Excerpt: ...n June 14, 2023 as against named Defendant Jose Garcia. Personal service appears effective against Julie Musgrave #rsonally on June 15, 2023. This is a sixty day notice to quit claim. On June 27, 2023, moving party Julie Musgrave filed a prejudgment claim of right of possession and answered the complaint. On July 7, 2023, the Court sent Defendant Musgrave, at the address listed on her answer, 27598 Highway 99, a notice of trial to be held July 31...

Excerpt: ...Edwards." Personal service appears effective against "Sherman Edwards" on June 15, 2023. On June 23, 2023, moving party Sheriron Edwards filed a prejudgment claim of right of possession and answer listing "27598 HY 99" as his address. On July 7, 2023, the Court sent Sheriron Edwards, at the address listed on his answer, a notce of trial to be held July 31, 2023 8:30 am in Department 7. On July 31, 2023, the Court held trial and entered judgment i...

Excerpt: ...cated at 1475 Hillcrest Avenue, Tulare, California 93274 ("Subject Property.") (Complaint 93.) The Court notes this action is based on a three day notice to pay rent or quit. Defendant Rush could not, according to various declarations of diligence filed in this Court, be personally served with the summons and complaint. Thereafter, Plaintiff applied for and received an order from this Court to effectuate service via posting and mailing under Code...

Excerpt: ...r; Kaweah Health Medical Group; and Does 1 to 40. On June 2, 2023, Plaintiff obtained an order permitting the naming of Doe 1 as Thomas Maclennan, M.D. On June 12, 2023, Plaintiff filed an amended complaint naming Sierria View District Hospital, Sierra View Medical Center and, as Doe 1, Defendant Dr. Maclennan (collectively "Defendants." ) Plaintiff alleges negligent medical care occurred during his hospitalization in April 2017 (FAC 2,3.) Specif...

Excerpt: ...ontinued it to this date to permit supplemental filings addressing the sufficiency of the amount this matter resolved for, the calculation of attorneys' fees and submission of the settlement to the LWDA. On August 21, 2022, Counsel filed a supplemental declaration addressing these issues. 1. Sufficiency of Amount of Settlement (Net Estimated: $24,845) The starting settlement amount is $343,000. Defendant previously paid $93,000 paid in connection...

Excerpt: ...the County of Tulare and Does 1 through 25. The complaint alleges negligence on the County of Tulare for the sexual abuse suffered by Plaintiff during her childhood placement in foster care. On August 30, 2022, Plaintiff filed a Code of Civil Procedure section 827 petition to request her juvenile records from the Tulare County Juvenile Court. Said records were ultimately released by County of Tulare to Plaintiff on approximately November 5, 2022....

Excerpt: ...ging Plaintiff's interest in the property located at 1431 S. Crowe St. Visalia, CA 93277 ("Subject Property") is as "property manager for owner Sabina Hack" and attaches a purported authorization letter from 2021 that purportedly authorizes the named Plaintiff Katie Roepke-Brenner (as well as Elizabeth DiOrio) as property manager and to pursue eviction actions. The Court notes the attached written lease indicates that "Elziabeth DiOrio hereby lea...

Excerpt: ...iability and damages phases. The County generally states that justice would be promoted by separating liability and damages because a jury may be emotional and sympathetic to Plaintiff as it hears testimony as to damages. The County further generally states that the estimated length of trial of 7 days could be reduced because "the issue of liability should not take seven (7) days to establish and would require less witnesses. In contrast, the dam...

Excerpt: ...ate Defendants from statutory immunity and/or prevent application of the rule set forth in Fettgather as to compliance with the underlying Business and Professions Code section 820 order; (2) To grant the special moton to strike as to the causes of action for defamation, medical malpractice (as it relates to the sending of the small claims pleadings) discrimination (as it relates to the same), retaliation, fraud, breach of fiduciary duty, conspir...

Excerpt: ...rnia 93274 ("Subject Property"). (Complaint 93.) On July 28, 2023, Defendant Melissa Ann Carrasco filed a motion for relief from default and to stay execution of the writ. At the hearing on August 1, 2023, the Court noted Defendant shall pay $1,600 by August 2, 2023 at 10:00 am to Plaintiff's counsel and if payment is made, the lockout is extended to September 1, 2023. On August 15, 2023, Defendant filed this motion to vacate the default judgment...

Excerpt: ...in 2017, "in connecton with [Ramirez) becoming pregnant with [Gutierrez's) child," the parties entered an "express oral agreement to treat any earnings, income, and property acquired while they lived together, as jointly owned property." Gutierrez further alleges the parties agreed they would "account" to each other and "divide the proceeds equally" if they ended their relationship. Gutierrez's alleges that, incident to the parties' agreement, Ra...

Excerpt: ...tlement (Net Estimated: $24,845) The starting settlement amount is $343,000. Defendant previously paid $93,000 paid in connection with individual release claims via individual Pick-Up Stix agreements. Therefore, the gross settlement is $250,000. Plaintiff estimates approximately 250 to 275 proposed Class Members, prov-ding an estimated average payout of $90.34 per member. The Class Members consist of: "All current and former hourly-paid or non-ex...

