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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Excerpt: ...rillwitz (“Defendants.”) Defendants successfully moved to compel this matter to arbitration on February 8, 2022. The Court notes that the arbitration agreement states, as to selection of the arbitrator: “The arbitrator shall be selected by mutual agreement.” Additionally, the agreement is expressly governed by the Federal Arbitration Agreement (“FAA.”) Further, the agreement contains a delegation clause as follows: “EXCEPT AS PROVID...

Excerpt: ...iation of these proceedings on November 24, 2018. Background 1. The trusts Douglas Jr.'s will provided for distribution of his estate upon his death to an irrevocable testamentary trust known as the “Marital Trust of Douglas Cox, Jr.” Douglas Jr. died in 1984, and his estate was administered in probate, which was completed in 1986. The trust was funded on probate of Douglas Jr.'s estate. As relevant here, the order for final distribution prov...

Excerpt: ...for final approval of class action and PAGA settlement, attorneys' fees, costs, enhancement award, LWDA payment and class certification for settlement purposes came on for hearing on June 14, 2022. The court finds and rules as follows: On February 18, 2022, the settlement administrator, Phoenix Settlement Administrators received a mailing list of 81 potential class members from Defendant's counsel with names, contact information, social security ...

Excerpt: ... which are currently removed 3. 1929 Dodge Brother's Doctor's Coupe valued at $2,500.00 (Complaint ¶3) Plaintiff alleges that Defendant's now deceased husband, in or about 2007, made an agreement with Plaintiff wherein he would restore and refurbish Plaintiff's vehicles. (Complaint ¶¶ 6, 7.) Work on the Camaro commenced at this time, while the Dodge was placed in a Seatrain container located at 22824 Road 178, Porterville, California. (Complai...

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

Excerpt: ...intiff has filed a first amended complaint for negligence, negligent supervision, negligent retention, sexual harassment and violation of the Bane Act. The proposed deponent, Sherry Perry, is alleged to have been responsible for coaching the academic decathlon team, recruiting Stanley and supervising both Stanley and Plaintiff. Ms. Perry has been a resident of Australia for the past five years and is currently a resident of Kensington, Australia....

Excerpt: ...1. Sufficiency of Amount of Settlement (Net Estimated: $457,000.00) The gross settlement amount is $1,200,000.00. The Class Members consist of: “All current and former hourly‐paid, non‐exempt employees of Defendant who worked in the State of California at any time from January 7, 2017 through August 31, 2021.” Plaintiffs estimate approximately 1,250 proposed Class Members with an average payment of approximately $365.60 each. The individu...

Excerpt: ... for breach of contract, wrongful foreclosure regarding both the Douglas Ave. property and Lewis Lane property intentional misrepresentation, breach of covenant of good faith and fair dealing, slander and intentional interference with prospective economic advantage. In support, Defendant sets forth the following undisputed material facts. Arnulfo Gonzalez's first cause of action for breach of contract is based upon the January 27, 2017 Note Secur...

Excerpt: ...for possession for Plaintiff after trial, cancelled the rental agreement, issued the writ immediately, and awarded $1,917.24 to Plaintiff. Defendant Jones now brings this ex parte motion to vacate judgment and stay execution of judgment. In support, Defendant states she was late to the trial date due to road construction and arrived minutes after the judgment was entered. Defendant states defenses including “rent increase. Verbal promise to all...

Excerpt: ...forceable as against Plaintiffs by Defendant Plum. The Court notes that both Plaintiffs' arbitration agreements are expressly governed by the Federal Arbitration Act. Pursuant to the Court's order, Plaintiffs indicate they initiated arbitration in July 2021. Plaintiff Suastegui filed her arbitration demand with AAA and Plaintiff Gillespie filed her arbitration demand with JAMS, pursuant to their respective agreements. While initial fees were paid...

Excerpt: ...el may appear in any manner as to this motion. (1) Facts The lawsuit arises from reroofing work on the City of Dinuba's police station and courthouse, performed by Plaintiff Eagle Fire and Water Restoration, Inc. (“EFW”). On January 13, 2021, Plaintiffs Akop Elechyan, Bella Gasparian, and EFW filed the instant lawsuit, naming the City of Dinuba and Jason Watts (“Watts”) as defendants. Elechyan is EFW's principal, executed EFW's contract w...

