Excerpt: ... vehicle suffered from the ongoing defects, which are widespread, but nevertheless refused to repurchase the vehicle, in willful violation of the Song Beverly Plaintiffs served Requests for Production of Documents, Set One, on GM on August 11, 2023. GM responded on or about September 1, 2023 with unverified responses and served verifications September 6, 2023. The parties appear to have met and conferred, with GM agreeing to produce supplemental ...

Excerpt: ...e motion; (4) To deny the motion. Background Facts Common to (1) and (2) The Court previously granted Dr. Cantrell's special motion to strike and sustained the demurrer with partial leave to amend. As to the Court's special motion to strike ruling, the Court struck causes of action for defamation in its entirety, medical malpractice (as relates to the sending of the small claims pleadings) discrimination (as it relates to the same), retaliation i...

Excerpt: ...d to seal the petition. The Court denied Petitioner's request to seal. The Court's rejection of the order indicated a failure to present sufficient evidence under California Rule of Court, 2.550 of an overriding interest that overcomes the presumed right to public access. An amended application was filed October 18, 2023. Pettioner provides a declaration as to the following facts. Petitioner indicates she is transgender, began her first semester ...

Excerpt: ...World Food & Ag., Inc. and seeks to impose liability against individual defendants Brian Blain, Brody Blain, and Barrett Blain (the Blains) on an alter-ego/veil-piercing theory. The Blains move for summary judgment, or, alternatively, summary adjudication of various matters. In effect, the Blains challenge the City's alter-ego/veil-piercing theory of liability, as it is only by way of that theory that the City's complaint frames any issue of liab...

Excerpt: ...nded complaint; (2) To contnue the motion to expunge based on the demurrer ruling. On February 12, 2007, Plaintiffs executed a promissory note reflecting a loan they obtained from Mortgage Investment Leding Associates, Inc./MERS for $25,500.00 ("Loan"). (Request for Judicial Notce ("RJN"), Exhibit A.) The Loan was secured by a second position junior Deed of Trust ("DOT") encumbering the real property commonly known as 1915 Payan Avenue, Dinuba, C...

Excerpt: ...parable injury in that Defendant resides in the home that Plaintiff seeks to utilize satisfy the judgment, Defendant has numerous animals living on the property, has no other place to live, and lives on social security and food stamps. Defendant seeks a stay under Code of Civil Procedure sections 1176 and 916 and California Rules of Court Rule 8.112 and 8.116. Plaintiff opposes the motion, indicating that even if Defendant is entitled to a stay, ...

Excerpt: ... action, claim, controversy, or any of the issues of fact or law, determined or concluded by the final determination against the same defendant as to whom the litigation was finally determined. This determination was based upon Plaintiff's filing of the present case, VCU296508, involving allegations Plaintiff being assaulted by Tulare County Sheriffs while in custody on February 27, 2011. However, Plaintiff's claims have been finally adjudicated ...

Excerpt: ...y Citibank, who charged off the amount stated herein. (Complaint 97.) Plaintiff alleges that the date of default is July 05, 2017 and the date of the last payment was May 12, 2017. (Complaint 911.) Defendant and the name of the debtor on the Citibank account stated above is alleged as Courtney Garcia. (Complaint 913.) On December 10, 2019, Plaintiff filed a proof of service indicating that Defendant Garcia was personally served at 8:40 pm on Dece...

Excerpt: ...y (30) days from the date of this hearing; to order Plaintiff and his counsel to pay for the use of a court reporter office to attend the deposition remotely only if Plaintiff or Plaintiff's counsel so desires. In this matter, Plaintiff alleges he was injured while working on Defendants' vehicle when the Vehicle rolled down the driveway and struck Plaintiff. Defendants initially served a Notce of Taking Deposition upon Plaintiff for June 20, 2023...

Excerpt: ...ation, San Joaquin Valley College, lnc„ Lynne Hare, and Kristen Berry. Defendants moves to compel arbitration of these matters pursuant to an arbitration agreement it produces with Plaintiff's electronic signature. On #tition of a party to an arbitration agreement alleging the existence of a written agreement to arbitrate a controversy and that a party thereto refuses to arbitrate such controversy, the court shall order the petitioner and the r...

Excerpt: ...sently incurred costs and the notice period. The Court notes that Plaintiffs have filed the Second Amended Complaint on October 24, 2023, as ordered. On October 26, 2023, Plaintiffs filed supplemental declarations addressing the issues noted above. Notice The notice period, according to the revised settlement agreement is set at 60 days. The Court, therefore, approves the notice period of 60 days. Attorneys' Fees and Costs Attorneys' fees of 35% ...

Excerpt: ...en in Tulare County, including Plaintiff." (Complaint 2, 9.) Plaintiff alleges that while she was in foster care under the custody, care, and control of "DEFENDANTS" in approximately 1981, when Plaintiff was approximately thirteen (13) years old, Plaintiff was sexually abused and assaulted by her Foster Father, in whose home she was placed. (Complaint 23, 24.) Plaintiff alleges that she reported this abuse to a social worker and that no action wa...

