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 ...

Excerpt: ... which are currently removed 3. 1929 Dodge Brother's Doctor's Coupe valued at $2,500.00 (Complaint ¶3) Plaintiff alleges that Defendant's now deceased husband, in or about 2007, made an agreement with Plaintiff wherein he would restore and refurbish Plaintiff's vehicles. (Complaint ¶¶ 6, 7.) Work on the Camaro commenced at this time, while the Dodge was placed in a Seatrain container located at 22824 Road 178, Porterville, California. (Complai...

Excerpt: ... motion is denied. Wonderful moves this court for an order directing the County of Tulare to certify the administrative record in this case. According to Wonderful, it prepared a complete administrative record after the County confirmed it had provided all documents needed for the record and that the draft record was complete, but the County refuses to certify it. County has not filed any opposition. Touchstone has not filed opposition on the mer...

Excerpt: ... 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 and is continued to July 18, 2022 at 8:30 a.m.in Department 2 of this court. 1. Sufficiency of Amount of Settlement (Net Estimated: $115,166.67) The gross settlement amount is $250,000 Plaintiff estimates approximately 79 proposed Class Members with an average paymen...

Excerpt: ...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 July 18, 2022 at 8:30 a.m.in Department 2 of this court which is same the date, time and department of the case management conference. 1. Sufficiency of Amount of Settlement (Net Estimated: $128,500) The gross settlement amount is $200,000. Plaintiffs...

Excerpt: ...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 between themselves for general engineering services making Quad the City's contract City Engineer. In 2009, Quad and FG first entered into a written subconsultant agreement related ...

Excerpt: ...etainer 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 Gutierrez, F...

Excerpt: ...intiff has filed a first amended complaint for negligence, negligent supervision, negligent retention, sexual harassment and violation of the Bane Act. The proposed deponent, Sherry Perry, is alleged to have been responsible for coaching the academic decathlon team, recruiting Stanley and supervising both Stanley and Plaintiff. Ms. Perry has been a resident of Australia for the past five years and is currently a resident of Kensington, Australia....

Excerpt: ... owned by Plaintiffs' predecessors in interest. Specifically the easement here involved a dirt road exiting off North Fork Drive in Three Rivers (the “Original Road” as labeled by Defendants) that provided access to various properties that were created by the division of the contiguous parcel. As alleged by Plaintiffs, this Original Road provided access to homes, barns and appurtenant buildings and facilities. Plaintiffs allege it was approxi...

Excerpt: ...th cause of action. The proposed first amended cross‐complaint attached as Exhibit A shall be deemed filed. (2) To grant the motion as to causes of action one through five of the amended cross‐complaint. (1) Facts Sierra moves this Court to amend its cross‐complaint, to add a claim for express indemnity. Specifically, Sierra's theory on express indemnity is pursuant to “an express General Commercial Liability and Auto Liability Insurance ...

Excerpt: ...on against Defendants Rosario and Cynthia Soto. Defendants were never personally served. Plaintiff, on his third attempt, obtain an order for service via publication, allegedly effectuated service through publication and obtained entry of default in July 2019. However, default judgment was not entered until February 24, 2022. Defendants indicate that, in 2017, they moved from Tulare County to San Louis Obispo County seven months after the lawsuit...

Excerpt: ... The Court previous approved the sufficiency of the amount of the settlement, including the assessment of the value of the various claims and penalties, including evaluation of the various strengths and weaknesses of Plaintiffs' case and Defendant's defenses to Plaintiffs' claims. The Court further previously approved the class notice period, the content of the class notice, the claims administrator, the recipient of unclaimed settlement proceeds...

Excerpt: ...fendants now demurrer to the First Amended Complaint for failure to file a timely government tort claim and for failure to state a cause of action. Authority and Analysis Before filing a demurrer, the demurring party is required to meet and confer with the party who filed the pleading demurred to for the purpose of determining whether an agreement can be reached that would resolve the objections to be raised in the demurrer. (Code Civ. Proc. § 4...

Excerpt: ...ior Court Case No. VCU289281 (the “Class Action”). On January 31, 2022, Plaintiff filed this Complaint against the same parties, and based upon the same factual allegations (the “PAGA Action.”) Defendant points out that there are substantial similarities between the actions, though the PAGA Action advances two additional theories of liability. Defendant categorizes this as an improper attempt to “split claims” and “game the legal sy...

Excerpt: ... the TPA including the following: “Under the TPA, the most common exemptions from just cause eviction laws are: (1) separately alienable single‐family dwellings, including a condominium, as long as the property is not owned by a corporation; a limited liability company with a corporate member; or a real estate investment trust. For this exemption to apply, the landlord must first give the tenant applicable notice of the exemption…” The si...

