Excerpt: ...f of service as to Defendant 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. 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 Pakcing, Inc. filed on ...

Excerpt: ...panish. (Complaint ¶¶2, 3, 4.) Defendant Ken Horn is the Principal and Superintendent of Defendant Sequoia Union Elementary School. (Complaint ¶7.) Plaintiff pleads two causes of action: 1) Violations of the Confidentiality of Medical Information Act as codified within California Civil Code § 56.20(b) and 2) Violations of the Confidentiality of Medical Information Act as codified within California Civil Code § 56.20(c). On September 7, 2021,...

Excerpt: ...Mitigation/Early Childhood Director” for the Tulare City School District. (Complaint ¶3.) Defendant Ira Porchia's job title is “Director of Child Safety.” (Complaint ¶4.) Philip Pierschbacker's job title is “Assistant Superintendent of Personnel” (Complaint ¶5.) Plaintiff pleads two causes of action: 1) Violations of the Confidentiality of Medical Information Act as codified within California Civil Code § 56.20(b) and 2) Violations ...

Excerpt: ... Court because, upon information and belief, Defendants reside, transact business, or have offices in this county, and the acts and omissions alleged herein took place in this county” (FAC ¶9.) “Defendants employed Plaintiff and other California residents as non‐exempt employees throughout California at Defendants' California business location(s)” and “Defendants continue to employ non‐ exempt employees within California.” (FAC ¶ ...

Excerpt: ...o and Eric Miller entered into year‐long tenancy with $1,750 due per month. (Complaint ¶5 – Ex. 1.) The lease after expiration of the year became month to month. (Complaint ¶5 – Ex. 1.) On September 20, 2022, Plaintiff caused a three‐day notice to pay rent or quit (“Notice”) to be served on Defendants by posting and mailing. (Complaint ¶7 – Ex. 3.) The Notice states rent due in the amount of $12,355 consisting of $1,750 per month...

Excerpt: ...olves allegations that Plaintiff and decedent, Alfonso Elizondo, entered into an oral agreement to purchase 10246 Avenue 388, Dinuba, California (the “Subject Property”) in 2006, that Plaintiff and her family resided at the Subject Property since 2006, and were was financially responsible for the Subject Property, paying all property taxes, trash/water, utility payments and maintenance. Alfonso passed away and his son, Defendant Jason Elizond...

Excerpt: ...ivil Procedure Section 526a to Restrain Waste and Illegal Expenditure of Funds), (8) Violation of Bane Act under Civil Code section 52.1, (14) Penal Code 646.9, (15) “Ralph Civil Rights Act” (Civil Code section 51.7) (16) False Imprisonment (FAC ¶958), (17) Assault (FAC ¶959); To sustain the demurrer without leave to amend as to the individual defendants (Jason Salazar, Sergio Pineda, Marisa Burkdoll, Nathan Berry, Nicholas Fistolera, Luma ...

Excerpt: ...arties may appear in any manner. Facts In this unlawful detainer matter involving residential property located at 1425 S Central St. Ap #4, Visalia, CA 93277, the Court held trial on October 17, 2022, granted judgment for possession for Plaintiff after trial, cancelled the rental agreement, issued the writ immediately, and awarded $1,456.40 to Plaintiff. Defendant Cox did not appear at trial. Defendant Cox, on October 27, 2022, filed this ex part...

Excerpt: ...ity 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, LLC are alleged to be the licensee, owner operator, a skilled nursing facility, and/or a intermediate care facility within the meaning of Health and Safety Code section 1250. Defendant Terri Tate served as the director for the facility and/or had custodial obligati...

Excerpt: ...ment of approximately $8.86. The Class Members consist of: “all non‐exempt employees employed by Grapes FLC from January 1, 2018 through June 30, 2022..” Plaintiff alleges Defendant (1) failed to pay minimum wages for all hours worked; 2) failed to pay overtime wages for all hours worked including for the time associated with washing grape trays; 3) failed to provide lawful meal periods; 4) failed to provide lawful rest periods; 5) failed t...

Excerpt: ...h settlement as to their lability. The complaint alleges one count of negligence involving a dog attack in March 2021. Plaintiff is the guardian ad litem of the injured minor child who was playing outside his grandmother's house. The dog at issue was owned by Jesse Enriquez and Defendant Gina Enriquez, who lived nearby in a rental house owned by Norman and Martha Faucett. Defendant SCC is alleged to have removed sections of a fence and failed to ...

Excerpt: ...nd the motions to strike [(2), (4) and (7)] moot by the Court's ruling on demurrer. 1. Facts Common to All Motions Plaintiff filed a complaint on May 5, 2022. Plaintiff filed a first amended complaint on August 25, 2022. Although the Court sustained a demurrer by Dr. Benjamin that did not provide leave to amend as to a number of causes of action, Plaintiff's amended complaint pled, again, every cause of action from the initial complaint as follow...

