Excerpt: ...aving obtained an order of this Court deeming various admissions admitted by Defendants, seeks summary adjudication as to the breach of contract and breach of guaranty causes of acton. As to Defendant Torres and the breach of guaranty cause of action, Plaintiff indicates that Torres signed an individual personal guaranty section as part of the Agreement with Defendant Juan Torres Constructon Inc. as to payment for rental of equipment from Plainti...

Excerpt: .... Plaintiff filed this action arising out of his former employment as assistant program director with Defendant Turning Point of Central California, Inc. (Complaint 94.) Plaintiff alleges that he was employed at Turning Point from September 5, 2017 through July 31, 2022. (Complaint 915.) Plaintiff states he is homosexual. (Complaint 917.) Plaintiff alleges that on June 1, 2022, Plaintiff was diagnosed with HIV. (Complaint 918.) Plaintiff indicate...

Excerpt: ...iner matter involves property located at 841 East Willow Avenue, Porterville, California 93257 ("Subject Property"). (Complaint 93.) The Court notes that the attachment to the complaint appears to indicate that this is an eviction after foreclosure sale. The form complaint used in this matter is expressly not for such actions under Code of Civil Procedure section 1161a. Additionally, the Court notes the complaint states one of the named Defendant...

Excerpt: ... all of which appear unrelated to rent. On May 16, 2023, Plaintiff filed a proof of service indicating personal service on Defendant Brown occurred on May 4, 2023. On May 17, 2023, this Court entered default and default judgment for possession only. On May 23, 2023, the writ of possession was issued. On July 26, 2023, Defendant filed an ex parte motion to vacate default judgment and/or stay the executon of the writ. On July 27, 2023, the Court st...

Excerpt: ...tter after Defendants' demurrer was sustained with leave to amend on July 10, 2023. The present motion is a single page followed by the proposed second amended complaint. Plaintiff's motion cites the federal rules of civil procedure. Authority and Analysis To start, Plaintiff's ex parte motion does not seek an order shortening time for the motion to be heard and Plaintiff fails to provide good cause for the basis for an ex parte motion. Second, t...

Excerpt: ...int Magaly Cobain and agents of Ancillary Legal Corporation as the Special Process Server to submit the summons, complaint and related documents including a notice of related case, court order re: consolidation, statement of damages and translations of these documents to the Central Authority in Mexico as authorized by the Hague Convention. In support, Exhibit A is the affidavit of Magaly Cobain, who indicates employment as a staff attorney for A...

Excerpt: ...auses of action. Plaintiff Mrs. Doe has alleged negligence against Sierra View and negligence and a number of intentional torts against Defendant Lopez as follows: 2. 3. 4. 5. 6. 7. 8. Negligence against Defendants Sierra View Medical Center ("Sierra View" and Leonardo Lopez ("Lopez"); Negligent supervision against Sierra View; Negligent hiring or retention against Sierra View; Intentional infliction of emotional distress against ü)pez•, Sexua...

Excerpt: ...tlement (Net Estimated: $24,845) The starting settlement amount is $343,000. Defendant previously paid $93,000 paid in connection with individual release claims via individual Pick-Up Stix agreements. Therefore, the gross settlement is $250,000. Plaintiff estimates approximately 250 to 275 proposed Class Members, prov-ding an estimated average payout of $90.34 per member. The Class Members consist of: "All current and former hourly-paid or non-ex...

Excerpt: ...in 2017, "in connecton with [Ramirez) becoming pregnant with [Gutierrez's) child," the parties entered an "express oral agreement to treat any earnings, income, and property acquired while they lived together, as jointly owned property." Gutierrez further alleges the parties agreed they would "account" to each other and "divide the proceeds equally" if they ended their relationship. Gutierrez's alleges that, incident to the parties' agreement, Ra...

Excerpt: ...personally served on Defendant Luz E. Garcia and indicating that the Subject Property is not subject to the Tenant Protection Act ("TPA"). The Complaint alleges that the Subject Property is not subject to the TPA pursuant to Civil Code secton The lease commenced June 7, 2021. Defendant demurrers on four grounds: 2. 3. 4. The Complaint fails to allege the Subject Property is subject to the TPA; The Notce fails to identify any lease violations and ...

