Excerpt: ...the following with respect to withdrawing: (1) MC‐051 ‐ Notice of Motion and Motion to be Relieved as Counsel; (2) MC‐ 052 – Declaration in Support of Attorney'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 by mail. Authority and Analysis CCP §284 provides that “[t]he attorney in an actio...

Excerpt: ... of Defendant. On July 12, 2021, a settlement agreement was fully executed wherein the parties agreed to resolve this matter for $13,500.00, pursuant to a Stipulation for Settlement and Order (hereinafter referred to as “Settlement Agreement”). The parties agreed that Defendant's insurance carrier was to pay Plaintiff $10,000.00 and Defendant was to pay Plaintiff a total of $3,500.00 by a $50.00 down payment upon the signing of the Settlement...

Excerpt: ...of the request. GM confirmed receipt of the repurchase offer letter. However, Plaintiffs hired counsel and filed a complaint on June 11, 2022 for Song‐Beverly claims – for breach of express warranty and breach of implied warranty – and a fraudulent inducement concealment claim for which they sought punitive damages. In August 2020, Plaintiffs propounded its “Set One” discovery requests. GM alleges these are the same discovery requests s...

Excerpt: ... of Amount of Settlement (Net Estimated: $21,844.15) The gross settlement amount is $165,000. As an initial matter, the Court has taken the actual attorneys' cost incurred figure of $13,373.41 from Counsel Cohen's declaration instead of the $15,000 cost noted in the motion and utilized the actual cost figure in the follow calculations. Plaintiff estimates approximately 156 covered employees with an average payment of approximately $140.02. The co...

Excerpt: ...ike as to categories (3) and (4); to grant the motion to strike as to category (5) – paragraph 104 without leave to amend; to grant the motion to strike as requested to renumbered category (5A) and (6) – damages sought in the fourth cause of action without leave to amend; to grant the motion as to the prayer as requested as to renumbered category (6A) and (7) without leave to amend. Facts Common to (1) Demurrer and (2) Motion to Strike Plaint...

Excerpt: ...t Conference is continued to October 13, 2022; 8:30 am; D1. Facts Approximately thirteen years prior to the filing of the Complaint, Plaintiff alleges Defendants Daniel C. Joaquin and Rachel J. Joaquin purchased real property located at 104 W. Sandra Venue, Tulare, CA 93274 (the “Subject Property.”) and held legal title to the Subject Property in their names. (Complaint ¶7.) Plaintiff alleges that he transferred $60,000 of his funds which we...

Excerpt: ...r; to deny the motion to quash. Facts This is an unlawful detainer matter involving 3759 E. Cypress Visalia, Calif. 93292 (“Subject Property.”) On July 7, 2022 the complaint was filed. On July 17, 2022, Plaintiff filed a proof of service indicating personal service on Defendant Bates occurred on July 7, 2022. On July 18, 2022, default judgment was entered and the writ of possession was issued. On August 18, 2022, Defendant file this ex parte ...

Excerpt: ... 809 S. Encina Street #A, Visalia, CA. 93277 (“Subject Property.”) On June 27, 2022 the complaint was filed. On July 18, 2022, Plaintiff filed a proof of service indicating personal service on Defendant Guzman occurred on July 2, 2022. On August 1, 2022, default judgment was entered and the writ of possession was issued. On August 22, 2022, Defendant file this ex parte motion to vacate the default judgment and/or stay this matter. Defendant s...

Excerpt: ...ime the moving papers and declarations that are already on file with the court. Accordingly, the motion to approve the settlement pursuant is preliminarily denied without prejudice. The hearing on this matter is continued to September 19, 2022 at 8:30 a.m.in Department 2 of this court. 1. Sufficiency of Amount of Settlement (Net Estimated: $81,525.00) The gross settlement amount is $187,500. Plaintiffs estimate approximately 59 proposed Class Mem...

Excerpt: ...ten (10) days to file an amended cross‐complaint. This matter involves the former operation of an electrician business by two brothers over which there are now a number of disputes as to expenditures, accounting, employees, and clients. On June 2, 2022, Defendant and Cross‐Complainant Jesus Zamora and Luz Zamora (“Jesus”) filed a first amended cross‐complaint for breach of fiduciary duties and fraud against Plaintiff and Cross‐Defenda...

Excerpt: ...he continued viability of the domestic olive market, only to surreptitiously enter arrangements with foreign suppliers, headed by Dcoop, a large Spanish farming cooperative, to obtain low‐cost olives from overseas. Plaintiffs allege Bell‐Carter, having secured a source for the majority of its requirements in low‐cost olives from Dcoop (plaintiffs contend the supply agreements between the defendants required Bell‐Carter to obtain a majorit...

Excerpt: ... this demurrer, the following: “13. PETS: Unless otherwise provided in California Civil Code § 64.2, no animal or pet shall be kept on or about the Premises without Landlord's prior written consent, except: none allowed.” On July 19, 2022, Plaintiff served Defendants with a three‐day notice to quit (Notice) alleging fraud and/or intentional misrepresentation as to the intent to keep animals on the Subject Property. The Notice states the le...

