Excerpt: ...s he sustained in a forklift incident on September 4, 2019 involving acts by Defendant Gardener Trucking's (“Gardener”) employees. Plaintiff filed this matter July 14, 2021. On November 12, 2021, Gardener cross-complained against Southwest for six causes of action including express indemnity, breach of contract, equitable indemnity, comparative partial indemnity, contribution and declaratory relief. On January 21, 2022, Southwest answered Gar...

Excerpt: ...sentatives, and of their counsel as class counsel. In this wage and hour action, plaintiffs Guillermo Gonzalez and Nicolas Gonzalez move for class certification as to various defined classes of employees of their former employer, Sun Pacific Farming Cooperative, Inc. (Sun Pacific), and for appointment as class representative of, and for appointment of their counsel as class counsel for, the proposed classes. Plaintiffs seek certification as to th...

Excerpt: ...rt's ruling as to Defendant Beitler's appeal and Plaintiff's cross-appeal. At the trial court level, this Court found that Defendant Beitler is Defendant Force's alter ego. This Court further denied Plaintiff DPI's posttrial motion to amend the complaint as to adding a defendant to tits second, third and fourth causes of action for common counts. This Court's judgment of February 18, 2020 indicates that Plaintiff was entitled to recover the under...

Excerpt: ...ves Plaintiff Jane Roe's complaint against the Apostolic Assembly of the Faith in Christ Jesus and Apostolic Assembly Church of Lindsay for negligence, negligent supervision, negligent hiring and negligent failure to warn, train, or educate resulting from alleged sexual abuse suffered by Plaintiff from 1994 to 2000 while Plaintiff was a minor. Plaintiff was born in 1990 and its not over 40 years old when this action was commenced. On December 15,...

Excerpt: ...dress this issue. The Court has integrated this supplemental briefing and analysis into this ruling. On or about September 4, 2020, plaintiff purchased a new 2019 Nissan Maxima VIN 1N4AA6AV4KC383429 (“Vehicle”) from a dealer pursuant to a retail installment sales contract (“RISC”). (Complaint ¶ 3.) The complaint alleges “Plaintiff delivered the nonconforming Vehicle to NNA's authorized repair facilities for repairs pursuant to the term...

Excerpt: ...t states that “Venue is proper in this 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 ...

Excerpt: ... award sanctions; (5) To grant the motion; Plaintiff shall have thirty (30) days from notice of this ruling to provide a statement of damages; Defendant shall give notice. Facts Common to All Motions This litigation arises from Plaintiff's allegation of negligence and premises liability against Defendant Lowes. Plaintiff claims Defendant is responsible for the injuries sustained when Plaintiff climbed and fell from a bay within Defendant's retail...

Excerpt: ...d nursing facility located at 350 North Villa Street (the “Facility.”) Plaintiffs are the heirs and successors in interest to Decedent and filed this case November 12, 2021. This matter is set for trial March 13, 2023. Plaintiffs allege Defendants knew, via the physical state of Decedent upon arrival, that Decedent was dependent on Defendant for all daily activities including “feeding and dietary planning, skin care, hygiene, infection cont...

Excerpt: ...nforming Vehicle to NNA's authorized repair facilities for repairs pursuant to the terms of the warranties. It is clear that NNA is unable to fix, remedy and/or repair the Vehicle to conform to the warranty. The multiple failed inspection and repair attempts have proven willfully unsuccessful in resolving the issues.” (Complaint ¶8.) Plaintiff brings causes of action for: (1) Violation of the Song‐Beverly Consumer Warranty Act ‐ Breach of ...

Excerpt: ...rent. Facts This is an unlawful detainer matter involving 233 W. Tulare Avenue #B, Visalia, CA. 93277, Tulare County (“Subject Property.”) The Court notes this is an action for unlawful detainer based upon a three day notice to pay rent or quit. On November 14, 2022 the complaint was filed. The complaint, summons and accompanying documents were served personally on Defendant O'Neal on November 20, 2022 by a registered process server. On Decem...