Excerpt: ...roperty") owned by Defendant and moving party Alfred Farr Jr. Plaintiff alleges she was injured by an explosion due to a propane leak. (Complaint 923.) Plaintiff alleged negligence and premises liability. (Complaint 910.) On August 26, 2022, Defendant served Plaintiff with requests for admissions. Having received no responses, Defendant successfully moved to deem the admissions admitted. Therefore, Plaintiff has admitted 17 requests including tha...

Excerpt: ...cating personal service occurred on July 20, 2023 on Defendant and moving party Huda Elhertani at the Subject Property. On July 31, 2023, this Court entered default against Defendant and on August 1, 2023, default judgment was entered and the writ of executon was issued. Judgment was entered for possession only. On August 8, 2023, Defendant Linda Wise filed these ex parte moton for relief from default judgment. In support, Defendant states: "I ta...

Excerpt: ...gently operated his vehicle causing the accident with Plaintiff. (Complaint 923) As to the District, Plaintiff alleges that the Defendant Driver was operating the subject vehicle with the express or implied authority of the State of California, the County of Tulare and the District, was an agent or employee of the State of California, the County of Tulare and the District and within the course and scope of such employment with State of California...

Excerpt: ...action against a number of defendants, including moving parties (1) Roman Mancilla (2) Victor Hugo Casanova and (3) Marco Antonio Casanova for breach of contract, fraud, negligent misrepresentation, unjust enrichment and quantum meruit. On January 19, 2023, Plaintiff filed three proofs of service indicating substitute service as to (1) Roman Mancilla (2) Victor Hugo Casanova and (3) Marco Antonio Casanova occurred at 535 E. Bel Aire Dr., Dinuba, ...

Excerpt: ...lving 27598 Highway 99 #1, Visalia, CA 93277 ("Subject Property") was filed on June 14, 2023, as against Defendant Juan Garcia. On June 29, 2023, moving party Issac Sotelo, Jr. filed a prejudgment claim of right of possession and answer listing "27598 Highway 99 Apt A" as his address. On July 11, 2023, the Court sent Defendant Sotelo Jr, at the address listed on his answer, a notice of trial to be held August 2, 2023 8:30 am in Department 7. On A...

Excerpt: ...ment of Consumer Affairs, the State of California, the Department of Justice, and various individuals associated with these entities, amongst others. On June 26, 2023, the Defendants described above filed a demurrer and set the hearing for August 22, 2023. Plaintiff, on June 30, 2023 filed this instant motion for an extension of time to oppose the demurrer. Plaintiff seeks a extension of time until August 4, 2023 to respond to the demurrer, thoug...

Excerpt: ... file a second amended complaint to add a cause of action under PAGA. However, the Court did not find authority to permit further amendment to add the individual defendants under section 2699.3. The Court, in adjudicating this issue prior to denial of Defendant's motion to compel arbitration, noted that it would permit the filling of a notice motion to amend the operative complaint to add the proposed individual defendants. Plaintiff, on July 17,...

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

Excerpt: ... to the collection of the judgment in the amount of $7,996.25 in fees and $2,029.50 in costs. This prior motion, filed May 16, 2023 included fees up to May 10, 2023. Plaintiff has filed a second motion for fees and costs incurred May 11, 2023 to present, also in collection of the judgment and related specifically to the motion for receiver issue previously adjudicated. Plaintiff seeks the fees and costs incurred as to enforcement of the Judgment ...

Excerpt: .... 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 in favor of Plaintiff as against Defendant Sherman Edwards aka Sheriron Edwards for poss...

Excerpt: ...ted at 41129 Road 40, Reedley, CA 93654, County of Tulare ("Subject Property") (Complaint 93.) On July 6, 2023, Plaintiff filed a proof of service indicating personal service occurred on June 26, 2023 on Defendant and moving party Linda Wise at the Subject Property. On July 6, 2023, this Court entered default against Defendant Linda Wise and on July 20, 2023, default judgment was entered and the writ of execution was issued. Judgment was entered ...

