Excerpt: ...in c r im in a l c a s e n o . VCF4 3 8 1 7 7 Un d e r lyin g Cr im in a l Ca s e - VCF438177 On February 21, 2023, Ramirez was arraigned on the complaint in and the bond was posted by the defendant in this case. On March 24, 2023, Ramierz appeared in court and was notified of the April 20, 2023, court date. On April 20, 2023, Ramirez failed to appear in court and the Court issued but stayed a bench warrant in the amount of $60,000. The Court, ho...

Excerpt: ...tion under Section 340.1 of the Co d e o f Civ il P r o c e d u r e b y f ilin g h e r Co m p la in t . Under the then operative version of Code of Civil Procedure section 340.1, this action appears initially timely filed under the revival term of subsection (q). (“Notwithstanding any other provision of law, any claim for damages described in paragraphs (1) through (3), inclusive, of subdivision (a) that has not been litigated to finality and t...

Excerpt: ...erence with prospective economic advantage, breach of implied d u t y o f g o o d f a it h a n d in t e n t io n a l in f lic t io n o f e m o t io n a l d is t r e s s a g a in s t Defendant California Department of Developmental Services, California governmental agency. (Complaint ¶ 2. ) The complaint is based upon a settlement agreement between Plaintiff and Defendant after Plaintiff was dismissed on July 21, 2015 from his position with Defen...

Excerpt: ...a motion to enforce a settlement p urportedly made at the mediation . Given the lack of a settlement in this case, Plaintiffs seek to restore a trial date . The trial date came off the Court's calendar when Plaintiffs, on January 23, 2024, filed a notice of conditional settlement of entire case. However, counsel for P la in t if f s in d ic a t e s t h e f o llo w in g , a s t o m is t a ke , in a d ve r t e n c e , s u r p r is e o r excusable n...

Excerpt: ...ed petition. Case manageme nt Conference is continued to June 6, 2024; 8:30 am; D1 . Fa ct s P e t it io n e r / P la in t if f is t h e Bu ild in g In d u s t r y As s o c ia t io n Tu la r e Kin g s Co u n t ie s , In c ., hereafter “BIATKC,” is a California nonprofit corporation that works to provide se rvice s, ne t working and re source s t o all builde rs, de ve lope rs, cont ract ors and associate d businesses in the building industry ...

Excerpt: ... arbitrator be confirmed by this Court . Plaintiff subsequently filed for arbitration with the AAA. An arbitration hearing was held between Plaintiff and Defendants on October 17, 2023 . On or around November 7, 2023 the Arbitrator John C. Lautsch rendered the “Final Award” which named Plaintiff the prevailing party, granted Plaintiff damages in the amount of $3,500, and attorney's fees in the amount of $27,748.55, and indicated that “shou ...

Excerpt: ...”); on September 30, 2022 D efendant opened an American Express Bonvoy Brilliant Amex Card Account with a current account number, last four digits 2004 (the ''2004 Account'') (collectively ''the Accounts'') (UMF Nos. 1, 12. ) The terms and conditions for use of the Accounts are governed by Cardmember Agreements. (UMF Nos. 2, 13. ) American Express sent Defendant a copy of the Cardmember Agreements along with the ...

Excerpt: ...viving spouse of Decedent Joanne Akpkarian -Souza (“Decedent”), alleges negligence based on the passing of Decedent on January 29, 2023 . The complaint was served December 28, 2023 . Plaintiff named Defendants “Kaweah Health Medical Group” and “Kaweah Health Medical Center.” (as well as Joseph Ford, D.O.) (Complaint. ) On December 28, 2023, “Defendants, KAWEAH DELTA HEALTH CARE DISTRICT dba KAWEAH HEALTH MEDICAL GROUP and KAWEAH HEA...

Excerpt: ...counsel for both parties that some, but not all, issues on these discovery motions have been resolved . The Court has reviewed the supplemental declarations filed by counsel . Defendant's counsel indicates that, while contact has been recently made with Defendant, Defendant remains homeless and without the documents or information necessary to respond to the discovery . Plaintiff's counsel provides the following as to the remaining issues : Reque...

Excerpt: ... October 9, 2021 and caused damage to Plaintiffs' property located next door to the Defend ant's property. P la in t if f s f ile d t h is c o m p la in t o n O c t o b e r 6 , 2 0 2 3 . Plaintiffs allege they are owners of 805 S. Court Street and that Defendant is the owner of 807 S. Court Street. (Complaint ¶ ¶ 8, 9. ) As to negligence, the complaint alleges a 2020 fire at the 807 S. Court address and June or July 2021 renovation of the 807 S...

Excerpt: ... the Court will not entertain this combination demurrer, motion to deem Plaintiff a vexatious litigant and for “return of fees.” The Court will adjudicate demurrer of Defendant Singh Sr, the only moving party . Any issue as to costs and recovery thereof are not at issue on this demurrer and, absent other circumstances not applicable here, are properly recovered upon final a d ju d ic a t io n o f t h is c a s e . As to complex designation, th...

Excerpt: ...ny, seeks to recover sums paid to its insured through the alleged responsible Defendants, Jason Curiale and Mary Padovich. Plaintiff filed proofs of service on August 14, 2023 indicating personal service on P a d o v ic h a n d s u b s t it u t e s e r v ic e o n Cu r ia le o c c u r r e d in J u ly 2 0 2 3 . On January 10, 2024, default was entered in favor of Plaintiff. On January 26, 2023, default judgment was entered in the amount of $12,788....

