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: ...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: ...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: ...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: ...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: ...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: ... 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: ...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: ...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: ...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: ...'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: ...aintiffs presented the Subject Vehicle to GM's authorized repair facility on three (3) different occasions. Plaintiff filed this lawsuit in June 2020, alleging violations of the Song-Beverly Act, breach of express and implied warranties and fraud by omission. The matter resolved via settlement and Plaintiffs move for recovery of attorneys' fees and costs pursuant to this noticed moton. Plaintiff notes that it engaged in what the Court considers t...

Excerpt: ...ms pending arbitration. Background Facts In this matter, Plaintiff, on behalf of himself and other persons similarly situated, brings various causes of action for violations of California's Labor Code and unfair competition laws on a class wide basis, and for violations of the Private Attorneys General Act (PAGA). Plaintiff has named as defendants Shannon Bros. Co and SBC U)gistics, Inc. Defendants, collectively, move for an order compelling arbi...

Excerpt: ... the hearing were made by either party and the Court sent notice of its ruling by mail the same day. On December 7, 2023, Defendant moved this Court ex parte to dismiss the matter for failing to timely amend the complaint. The Court then set this matter for noticed moton on January 4, 2024 date. The Court then continued the matter to this date and is hearing this motion simultaneously with the moton to expunge lis pendens. Defendant states that t...

Excerpt: ... schedule: Defendant agrees to pay Plaintiff a minimum of $200.00 due on or before 5/31/2023, then a minimum of $200.00 due by the 30th day of each and every month thereafter beginning 6/30/2023, until Defendant has paid the total judgment amount. The stipulation also prov-des that Defendant agrees to pay any first appearance fee should Plaintiff file the stipulation. The stipulation does not provide for any other costs. Defendant made two initia...

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...

Excerpt: ... modify all references to 1981 to "from 1984 to 1986." Plaintiff states that upon review of her foster care records, it was discovered that Plaintiff was a dependent of Defendants from 1984 to 1986 and Plaintiff was placed by Defendants in a foster care home located in the County of Tulare in 1984. (Declaration of Kelly 96.) However, the Court has never authorized the substitution of the fictious name Doe 1 for the true name of Doe 1. The Court's...

Excerpt: ...ass action and PAGA settlement, attorneys' fees, costs, enhancement award, LWDA payment and class certification for settlement purposes came on for hearing on January 18, 2024. The court finds and rules as follows: On July 18, 2023, the settlement administrator, IYLM, received a mailing list of 276 potential class members from Defendant's counsel with names, contact information, social security numbers and relevant employment information. This in...

Excerpt: ...days from the date of this hearing. This is a collections case filed by Plaintiff for open book account against Defendant Bohde. Plaintiff filed a proof of service indicating personal service occurred on April 1, 2023 as to Defendant Bohde. Default was entered May 22, 2023. Default judgment was entered October 2, 2023. On November 13, 2023, Defendant, through counsel, filed this motion for relief from default judgment. Counsel has filed a declara...

Excerpt: ...tion 404 and rule 3.524, to determine if the two matters are complex and, if so, whether coordination is appropriate. The operative complaint in the first case filed, Mitchell v. Ray A. Morgan Company, LLC, et al., VCU292052 (the "Mitchell Case"), filed November 17, 2021, contained both class acton and PAGA claims and was initially filed in Los Angeles County and designated complex by the Los Angeles Superior Court. The parties in this matter sti...

Excerpt: ...") was purchased from GM's authorized dealer. (Third Amended Complaint ("TAC") Plaintiff further alleges the Subject Vehicle was manufactured with a defective transmission. (TAC 923.) "GM knew since prior to Plaintiff purchasing the Subject Vehicle, that the 2021 Chevrolet Silverado 1500 vehicles equipped with the same transmission are defective, contained one or more defect(s) to the transmission which may result in hesitation on acceleration, l...