Excerpt: ...ayment and class certification for settlement purposes came on for hearing on August 7, 2023. The Court finds and rules as follows: On July 14, 2023, the settlement administrator Phoenix, through its Case Manager, filed a declaration detailing the follow-ng events. On March 10, 2023 the administrator received a mailing list of 97 potential class members from Defendant's counsel with names, contact information, social security numbers and relevant...

Excerpt: ... August 18, 2023; and the requests for sanctons are denied. Procedural History The relevant incident date is November 18, 2021. Plaintiff filed this motor vehicle personal injury case January 27, 2022. Defendant Davey Tree answered March 14, 2022. Trial was initially set March 20, 2023. Defendant's ex parte application to continue trial to August 21, 2023 was granted. Facts re: Protective Order Plaintiff sought to depose all three of Defendant's ...

Excerpt: ...Brent Calvin and Juan Vazquez, allegedly COS offcials, based on allegations related to her expulsion. Perez alleges her expulsion resulted from false accusations against her made by defendants, which were slanderous and defamatory; that meetings and a hearing relating to her expulsion were unfair; that COS made a false police report that she "smoked" at the school; that Vazquez and Calvin have ignored Perez's emails challenging defendants' conten...

Excerpt: ...the parties entered into an oral agreement to jointly purchase real property located at 111 East Gannon Drive, Tulare, CA (the "Subject Property"). (Declaration of Plaintiff 95.) As a result of Defendant's superior credit score and the resulting lower interest rate, Defendant purchased the Subject Property in Defendant's name alone and agreed to add Plaintiff to the title of the Subject Property "after the close of escrow." (Declaration of Plaint...

Excerpt: ... matter, filed June 22 , 2023, involves property located at 3251 Manchester Street, Tulare, California 93274 ("Subject Property"). (Complaint 93.) This achon is based on a three day notice to pay rent or quit. On July 26, 2023, Plaintiff filed a proof of service indicating substitute service on Defendant and moving party Melissa Ann Carrasco occurred by service on John Doe, who refused to give a name, on July 7, 2023 at 3:08 pm at the Subject Pro...

Excerpt: ...aintiff filed a proof of service of the summons and complaint reflecting substitute service on "John Doe, Person in Charge" on March 29, 2023 at 4:31 pm at a location at 4595 S Tracy Blvd., Tracy, California. The proof of service reflects a registered process server completed the proof of service. On May 19, 2023, default was entered against Defendant. On June 13, 2023, Defendant filed this motion for relief from entry of default. In support, Def...

Excerpt: ...Labor Code violations as well as wrongful terminaton in violation of public policy. On May 15, 2023, Defendant served Plaintiff with a notice of deposition setting the deposition for June 20, 2023, in person, at Defendant's counsel's office in Fresno. On June 8, 2023, Plaintiff served a notce of objection, which stated, in part, that Defendant unilaterally scheduled the deposition and that Plaintiff sought "reasonable accommodation" due to COVID-...

Excerpt: ..., 30, 38, 44, 51.) Defendant propounded discovery as to these damages and Plaintiff identified Dr. Nancy Doi as the physician who provided treatment for the injuries, was a witness and who treated him for the disabilities alleged in the operative complaint. Thereafter, Defendant sent an authorization to Plaintiff for signature permitting the release of various records from Dr. Doi. Plaintiff has thereafter refused to sign the authorization. Defen...

Excerpt: ... action for fraudulent inducement by concealment. Plaintiff alleges that on or about May 23, 2021, Plaintiffs entered into a warranty contract with Defendant GM regarding a 2021 Chevrolet Silverado 1500 vehicle identification number 3GCPYBEK4MG335020 (hereafter "Vehicle" or "Subject Vehicle"), which was manufactured and or distributed by Defendant GM. (First Amended Complaint ("FAC") 97.) Specifically, Plaintiffs allege the Subject Vehicle was ma...

Excerpt: ...s responsive thereto, even if identical to prior production, subject to a protective order; to deny the request for sanctions. Plaintiff's evidentiary objections four and five are sustained, the balance are overruled. In this lemon law matter, Plaintiff noticed the deposition of GM's person most qualified on January 3, 2023. Plaintiff notes GM did not appear and did not object to the notice. Plaintiff served a first amended deposition notce for G...