Excerpt: ...ant demurrers to the complaint, contending plaintiff failed to file a timely government tort claim and that the complaint fails to state a cause of action. Authority and Analysis Before filing a demurrer, the demurring party is required to meet and confer with the party who filed the pleading demurred to for the purpose of determining whether an agreement can be reached that would resolve the objections to be raised in the demurrer. (Code Civ. Pr...

Excerpt: ... for breach of contract, wrongful foreclosure regarding both the Douglas Ave. property and Lewis Lane property intentional misrepresentation, breach of covenant of good faith and fair dealing, slander and intentional interference with prospective economic advantage. In support, Defendant sets forth the following undisputed material facts. Arnulfo Gonzalez's first cause of action for breach of contract is based upon the January 27, 2017 Note Secur...

Excerpt: ...1. Sufficiency of Amount of Settlement (Net Estimated: $457,000.00) The gross settlement amount is $1,200,000.00. The Class Members consist of: “All current and former hourly‐paid, non‐exempt employees of Defendant who worked in the State of California at any time from January 7, 2017 through August 31, 2021.” Plaintiffs estimate approximately 1,250 proposed Class Members with an average payment of approximately $365.60 each. The individu...

Excerpt: ...for possession for Plaintiff after trial, cancelled the rental agreement, issued the writ immediately, and awarded $1,917.24 to Plaintiff. Defendant Jones now brings this ex parte motion to vacate judgment and stay execution of judgment. In support, Defendant states she was late to the trial date due to road construction and arrived minutes after the judgment was entered. Defendant states defenses including “rent increase. Verbal promise to all...

Excerpt: ...as filed. On April 22, 2022, Plaintiff filed a proof of service of the complaint and summons indicating personal service on Defendant Wilkinson. On April 22, 2022, the clerk entered default against Defendant Wilkinson. On April 26, 2022, default judgment was entered and the writ of possession was issued. On May 11, 2022, Defendant Wilkinson filed a motion to vacate default judgment and stay execution of judgment under Code of Civil Procedure sect...

Excerpt: ...qudah), was previously resolved by stipulated judgment. SPAS then sued Alqudah for breach of contract, seeking, inter alia, recovery of unpaid rent. Alqudah cross‐complained against SPAS, initially alleging causes of action for breach of contract and “fraud and misrepresentation.” This court granted an anti‐SLAAP motion to strike, as to Alqudah's breach claim, and sustained a subsequent demurrer to Alqudah's fraud claim. Alqudah filed a f...

Excerpt: ...dant Visalia Tile Inc. Tentative Rulings: (1‐5) To deny plaintiffs' motions for summary adjudication. (6) and (7) There are no tentative rulings on the merits for these motions. Per the request of the parties, this is a continued hearing date for these motions. In the event the motions are fully resolved, please advise the D1 clerk and the motions will be taken off calendar. Class representative plaintiffs James Alvarez, Juan Barrera, Raul Chav...

Excerpt: ...easement and from destructing or removing the easement. Plaintiff's motion states that in 2016, Defendant Sanchez sought a lot line adjustment to combine Tulare County Assessor Parcel Numbers 316‐050‐042 and 316‐050‐041 into one (1) undivided parcel subsequent renumbered as Tulare County Assessor Parcel Number 316‐050‐050 and to divide Tulare County Assessor Parcel Number 316‐050‐028 into two (2) separate parcels subsequently renu...

Excerpt: ...forceable as against Plaintiffs by Defendant Plum. The Court notes that both Plaintiffs' arbitration agreements are expressly governed by the Federal Arbitration Act. Pursuant to the Court's order, Plaintiffs indicate they initiated arbitration in July 2021. Plaintiff Suastegui filed her arbitration demand with AAA and Plaintiff Gillespie filed her arbitration demand with JAMS, pursuant to their respective agreements. While initial fees were paid...

Excerpt: ...el may appear in any manner as to this motion. (1) Facts The lawsuit arises from reroofing work on the City of Dinuba's police station and courthouse, performed by Plaintiff Eagle Fire and Water Restoration, Inc. (“EFW”). On January 13, 2021, Plaintiffs Akop Elechyan, Bella Gasparian, and EFW filed the instant lawsuit, naming the City of Dinuba and Jason Watts (“Watts”) as defendants. Elechyan is EFW's principal, executed EFW's contract w...

Excerpt: ...rmative defenses. It is completely blank other than the caption and signature. Plaintiff now brings this motion for judgment on the pleadings on the basis that the answer fails to state facts sufficient to constitute a defense. Plaintiff's motion states “Since there is nothing in the answer that states any legal defense whatsoever, the answer should be disregarded and judgment should be entered for Plaintiff.” This suggests, to the Court, tha...