Excerpt: ...rmative defenses. It is completely blank other than the caption and signature. Plaintiff now brings this motion for judgment on the pleadings on the basis that the answer fails to state facts sufficient to constitute a defense. Plaintiff's motion states “Since there is nothing in the answer that states any legal defense whatsoever, the answer should be disregarded and judgment should be entered for Plaintiff.” This suggests, to the Court, tha...

Excerpt: ...has sued the County of Tulare, as well as multiple individually named Defendants, including Heriberto Martinez for failure to investigate and provide emergency responsive services. Plaintiff states that Defendant Martinez is the chief liability witness. Plaintiff mutually set the deposition approximately four times without success, including on April 5, 2022, where Defendant failed to appear at the deposition. In opposition, Defendant states he h...

Excerpt: ... U.S.C. § 1985; 2) Deprivation of Civil Rights under 42 U.S.C. § 1983; 3) Deprivation of Civil Rights under State Code §§ 51 (Unruh Act) and 52.1; 4) Taxpayer Suit to Prevent the Illegal Expenditure of Funds (Code of Civ. Proc. 526a; 5) Failure to Take all Reasonable Steps to Prevent Discrimination; 6) Harassment and Hostile Environment; 7) Unlawful Retaliation: Labor Code § 1102.5 (Whistleblower Law); 8) Battery; 9) Assault; 10) Negligence;...

Excerpt: ...on October 25, 2021. The notice is directed at “Antonio Hauracha & to all other residents or occupants.” Plaintiff filed this action on February 2, 2022, naming Defendant Hauracha. Plaintiff served the summons, complaint, cover sheet, and prejudgment claim of right of possession on Defendant Huaracha and on “All Unknown Occupants in Possession” on February 12, 2022 at 12:54 pm by substituted service on Jesus Hauracha “co‐resident,” ...

Excerpt: ...ts appealed from the DLSE judgment to the Tulare Superior Court on February 9, 2018. Defendants, in compliance with Labor Code section 98.2(b), filed an undertaking in cash in the amount of $72,377. Trial was in March 2019. The Court found a lack of an employer/employee relationship, entered judgment on all claims of Plaintiff and ordered the bond released. This Court signed the proposed judgment and proposed order for release of the bond on Apri...

Excerpt: ...Garcia), and Sumruld Garcia, Inc., identified in the complaint as a “family business.” Davis alleges the defendants issued a “bad check” from a Sumruld Garcia business account for sums allegedly agreed to be paid for legal services. Based on this allegation, Davis alleges a first cause of action for breach of contract, a second cause of action on various common counts, a third cause of action for fraud, and a fourth cause of action for ge...

Excerpt: ... retaliation as to the allegations of “insurance fraud, waste of resources recruited pt base, privacy breach, civil rights violations, harassment.” Plaintiff shall have 10 days to amend this cause of action and these specific issues. The Court overrules the demurrer as to the second cause of action for retaliation as to the OSHA issue. This mirrors the Court's first ruling on demurrer. The Court overrules the demurrer as to the third through ...

Excerpt: ...ions of Business and Professions Code section 17200, based on their purchase of a 2022 Honda Civic. On March 28, 2022, Defendants filed a demurrer to the fourth cause of action. Authority and Analysis A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) When considering demurrers, courts read the allegations liberally and in context, accepting the alleged facts as true. ...

Excerpt: ...ustee, appointing a successor trustee, dismissing the petition and retaining jurisdiction under Code of Civil Procedure section 664.6 to enforce the terms of the settlement agreement attached to the order. The material terms at issue are found in section 4.1 of the Settlement Agreement. Pursuant thereto, Respondents shall pay Petitioners $750,000.00 in installments as follows: 1) 75% of the net proceeds of the sale of 20650 Agnes Lane, which “s...

Excerpt: ...r coordinating the actions under Code of Civil Procedure section 403 and further “order the cases consolidated for trial pursuant to Section 1048 without any further motion or hearing.” (Code Civ. Proc. § 403.) Facts This matter involves two cases, one whose venue is Tulare and the other Merced. In or around June 2019, Plaintiff Victor Lopez (“Plaintiff”) was hired by Defendant Kulwant Gadri dba Gadri Farms (“Gadri”) as a driver. Pla...

