Excerpt: ...rent. Facts This is an unlawful detainer matter involving 233 W. Tulare Avenue #B, Visalia, CA. 93277, Tulare County (“Subject Property.”) The Court notes this is an action for unlawful detainer based upon a three day notice to pay rent or quit. On November 14, 2022 the complaint was filed. The complaint, summons and accompanying documents were served personally on Defendant O'Neal on November 20, 2022 by a registered process server. On Decem...

Excerpt: ...d a number of wage and hour violations against Defendants Phytech US, Inc. and Defendant Oren Kind. Initially, it appears that Phytech did not produce an arbitration agreement in discovery propounded by Plaintiff, but counsel for Phytech indicates receipt of “a copy of the actual arbitration agreement Plaintiff Melodie Furtado agreed to in connection with her employment with Phytech on November 8, 2022.” (Declaration of Raquel Rotman (“Rotm...

Excerpt: ...tiff had adequately disputed a number of material facts that precluded the Court from ruling in Defendant's favor as to the rational basis for Plaintiff's termination and Plaintiff's outside work. The central, additional fact to this renewed motion appears to be as follows: “Since the court's consideration of Altura's prior motion for summary judgment, Riaz has filed 18 cases in Tulare County alone claiming allegations similar to those against ...

Excerpt: ... the date of this hearing. The Court intends to set this matter for trial at this hearing. Facts This is an unlawful detainer matter involving 1016 E. Mineral King #7 Visalia, CA 93292 (“Subject Property.”) The Court notes this is an action for unlawful detainer for breach of covenant as to occupancy by unauthorized persons and the existence of more than one pet. On November 21, 2022 the complaint was filed. The complaint, summons and accompa...

Excerpt: ...telyn Kable. Petitioners bring this a petition to approve the compromise of a settlement offer to the minor child. According to the Petition, on March 22, 2022, the minor was crossing the street in the crosswalk before school when Defendant Ryan Jones, in the course and scope of his employment with Weed Man Company, struck Claimant while driving a Weed Man Company. (Petition at 5.) Injuries and Treatment The minor child suffered a skull fracture,...

Excerpt: ...t alleges causes of action for trespass and ejectment. Plaintiffs in this case are Mikal Jones, Angela Anderson, and Bi‐Rite Auto Transport, Inc., (collectively “Bi‐ Rite”) and involved Defendant PVCC's irrevocable license for its canal and access to that canal for maintenance and repair as to Plaintiff BiRite's properties. (SAC ¶2, 7.) Prior litigation between the parties has resulted in a 2013 Judgement and a 2018 Judgment which provid...

Excerpt: ...iff. Plaintiff also sued Defendants SCC Enterprises (Sequoia), Southern California Edison (SCE) and the owners of the rental, Norman and Martha Faucett. Specifically, the complaint alleges: “The defendants negligently allowed 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, allowin...

Excerpt: ...on to (1) and (2) Plaintiffs are the owners of property located at 43674 North Fork Dr (“Kiresich Property.”) (Complaint ¶1.) Defendants are the owners of adjacent property located at 43672 North Fork Dr (“Charles Property.”) (Complaint ¶2.) Plaintiffs have lived at the Kiresich Property since 1997. (Complaint ¶9.) At the time Plaintiffs moved in, a metal chain link fence separated the Kiresich Property and the Charles Property. (Compl...

Excerpt: ... addresses most of the issues raised in the demurrer and motion to strike. The Court notes Defendants' demurrer to the first cause of action on the basis that no FEHA cause of action lies against individual defendants. The Defendants also demurrer to the seventh cause of action for intentional infliction of emotional distress on the basis that the public entity Defendants City of Porterville and Porterville Police Department are immune (as well a...

Excerpt: ...8, 2021, it became owner of the Subject Property by purchasing it at a trustee's sale held in compliance with California Civil Code section 2924. (Complaint ¶ 3.) Plaintiff alleges that title on the Subject Property pursuant to the foreclosure sale has been duly perfected in Plaintiff's name as of February 25, 2022, the date of recordation. (Complaint ¶ 3; Exhibit A) On September 8, 2022, Defendant Ronald Osburn filed three motions: (1) Motion ...

Excerpt: ...ce with the applicable claim's statute. An unstamped liability claim report attached to the complaint and addressed to the Clerk of the Board of Supervisors indicates an incident date of February 27, 2012 and the date of the claim as August 31, 2022. The County brings this demurrer under a number of theories, including failure to timely bring a government claim and expiration of the applicable statute of limitations, and the presence of another c...

Excerpt: ... overtime compensation, failure to provide meal periods, failure to authorize and permit rest periods, failure to pay minimum wage, failure to timely pay wages, failure to provide accurate wage statements, failure to maintain accurate time and payroll records, and failure to reimburse necessary business‐related expenses. (Complaint ¶1.) Plaintiff indicates all causes of action are “brought as a class action on behalf of himself and similarly...

Excerpt: ...ancement award, and class certification for settlement purposes came on for hearing on December 6, 2022. The court finds and rules as follows: On August 29, 2022, the settlement administrator, Phoenix Settlement Administrators, received a mailing list of 226 potential class members from Defendant's counsel with names, contact information, social security numbers and relevant employment information. The settlement administration processed the list...