Excerpt: ...auses of action. Plaintiff Mrs. Doe has alleged negligence against Sierra View and negligence and a number of intentional torts against Defendant Lopez as follows: 2. 3. 4. 5. 6. 7. 8. Negligence against Defendants Sierra View Medical Center ("Sierra View" and Leonardo Lopez ("Lopez"); Negligent supervision against Sierra View; Negligent hiring or retention against Sierra View; Intentional infliction of emotional distress against ü)pez•, Sexua...

Excerpt: ...int Magaly Cobain and agents of Ancillary Legal Corporation as the Special Process Server to submit the summons, complaint and related documents including a notice of related case, court order re: consolidation, statement of damages and translations of these documents to the Central Authority in Mexico as authorized by the Hague Convention. In support, Exhibit A is the affidavit of Magaly Cobain, who indicates employment as a staff attorney for A...

Excerpt: ...cating personal service occurred on July 20, 2023 on Defendant and moving party Huda Elhertani at the Subject Property. On July 31, 2023, this Court entered default against Defendant and on August 1, 2023, default judgment was entered and the writ of executon was issued. Judgment was entered for possession only. On August 8, 2023, Defendant Linda Wise filed these ex parte moton for relief from default judgment. In support, Defendant states: "I ta...

Excerpt: ...personally served on Defendant Luz E. Garcia and indicating that the Subject Property is not subject to the Tenant Protection Act ("TPA"). The Complaint alleges that the Subject Property is not subject to the TPA pursuant to Civil Code secton The lease commenced June 7, 2021. Defendant demurrers on four grounds: 2. 3. 4. The Complaint fails to allege the Subject Property is subject to the TPA; The Notce fails to identify any lease violations and ...

Excerpt: ...lving 27598 Highway 99 #1, Visalia, CA 93277 ("Subject Property") was filed on June 14, 2023, as against Defendant Juan Garcia. On June 29, 2023, moving party Issac Sotelo, Jr. filed a prejudgment claim of right of possession and answer listing "27598 Highway 99 Apt A" as his address. On July 11, 2023, the Court sent Defendant Sotelo Jr, at the address listed on his answer, a notice of trial to be held August 2, 2023 8:30 am in Department 7. On A...

Excerpt: ...ment of Consumer Affairs, the State of California, the Department of Justice, and various individuals associated with these entities, amongst others. On June 26, 2023, the Defendants described above filed a demurrer and set the hearing for August 22, 2023. Plaintiff, on June 30, 2023 filed this instant motion for an extension of time to oppose the demurrer. Plaintiff seeks a extension of time until August 4, 2023 to respond to the demurrer, thoug...

Excerpt: ... file a second amended complaint to add a cause of action under PAGA. However, the Court did not find authority to permit further amendment to add the individual defendants under section 2699.3. The Court, in adjudicating this issue prior to denial of Defendant's motion to compel arbitration, noted that it would permit the filling of a notice motion to amend the operative complaint to add the proposed individual defendants. Plaintiff, on July 17,...

Excerpt: ...se and common counts involving alleged damage to commercial property, failure to pay late charges, taxes and failure to pay commission. GPC answered the complaint, but thereafter, on February 7, 2022, filed for Chapter 7 bankruptcy. On or about June 6, 2022, a notice of filing report of no distribution was sent to Plaintiff by the bankruptcy trustee setting June 30, 2022 for objections. Plaintiff apparently made no objection and Plaintiff's under...

Excerpt: ... 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 has filed a second motion for fees and costs incurred May 11, 2023 to present, also in collection of the judgment and related specifically to the motion for receiver issue previously adjudicated. Plaintiff seeks the fees and costs incurred as to enforcement of the Judgment ...

Excerpt: .... On June 23, 2023, moving party Sheriron Edwards filed a prejudgment claim of right of possession and answer listing "27598 HY 99" as his address. On July 7, 2023, the Court sent Sheriron Edwards, at the address listed on his answer, a notce of trial to be held July 31, 2023 8:30 am in Department 7. On July 31, 2023, the Court held trial and entered judgment in favor of Plaintiff as against Defendant Sherman Edwards aka Sheriron Edwards for poss...

Excerpt: ...ted at 41129 Road 40, Reedley, CA 93654, County of Tulare ("Subject Property") (Complaint 93.) On July 6, 2023, Plaintiff filed a proof of service indicating personal service occurred on June 26, 2023 on Defendant and moving party Linda Wise at the Subject Property. On July 6, 2023, this Court entered default against Defendant Linda Wise and on July 20, 2023, default judgment was entered and the writ of execution was issued. Judgment was entered ...

Excerpt: ...ayment and class certification for settlement purposes came on for hearing on August 7, 2023. The Court finds and rules as follows: On July 14, 2023, the settlement administrator Phoenix, through its Case Manager, filed a declaration detailing the follow-ng events. On March 10, 2023 the administrator received a mailing list of 97 potential class members from Defendant's counsel with names, contact information, social security numbers and relevant...

Excerpt: ...Brent Calvin and Juan Vazquez, allegedly COS offcials, based on allegations related to her expulsion. Perez alleges her expulsion resulted from false accusations against her made by defendants, which were slanderous and defamatory; that meetings and a hearing relating to her expulsion were unfair; that COS made a false police report that she "smoked" at the school; that Vazquez and Calvin have ignored Perez's emails challenging defendants' conten...

