Excerpt: ...8, 12, 13. ) The Court, having denied Plaintiff's motion for leave to amend, evaluates the motion based upon the operative complaint alleging abuse occurred in 1981. “The p le a d in g s p la y a ke y r o le in a summary judgment motion. The function of the p le a d in g s in a m o t io n for summary judgment is to delimit the scope of the issues and to frame the outer measure of materiality in a summary judgment proce e ding.” ( Hu t t o n v...

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: ...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: ...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: ...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: ...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: ...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: ...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: ... 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: ... 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: ...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: ... 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: ...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 ...