Excerpt: ...cember 10, 2020 against Defendants Jon Mackenzie, Anthony Longabordo and Pacific Properties, amongst others. The complaint involves the validity of a lease of a private air landing strip. The complaint contains a cause of action for declaratory relief. The issue is whether the lease is invalid because it does not contain Defendant Mackenzie's signature. On February 16, 2022, Cross‐Complainant/Defendant Mackenzie then filed a cross‐complaint a...

Excerpt: ...ered into a settlement agreement. On June 12, 2017, the Court signed the order dismissing the case without prejudice and expressly retaining jurisdiction over this matter pursuant to Code of Civil Procedure section 664.6. Defendants made payments toward the balance due totaling $3,977.91, with the last payment made on January 31, 2019. Plaintiff requests the pre‐judgment amount of $17,200.00 plus court costs of $640.00 minus credits of $3,977.9...

Excerpt: ...he petition, Touchstone filed its initial cross complaint seeking a judicial declaration that Wonderful lacks standing because another department of this court determined Wonderful lacked standing to challenge other, prior land use approvals relating to the same pistachio processing facility in a recent prior action: Tulare County Superior Court Case No. VCU283508 (Wonderful I). The land use approvals at issue in Wonderful I were two building per...

Excerpt: ...mpliance Hearing is set for September 19, 2022, 8:30 am in Dept. 2. 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 May 23, 2022. The court finds and rules as follows: On February 9, 2022, the settlement administrator, Phoenix Settlement Administrators, received a mailing list of 1,078 potential...

Excerpt: ...e correspondence attached indicates that the issues were sufficiently discussed between the parties, some in more detail than others. In any event, “(4) A determination by the court that the meet and confer process was insufficient shall not be grounds to overrule or sustain a demurrer.” (Code Civ. Proc § 430.1(a)(4).) Facts This matter arises from disputes relating to the sale of Plaintiff Paim's towing business, Indy Towing and Transport (...

Excerpt: ...date range for the abuse or placement, does not identify the foster family, does not identify any therapist or state how long the abuse lasted. Defendant demurrers on the basis that the complaint is ambiguous for failure to provide such identification. Defendant further states that Plaintiff has failed to plead particularity. Plaintiff opposes the demurrer on the basis that she has pled all elements for negligence against the County and need not ...

Excerpt: ...10 days to amend; To overrule the demurrer as to the fourth cause of action. (2) As to punitive damages and attorneys' fees, the motion to strike is moot based on the ruling on demurrer; The Court denies the motion as to other allegations made by Plaintiff sought to be struck on the basis of the PREP Act. If no oral argument is requested, the Court will adopt the tentative ruling. In the event oral argument is requested, the hearing for argument ...

Excerpt: ...d at 10246 Avenue 388, Dinuba, California 93618. Plaintiff caused a sixty‐day notice to be served on October 25, 2021. The notice is directed at “Antonio Hauracha & to all other residents or occupants.” Plaintiff filed this action on February 2, 2022, naming Defendant Hauracha. Plaintiff served the summons, complaint, cover sheet, and prejudgment claim of right of possession on Defendant Huaracha and on “All Unknown Occupants in Possessio...

Excerpt: ...is requested, the Court will adopt the tentative ruling. In the event oral argument is requested, the hearing for argument will be continued to May 26, 2022; 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 May 19, 2022. The court finds and rules as follows: On February 23, 2022 the ...

Excerpt: ...argument is requested, the hearing for argument will be continued to May 26, 2022; 8:30 am; D1. A. Facts On January 4, 2022, Plaintiff filed a lawsuit against Defendants alleging: (1) Wrongful Termination in Violation of Public Policy, (2) Sexual Orientation Discrimination under the Fair Employment and Housing Act, (3) Sex Discrimination under the Fair Employment and Housing Act, (4) Age Discrimination under the Fair Employment and Housing Act, (...

Excerpt: ...has sued the County of Tulare, as well as multiple individually named Defendants, including Heriberto Martinez for failure to investigate and provide emergency responsive services. Plaintiff states that Defendant Martinez is the chief liability witness. Plaintiff mutually set the deposition approximately four times without success, including on April 5, 2022, where Defendant failed to appear at the deposition. In opposition, Defendant states he h...

Excerpt: ... U.S.C. § 1985; 2) Deprivation of Civil Rights under 42 U.S.C. § 1983; 3) Deprivation of Civil Rights under State Code §§ 51 (Unruh Act) and 52.1; 4) Taxpayer Suit to Prevent the Illegal Expenditure of Funds (Code of Civ. Proc. 526a; 5) Failure to Take all Reasonable Steps to Prevent Discrimination; 6) Harassment and Hostile Environment; 7) Unlawful Retaliation: Labor Code § 1102.5 (Whistleblower Law); 8) Battery; 9) Assault; 10) Negligence;...