Excerpt: ...d a number of wage and hour violations against Defendants Phytech US, Inc. and Defendant Oren Kind. Initially, it appears that Phytech did not produce an arbitration agreement in discovery propounded by Plaintiff, but counsel for Phytech indicates receipt of “a copy of the actual arbitration agreement Plaintiff Melodie Furtado agreed to in connection with her employment with Phytech on November 8, 2022.” (Declaration of Raquel Rotman (“Rotm...

Excerpt: ...tiff had adequately disputed a number of material facts that precluded the Court from ruling in Defendant's favor as to the rational basis for Plaintiff's termination and Plaintiff's outside work. The central, additional fact to this renewed motion appears to be as follows: “Since the court's consideration of Altura's prior motion for summary judgment, Riaz has filed 18 cases in Tulare County alone claiming allegations similar to those against ...

Excerpt: ... the date of this hearing. The Court intends to set this matter for trial at this hearing. Facts This is an unlawful detainer matter involving 1016 E. Mineral King #7 Visalia, CA 93292 (“Subject Property.”) The Court notes this is an action for unlawful detainer for breach of covenant as to occupancy by unauthorized persons and the existence of more than one pet. On November 21, 2022 the complaint was filed. The complaint, summons and accompa...

Excerpt: ...telyn Kable. Petitioners bring this a petition to approve the compromise of a settlement offer to the minor child. According to the Petition, on March 22, 2022, the minor was crossing the street in the crosswalk before school when Defendant Ryan Jones, in the course and scope of his employment with Weed Man Company, struck Claimant while driving a Weed Man Company. (Petition at 5.) Injuries and Treatment The minor child suffered a skull fracture,...

Excerpt: ...t alleges causes of action for trespass and ejectment. Plaintiffs in this case are Mikal Jones, Angela Anderson, and Bi‐Rite Auto Transport, Inc., (collectively “Bi‐ Rite”) and involved Defendant PVCC's irrevocable license for its canal and access to that canal for maintenance and repair as to Plaintiff BiRite's properties. (SAC ¶2, 7.) Prior litigation between the parties has resulted in a 2013 Judgement and a 2018 Judgment which provid...

Excerpt: ...iff. Plaintiff also sued Defendants SCC Enterprises (Sequoia), Southern California Edison (SCE) and the owners of the rental, Norman and Martha Faucett. Specifically, the complaint alleges: “The defendants negligently allowed a dog to escape a backyard by bursting a pipe in the backyard of the property owner, taking down the side fence to allow access to the backyard, and failing to replace the fence once work for the evening had ended, allowin...

Excerpt: ...on to (1) and (2) Plaintiffs are the owners of property located at 43674 North Fork Dr (“Kiresich Property.”) (Complaint ¶1.) Defendants are the owners of adjacent property located at 43672 North Fork Dr (“Charles Property.”) (Complaint ¶2.) Plaintiffs have lived at the Kiresich Property since 1997. (Complaint ¶9.) At the time Plaintiffs moved in, a metal chain link fence separated the Kiresich Property and the Charles Property. (Compl...

Excerpt: ... addresses most of the issues raised in the demurrer and motion to strike. The Court notes Defendants' demurrer to the first cause of action on the basis that no FEHA cause of action lies against individual defendants. The Defendants also demurrer to the seventh cause of action for intentional infliction of emotional distress on the basis that the public entity Defendants City of Porterville and Porterville Police Department are immune (as well a...

Excerpt: ...8, 2021, it became owner of the Subject Property by purchasing it at a trustee's sale held in compliance with California Civil Code section 2924. (Complaint ¶ 3.) Plaintiff alleges that title on the Subject Property pursuant to the foreclosure sale has been duly perfected in Plaintiff's name as of February 25, 2022, the date of recordation. (Complaint ¶ 3; Exhibit A) On September 8, 2022, Defendant Ronald Osburn filed three motions: (1) Motion ...