Excerpt: ... matter, filed June 22 , 2023, involves property located at 3251 Manchester Street, Tulare, California 93274 ("Subject Property"). (Complaint 93.) This achon is based on a three day notice to pay rent or quit. On July 26, 2023, Plaintiff filed a proof of service indicating substitute service on Defendant and moving party Melissa Ann Carrasco occurred by service on John Doe, who refused to give a name, on July 7, 2023 at 3:08 pm at the Subject Pro...

Excerpt: ...the parties entered into an oral agreement to jointly purchase real property located at 111 East Gannon Drive, Tulare, CA (the "Subject Property"). (Declaration of Plaintiff 95.) As a result of Defendant's superior credit score and the resulting lower interest rate, Defendant purchased the Subject Property in Defendant's name alone and agreed to add Plaintiff to the title of the Subject Property "after the close of escrow." (Declaration of Plaint...

Excerpt: ...aintiff filed a proof of service of the summons and complaint reflecting substitute service on "John Doe, Person in Charge" on March 29, 2023 at 4:31 pm at a location at 4595 S Tracy Blvd., Tracy, California. The proof of service reflects a registered process server completed the proof of service. On May 19, 2023, default was entered against Defendant. On June 13, 2023, Defendant filed this motion for relief from entry of default. In support, Def...

Excerpt: ...s responsive thereto, even if identical to prior production, subject to a protective order; to deny the request for sanctions. Plaintiff's evidentiary objections four and five are sustained, the balance are overruled. In this lemon law matter, Plaintiff noticed the deposition of GM's person most qualified on January 3, 2023. Plaintiff notes GM did not appear and did not object to the notice. Plaintiff served a first amended deposition notce for G...

Excerpt: ...the first cause of action for discrimination under FEHA, second cause of achon for retaliation under FEHA, fourth cause of action for failure to reasonably accommodate under FEHA, fifth cause of action for failure to engage in the interactive process under FEHA, sixth cause of action for whistleblower retaliation under Labor Code secton 1102.5, eighth cause of achon for a CFRA violation and ninth cause of achon from CFRA retaliation. Initially, t...

Excerpt: ...based on Plaintiff's ex parte moton for appointment of a receiver. The Court further ordered that any sale proceeds from the "Three Rivers Property Order" payable to Old Oak Assets shall be held in escrow or deposited by escrow with this Court. The underlying motion is based upon an unsatisfied judgment in this instant case against Defendant Robert Hart and former Defendant Elizabeth Hart. Further, Robert and Elizabeth are subject to a dissolutio...

Excerpt: ...ling of the lawsuit thereafter. Plaintiff's first amended complaint alleges, as to the compliance issue: "12. Prior the initiation of this lawsuit, Plaintiff timely served on VUSD tort claims in accordance with Government Code SS 910 and 911.2. 13. Plaintiff's Complaint is timely because she did not receive written responses to her government claims within the established forty-five (45) days, and thus had the full two (2) year statute of limitat...

Excerpt: ..."Subject Property"). Plaintiff filed this action July 5, 2023. On July 11, 2023, Defendant moved to quash service of summons. Defendant's moton states Defendant "was served with this action on July 7, 2023" but Defendant was not home at the "time of service." Further, that Defendant "after being gone for approx.. 3 days returned home on July 7., 2023...and she discovered that Plaintiff had filed and left an incomplete copy of the unlawful Detaine...

Excerpt: ...lting from the falling over of a makeup display case while Plaintiff operated an electric shopping cart. Defendant, after discovery, indicates that Plaintiff is seeking no more than $5,5fl in medical damages with no loss of earnings claim. Defendant notes "Based on Plaintiff's medical records, no treating physician for Plaintiff has indicated that she will require any future medical treatment associated with her injuries from the incident at Walm...

Excerpt: ...rations as to the notice period, lodestar and current costs expended, and a declaration from the settlement administrator providing background as to Apex. On June 30, 2023, Plaintiff submitted a supplemental declaration of Attorney Barvie addressing these issues which the Court analyzes below. Class Notice The settlement agreement provides no claim form will be required of class members to participate in distributions. Only those wishing to objec...

Excerpt: ... Apt. A, Visalia, CA 93277 ("Subject Property." ) (Complaint 93.) This is a three-day notice to pay rent or quit matter. (Complaint 99.) The Court notes a proof of service as to personal service on Defendant Lewis occurring on March 16, 2023 completed by a registered process serve. On April 24, 2023, the Court entered default and default judgment. On May 18, 2023, the writ of possession was issued. On June 27, 2023, Defendant Lewis filed this ex ...

Excerpt: ... duly appointed, qualified, and acting personal representative of the estate of Decedent. (Complaint 92.) On September 12, 2022, Plaintiff filed a claim based on the above alleged breach of contract with the Decedent's estate. (Complaint 93.) On October 25, 2022, Defendant rejected the claim, filed the rejection with the clerk of the court in the above-mentioned estate proceeding, and served plaintiff with written notice of the rejection via mail...

Excerpt: ...hild and heir of Decedent. Kaweah notes that neither Green nor Cochran are parties to this action. No opposition was filed as to this motion. Authority and Analysis California Code of Civil Procedure section 389, subdivision (a) states: "[a] person who is subject to service of process and whose joinder will not deprive the court of jurisdiction cwer the subject matter of the action shall be joined as a party in the action if (1) in his absence co...