Excerpt: ...are already on file with the court. The Court does grant the leave requested to file the First Amended Complaint and deems it filed as of the date of this hearing. Accordingly, the motion to approve the settlement pursuant is preliminarily denied without prejudice. The hearing on this matter is continued to May 31, 2022 at 8:30 a.m.in Department 7 of this court. Case management conference is likewise continued to May 31, 2022 at 8:30 a.m. in Depa...

Excerpt: ...ward, LWDA payment and class certification for settlement purposes came on for hearing on April 26, 2022. On September 15, 2022, the settlement administrator, Phoenix Settlement Administrators, received a data file of 95,724 potential class members from Defendant's counsel. However, Defendant did not have addresses for 59,287 of the 95,724 settlement class members and the administrator was unable to locate alternative address information for thos...

Excerpt: ...ffs' ex parte application for writ of possession. Plaintiffs applied for an ex parte writ of possession on November 5, 2021 and obtained an order for writ of possession and the writ of possession on November 9, 2021. On January 25, 2022, Defendant filed a motion for relief from entry of default, which this Court granted. Plaintiffs did not seize the gym equipment pursuant to the issued writ until February 26, 2022. Defendant filed this Motion to ...

Excerpt: ...ndebted to Plaintiff, that within the last four years, that Plaintiff lent Defendant money at Defendant's request and that the amount due is $26,924.80 (Complaint Page 3 CC‐1(a)(1),(2), CC‐1(b)(4),(5),(6), and CC‐4.) Defendant's Answer denies all allegations and sets forth a number of affirmative defenses. Plaintiff now files for summary judgment on its two causes of action. Plaintiff timely filed and served its papers in support of this mo...

Excerpt: ...valuation of Plaintiff Samreen Riaz arising out of her workers compensation claim. The causes of action in the Complaint include: (1) Medical Malpractice (Code Civ. Proc, § 340.5); (2) Unprofessional Conduct (Violation of Business and Professional Code); (3) Professional Negligence; (4) Fraud and Misrepresentation; (5) Civil RICO 18 U.S.C. § 1964; and (6) Vicarious Liability. Plaintiff seeks punitive damages and attorneys' fees. Defendant now d...

Excerpt: ...n accompanying the motion for set two is unsigned and undated. As to set one, on January 14, 2022, Petitioner Angelica Davis timely served Request for Admissions, Set One, Numbers 1 through 13 on Respondent Roy Benavides, Jr, via United States Mail to his home address, 32745 Grand View Street, Visalia, California 93291, which is the address listed on his objection filed in this matter. Responses were due February 18, 2022 as to both sets. Petitio...

Excerpt: ...nd water tank, from interfering by constructing a fence to prevent access to the trees and to remove a chain link fence erected, with the posts to remain. Plaintiff's Verified Complaint seeks to establish, relevant to this Motion, a prescriptive easement and adverse possession claims related to a single row of 60‐year‐old olive trees, a water tank and a well (“Subject Area.”) Plaintiff's declaration indicates she is the current owner of 2...

Excerpt: ...sor Trustee of the Margo M. Tressler Revocable Living Trust, issued a subpoena duces tecum for the appearance of Adult Protective Services (“APS”) social worker Jennifer Rodriguez at the evidentiary hearing and for Ms. Rodriguez to produce APS records at the hearing. Petitioner Tulare County moves ex parte to quash the subpoena on grounds that APS records, as well as the identity of a reporting party, are confidential and remain confidential ...

Excerpt: ... Meyers and notes “Defendant was the previous owner of the subject Property and not a tenant or sub‐tenant” (Complaint ¶5.) While Plaintiff names Does 1 through 10, there are no allegations as to any Doe Defendants as tenants of the Subject Property. Plaintiff, on February 9, 2022, served a written “Three and Ninety Day Notice to Quit” providing three days to quit and deliver possession as former owner and 90 days to a “tenant pursua...

Excerpt: ...number of subcontractors. Cross‐Defendant Hornsby has filed a Motion for good faith settlement under Code of Civil Procedure section 877.6(a)(1). Cross‐Defendant Hornsby performed framing, drywall/sheetrock, concrete foundation and/or concrete flatwork for 67 homes at issue in this case. This settlement was reached during mediation with the special master. This settlement appears to be the fruit of arms‐length negotiations between the Cross...

