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

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

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

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

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

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

Excerpt: ...s, the motion to strike is moot based on the ruling on demurrer. Facts This case arises from Charles Hardiman's (“Decedent”) death while a patient/resident at Defendant Sun Villaidence Opco, LLC dba Sequoia Transitional Care's (“Sun”) skilled nursing facility located at 350 North Villa Street (the “Facility.”) Plaintiffs are the heirs and successors in interest to Decedent. Defendant Sun and Defendant Providence Group of California, L...

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

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

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

Excerpt: ...s, the motion to strike is moot based on the ruling on demurrer. Facts This case arises from Charles Hardiman's (“Decedent”) death while a patient/resident at Defendant Sun Villaidence Opco, LLC dba Sequoia Transitional Care's (“Sun”) skilled nursing facility located at 350 North Villa Street (the “Facility.”) Plaintiffs are the heirs and successors in interest to Decedent. Defendant Sun and Defendant Providence Group of California, L...

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

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

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

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

Excerpt: ...r final approval of class action and PAGA settlement, attorneys' fees, costs, enhancement award, LWDA payment and class certification for settlement purposes came on for hearing on June 21, 2022. The court finds and rules as follows: Escalator Clause Issue Defendant objects to Plaintiff's motion for final approval because it seeks a gross settlement amount increased from $900,000 to $1,098,872.35, based upon Section 16 of the January 13, 2022 set...

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

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

Excerpt: ...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: ...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: ... 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...