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...

Excerpt: ...le (VCT), Visalia Tile (VT) and American Ceramic Tile & Supply (ACT) alleging various wage and hour claims. Plaintiffs further allege defendants' business practices violated Business and Professions Code section 17200. Plaintiffs seek relief against all defendants on all their claims. Plaintiffs allege all defendants were each a "joint employer" of plaintiffs and, together, constitute a "joint enterprise," and are, therefore, jointly and severall...

Excerpt: ...nued to June 13, 2023; 8:30 am; Dl. Plaintiff filed this action for disability discrimination and other FEHA and Labor Code violations, including wage and hour violations on December 5, 2022 against Defendant Henry A Garcia Dairy. The proof of service filed December 16, 2022 indicates that substitute service was made on December 13, 2022 by delivery to Teresa Garcia and mailed to 12521 Avenue 200 Tulare, CA 93274-9035, Defendant's address. On Mar...

Excerpt: ...re payable within 30 days of notice of this ruling; Defendants to give notice. This is a dental malpractice case. Defendant Fareid Dental Corporation dba Packwood Creek Dental and Defendant Bevan Fareid, D.D.S. ("Moving Defendants) have yet to receive discovery responses from Plaintiffs, despite obtaining this Court's order compelling such responses thereto and for monetary sanctions. Moving Defendants now seek terminating sanctions in addition t...

Excerpt: ...her name and described as 30-40 years old, female, black hair, five foot three inches, 140 pounds and Hispanic. A registered process server made service in this manner according to the proof of service. The summons, complaint and other initiating case documents were then mailed to Defendant at the same address. Default was entered in the amount of $3,586.67 on July 11, 2007. The Judgment was renewed on July 12, 2016. In 2018, the Judgment was ass...

Excerpt: ...." ) As part of the purchase, Plaintiffs signed the Warranty Registration that confirmed they had the opportunity to review the Forest River, Inc. Limited Warranty as part of the purchase of the RV. (Hudler Decl. —Ex. B; Evans Decl.) Plaintiff's complaint confirms receipt of the express written warranty ("Limited Warranty") from Defendant Forest River. (Complaint at 2:19.) The Limited Warranty states, in the section entitled "Legal Remedies", p...

Excerpt: ...hout prejudice but retains jurisdiction to enforce the settlement expressly under 664.6. The settlement reflects the same retention of jurisdiction and is signed by Plaintiff and Defendant. The settlement provides a principal amount of $21,810.02 due to Plaintiff. The parties agreed that Defendant's insurance carrier National General Insurance, was to pay Plaintiff $7,645.95, and Defendant was to pay Plaintiff a total of $14,164.07 by a $150.00 d...

Excerpt: ...23, Department 1, 8:30 am. 1. Sufficiency of Amount of Settlement (Proposed Net Estimated: $286,250) The gross settlement amount is $495,000. Plaintiff estimates approximately 148 proposed Class Members, providing an estimated average payout of $1,934.12 per member. The Class Members consist of: All individuals who are or were employed by Defendants as non-exempt employees in California during the period April 27, 2018, through March 31, 2023 Pla...

Excerpt: ...ts to rental property located at 1089 Pioneer Ave, Porterville, CA (the "Subject Property") owned by Plaintiff's insured, Norma Avery. Plaintiff paid its insured approximately $77,000 to Ms. Avery and now seeks recovery from Defendants. On November 18, 2022, Defendants answered this complaint but did not file a cross-complaint. Defendants were represented in pro per at the time of the answer. On March 3, 2023, Defendants hired present counsel. De...

Excerpt: ...s to the second cause of action on behalf of the Adult Plaintiff without leave to amend; to sustain the demurrer as to the third cause of action without leave to amend as to both Plaintiffs; to sustain the demurrer to the fourth cause of action and fifth cause of action without leave to amend as to Defendant Childcare, the business entity of unknown form and sustains the demurrer asto Defendant Ramirez with leave to amend. Minor Plaintiff shall h...

Excerpt: ...ough 13 admitted as follows: 1. YOU (as used herein, "YOU" shall refer to the above-named responding party (Defendant) applied for a credit card charge account with Plaintiff. 2. YOU received a Customer Agreement when YOU received the credit card with account number xxxxxxxxxxxx4599 3. The Agreement provided that by using the credit card, YOU agree to be bound by the terms therein. 4. YOU received a credit card with account number XXXXXXXXXXXX459...

Excerpt: ...mendariz and Ruby Valencia Chavez arising outof a motor vehicle accident that occurred December 13, 2019. On September 19, 2022, Plaintiff filed a proof of service, completed by a registered process server, indicating service of the summons and complaint on Defendant Valencia was made on September 12, 2022, by personal service. On September 27, 2022, Plaintiff filed a proof of service, completed by a registered process server, indicating service ...