Excerpt: ... was indebted to Plaintiff, that within the last four years, Plaintiff lent Defendant money at Defendant's request and that the amount due is $10,534.42 (Complaint Page 3(a)(1),(2) and (b)(4)(5).) Defendant's Answer admits all allegations. Plaintiff states that counsel attempted to contact Defendant regarding this Motion in accordance with Code of Civil Procedure section 439(a). “Before filing a motion for judgment on the pleadings pursuant to ...

Excerpt: ...tements were made orally and in writing that “there was Domestic Violence and Substance abuse on top of not being able to provide a home for our children…” (Complaint 1:15‐16.) These statements apparently resulted in an “order…for the court to award the custody of our minor children to the care and management of Social Services.” (Complaint 1:20‐ 21.) Defendant demurs on the grounds that the Complaint fails to allege compliance wi...

Excerpt: ... high school where she was taught by Garrett Weese, a former employee of Defendant Visalia Unified School District (“Defendant District” or “District”) Plaintiff brings this action against District for (1) sexual harassment under Civil Code sections 51.9 and 52; (2) breach of mandatory duty under Education Code sections 200 and 201; (3) negligent supervision and retention; (4) breach of mandatory duty: failure to report suspected child ab...

Excerpt: ...ion. In her application, petitioner claimed inability to performance her job duties as an OB‐GYN nurse practitioner for the County of Tulare due to industrial cumulative injury caused by repetitive work involving bending the wrists, repetitive strain, and industrial injury relating to computer use in a poor ergonomic work environment. 1. Background Petitioner initially reported symptoms of her medical condition to her employer on or about Janua...

Excerpt: ...f a parallel felony criminal case against her (Tulare County Superior Court Case No. PFC411371) involving the same event: a fatal motor vehicle collision on April 17, 2021. Defendant contends, in support of her motion, that, as part of defendant's defense to the civil action, she will be subject to written discovery demands, and will undoubtedly be examined at deposition under oath, forcing her to assert her Fifth Amendment rights against self‐...

Excerpt: ...ieved as Counsel On January 25, 2022, Defendant's Counsel Jerry Casheros filed an ex parte motion for an order shortening time to be relieved as counsel as to Defendant Jacqlyn Smith Habib. On January 25, 2022, the Court set this hearing for February 8, 2022. Thereafter, on January 26, 2022, Defendant's counsel filed the following with respect to withdrawing: (1) MC‐051 ‐ Notice of Motion and Motion to be Relieved as Counsel; (2) MC‐052 –...

Excerpt: ...filed September 9, 2021 for harassment, retaliation, failure to prevent discrimination, harassment and retaliation and sexual battery against Defendants Pridestaff, Inc., Kraft Heinz Food Company LLC and Dennis Prillwitz (“Defendants.”) Defendant Pridestaff answered the complaint on November 2, 2021. Defendant Kraft answered the complaint on December 1, 2021. Defendant Prillwitz does not appear to have appeared yet in this matter. Defendants ...

Excerpt: ... one thousand” class members. The Class Members consist of: “All non‐exempt, hourly‐paid employees employed by Defendant from approximately October 22, 2016 through the date of preliminary approval.” This settlement also resolves Plaintiff's PAGA claims for Class Members who worked as nonexempt, hourly‐paid employees of Defendant from July 27, 2019 through the date of preliminary approval. Plaintiff provides estimates of the maximum r...

Excerpt: ..., the enhancement award to Plaintiff, attorneys' fees, counsel as adequately experienced, the unclaimed proceeds and the release. Counsel has submitted a supplemental declaration addressing the following issues. Class Notice Objections or opt out notices are to be made within 60 days. The Court regularly approves notice periods of 60 days or longer. The Court preliminarily approves the class notice period. Costs Attorneys' fees of 33 1/3% of the ...

Excerpt: ...employed and working for Defendant. Defendant alleges causes of action for negligence, intentional tort, premises liability and products liability and seeks punitive damages. Defendant demurs on the basis that California's workers compensation program provides an exclusive remedy to Plaintiff and that Plaintiff has already received his workers compensation benefits. Defendant also seeks to strike Plaintiff's claim of punitive damages. Authority a...