Excerpt: ... filed. On April 22, 2022, Plaintiff filed a proof of service of the complaint and summons indicating personal service on Defendant Wilkinson. On April 22, 2022, the clerk entered default against Defendant Wilkinson. On April 26, 2022, default judgment was entered and the writ of possession was issued. On May 11, 2022, Defendant Wilkinson filed this motion to vacate default judgment and stay execution of judgment under Code of Civil Procedure sec...

Excerpt: ...on October 25, 2021. The notice is directed at “Antonio Hauracha & to all other residents or occupants.” Plaintiff filed this action on February 2, 2022, naming Defendant 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 at 12:54 pm by substituted service on Jesus Hauracha “co‐resident,” ...

Excerpt: ...ts appealed from the DLSE judgment to the Tulare Superior Court on February 9, 2018. Defendants, in compliance with Labor Code section 98.2(b), filed an undertaking in cash in the amount of $72,377. Trial was in March 2019. The Court found a lack of an employer/employee relationship, entered judgment on all claims of Plaintiff and ordered the bond released. This Court signed the proposed judgment and proposed order for release of the bond on Apri...

Excerpt: ...ndant filed this motion April 5, 2022. The procedural history, Defendant's participation at various hearings and statements by the Court to Defendant are relevant to denial of this Motion. On November 9, 2021, Defendant, representing himself, attended the case management conference. Defendant told the Court at that time, he did not understand he had to file an answer. The Court advised him that he had not yet filed a response to the lawsuit. Spec...

Excerpt: ...r is an unlawful detainer action involving residential property located at 1090 Stonegate Cove Dr. #A, Porterville, CA 93257. Defendant Valdez was served via posting and mailing on April 5, 2022. The proof of service of this method of service was filed April 27, 2022. Default was entered as to Defendant Valdez on April 27, 2022. In support of this motion, Defendant Valdez's counsel has submitted a declaration that indicates that counsel contacted...

Excerpt: ...Garcia), and Sumruld Garcia, Inc., identified in the complaint as a “family business.” Davis alleges the defendants issued a “bad check” from a Sumruld Garcia business account for sums allegedly agreed to be paid for legal services. Based on this allegation, Davis alleges a first cause of action for breach of contract, a second cause of action on various common counts, a third cause of action for fraud, and a fourth cause of action for ge...

Excerpt: ...mplaint. Authority and Analysis In re Veterans' Industries, Inc. (1970) 8 Cal.App.3d 902, 924‐925 notes the following regarding amicus briefs at the trial court level: “It is sometimes observed that even though one's interest in the subject matter or the outcome of an action is insufficient to permit an intervention, such a person's rights had been adequately protected by his having been permitted to appear as an amicus curiae setting forth h...

Excerpt: ...ntiff shall have 10 days to amend; To overrule the demurrer as to the fourth cause of action. (2) As to punitive damages and attorneys' fees, the motion to strike is moot based on the ruling on demurrer; The Court denies the motion as to other allegations made by Plaintiff sought to be struck on the basis of the PREP Act. Facts Common to (1) and (2) This case arises from Mary Alice Hooper's (“Decedent”) death while a patient/resident at Linwo...

Excerpt: ...a load of lumber at Defendant and Cross‐Complainant Sierra Forrest Products. After loading the lumber, various tarps were placed on top of the truck. Plaintiff was then “instructed to drive his truck outside of the loading area to the front of the building before the straps and tarps were fully secured” and while Plaintiff “was adjusting one of the straps in preparation for securing the load, one of the heavy tarps fell off of the load an...

Excerpt: ...n its appeal, JT2 challenged a Civil Wage and Penalty Assessment (CWPA) issued by the California Division of Labor Standards Enforcement (DLSE) based on JT2's alleged failure to pay its workers prevailing wage rates for work on a public works project. The hearing officer determined DLSE's assessment was incorrect in various respects, and the Director issued a decision modifying the assessment. JT2 challenges a limited part of the Director's decis...

Excerpt: ...he rental market. On February 8, 2022, Plaintiff caused a “SIXTY DAY NOTICE TO QUIT (C.C., Sec. 1946.1)” to be served on Defendants, including Defendant Bothke (the “Notice.”) The Court notes the Notice is on a form indicating it was published in 2003. The Notice expressly states it is given pursuant to Civil Code section 1946.1. On April 20, 2022, Plaintiff filed this unlawful detainer complaint. Defendant Bothke now demurrers to the com...

