Excerpt: ...5, 2023, Plaintiff filed a notice of conditional settlement of this matter, and set an intended dismissal request date for May 1, 2024. This matter has not been dismissed . On April 2, 2024, Plaintiff filed a motion to enforce settlement pursuant to Code of Civil Procedure section 664.6 . On September 25, 2023, Plaintiff and Defendants (“the Parties”) entered into a valid and binding Confidential Settlement Agreement and Release of All Claims...

Excerpt: ...Property was untenantable because of the failure of Defendants, and each of them, to repair conditions of the Property which have rendered it untenantable pursuant to Code of Civil Procedure Section 1941.1 and substandard pursuant to Health and Safety Code Section 17920.3 and 17980. (Co m p la in t ¶ 7 .) P la in t if f a lle g e s f a ilu r e t o p r o v id e a h a b it a b le d w e llin g , b r e a c h o f covenant of quiet enjoyment, private ...

Excerpt: ...e subject Cheverolet [sic] Vehicle #1 northbound on SR= -63 (Road 128) at approximately 40 mph when all of a sudden a horse entered the middle of the roadway toward the subject vehicle, which caused Mr. Ruela s to collide into the horse. At the scene, Martin Rojas (Defendant) was contacted by officer G. Robledo (ID NO. 019543) and stated to officer Robledo that he (Mr. Rojas) had horses in the corral where the subject horse came from. It is alleg...

Excerpt: ... various issues with the notice period, calculation of the lodestar, presently incurred costs, notice to the LWDA of the settlement. On March 29, 2024, Plaintiffs filed supplemental d e c la r a t io n in support of preliminary approval, which the Court will examine b e lo w . Cla s s N o t ic e Objections or opt out notices are now to be made within 60 days. The Court re gularly approve s not ice pe riods of 60 days or longe r. The class notice ...

Excerpt: ...is matter is set April 29, 2024. On April 12, 2024, Plaintiff filed a motion to file a first amended complaint. The h e a r in g d a t e f o r t h is m o t io n is s e t J u n e 4 , 2 0 2 4 . On April 15, 2024, Plaintiff filed this ex parte motion to shorten time to hear the motion for leave to amend prior to the trial date. The Court then set this motion for the present hearing date. The issue apparently stems from a disagreement as to jury inst...

Excerpt: ...l 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 23, 2024. The Court finds a n d r u le s a s f o llo w s : On Mach 29, 2024, the settlement administrator IYLM, through its Case Manager, filed a declaration detailing the following events. On December 29, 2023, the administrator received a mailing list of 157 potential class m...

Excerpt: ...�Es t a t e o f J u lio M o r e n o Va lle (D e c e a s e d )” (2 ) “F id e lin a Va lle Re y e s , in d iv id u a lly …” and (3) “Fidelina Valle Reyes…as representative of the Estate of Julio Moreno Valley.” The complaint alleges the Decedent died after striking a metal cable connected to p o s t s is a d im ly lit a r e a w h ile r id in g a n a ll -terrain vehicle. (Complaint at Page 4.) Plaintiffs allege the incident occurred at...

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: ... 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: ...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: ... 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: ...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: ...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: ... 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: ...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: ... 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: ...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: ... 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: ...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: ...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: ...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: ...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: ...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...

Excerpt: ...tion (3) To deny the motion (1 ) Plaintiff Beth Hart's Motion for Attorneys' Fees (for September 28, 2023 through November 16, 2023) Fa ct s On June 27, 2023, this Court granted a motion by Plaintiff for attorneys' fees as to the collection of the judgment in the amount of $7,996.25 in fees and $2,029.50 in costs. This prior motion, filed May 16, 2023 included fees up to May 10, 2023. Plaintiff thereafter filed a second motion for fees and costs ...

Excerpt: ...(“PAGA”) for violations of 1) unpaid wages, (2) unreimbursed expenses; (3) m e a l p e r io d v io lations, (4) rest period violations, (5) failure to pay all wages owed upon separation, (6) inaccurate wage statements, and (7) inaccurate records. The Court granted Defendants motion to compel arbitration as to the individual PAGA claims by Plaintiff and stayed the representative PAGA claims. The parties appear to have resolved this matter with...

Excerpt: ... 10 day notice to terminate tenancy . Defendant Garcia was served by substitute service on “JANE DOE (CO - O CCUP AN T, 2 0 YRS, FEM ALE, H ISP AN IC, 1 4 0 LBS, 5 '6 , BLACK H AIR, BRO W N EYES), CO OCCUPANT” on October 29, 2023, pursuant to the filed proof of se rvice . Se rvice was made by a re giste re d Californi a proce ss se rve r. On December 20, 2023, the Court entered default as to Defendant Garcia. After court trial, the Court ...

Excerpt: ...Credentialing” to produce the following: “1. Any and all DOCUMENTS, including statements of decision, findings, summaries, opinions, rulings, and/or minutes regarding any California Commission on Teacher Credentialing investigation and/or hearing regarding MICHAEL DONALD CARDOZA (DOB: 01/18/1949), who was licensed by the California Commission on Teacher Credentialing. 2. Any and all DOCUMENTS regarding any disciplinary action imposed on MICHA...

Excerpt: ...nt as to each of these moving defendants. Tate was initially named in the complaint, dismissed, and attempted to be readded to the complaint via the Doe Amendment under Code of Civil Procedure section 474. The Court found Plaintiffs did not lack “the requisite knowledge of his identity and liability at the time of filing the initial complaint when Plaintiff named Tate as a defendant initially.” Princewill was the admitting, treating and disch...