Excerpt: ...for trial preference under Code of Civil Procedure section 36 and initially sought to have trial set in six months from this hearing. No opposition has been filed to this motion. The reply now indicates the preferred trial date is in August 2024. Authority and Analysis Code of Civil Procedure section 36(b) specifically provides: "A civil achon to recover damages for wrongful death or personal injury shall be entitled to preference upon the motion...

Excerpt: ...ally, no statement of compliance with Tort Claims Act as to the timely presentation of this presumed tort claim has been stated on the form complaint utilized. Defendant has demurred to the complaint on these grounds. Authority and Analysis The purpose of a demurrer is to test whether a complaint "states facts sufficient to constitute a cause of action upon which relief may be based." (Young v. Gannon (2002) 97 Cal.App.4th 209, 220. To state a ca...

Excerpt: ...(IJMF No. 2.) Plaintiff alleges Defendant breached the standard of care in (1) his treatment of Plaintiff by refusing to admit her when she presented to the emergency department; (2) in his treatment of her when she was admitted; (3) by refusing to care for her after she was admitted; and (4) when he discharged her after concluding treatment. (IJMF No. 3.) Defendant submits that his expert, Scott P. Serden, M.D, based on his knowledge, education,...

Excerpt: ... involve litigation of custody and visitation involving their two minor children. The court takes judicial notice that there has been substantial litigation activity in the family law case. Jonda and Jennifer Salmon were once long-time friends. Now they are not. Jennifer Salmon and Vernon Avila are now friends. On April 21, 2023, Jonda wentto Vernon's home and Jennifer was there. Jonda maintains that Vernon had refused to take their children to s...

Excerpt: ... located at 1114 Martin Luther King Jr Ave., Unit 1114B, Tulare, California 93274 ("Subject Property") resulting in a bed bug infestation. Plaintiffs allege eight causes of action, including, relevant here, the seventh cause of action for violation of Business and Professions Code 17200 and for punitive damages. The complaint alleges that around December 2022, Plaintiffs rented and moved into the Subject Property and immediately notified Defendan...

Excerpt: ...ent purposes came on for hearing on December 7, 2023. The Court finds and rules as follows: On November 13, 2023, the settlement administrator IYLM Group, through its Case Manager, filed a declaration detailing the following events. On June 30, 2023, the administrator received a mailing list of 157 potential class members from Defendant's counsel with names, contact information, social security numbers and relevant employment information. On Augu...

Excerpt: ...rs employees and servants, including the nursing staff and technicians; and (2) vicarious liability forthe negligence of the physicians who provided care to Plaintiff at Sierra View Medical Center. Plaintiff alleges medical malpractice as to the December 5, 2021 failure to remove ectopic pregnancy and follow up care and on December 7, 2021 as to the initial refusal to admit Plaintiff to the emergency room and breach of standard of care when Plain...

Excerpt: ...he Court ordered Plaintiff's individual PAGA claims to arbitration and stayed this matter as to Plaintiff's representative PAGA claims. The parties settled Plaintiff's individual PAGA claims in a separate settlement not contingent upon this action. This settlement is to Plaintiff's representative PAGA claims and, if approved, will resolve all claims in this lawsuit. 1. Sufficiency of Amount of Settlement (Proposed Net Distribution: $135,666.67) T...

Excerpt: ...rike punitive damages under the prayer related to medical malpractice without leave to amend; to find the availability of attorneys' fees as to fraud moot by the ruling on the demurrer providing leave to amend; to grant the motion to strike as to "attorney's fees as authorized by law" without leave to amend as to "all causes of action." (1) Demurrer Plaintiff, alleges moving Defendants Redwood Family Dentistry and Jasjeet S. Malli, D.D.S. were pr...

Excerpt: ...dgment nunc pro tunc for costs in favor of Defendant in the amount of $103,980. On September 11, 2023, the judgment entered August 29, 2023, was served on Plaintiff. On September 26, 2023, Plaintiff filed the notice of intent for new trial. On October 6, 2023, Plaintiff filed the motion for new trial. Though the grounds on which this motion is made are more thoroughly discussed below, Plaintiff asserts generally that the Court's conduct, comments...