Excerpt: ...) The Court previously preliminarily approved the gross settlement of $750,000 as fair and reasonable. 2. Class Notice Objections or opt out notices are now to be made within 60 days. The class notice period is approved. The Court previously approved the content of the Notice. 3. Enhancement Awards to Class Representatives The court previously preliminarily approved Plaintiffs Ramirez, Villasenor, Flores, Saevang and Gutierrez as the Class Repres...

Excerpt: .... Plaintiff Bob Samson, through his guardian ad litem Loren Samson, have sued Defendant Nicole Atherton, M.D., (“Defendant” or “Dr. Atherton”) amongst others, for failing to diagnose a right foot fracture in May 2018. Plaintiff alleges this failure to diagnose resulted in him having a right mid foot amputation in October 2018. Plaintiff died on December 26, 2020. Guardian Loren Samson currently resides in Idaho. Defendant Dr. Atherton fil...

Excerpt: ...eet Visalia, Calif 93277 (“Subject Property.”) On June 28, 2022, the complaint was filed. On July 19, 2022, Plaintiff filed a proof of service indicating personal service on Defendants occurred on June 30, 2022. On July 19, 2022, default judgment was entered and the writ of possession was issued. On August 15, 2022 Defendant Dustin Lewis filed this ex parte motion to vacate the default judgment and/or stay this matter. Defendant states, howev...

Excerpt: ...amages awarded at trial. Facts This is an unlawful detainer matter involving 1828 East Vassar, Visalia, CA 93292. (“Subject Property.”) On June 22, 2022 the complaint was filed. On June 27, 2022, Plaintiff filed a proof of service indicating substitute service on Defendant Bravo occurred on June 24, 2022. On June 20, 2022, default judgment was entered in favor of Plaintiff. Also on June 20, 2022 the writ of possession was issued. The Court no...

Excerpt: ...ants pursuant to Code of Civil Procedure section 579.” The court further orders plaintiff Samuel Franks appear at the hearing on this motion to discuss service on the remaining defendants in this action and further proceedings as to those defendants. Background Plaintiff Samuel Franks filed a complaint to set aside an alleged fraudulent transfer of interests in real property at 304 East Beacon Street, in Tulare (first cause of action), to quiet...

Excerpt: ...parties need not file for a second time the moving papers and declarations that are already on file with the Court. Accordingly, the motion to approve the settlement pursuant is preliminarily denied without prejudice. The hearing on this matter is continued to September 13, 2022 at 8:30 a.m. in Department 7 of this Court. 1. Sufficiency of Amount of Settlement (Net Estimated: $97,000) The gross settlement amount is $225,000.00 Plaintiffs estimate...

Excerpt: ...nth, fifteenth, sixteenth and seventeenth; Plaintiff shall have ten (10) days to file an amended complaint; (2) To find the motion to strike moot based on the ruling on demurrer. Facts As to moving party Defendant Lloyd Benjamin (“Dr. Benjamin”), the following facts are directed specifically at him from the complaint. Plaintiff alleges she was brought to the emergency department at Kaweah Delta Medical Center on a Welfare & Institutions Code ...

Excerpt: ...ct Property”) in 2006. (First Amended Complaint (“FAC”) ¶13.) Plaintiff and her family resided at the Subject Property since 2006, and was financially responsible for the Subject Property, “paying all property taxes, trash/water, utility payments and maintenance.” (FAC ¶ 14.) Alfonso passed away and his son, Defendant Jason Elizondo, is alleged to have told Plaintiff he needed more money to finalize the sale of the Subject Property to...

Excerpt: ...reach of contract, express indemnity, equitable indemnity and declaratory relief against Defendants Atkins North America, a Florida corporation, (“Atkins”) and Faithful+Gould, Inc., a Minnesota corporation (“FG.”) The complaint alleges that Plaintiffs Quad and City entered into a written agreement for general engineering services as the City's contract City Engineer. In 2009, Quad and FG first entered into a written subconsultant agreemen...

Excerpt: ...ion of a 1997 Fleetwood manufactured home (“Collateral”) from Defendant Bowen. On or about August 20, 2021, the Court entered default judgment in favor of Plaintiff for possession of the Collateral. The Collateral is located at 33812 Success Valley Dr, Porterville, CA 93257. After obtaining a Writ of Possession for the Collateral in March 2022 and having the Tulare County Sheriff's Department levy upon the Collateral, the Sheriff's Department...

Excerpt: ...ready on file with the court. Accordingly, the motion to approve the settlement pursuant is preliminarily denied without prejudice. The hearing on this matter is continued to September 12, 2022 at 8:30 a.m.in Department 2 of this court. 1. Sufficiency of Amount of Settlement (Net Estimated: $388,200.00) The gross settlement amount is $650,000. Plaintiff estimates approximately 369 proposed Class Members, providing an estimated average payout of $...

Excerpt: ...ions This is a wage and hour case brought by four Plaintiffs against Defendants. On or about June 3, 2022, Defendants filed and served via electronic service a First Amended Answer containing a general denial and twenty‐four “affirmative defenses.” On or about June 15, Plaintiffs filed this demurrer and motion to strike the operative answer. Plaintiffs argue that sixteen of the affirmative defenses are subject to demurrer because they asser...

