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...

Excerpt: ...r to this date. The Court is in receipt of the amended pleadings as to the motion to amend the judgment. Plaintiff, after a jury verdict in her favor and motion for attorneys' fees and costs, obtained judgment against Defendant Robert Hart, individually and as trustee of Diversified Management, a family trust, and against Defendant Diversified Management in the amount of $70,091.25 (the "Judgment") Plaintiff, in seeking to recover the Judgment, h...

Excerpt: ...udgment in favor of Plaintiff on May 24, 2023 for possession only. On May 25, 2023, the Court issued the wr-t 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 more time to find a place to move. Notice was provided to Plaintiff by telephone, but Plaintiff's response is not indicated. Plaintiff is represented in ...

Excerpt: ...4.72 against Respondents Auto MD of Visalia Inc. and Darrin Woodbridge arising out of a written agreement entered into by the parties on or about March 24, 2022. (Petition 1, 3b, 4; Attachment 8(c).) Specifically, the dispute subject to arbitration involved Respondent's Breach of the Future Receipt Sale Agreement wherein the parties agreed that Petitioner would purchase $37,000 worth of future receivables for $25,000 from Respondents, but that Re...

Excerpt: ...ts Advanced Mechanical Engineering Corp. ("AME") and Frank Hinojos Ill (collectively "Defendants") breached the Temporary Staffing Services Agreement ("TSSA") with Plaintiff Definitive Staffing Solutions, lnc ("Plaintiff" or "DSS") dated January 30, 2018, wherein DSS agreed via the TSSA to provide AME with temporary employees to assist with its industrial constructon business and pay employees provided, and AME agreed to pay DSS the amounts invoi...

Excerpt: ...rtment 7. Plaintiffs Jeremy Andrew Hernandez, Nayeli Lopez Quezada, Xionna Hernandez And Kianna Hernandez, 80th Minors, by and through Nayeli Lopez Quezada ("Hernandez Plaintiffs") in VCU294376 move this Court to consolidate their case with VCLJ294488 on the basis that these cases involve the same multi-vehicle accident. The Hernandez Plaintiffs Matter - VCU294376 In the Hernandez Plaintiffs Matter, VCU294376, the Hernandez Plaintiffs have sued D...

Excerpt: ...t the May 9, 2023 hearing, permitted a supplemental declaration by Plaintiff to be filed in support of this petition. The Court has reviewed the declaration and notes its contents below. Plaintiff seeks relief from the claim presentation requirement via this Petition as to her complaint for wrongful death based on medical malpractice and survival achon based on negligence. The Petition states that Decedent Kathryn Gress died on August 27, 2021. (...

Excerpt: ... FCA US LLC (2020) 53 Cal.App.5th 486. 80th cases are appellate decisions. Authority and Analysis "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 party affected by the order may, within 10 days after service upon the party of written notice of entry of the order and based upon new or different facts, circumstances, or law, make appli...

Excerpt: ...ulting from alleged sexual abuse suffered by Plaintiff from 1994 to 2000 while Plaintiff was a minor. Plaintiff was born in 1990 and is not over 40 years old when this action was commenced. On April 14, 2023, Plaintiff filed this motion to "seal Plaintiff Jane Roe's Application to Proceed in Fictious Name." Plaintiff has filed a redacted declaration of counsel "in support of motion re: application to proceed in fictious name and seal certificates...

Excerpt: ... been established as to either Subject Vehicle and is inclined to grant the injunction. Background Facts This matter involves the possession of two vehicles, a 1963 Chevrolet Impala and a 1988 Cadillac Fleetwood (collectively "Subject Vehicles"), by Defendants Robert Escalera, individually and doing business as Kustom Kreations. Plaintiff's complaint alleges he is the legal owner of the two Subject Vehicles and provided them to these Defendants f...

Excerpt: ...Class Members, providing a proposed estimated average payout of $4,233.28 per member. The Class Members consist of: All non-exempt employees who worked for Defendant in California from May 23, 2017 to March 20, 2023. Via the first amended complaint, Plaintiff brings claims for (1) failure to pay minimum wages; (2) failure to pay overtime wages; (3) failure to provide meal periods; (4) failure to permit rest breaks; (5) failure to reimburse busine...

Excerpt: ...17 per month that was eventually set at $725 a month as of December 1, 2020. (Complaint at 96.) On March 22, 2023, Plaintiff caused a three-day notice to pay rent or quit ("Notice") to be served by posting and mailing, as well as via substitute service. The Notice indicates past due rent of $725 per month for the months of April 2022 through March 2023, with rent being due on the first of each month. (Complaint "1 6, 9.) The Notice provides the 2...

Excerpt: ...ee-day notice to pay rent or quit. The per diem rent amount alleged in the complaint is $30. Defendant Pepper was served by posting and mailing via order of this Court on April 11, 2023. Default judgment was entered May 1, 2023 for possession only and the writ of possession was issued. On May 10, 2023, Defendant filed this ex parte motion for relief from default and/or to stay execution of the writ. Defendant provides no basis under Code of Civil...