Excerpt: ... against Defendants Flores Ag Services, Inc. and S.C. Critchley Inc. Defendant Flores seeks to compel arbitration of Plaintiff, to enforce a class action waiver and to stay the representative PAGA claims pending the completion of arbitration. Defendant Critchley joins in this motion. Defendant, in their reply brief, has provided a version of the arbitration agreement at issue in English for the Court to review and analyze. Facts as to Agreement t...

Excerpt: ...World Food & Ag., Inc. and seeks to impose liability against individual defendants Brian Blain, Brody Blain, and Barrett Blain (the Blains) on an alter-ego/veil-piercing theory. The Blains move for summary judgment, or, alternatively, summary adjudication of various matters. In effect, the Blains challenge the City's alter-ego/veil-piercing theory of liability, as it is only by way of that theory that the City's complaint frames any issue of liab...

Excerpt: ...nded complaint; (2) To contnue the motion to expunge based on the demurrer ruling. On February 12, 2007, Plaintiffs executed a promissory note reflecting a loan they obtained from Mortgage Investment Leding Associates, Inc./MERS for $25,500.00 ("Loan"). (Request for Judicial Notce ("RJN"), Exhibit A.) The Loan was secured by a second position junior Deed of Trust ("DOT") encumbering the real property commonly known as 1915 Payan Avenue, Dinuba, C...

Excerpt: ... filed this complaint alleging a single cause of action against Defendant for premises liability based on a dangerous condition. (UMF No. 3.) Defendant characterizes Plaintiff's Complaint as alleging that Defendant "had failed to barricade the area and/or warn of the dangerous condition, rendering said premises dangerous and resulting in serious bodily injury.„." (UMF No. 4.) Plaintiff disputes this characterization and adds that his complaint ...

Excerpt: ...to Defendant at Defendant's request as to a Home Depot Credit Card containing the last four digits 1281. Plaintiff alleged damages in the amount of $6,330.22. Defendant answered the complaint on June 29, 2023, stating "l know I owe the money..." On August 9, 2023, Plaintiff filed this motion for judgment on the pleadings on the basis that Defendant's answer did not deny that the money was owed to Plaintiff. Notice of this motion as mailed to the ...

Excerpt: ...en in Tulare County, including Plaintiff." (Complaint 2, 9.) Plaintiff alleges that while she was in foster care under the custody, care, and control of "DEFENDANTS" in approximately 1981, when Plaintiff was approximately thirteen (13) years old, Plaintiff was sexually abused and assaulted by her Foster Father, in whose home she was placed. (Complaint 23, 24.) Plaintiff alleges that she reported this abuse to a social worker and that no action wa...

Excerpt: ...d a declaration and supplemental briefing addressing these issues. Attorneys' Fees and Costs Attorneys' fees of 33% of the gross settlement fund of $445,130 or $148,375.57 and costs not to exceed $25,000 are sought by Plaintiff's counsel. Counsel has utilized the percentage of common fund methodology as well as provided adequate lodestar information to evaluate the reasonableness of the fee request. Here, Counsel indicates that the firm has spent...

Excerpt: ...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, fora parcel of land in a development in the City of Visalia. (FAC '18.) The PSA was amended a number of times, including a third amendment where ...

Excerpt: ...age payout of $121.66. The Class Members consist of: All current and former non-exempt employees of Agustin Ceballos Baca dba A&L Harvesting who performed work for Porterville Citrus, Inc. in California at any tme from December 2, 2018 through October 15, 2023. Plaintiff primarily alleged the following violations: (1) meal period violations premised on failure to provide timely duty-free 30 minute first meal periods; (2) rest period violations pr...

Excerpt: ... of action against the City is for dangerous condition of public property and failure to maintain public property as to non-functioning pedestrian cross-walk flashing beacons designed to alert others of the presence of pedestrians in the cross-walk. Material Facts The following facts are undisputed by Plaintiff Carranza, unless otherwise indicated. On July 20,201B, at approximately 6:10 a.m., Decedent was struck and killed by a vehicle while oper...