Excerpt: ...inor child. According to the Petition, on September 16, 2020, the minor was a passenger in a vehicle which was struck by another vehicle. (Petition at 5, 6.) The minor sustained injuries to her head, back, neck, left knee and right knee. (Petition at 7.) The Petition states the minor has recovered completely from the effects of the injuries. (Petition at 9a.) The minor received treatment from Dr. Lester and ML Healthcare Services. The Court notes...

Excerpt: ...ebruary 20, 2020. Here, Plaintiff objects on grounds that Defendant has filed a second summary judgment motion without providing new facts or new law as required under California Code of Civil Procedure section 437c(f)(2), Le Francois v. Goel (2005) 35 Cal. 4th 1094, 1098, Bagley v. TRW, Inc. (1999) 73 Cal.App.4th 1092, 1097; and Schacter v. Citigroup (2005) 126 Cal. App. 4th 726. The Court notes initially that the defense under the Privette v. S...

Excerpt: ... retaliation as to the allegations of “insurance fraud, waste of resources recruited pt base, privacy breach, civil rights violations, harassment.” Plaintiff shall have 10 days to amend this cause of action and these specific issues. The Court overrules the demurrer as to the second cause of action for retaliation as to the OSHA issue. This mirrors the Court's first ruling on demurrer. The Court overrules the demurrer as to the third through ...

Excerpt: ...ions of Business and Professions Code section 17200, based on their purchase of a 2022 Honda Civic. On March 28, 2022, Defendants filed a demurrer to the fourth cause of action. Authority and Analysis A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) When considering demurrers, courts read the allegations liberally and in context, accepting the alleged facts as true. ...

Excerpt: ...ustee, appointing a successor trustee, dismissing the petition and retaining jurisdiction under Code of Civil Procedure section 664.6 to enforce the terms of the settlement agreement attached to the order. The material terms at issue are found in section 4.1 of the Settlement Agreement. Pursuant thereto, Respondents shall pay Petitioners $750,000.00 in installments as follows: 1) 75% of the net proceeds of the sale of 20650 Agnes Lane, which “s...

Excerpt: ...ot file for a second time the moving papers and declarations that are already on file with the Court. The hearing on this matter is continued to June 16, 2022 at 8:30 a.m.in Department 1 of this court. Case management conference is likewise continued to June 16, 2022 at 8:30 a.m. in Department 1. 1. Sufficiency of Amount of Settlement (Net Estimated: $2,180,000.00) The gross settlement amount is $3,925,000.00. Plaintiffs estimate approximately 1,...

Excerpt: ...r coordinating the actions under Code of Civil Procedure section 403 and further “order the cases consolidated for trial pursuant to Section 1048 without any further motion or hearing.” (Code Civ. Proc. § 403.) Facts This matter involves two cases, one whose venue is Tulare and the other Merced. In or around June 2019, Plaintiff Victor Lopez (“Plaintiff”) was hired by Defendant Kulwant Gadri dba Gadri Farms (“Gadri”) as a driver. Pla...

Excerpt: ...are already on file with the court. The Court does grant the leave requested to file the First Amended Complaint and deems it filed as of the date of this hearing. Accordingly, the motion to approve the settlement pursuant is preliminarily denied without prejudice. The hearing on this matter is continued to May 31, 2022 at 8:30 a.m.in Department 7 of this court. Case management conference is likewise continued to May 31, 2022 at 8:30 a.m. in Depa...

Excerpt: ...ward, LWDA payment and class certification for settlement purposes came on for hearing on April 26, 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 alternative address information for thos...

Excerpt: ...e of $3,104 in cash found in a black zippered back on the driver seat of a vehicle of a known drug dealer Alishia 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...

Excerpt: ...o quit for breach of covenants for material breach of the rental agreement based on violations of an occupation limit and no pets term. On March 8, 2022, Plaintiff filed this complaint. On March 22, 2022, the Court ordered Plaintiff to be permitted to serve Defendant Julie Musgrave by posting and mailing. However, on March 23, 2022, a proof of service filed indicates Defendant was served personally with the summons and complaint. On April 1, 2022...

Excerpt: ... subcontractors to develop and/or construct the homes. Per their subcontracts, the subcontractors were required to name Centex as an additional insured on their general liability policies of insurance. Centex brings this motion for leave to file an amended cross‐complaint to name an additional four subcontractor insurance carriers, add subcontractor insurance policies issued by existing parties, and the correction of minor errors such as incorr...

Excerpt: ...ies 1, 2, 3, 4 and 14 only of the enumerated list on page 14 of the motion. The Court will further permit document production prior to the depositions. Sinclair shall produce documents responsive to Nos. 53, 58, 59, 60 and 61. Platt shall produce documents responsive to Nos. 53, 56, 58, 59. However, all production shall be limited to the period of time from January 1, 2019 through July 31, 2020. Facts On May 23, 2021, Plaintiff/Cross ‐Defendant...