Excerpt: ...the first cause of action for discrimination under FEHA, second cause of achon for retaliation under FEHA, fourth cause of action for failure to reasonably accommodate under FEHA, fifth cause of action for failure to engage in the interactive process under FEHA, sixth cause of action for whistleblower retaliation under Labor Code secton 1102.5, eighth cause of achon for a CFRA violation and ninth cause of achon from CFRA retaliation. Initially, t...

Excerpt: ...based on Plaintiff's ex parte moton for appointment of a receiver. The Court further ordered that any sale proceeds from the "Three Rivers Property Order" payable to Old Oak Assets shall be held in escrow or deposited by escrow with this Court. The underlying motion is based upon an unsatisfied judgment in this instant case against Defendant Robert Hart and former Defendant Elizabeth Hart. Further, Robert and Elizabeth are subject to a dissolutio...

Excerpt: ...ling of the lawsuit thereafter. Plaintiff's first amended complaint alleges, as to the compliance issue: "12. Prior the initiation of this lawsuit, Plaintiff timely served on VUSD tort claims in accordance with Government Code SS 910 and 911.2. 13. Plaintiff's Complaint is timely because she did not receive written responses to her government claims within the established forty-five (45) days, and thus had the full two (2) year statute of limitat...

Excerpt: ...t Amazon. Plaintiff alleges employment through Last Piece ü)gistics, LLC, a transportation company hired, retained and/or employed by Defendant Amazon to deliver packages to Amazon customers. (Complaint 'III.) Plaintiff alleges that the dog that bit him December 1, 2021, had previously attacked and injured a FedEx driver in 2020, generating a bite report for the dog, for the same residence, via Tulare County Animal Services. (Complaint 1121) Pla...

Excerpt: ...ons was continued to permit the parties to meet and confer as to the writ applications. (1), (2), (4) and (5) The Court further notes that default was entered against as to Prime Ag, Kaur and Singh on July 12, 2023. The Court's understanding is that, upon entry of default, its jurisdiction is limited to entry of default judgment upon a sufficient showing or consider a motion for relief from the default. (We] & Brown, Cal. Prac. Guide: Civ. Proc. ...

Excerpt: ...ion for judgment on the pleadings to be hearing July 18, 2023. The filing of this motion one day prior to the hearing date violates the Court's Standing Order No. 01-002 as follows: "TO EFFECT THE SUMMARY INTENT OF THE UNLAWFUL DETAINER STATUTES, THE COURT FINDS GOOD CAUSE TO SET THE HEARINGS ON ALL DEMURRERS, MOTIONS TO STRIKE, AND OTHER PRE-TRIAL MOTIONS ON WHICH THERE IS NO SPECIFIC STATUTE STATING OTHERWISE IN ACCORDANCE WITH CODE OF CIVIL PR...

Excerpt: ..."Subject Property"). Plaintiff filed this action July 5, 2023. On July 11, 2023, Defendant moved to quash service of summons. Defendant's moton states Defendant "was served with this action on July 7, 2023" but Defendant was not home at the "time of service." Further, that Defendant "after being gone for approx.. 3 days returned home on July 7., 2023...and she discovered that Plaintiff had filed and left an incomplete copy of the unlawful Detaine...

Excerpt: ...laintiff's right hand the day of the accident, and at his deposition May 11, 2023. (Declaration of Kane "1 1, 2, 7.) Thereafter, on May 25, 2023, Plaintiff underwent an independent medical examination with Defendant's retained expert Mark Liker, M.D., a board certified neurosurgeon. The scope of the examination included: "The examination will be conducted to determine the nature and extent of Plaintiffs injuries and present physical condition. Th...

Excerpt: ...arded in favor of Taft, payable by Bhajal. Bhajal's request for a monetary sanction is denied. Motion for Summary Judgment The disputes between the parties, including this case and a preceding case between them concerning similar issues, has a long history, including multiple appeals. As narrowed to its present form, however, the case now solely concerns plaintiff Foster Taft's single cause of action to obtain his deceased father's medical record...