Excerpt: ...parties and issue a ruling in writing. (1) Facts This motion was filed November 23, 2022 for a hearing date of December 6, 2022. Plaintiff specifically seeks relief from this Court's order on November 14, 2022, granting Defendant County of Tulare HHSA's ex parte application for dismissal for Plaintiff's failure to timely file a second amended complaint after the Court's sustained the County's demurrer with a narrow granting of leave to amend. The...

Excerpt: ...ancement award, and class certification for settlement purposes came on for hearing on December 6, 2022. The court finds and rules as follows: On August 29, 2022, the settlement administrator, Phoenix Settlement Administrators, received a mailing list of 226 potential class members from Defendant's counsel with names, contact information, social security numbers and relevant employment information. The settlement administration processed the list...

Excerpt: ... overtime compensation, failure to provide meal periods, failure to authorize and permit rest periods, failure to pay minimum wage, failure to timely pay wages, failure to provide accurate wage statements, failure to maintain accurate time and payroll records, and failure to reimburse necessary business‐related expenses. (Complaint ¶1.) Plaintiff indicates all causes of action are “brought as a class action on behalf of himself and similarly...

Excerpt: ...ce with the applicable claim's statute. An unstamped liability claim report attached to the complaint and addressed to the Clerk of the Board of Supervisors indicates an incident date of February 27, 2012 and the date of the claim as August 31, 2022. The County brings this demurrer under a number of theories, including failure to timely bring a government claim and expiration of the applicable statute of limitations, and the presence of another c...

Excerpt: ...operty.”) Plaintiff is the owner and operator of Sierra Mobile Village, where the Subject Property is rented by named Defendant Marcelino Manriquez. The proof of service of the 3‐day Notice to Pay Rent or Quit / 60‐day Notice to Terminate Possession (“Notice”) was purportedly served personally on named Defendant Marcelino Manriquez on August 12, 2022. Thereafter, the complaint and summons were purportedly served by personal service on n...

Excerpt: ...operty.”) Plaintiff is the owner and operator of Sierra Mobile Village, where the Subject Property is rented by named Defendant Marcelino Manriquez. The proof of service of the 3‐day Notice to Pay Rent or Quit / 60‐day Notice to Terminate Possession (“Notice”) was purportedly served personally on named Defendant Marcelino Manriquez on August 12, 2022. Thereafter, the complaint and summons were purportedly served by personal service on n...

Excerpt: ...Funtila. Petitioner now brings a petition to approve the compromise of a settlement offer to the minor child. According to the Petition, on January 10, 2019, Claimant was a passenger in a motor vehicle that was rear ended by Defendant Valerian Domingo, who was driving the vehicle with the permission of Defendants Rosie Acosta and Melissa Omos. (Petition at 5.) Injuries The Claimant had no immediate or residual damages or injuries from the acciden...

Excerpt: ... on October 31, 2022, granted judgment for possession for Plaintiff after trial, cancelled the rental agreement, issued the writ immediately, and awarded $1,794.07 to Plaintiff. Defendant Lockard did not appear at trial and the judgment indicates Defendant was properly served with notice of trial. Defendant Lockard seeks relief from the judgment and/or a stay of execution of the judgment. In support, Defendant states “I gave the wrong address, ...

Excerpt: ...an Resources Representative from the firm Defendant employs to provide human resource services to Defendant. Mr. Andalon indicates he held this position during Plaintiff's employment period, that his company has maintained its standard protocol for presenting employment polciies, including the arbitration agreement in Spanish if necessary and that he personally presented and went over the arbitration agreement with Mr. Rodriguez at his time of hi...

Excerpt: ... on October 31, 2022, granted judgment for possession for Plaintiff after trial, cancelled the rental agreement, issued the writ immediately, and awarded $1,794.07 to Plaintiff. Defendant Lockard did not appear at trial and the judgment indicates Defendant was properly served with notice of trial. Defendant Lockard seeks relief from the judgment and/or a stay of execution of the judgment. In support, Defendant states “I gave the wrong address, ...