Excerpt: ...nalysis - Motion for Summary Judgment In reviewing a motion for summary judgment, courts must apply a three-step analysis: "(1) identify the issues framed by the pleadings; (2) determine whether the moving party has negated the opponent's claims; and (3) determine whether the opposition has demonstrated the existence of a triable, material factual issue." (Hinesley v. Oakshade Town Center (2005) 135 Cal.App.4th 289, 294.) "[T]he initial burden is...

Excerpt: ...mpel arbitration as to Plaintiff's claims. On September 21, 2022, based upon recent authority in Viking River Cruises, Inc. v. Moriana (2022) 142 S.Ct. 1906, the Court compelled arbitration of the "individual" PAGA claim and stayed the civil action as to the "representative" PAGA claim pending California Supreme Court's pending review in Adolph v. Uber Technologies, S274671, 2022 Cal. LEXIS 5021. On February 28, 2022, Plaintiff submitted a demand...

Excerpt: ...chard Cregor, effectuated substitute service and mailing on December 14, 2022 on Defendant. On February 28, 2023, this Court entered default as to Defendant. On April 12, 2023, Defendant filed this motion for relief from entry of default. In support, Defendant declares that he has had approximately seven foot surgeries over the past year and has not been as attentive to his business, including the underlying facts of this case as it relates to pa...

Excerpt: ...at canal for maintenance and repair as to Plaintiff BiRite's properties. (SAC 92, 7.) Prior litigation between the parties has resulted in a 2013 Judgment and a 2018 Judgment which provide express conditions upon which PVCC and its employees may enter BiRite's properties and the acts that may be performed on the properties at issue. The Court notes that Second Amended Complaint alleges violations of these express conditions by Defendant PVCC and ...

Excerpt: ...ator; to contnue the motion to July 11, 2023, Department 7, 8:30 am. 1. Sufficiency of Amount of Settlement (Proposed Net Estimated: $131,065.05) The gross settlement amount is $265,000. Plaintiff estimates approximately 95 proposed Class Members, providing an estimated average payout of $1,369.73 per member. Plaintiff further estimates approximately 32 Aggrieved Employees. The Class Members consist of all non-exempt employees who are currently o...

Excerpt: ... evidence at the hearing. (2) To overrule the demurrer; Defendant Ivonne Figueroa shall have five (5) days to file an answer; Facts Common to (1) and (2) This unlawful detainer matter involves property located at 139 E Ferguson Ave., Visalia, CA 93291 (the "Subject Property." ) Plaintiff alleges it purchased the property at a Trustee's Sale held October 4, 2022. (Complaint 94). Plaintiff alleges it has duly recorded the Trustee's Deed upon Sale a...

Excerpt: ...take place no later than thirty (30) days from notice of this ruling; Plaintiffs to give notice. Plaintiffs have sued Defendants Jesus Renteria dba Jesse's Auto Sales ("Dealer" or "Seller"), Westlake Services, LLC dba Westlake Financial Services ('Assignee" or "Holder") for violations of the Consumer Legal Remedies Act, Business and Professions Code section 17200, and under Code of Civil Procedure sections 1281.97 and 1281.99 involving the purcha...

Excerpt: ...he motion for the stay up to 40 days dependent upon the prepayment of per diem rent. In this unlawful detainer matter, the Court held trial and entered judgment in favor of Plaintiff on May 24, 2023 for possession only. On May 25, 2023, the Court issued the writ of possession. On June 1, 2023, Defendants Santiago Escarsega and Anna Marie Escarsega filed this ex parte motion to stay execution of the writ. The motion indicates that Defendants need ...

Excerpt: ...dant Mathew Gisler, on a of theories including breach of contract, unjust enrichment, account stated and book account for failure to perform certain services promised to Plaintiff and its clients. Defendant filed a cross- complaint for breach of contract and breach of implied covenant. On or December 27, 2022, Plaintiff filed a notice of conditional settlement with an expected dismissal of March 27, 2023. The Court notes this case has not been di...

Excerpt: ...r to this date. The Court is in receipt of the amended pleadings as to the motion to amend the judgment. Plaintiff, after a jury verdict in her favor and motion for attorneys' fees and costs, obtained judgment against Defendant Robert Hart, individually and as trustee of Diversified Management, a family trust, and against Defendant Diversified Management in the amount of $70,091.25 (the "Judgment") Plaintiff, in seeking to recover the Judgment, h...

Excerpt: ...udgment in favor of Plaintiff on May 24, 2023 for possession only. On May 25, 2023, the Court issued the wr-t of possession. On June 1, 2023, Defendants Santiago Escarsega and Anna Marie Escarsega filed this ex parte motion to stay execution of the writ. The motion indicates that Defendants need more time to find a place to move. Notice was provided to Plaintiff by telephone, but Plaintiff's response is not indicated. Plaintiff is represented in ...

Excerpt: ...rtment 7. Plaintiffs Jeremy Andrew Hernandez, Nayeli Lopez Quezada, Xionna Hernandez And Kianna Hernandez, 80th Minors, by and through Nayeli Lopez Quezada ("Hernandez Plaintiffs") in VCU294376 move this Court to consolidate their case with VCLJ294488 on the basis that these cases involve the same multi-vehicle accident. The Hernandez Plaintiffs Matter - VCU294376 In the Hernandez Plaintiffs Matter, VCU294376, the Hernandez Plaintiffs have sued D...