Excerpt: ... for fraud, concealment, fraud in the inducement, violation of the Unlawful Business Practices Act, and rescission (a remedy, rather than a cause of action). The SACC additionally includes, for the first time, causes of action for breach of contract and breach of the covenant of good faith and fair dealing. Cross defendants generally demurrer to the entire SACC. Fraud The City alleges it approved a contract with CVRR in March of 2015 involving th...

Excerpt: ...ion. Deny the motion to strike. Facts Common to Both Motions The parties in this matter are certified public accountants who practiced as general partners in Bastire Edwards (the “Partnership”). Plaintiffs are Bret Bastrire and Anthony Montgomery. Defendants are Tad Edwards and Melissa Barber. First names are used herein to differentiate between the individuals and partnership. On or about December 13, 2021, Plaintiffs Bret and Anthony filed ...

Excerpt: ...1) 14‐year‐old Aubrie and (2) 10‐year‐old Bella is Kristina Hernandez, parent and guardian ad litem. The Petitioner as to (3) 16‐year‐old Maya is Ramiro Hernandez, guardian ad litem and parent. Petitioners bring these petitions to approve the compromises of settlement offers to the minor children. This matter involves an automobile accident. On or about November 27, 2019, Petitioner Kristina Hernandez was driving a vehicle containing ...

Excerpt: ...ns Capital Management, Richard F. Seamans, Eleanor Mulvaney Seamans; to grant the motion as to Aequion, LLC; to order Defendants Seamans Capital Management, Richard F. Seamans, Eleanor Mulvaney Seamans file a responsive pleading no later than ten (10) days from this hearing; (2) To sustain the demurrer with leave to amend as to the tenth cause of action only. Background Facts Plaintiff sued Aequion, Inc. for various labor code violations, unfair ...

Excerpt: ...lder abuse committed 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.; a power of attorney appointing Billy J. as agent for Lois; 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. Robert alleges his parents ...

Excerpt: ...nd costs, information in further support of Plaintiff's proposed enhancement award and proof of submission of the settlement to the LWDA. The parties need not file for a second time the moving papers and declarations that are already on file with the court. Accordingly, the motion to approve the settlement pursuant is preliminarily denied without prejudice. The hearing on this matter is continued to September 12, 2022 at 8:30 a.m.in Department 2 ...

Excerpt: ...ed at trial. Facts This is an unlawful detainer matter involving 619 S. Court #B Visalia, CA 93291. (“Subject Property.”) On May 26, 2022 the complaint was filed. On June 7, 2022, Plaintiff filed a proof of service indicating personal service on Defendant Jones occurred on May 28, 2022. On June 15, 2022, default judgment was entered in favor of Plaintiff. Also on June 15, 2022 the writ of possession was issued. The Court notes this is a failu...

Excerpt: ...e Tulare County Clerk as an elisor if the reconveyance is not signed during that time period. Facts This motion follows entry of judgment following the jury's verdict in favor of Plaintiff which found the obligation of Plaintiff to Defendants was usurious. Plaintiff is entitled to a credit of $5,684.00 paid in 2017 against the principal amount of $35,854.00 as found at trial. Defendants' cross‐complaint was dismissed via Plaintiff's motion for ...

Excerpt: ...ed. Sinclair is in the television broadcast business, and, as relevant to Milan's cross complaint at issue here, is the owner and operator of KBAK‐TV, a CBS Television affiliate and television news station in Bakersfield. Milan is a college that contracted with Sinclair for broadcast advertising in locations where Milan sought to acquire students, including Tulare County. Milan fell behind on its payment obligations and subsequently executed a ...

Excerpt: ...s of commencement. Facts This matter was filed originally by Chicago Title Insurance Company (“Plaintiff”) on April 12, 2016 against a number of defendants, including against named Defendant and moving party sued as Pauline Nguyen, also known as Paul Nguyen who has also used the name Brian Williams (“Nguyen.”) A proof of service was filed April 28, 2016 indicting service on Nguyen purportedly occurred on April 23, 2016 by substitute servi...

Excerpt: ...dividual later identified as Gustavo Garcia stole three boxes of 9mm ammunition from a Walmart store in Tulare, CA. The ammunition was stolen from a display case which the parties dispute was locked or otherwise required assistance to access. Plaintiffs allege that, on the following day of December 17, 2018, Gustavo Garcia murdered Rocky Paul Jones. The parties do not dispute Jones died as a result of a gunshot wound to the back, at the hands of ...

Excerpt: ...il 1, 2022, Plaintiff moved this Court to deem admitted requests for admissions, set one, numbers 1 through 11. On May 10, the Court adopted its tentative ruling, deeming admitted the truth of each matter specified in requests for admissions numbers 1 through 11. These requests, now admitted, are as follows: “1. YOU admit that YOU applied for the credit card ACCOUNT with DISCOVER BANK. 2. YOU admit that YOU received a Cardmember Agreement, for ...

Excerpt: ...session. The Court notes a signed proof of service indicating service through mailing and posting occurred on April 18, 2022 as to the summons and complaint. The complaint notes service of the three‐day notice in support of the complaint on March 10, 2022. On May 17, 2022, default judgment was entered as to Defendant Jackson as to possession only and a writ of possession was issued. On June 13, 2022, Defendant filed a motion to set aside the ju...

