Excerpt: ...c Defendants seek to compel arbitration of Plaintiffs individual PAGA claims and stay the representative PAGA claims pending arbitration pursuant to Plaintiff's hand-signed arbitration agreement. Facts as to Agreement to Arbitrate In support, Defendants provide the declaration of Reyes who indicates that she personally managed Plaintiff from 2016 through 2022 at the Visalia location and on February 5, 2021, she personally presented the arbitratio...

Excerpt: ...verruled. Background Facts This complaint involves class actions claims by Plaintiff for various wage and hour Labor Code violations and unfair business practices under Business and Professions Code section 17200 against Defendants Genova Management Group LLC, Milano Restaurants International Corp., Me-N-Ed's Pizzerias, Inc. Defendants seek to compel arbitration of Plaintiff's individual claims, enforce a class action waiver and dismiss Plaintiff...

Excerpt: ... Property." ) The Court notes this is an achon after the purchase of the Subject Property in 2021. (Complaint 99.) The verified complaint alleges that on or about May 8, 2023, Plaintiff learned that Defendants had begun unlawfully occupying the Subject Property, including inside the residential structure thereon, on the preceding weekend (May 5 - 6, 2023). (Complaint 911.) The complaint further alleges Defendants have refused to leave, have start...

Excerpt: ...ference approximately six months from this hearing to April 9, 2024, 8:30 am, Dept. 7. On February 22, 2023, Plaintiff filed this action for failure to prevent harassment by non-employee and retaliation in violation of FEHA against, at all relevant times, her employer Defendant Twin Oaks Assisted Living LLC. (Complaint 98.) Plaintiff alleges that a live-in resident of the facility, former Defendant Faiman committed sexual battery and intentional ...

Excerpt: ...peline located on Defendants' property. Plaintiff alleges causes of action for declaratory relief as to its easement, injunctive relief and for trespass. Plaintiff sought, and this Court entered, an ex parte temporary restraining order preventing Defendants from interfering with Plaintiff's water easement on August 7, 2023. The Court set this matter for the current hearing as to an order to show cause as to the entry of a preliminary injunction. ...

Excerpt: ...oss settlement amount is Plaintiff estimates approximately 110 proposed Class Members, providing an estimated average payout of $335 per member. The Class Members consist of: all current and former non-exempt, hourly-paid employees who worked in California for Central Valley Recovery Services, Inc. ("Defendant"), at any time during the period from January 26, 2018 through August 15, 2023 The operative complaint alleges (1) failed to pay overtime ...

Excerpt: ...f emotional distress involving Plaintiff's employment. Defendants Aequion lnc„ Seamans Capital Management, Richard F. Seamans, Eleanor Mulvaney Seamans, and Aequion, LLC were alleged to be Plaintiff's "employers." (Complaint 4-8.) Plaintiff was employed by initially by EMOH Company LLC, which then became Aequion LLC in 2018 and later was incorporated into Aequian, Inc. in August 2019. Plaintiff generally alleges he was not paid his full wages, ...

Excerpt: ...tiffs' decedent, Gary Franks, Sr., after he fell and hit his head at home, by failing to timely diagnose and treat a subdural hematoma when he presented to Kaweah Health Medical Center on January 21, 2021, resulting in his death. (UMF Nos. 1, 15, 31.) Plaintiffs' decedent, Gary Franks, Sr., died on January 24, 2021. (UMF Nos. 8, 22, 39.) Plaintiffs filed this complaint on February 22, 2022 for as single cause of action for wrongful death based on...

Excerpt: ...ks, amongst other relief, an order determining two real properties—one in Tulare, the other in Modesto—and certain entity ownership interests are assets of the estate of Gilberto Cortez. Colin, who claims to have purchased the Modesto property, demurrers to the petition on various grounds. Colin's demurrer implicates a limited set of the broader collection of allegations in the petition—those bearing on the Modesto property he claims to law...

Excerpt: ...trict ("VUSD.") In sum, the Court previously found that the first amended complaint generally alleging compliance with the Tort Claims Act as to VLJSD. However, more specific allegations of the first amended complaint, as well as VUSD's request for judicial notice of Plaintiff's prior opposition to demurrer that claims appear to have been presented to the City of Visalia and County of Tulare, contradicted that general statement and the Court sust...

Excerpt: ...uling sustaining the demurrer with leave to amend was based on Plaintiff's filing of this action on January 25, 2023, which the Court found to be over 90 days from the October 25, 2022 written notice of rejection of Plaintiffs claim against the estate of Decedent Christopher Mason pursuant to Probate Code section 366.2 The presentation of the underlying claim to the estate, the rejection thereof and the filing of this case are not in dispute. Pla...

Excerpt: ...September 1, 2023, Plaintiff filed this moton to reconsider and for leave to file an amended complaint. Authority and Analysis Though Plaintiff does not indicate a statutory basis for this motion, the motion references reconsideration. Code of Civil Procedure section 1008, states: "(a) 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 p...

Excerpt: ... The Court intends to inquire as to the status of this deposition and whether the motion for protective order has been rendered moot. Plaintiff alleges she was a foster child in the care and custody of the County of Tulare. Plaintiff alleges she was placed with a foster family where she was sexually abused as a minor. Plaintiff took the deposition of the County's PMQ on August 16, 2023 including topics for the time period 1993 through 1995. The C...

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...