Excerpt: ... handle the transactions. Plaintiffs allege they "developed valuable contractual and other business and economic relationships with Airbnb and VRBO that provide[] [them] with the probability of future economic benefit." Plaintiffs allege defendant has tortiously interfered with these relationships in various ways. Defendant moves to strike the complaint under Cuie of Civil Procedure section 425.16, California's anti- SLAPP statute. The ant-SLAPP ...

Excerpt: ...ese landlords as well as other defendants alleged to be in a "joint venture," "partnership" or "common enterprise" with them. In the now second amended complaint, CIDF states various claims, the principal contentions of which are that the defendants failed to fix dairy equipment and fixtures, failed to pay for other miscellaneous items to be fixed, and failed to provide certain accommodations for CIDF's dairy operations, including water and waste...

Excerpt: ... Doe 1 on March 15, 2023. On August 28, 2023, Doe 1 filed a fee waiver request and this motion for an extension of time. The motion indicates Doe 1 is incarcerated and was uncertain if his fee waiver would be accepted prior to filing a responsive pleading in this case. The fee waiver request was granted August 28, 2023. Plaintiff did not seek entry of default until September 7, 2023. Authority and Analysis The Court will grant Doe I's request for...

Excerpt: ...aintiff alleges he is the assignee of Westlake Financial Services, LLC, dba Westlake Financial Services ("Westlake Financial), the named "Lender Loss Payee" and/or Additional Insured under ALJlC's Policy Number MIL4935650 (the "Policy"). (Complaint 9, 11-14.) Plaintiff sues under theories of breach of contract and breach of implied covenant of good faith and fair dealing. Plaintiff seeks punitive damages on the breach of implied covenant theory. ...

Excerpt: ...' Counsel Michael Daurio filed a motion to be relieved as counsel as to Plaintiffs Leticia collectively Salmeron surviving heirs Terriquez of Efrain and Cerjio Martinez Moreno, Martinez-Salmeron, Decedent. Plaintiffs' Counsel filed the following with respect to withdrawing: (1) MC-051 - Notice of Motion and Motion to be Relieved as Counsel; (2) MC-052 — Declaration in Support of Attorney's Motion to Be Relieved as Counsel; and (3) MC-053 - Orde...

Excerpt: ... motion to stay or dismiss this matter. Defendant's basis for this moton is that Defendant was, at all relevant times, a physician specializing in Obstetrics and Gynecology at Altura Centers for Health ("Altura"), a federally qualified health center ("FQHC") (Declaration of Banks 91.) Defendant states that Altura is an FQHC under the Federally Supported Health Centers Assistance Act of 1992 ("FSHCAA"), and therefore Altura and its officers and em...

Excerpt: ...retire and subsequently cash out the value of stock that Plaintiff had acquired over his years of employment pursuant to the Stock Redemption Agreement. (Complaint "6, 7, 9.) Plaintiff alleges he was induced to sign a document which purported to value and redeem his shares in the amount of $95,423.58. (Complaint "16, 17, 18, 21, 22.) The Stock Redemption Agreement contains the following term: "Arbitration. If any controversy or claim arising out ...

Excerpt: ...f class action and PAGA settlement, attorneys' fees, costs, enhancement award, LWDA payment and class certification for settlement purposes came on for hearing on October 5, 2023. The Court finds and rules as follows: On September 8, 2023, the settlement administrator Phoenix, through its Case Manager, filed a declaration detailing the following events. On April 27, 2023, the administrator received a mailing list of 341 potential class members fr...

Excerpt: ... of the transfer fee in the sum of $50 payable to the Tulare County Superior Court and the submission of a separate check for the filing fee in the sum of $435.00 payable to Fresno County Superior Court, to be submitted to the Tulare County Superior Court, to effectuate the transfer. The Court sets this matter outto November 30, 2023, 8:30 am, Dl, for status of the payment of the transfer costs to this Court and this Court's transmittal of the ma...

