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

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

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

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

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

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

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

Excerpt: ... to the collection of the judgment in the amount of $7,996.25 in fees and $2,029.50 in costs. This prior motion, filed May 16, 2023 included fees up to May 10, 2023. Plaintiff has filed a second motion for fees and costs incurred May 11, 2023 to present, also in collection of the judgment and related specifically to the motion for receiver issue previously adjudicated. Plaintiff seeks the fees and costs incurred as to enforcement of the Judgment ...

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

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

Excerpt: ...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...