Period Violations 4. Rest Period Violations 5. Work Expense Reimbursement Violations 6. Waiting Time Penalty 7. Wage Statement Penalty 8. Penalties Under PAG...

Excerpt: ...osed first amended complaint and Defendant shall have ten (10) days from the service of the first amended complaint to file a responsive pleading. (2) The Court's minute order of September 22, 2022 indicates that the parties reached an agreement as to the discovery issues and may appear remotely as to any remaining issues. Case management conference is continued to December 15, 2022; 8:30 am; D1. (1) Facts This is a personal injury case wherein P...

Excerpt: ...two employees, Rodriguez and Hire, (collectively the “County”) for two causes of action: 1) Violations of the Confidentiality of Medical Information Act as codified within California Civil Code § 56.20(b) and 2) Violations of the Confidentiality of Medical Information Act as codified within California Civil Code § 56.20(c). Plaintiffs were employed by the County as special education teachers. (Complaint ¶¶4, 29.) The County, in accordance...

Excerpt: ...pproval for April 21, 2022. After preliminary approval, the settlement administrator determined worked additional workweeks not accounted for in the previously determined maximum settlement amount. The parties subsequently agreed to increase the maximum settlement amount from $980,000 to $1,278,998, and to continue hearing on final approval of the settlement to finalize and present a stipulation for the court's review and approval regarding the r...

Excerpt: ... motion 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 October 6, 2022. The Court finds and rules as follows: On June 16, 2022, the settlement administrator, ILYM Group, received a mailing list of 1,423 potential class members from Defendant's counsel with names, contact information, social security numbers and r...

Excerpt: ... Members, providing an estimated average payout of $241.35 per member. The Class Members consist of: “All current and former non‐exempt employees of Defendant Gutierrez FLC, Inc. in California who worked at least one shift performing work for Defendant WesPak, Inc. at any time during the period of January 1, 2019 to September 2, 2022.” Plaintiff primarily alleged the following violations: (1) minimum wage violations (2) failure to pay all o...

Excerpt: ... (2) This complaint alleges one count of negligence involving a dog attack in March 2021. Plaintiff is the guardian ad litem of the injured minor child who was playing outside his grandmother's house. The dog at issue was owned by Jesse Enriquez and Defendant Gina Enriquez, who lived nearby in a rental house (the “Floral Property.”) The minor child is the cousin of Defendant Gina Enriquez and the minor's grandmother is the aunt of Defendant G...

Excerpt: ... per, filed a complaint on July 6, 2022 for against Defendant Visalia Police Department and “joined under Code of Civil Procedure section 382…” are “Tulare County Sheriffs Department.” The complaint alleges general negligence and intentional tort and alleges compliance with the applicable claims statute. An unstamped liability claim report attached to the complaint and addressed to the Clerk of the Board of Supervisors indicates an inci...

Excerpt: ...mones. Petitioner now brings a petition to approve the compromise of a settlement offer to the minor child in this case. According to the Petition, on February 21, 2020, the minor child was walking or jogging northbound on Prospect Street when Defendant entered the crosswalk and struck the minor child as she was crossing. (Petition at 6) The minor suffered pain to her left arm, left shoulder, abdomen, chest and back. (Petition at 7.) She was take...

Excerpt: ...., #2, Visalia, CA 93277 (“Subject Property”) based upon a ninety‐day notice for cause under substantial remodel of the Subject Property pursuant to Civil Code section 1946.2(2)(D)(i). On September 7, 2022 the complaint was filed. On September 12, 2022, Plaintiff filed a proof of service indicating personal service on Defendant Noyola occurred on September 10, 2022. On September 21, 2022, default judgment, for possession only, was entered. ...

Excerpt: ...rty (30) days from notice of this ruling; Defendant and moving party Abeer A Hafez DDS, Inc shall give notice; to impose sanctions of $265 on Plaintiffs jointly and severally. This is a dental malpractice action brought by Plaintiffs against, amongst others, Defendant Abeer A Hafez DDS, Inc. On or about February 7, 2022, Abeer A Hafez DDS, Inc. propounded form interrogatories, special interrogatories and requests for production of documents on Pl...

Excerpt: ...ore, the Court preliminarily approves the settlement as indicated herein. The final approval hearing is set for March 28, 2022, 8:30 am in Department 7. 1. Sufficiency of Amount of Settlement (Net Estimated: $118,250) The gross settlement amount is $275,000. Plaintiff estimates approximately 576 proposed Class Members, providing an estimated average payout of $205.30 per member. The Class Members consist of all current and former hourly‐paid or...