Excerpt: ...ied as Gustavo Garcia stole three boxes of 9mm ammunition from a Walmart store in Tulare, CA. The ammunition was stolen from a display case which the parties dispute was locked or otherwise required assistance to access. Plaintiff alleges that, on the following day of December 17, 2018, Gustavo Garcia murdered Rocky Paul Jones. The parties do not dispute Jones died as a result of a gunshot wound to the back, at the hands of another, and that Jone...

Excerpt: ...fendant and Judgment Debtor as “Maria Soto aka Laura M. Tapia aka Maria Delatoba Desoto.” The address identified is “1090 Hamlin Way Lindsay, CA 93247.” The total renewed judgment sought is $9,016.12. Moving Party, Espinoza, identifies herself in her motion as “Maria Guadalupe Delatoba Espinoza” and states she is not the named defendant in the judgment entered in this matter and “was never served with process.” (Declaration of Esp...

Excerpt: ...ount of $6,200 set to be paid with an initial payment of $1,700 and $300 monthly payments. This settlement occurred at the mandatory settlement conference on January 3, 2020. The Court kept the trial date of February 7, 2020 on calendar pending execution of the settlement agreement. The settlement agreement was not executed timely, the initial payment date was missed and the parties agreed to move the initial payment date to February 28, 2020. Ho...

Excerpt: ...hereby it was adjudicated that Plaintiff Luz E. Diaz‐Magana, Defendant Eduardo Diaz and Defendant Roberto Diaz respectively owned one third, as tenants in common, of 395 North Homassel Avenue, Lindsay, Tulare County, California, (hereinafter “Subject Property.”) It was determined that sale and division of proceeds would be more equitable than division in kind of the Subject Property. It was further determined that Plaintiff was appointed as...

Excerpt: ...pled only a cause of action against Watts for negligent interference with prospective economic relations. Jason Watts was the City of Dinuba engineer at the time of the November 27, 2019 rain incident. (Undisputed Material Fact (“UMF”) No. 1.) Plaintiff EFW's contract incorporates the terms of the Notice of Inviting Bids, Bid Proposal, Contract, Specifications, and Special Provisions (“Specifications”), which provide that EFW is liable fo...

Excerpt: ...of child abuse involving plaintiff. Plaintiff alleges related claims against the County for negligent hiring, supervision and/or retention of employees, and for negligence/negligence per se. Plaintiff moves for summary adjudication (1) as to “mandatory duties” owed by the County to plaintiff under provisions of the Welfare and Institutions Code, Penal Code and regulations of the California Department of Social Services; (2) as to “any affir...

Excerpt: ...ntract regarding a brokerage agreement entered into by the parties in 2019. Plaintiff alleges damages in the amount of $35,969.92. Plaintiff filed a proof of service of the summons and complaint on Defendant Food For Athletes, Inc, a corporation by substitute service. The proof of service, executed by a registered process server, indicates that, on August 4, 2021, the documents were left with “Jeff Doe” who was apparently in charge at 1147 N....

Excerpt: ...ing. The parties need not file for a second time the moving papers and declarations that are already on file with the court. Accordingly, the motion to approve the settlement pursuant is preliminarily denied without prejudice. The hearing on this matter is continued to August 18, 2022 August 18, 2022 in Department 7 at 8:30 a.m. Case management conference is likewise continued to August 18, 2022 in Department 7 at 8:30 a.m. 1. Sufficiency of Amou...

Excerpt: ...larta. (UMF No. 2.) The area where Plaintiff fell in front of the flower case was inspected by Mariela Almanza at approximately 6:01 p.m. on June 14, 2019, and there was nothing on the ground. (UMF Nos. 3, 4.) Plaintiff believes she fell because of water on the ground, but does not know how the water got on the floor or when the water was spilled on the floor. (UMF Nos. 5, 6, 7.) Plaintiff disputes that she did not believe Defendant or its employ...

Excerpt: ...wever, did not preliminarily approve the settlement due to an insufficient class notice period, issues with the additional enhancements to non‐named Plaintiffs, a lack of information as to attorneys' fees and costs presently incurred, information regarding a lack of conflicts of interest as to the unclaimed proceeds recipient, lack of notice to the LWDA and issues as to certification for purposes of settlement. Plaintiffs have submitted a suppl...

Excerpt: ... complaint to June 6, 2022 so that Plaintiff's counsel could file the motion and a declaration consistent with California Rule of Court 3.1324. On June 6, 2022, the Court noted that no supplemental declaration had been. On June 17, 2022, the Court held a case management conference and continued the motion to July 18, 2022. Counsel has now filed a supplemental motion and declaration as of June 27, 2022. Authority and Analysis Rule 3.1324 regulates...

Excerpt: ...April 20, 2022, Plaintiff had a “Notice to Terminate Tenancy” (“Notice”) that provided 60 days to surrender possession or until June 20, 2022. The Notice provides the names of Defendants, the address of the Subject Property, a description of the Subject Property, the date to surrender possession followed by the statement: “which is the last day of the rent period, and that on said day you be required by these presents to surrender the p...

