Excerpt: ...lo o r in f ill p r o je c t . Kaweah alleges claims for breach of contract and professional negligence. The basis of the claims is that Christiansen omitted certain required fire safety implements in project design plans. Ch r is t ia n s e n c r o s s -complains against Kaweah, contending the California Building Code, as constituted when he submitted his designs, did not require the fire safety implements Kaweah alleges were omitted. Christians...

Excerpt: ...and correct copy of the settlement agreement. The Court continued the matter to this date. On March 26, 2024, an amended motion filed that attaches the settlement agreement. The Court , t he re fore , rule s as follows: 1. Sufficiency of Amount of Settlement (Proposed Net Distribution to Employees: $15,330.75) The gross settlement amount is $147,860. Plaintiff estimates approximately 245 aggrieved employees, consisting of “all current and forme...

Excerpt: ...t amended complaint alleges that Golden State “was and is legally responsible in some manner for the events, happenings, and/ or tortious and unlawful conduct that caused the injuries and damages alleged in this Complaint” and “provide d child we lfare , child prote ct ive and childcare se rvice s t o Plaint iff by contracting with COUNTY and/ or otherwise undertaking such foster care services to children who needed them, inc lu d in g P la...

Excerpt: ... g a cause of action for medical malpractice on behalf of Michael Rice and a claim for loss of consortium on behalf of Martha Rice against defendants, including moving p a r t y Tu -H i H o n g, M .D . (UMF N o . 1 , 1 4 ) Plaintiffs generally allege that Dr. Hong was negligent and failed to provide informed consent in connection with a shockwave lithotripsy procedure performed by Dr. Hong at Kaweah Delta Medical Center on February 18, 2022. (UMF...

Excerpt: ...LSE 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 held 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 April 15, 2019. The...

Excerpt: ...lder abuse, neglect of elder, Penal Code section 496, conversion, intentional infliction of emotional distress, breach of fiduciary duty, negligence, fraudulent transfer and claim and delivery . On March 19, 2024, Plaintiffs filed for a temporary protective order on an ex parte basis as well as a right to attach order and order for issuance of writ of attachment on a noticed hearing. The Court set the ex parte temporary protective order for this ...

Excerpt: ... 31 -401 et seq.; and as to any duty arising under the CANRA, and, as to all other issues of duty raised by the plaintiff's complaint, is denied. The Court has not considered the additional evidence submitted by County's in its reply. San Diego Watercraft v. Wells Fargo Bank (2002) 102 Cal. App 4 th 310 In this action plaintiff alleges negligence, on the part of the County of Tulare (County) in one cause of action, and on the part of Koinonia Fos...

Excerpt: ... as to wrongful eviction as to Defendant Rogers . Fact s Plaintiff filed this matter September 25, 2023. Plaintiff's causes of action are stated as intentional tort and wrongful eviction, which appears to further allege conversion of Plaintiff's personal property . Plaintiff alleges the following : “ON OR ABOUT 09/24/2021, DEFENDANTS AND EACH OF THEM, WRONGFULLY EVICITED PLAINTIFF FROM HER PROPERTY LOCATED AT 33111 ROAD 160, IVANHOE, CALOFRNIA ...

Excerpt: ...echanic's lien claimant, on July 12, 2023 in Case No. VCU304838, In the Matter o f B o s m a n D a i r y , LLC . This petition was filed expressly under Civil Code section 8480 and was initially set for February 14, 2024. Respondent, prior to the filing of the petition at issue here, filed a complaint for foreclosure of the July 12, 2023 mechanic's lien, amongst other causes of action, in Case No. VCU302514 - R P C o n s t r u c t i o n S e r v i...

Excerpt: ...or penalties under Labor Code sections 210, 226.3, 558, 1174.5, 1179.1 and 2699 against Defendants Best Buy Warehousing Lo g i s t i c s , LLC , B e s t B uy Stores, L.P., and Jesus Vargas . On April 4, 2023, Defendants filed a motion to compel arbitration and stay this matter . On May 9, 2023, the Court, pursuant to the arbitration policy presented by Defendants and Vikin g Rive r Cruises, Inc. v. Moriana (2022) 142 S.Ct. 1906, ordered Plaintiff...

Excerpt: ...s otherwise indicated, are undisputed . On or around August 2021, Plaintiff Ms. Godinez (“Plaintiff” or “Ms. Godinez”) started working as a cashier in the Visalia store. (UMF No. 1. ) W a lm a r t s t a t e s t h a t it s Vis a lia s t o r e r e q u ir e d c a s h ie r s t o c h e c k id e n t if ic a t io n o n a ll alcohol purchases. (UMF No. 2.) Walmart also states that its written policy entitled “Selling Alcohol & Tobacco Products ...

Excerpt: ... 9, 2021 while attending classes at Milan's campus in Visalia. P la in t if f a lle g e s t h a t w h ile w a lkin g t o h e r v e h ic le in t h e p a r kin g lo t , P la in t if f stepped into an empty planter bed, rolled her ankle, and fell due to a hazard posed by exposed, unguarded irrigation equipment. Plaintiff alleged a single cause o f a c t io n f o r p r e m is e s lia b ilit y . P la in t if f n o w s e e ks t o f ile a n a m e n d e ...