Excerpt: ...h leave to amend; to grant the Court's own motion to strike as to allegations of conduct between the time period of June 18, 2013 and July 15, 2015 and references thereto in in paragraphs 9, 12, 13, 14, 15, 16, 17, 36, 42, and 44 based upon res judicata. Facts Common to (1) and (2) Defendants Pleasant Valley Canal Company, Richard Waller and Roger Patterson (collectively “PVCC”) demur to the operative first amended complaint filed in this mat...

Excerpt: ...nrelated to the qualified medical examination related to the workers compensation claim or those that would fit an exception to the exclusivity rule. As noted, this case involves alleged acts by Defendant Dr. Micah Hoffman, a worker's compensation qualified medical examiner who performed a psychiatric evaluation of Plaintiff Samreen Riaz arising out of her workers compensation claim. The causes of action in the second amended complaint include: (...

Excerpt: ... (6) Vicarious Liability; (7) Defamation; (8) Deprivation of Civil Rights under 51 (Unruh Act); (9) Personal Injury; (10) Intentional Infliction of Emotional Distress; (11) Retaliation in Violation of Labor Code §1102.5/Health & Safety Code sec. 1278.5(b)(1); (12) Disability Discrimination; (13) Assault and Medical Battery; (14) False Imprisonment; (15) Depravation in Violation 42 U.S. Code § 1983—Civil Action for Deprivation of Rights; (16) ...

Excerpt: ...t's final determination on this issue must be made after permitting presentation of additional evidence at the hearing pursuant to Code of Civil Procedure section 946.6 Facts Plaintiff's first amended complaint alleges a number of causes of action against Defendants City of Visalia, Jason Salazar, Sergio Pineda, Marisa Burkdoll, Nathan Berry, Nicholas Fistolera, Luma Fahoum, Damon Maurice and “Defendant Velverde” (hereinafter collectively “...

Excerpt: ...r, as noted below, the Court's final determination on this issue must be made after permitting presentation of additional evidence at the hearing pursuant to Code of Civil Procedure section 946.6(e); (2) To sustain the demurrer without leave to amend; (3) To deny the motion to amend. (1) Plaintiff's Petition for Leave from the Government Tort Claims Act Facts Plaintiff alleges various dates of alleged compliance with the Tort Claims Act that are ...

Excerpt: ...ngs; (2) To continue the demurrer to October 17, 2022, to be ruled upon after the consolidation; the Court intends to grant the demurrer as indicated below, after consolidation. (1) Motion to Consolidate Facts Defendant Universal Protection Service, LP (“Defendant”) requests this Court consolidate Plaintiff Charles Williams Olivares' (“Plaintiff”) class action, Case No. VCU291111, and his Private Attorney General Act (PAGA) action, Case N...

Excerpt: ...t during the length of the proposed stay, capped at 40 days. Facts This is an unlawful detainer matter involving 11926 Ave 272 Visalia CA 93277 (“Subject Property”) based upon a thirty‐day notice. On September 8, 2022 the complaint was filed. On September 9, 2022, Plaintiff filed a proof of service indicating personal service on Defendant James occurred on September 8, 2022. On September 19, 2022, default judgment, for possession only, was ...

Excerpt: ...days of this hearing; (2) To continue this motion to October 17, 2022 to permit a supplemental declaration to be filed addressing California Rule of Court 3.1324(b). Facts Common to (1) and (2) This personal injury case involves Plaintiff, working as a cement foreman for Simmons Construction, Inc. (“Simmons”), on a job to create a large pit at Defendant Setton Pistachio of Terra Bella (“Setton.”) Defendant Industrial Design & Construction...

Excerpt: ...ff seeks judicial notice of these admissions and various recorded grant deeds. Defendants Julian Mendez and Hilda Mendez acquired property located at 667 Walnut Street, Pixley, CA (“Subject Property”). (Exhibit C – Requests for Admissions (“RFA”) Nos. 2‐4.) Defendants Julian Mendez and Hilda Mendez transferred the Subject Property into their family trust in April 2008. (Exhibit C – RFA Nos. 5, 6, 7; Exhibit E.) On or about January 2...

Excerpt: ...nsurance Company, State Farm agent Jim Parsley, Sr., and Bank of America. Background As relevant here, Robert alleges as follows: In 2005, Robert's parents, Billy J. and Lois Newsome, drafted separate wills providing for equal distribution of their assets to their three children, which include Robert; Janet; and Billy D. Newsome (who is not the subject of any allegations of wrongdoing). Janet had an attorney draft a trust and new will for Billy J...