Excerpt: ...a's surviving children and spouse and bring two causes of action for wrongful death and for survival. Plaintiffs allege that Decedent was, on or about September 10, 2022, at the approximate hour of 9:10 p.m., crossing the street at East Springville Avenue and South Connor Street when Defendant Jason Malcom, operating a vehicle, struck Decedent as he was crossing the street after purchasing a bottle of vodka “which he would do every night from D...

Excerpt: ...epair facility on nine (9) different occasions. Plaintiff filed this lawsuit in December 2022, alleging violations of the Song-Beverly Act. The matter resolved for $90,447.18 via an accepted section 998 offer, plus recovery of attorneys' fees and costs pursuant to this noticed motion. Plaintiff argues that it engaged in atypical litigation activities including a motion to compel deposition of person most qualified, a motion to deem admissions adm...

Excerpt: ...embers, providing an estimated average payout of $837.25 per member. The Class Members consist of: All current and former non-exempt employees who worked for Delta View in California at any time from September 29, 2018 through October 17, 2023. The operative complaint alleges causes of action against Defendant Gregory O. Dias Dairy Farming, Inc. dba Delta View Farms (“Delta View” or “Defendant”) for violations of the California Labor Code...

Excerpt: ...oses came on for hearing on February 6, 2024. The court finds and rules as follows: On July 27, 2023, the settlement administrator, Apex Class Action, LLC, received a mailing list of 91 potential class members from Defendant's counsel with names, contact information, social security numbers and relevant employment information. On August 9, 2023, after the administrator processed the names through the National Change of Address Database and update...

Excerpt: ...he operative complaint failed to allege the requisite compliance because of two contradictory paragraphs: “12. Prior the initiation of this lawsuit, Plaintiff timely served tort claims in accordance with Government Code §§ 910 and 911.2.” “14. Plaintiff Destiny Lopez mailed claims for damages to the City of Visalia and the County of Tulare on October 6, 2021. Neither the City nor the County provided Plaintiff with a written response to th...

Excerpt: ...e County resulting in the deaths of plaintiff's wife, Elizabeth Montes Lopez Paola, and two young children, Jorge Arafat Alvarado Montes and Dorian Santino Alvarado Montes. In the initial complaint filed July 2, 2021, plaintiff sued Roberto Barron Vejar, the alleged driver of the vehicle involved in the accident; Adelmira Sanchez, who allegedly owned and entrusted the vehicle to Vejar; and fictitiously named “Doe” defendants “1 to 50.” On...

Excerpt: ...intiffs presented the Subject Vehicle to GM's authorized repair facility on four (4) different occasions. Plaintiff filed this lawsuit in August 2020, alleging violations of the Song-Beverly Act, breach of express and implied warranties and fraud by omission. The matter resolved for $17,500 (the approximate amount equivalent to a repurchase under the Act) plus recovery of attorneys' fees and costs pursuant to this noticed motion. Plaintiff notes ...

Excerpt: ...d the Subject Vehicle to GM's authorized repair facility on four (4) different occasions. Plaintiff filed this lawsuit in August 2020, alleging violations of the Song-Beverly Act, breach of express and implied warranties and fraud by omission. The matter resolved for $17,500 (the approximate amount equivalent to a repurchase under the Act) plus recovery of attorneys' fees and costs pursuant to this noticed motion. Plaintiff notes that it engaged ...

Excerpt: ...serve the amended answer and file a proof of service thereof pursuant to Code of Civil Procedure. (2) To grant the moton with leave to amend; Cross-complainant Ernestine shall have ten (10) days to file an amended cross-complaint addressing the issues noted below; Ernestine is further ordered to serve the amended cross-complaint and file a proof of service thereof pursuant to Code of Civil Procedure. (3) To grant the motion with leave to amend; C...

Excerpt: ...f Police of Visalia Police Department. The subpoena seeks documents produced on November 15, 2023 to Plaintiff as deposition offcer. The subpoena is directed to Defendant Fahoum personally. The subpoena seeks: "Any and All documents that refer to, relate to or reference the employment of Luma Fahoum with Visalia Police Department including but not limited to her personal file, payroll records, contract, agreements, emails, medical record, benefit...

Excerpt: ...ffirmative defense. Defendant seeks to compel arbitration based upon an arbitration agreement that appears to be part of Plaintiff's onboarding upon hiring. "On petition of a party to an arbitration agreement alleging the existence of a written agreement to arbitrate a controversy and that a party thereto refuses to arbitrate such controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines th...

Excerpt: ...but a different date of birth. (Complaint — Attachment.) Plaintiff alleges he tested positive for COVID-19 on July 20, 2022 and was sick for approximately 14 days. (Complaint — Attachment.) Plaintiff names the Deputy District Attorney, Kalina Laleva, as the sole defendant in this matter, alleging that Defendant Laleva, was the prosecuting attorney who caused the transfer to occur. (Complaint — Attachment.) Plaintiff's form complaint checks ...

Excerpt: ...fendant Karadjian indicating he was served with the summons, complaint and civil case cover sheet on June 1, 2022 at 1:51 pm at 480 N. Vermont Ave, Dinuba, CA and indicating a registered process served Defendant Karadjian. The Court also notes service by the same process server, at the same time and location, on Defendant Karadjian as the agent for service of process and corporate director of Defendant Gold Mountain Packing, Inc. filed on August ...