Excerpt: ...an Resources Representative from the firm Defendant employs to provide human resource services to Defendant. Mr. Andalon indicates he held this position during Plaintiff's employment period, that his company has maintained its standard protocol for presenting employment polciies, including the arbitration agreement in Spanish if necessary and that he personally presented and went over the arbitration agreement with Mr. Rodriguez at his time of hi...

Excerpt: ...n November 14, 2022, granted judgment for possession only for Plaintiff. The writ of execution was issued on November 15, 2022. Defendant Victor Ramirez provides no basis under Code of Civil Procedure section 473 to vacate the judgment after trial and appears to argue a potential defense regarding payment of rent to Juan Ramirez, a non‐party to this action as well as payments for repairs alleged to the property. Although Defendant Victor Ramire...

Excerpt: ...15‐year‐old Ruben and (2) 14‐year‐old Rudy is Tammy Esparza, guardian ad litem and mother of both claimants. (Petitions at 1, 2.) Petitioner brings these petitions to approve the compromises of settlement offers to the two minor children. (Petitions at 1, 2.) This matter involves an automobile accident. On or about April 23, 2022, Petitioner was driving a vehicle containing minors Ruben and Rudy, as well as another passenger, when Defenda...

Excerpt: ...to fixed term one year lease with $800 due per month commencing October 21, 2021. (Complaint ¶ 6.) The Court notes the attached rental agreement appears to provide for a month to month lease commencing September 8, 2021, is unsigned by the Defendant. (Complaint Pages 6‐9.) The Court also notes an attachment purported to be a letter from the Housing Authority of Tulare County indicating the anniversary date of the lease on the Subject Property ...

Excerpt: ... (2) To grant the motion; to compel arbitration as to the Class Action Case and as to the individual claims of Plaintiff Leija in the PAGA Case; to strike the class allegations; to stay the Class Action Case pending arbitration; to stay the representative portion of the PAGA case pending arbitration and the California Supreme Court's decision Adolph v. Uber Technologies, S274671, 2022 Cal. LEXIS 5021. (1) Facts Plaintiff seeks leave to amend the ...

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: ...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: ... 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: ...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: ...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: ...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: ... 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: ...(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: ...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: ...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: ... 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: ...h leave to amend; to grant the Court's own motion to strike as to allegations of conduct between the time period of June 18, 2013 and July 15, 2015 and references thereto in in paragraphs 9, 12, 13, 14, 15, 16, 17, 36, 42, and 44 based upon res judicata. Facts Common to (1) and (2) Defendants Pleasant Valley Canal Company, Richard Waller and Roger Patterson (collectively “PVCC”) demur to the operative first amended complaint filed in this mat...

Excerpt: ...nrelated to the qualified medical examination related to the workers compensation claim or those that would fit an exception to the exclusivity rule. As noted, this case involves alleged acts by Defendant Dr. Micah Hoffman, a worker's compensation qualified medical examiner who performed a psychiatric evaluation of Plaintiff Samreen Riaz arising out of her workers compensation claim. The causes of action in the second amended complaint include: (...

Excerpt: ...ore, the Court preliminarily approves the settlement as indicated herein. The final approval hearing is set for March 28, 2022, 8:30 am in Department 7. 1. Sufficiency of Amount of Settlement (Net Estimated: $118,250) The gross settlement amount is $275,000. Plaintiff estimates approximately 576 proposed Class Members, providing an estimated average payout of $205.30 per member. The Class Members consist of all current and former hourly‐paid or...

Excerpt: ... (6) Vicarious Liability; (7) Defamation; (8) Deprivation of Civil Rights under 51 (Unruh Act); (9) Personal Injury; (10) Intentional Infliction of Emotional Distress; (11) Retaliation in Violation of Labor Code §1102.5/Health & Safety Code sec. 1278.5(b)(1); (12) Disability Discrimination; (13) Assault and Medical Battery; (14) False Imprisonment; (15) Depravation in Violation 42 U.S. Code § 1983—Civil Action for Deprivation of Rights; (16) ...