Excerpt: ...(Complaint ¶ 6.) On September 1, 2022, it appears Plaintiff served a “notice” indicating that Defendant was behind on the rent for a total of four months in the amount of $2,800. The document fails to identify what months for which rent is due, does not provide an opportunity to cure and simply seeks that Defendant vacate the premises. On September 20, 2022, a document entitled “5 Day Notice” indicates “This is your 3 day eviction noti...

Excerpt: ...edure section 382…” are “Tulare County Sheriffs Department.” The complaint alleges general negligence and intentional tort and alleges compliance with the applicable claims statute. An unstamped liability claim report attached to the complaint and addressed to the Risk Management of the Defendant City of Visalia indicates an incident date of “3‐26‐22” and the date of the claim as June 28, 2022. The City brings this demurrer for fa...

Excerpt: ...t notes that Cross‐Complainants Bob Denney and Joetta Denney have dismissed the cross‐complaint that is the subject of this special motion to strike. The Court notes that Cross‐Defendants requested fees and provided a supporting declaration within their special motion to strike. The threshold issue, therefore, is whether the dismissal renders the special motion to strike moot and whether attorneys' fees may be awarded to Cross‐Defendants....

Excerpt: ... was returned June 16, 2022, indicating that Plaintiff was placed in quiet and peaceful possession of the premises on June 15, 2022. On July 25, 2022, Defendant filed an ex parte motion for relief from default judgment. On July 26, 2022, this Court denied the motion. On October 17, 2022, Defendant filed an ex parte motion again for relief from default and to stay the eviction. In support, Defendant states she did not receive the summons and compl...

Excerpt: ...rney'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 as to Plaintiff by mail and electronic mail on Plaintiff and Defendant's counsel. The Court notes an objection to this motion by both Plaintiff herself and Defendant. Plaintiff indicates she is not available for the October 18, 2022 hearing and tha...

Excerpt: ...collision wherein Defendant Clinton, operating Defendant City of Tulare's police vehicle, ran into the front of Plaintiff's vehicle. Defendants noticed Plaintiff's deposition for August 22, 2022 and confirmed it would go forward. However, Plaintiff's counsel indicated they “could not guarantee their client would appear…” While counsel for Defendants and counsel for Plaintiff attended the deposition, Plaintiff failed to appear. After twenty ...

Excerpt: ... service indicating personal service on Defendant Arteaga occurred on September 30, 2022. On October 10, 2022, default judgment was entered and the writ of possession was issued. On October 12, 2022, Defendant file this ex parte motion to vacate the default judgment. Defendant states that service of the summons and complaint lacked forms UD‐105, FW00‐1, FW00‐3 and Defendant therefore needed extra time to get the forms and respond. Additiona...

Excerpt: ...mones. Petitioner now brings a petition to approve the compromise of a settlement offer to the minor child in this case. According to the Petition, on February 21, 2020, the minor child was walking or jogging northbound on Prospect Street when Defendant entered the crosswalk and struck the minor child as she was crossing. (Petition at 6) The minor suffered pain to her left arm, left shoulder, abdomen, chest and back. (Petition at 7.) She was take...

Excerpt: ... Members, providing an estimated average payout of $241.35 per member. The Class Members consist of: “All current and former non‐exempt employees of Defendant Gutierrez FLC, Inc. in California who worked at least one shift performing work for Defendant WesPak, Inc. at any time during the period of January 1, 2019 to September 2, 2022.” Plaintiff primarily alleged the following violations: (1) minimum wage violations (2) failure to pay all o...

Excerpt: ... (2) This complaint alleges one count of negligence involving a dog attack in March 2021. Plaintiff is the guardian ad litem of the injured minor child who was playing outside his grandmother's house. The dog at issue was owned by Jesse Enriquez and Defendant Gina Enriquez, who lived nearby in a rental house (the “Floral Property.”) The minor child is the cousin of Defendant Gina Enriquez and the minor's grandmother is the aunt of Defendant G...

Excerpt: ... per, filed a complaint on July 6, 2022 for against Defendant Visalia Police Department and “joined under Code of Civil Procedure section 382…” are “Tulare County Sheriffs Department.” The complaint alleges general negligence and intentional tort and alleges compliance with the applicable claims statute. An unstamped liability claim report attached to the complaint and addressed to the Clerk of the Board of Supervisors indicates an inci...

Excerpt: ...., #2, Visalia, CA 93277 (“Subject Property”) based upon a ninety‐day notice for cause under substantial remodel of the Subject Property pursuant to Civil Code section 1946.2(2)(D)(i). On September 7, 2022 the complaint was filed. On September 12, 2022, Plaintiff filed a proof of service indicating personal service on Defendant Noyola occurred on September 10, 2022. On September 21, 2022, default judgment, for possession only, was entered. ...

Excerpt: ...r, as noted below, the Court's final determination on this issue must be made after permitting presentation of additional evidence at the hearing pursuant to Code of Civil Procedure section 946.6(e); (2) To sustain the demurrer without leave to amend; (3) To deny the motion to amend. (1) Plaintiff's Petition for Leave from the Government Tort Claims Act Facts Plaintiff alleges various dates of alleged compliance with the Tort Claims Act that are ...