Excerpt: ...s court granted a prior motion to strike allegations regarding punitive damages from the initial complaint. The allegations of the initial complaint supporting plaintiff's punitive damages claim are summarized as follows: Defendant, while driving a semi‐truck with loaded trailers, collided with a UPS truck driven by plaintiff's father, causing serious injuries ultimately resulting in his death. A camera installed in defendant's truck captured t...

Excerpt: ...r and received a credit loan via a written loan agreement. (UMF Nos. 1, 9.) Plaintiff, at the direction of Defendant, disbursed the loan amount by check to Defendant. (UMF Nos. 2, 10.) Defendant agreed to be bound by the terms of the agreement and promised to pay the amount advanced along with interest. (UMF No. 3, 11) Defendant received billing statements, yet failed to produce any evidence indicating that Defendant disputed any portion of any b...

Excerpt: ...ation in violation of Labor Code § 1102.5 as to the OSHA complaint but to sustain Defendant's demurrer to the second cause of action with leave to amend as to any other alleged protected activities that are too generally stated and fail to allege if Defendant had constructive or actual knowledge thereof and other elements of the causes of action. To sustain Defendant's demurrer as to the third cause of action for disability discrimination, fourt...

Excerpt: ...iff then began the process of attempting to serve Defendant. First, Plaintiff's counsel conducted a public records search using Lexis‐Nexis to determine a current address at 1836 Marroneto Ct, Tulare, CA 93274 (“Tulare Residential Address.”) (Declaration of Plaintiff's counsel Denis Klavdianos at ¶ 3(a).) Counsel further conducted a search via Transunion and found the same Tulare Residential Address. (Declaration of Klavdianos at ¶ 3(b).)...

Excerpt: ...plaint ¶ 6.a.(1), (2).) The lease was entered into January 1, 2021. (Complaint ¶ 6.a.) Defendants are alleged to have failed to pay the rent due on December 1, 2021 for the period December 1, 2021 through December 31, 2021. (Complaint – Exhibit 2.) A three day notice to pay rent or quit was served December 8, 2021. (Complaint – Exhibit 2.) Plaintiff filed this action on January 3, 2021. The Mandatory Cover Sheet and Supplemental Allegations...

Excerpt: ... pistachio orchard owned by defendants assigned Tulare County Assessor's Parcel Numbers 319‐150‐009. This property that the FWA seeks to acquire is needed for repair of the Friant‐Kern Canal. The Canal is operating at diminished capacity and this project seeks to restore the Canal to its optimal capacity. This property the FWA seeks consists of fee interests in land planted with pistachio orchards and included irrigation systems. The projec...

Excerpt: ...hallenged the validity and issuance of building permits and certain land use approvals by respondent Tulare County Resource Management Agency incident to expansion of Touchstone's pistachio processing plant. Section 1021.5 permits an award of attorney fees to a prevailing party “in any action which has resulted in the enforcement of an important right affecting the public interest if: (a) a significant benefit … has been conferred on the gene...

Excerpt: ...t on the record at the MSC. The parties then memorialized the terms of the settlement, including resolution of a related unlawful detainer matter, in a Settlement and Release Agreement (“Agreement.”) The Agreement required Plaintiff to pay to Defendants the sum of $43,000, via an escrow with all fees paid by Plaintiff and Plaintiff was required to satisfy the existing mortgage on the Property which was approximately $10,000 and all mortgage p...

Excerpt: ...ll categories identified in Plaintiff's Amended Notice of Deposition of the Person Most Knowledgeable for FCA US, LLC and Demand to Produce Documents at Deposition (“Notice of Deposition”), and (2) striking Defendant's objections and compelling Code‐ compliant responses and production of all responsive documents requested by Demand Nos. 4, 14, 15, 17, 20, 24, 31, 32, 34, 37, and 41 (collectively, the “Demands”) in the Notice of Depositi...

Excerpt: ...rried to his former spouse (not party to this litigation), and in the process of dissolving that marriage, defendant and plaintiff made arrangements to acquire a residence property in Kingsburg “with the mutual intention of and mutual understanding between the parties that it would be plaintiff's forever home.” The property was purchased, with defendant solely on title, in part through $200,000 in funds loaned by plaintiff's father, and an ad...

Excerpt: ...lowed 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, allowing the dog to freely leave the backyard and attack Dallas See. The owner of the home was aware that the tenants were in possession of a dangerous dog and allowed the dog to remain on the property.” (Complaint, p. 4) Defen...