Excerpt: ...demurrer as to the third cause of action for breach of contract. Facts On June 21, 2022, Defendant, Cross‐Defendant and Cross‐ Complainant Pacific Properties Sales & Management Inc. (“Pacific”) filed a verified cross‐complaint for unjust enrichment, negligent misrepresentation and breach of contract. The underlying dispute involves the validity of a lease of a private air landing strip and whether the lease is invalid because it does no...

Excerpt: ... of express warranty and violations of building standards against builders Woodside 06N, LP, Woodside Sousa, Inc., Woodside Visalia Il, Inc., WDS GP, Inc. and Woodside 07N (collectively “Woodside”) and seek damages in excess of $75,000 per home. Woodside cross‐complained against a number of cross‐defendants, including moving party Anlin Industries (Doe 202) for comparative negligence, express indemnity, equitable indemnity, contribution, ...

Excerpt: ...al.App. 448, 449, as detailed below. (1) Motion to Change Venue Facts Plaintiff's complaint alleges negligence and medical malpractice against Defendant “Adventist Health Hospital – Hanford, CA.” Defendant Adventist Health Hospital brings this motion to transfer venue to Kings County. In support, Defendant notes its principal place of business is Kings County, the subject incident is not believed to have occurred in Tulare County, Defendant...

Excerpt: ...pointed the Receiver to “take full and complete possession and control of the Nuisance Property [740 East Harvard Avenue, Dinuba, California 93618, Assessor's Parcel Number 017‐243‐008‐000],” and “rehabilitate the Nuisance Property in accordance with the rehabilitation plan approved by this Court and shall bring the Nuisance Property into compliance with all applicable State and local laws,” among other powers (Receivership Order 3:...

Excerpt: ...e moving papers and declarations that are already on file with the court. The hearing on this matter is continued to October 18, 2022 at 8:30 a.m.in Department 7 of this court. 1. Sufficiency of Amount of Settlement (Net Estimated: $249,250) The gross settlement amount is $450,000. Plaintiff estimates approximately 51 proposed Class Members with an average payment of approximately $4,887. The Class Members consist of all “non‐exempt employees...

Excerpt: ...filed this lawsuit in September 2020 against ABLP Properties Visalia, LLC (“ABLP”), ABLP REIT LLC (“ABLP REIT”), Jerry Sanada and Bruce Sanders, amongst other defendants for breach of contract, wrongful foreclosure, fraud, breach of covenant of good faith and faire dealing, slander of title, and intentional interference with prospective economic relationship based upon a loan from ABLP REIT in January 2017. The Court notes Plaintiff Gonza...

Excerpt: ...led this lawsuit against his former employer, Defendant Setton Pistachio of Terra Bella, Inc. Thereafter, Plaintiff filed the operative First Amended Complaint alleging a single cause of action under the Private Attorneys General Act, Labor Code section 2698, individually and on a representative basis, for a number of Labor Code wage and hour violations. Defendant Setton removed this case to the district court and did not initially move to compel...

Excerpt: ...(e). Facts Plaintiff alleges causes of action for discrimination, failure to prevent discrimination, and retaliation against Pixley Union Elementary School District (the “District”), a public entity. Plaintiff was terminated June 9, 2021 and it appears undisputed this is the date of the injury or incident. (Plaintiff's Exhibit A – Government Tort Claim.) Plaintiff seeks monetary damages. Relevant to this petition, Plaintiff submitted his to...

Excerpt: ...of class members to participate in distributions. Only those wishing to object or opt out must file notice with the settlement administrator. Objections or opt out notices are to be made within 60 days. The Court regularly approves notice periods of 60 days or longer. The class notice period is approved. With respect to the content of the Notice, the Court previously found the Class Notice to be reasonable. 2. Enhancement Awards to Class Represen...

Excerpt: ... of this hearing. Facts This personal injury case involves Plaintiff, working as a cement foreman for Simmons Construction, Inc. (“Simmons”), on a job to create a large pit at Setton Pistachio of Terra Bella (“Setton.”) Defendant Industrial Design & Construction (“IDC”) was the general contractor who contracted out Simmons. Defendant Paul Hankins assisted with excavation of the pit. Plaintiff brings a cause of action for negligence ag...