Excerpt: ...of recovery of costs, is the prevaili ng part y. Plaintiff, on January 5, 2024, provided notice of entry of the above referenced ju d g m e n t b y e m a il. Plaintiff, on January 22, 2024, filed their memorandum of costs on MC -1 0 , seeking to recover $49,228.76 as follows: Co s t Amount Ch a lle n g e b y Defendant? 1. Filing and Motion Fees $645.00 Ye s 2 . J u ry Fe e s $912.29 No 4. Deposition costs $11,1175.64 No 5. Service of Process $190...

Excerpt: ...tion to “permit Plaintiff to file an amended complaint substituting the Defendants' names in place of their f ic t it io u s (D o e ) d e s ig n a t io n . ” The Court, on January 5, 2023, however, denied the motion, stating : “Here, the Court has further reviewed in camera the certificate of corroborative fact executed by Plaintiff's counsel. […] However, Plaintiffs' counsel, in the Court's opinion, fails to state the source of any of th...

Excerpt: ...action only . On January 25, 2024, Defendant filed this motion to compel arbitration based upon an executed Arbitration Agreement, signed by Plaintiff on March 3, 2022 and stating : “Employee and Employer (collectively referred to as the “Parties”) understand and agree that any dispute arising out of or relating to Employee's employment, except for thos e disputes expressly excluded below, will be submitted to final and binding arbitrat...

Excerpt: ...tgomery. Defendants are Tad Edwards and Melissa Barber. (First names are used herein to differentiate between the individuals and partnership. ) On or about December 13, 2021, Plaintiffs Bret and Anthony filed a verified complaint as to dissolution of the partnership alleging causes of action for breach of the partnership agreement, breach of fiduciary duty, for an accounting and for the appointment of a receiver . On or about September 12, 2022,...

Excerpt: ...ke, with leave to amend; Plaintiff shall have ten (10) days to file an amended complaint. Case Management Conference is continued to May 15, 2024; 8:30 am; D1. Facts Common to (1) and (2 ) On November 6, 2023, Plaintiff Juan “David” Corona (“Plaintiff”) filed his Complaint against Defendant Irish Electric Corporation (“Irish” or “Defendant”) for the following causes of action: (1) Failure to Pay Off -the -Clo c k Tim e ; (2 ) Fa i...

Excerpt: ...'s motion for relief moot and places the cas e at issue and ready to set for trial; (2) To deny the motion. (1 ) Fa ct s P la in t if f f ile d t h e in it ia l c o m p la in t Ap r il 4 , 2 0 2 2 a n d s e r v e d D e fe n d a n t Is o d o r o Fernandez personally on July 11, 2022. Defendant Fernandez answered the complaint July 8, 2022 . Plaintiff filed an amended complaint June 16, 2023 . Plaintiff served Defendant with the amended complaint v...

Excerpt: ... and for sanctions against Defendant for an alleged breach of a settlement agreement entered into after mediation on November 17, 2023 . Plaintiff states “FCA is holding the settlement hostage by trying to add terms that were not agreed upon at mediation. FCA's conduct of (1) delaying the settlement to add terms not negotiated and/ or agreed upon at mediation; (2) refusing to honors (sic) it s obligations under the settlement; and (3) creating ...

Excerpt: ... $171,514.32) The gross settlement amount is $662,000. Plaintiff estimates approximately 131 proposed Class Members, providing an estimated average payout of $1,309.27 per member. The Class Members consist of: All p e r s o n s e m p lo y e d b y D e f e n d a n t Vis a lia Ce r a m ic Tile , In c . in t h e p o s it io n o f Tile Helper/ Finisher in the State of California who worked at any time between June 21, 2014, to November 4, 2021, and di...

Excerpt: ... dangerous condition of an uneven, broken or deteriorating road causing Plaintiff to lose control of his motorcycle in June 2021. Af t e r t h e t r ia l, t h e ju r y is s u e d a v e r d ic t in f a v o r o f t h e P la in t if f , f in d in g a s f o llo w s : 1. The County owned or controlled the Subject Property; 2. The Subject Property was in a dangerous condition; 3. The County had notice of the dangerous condition for a long enough time f...

Excerpt: ...st Oakwood Drive, Tulare, CA 93274 [‘Subject Property']” (C o m p la in t ¶ 4 . ) P laintiff names individual Defendants Gerardo Lara and Dora Lara, as well as all “all persons claiming by, through or under such person, and all persons unknown, claiming any legal or equitable right, title, estate, lien, or interest in the property describ ed in the compliant, adverse to plaintiff's title thereto” (hereinafter referred to as “unknown de...

Excerpt: ...0, 2023, default judgment was prepared to be entered in the amount of $33,903.93, but was placed on hold pending the January 3, 2024 ex parte hearing to set aside the entry of default. No judgment has been entered in this matter. On January 3, 2024, at the ex parte hearing, the Court set this matter for a noticed motion on this hearing date. In support of the motion, the Court has reviewed the only filing by Defendant in this matter on December 2...

Excerpt: ...purchase of undeveloped real property form Defendants subject to a number of agreements and assignment of the rights under those agreements. In September 2020, Defendants Donahue Schriber Realty Group, L.P. and Donahue Schriber Asset Management Corporation (collectively “Donahue Schrieber”) as seller, entered into a purchase and sale agreement and joint escrow instructions (the “PSA”) with Salim Development Group, as buyer, for a parcel o...

Excerpt: ...in the performance of certain dental implant treatment. As to the third cause of action for fraudulent misrepresentation, Plaintiff seeks "reasonable attorneys' fees and costs" and on all causes of action "for attorneys' fees authorized by law." The first amended complaint also states: "14. The actions of Defendant Redwood Family Dentistry and its associated dentists, particularly Dr. Jessy Malli, D.D.S., constitute a clear violation of the Calif...