Excerpt: ... children. (Complaint at p. 1.) Plaintiff alleges causes of achon for fraud-misrepresentation, professional negligence and breach of contract involving Defendant's alleged forc-ng of Plaintiff into a guilty plea and representing that Plaintiff's children would be returned to her if she entered a guilty plea. (Complaint at p. 2.) Plaintiff appears to allege delayed discovery and/or tolling, in that Plaintiff alleges she recovered a suppressed memo...

Excerpt: ...This unlawful detainer matter, filed February 15, 2023, involves property located at 417 N. "L" St. #A Tulare, CA 93274 ("Subject Property.") (Complaint '13.) The Court notes this action is based on a three day notice to pay or quit. (Complaint 99.) As to moving party Defendant Torres, Plaintiff filed a proof of service indicating personal service of this lawsuit and summons on Defendant Torres occurred on February 17, 2023. On March 7, 2023, thi...

Excerpt: ...s property located at 13930 Idaho, Orosi, CA 93647. Plaintiff filed the complaint February 9, 2023, and effected personal service on Defendant Jimenez February 10, 2023. On February 17, 2023, defendant filed a motion to quash service of summons. In that motion she indicated she would submit on the papers filed without appearance. On 22, 2023, the court held a hearing on a motion to quash filed by defendant and denied the motion. On March 2, 2023,...

Excerpt: ...e are Plaintiff's psychological records from Kings View. Defendant indicates that, pursuant to prior discovery requests directed at Plaintiff, Plaintiff has some, but not all, records from Kings View. Further, Defendant indicates that Plaintiff was presented with an authorization form to release the records, but that no such authorization form has been executed as of the date of this motion. Defendants indicate that the subpoena was issued to Kin...

Excerpt: ...' fees, costs, enhancement award, LWDA payment and class certification for settlement purposes came on for hearing on March 14, 2023. The Court finds and rules as follows: On February 17, 2023, the settlement administrator Phoenix Settlement Administrators, through its Case Manager, filed a declaration detailing the following events. On November 3, 2022 the administrator received a mailing list of 1,932 potential class members from Defendant's co...

Excerpt: ...n 425.16, California's anti-SLAPP statute. I. Background 1. The personal injury action In the underlying prior personal injury action (Tulare Superior Court Case No. VCU283263), Martinez sued various defendants for injuries allegedly sustained during an incident on June 21, 2018, in which she fell down a flight of stairs located on property at 303 N. D Street in Porterville, CA. Martinez filed her complaint on June 19, 2020. Martinez named, as de...

Excerpt: ...l 28, 2022, alleges causes of action for: (1) Violation of Subdivision (d) of Civil Code Section 1793.2 (express warranty) (2) Violation of Subdivision (b) of Civil Code Section 1793.2 (3) Violation of Subdivision (a)(3) of Civil Code Section 1793.2 (4) Breach of the Implied Warranty of Merchantability (Civ. Code, § 1791.1; § 1794; § 1795.5) (5) Fraudulent Inducement - Concealment Plaintiffs have not sued the dealer and signatory to the RISC. ...

Excerpt: ...ure to pay minimum wages; (2) failure to pay overtime wages; (3) failure to provide meal periods; (4) failure to provide rest periods; (5) failure to timely pay all wages due and owing at the time of termination; (6) failure to issue accurate itemized wage statements; (7) failure to reimburse business- related expenses; and (8) unfair competition. In support, Plaintiff has attached the proposed First Amended Complaint. Plaintiff notes this case h...

Excerpt: ...amend as to the City as to the Tenth and Eleventh causes of action. (The Court notes it previously sustained the demurrer by Defendants Fahoum, Jason Salazar, Sergio Pineda, Marisa Burkdoll, Nathan Berry, Nicholas Fistolera, Damon Maurice and Velverde as to the Tenth and Eleventh causes of action without leave to amend.); To overrule the demurrer Sixth cause of action as to Defendant Fahoum and order Defendant Fahoum to “answer or otherwise ple...

Excerpt: ...ession for Plaintiff after trial, cancelled the rental agreement, issued the writ immediately, and awarded $9,148.64 to Plaintiff in past due rent, attorneys' fees, holdover damages and costs. Defendant Marina Moreno seeks to vacate the judgment and/or stay execution thereof on the basis that she was present outside the courtroom, but mistakenly believed she had to wait one hour and forty-five minutes for her case to be called and remained outsid...

Excerpt: ...rterville Police Department; Defendants shall have ten (10) days to file an answer. Facts Common to (1) and (2) Plaintiff filed this third amended complaint against Defendants City of Porterville and Porterville Police Department and individual Defendants Castellow, Barteau, Kroutil and Benas. As relevant here, Plaintiff alleges the third cause of action for harassment against all Defendants and the seventh cause of action against Defendants Cast...

Excerpt: ...ass action and PAGA settlement, attorneys' fees, costs, enhancement award, LWDA payment and class certification for settlement purposes came on for hearing on February 14, 2023. The Court finds and rules as follows: On January 18, 2022, the settlement administrator ILYM Group, Inc, through its Case Manager, filed a declaration detailing the following events. On September 1, 2022, the administrator received a list of 248 potential class members fr...