Excerpt: ...ucement — concealment. Plaintiffs filed a first amended complaint March 27, 2023. This matter involves Plaintiff's entrance into a warranty contract with GM regarding a 2019 Chevrolet Silverado 1500 ("Subject Vehicle") on or about August 3, 2019. (First Amended Complaint ("FAC") 97.) Relevant here to Defendant's demurrer and motion to strike as to the fifth cause of action for fraudulent concealment, Plaintiff alleges that the Subject Vehicle s...

Excerpt: ... if Defendant defaults and remains in default for more than ten (10) days, Plaintiff will, by ex parte motion, submit an order for entry of judgment. The judgment amount to be entered, pursuant to the stipulation and order, is $13,935.98, plus interest from March 15, 2020, plus costs and fees, less any payments received by Plaintiff. The Court expressly reserved jurisdiction under Code of Civil Procedure section 664.6. Plaintiff indicates receipt...

Excerpt: ...t supervision, hiring and retenton claim; to sustain the demurrer by Defendant Victoria to the third and fourth causes of action with leave to amend as to vicarious parental liability; Plaintiff shall have ten (10) days to file an amended complaint as to this issue To grant the motion to strike as to Nos. 1 through 3; to find the motion to strike as to Nos. 4 2. through 8 moot by the ruling on demurrer as to the third and fourth causes of action....

Excerpt: ... (1) and (2) Plaintiff, individually and as successor-in-interest to Decedent James Benton, brings this action for elder abuse/neglect, professional negligence, wrongful death, and negligent infliction of emotional distress arising out of care and treatment Decedent received at Defendant Kaweah in January and February of 2022. Defendant demurrers to the first cause of action for elder abuse/neglect and seeks to strike the requests for punitive da...

Excerpt: ...lting from the falling over of a makeup display case while Plaintiff operated an electric shopping cart. Defendant, after discovery, indicates that Plaintiff is seeking no more than $5,5fl in medical damages with no loss of earnings claim. Defendant notes "Based on Plaintiff's medical records, no treating physician for Plaintiff has indicated that she will require any future medical treatment associated with her injuries from the incident at Walm...

Excerpt: ...rations as to the notice period, lodestar and current costs expended, and a declaration from the settlement administrator providing background as to Apex. On June 30, 2023, Plaintiff submitted a supplemental declaration of Attorney Barvie addressing these issues which the Court analyzes below. Class Notice The settlement agreement provides no claim form will be required of class members to participate in distributions. Only those wishing to objec...

Excerpt: ...otorist based upon a motor vehicle accident against Defendants Guadalupe Trujillo De Fernandez and Antonio Fernandez. On December 20, 2022, Plaintiff filed proofs of service indicating personal service as to each Defendant had occurred on November 29, 2022. On March 20, 2023, default was entered. On June 8, 2023, Defendant Guadalupe Trujillo De Fernandez only filed this motion for relief from default. Although Defendant utilized a pre-printed mot...

Excerpt: ...ependent upon oxygen following a battle with COVID-19, caused Plaintiff to suffer amputation of multiple toes as a result of his treatment and care with Defendant. Defendant moves to compel this matter to arbitration based upon an "attestation of responsible party" whereby Veronica Hampton, Plaintiff's daughter, attested that she was the "responsible party" to sign the Admission Agreement on behalf of Plaintiff The Admission Agreement ("Agreement...

Excerpt: ...int no less than five (5) days from this hearing. (1) Facts This is a commercial unlawful detainer matter involving strictly the commercial property located at 13406 Road 23, Corcoran, CA 93212 and specifically limited to APN Nos. 291-020-029, 291-030-042, and 291- 030-043 (the "Leased Property") (FAC 95, fn 1 [excluding residential dwelling units located at 13406 Road 23 on other APN Nos. identified in the Notice at issue in this matter.) Plaint...

Excerpt: ...any other person). (Gov. Code, S 815; see 5 Witkin Sum. Cal. Law Torts (2023), S 267.) One source of statutory public entity liability is the Government Claims Act (Gov. Code, SS 810 et seq.), California's comprehensive public liability statutory scheme. As relevant here, section 815.2 of the Act provides that public entities are vicariously liable for the acts and omissions of their employees acting within the scope of their employment, provided...