Excerpt: ...ia Seals. Claimant Anthony Pete Mayberry, Sr. was in the passenger seat of the vehicle. Law enforcement also recovered, during the search, a loaded firearm in Claimant's pocket and 18 grams of methamphetamine. Plaintiff People of the State of California initiated nonjudicial forfeiture proceedings as to the $3,104. Claimant filed a claim for the money. Plaintiff then filed this petition for forfeiture. In connection with the petition, Plaintiff s...

Excerpt: ...is motion August 15, 2022. The opposition was filed on August 31, 2022. The court sustains objections 3, 5, 8, 9, 13, 14 (both), 15 (both) 16, 17, 18, 19, 20, 21, 22 and overrules the balance of the objections. The Court notes that the motion seeks relief “on the grounds of extrinsic fraud and inadvertence omitting an express contract provision in the Contract between the City of Dinuba (“City”) and Yamabe and Horn Engineering, Inc. (“Yam...

Excerpt: ... Class Members, providing an estimated average payout of $ 134.86 per member. The Class Members consist of: “All current and former non‐exempt employees of Defendant Juan C. Gutierrez dba J.C. Gutierrez Labor Service in California who were subject to Wage Order 14 and worked at least one day performing work for Defendant Visalia Citrus Packing Group, Inc., at any time during the period of March 23, 2017, to April 18, 2022” Plaintiff has set...

Excerpt: ...ack of conflict of interest declaration from Defendant and counsel. Counsel for Plaintiff has submitted a number of supplemental declarations addressing these issues. Accordingly, the motion to approve the settlement pursuant is approved. The final approval hearing on this matter is set to March 14, 2023 at 8:30 a.m.in Department 7 of this court. 1. Class Notice Objections or opt out notices are to be made within 60 days. The Court regularly appr...

Excerpt: ...rial was set for April 26, 2022 at the September 16, 2021 case management conference, Defendant Edward was present and formal notice of trial date was waived. (Minute Order September 16, 2021.) Defendant Edward did not attend trial and indicates he had a criminal court hearing on the same day, at the same time, in Porterville. Plaintiff prevailed at trial. On May 3, 2022, Plaintiff served a notice of entry of judgment. On July 15, 2022, Defendant...

Excerpt: ... the amount of $2,206.98. Defendant answered the complaint on March 8, 2022. On June 13, 2022, Plaintiff moved this Court to deem admitted requests for admissions, set one, numbers 1 through 10. On July 12, 2022, the Court adopted its tentative ruling, deeming admitted the truth of each matter specified in requests for admissions numbers 1 through 10. These requests, now admitted, are as follows: “1. That Defendant opened an account (2657) with...

Excerpt: ...eged failure to submit a Paycheck Protection Program (“PPP”) application. (First Amended Complaint (“FAC”) ¶ 22) Plaintiff alleges that, with Defendant's assistance, he applied for and received a PPP loan in 2020. (FAC ¶12.) When Plaintiff again became eligible to apply for a second PPP loan in 2021, Plaintiff contacted Defendant and Plaintiff submitted a second PPP application to Defendant on or about February 24, 2021. (FAC ¶¶ 13, 1...

Excerpt: ...for willful misclassification against Defendants CVT, LLC and Lisa Colburn. Plaintiffs allege these violations occurred while they were employed by CVT and Colburn as tow truck drivers. CVT then filed a cross‐complaint against Michael Paim for equitable indemnity under the theory that Paim is the responsible party for the alleged labor code violations. Paim then filed a cross‐complaint, the subject of this demurrer, against CVT for statutory ...

Excerpt: ...d Material Fact (“UMF”) No. 1.) Plaintiff alleges defendant Dr. Kranias, perforated her small bowel during her August 10, 2020, caesarian section delivery and/or failed to notice the perforation immediately to have it repaired. (UMF No. 2) Plaintiff also alleges that Dr. Kranias discharged her from the hospital on August 13, 2020, despite her being in severe pain, having abnormal labs, and having only very small bowel movements. (UMF No. 2.) ...

Excerpt: ... the lodestar information to calculate the attorneys' fees incurred, the current costs incurred and declarations indicating a lack of conflict between the cy pres recipient and the parties and their respective counsel. Counsel for Plaintiff and Defendant have submitted supplemental declarations addressing these issues. Based upon these declarations, the Court preliminarily approves the settlement, pending the explanation and detailing of the cost...

Excerpt: ... Plaintiff alleges that shortly after beginning work in July 2021, she was subjected to derogatory remarks about her sexuality by Plaintiff's team lead. (Complaint ¶8.) Plaintiff reported these remarks to her supervisor at FGS and other personnel at PSI, but Plaintiff states “nothing was done.” (Complaint ¶ 8.) Similar remarks directed at Plaintiff, as well as other acts (such as driving a forklift in a manner to cause Plaintiff to fear for...