Excerpt: ...a has sued Defendants Food for Athletes, Inc., Gary Ferguson, Darren M. Long, Sr„ Brian Martinho, Becky Long and Darren Long, Jr. for breach of contract, elder abuse, constructive fraud, promissory fraud, unlawful business practices, shareholder inspection and direct suit for breach of fiduciary duty. Plaintiff filed this action September 22, 2022. Plaintiff alleges he became a shareholder in Food for Athletes starting in 2017 and continuing th...

Excerpt: ... made on August 3, 2023 at the Subject Pro#rty. The service was performed by a registered California process server. On September 5, 2023, default judgment was entered. On September 12, 2023, the writ was issued. On September 19, 2023, Defendant filed this ex parte motion for relief from default judgment. In support, Defendant indicates "I was never served." As to notice, Defendant indicates that notice to Plaintiff's attorney was provided via vo...

Excerpt: ...unt of Settlement (Net Estimated: $235,753.33) The gross settlement amount is $445, 130. Plaintiff estimates approximately 120 proposed Class Members, providing an estimated average payout of $1,960.00 per member. The Class Members consist of: "non-exempt employees employed and directly hired by Defendant KW in California at any time from January 3, 2018 through the date the Court grants preliminary approval, unless an earlier end date is selecte...

Excerpt: ... ("Plaintiff" or "CIDF") fourth cause of achon for breach of oral contract against all Defendants and ninth cause of action for implied easement against the "Landlord" Defendants. Plaintiff's Second Amended Complaint defines "Landlord(s)" as Kourosh Malakan, Trustee of the Koroush and Golnaz Malakan Family Trust; Nader Malakan, Individually and as Trustee of the Nader Malakan Revocable Trust, Avila Ranch, and FG2 Holdings. This second amended com...

Excerpt: ... "joint venture," "partnership" or "common enterprise" with them. In the now second amended complaint, CIDF states various claims, the principal contentions of which are that the defendants failed to fix dairy equipment and fixtures, failed to pay for things to be fixed, and failed to provide certain accommodations for CIDF's dairy operations, including water and wastewater disposal accommodations. In a generally stated listing of prayers for rel...

Excerpt: ...,395.06. Defendant answered the complaint on May 11, 2023, admitting all of the allegations of the complaint and stating that Defendant had tried to come to an arraignment with Plaintiff, but was unable to do so. Meet and Confer Plaintiff states that counsel attempted to contact Defendant regarding this Motion in accordance with Code of Civil Procedure section 439(a). "Before filing a motion for judgment on the pleadings pursuant to this chapter,...

Excerpt: ...ntiff, on December 7, 2021, filed this Song Beverly achon for breach of express and breach of implied warranties. Plaintiff' written discovery on GM, consisting of 37 requests for admissions, 46 requests for production of documents, 49 special interrogatories and 27 form interrogatories. The parties disagreed as to the sufficiency of GM's responses and Plaintiff filed various motions to com#l further responses and for a of GM's person most qualif...

Excerpt: ...n the fifth cause of action for fraud on the basis of a failure to allege a transactional relationship between GM and Plaintiff. Specifically, that the lack of allegations in the initial complaint that the Subject Vehicle was purchased from an authorized dealership or that the dealer is the agent for purposes of sale of GM vehicles to Plaintiff. (Dhita/ v. Nissan North America, Inc. (2022) 84 cal.App.5th 828, 844.) The First Amended Complaint all...

Excerpt: ... an alleged slip and fall on an unknown substance while lawfully on Defendants' premises on September 29, 2020. After discovery responses identified providers who treated Plaintiff for injuries allegedly caused by the slip and fall and partial records containing redacted medical history, Defendant issued subpoenas to: (1) Raman Verma, MD; (2) Kaweah Delta District Hospital ROI Department; (3) Kaweah Delta District Hospital Visalia Films; (4) Kawe...