Excerpt: ...endants Blue Moon, Gorzeman and Lanell; Plaintiffs shall have ten (10) days to file an amended complaint as indicated herein; (2) To deny the motion to strike as to Nos. 1, 2 and 3; To grant the motion to strike as to Nos. 4 and 5, with leave to amend. Plaintiffs shall have ten (10) days to file an amended complaint as to the punitive damages issue . Facts Common to (1) and (2 ) Plaintiffs are the surviving son and wife of Decedent Jorge Gonzalez...

Excerpt: ... the tentative decision, you may notify the court by email to [email protected]. Please include the hearing date, the case name and case number in the message. You must include all counsel and self -represented parties on your message. The court will not respond to your email. Do not use this email address for any other purpose without the court's express permission. Do not include the court in any email communications between cou...

Excerpt: ...a PMQ witness as to Categories 1- 4, 7 and 10. Plaintiff sought to schedule a mutually convenient date for the agreed upon deposition, but Defendant apparently failed to respond with available dates. Plaintiff now brings this motion to compel GM's production of a witness as agreed upon above and to hold the deposition within ten (10) days. In opposition, GM seeks to support its objections to the other categories for which it did not agree to prod...

Excerpt: ... t h is p u t a t iv e c la s s a c t io n o n D e c e m b e r 1 4 , 2020. Ultimately, the Parties conducted two mediation sessions with Jeffrey Krivis on March 30, 2023 and on May 16, 2023. The mediations covered the instant class action, a related class action, and six additional California Labor Code Private Attorneys General Act (“PAGA”) actions (together, the “Actions”): • Lu c i Gille s p ie v . Fla x H o ld in g s , LLC d / b / a...

Excerpt: ...efendant County s hall file an answer no later than ten (10) days from the date of this hearing. (1 ) D e m u r r e r Fa ct s The general allegations of the Second Amended Complaint (“SAC”) are consistent with the Court's prior rulings on and review thereof, too numerous to set forth in significant detail here. The Court notes that Plaintiffs are employees or former employees of the Defendant County of Tulare, having worked in their probation...

Excerpt: ...rit of mandate November 13, 2023. P e t it io n e r 's p e t it io n s e e ks r e v ie w o f t h e D e n t a l Bo a r d o f Ca lif o r n ia 's d e c is io n s a s to the ordering of a Business and Professions Code section 820 examination and the eventual suspension of Petitioner's license to practice dentistry. Respondent D e n t a l Bo a r d o f Ca lif o r n ia is a p o lit ic a l s u b d iv is io n o f t h e St a t e o f Ca lif o r n ia , organ...

Excerpt: ...as bitten by a dog owned by Defendant/ Cross - Defendant Gina Enriquez and Cross -Defendant Jesse Enriquez. The Enriquez parties and subject dog lived in a rental home at the time owned by former Defendants Norman Faucett and Martha Faucett, who have settled out of this case via a motion for good faith settlement . As to the moving Defendants and Cross -Complainants Southern California Edison and SCC Enterprises, the complaint alleges that they �...

Excerpt: ...MF”) Nos. 1, 9. ) Pursuant to the direction of Defendant, Plaintiff disbursed the loan/ financed amount to Defendant by check, to Defendant's designated bank account or to a third party designee. (UMF Nos. 2, 10. ) Defendant agreed to be bound by the terms and conditions set forth in the Loan Agreement and, among other promises, promised to pay to Plaintiff the principal amount advanced and/ or financed along with the interest rate disclosed in...

Excerpt: ...idential property located at 4954 Ave 308 Visalia, CA, 93291 (“Subject Property”) and was purportedly served on Defendants Miguel Abilia, Candida Alvarez and moving party Defendant Edgar Hernandez, in addition to all other occupants, by substitute service and mail on “Male over age 18 inside residence.” The proof of services are completed by a registered process server . On February 21, 2024, default and default judgment were entered for ...

Excerpt: ...LWDA payment and class certification for settlement purposes came on for hearing on March 5, 2024. The Court finds and rules as follows: On February 8, 2024, the settlement administrator Phoenix, through its Case Manager, filed a declaration detailing the following events. On October 2, 2023, the administrator received a mailing list of 230 potential class members from Defendant's counsel with names, contact information, social security numbers a...

Excerpt: ...024, Plaintiff filed this motion for an order deeming the complaint filed August 11, 2023, nunc pro tunc . Plaintiff's counsel indicates that its office, on August 11, 2023, submitted the following documents to its e -filing provider: Request to Waive Court Fees FW - 0 0 1 ; Orde r on Court Fe e W aive r FW -003; Civil Case Cover Sheet; Summons; Co m p la in t – Personal Injur y, Prope rt y Damage , W rongful De at h PLD -PI -001, Cause of Acti...

Excerpt: ...) To grant the unopposed motion and order responses, without objections, no later than thirty (30) days from the date of this hearing; (4) To grant the unopposed motion and deem the Requests for Admissions, Set One, Nos. 1 through 40 admitted; to impose sanctions of $940 in favor of Cross - Defendant Zumalt and against Cross -Complainant Christiansen and counsel of record, jointly and severally, payable no later than thirty (30) days from the dat...

Excerpt: ...of care, Nelson also argues that Plaintiff f ailed to comply with the one -year statute of limitations under Code of Civil Procedure section 340.5 and cannot rely on section 474 as to naming of a Doe Defendant . Material Fact s On March 24, 2022, Plaintiff filed her complaint for a single count of negligence against a number of Defendants but did not name Nelson as a Defendant. (UMF No . 1 2 .) Plaintiff first presented to Defendant Nelson for tr...