Excerpt: ... a complaint to quiet title and adverse possession (the “Quiet Title Case”) on November 5, 2021 against Hixon, and served Hixon by mail on November 11, 2021. Hixon has not yet appeared in this matter in any fashion. This quiet title claim stems from Adamson's alleged 23‐year residence on the property at 33449 Road 220, Woodlake, CA 93286 (the “Property.”) Hixon, as plaintiff in the unlawful detainer action, Case No. VCL200387, (the “U...

Excerpt: ... declarations that are already on file with the court. Accordingly, the motion to approve the settlement pursuant to the Private Attorney General Act of 2004 is preliminarily denied without prejudice. The hearing on this matter is continued to February 8, 2022 at 8:30 a.m.in Department 7 of this court. Case management conference is likewise continued to February 8, 2022 at 8:30 a.m. in Department 7. 1. Sufficiency of Amount of Settlement (Net Est...

Excerpt: ...tion. Plaintiff was born September 7, 2019. Plaintiff seeks economic and non‐ economic damages. Plaintiff states that all essential parties have been served in this action. Plaintiff alleges that Child Welfare Services Division for Tulare County ("CWS") had an open referral concerning the child at the time, yet there is no indication any investigation was ever performed. Plaintiff moves the Court, under California Code of Civil Procedure sectio...

Excerpt: ...ust cause. (Civ. Code, § 1946.2.) Subdivision (a) of Civil Code section 1946.2, part of the Tenant Protection Act of 2019, states, in part, that, “[n]otwithstanding any other law, after a tenant has continuously and lawfully occupied a residential real property for 12 months, the owner of the residential real property shall not terminate the tenancy without just cause, which shall be stated in the written notice to terminate tenancy.” In pla...

Excerpt: ...request. Plaintiff alleged damages in the amount of $3,116.72. Defendant answered the complaint on June 30, 2021. On September 8, 2021, Plaintiff moved this Court to deem admitted requests for admissions, set one, numbers 1 through 11. On October 19, 2021, 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. ...

Excerpt: ...quire portions of farmland owned by defendants assigned Tulare County Assessor's Parcel Numbers portions of 319‐160‐010, 319‐160‐014, 319‐160‐015. This property that the FWA seeks to acquire is needed for repair of the Friant‐Kern Canal. The Canal is operating at diminished capacity and this project seeks to restore the Canal to its optimal capacity. This property the FWA seeks consists of fee interests in 26.41 acres and a temporar...

Excerpt: ...aint and cross‐complaint; or (b) further order of this court. The dispute in this case concerns a loan from defendants to plaintiff secured by a deed of trust encumbering the subject real property. At the time of the loan, the loan documents provided for interest of 1.5% compounded monthly. Following disputes concerning repayment, defendants commenced nonjudicial foreclosure proceedings. Plaintiff thereafter filed this action seeking, inter ali...

Excerpt: ...ting this tentative ruling will become the order of the court and service by the clerk will constitute notice of the order. Re: Olivera, Lucia vs. Anderson, Daniel Lee Case No.: PCL 200306 Date: December 7, 2021 Time: 8:30 A.M. Dept. 23‐The Honorable Gary M. Johnson Motions: Defendant Anderson's Demurrer Tentative Ruling: To overrule Defendant Anderson's Demurrer. Defendant Anderson shall file his answer no later than December 13, 2021. Facts a...

Excerpt: ... 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 to the Private Attorney General Act of 2004 is preliminarily denied without prejudice. The hearing on this matter is continued to February 8, 2022 at 8:30 a.m.in Department 7 of this court. Case management conference is likewise continued to February 8, 2022 at 8:30 a.m. in Department 7. 1....

Excerpt: ...r Authority (“FWA”) seeks to acquire farmland owned by defendants assigned Tulare County Assessor's Parcel Numbers 302‐140‐011, 319‐140‐001, and 319‐140‐ 028. This property that the FWA seeks to acquire is needed for repair of the Friant‐Kern Canal. The Canal is operating at diminished capacity and this project seeks to restore the Canal to its optimal capacity. This property the FWA seeks consists of fee interests in land plant...