Excerpt: ...s commencing May 15, 2022 until the is paid in full. The parties executed a stipulation for settlement and obtained an order regarding stipulation for settlement and entry of judgment with an express reservation of the Court's jurisdiction under Code of Civil Prmædure section 664.6 prior to dismissal by the Court. Plaintiff indicates that, to date, Plaintiff has received only from Defendant. Defendant, therefore, seeks entry of judgment in the p...

Excerpt: ...05C)- 037. The taking includes approximately 5,800 square feet of road right-of-way and fee title, and about square feet of temporary construction easements ("Subject Property." ) The project for which the property is to be acquired is the Road 67 Operational Improvements Project (the "Project"). The Project generally consists of repaving and widening a portion of Betty Drive between County Road 67 and Robinson Road, as well as installing drainag...

Excerpt: .... Plaintiff filed this action arising out of his former employment as assistant program director with Defendant Turning Point of Central California, Inc. (Complaint 94.) Plaintiff alleges that he was employed at Turning Point from September 5, 2017 through July 31, 2022. (Complaint 915.) Plaintiff states he is homosexual. (Complaint 917.) Plaintiff alleges that on June 1, 2022, Plaintiff was diagnosed with HIV. (Complaint 918.) Plaintiff indicate...

Excerpt: ...aving obtained an order of this Court deeming various admissions admitted by Defendants, seeks summary adjudication as to the breach of contract and breach of guaranty causes of acton. As to Defendant Torres and the breach of guaranty cause of action, Plaintiff indicates that Torres signed an individual personal guaranty section as part of the Agreement with Defendant Juan Torres Constructon Inc. as to payment for rental of equipment from Plainti...

Excerpt: ...or failure to present evidence that Peninsula is an intended third party beneficiary; to stay the entire action pending the arbitration against Sonoco. Parties to appear at CMC to discuss the status of Peninsula Packaging, LLC. Background Facts Plaintiff brings this class action and PAGA case for various violations of the Labor Cuie. (Complaint.) Defendants Sonoco Plastics, Inc. and Peninsula Packaging, LLC ("Peninsula") (collectively, "Defendant...

Excerpt: ... 7.) Atkins disputes that it was not "advised" "upon commencement" but instead advised "after commencement" that it would be responsible for the fees at issue. (Disputed to UMF No. 6.) Atkins paid the fees under protest and then instituted this litigation to recover what it paid. (UMF No. 8.) At issue is the contract provision under 70-02 entitled "Permits, Licenses and Taxes" which states, in full: "The Contractor shall procure all permits and l...

Excerpt: ...action against a number of defendants, including moving parties (1) Roman Mancilla (2) Victor Hugo Casanova and (3) Marco Antonio Casanova for breach of contract, fraud, negligent misrepresentation, unjust enrichment and quantum meruit. On January 19, 2023, Plaintiff filed three proofs of service indicating substitute service as to (1) Roman Mancilla (2) Victor Hugo Casanova and (3) Marco Antonio Casanova occurred at 535 E. Bel Aire Dr., Dinuba, ...

Excerpt: ...gently operated his vehicle causing the accident with Plaintiff. (Complaint 923) As to the District, Plaintiff alleges that the Defendant Driver was operating the subject vehicle with the express or implied authority of the State of California, the County of Tulare and the District, was an agent or employee of the State of California, the County of Tulare and the District and within the course and scope of such employment with State of California...

Excerpt: ...roperty") owned by Defendant and moving party Alfred Farr Jr. Plaintiff alleges she was injured by an explosion due to a propane leak. (Complaint 923.) Plaintiff alleged negligence and premises liability. (Complaint 910.) On August 26, 2022, Defendant served Plaintiff with requests for admissions. Having received no responses, Defendant successfully moved to deem the admissions admitted. Therefore, Plaintiff has admitted 17 requests including tha...