Excerpt: ...t'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 Facts Plaintiff's first amended complaint alleges a number of causes of action against Defendants City of Visalia, Jason Salazar, Sergio Pineda, Marisa Burkdoll, Nathan Berry, Nicholas Fistolera, Luma Fahoum, Damon Maurice and “Defendant Velverde” (hereinafter collectively “...

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 ...

Excerpt: ...led this lawsuit against his former employer, Defendant Setton Pistachio of Terra Bella, Inc. Thereafter, Plaintiff filed the operative First Amended Complaint alleging a single cause of action under the Private Attorneys General Act, Labor Code section 2698, individually and on a representative basis, for a number of Labor Code wage and hour violations. Defendant Setton removed this case to the district court and did not initially move to compel...

Excerpt: ...filed this lawsuit in September 2020 against ABLP Properties Visalia, LLC (“ABLP”), ABLP REIT LLC (“ABLP REIT”), Jerry Sanada and Bruce Sanders, amongst other defendants for breach of contract, wrongful foreclosure, fraud, breach of covenant of good faith and faire dealing, slander of title, and intentional interference with prospective economic relationship based upon a loan from ABLP REIT in January 2017. The Court notes Plaintiff Gonza...

Excerpt: ...e moving papers and declarations that are already on file with the court. The hearing on this matter is continued to October 18, 2022 at 8:30 a.m.in Department 7 of this court. 1. Sufficiency of Amount of Settlement (Net Estimated: $249,250) The gross settlement amount is $450,000. Plaintiff estimates approximately 51 proposed Class Members with an average payment of approximately $4,887. The Class Members consist of all “non‐exempt employees...

Excerpt: ...is motion August 15, 2022. The opposition was filed on August 31, 2022. The court sustains objections 3, 5, 8, 9, 13, 14 (both), 15 (both) 16, 17, 18, 19, 20, 21, 22 and overrules the balance of the objections. The Court notes that the motion seeks relief “on the grounds of extrinsic fraud and inadvertence omitting an express contract provision in the Contract between the City of Dinuba (“City”) and Yamabe and Horn Engineering, Inc. (“Yam...

Excerpt: ... Class Members, providing an estimated average payout of $ 134.86 per member. The Class Members consist of: “All current and former non‐exempt employees of Defendant Juan C. Gutierrez dba J.C. Gutierrez Labor Service in California who were subject to Wage Order 14 and worked at least one day performing work for Defendant Visalia Citrus Packing Group, Inc., at any time during the period of March 23, 2017, to April 18, 2022” Plaintiff has set...

Excerpt: ...ack of conflict of interest declaration from Defendant and counsel. Counsel for Plaintiff has submitted a number of supplemental declarations addressing these issues. Accordingly, the motion to approve the settlement pursuant is approved. The final approval hearing on this matter is set to March 14, 2023 at 8:30 a.m.in Department 7 of this court. 1. Class Notice Objections or opt out notices are to be made within 60 days. The Court regularly appr...

Excerpt: ...rial was set for April 26, 2022 at the September 16, 2021 case management conference, Defendant Edward was present and formal notice of trial date was waived. (Minute Order September 16, 2021.) Defendant Edward did not attend trial and indicates he had a criminal court hearing on the same day, at the same time, in Porterville. Plaintiff prevailed at trial. On May 3, 2022, Plaintiff served a notice of entry of judgment. On July 15, 2022, Defendant...

Excerpt: ... the amount of $2,206.98. Defendant answered the complaint on March 8, 2022. On June 13, 2022, Plaintiff moved this Court to deem admitted requests for admissions, set one, numbers 1 through 10. On July 12, 2022, the Court adopted its tentative ruling, deeming admitted the truth of each matter specified in requests for admissions numbers 1 through 10. These requests, now admitted, are as follows: “1. That Defendant opened an account (2657) with...