Excerpt: ... notice to pay rent or quit was served on June 16, 2022 by personal service on Defendants, including moving party Silva. On June 29, 2022, the complaint was filed. On July 7, 2022, Plaintiff filed a proof of service of the complaint and summons indicating personal service on Defendant Silva occurred on July 1, 2022. On July 12, 2022, default judgment was entered, and the writ of possession was issued. On July 14, 2022, Defendant Silva filed this ...

Excerpt: ...ecause the demurrer is sustained, the court need not consider cross‐defendant's motion to strike. (1) Facts By this motion, Plaintiff SPAS seeks to substitute itself for proposed plaintiff Packwood. Packwood was the landlord for 4236 South Mooney Boulevard, Visalia, CA 93277 (the “Premises”). (Complaint ¶ 1.) Packwood, however, assigned all its rights under the Lease to Plaintiff SPAS. (Id.) Defendant leased the Premises from Packwood to o...

Excerpt: ... action and PAGA settlement, attorneys' fees, costs, enhancement award, LWDA payment and class certification for settlement purposes came on for hearing on July 14, 2022. The court finds and rules as follows: On February 28, 2022, the settlement administrator, Phoenix Settlement Administrators received a mailing list of 367 potential class members from Defendant's counsel with names, contact information, social security numbers and relevant emplo...

Excerpt: ... notice to pay rent or quit forms the basis for this action indicating past due rent of $874.00 due May 1, 2022. On May 24, 2022, the complaint was filed. On May 28, 2022, Plaintiff filed a proof of service indicating substitute service on Defendants occurred on May 28, 2022, with mailing thereafter on the same date. On June 28, 2022, default judgment was entered and the writ of possession was issued. Judgment was entered for possession only. On ...

Excerpt: ...ty on the contract and the corresponding award of attorneys' fees. Civil Code section 1717 provides, in relevant part: “In any action on a contract, where the contract specifically provides that attorney's fees and costs, which are incurred to enforce that contract, shall be awarded either to one of the parties or to the prevailing party, then the party who is determined to be the party prevailing on the contract, whether he or she is the party...

Excerpt: ... Defendant filed a separate quiet title action in Tulare County Superior Court Case No. VCU291975, involving title claims related to the property that is the subject of this action. Defendant did not file a notice of related cases in either this department, or the department to which the quiet title matter is assigned. (See Cal. Rules of Ct., rule 3.300.) On June 17, 2022, Defendant demurred to the unlawful detainer complaint, raising arguments b...

Excerpt: ...o response has been received by Plaintiff. Plaintiff now seeks to deem admissions nos. 1 through 10 admitted. Authority and Analysis Code of Civil Procedure section 2033.280 states that if a party to whom requests for admissions have been directed fails to serve a timely response, the propounding party may move for an order that the truth of any facts specified in the requests for admissions be deemed admitted. Here, Defendant has failed to serve...

Excerpt: ...nal distress and negligent infliction of emotional distress against Defendant Brian Soares. Plaintiff alleges, generally, that Defendant hit and kicked Plaintiff causing injury on December 10, 2019. Plaintiff filed this action September 10, 2021. Defendant was served personally December 6, 2021 and answered February 4, 2022. Defendant now seeks leave to file a compulsory cross‐complaint for assault, battery negligence, intentional infliction of...

Excerpt: ...nas Jacobo, an individual (collectively referred to hereinafter as “Plaintiffs”) filed this personal injury lawsuit stemming from a tractor‐trailer versus automobile accident that occurred on October 11, 2019, at approximately 3:00 a.m., on southbound SR‐ 99, south of the Avenue 384 overcrossing, in unincorporated Tulare County. Defendants Isaias Correa, Jr.'s And Correa Transportation, LLC's Answer was filed on July 9, 2021. Defendant Ju...

Excerpt: ...ase made in May 2020. Plaintiff then sued Defendant for breach of express warranty, breach of implied warranty and fraudulent inducement / concealment. Plaintiff filed a first amended complaint for the same causes of action to which Defendant demurred and sought to strike punitive damages. This Court overruled the demurrer and denied the motion to strike. In August 2020, Plaintiff propounded its “Set One” discovery requests. Defendant alleges...

Excerpt: ...Interfere with Civil Rights‐42 U.S.C. § 1985 2) Deprivation of Civil Rights‐§§ 51 (Unruh Act) and 52.1 3) Harassment (Unruh Act) 4) First Amendment Retaliation‐42 U.S.C. § 1983 5) Assault and Battery 6.) Negligence 7) Fraud 8. Negligent and Intentional Infliction of Emotional Distress 9) Taxpayer Suit under Code of Civ. Proc. § 526a. Here initial complaint contained 12 causes of action for 1) Conspiracy to Interfere with Civil Rights u...

Excerpt: ...Maurice (hereinafter collectively “City.”) Defendants note that the individual defendants were at all times relevant employees of City and acting within the course and scope of their employment. Plaintiff is seeking compensatory damages, punitive damages and injunctive and declaratory relief. The complaint apparently stems from incidents occurring February 2020, August 2020 and December 25, 2021. The complaint states Plaintiff “filed a clai...

Excerpt: ... 95‐year‐old woman with a medical history of dementia, memory loss, high blood pressure, prior stroke, congestive heart failure, hyperlipidemia, multiple falls, hip fracture, and subdural hemorrhage. Plaintiff is currently a resident of a skilled nursing facility and, as of April 1, 2022, needs assistance with all activities of daily living. She is currently wheelchair bound and unable to ambulate. She brings this lawsuit for elder abuse and ...