Excerpt: ... if Defendant defaults and remains in default for more than ten (10) days, Plaintiff will, by ex parte motion, submit an order for entry of judgment. The judgment amount to be entered, pursuant to the stipulation and order, is $13,935.98, plus interest from March 15, 2020, plus costs and fees, less any payments received by Plaintiff. The Court expressly reserved jurisdiction under Code of Civil Procedure section 664.6. Plaintiff indicates receipt...

Excerpt: ...t supervision, hiring and retenton claim; to sustain the demurrer by Defendant Victoria to the third and fourth causes of action with leave to amend as to vicarious parental liability; Plaintiff shall have ten (10) days to file an amended complaint as to this issue To grant the motion to strike as to Nos. 1 through 3; to find the motion to strike as to Nos. 4 2. through 8 moot by the ruling on demurrer as to the third and fourth causes of action....

Excerpt: ... (1) and (2) Plaintiff, individually and as successor-in-interest to Decedent James Benton, brings this action for elder abuse/neglect, professional negligence, wrongful death, and negligent infliction of emotional distress arising out of care and treatment Decedent received at Defendant Kaweah in January and February of 2022. Defendant demurrers to the first cause of action for elder abuse/neglect and seeks to strike the requests for punitive da...

Excerpt: ...he light turned green, proceeded into the intersection. (Declaration of Chun '13.) Plaintiff further alleged that as he entered the intersection, his vehicle collided with Defendant's vehicle. (Declaration of Chun 93.) Plaintiff alleged that Defendant negligently drove through a red signal, causing the collisions and that this negligence was a substantial factor in causing Plaintiff's injuries. (Declaration of Chun 93.) At trial, the jury found t...

Excerpt: ...3, Plaintiff Starnet Insurance sued a number of Defendants in a complaint in subrogation for property damages. Relevant here to this demurrer, Plaintiff sued moving party Defendant CPM Wolverine Proctor for strict products liability, negligence, gross negligence, breach of contract and negligent misrepresentation. This complaint arises out of fire on January 18, 2021 allegedly caused by a Wolverine Proctor Roaster, sold by Defendant CPM pursuant ...

Excerpt: ... Plaintiff's autographed Lebron James rookie card at auction in exchange for Defendant collecting 10% commission. It was alleged that the card was sold at auction for $22,000, entitling Defendant to keep $2,200 in commission. Defendant is alleged to have kept $2,200 from the sale and provided only $5,000 to Plaintiff, promising the remainder of the funds in the future. Plaintiff alleges that Defendant has paid none of the amount owed except the i...

Excerpt: ...s Labor Code violations as well as for enforcement of Labor Code section 2698 or PAGA against Defendant National Diversified Sales, Inc. Defendant, on March 21, 2023, filed an answer containing an affirmative defense as to arbitration. Defendant now moves the Court to compel arbitration as to Plaintiff's operative amended complaint. In response, Plaintiff indicates consent to arbitrate the individual PAGA claim, but seeks to stay this achon as to...

Excerpt: ...emurring defendants, with leave to amend in accordance with the discussion below. Introduction Two of several defendants, the California Municipal Finance Authority (CMFA) and FortiFi, demurrer to plaintiff Raquel Cardenas-Mariscal's complaint alleging fraud in connection with a residential solar panel system transaction. Background Cardenas identifies herself as a 61-year-old Spanish-speaking woman, with a third-grade education level and with no...

Excerpt: ...posed Net Estimated: The gross settlement amount is $ $250ßW. Plaintiff estimates approximately 280 proposed Class Members, providing an estimated average payout of $400 per member. The Class Members consist of all persons currently or formerly employed by CT Commodities as non- exempt employees in the State of California at any time from January 29, 2017 to August 27, 2022. Plaintiff alleged causes of action for: (1) Inaccurate Wage Statements ...

Excerpt: ... after falling over in his wheelchair on the basis of dangerous condition on public property, premises liability, negligence and other causes of action against Defendants City of Tulare and CRD Construction. The City cross-complained against Todd Holmes and CRD Construction. CRD in turn cross-complained as to Holmes Properties, LLC and Taylor Cement ("Taylor"). Relevant to this demurrer, Holmes Properties LLC then cross-complained against Taylor ...