Excerpt: ...0 days of the notice of this ruling. Dominga Tabutol sues defendants Pacific Property and Casualty Company (Pacific) and American National Insurance Company (American) alleging defendants' rescission of her rental owner's policy, and refusal to pay a claim, was discriminatory and in bad faith. Tabutol alleges causes of action for violations of the federal Fair Housing Act (FHA) and California's Fair Employment and Housing Act (FEHA) and a cause o...

Excerpt: ...rn Surety Company, based on allegations that Defendants created a PACE energy application and 30‐year tax assessment on Plaintiff's property, secured by a super priority tax lien, as to installation of solar energy panels. Western was the bond agency holding the bond for Defendant Flux Electric, LLC, alleged to be the solar installation company, bond number 71921742, from 9/7/2017 to 11/15/2019. The Contractor's License Bond amount is $15,000. ...

Excerpt: ...iled by the personal representative of the estate of decedent Juan Hernandez. (First Amended Complaint (“FAC”) Attachment ¶ 1.) On or about 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. (FAC Attachment ¶ 2.) Plaintiff has sued Defendant City of Tulare and Does for one count of premises liability. (FAC ¶10.e.) Relevant to this motion, on or about May...

Excerpt: ... 6.) On February 8, 2022, Plaintiff caused a three‐day notice to pay rent or quit (“Notice”) to be personally served on Defendant. (Complaint ¶10.) The Notice states rent due in the amount of $850 for February 1, 2022 through March 1, 2022. (Complaint ‐ Exhibit 2.) The Court notes the Notice also states “You also owe electric (solar) for May à Feb. 2022 10 months x $140.71 = $1407.10.” (Complaint ‐ Exhibit 2.) The Notice provides ...

Excerpt: ... 2020, the minor child was walking or jogging northbound on Prospect Street when Defendant entered the crosswalk and struck the minor child as she was crossing. (Petition at 6) The minor suffered pain to her left arm, left shoulder, abdomen, chest and back. (Petition at 7.) She was taken by ambulance to Sierra View Medical Center for initial treatment and was later seen at Valley Children's Hospital. (Petition at 7.) The Petition states the minor...

Excerpt: ...is agreement and enter a judgment for any unpaid amounts along with statutorily allowable interest and attorney's fees.” The settlement provided for a payment of $30,000.00 split into two lump sums of $15,000.00 each. Payments were due on May 10, 2021, and May 10, 2022. Plaintiff received the first settlement payment. However, Plaintiff has not received the second settlement payment, despite reminders to and discussions with opposing counsel. T...

Excerpt: ...m being struck by a pickup truck as a pedestrian on January 14, 2021. (Declaration of John Shaller (“Shaller Decl.”) ¶3.) Specifically. Plaintiff suffers from “significant, traumatic brain injury; traumatic subdural hemorrhage with loss of consciousness; and a femoral neck fracture, which required an open reduction and internal fixation (ORIF) procedure and percutaneous pinning.” (Shaller Decl. ¶3.) Plainitff seeks monetary damages. Pla...

Excerpt: ...urred at approximately 12:30 a.m., on August 28, 2019, at the Pilot truck stop located in Tulare. (UMF No. 3.) Plaintiff was asleep inside the sleeper area of his vehicle when his vehicle was struck by defendants' vehicle. (UMF No. 4.) Plaintiff woke up because of a loud sound, described as a “bam,” and his truck was shaking. (UMF No. 5.) The parties dispute what exactly occurred next. Defendant states Plaintiff got up and look outside his bl...

Excerpt: ...ourt. Accordingly, the motion to approve the settlement pursuant is preliminarily denied without prejudice. The hearing on this matter is continued to September 27, 2022 at 8:30 a.m.in Department 7 of this court. 1. Sufficiency of Amount of Settlement (Net Estimated: $118.250) The gross settlement amount is $275,000. Plaintiff estimates approximately 576 proposed Class Members, providing an estimated average payout of $205.30 per member. The Clas...

Excerpt: ...y; to overrule the demurrer as to 1) negligence, (2) negligent supervision, (3) negligent hiring/retention, (5) intentional infliction of emotional distress (2) To grant the motion to strike as to “12” regarding the prayer for interest; to deny the motion to strike on the remaining categories finding the allegations either relevant or moot by the ruling on demurrer. Facts Common to Both Motions Plaintiff Anna Rsa Doe sues Dinuba Unified Schoo...