Excerpt: ...d at deposition, Plaintiff claimed to have suffered loss of consciousness, traumatic brain injury, memory defects and impairment, cognitive impairment, dizziness, head pain, “occipital neuralgia left sided,” headaches, and insomnia, amongst other injuries, resulting from the incident. The parties had previously scheduled a defense medical examination related to Plaintiff's claimed physical injuries for June 29, 2022 (which is not at issue her...

Excerpt: ...161a(b)(3). Request for Judicial Notice Evidence Code section 452(c) and (h), respectively, permit a court, in its discretion, to take judicial notice of the existence and recordation of real property records when the authenticity of the documents is not challenged. (See Alfaro v. Community Housing Improvement System & Planning Assn., Inc. (2009) 171 Cal.App.4th 1356, 1367, fn. 8, 1382.) Further, “a court may take judicial notice of the fact of...

Excerpt: ...expense reimbursement, accurate wage statement, waiting time and unfair competition claims against Defendants TD Contracting, Inc, Wawona Farm Co. LLC, Gerawan Farming and Kenneth Duerksen dba TD Contracting. Counsel for Plaintiff states that Arroyo is suffering from poor and deteriorating health to the point that he is no longer in communication with class counsel, Stansbury Brown Law, PC, cannot sit for his deposition and cannot fulfill his dut...

Excerpt: ... 6317.) Here, on or about June 26, 2018, the Divisoin issued Citation 1 to Petitioner alleging a violation of Title 8, California Code of Regulations (“CCR”) § 3314(c). (Petition ¶5.) The citation is classified as “Serious Accident‐Related”, and the Division proposed penalties of $18,000. (Petition ¶5.) The employer then has 15 working days from receipt of the citation to notify the Board that it wishes to contest the citation. (Labo...

Excerpt: ...ion filed May 4, 2022 by Avrek Law Firm entitled In the Matter of Castillo, Roberto, Case No. VCU291576. The documents filed with each case appear identical. Counsel is invited to clear up this issue at the hearing. Facts Petitioner is Robert Castillo, the father of the 12‐year‐old minor Carlos Castillo. Petitioner now brings a petition to approve the compromise of a settlement offer to the minor child. According to the Petition, on April 20,...

Excerpt: ..., attached to the complaint is signed by Craig Branco, as “Landlord or Landlord's Agent.' Defendant demurrers to this complaint on the basis that documents recorded regarding the Subject Property list stated that the Subject Property was as of 2016, transferred to “3‐B Ranch, a California general partnership.” Judicial Notice Defendant requests judicial notice of the following: 1. “The last recorded deed at the Tulare County Recorder's ...

Excerpt: ...allegedly misclassified him as an independent contractor in connection with driving services performed from June 2019 to March 2020. As part of this lawsuit, Plaintiff also filed a cause of action under Labor Code section 3706, which permits recovery against an employer for damages from injury when the employer fails to maintain applicable workers compensation coverage. Plaintiff filed a second action against the owner of the Carl's Jr, TWM Indus...

Excerpt: ... (“UMF”) No. 1.) England was originally hired by Defendant General Logistics System's predecessor in 2006 (UMF Nos. 3, 4, 5.) England was, at all times, an at‐will employee. (UMF No. 6.) Co‐Plaintiff David Johnson was, at all relevant times, over the age of 40. (UMF No. 2.) Johnson is England's father‐in‐law (UMF No. 8.) Steve Bergan held the positions of Vice President of Operations and Chief Operating Officer during the relevant per...

Excerpt: ...fees, costs, enhancement award, LWDA payment and class certification for settlement purposes came on for continued hearing on June 28, 2022. On September 15, 2022, the settlement administrator, Phoenix Settlement Administrators, received a data file of 95,724 potential class members from Defendant's counsel. However, Defendant did not have addresses for 59,287 of the 95,724 settlement class members and the administrator was unable to locate alter...

Excerpt: ...s, the motion to strike is moot based on the ruling on demurrer. Facts This case arises from Charles Hardiman's (“Decedent”) death while a patient/resident at Defendant Sun Villaidence Opco, LLC dba Sequoia Transitional Care's (“Sun”) skilled nursing facility 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, L...

Excerpt: ... school. Both plaintiffs attended Golden West during the early 1980's. Doe 7024 alleges he was sexually abused by one of his teachers, Michael Cardoza. Plaintiff Jeffry Rivera alleges he was sexually abused by another teacher, Kenneth Walters, and that Michael Cardoza also attempted to sexually abuse him. Cardoza and Rivera are now deceased. Plaintiffs allege causes of action against the District and Does for negligence, negligent supervision, an...

Excerpt: ... school. Both plaintiffs attended Golden West during the early 1980's. Doe 7024 alleges he was sexually abused by one of his teachers, Michael Cardoza. Plaintiff Jeffry Rivera alleges he was sexually abused by another teacher, Kenneth Walters, and that Michael Cardoza also attempted to sexually abuse him. Cardoza and Rivera are now deceased. Plaintiffs allege causes of action against the District and Does for negligence, negligent supervision, an...