Excerpt: ...l Associates, Inc. or SROMA, and the later agreement that such services be #rformed by a different entity. SROMA was co-owned by Cross-Defendants Veena Ramsinghani, MD and Youssef Hanalla, MD, until approximately August 2020 when Dr. Ramsinghani retired and transferred her ownership interest to Dr. Hanalla. (LJMF Nos. 2, 45.) Moving Party Robert Havard, MD's initial relationship with SROMA and Drs. Ramsinghani and Hanalla included managing disput...

Excerpt: ...t Troy Sibel for Intentional Misrepresentation, Suppression of Fact, Conspiracy, Breach of Written Contract, and unfair Competition. Defendant Troy Sibel was served and answered the operative complaint through counsel. Thereafter, Defendant Troy Sibel, on August 24, 2021, passed away. The Court then granted Defendant Troy Sibel's attorney of record to withdraw as counsel. Erica Sibel-Tharp, Troy Sibel's daughter, initiated the Nevada estate proce...

Excerpt: ...d to provide notice to commence the five-day period under Code of Civil Procedure section 1281.6. Facts — Agreement to Arbitrate Petitioners Isaias Cardenas-Sanchez and Irene Cardenas-Sanchez filed the instant Petition against Respondent Allstate Insurance pursuant to California Insurance Code S 11580.2(f)(1). Pettioners thereafter filed a motion to compel arbitration based on an underinsured motorist policy (the "Porcy"), which "includes an ag...

Excerpt: ...ously to permit the PAGA claim to be added to the federal class action. However, Plaintiff has filed this PAGA case in this Court. Defendant argues that the PAGA claims cannot be added as the seek duplicative penalties already provided by the Labor Code and covered by the federal class achon claims. Defendant further argues stay under abatement and, alternatively, forum non conveniens. In opposition, Plaintiff notes the strict requirement of abat...

Excerpt: ... admitted by Defendant Juan Torres Construction, Inc. On November 8, 2022, Plaintiff served the Requests for Admissions on Defendant Juan Torres, an individual, by mail at the address stated on Defendant's substitution of attorney, whereby Defendant Juan Torres now represents himself. As of the date of this motion, no responses have been prov-ded to Plaintiff. Plaintiff now seeks to have Admissions Nos. 1 through 17 deemed admitted. No opposition...

Excerpt: ...o file an amended complaint. Case management conference is continued to June 14, 2023; 8:30 am; DI. Facts Common to (1) and (2) Plaintiff's First Amended Complaint seeks recovery for a number of claims under Song Beverly and, relevant here, a fifth cause of action for fraudulent inducement by concealment. Plaintiff alleges that "On or about April 9, 2021, Plaintiff entered into a warranty contract with Defendant GM regarding a 2021 Chevrolet Silv...

Excerpt: ...motion to strike punitive damages against all Defendants without leave to amend. Having set the pleadings as described above, the Court's review of the argument and authority cited by the parties in the motion to compel and opposition appears to be centered on the discoverability of documents relating to the hiring and training of Defendant, the purpose of the trip, and safety policies. Defendant Aarons argues that, in admitting that it is vicari...

Excerpt: ...nc.'s ongoing bankruptcy and stipulations regarding the corporation's defense of this case by the bankruptcy trustees. The Court notes no trial date has been reset in this matter. Authority and Analysis The Court may, in the furtherance of justice, and uinn any terms as may be proper, allow a party to amend any pleading. (CINIe Civ. Proc. SS 473, 576.) In general, California courts liberally exercise discretion to permit amendment of pleadings in...

Excerpt: ...rporation, Abeer Hafez, D.D.S„ Inc. since 2016. (UMF No. 1.) Plaintiff Amber Burkett was first seen by Dr. Hafez on a referral from a general dentist for evaluation of maxillary tooth #15, with the initial visit occurring on Monday, October 28, 2019. (UMF No. 2.) Plaintiff Amber presented complaining of pain in tooth #15 for four (4) months, with the tooth chipping prior to the initial visit causing an increase in pain and complaints that she w...

Excerpt: ...lysis relating to the reasonable value of this case so that the Court may compare it to the proposed settlement amount, attorney rate and hours information to calculate the lodestar, the presently incurred costs and proof of submission of the settlement to the LWDA. On March 9, 2023, counsel submitted a supplemental declaration addressing these issues, as indicated below. 1. Sufficiency of Amount of Settlement (Net Estimated: $122,750) The gross ...

Excerpt: ...default was entered against both and, after a prcwe up hearing on February 8, 2022, the Court found judgment in favor of Plaintiffs in the amount of $25,400.45. The parties entered a lease concerning the tenancy which contained a provision for reasonable attorneys' fees to be awarded to the prevailing party in an achon brought for recovery of rent or breach of covenant contained in the lease as follows: "[t]he prevailing party in an action brough...