Excerpt: ...ts Advanced Mechanical Engineering Corp. ("AME") and Frank Hinojos Ill (collectively "Defendants") breached the Temporary Staffing Services Agreement ("TSSA") with Plaintiff Definitive Staffing Solutions, lnc ("Plaintiff" or "DSS") dated January 30, 2018, wherein DSS agreed via the TSSA to provide AME with temporary employees to assist with its industrial constructon business and pay employees provided, and AME agreed to pay DSS the amounts invoi...

Excerpt: ...4.72 against Respondents Auto MD of Visalia Inc. and Darrin Woodbridge arising out of a written agreement entered into by the parties on or about March 24, 2022. (Petition 1, 3b, 4; Attachment 8(c).) Specifically, the dispute subject to arbitration involved Respondent's Breach of the Future Receipt Sale Agreement wherein the parties agreed that Petitioner would purchase $37,000 worth of future receivables for $25,000 from Respondents, but that Re...

Excerpt: ... FCA US LLC (2020) 53 Cal.App.5th 486. 80th cases are appellate decisions. Authority and Analysis "When an application for an order has been made to a judge, or to a court, and refused in whole or in part, or granted, or granted conditionally, or on terms, any party affected by the order may, within 10 days after service upon the party of written notice of entry of the order and based upon new or different facts, circumstances, or law, make appli...

Excerpt: ...t the May 9, 2023 hearing, permitted a supplemental declaration by Plaintiff to be filed in support of this petition. The Court has reviewed the declaration and notes its contents below. Plaintiff seeks relief from the claim presentation requirement via this Petition as to her complaint for wrongful death based on medical malpractice and survival achon based on negligence. The Petition states that Decedent Kathryn Gress died on August 27, 2021. (...

Excerpt: ...ulting from alleged sexual abuse suffered by Plaintiff from 1994 to 2000 while Plaintiff was a minor. Plaintiff was born in 1990 and is not over 40 years old when this action was commenced. On April 14, 2023, Plaintiff filed this motion to "seal Plaintiff Jane Roe's Application to Proceed in Fictious Name." Plaintiff has filed a redacted declaration of counsel "in support of motion re: application to proceed in fictious name and seal certificates...

Excerpt: ... been established as to either Subject Vehicle and is inclined to grant the injunction. Background Facts This matter involves the possession of two vehicles, a 1963 Chevrolet Impala and a 1988 Cadillac Fleetwood (collectively "Subject Vehicles"), by Defendants Robert Escalera, individually and doing business as Kustom Kreations. Plaintiff's complaint alleges he is the legal owner of the two Subject Vehicles and provided them to these Defendants f...

Excerpt: ...Class Members, providing a proposed estimated average payout of $4,233.28 per member. The Class Members consist of: All non-exempt employees who worked for Defendant in California from May 23, 2017 to March 20, 2023. Via the first amended complaint, Plaintiff brings claims for (1) failure to pay minimum wages; (2) failure to pay overtime wages; (3) failure to provide meal periods; (4) failure to permit rest breaks; (5) failure to reimburse busine...

Excerpt: ...17 per month that was eventually set at $725 a month as of December 1, 2020. (Complaint at 96.) On March 22, 2023, Plaintiff caused a three-day notice to pay rent or quit ("Notice") to be served by posting and mailing, as well as via substitute service. The Notice indicates past due rent of $725 per month for the months of April 2022 through March 2023, with rent being due on the first of each month. (Complaint "1 6, 9.) The Notice provides the 2...

Excerpt: ...ee-day notice to pay rent or quit. The per diem rent amount alleged in the complaint is $30. Defendant Pepper was served by posting and mailing via order of this Court on April 11, 2023. Default judgment was entered May 1, 2023 for possession only and the writ of possession was issued. On May 10, 2023, Defendant filed this ex parte motion for relief from default and/or to stay execution of the writ. Defendant provides no basis under Code of Civil...

Excerpt: ...nt, attorneys' fees, costs, enhancement award, LWDA payment and class certification for settlement purposes came on for hearing on May 9, 2023. The Court finds and rules as follows: On April 6, 2023, the settlement administrator IYLM Group, Inc., through its Case Manager, filed a declaration detailing the following events. On November 11, 2022, the administrator received a mailing list of 8,551 potential class members from Defendant's counsel wit...

Excerpt: ...swer no later than ten (10) days after this hearing. This isa wrongful death premises liability action filed by Plaintiffs, on behalf of the estate of Decedent and individually. Decedent died after striking a metal cable connected to posts is a dimly lit area while riding an all-terrain vehicle. (Complaint at Page 4.) Plaintiffs allege the incident occurred at or near 42000 Block of Road 64, Reedley, CA and have sued a number of Defendants who ap...

Excerpt: ...q, and for wrongful termination in violation of public policy resulting from her former employment with Kaweah as a registered nurse. On September 23, 2021, Plaintiff filed a claim (the "Claim") for personal injuries to the Board of Directors for Defendant (the "Board"), pursuant to Government Code 5910. (Complaint 7:10-15.) Plaintiff thereafter alleges Kaweah failed to act on the claim and Plaintiff had two years to file this complaint. (Complai...