Excerpt: ...parties and issue a ruling in writing. (1) Facts This motion was filed November 23, 2022 for a hearing date of December 6, 2022. Plaintiff specifically seeks relief from this Court's order on November 14, 2022, granting Defendant County of Tulare HHSA's ex parte application for dismissal for Plaintiff's failure to timely file a second amended complaint after the Court's sustained the County's demurrer with a narrow granting of leave to amend. The...

Excerpt: ...Funtila. Petitioner now brings a petition to approve the compromise of a settlement offer to the minor child. According to the Petition, on January 10, 2019, Claimant was a passenger in a motor vehicle that was rear ended by Defendant Valerian Domingo, who was driving the vehicle with the permission of Defendants Rosie Acosta and Melissa Omos. (Petition at 5.) Injuries The Claimant had no immediate or residual damages or injuries from the acciden...

Excerpt: ...operty.”) Plaintiff is the owner and operator of Sierra Mobile Village, where the Subject Property is rented by named Defendant Marcelino Manriquez. The proof of service of the 3‐day Notice to Pay Rent or Quit / 60‐day Notice to Terminate Possession (“Notice”) was purportedly served personally on named Defendant Marcelino Manriquez on August 12, 2022. Thereafter, the complaint and summons were purportedly served by personal service on n...

Excerpt: ...operty.”) Plaintiff is the owner and operator of Sierra Mobile Village, where the Subject Property is rented by named Defendant Marcelino Manriquez. The proof of service of the 3‐day Notice to Pay Rent or Quit / 60‐day Notice to Terminate Possession (“Notice”) was purportedly served personally on named Defendant Marcelino Manriquez on August 12, 2022. Thereafter, the complaint and summons were purportedly served by personal service on n...

Excerpt: ... on October 31, 2022, granted judgment for possession for Plaintiff after trial, cancelled the rental agreement, issued the writ immediately, and awarded $1,794.07 to Plaintiff. Defendant Lockard did not appear at trial and the judgment indicates Defendant was properly served with notice of trial. Defendant Lockard seeks relief from the judgment and/or a stay of execution of the judgment. In support, Defendant states “I gave the wrong address, ...

Excerpt: ...an Resources Representative from the firm Defendant employs to provide human resource services to Defendant. Mr. Andalon indicates he held this position during Plaintiff's employment period, that his company has maintained its standard protocol for presenting employment polciies, including the arbitration agreement in Spanish if necessary and that he personally presented and went over the arbitration agreement with Mr. Rodriguez at his time of hi...

Excerpt: ... on October 31, 2022, granted judgment for possession for Plaintiff after trial, cancelled the rental agreement, issued the writ immediately, and awarded $1,794.07 to Plaintiff. Defendant Lockard did not appear at trial and the judgment indicates Defendant was properly served with notice of trial. Defendant Lockard seeks relief from the judgment and/or a stay of execution of the judgment. In support, Defendant states “I gave the wrong address, ...

Excerpt: ...an Resources Representative from the firm Defendant employs to provide human resource services to Defendant. Mr. Andalon indicates he held this position during Plaintiff's employment period, that his company has maintained its standard protocol for presenting employment polciies, including the arbitration agreement in Spanish if necessary and that he personally presented and went over the arbitration agreement with Mr. Rodriguez at his time of hi...

Excerpt: ...n November 14, 2022, granted judgment for possession only for Plaintiff. The writ of execution was issued on November 15, 2022. Defendant Victor Ramirez provides no basis under Code of Civil Procedure section 473 to vacate the judgment after trial and appears to argue a potential defense regarding payment of rent to Juan Ramirez, a non‐party to this action as well as payments for repairs alleged to the property. Although Defendant Victor Ramire...

Excerpt: ...15‐year‐old Ruben and (2) 14‐year‐old Rudy is Tammy Esparza, guardian ad litem and mother of both claimants. (Petitions at 1, 2.) Petitioner brings these petitions to approve the compromises of settlement offers to the two minor children. (Petitions at 1, 2.) This matter involves an automobile accident. On or about April 23, 2022, Petitioner was driving a vehicle containing minors Ruben and Rudy, as well as another passenger, when Defenda...

Excerpt: ...to fixed term one year lease with $800 due per month commencing October 21, 2021. (Complaint ¶ 6.) The Court notes the attached rental agreement appears to provide for a month to month lease commencing September 8, 2021, is unsigned by the Defendant. (Complaint Pages 6‐9.) The Court also notes an attachment purported to be a letter from the Housing Authority of Tulare County indicating the anniversary date of the lease on the Subject Property ...

Excerpt: ... (2) To grant the motion; to compel arbitration as to the Class Action Case and as to the individual claims of Plaintiff Leija in the PAGA Case; to strike the class allegations; to stay the Class Action Case pending arbitration; to stay the representative portion of the PAGA case pending arbitration and the California Supreme Court's decision Adolph v. Uber Technologies, S274671, 2022 Cal. LEXIS 5021. (1) Facts Plaintiff seeks leave to amend the ...