Excerpt: ...sult, moot. This case arises from plaintiff/cross‐defendant Central Valley Resource Recovery, LLC's (CVRR) breach of contract action against the City of Tulare (City) concerning CVRR's March 2015 contract with the City for removal of biosolids from the City's wastewater treatment plant. The City has cross‐complained against CVRR and third‐parties Patrick McLafferty and Hydros Agritech Inc. (Hydros) alleging various claims sounding in fraud ...

Excerpt: ...duty 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 Plaints; 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 June 23, 2022; 8:30 am; D1. To sustain the demurrer with leave to amend as to the third cause of action for vi...

Excerpt: ...d Defendant with a “Three Day Notice to Pay Rent or Quit” (the “Notice”) for rent due October 1, 2021 through March 31, 2022. The Notice demands a total of 5,200.00 in past due rent. The Notice states: “$1,300 for Jan, Feb, March 2022 [¶] Possibly fo [sic] April 2022 1,300 [¶] so total of $5,200.” (Complaint – Exhibit 2.) On April 4, 2022, Plaintiff filed the complaint. On April 7, 2022, Defendant Genaro Tablas was served with the...

Excerpt: ...ipulation, Defendant hereby waives any and all requirements for a Motion for Entry of Judgment on this Stipulation;” and “11. The parties agree that upon execution and return of the Stipulation along with the first payment due under the monthly payment plan, Plaintiff shall file a conditional notice of settlement or dismissal of the action. If a dismissal of the action is to be filed, the parties agree that the Court shall retain jurisdiction...

Excerpt: ...n file with the Court. The hearing on this matter is continued to June 23, 2022; 8:30 am; D1. Case management conference is likewise continued to June 23, 2022; 8:30 am; D1. 1. Sufficiency of Amount of Settlement (Net Estimated: $1,170,833.33) The gross settlement amount is $1,850,000.00 Plaintiffs estimate approximately 612 proposed Class Members with an average payment of approximately $1,800.00. The Class Members consist of: “current and for...

Excerpt: ...ff calendar. 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 April 14, 2022. On September 17, 2022, the settlement administrator, Simpluris, Inc., received a mailing list of 1,758 potential class members from Defendant's counsel with names, contact information, social security numbers and releva...

Excerpt: ...l termination, negligent infliction of emotional distress, intentional infliction of emotional distress and for declaratory relief. Plaintiff filed this case on December 8, 2021 against Defendant Porterville Unified School District. Plaintiff filed a proof of service indicating that service of the summons, complaint and related required documents took place on December 14, 2021 at 11:15 am through personal service on “Arietta Ruiz – Administr...

Excerpt: ... negligence, negligent infliction of emotional distress and willful misconduct regarding the manner, method and person with whom Plaintiff's children were placed. The Court previously sustained a demurrer to the complaint for failure to plead compliance with the Government Tort Claims Act. Plaintiff, in the First Amended Complaint, now pleads, as to the compliance issue that: “On December 01, 2020 Daniella Trevino submitted a claim for one mill...

Excerpt: ...mon to All Motions This matter was originally two cases which have since been consolidated. The Plaintiff is the same in both cases and the cases share Defendant Theodore Jeske. On the first case, Case No. VCU284337, Plaintiff, on February 26, 2021, served Form Interrogatories, Set One, Special Interrogatories, Set One, and Requests for Production of Documents, Set One on Defendant Theodore Jeske through his counsel at that time Joseph M. Simoes....

Excerpt: ... or Quit with Blank Declaration of Covid‐19 Related Financial Distress (Rent Due September 1,2020 ‐ September 30, 2021.) This first notice was served January 28, 2022. The second notice is a “Notice to Pay Rent in 3‐Days or to Quit (Vacate) and Surrender Possession of the Premises in 30 Days (Covid‐19 Recovery Period for Rents due from October 1,2021 to March 31,2022; CARES ACT Premises.) This second notice was served January 28, 2022. ...

Excerpt: ...ffs' ex parte application for writ of possession. Plaintiffs applied for an ex parte writ of possession on November 5, 2021 and obtained an order for writ of possession and the writ of possession on November 9, 2021. On January 25, 2022, Defendant filed a motion for relief from entry of default, which this Court granted. Plaintiffs did not seize the gym equipment pursuant to the issued writ until February 26, 2022. Defendant filed this Motion to ...