Excerpt: ...to Defendant at Defendant's request as to a Home Depot Credit Card containing the last four digits 1281. Plaintiff alleged damages in the amount of $6,330.22. Defendant answered the complaint on June 29, 2023, stating "l know I owe the money..." On August 9, 2023, Plaintiff filed this motion for judgment on the pleadings on the basis that Defendant's answer did not deny that the money was owed to Plaintiff. Notice of this motion as mailed to the ...

Excerpt: ... filed this complaint alleging a single cause of action against Defendant for premises liability based on a dangerous condition. (UMF No. 3.) Defendant characterizes Plaintiff's Complaint as alleging that Defendant "had failed to barricade the area and/or warn of the dangerous condition, rendering said premises dangerous and resulting in serious bodily injury.„." (UMF No. 4.) Plaintiff disputes this characterization and adds that his complaint ...

Excerpt: ...ay 16, 2023 included fees up to May 10, 2023. Plaintiff thereafter filed a second motion for fees and costs incurred May 11, 2023 to July 12, 2023, also in collection of the judgment and related specifically to the motion for receiver issue previously adjudicated. The Court granted the second motion for fees in the amount of $7,105 and for costs in the amount of $453.10. Plaintiff now files this third motion for fees and costs incurred July 14, 2...

Excerpt: ...,cm) The gross settlement amount is $41WßW. Plaintiff estimates approximately 350 proposed Class Members, providing an estimated average payout of $619.04. The Class Members consist of: all non-exempt employees who worked for Central California Baking Company at any time in the State of California during the period from April 26, 2021, through February 17, 2023 and who received any wage statements containing the following information: (1) FLSA O...

Excerpt: ... Department of Transportation ("Plaintiff") seeks to acquire 2.56 acres of the 53.29 acres making up Parcel 88193-1 (the "Taking"). On October 13, 2022, at a meeting held in Sacramento, the California Transportation Commission passed and adopted Resolution of Necessity No. C-22204, declaring that the Taking or an interest therein is necessary for state highway purposes. Plaintiff seeks to acquire this area as part of a project to construct a new ...

Excerpt: ...eeking damages for alleged losses related to its 2020 pistachio crops. M.C. Watte filed fts amended complaint, adding Brian Watte as a defendant. Brian Watte then filed a cross-complaint against Nutrien seeking contribution and indemnity from Nutrien and separately seeking damages from Nutrien for alleged losses related to his 2020 pistachio crops. Defendant Nutrien Ag Solutions seeks leave to file a cross-complaint against proposed cross-defenda...

Excerpt: ...t of her detention at the Tulare County Adult Pretrial Facility. Plaintiff seeks $888 billion dollars in compensatory damages as well as a number of requests for injunctive relief to providing clean drinking water, firing certain employees, and other relief. Defendants demurrer on the basis that the complaint fails to allege compliance with the presentation requirements of the tort claims act and that they are immune under Government Code section...

Excerpt: ...tes by San Joaquin Valley Unified Air Pollution Control District (District) against Setton Pistachio of Terra Bella, Inc. (Setton). Setton is a pistachio company with a processing facility in Terra Bella, California. The District's alleges various regulatory and statutory violations by Setton. The District commenced this action by filing its original complaint on May 30, 2023. The District filed an amended complaint on July 21, 2023, alleging six...

Excerpt: ... prevent discrimination or retaliation, interference with CFRA leave, CFRA leave retaliation, violation of Labor Code sectons 233, 246.5, and 1102.5, wrongful termination of employment and intentional infliction of emotional distress. Plaintiff alleges he was employed by a combination of Defendants including Defendant DG Farms, a business entity unknown that Plaintiff alleges is a registered DBA of individual Defendant Billy De Groot, the owner a...

Excerpt: ... the parties executing a protective order; to deny the requests for sanctions. Facts Common to (1), (2) and (3) This Song Beverly action involves Plaintiffs' purchase of 2018 Jeep Renegade, VIN: ZACCJABB8JPH55214, ("the Subject Vehicle"). Plaintiffs allege various defects and nonconformities including but not limited to transmission, HVAC, and electrical problems. (Complaint 916.) Plaintiffs allege at least two repair attempts by authorized FCA r...

Excerpt: ...ntly set for October 30, 2023. Therefore, the parties' mutual exchange of expert witness information was due on 11, 2023. Plaintiff's Counsel, Michael Gorelik, appears to have drafted, but did not send, the Exchange of Expert Witness Information identifying Marian B. Stephens as an expert in the field of student safety, school negligence, administration, and supervision. (Declaration of Gorelik '1 2, Ex. 1.) The draft also identified several othe...

Excerpt: ...nc. The Complaint does not appear to allege compliance with the tort claim presentation requirements under Government Code secton 911.2. Plaintiff filed no opposition to this demurrer. Authority and Analysis The purpose of a demurrer is to test whether a complaint "states facts sufficient to constitute a cause of action upon which relief may be based." (Young v. Gannon (21%2) 97 Cal.App.4*' 209, 220. To state a cause of action, a plaintiff must a...

Excerpt: ... South Encina Street #4 Visalia, CA 93277 ("Subject Property"). (Complaint 93.) This achon is based on a three notice to pay rent or quit. Defendants were each served via personal service on October 5, 2023. On October 12, 2023, the Court entered default and on October 15, 2023, the Court entered default judgment for possession only and issued the writ of possession. On October 20, 2023, Defendants filed this ex parte moton for relief from defaul...