Excerpt: ...ersonally served with a “30 Day Notice to Terminate Tenancy” under Civil Code section 789. On November 11, 2021, the period stated in the 30 Day Notice expired. On November 16, 2021, Plaintiff filed this unlawful detainer action. The Complaint states that Defendant has been occupying the unit since June 2011 based on oral agreement and that the tenancy is at will. The Complaint further alleges, under 7.a., that the at will tenancy “is not s...

Excerpt: ...n, however, is that the general rule is limited to those material facts properly pleaded and does not apply to conclusions of fact or law. Moore v. Regents of University of California (1990) 51 Cal.3d 120, 125. For example, a bare allegation that an act is illegal, unlawful, unauthorized, wrongful, or fraudulent is a conclusion of law that need not be accepted as true. 4 Witkin, Cal. Procedure (4th Ed. 1997) Pleading section 345, pp. 444‐445. A...

Excerpt: ...ring on November 30, 2021. The court finds and rules as follows: On July 9, 2021, the settlement administrator received a mailing list of 234 potential class members from defendant's counsel with names, contact information, social security numbers and relevant employment information. The administrator processed the names through the National Change of Address Database and updated the list with any updated addresses located. Class notice was sent ...

Excerpt: ...endant First American National LLC as the current loan servicer and beneficiary of the loan and Defendant Mortgage Lender Services, Inc. as the current trustee of the loan. Plaintiffs obtained two deeds of trust on the Subject Property simultaneously in 2006. In April 2021, a Notice of Default and Election to Sell was recorded in Tulare County. Thereafter, in July 2021, a Notice of Trustee Sale was recorded. On October 8, 2021, the property was f...

Excerpt: ...ce of Termination of Tenancy: COVID Tenant Relief Act” (“Notice”) checking the box “Owner intends to withdraw the Premises from the rental market.” The Notice was posted and mailed, and provided 60 days' notice, set to expire October 31, 2021. The Notice additionally notes “no rent collected” as to relocation fees. Plaintiff then filed the complaint for unlawful detainer on November 3, 2021. The complaint indicates the action is sub...

Excerpt: .... Gallow Winery (1977) 69 Cal.App.3d 103, 114. An exception, however, is that the general rule is limited to those material facts properly pleaded, and does not apply to conclusions of fact or law. Moore v. Regents of University of California (1990) 51 Cal.3d 120, 125. For example, a bare allegation that an act is illegal, unlawful, unauthorized, wrongful, or fraudulent is a conclusion of law that need not be accepted as true. 4 Witkin, Cal. Proc...

Excerpt: ...d came on for hearing on November 16, 2021. The court finds and rules as follows: On or May 22, 2021, the settlement administrator received a mailing list of 104 potential class members from defendant's counsel with names, contact information, social security numbers and relevant employment information. The administrator processed the names through the National Change of Address Database and updated the list with any updated addresses located. Cl...

Excerpt: ...dants executed a written agreement to lease the subject property via a month to month tenancy. On October 14, 2021, the complaint was filed and notes that the tenancy was terminated via a three (3) day notice to pay rent or quit, served September 10, 2021 (“Notice.”) The Notice indicates rent in the amount of $1,010 was due for the period July 1, 2021 through September 1, 2021. Along with the complaint, the verification regarding rental assis...

Excerpt: ...roperty owned by Defendants Welcome Group Inc. (“Welcome”) and Hotel Circle GL Holding, LLC (“Hotel”) on or about September 22, 2020. Plaintiff filed her complaint on March 3, 2021, naming initially only Welcome. Welcome answered on April 19, 2021. Hotel was added in September 2021 and answered on September 29, 2021. Defendants Welcome and Hotel claim that review of discovery, depositions and other information related to this case have re...

Excerpt: ...nts executed a written agreement to lease the subject property via a month to month tenancy. The complaint notes the tenancy is subject to the Tenant Protection Act of 2019 and that the tenancy was terminate for an at‐fault just cause under Civil Code section 1946.2(b)(1). ‘ A three‐day notice to perform covenants or quit was delivered personally to Defendants on October 6, 2021 for violations of the right of entry and inspection, for viola...

Excerpt: ...fendant August 27, 2021. Defendant's Notice of Entry of Judgment, and the accompanying proof of service, was filed September 10, 2021. Defendant's Memorandum of Costs and accompanying points and authorities were served by mail September 9, 2021. (No e‐service was utilized pursuant to the proof of service.) Pursuant to California Rule of Court 3.1700(b), any motion to tax costs must be served and filed 15 days after service of the cost memorandu...