Excerpt: ...ndebted to Plaintiff, that within the last four years, that Plaintiff lent Defendant money at Defendant's request and that the amount due is $26,924.80 (Complaint Page 3 CC‐1(a)(1),(2), CC‐1(b)(4),(5),(6), and CC‐4.) Defendant's Answer denies all allegations and sets forth a number of affirmative defenses. Plaintiff now files for summary judgment on its two causes of action. Plaintiff timely filed and served its papers in support of this mo...

Excerpt: ...valuation of Plaintiff Samreen Riaz arising out of her workers compensation claim. The causes of action in the Complaint include: (1) Medical Malpractice (Code Civ. Proc, § 340.5); (2) Unprofessional Conduct (Violation of Business and Professional Code); (3) Professional Negligence; (4) Fraud and Misrepresentation; (5) Civil RICO 18 U.S.C. § 1964; and (6) Vicarious Liability. Plaintiff seeks punitive damages and attorneys' fees. Defendant now d...

Excerpt: ...6, 2022. (Therefore, both summary judgment motions will be heard on May 16, 2022.) Facts In its Second Amended Complaint, Plaintiff alleges defendants Koetsier, Rodriguez and Villegas failed to provide necessary insurance coverage. The Second Amended Complaint also added Doe Defendants Hooper, Spuhelr & Sturgeon Insurance Services, Hooper and Muller. The period for regular discovery closed on October 28, 2021 with expert disclosures and discovery...

Excerpt: ...n accompanying the motion for set two is unsigned and undated. As to set one, on January 14, 2022, Petitioner Angelica Davis timely served Request for Admissions, Set One, Numbers 1 through 13 on Respondent Roy Benavides, Jr, via United States Mail to his home address, 32745 Grand View Street, Visalia, California 93291, which is the address listed on his objection filed in this matter. Responses were due February 18, 2022 as to both sets. Petitio...

Excerpt: ...x‐parte motion filed in VCL 196905 will be heard in D1. Facts Plaintiffs Marie Soto and David Weinberger filed this action for battery, assault, negligent, and IIED on June 25, 2021 against Defendants Aurelia Rocha, Ernest Rocha, Melissa Castro and Christopher Castro. A notice of related case was filed June 25, 2021 and again on January 27, 2022 indicating Case No. VCL 196905 involve the same parties and is based on the same of similar claims a...

Excerpt: ...lass action and PAGA settlement, attorneys' fees, costs, enhancement award, LWDA payment and class certification for settlement purposes came on for hearing on March 24, 2022. Between November 8, 2021 and November 16, 2021, the settlement administrator, Phoenix Settlement Administrators, received three data files containing 2,998 names, contact information, social security numbers and relevant employment information of class members. On November ...

Excerpt: ...021, Defendant served a subpoena on Synchrony of Visalia for Plaintiff's medical records. Synchrony refused to produce any records without a signed HIPAA authorization from Plaintiff. Plaintiff, however, refuses to sign the authorization. Authority and Analysis Code of Civil Procedure section 1987.1, subdivision (a) provides: “If a subpoena requires the attendance of a witness or the production of books, documents, or other things before a cour...

Excerpt: ...nd water tank, from interfering by constructing a fence to prevent access to the trees and to remove a chain link fence erected, with the posts to remain. Plaintiff's Verified Complaint seeks to establish, relevant to this Motion, a prescriptive easement and adverse possession claims related to a single row of 60‐year‐old olive trees, a water tank and a well (“Subject Area.”) Plaintiff's declaration indicates she is the current owner of 2...

Excerpt: ...greed he was indebted to Plaintiff, that within the last four years Plaintiff lent Defendant money at Defendant's request, and that the amount due is $5,175.35 (Complaint Page 3(a)(1),(2) and (b)(4)(5).) Defendant's Answer admits all allegations. Plaintiff states that counsel attempted to contact Defendant regarding this Motion in accordance with Code of Civil Procedure section 439(a). “Before filing a motion for judgment on the pleadings pursu...

Excerpt: ... Meyers and notes “Defendant was the previous owner of the subject Property and not a tenant or sub‐tenant” (Complaint ¶5.) While Plaintiff names Does 1 through 10, there are no allegations as to any Doe Defendants as tenants of the Subject Property. Plaintiff, on February 9, 2022, served a written “Three and Ninety Day Notice to Quit” providing three days to quit and deliver possession as former owner and 90 days to a “tenant pursua...

Excerpt: ...sor Trustee of the Margo M. Tressler Revocable Living Trust, issued a subpoena duces tecum for the appearance of Adult Protective Services (“APS”) social worker Jennifer Rodriguez at the evidentiary hearing and for Ms. Rodriguez to produce APS records at the hearing. Petitioner Tulare County moves ex parte to quash the subpoena on grounds that APS records, as well as the identity of a reporting party, are confidential and remain confidential ...