Excerpt: ...Also on April 28, 2023, Defendants filed this motion to amend the answer to add defenses of statute of limitations and comparative fault of third parties. No opposition was filed to this motion. Authority and Analysis The Court may, in furtherance of justice, and on such terms as may be proper, allow a party to amend any pleading. (Code Civ. Proc., SS 473, 575.) Judicial policy favors resolution of all disputed matters between the parties and, th...

Excerpt: ...property damage to a vehicle insured by Plaintiff State Farm Mutual Automobile Insurance Company. Plaintiff filed its Complaint in this Court in 2010, alleging that as a direct and proximate result of the negligence of Defendant, damages resulted to Plaintiff's insured's vehicle. Plaintiff, under the policy, paid to its insured the sum of and became subrogated to that amount. Judgment was entered May 6, 2013 in favor of Plaintiff against Defendan...

Excerpt: ...filed its fourth amended complaint alleging causes of action for fraud, conspiracy, breach of contract and unfair competition against Defendant Rangel, amongst others. Plaintiff, on December 29, 2022, served Supplemental Interrogatories Set No. 1 and Supplemental Requests for Production of Documents, Set No. 1 on Defendant Rangel. Responses were due no later than February 7, 2023. As of the date of this motion, no responses have been received. Au...

Excerpt: ...supplemental declarations as to notice period, lodestar information and current costs expended. On May 18, 2023, counsel submitted supplemental declarations addressing these issues. Class Notice The settlement agreement provides no claim form will be required of class members to participate in distributions. Only those wishing to objector opt out must file notce with the settlement administrator. Objections or opt out notces are now to be made wi...

Excerpt: ...e and indicated that the parties agreed that Plaintiff will pay $1,000 each month to Defendant beginning April 1, 2023. Plaintiff filed a notice of conditional settlement April 8, 2022 indicating dismissal by July 22, 2022 "unless deployment interferes." No dismissal appears to have been filed. On February 28, 2023, Plaintiff filed an ex parte application to stay this action pursuant to 50 united States Code section 3932(b), as Plaintiff is an ac...

Excerpt: ...ligence and premises liability case involving an explosion due to a propane leak at 38119 Balch Park Road Springville, CA 93265. ("Subject Property"). Defendant Farr Jr. is alleged to be the Subject Property's owner and operator. This matter was filed in 2021. Plaintiff is currently represented in pro per. On March 16, 2023, this Court granted Defendant Farr Jr.'s motions to compel discovery and to deem admissions admitted. The Court ordered resp...

Excerpt: ...nt of $11,001.90. Defendant answered the complaint on February 8, 2023 with the following: "l agree that the amount of $11,001.90 is owed to Capital One Bank (USA), NA" and sought a payment plan to resolve this matter. On April 18, 2023, Plaintiff filed this motion for judgment on the pleadings on the basis that Defendant's answer did not deny that the money was owed to Plaintiff. Notice of this motion as mailed to the address indicated on Defend...

Excerpt: ...n to strike as to the punitive damages claim moot; to deny the motion to strike as to the references to "felon;" (3) To deny the motion to permit judicial notice/adjudicate a motion to strike beyond the limitations in Code of Civil Procedure section 92. Facts Common to (1), (2) and (3) On February 1, 2023, Plaintiff Beams filed this limited civil action for conversion against Defendant Howard involving the refusal to return a vehicle valued at $7...

Excerpt: ... should be estopped from asserting a defense applicable to public entities as to three of six causes of action on the basis that "Even though defendant KAWEAH is a public entity, plaintiff was not aware of this fact when he was employed by defendant KAWEAH. Here, defendant KAWEAH did not inform plaintiff that it was a public entity and should be estopped from alleging that it is a public entity." (First Amended Complaint ("FAC") at 3:4-26.) Plain...