Excerpt: ...orporation under the name "H & K, Inc." and states that the Plaintiff has been suspended by the Franchise Tax Board. Defendant provides a declaration detailing efforts to verify "H & K, Inc." In opposition, Plaintiff does not address this issue at all, but provides a summary of its argument in support of the complaint and of California community property law. Plaintiff does not provide any information or evidence as to the status of "H & K, lnc" ...

Excerpt: ...der; (2) To stay the litigation, including the demurrer, pend-ng the outcome of the reasonable probability determination under sections 391.1, 391.2 and 391.3. (1) Motion to Deem Plaintiff a Vexatious Litigant Defendant moves to declare Plaintiff Fraizer a vexatious litigant under Code of Civil Procedure sections 391, 391.1. 391.3 and 391.7 based on the continued relitigation of the same cause of action, claim and issues of fact and law that have...

Excerpt: ... multiple repair visits without successfully remedying the issue. Plaintiff, on February 14, 2022, filed this Song Beverly achon for breach of express and breach of implied warranties. Plaintiff propounded written discovery on GM, consisting of 37 requests for admissions, 46 requests for production of documents, 49 special interrogatories and 27 form interrogatories. The parties disagreed as to the sufficiency of GM's responses and Plaintiff file...

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