Excerpt: ...s, the motion to strike is moot based on the ruling on demurrer. Facts This case arises from Charles Hardiman's (“Decedent”) death while a patient/resident at Defendant Sun Villaidence Opco, LLC dba Sequoia Transitional Care's (“Sun”) skilled nursing facility 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, L...

Excerpt: ...fees, costs, enhancement award, LWDA payment and class certification for settlement purposes came on for continued hearing on June 28, 2022. On September 15, 2022, the settlement administrator, Phoenix Settlement Administrators, received a data file of 95,724 potential class members from Defendant's counsel. However, Defendant did not have addresses for 59,287 of the 95,724 settlement class members and the administrator was unable to locate alter...

Excerpt: ...allegedly misclassified him as an independent contractor in connection with driving services performed from June 2019 to March 2020. As part of this lawsuit, Plaintiff also filed a cause of action under Labor Code section 3706, which permits recovery against an employer for damages from injury when the employer fails to maintain applicable workers compensation coverage. Plaintiff filed a second action against the owner of the Carl's Jr, TWM Indus...

Excerpt: ...inst Defendant Complete Solar, Inc. and Does 1 through 30 for breach of implied warranty of merchantability, Song Beverly, breach of warranty, violation of the Consumer Legal Remedies Act and unfair competition. Relevant to this motion, Plaintiff, on March 7, 2022, filed an ex parte application to substitute “JAK Solar” for Doe Defendant 1. The application was granted by this Court. Plaintiff then, on April 8, 2022, filed a proof of service a...

Excerpt: ... or documentary evidence, including, but not limited to, the written statement of complaint submitted by CEO Donna Hefner to Sierra View on or about July 22, 2021; 4) The censure may be based upon the March 11, 2022 statement of charges, which includes violations of policies that were not in place when Petitioner's conduct took place, but which Petitioner expressly agreed would be a part of his reconsideration hearing. Facts Petitioner Gaurang Pa...

Excerpt: ...ion and PAGA settlement, attorneys' fees, costs, enhancement award, LWDA payment and class certification for settlement purposes came on for hearing on June 17, 2022. The court finds and rules as follows: On March 18, 2022, the settlement administrator, Phoenix Settlement Administrators received a mailing list of 366 potential class members from Defendant's counsel with names, contact information, social security numbers and relevant employment i...

Excerpt: ...l Draper demurrer to Dominga Tabutol's third amended complaint. This court previously sustained demurrers to the initial and first amended complaint. Tabutol filed a second amended complaint, to which American and Pacific demurred, but prior to hearing on the demurrer, Tabutol moved and was granted leave to file her third amended complaint. The third amended complaint includes first and second causes of action against American, Pacific, and Drape...

Excerpt: ...nt was filed. On June 9, 2022, Plaintiff filed a proof of service of the complaint and summons indicating personal service on Defendant Ramirez. On June 17, 2022, default judgment was entered, and the writ of possession was issued. On June 22, 2022, Defendant Ramirez filed this motion to vacate default judgment under Code of Civil Procedure section 473 and stay execution of judgment under section 918. In support, Defendant states “I don't have ...

Excerpt: ...n unlawful detainer action involving possession of property located at 10246 Avenue 388, Dinuba, California 93618. Plaintiff ECP filed that action on February 2, 2022, naming Defendant Antonio Hauracha. Plaintiff served the summons, complaint, cover sheet, and prejudgment claim of right of possession on Defendant Huaracha and on “All Unknown Occupants in Possession” on February 12, 2022. Defendants and moving parties Graciela Gutierrez, Jose ...

Excerpt: ....33) The Court previously approved the gross settlement amount of $1,850,000. The gross settlement fund has been reduced to $1,840,000 to account for the individual settlement of Plaintiff John Cook's individual claims set forth in Cook v. Land O'Lakes, Inc., Case No. 1:20‐ CV‐00553‐NONE‐SAB. The settlement between all parties sought to globally resolve both the individual Cook action and the representative action. However, Cook's individ...

Excerpt: ...December 22, 2022; 8:30 am; D1. CMC is taken off calendar. (1) and (2) Plaintiff's motions 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 June 23, 2022. The court finds and rules as follows: On January 13, 2022, the settlement administrator, Phoenix Settlement Administrators, received a mailing list of 73 potenti...

Excerpt: ...y and tenth cause of action for breach of duty of loyalty; to overrule the demurrer as to the twenty‐first cause of action for unfair competition against Love Plants; to overrule the demurrer as to the fourteenth through twenty fifth‐ causes of action based on inconsistent fact pleading. Case Management Conference is continued to July 11, 2022; 8:30 am; D1. To sustain the demurrer with leave to amend as to the third cause of action for violat...

Excerpt: ...ENANCY” to be served on Defendants, including Defendant Vega (the “Notice.”) The Notice provides a statement that the tenancy is not subject to the Tenant Protection Act of 2019, contains the language required by 1946.2(e)(8)(B). The sixty day period expired May 21, 2022. On May 24, 2022, Plaintiff filed this unlawful detainer complaint. There was no agreement as to the rental of the Premises or amount of rent. Plaintiff indicates Plaintiff...