Excerpt: ...e 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 unders...

Excerpt: ... property at issue containing the residential space rented to tenants. A fire originating from storage sheds located on the property spread to the space rented by the plaintiffs and, they allege, destroyed their property, forced them out of their home, and caused them emotional distress. Plaintiffs' complaint Plaintiffs allege a cause of action for general negligence and a second premises liability cause of action including, amongst three separat...

Excerpt: ...nt (collectively “Fitness”) alleging causes of action for conversion against Defendant Fadel Moshin (“Moshin”). Plaintiff in VCU293786 is Alhasani, Inc. (“Alhasani”) who has alleged causes of action against Fitness and Thrive Business Development, Inc. (“Thrive”) for conversion and injury to real property by removal of equipment. VCU288828 – Fitness v. Moshin (the “Fitness Case”) The Fitness Case matter involves Fitness's al...

Excerpt: ...use of action. In support, Defendant provides the following material facts. Defendant hired plaintiff in January 2019 as a staff dentist. (UMF No. 1.) During her employment, Plaintiff believed that not all patients were genuine, but rather some were placed by Defendant to harass her with foul language and other behavior. (UMF No. 3.) Additionally, Plaintiff believed she was being targeted by Defendant, given she had filed a complaint against her ...

Excerpt: ...s he sustained in a forklift incident on September 4, 2019 involving acts by Defendant Gardener Trucking's (“Gardener”) employees. Plaintiff filed this matter July 14, 2021. On November 12, 2021, Gardener cross-complained against Southwest for six causes of action including express indemnity, breach of contract, equitable indemnity, comparative partial indemnity, contribution and declaratory relief. On January 21, 2022, Southwest answered Gar...

Excerpt: ...sentatives, and of their counsel as class counsel. In this wage and hour action, plaintiffs Guillermo Gonzalez and Nicolas Gonzalez move for class certification as to various defined classes of employees of their former employer, Sun Pacific Farming Cooperative, Inc. (Sun Pacific), and for appointment as class representative of, and for appointment of their counsel as class counsel for, the proposed classes. Plaintiffs seek certification as to th...

Excerpt: ...rt's ruling as to Defendant Beitler's appeal and Plaintiff's cross-appeal. At the trial court level, this Court found that Defendant Beitler is Defendant Force's alter ego. This Court further denied Plaintiff DPI's posttrial motion to amend the complaint as to adding a defendant to tits second, third and fourth causes of action for common counts. This Court's judgment of February 18, 2020 indicates that Plaintiff was entitled to recover the under...

Excerpt: ...ves Plaintiff Jane Roe's complaint against the Apostolic Assembly of the Faith in Christ Jesus and Apostolic Assembly Church of Lindsay for negligence, negligent supervision, negligent hiring and negligent failure to warn, train, or educate resulting from alleged sexual abuse suffered by Plaintiff from 1994 to 2000 while Plaintiff was a minor. Plaintiff was born in 1990 and its not over 40 years old when this action was commenced. On December 15,...

Excerpt: ...dress this issue. The Court has integrated this supplemental briefing and analysis into this ruling. On or about September 4, 2020, plaintiff purchased a new 2019 Nissan Maxima VIN 1N4AA6AV4KC383429 (“Vehicle”) from a dealer pursuant to a retail installment sales contract (“RISC”). (Complaint ¶ 3.) The complaint alleges “Plaintiff delivered the nonconforming Vehicle to NNA's authorized repair facilities for repairs pursuant to the term...

Excerpt: ...t states that “Venue is proper in this Court because, upon information and belief, Defendants reside, transact business, or have offices in this county, and the acts and omissions alleged herein took place in this county” (FAC ¶9.) “Defendants employed Plaintiff and other California residents as non‐exempt employees throughout California at Defendants' California business location(s)” and “Defendants continue to employ non‐ exempt ...

Excerpt: ... award sanctions; (5) To grant the motion; Plaintiff shall have thirty (30) days from notice of this ruling to provide a statement of damages; Defendant shall give notice. Facts Common to All Motions This litigation arises from Plaintiff's allegation of negligence and premises liability against Defendant Lowes. Plaintiff claims Defendant is responsible for the injuries sustained when Plaintiff climbed and fell from a bay within Defendant's retail...

Excerpt: ...d nursing facility located at 350 North Villa Street (the “Facility.”) Plaintiffs are the heirs and successors in interest to Decedent and filed this case November 12, 2021. This matter is set for trial March 13, 2023. Plaintiffs allege Defendants knew, via the physical state of Decedent upon arrival, that Decedent was dependent on Defendant for all daily activities including “feeding and dietary planning, skin care, hygiene, infection cont...

Excerpt: ...nforming Vehicle to NNA's authorized repair facilities for repairs pursuant to the terms of the warranties. It is clear that NNA is unable to fix, remedy and/or repair the Vehicle to conform to the warranty. The multiple failed inspection and repair attempts have proven willfully unsuccessful in resolving the issues.” (Complaint ¶8.) Plaintiff brings causes of action for: (1) Violation of the Song‐Beverly Consumer Warranty Act ‐ Breach of ...