Excerpt: ...duty; to overrule the demurrer as to 1) negligence, (2) negligent supervision, (3) negligent hiring/retention, (5) intentional infliction of emotional distress. (2) To grant the motion to strike as to “12” regarding the prayer for interest; to deny the motion to strike on the remaining categories finding the allegations either relevant or moot by the ruling on demurrer. Facts Common to Both Motions Plaintiff Anna Rsa II Doe sues Dinuba Unifie...

Excerpt: ...y; to overrule the demurrer as to 1) negligence, (2) negligent supervision, (3) negligent hiring/retention, (5) intentional infliction of emotional distress (2) To grant the motion to strike as to “12” regarding the prayer for interest; to deny the motion to strike on the remaining categories finding the allegations either relevant or moot by the ruling on demurrer. Facts Common to Both Motions Plaintiff Anna Rsa Doe sues Dinuba Unified Schoo...

Excerpt: ...urred at approximately 12:30 a.m., on August 28, 2019, at the Pilot truck stop located in Tulare. (UMF No. 3.) Plaintiff was asleep inside the sleeper area of his vehicle when his vehicle was struck by defendants' vehicle. (UMF No. 4.) Plaintiff woke up because of a loud sound, described as a “bam,” and his truck was shaking. (UMF No. 5.) The parties dispute what exactly occurred next. Defendant states Plaintiff got up and look outside his bl...

Excerpt: ...ourt. Accordingly, the motion to approve the settlement pursuant is preliminarily denied without prejudice. The hearing on this matter is continued to September 27, 2022 at 8:30 a.m.in Department 7 of this court. 1. Sufficiency of Amount of Settlement (Net Estimated: $118.250) The gross settlement amount is $275,000. Plaintiff estimates approximately 576 proposed Class Members, providing an estimated average payout of $205.30 per member. The Clas...

Excerpt: ...m being struck by a pickup truck as a pedestrian on January 14, 2021. (Declaration of John Shaller (“Shaller Decl.”) ¶3.) Specifically. Plaintiff suffers from “significant, traumatic brain injury; traumatic subdural hemorrhage with loss of consciousness; and a femoral neck fracture, which required an open reduction and internal fixation (ORIF) procedure and percutaneous pinning.” (Shaller Decl. ¶3.) Plainitff seeks monetary damages. Pla...

Excerpt: ...is agreement and enter a judgment for any unpaid amounts along with statutorily allowable interest and attorney's fees.” The settlement provided for a payment of $30,000.00 split into two lump sums of $15,000.00 each. Payments were due on May 10, 2021, and May 10, 2022. Plaintiff received the first settlement payment. However, Plaintiff has not received the second settlement payment, despite reminders to and discussions with opposing counsel. T...

Excerpt: ... this demurrer, the following: “13. PETS: Unless otherwise provided in California Civil Code § 64.2, no animal or pet shall be kept on or about the Premises without Landlord's prior written consent, except: none allowed.” On July 19, 2022, Plaintiff served Defendants with a three‐day notice to quit (Notice) alleging fraud and/or intentional misrepresentation as to the intent to keep animals on the Subject Property. The Notice states the le...

Excerpt: ...) The Court previously preliminarily approved the gross settlement of $750,000 as fair and reasonable. 2. Class Notice Objections or opt out notices are now to be made within 60 days. The class notice period is approved. The Court previously approved the content of the Notice. 3. Enhancement Awards to Class Representatives The court previously preliminarily approved Plaintiffs Ramirez, Villasenor, Flores, Saevang and Gutierrez as the Class Repres...

Excerpt: ...ants pursuant to Code of Civil Procedure section 579.” The court further orders plaintiff Samuel Franks appear at the hearing on this motion to discuss service on the remaining defendants in this action and further proceedings as to those defendants. Background Plaintiff Samuel Franks filed a complaint to set aside an alleged fraudulent transfer of interests in real property at 304 East Beacon Street, in Tulare (first cause of action), to quiet...