Excerpt: ...��Subject Property.”) A three day notice to pay rent or quit was served May 4, 2022. On May 16, 2022, the complaint was filed. On June 1, 2022, Plaintiff filed a proof of service of the complaint and summons, indicating personal service on Defendant Campos on May 21, 2022. On June 9, 2022, default judgment was entered and the writ of possession was issued. On June 13, 2022, Defendant attempted to file an answer, which was rejected and filed thi...

Excerpt: ...d service and mail. The proof of service indicates that “Anna Kostanyan ‐ Agent for process of service” was served at 36400 Highway 190, Springville, CA 93263, “by substitute service” on August 21, 2021 at 7:04 pm with the documents were left with “Hamo T. – Employee/Accepting Service.” On August 23, 2021, the process server mailed the documents addressed as follows to “Springville Ranch 36400 Highway 190, Springville, CA 93263�...

Excerpt: ...f” or “Johnson”) was born in September 1952 and was over 40 years old at all relevant times. (Undisputed Material Fact (“UMF”) No. 1.) Plaintiff was originally hired by Defendant General Logistics System's predecessor in 1999 (UMF Nos. 2, 4.) Johnson was, at all times, an at‐will employee. (UMF No. 5.) Johnson's title was Director of Operations and he reported to the Vice President of Operations for Defendant. (UMF Nos. 6, 7.) Relevan...

Excerpt: ...r 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 June 21, 2022. The court finds and rules as follows: Escalator Clause Issue Defendant objects to Plaintiff's motion for final approval because it seeks a gross settlement amount increased from $900,000 to $1,098,872.35, based upon Section 16 of the January 13, 2022 set...

Excerpt: ...Defendant Terra Bella. Plaintiff alleges causes of action for negligence, intentional tort, premises liability and products liability and seeks punitive damages. The Court previously sustained Defendant's demurrer, with leave to amend, on the basis that California's workers compensation program provides an exclusive remedy to Plaintiff and that Plaintiff has already received his workers compensation benefits. The Court provided leave to amend to ...

Excerpt: ... $1,250 per month, raised to $1,300 in July 2021. The tenancy is not subject to the Tenant Protection Act because it is a single family home under Civil Code section 1946.2(e)(8). Despite the complaint stating the exemption, the complaint also states the tenancy was terminated for at‐fault just cause pursuant to Civil Code section 1946.2(b)(1). Defendant Esperanza Mendoza was served a 3 day notice to pay rent or quit (“Notice”) on May 12, 2...

Excerpt: ...to sanctions for the OSC hearing. Facts Petitioner Henry Oney, by and through his guardian ad litem Renae Oney (“Petitioner”) was a patient of Respondent Kaweah Delta Health Care District (“Respondent”) at various locations owned and operated by Respondent. Petitioner contends that the hospital and two skilled nursing facilities which treated him are defined in Health and Safety Code section 1250 as “a health facility having duly consti...

Excerpt: ...to Pay Overtime Compensation [Cal. Lab. Code §§ 1194 and 1198]; 3. Failure to Provide Meal Periods [Cal. Lab. Code §§ 226.7, 512]; 4. Failure to Authorize and Permit Rest Breaks [Cal. Lab. Code §§ 226.7]; 5. Failure to Timely Pay Final Wages at Termination [Cal. Lab. Code §§ 201‐203]; 6. Failure to Provide Accurate Itemized Wage Statements [Cal. Lab. Code § 226]; 7. Unfair Business Practices [Cal. Bus. & Prof. Code §§ 17200, et seq.]...

Excerpt: ...ained after she was injured on an escalator owned, controlled, and/or maintained by Defendants Macy's West Stores Inc. and Schindler Elevator Corporation. Ms. Moreno was a patron at Defendant Macy's store on October 18, 2018 when she attempted to use an escalator within the store. The subject escalator jolted Plaintiff due to a malfunction and Plaintiff fell backwards and hit her head, suffering a mild traumatic brain injury. Plaintiff also susta...

Excerpt: ...sed. Robert additionally challenges a set of 2017 estate planning documents, including a trust purportedly established by Billy J.; a power of attorney appointing Billy J. as agent for Lois; 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. Robert alleges his parents lacked capacity to execute the documents at the time they were signed, and relatedly, that they w...

Excerpt: ...rillwitz (“Defendants.”) Defendants successfully moved to compel this matter to arbitration on February 8, 2022. The Court notes that the arbitration agreement states, as to selection of the arbitrator: “The arbitrator shall be selected by mutual agreement.” Additionally, the agreement is expressly governed by the Federal Arbitration Agreement (“FAA.”) Further, the agreement contains a delegation clause as follows: “EXCEPT AS PROVID...

Excerpt: ...iation of these proceedings on November 24, 2018. Background 1. The trusts Douglas Jr.'s will provided for distribution of his estate upon his death to an irrevocable testamentary trust known as the “Marital Trust of Douglas Cox, Jr.” Douglas Jr. died in 1984, and his estate was administered in probate, which was completed in 1986. The trust was funded on probate of Douglas Jr.'s estate. As relevant here, the order for final distribution prov...

Excerpt: ...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 June 14, 2022. The court finds and rules as follows: On February 18, 2022, the settlement administrator, Phoenix Settlement Administrators received a mailing list of 81 potential class members from Defendant's counsel with names, contact information, social security ...