Excerpt: ...reble damages under Code of Civil Procedure section 340.1. Plaintiff alleges she was sexually abused by her high school teacher Bob Doyle while she was a student at Dinuba High School. Plaintiff alleges Doyle's abuse of her began when she was approximately 14 years old and occurred during a period approximately between 1999 and 2002. Plaintiff alleges she was abused by Doyle "in and on the campus of Dinuba High School, during lunch, before and af...

Excerpt: ...nts Best Buy Warehousing Logistics, LLC, Best Buy Stores, L.P., and Jesus Vargas. Defendants have not yet filed an answer. Defendants, collectively, now move this Court to compel arbitration and to dismiss or stay this civil action pursuant to an Arbitration Policy. Request for Judicial Notice Defendants attach a number of trial court level decisions in their favor on arbitration motions from California and Federal Courts. These unpublished decis...

Excerpt: ...bitration provision as follows: "Agreement to Arbitrate: By signing below, you agree that, pursuant to the Arbitration Provision on the reverse side of this contract, pu orwe may elect to resolve any dispute by neutral, binding arbitration and not by a court action. See the Arbitration Provision for additional information concerning the agreement arbitrate." "ARBITRATION PROVISION 1. EITHER YOU OR WE MAY CHOOSE TO HAVE ANY DISPUTE BETWEEN US DECI...

Excerpt: ...Plaintiff seeks relief from the claim presentation requirement via this Petition as to her complaint for wrongful death based on medical malpractice and survival achon based on negligence. The Petition states that Decedent Kathryn Gress died on August 27, 2021. (Petition 93.) The Decedent was treated at Kaweah's facilities from October 16, 2020 through May 19, 2021. (Petition 92.) The Petiton further states that, after Decedent's death, Petitione...

Excerpt: ...inst Respondents Auto MD of Visalia Inc. and Darrin Woodbridge arising out of a written agreement entered into by the parties on or about March 24, 2022. (Petition 1, 3b, 4; Attachment 8(c).) Specifically, the dispute subject to arbitration involved Respondent's Breach of the Future Receipt Sale Agreement wherein the parties agreed that Petitioner would purchase $37,000 worth of future receivables for $25,000 from Respondents, but that Respondent...

Excerpt: ...d, a new offer was received and accepted and Plaintiff seeks an order confirming the sale under this new offer. On November 3, 2022, Plaintiff retained her current realtor, Hollis Fernandez, License No. 01794664, and listed the Subject Property for sale to the general public. Plaintiff's current realtor, after receiving no offers for a few months, recommended incremental decreases of the list price. This also considered the issues of inspection a...

Excerpt: ...ge Christiansen Aia doing business as Christiansen Group. On January 31, 2023, George Christiansen Aia doing business as Christiansen Group filed a cross-complaint against Kaweah, and other cross-defendants, for breach of contract and quantum meruit, amongst other causes of action not subject to demurrer. The cross-complaint seeks money damages against Kaweah. The cross-complaint arises out of the same contract for which Kaweah has sued Aia. Kawe...

Excerpt: ...ormance and breach of written agreement. Plaintiff alleges on August 30, 2022, Plaintiff, as buyer, and Defendants, as sellers, entered into a California Residential Purchase Agreement and Joint Escrow Instructions (the "Agreement"), pursuant to which Plaintiff agreed to purchase and Defendants agreed to sell for a total purchase price of $900,000.00 certain residential real property. However, on September 6, 2022, Plaintiff alleges Defendants, t...

Excerpt: ...rsuant to an underlying arbitration agreement and stayed this case. (Declaration of Gutierrez 94 — Ex 2.) On September 9, 2019, Plaintiff submitted a Demand for Arbitration to Judicate West. (Declaration of Gutierrez '15 — Ex 3.) On October 10, 2019, Defendant ATS filed a Response to Plaintiff Reynosa's Demand for Arbitration. (Declaration of Guterrez "6 — Ex 4.) On December July 6, 2022, the arbitrator held a preliminary conference. (Decla...

Excerpt: ... intoxicated and struck decedent on his motorcycle. (Declaration of Russell 92.) Defendant Robert Buhl is Defendant Bryan Buhl's father and co- owner of the van. (Declaration of Russell 94.) The complaint alleges causes of action for negligence, negligence per se, negligent entrustment and wrongful death. The prayer seeks punitive damages. After the complaint was filed, Defendant Bryan Buhl entered a nolo contendre plea for gross vehicular mansla...

Excerpt: ...proval 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 18, 2023. The Court finds and rules as follows: On March 22, 2023, the settlement administrator Phoenix Settlement Administrators, through its Case Manager, filed a declaration detailing the following events. On January 4, 2023, the administrator received a mailing list of...

Excerpt: ...mplaint of Plaintiff Lockhart Reality Group for malicious prosecution. Defendants Law Group, APLC, Babak Kheiri, Daniel Geoulla, Dmitry Karpov only (hereinafter "Defendants") now move the Court for recovery of attorneys' fees in the amount of $39,148.57 and costs in the amount of $2,288.27 pursuant to Code of Civil Procedure section 425.16(c)(1). The Court notes that Defendant Martinez has not filed a motion for fees or costs. Authority and Analy...

Excerpt: ...d Net Distribution: $75,000.) The gross settlement amount is $150,000. Plaintiff estimates approximately 182 aggrieved employees, consisting of "all individuals employed by Defendant in California as non-exempt employees at any time from the period of April 23, 2021, through the earlier of the date which the Court approves the Settlement or April 8, 2023." Plaintiff brings claims under the PAGA statute for violations of Labor Code sections 201, 2...