Excerpt: ...parties need not file for a second time the moving papers and declarations that are already on file with the Court. Accordingly, the motion to approve the settlement pursuant is preliminarily denied without prejudice. The hearing on this matter is continued to September 13, 2022 at 8:30 a.m. in Department 7 of this Court. 1. Sufficiency of Amount of Settlement (Net Estimated: $97,000) The gross settlement amount is $225,000.00 Plaintiffs estimate...

Excerpt: ...nth, fifteenth, sixteenth and seventeenth; Plaintiff shall have ten (10) days to file an amended complaint; (2) To find the motion to strike moot based on the ruling on demurrer. Facts As to moving party Defendant Lloyd Benjamin (“Dr. Benjamin”), the following facts are directed specifically at him from the complaint. Plaintiff alleges she was brought to the emergency department at Kaweah Delta Medical Center on a Welfare & Institutions Code ...

Excerpt: ...ct Property”) in 2006. (First Amended Complaint (“FAC”) ¶13.) Plaintiff and her family resided at the Subject Property since 2006, and was financially responsible for the Subject Property, “paying all property taxes, trash/water, utility payments and maintenance.” (FAC ¶ 14.) Alfonso passed away and his son, Defendant Jason Elizondo, is alleged to have told Plaintiff he needed more money to finalize the sale of the Subject Property to...

Excerpt: ...ns Capital Management, Richard F. Seamans, Eleanor Mulvaney Seamans; to grant the motion as to Aequion, LLC; to order Defendants Seamans Capital Management, Richard F. Seamans, Eleanor Mulvaney Seamans file a responsive pleading no later than ten (10) days from this hearing; (2) To sustain the demurrer with leave to amend as to the tenth cause of action only. Background Facts Plaintiff sued Aequion, Inc. for various labor code violations, unfair ...

Excerpt: ...e Tulare County Clerk as an elisor if the reconveyance is not signed during that time period. Facts This motion follows entry of judgment following the jury's verdict in favor of Plaintiff which found the obligation of Plaintiff to Defendants was usurious. Plaintiff is entitled to a credit of $5,684.00 paid in 2017 against the principal amount of $35,854.00 as found at trial. Defendants' cross‐complaint was dismissed via Plaintiff's motion for ...

Excerpt: ...session. The Court notes a signed proof of service indicating service through mailing and posting occurred on April 18, 2022 as to the summons and complaint. The complaint notes service of the three‐day notice in support of the complaint on March 10, 2022. On May 17, 2022, default judgment was entered as to Defendant Jackson as to possession only and a writ of possession was issued. On June 13, 2022, Defendant filed a motion to set aside the ju...

Excerpt: ...ied as Gustavo Garcia stole three boxes of 9mm ammunition from a Walmart store in Tulare, CA. The ammunition was stolen from a display case which the parties dispute was locked or otherwise required assistance to access. Plaintiff alleges that, on the following day of December 17, 2018, Gustavo Garcia murdered Rocky Paul Jones. The parties do not dispute Jones died as a result of a gunshot wound to the back, at the hands of another, and that Jone...

Excerpt: ...il 1, 2022, Plaintiff moved this Court to deem admitted requests for admissions, set one, numbers 1 through 11. On May 10, the Court adopted its tentative ruling, deeming admitted the truth of each matter specified in requests for admissions numbers 1 through 11. These requests, now admitted, are as follows: “1. YOU admit that YOU applied for the credit card ACCOUNT with DISCOVER BANK. 2. YOU admit that YOU received a Cardmember Agreement, for ...

Excerpt: ...fendant and Judgment Debtor as “Maria Soto aka Laura M. Tapia aka Maria Delatoba Desoto.” The address identified is “1090 Hamlin Way Lindsay, CA 93247.” The total renewed judgment sought is $9,016.12. Moving Party, Espinoza, identifies herself in her motion as “Maria Guadalupe Delatoba Espinoza” and states she is not the named defendant in the judgment entered in this matter and “was never served with process.” (Declaration of Esp...