Excerpt: ...t as arbitrator for this court's consideration, in advance of the continued hearing. Petitioner filed his petition to compel arbitration on October 1, 2021. The petition sets forth the provisions of two written agreements (an “Asset Sale Agreement” and a “Security Agreement”), allegedly between the parties, that provide for arbitration, and, in addition, copies of the agreements are attached to the petition. (See Cal. Rules of Court, rule...

Excerpt: ...mpted to overtake a UPS truck preparing to make a left turn operated by Plaintiff's father. Defendant Galvan's vehicle collided with the UPS truck, causing Plaintiff's father to suffer serious injuries and ultimately die. In support of his claim for punitive damages, Plaintiff alleges malice and oppression, as well as five paragraphs of facts alleging supporting the claim. Plaintiff's support for punitive damages, as pled, can be summarized as fo...

Excerpt: ...otice of Termination of Tenancy Due to Withdrawal of Property from the Rental Market” (“Notice”) to be posted and mailed on May 12, 2021. The Notice provided 60 days notice, set to expire July 13, 2021. Plaintiff then filed its complaint for unlawful detainer on July 15, 2021. Authorities and Analysis The Court notes at the outset that neither Tulare County, nor Strathmore have instituted rent control measures. The Court is not persuaded th...

Excerpt: ...bject of this action; and (b) to take over the business of Magnolia Park, LLC operating an assisted living facility at one of the properties, but only after the receiver (or anyone on the receiver's behalf) obtains “an appropriate license … from the State of California Department of Social Services.” Plaintiffs argue, in their points and authorities, that new facts and circumstances are present incident to a Covid‐19 outbreak at the facil...

Excerpt: ...de §1793.2(b); (3) violation of Civil Code §1793.2(a)(3); (4) breach of express written warranty – Civil Code §§1791.2(a), and 1794; (5) breach of implied warranty of merchantability – Civil Code §§1791.1 and 1794 and (6) fraud by omission. Plaintiff pled causes of action (1), (2), (3), (4) and (6) against manufacturer Defendant FCA US, LLC (“FCA”), suing Defendant Porterville Chrysler Jeep Dodge Ram for cause of action (5). Defenda...

Excerpt: ...nee. She is now confined to a wheelchair and her only mode of effective transportation is a caregiver who comes to her residence once a week. Plaintiff personally served its summons and complaint for this action on defendant on September 15, 2021 that was approximately three months after she was released from the hospital. The summons that defendant received clearly states that she has five days to respond to this complaint in writing, but defend...

Excerpt: ... Plaintiffs were apparently struck from the rear by the driver of a Chevrolet Silverado pickup after the vehicle Plaintiffs rode in was stopped on the off‐ramp south of Avenue 280. Plaintiffs allege personal injuries and damages. The Defendants are named as Adrian Wayne Griffith and Solomon Atakele Bogale, but the complaint does not appear to differentiate the defendants between the driver of the passenger vehicle containing Plaintiffs and the ...

Excerpt: ...econd cause of action; and (c) sustain, without leave to amend, the demurrer to the third cause of action for negligent misrepresentation. The court finds that, notwithstanding that Eagle Fire has failed to correctly describe the valid theory on which it seeks recovery, Eagle Fire has effectively plead a cause of action for negligent interference with prospective economic relations, and orders defendant Watts to file and serve its answer to the c...

Excerpt: ...'s request for judicial notice of the entire court file for VCF398058, VCM384038, VCM379373, VCM379942, and VCM358487, is also granted, however, as to movant's request the clerk of this court have the files in the courtroom at the hearing or that the files be electronically accessible, movant is directed to comply with rule 3.1306(c) of the California Rules of Court, and, further, to consult this court's local rule 705. Motion to set aside defaul...

Excerpt: ... whether the named plaintiffs have standing to serve as the representatives of the putative class before discovery is conducted as to the claims of the class members. Bifurcation is the process whereby the Court may order separate trials of issues or parties joined in a single action. The objective of defendants' motion to bifurcate in this present case is to try the issues of liability and damages separately so as to minimize the prejudice that ...