Excerpt: ...nd mailing was completed in accordance with the Court's order of February 17, 2023, the court is willing to consider this evidence at the hearing. Facts Common to (1) and (2) This unlawful detainer matter involves property located at 139 E Ferguson Ave., Visalia, CA 93291 (the "Subject Property." ) Plaintiff alleges it purchased the property at a Trustee's Sale held October 4, 2022. (Complaint 94). Plaintiff alleges it has duly recorded the Trust...

Excerpt: ...ver Drive Properties Inc. (RDP) is a California Corporation doing business in Tulare County, California, which has benefitted from various stolen and converted property as set forth herein, in addition to actively interfering with MVP's property management contracts." (Complaint 92.) Plaintiff alleges that he started Mid-Valley Property Management ("MVP") in 1996, operating it under his Real Estate Broker's License as a sole proprietorship. (Comp...

Excerpt: ... rule 3.350. At the continued motion hearing on February 28, 2023, this Court ordered consolidation of this matter, VCU288828, Fitness v. Moshin (the "Fitness Case") and VCU293786— Alhasani v. Fitness and Thrive (the "Alhasani Case"). Alhasani now seeks to set aside or modify the February 14, 2023 order that the Court would continue this matter and consolidate the cases upon the filing of various documents in compliance with the Rules of Court....

Excerpt: ...nal 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 4, 2023. The Court finds and rules as follows: On March 13, 2023, the settlement administrator ILYM Group, through its Operations Manager, filed a declaration detailing the following events. On October 25, 2022, the administrator received a mailing list of 494 potent...

Excerpt: ...he Labor Code and for unfair competition based on Plaintiff's former employment with Defendant, but lacking any Private Attorney General Act ("PAGA") claim. However, on March 22, 2023, Plaintiff filed a second amended complaint, without leave, pursuant to Labor Code section 2699.3(a)(2)(C), which states as follows: "C) Notwithstanding any other provision of law, a plaintiff may as a matter of right amend an existing complaint to add a cause of ac...

Excerpt: ...in seeking to recover the Judgment, has discovered that Defendant Robert Hart is trustee of two additional trusts, Old Oak Holdings and North Fork Assets, as alter egos of Defendant Robert Hart in which he holds title to his former community, and now separate, property in Exeter and Badger. Plaintiff now seeks to add Robert Hart, as trustee of Old Oak Holdings and as trustee of North Fork Assets, as debtors to the Judgment. North Fork Assets appe...

Excerpt: ...he Plaintiff who is claiming post-traumatic stress disorder damages, seeks the following: "Any and all documents, paper and digital records pertaining to care, treatment and examination, including but not limited to, all office, emergency room, inpatient / outpatient charts either in hard copy or electronic and/or faxed. Any and all x-ray films, to include MRI films, CAT scans, myelograms, radiological images, ultrasounds and any other films spec...

Excerpt: ...onditional Sale Contract and Security Agreement ("Agreement"). The complaint, filed December 29, 2022, alleges causes of action for violations of the Consumer Legal Remedies Act, Violations of the Unfair Competition Law, Fraud, Violations of Song Beverly Act and Surety Bond Liability as against Defendants Thrive Sports, lnc„ Westlake Financial and Hudson Insurance Company. Defendants Thrive and Westlake Financial (collectively "Defendant") now ...

Excerpt: ...oval of class action settlement, attorneys' fees, costs, enhancement award, LWDA payment and class certification for settlement purposes came on for hearing on November 22, 2022. The Court finds and rules as follows: On February 28.2023, the settlement administrator Phoenix Settlement Administrators, through its Case Manager, filed a declaration detailing the following events. On November 18, 2022 the administrator received a mailing list of 589 ...

Excerpt: ... children. (Complaint at p. 1.) Plaintiff alleges causes of achon for fraud-misrepresentation, professional negligence and breach of contract involving Defendant's alleged forc-ng of Plaintiff into a guilty plea and representing that Plaintiff's children would be returned to her if she entered a guilty plea. (Complaint at p. 2.) Plaintiff appears to allege delayed discovery and/or tolling, in that Plaintiff alleges she recovered a suppressed memo...

Excerpt: ...This unlawful detainer matter, filed February 15, 2023, involves property located at 417 N. "L" St. #A Tulare, CA 93274 ("Subject Property.") (Complaint '13.) The Court notes this action is based on a three day notice to pay or quit. (Complaint 99.) As to moving party Defendant Torres, Plaintiff filed a proof of service indicating personal service of this lawsuit and summons on Defendant Torres occurred on February 17, 2023. On March 7, 2023, thi...

Excerpt: ...s property located at 13930 Idaho, Orosi, CA 93647. Plaintiff filed the complaint February 9, 2023, and effected personal service on Defendant Jimenez February 10, 2023. On February 17, 2023, defendant filed a motion to quash service of summons. In that motion she indicated she would submit on the papers filed without appearance. On 22, 2023, the court held a hearing on a motion to quash filed by defendant and denied the motion. On March 2, 2023,...