Excerpt: ...hereby it was adjudicated that Plaintiff Luz E. Diaz‐Magana, Defendant Eduardo Diaz and Defendant Roberto Diaz respectively owned one third, as tenants in common, of 395 North Homassel Avenue, Lindsay, Tulare County, California, (hereinafter “Subject Property.”) It was determined that sale and division of proceeds would be more equitable than division in kind of the Subject Property. It was further determined that Plaintiff was appointed as...

Excerpt: ...pled only a cause of action against Watts for negligent interference with prospective economic relations. Jason Watts was the City of Dinuba engineer at the time of the November 27, 2019 rain incident. (Undisputed Material Fact (“UMF”) No. 1.) Plaintiff EFW's contract incorporates the terms of the Notice of Inviting Bids, Bid Proposal, Contract, Specifications, and Special Provisions (“Specifications”), which provide that EFW is liable fo...

Excerpt: ...of child abuse involving plaintiff. Plaintiff alleges related claims against the County for negligent hiring, supervision and/or retention of employees, and for negligence/negligence per se. Plaintiff moves for summary adjudication (1) as to “mandatory duties” owed by the County to plaintiff under provisions of the Welfare and Institutions Code, Penal Code and regulations of the California Department of Social Services; (2) as to “any affir...

Excerpt: ...ntract regarding a brokerage agreement entered into by the parties in 2019. Plaintiff alleges damages in the amount of $35,969.92. Plaintiff filed a proof of service of the summons and complaint on Defendant Food For Athletes, Inc, a corporation by substitute service. The proof of service, executed by a registered process server, indicates that, on August 4, 2021, the documents were left with “Jeff Doe” who was apparently in charge at 1147 N....

Excerpt: ...ing. The parties need not file for a second time the moving papers and declarations that are already on file with the court. Accordingly, the motion to approve the settlement pursuant is preliminarily denied without prejudice. The hearing on this matter is continued to August 18, 2022 August 18, 2022 in Department 7 at 8:30 a.m. Case management conference is likewise continued to August 18, 2022 in Department 7 at 8:30 a.m. 1. Sufficiency of Amou...

Excerpt: ... notice to pay rent or quit was served on June 16, 2022 by personal service on Defendants, including moving party Silva. On June 29, 2022, the complaint was filed. On July 7, 2022, Plaintiff filed a proof of service of the complaint and summons indicating personal service on Defendant Silva occurred on July 1, 2022. On July 12, 2022, default judgment was entered, and the writ of possession was issued. On July 14, 2022, Defendant Silva filed this ...

Excerpt: ...ty on the contract and the corresponding award of attorneys' fees. Civil Code section 1717 provides, in relevant part: “In any action on a contract, where the contract specifically provides that attorney's fees and costs, which are incurred to enforce that contract, shall be awarded either to one of the parties or to the prevailing party, then the party who is determined to be the party prevailing on the contract, whether he or she is the party...

Excerpt: ...o response has been received by Plaintiff. Plaintiff now seeks to deem admissions nos. 1 through 10 admitted. Authority and Analysis Code of Civil Procedure section 2033.280 states that if a party to whom requests for admissions have been directed fails to serve a timely response, the propounding party may move for an order that the truth of any facts specified in the requests for admissions be deemed admitted. Here, Defendant has failed to serve...

Excerpt: ...nal distress and negligent infliction of emotional distress against Defendant Brian Soares. Plaintiff alleges, generally, that Defendant hit and kicked Plaintiff causing injury on December 10, 2019. Plaintiff filed this action September 10, 2021. Defendant was served personally December 6, 2021 and answered February 4, 2022. Defendant now seeks leave to file a compulsory cross‐complaint for assault, battery negligence, intentional infliction of...

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...