Excerpt: ...utions and Dynamic Integrated Systems Solutions Corp. filed and served, as to each Defendant, the following, in support of his request to withdraw as counsel: (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, Counsel Kadin has filed proofs of ser...

Excerpt: ...GA settlement, attorneys' fees, costs, enhancement award, LWDA payment and class certification for settlement purposes came on for hearing on March 17, 2022. On October 22, 2021, the settlement administrator, Phoenix Settlement Administrators, received a data file containing 117 potential class members from Defendant's counsel with names, contact information, social security numbers and relevant employment information. On December 15, 2021, the a...

Excerpt: ...number of subcontractors. Cross‐Defendant Hornsby has filed a Motion for good faith settlement under Code of Civil Procedure section 877.6(a)(1). Cross‐Defendant Hornsby performed framing, drywall/sheetrock, concrete foundation and/or concrete flatwork for 67 homes at issue in this case. This settlement was reached during mediation with the special master. This settlement appears to be the fruit of arms‐length negotiations between the Cross...

Excerpt: ... was indebted to Plaintiff, that within the last four years, Plaintiff lent Defendant money at Defendant's request and that the amount due is $10,534.42 (Complaint Page 3(a)(1),(2) and (b)(4)(5).) Defendant's Answer admits all allegations. Plaintiff states that counsel attempted to contact Defendant regarding this Motion in accordance with Code of Civil Procedure section 439(a). “Before filing a motion for judgment on the pleadings pursuant to ...

Excerpt: ...�Corporation”), by Petitioner Jesus Zamora, as follows: “stock certificate book, a stock register, a journal showing its business transactions, ledgers into which the transactions are posted, and a record of the meetings of the board of directors, minutes from shareholder meetings, minutes from Board of Director Meetings, ledgers and/or journals reflecting ownership of shares, notices of meetings, actions taken by written consent of the Corpo...

Excerpt: ...dant, that Defendant used to make transactions, received periodic billing statements, that Defendant defaulted on the account after making a payment on February 3, 2020 and that the balance charge off amount was $12,527.33. (Complaint ¶6, 7, 8, 16, 18, 20, 22, 23, 24, 26.) Defendant's Answer admits all allegations. Plaintiff states that counsel attempted to contact Defendant regarding this Motion in accordance with Code of Civil Procedure sectio...

Excerpt: ...on, harassment/hostile work environment, failure to prevent discrimination, retaliation and for declaratory relief arising out of her former employment with Defendant Proteus. Plaintiff alleges she was hired around 2015 as a program development associate. (FAC ¶9.) Plaintiff alleges she was granted protected Family Medical Leave Act leave of absence from approximately 12/2020 through 2/2021. (FAC ¶10.) While on leave, Plaintiff alleges that “...

Excerpt: .... Plaintiff was referred to Needham by her psychiatrist. Plaintiff has sued Needham and a number of entities related to Kaweah Delta (“Kaweah Defendants.”) for professional negligence (first cause of action), intentional infliction of emotional distress (second cause of action), battery (third cause of action), sexual battery (fourth cause of action), sexual conduct by a therapist (fifth cause of action), breach of fiduciary duty (sixth cause...

Excerpt: ...s Motion is Defendants' request to conduct a second medical examination after Plaintiff underwent “spinal cord simulator trial” surgery after the initial medical examination. Plaintiff alleges the injury occurred June 15, 2019. Plaintiff filed this matter April 24, 2020. Plaintiff has been diagnosed with Complex Regional Pain Syndrome (CRPS), and as a result allegedly suffers from daily and constant pain throughout her body, specifically on h...

Excerpt: ...section of Inyo and South “E” Street in Tulare County involving disputed liability over which driver ran the red light. At issue presently is the inadvertent failure of Defendant's counsel to file Defendant's cross‐complaint with Defendant's answer. Defendant is represented through her insurance carrier in defense of this lawsuit and separate counsel on her proposed cross‐complaint. Plaintiff filed this lawsuit on August 18, 2021. Defenda...

Excerpt: ...ass action and PAGA settlement, attorneys' fees, costs, enhancement award, LWDA payment and class certification for settlement purposes came on for hearing on March 10, 2022. Between July 26, 2021 and August 17, 2021, the settlement administrator, Phoenix Settlement Administrators received a mailing list of 417 potential class members from Defendant's counsel with names, contact information, social security numbers and relevant employment informa...

Excerpt: ... high school where she was taught by Garrett Weese, a former employee of Defendant Visalia Unified School District (“Defendant District” or “District”) Plaintiff brings this action against District for (1) sexual harassment under Civil Code sections 51.9 and 52; (2) breach of mandatory duty under Education Code sections 200 and 201; (3) negligent supervision and retention; (4) breach of mandatory duty: failure to report suspected child ab...