Excerpt: ...e are Plaintiff's psychological records from Kings View. Defendant indicates that, pursuant to prior discovery requests directed at Plaintiff, Plaintiff has some, but not all, records from Kings View. Further, Defendant indicates that Plaintiff was presented with an authorization form to release the records, but that no such authorization form has been executed as of the date of this motion. Defendants indicate that the subpoena was issued to Kin...

Excerpt: ...' fees, costs, enhancement award, LWDA payment and class certification for settlement purposes came on for hearing on March 14, 2023. The Court finds and rules as follows: On February 17, 2023, the settlement administrator Phoenix Settlement Administrators, through its Case Manager, filed a declaration detailing the following events. On November 3, 2022 the administrator received a mailing list of 1,932 potential class members from Defendant's co...

Excerpt: ...amend as to the City as to the Tenth and Eleventh causes of action. (The Court notes it previously sustained the demurrer by Defendants Fahoum, Jason Salazar, Sergio Pineda, Marisa Burkdoll, Nathan Berry, Nicholas Fistolera, Damon Maurice and Velverde as to the Tenth and Eleventh causes of action without leave to amend.); To overrule the demurrer Sixth cause of action as to Defendant Fahoum and order Defendant Fahoum to “answer or otherwise ple...

Excerpt: ...n 425.16, California's anti-SLAPP statute. I. Background 1. The personal injury action In the underlying prior personal injury action (Tulare Superior Court Case No. VCU283263), Martinez sued various defendants for injuries allegedly sustained during an incident on June 21, 2018, in which she fell down a flight of stairs located on property at 303 N. D Street in Porterville, CA. Martinez filed her complaint on June 19, 2020. Martinez named, as de...

Excerpt: ...ure to pay minimum wages; (2) failure to pay overtime wages; (3) failure to provide meal periods; (4) failure to provide rest periods; (5) failure to timely pay all wages due and owing at the time of termination; (6) failure to issue accurate itemized wage statements; (7) failure to reimburse business- related expenses; and (8) unfair competition. In support, Plaintiff has attached the proposed First Amended Complaint. Plaintiff notes this case h...

Excerpt: ...l 28, 2022, alleges causes of action for: (1) Violation of Subdivision (d) of Civil Code Section 1793.2 (express warranty) (2) Violation of Subdivision (b) of Civil Code Section 1793.2 (3) Violation of Subdivision (a)(3) of Civil Code Section 1793.2 (4) Breach of the Implied Warranty of Merchantability (Civ. Code, § 1791.1; § 1794; § 1795.5) (5) Fraudulent Inducement - Concealment Plaintiffs have not sued the dealer and signatory to the RISC. ...

Excerpt: ...ession for Plaintiff after trial, cancelled the rental agreement, issued the writ immediately, and awarded $9,148.64 to Plaintiff in past due rent, attorneys' fees, holdover damages and costs. Defendant Marina Moreno seeks to vacate the judgment and/or stay execution thereof on the basis that she was present outside the courtroom, but mistakenly believed she had to wait one hour and forty-five minutes for her case to be called and remained outsid...

Excerpt: ...nt (collectively “Fitness”) alleging causes of action for conversion against Defendant Fadel Moshin (“Moshin”). Plaintiff in VCU293786 is Alhasani, Inc. (“Alhasani”) who has alleged causes of action against Fitness and Thrive Business Development, Inc. (“Thrive”) for conversion and injury to real property by removal of equipment. VCU288828 – Fitness v. Moshin (the “Fitness Case”) The Fitness Case matter involves Fitness's al...

Excerpt: ... property at issue containing the residential space rented to tenants. A fire originating from storage sheds located on the property spread to the space rented by the plaintiffs and, they allege, destroyed their property, forced them out of their home, and caused them emotional distress. Plaintiffs' complaint Plaintiffs allege a cause of action for general negligence and a second premises liability cause of action including, amongst three separat...

Excerpt: ...e and common counts involving alleged damage to commercial property, failure to pay late charges, taxes and failure to pay commission. GPC answered the complaint, but thereafter, on February 7, 2022, filed for Chapter 7 bankruptcy. On or about June 6, 2022, a notice of filing report of no distribution was sent to Plaintiff by the bankruptcy trustee setting June 30, 2022 for objections. Plaintiff apparently made no objection and Plaintiff's unders...

Excerpt: ...ass action and PAGA settlement, attorneys' fees, costs, enhancement award, LWDA payment and class certification for settlement purposes came on for hearing on February 14, 2023. The Court finds and rules as follows: On January 18, 2022, the settlement administrator ILYM Group, Inc, through its Case Manager, filed a declaration detailing the following events. On September 1, 2022, the administrator received a list of 248 potential class members fr...

Excerpt: ...rterville Police Department; Defendants shall have ten (10) days to file an answer. Facts Common to (1) and (2) Plaintiff filed this third amended complaint against Defendants City of Porterville and Porterville Police Department and individual Defendants Castellow, Barteau, Kroutil and Benas. As relevant here, Plaintiff alleges the third cause of action for harassment against all Defendants and the seventh cause of action against Defendants Cast...

Excerpt: ...use of action. In support, Defendant provides the following material facts. Defendant hired plaintiff in January 2019 as a staff dentist. (UMF No. 1.) During her employment, Plaintiff believed that not all patients were genuine, but rather some were placed by Defendant to harass her with foul language and other behavior. (UMF No. 3.) Additionally, Plaintiff believed she was being targeted by Defendant, given she had filed a complaint against her ...