Excerpt: ...complaining that her dentist said she had an infection in tooth No. 18, in which she had a root canal years earlier. (UMF No. 1.) At the time of the evaluation, Dr. Olson noted that Plaintiff Amber had no pain, and no sensitivity to cold or percussion tooth No. 18. (UMF No 2.) Following the evaluation Dr. Olson diagnosed asymptomatic apical periodontitis and concluded that Plaintiff Amber required non-surgical root canal treatment therapy, follow...

Excerpt: ...ode section 17200. The Court notes no cause of action under the Private Attorney General Act (“PAGA”) in the operative complaint. Settlement Agreement The parties thereafter settled this lawsuit and executed a settlement agreement in August 2022 (“Settlement Agreement”) that agreed to and contemplated the following: “1. Within 10 days of executing this Agreement, Plaintiff shall file a First Amended Representative Action Complaint to re...

Excerpt: ...ff for a credit card account, entering into a written credit card account agreement with Plaintiff for the account number ending in 2004 (the “Account”) on April 7, 2000. (UMF Nos. 1, 10.) Defendant agreed to be bound by the terms and conditions set forth in the agreement when the defendant applied for, received or used the credit card or the account. (UMF Nos. 2, 11.) After receiving the credit card, purchases were made by the use of the acc...

Excerpt: ...timated: $122,750) The gross settlement amount is $285,000. Plaintiff estimates approximately 645 proposed Class Members, providing an estimated average payout of $190.31 per member. The Class Members consist of: All current and former hourly, non-exempt employees of Defendant in California at any time during the May 3, 2017 through November 11, 2022. The operative complaint alleges eleven causes of action against Defendant for violations of the ...

Excerpt: ...tiff's path through an intersection. Plaintiff alleges general negligence on the part of Villanueva and Aaron's, and claims against Aaron's for the negligent hiring, supervision, training and/or retention of Villanueva, and negligent entrustment of the truck to him. Plaintiff additionally alleges entitlement to punitive damages against both Villanueva and Aaron's. Here, Aaron's moves to strike plaintiff's punitive damages prayer. Plaintiff's alle...

Excerpt: ...leged as to Moving Party Defendant Dr. Jason Sorensen is medical malpractice by Plaintiff Amber Burkett and a derivative cause of action for loss of consortium by Co-Plaintiff Eric Burkert. (UMF No. 2.) On February 11, 2020, Plaintiff Amber had a consultation with Dr. Sorensen regarding the extraction of her Tooth No. 15 (the Tooth Extraction). (UMF No. 5) Prior to this consultation, Plaintiff Amber had been referred to Dr. Sorenson after other s...

Excerpt: ...h Care District and alleges, relevant to this demurrer, a fourth cause of action for wrongful termination in violation of public policy, fifth cause of action for failure to provide meal and/or rest breaks under Labor Code section 512 and 226.7, and sixth cause of action for Labor Code section 203 penalties. Plaintiff alleges Defendant employed him as a Registered Nurse (“RN”) from October 2018 to September 9, 2021. Plaintiff's fourth cause o...

Excerpt: ..., All-Pro Bail Bonds, posted bond number 527355188-1, in the amount of $20,000 for the release of the Criminal Defendant from custody. On July 30, 2019, Criminal Defendant was released from custody. On November 19, 2020, Criminal Defendant appeared in court for a preliminary hearing examination. There appears to be a central factual dispute as to whether the Criminal Defendant was in custody or out of custody at the November 19, 2020 preliminary ...

Excerpt: ... Compel Initial Responses to Special Interrogatories of Plaintiff Amber Burkett; (4) Defendants Fareid Dental Corporation Dba Packwood Creek Dental and Bevan Fareid, D.D.S's Motion to Compel Initial Responses to Production of Documents of Plaintiff Eric Burkett; (5) Defendants Fareid Dental Corporation Dba Packwood Creek Dental and Bevan Fareid, D.D.S's Motion to Compel Initial Responses to Responses to Production of Documents of Plaintiff Amber ...

Excerpt: ...rbitration and dismiss this matter on the basis of a signed arbitration agreement. Facts – Agreement to Arbitrate Defendants, in support of this motion, submit the declaration of its safety technician David Bernardi who personally handled the orientation process as to Plaintiff on January 28, 2022. (Declaration of Bernardi (“Bernardi Decl.”) ¶¶ 1,2.) On January 28, 2022, Mr. Bernardi provided various employment documents to Plaintiff, inc...

Excerpt: ... Madrigal's Motion for Summary Judgment Plaintiff Burrell filed a single cause of action against individual defendant Abel Madrigal for (1) unlawful harassment on the basis of race under California Government Code §12940(j). Defendant Madrigal moves for summary judgment as to this cause of action, or, in the alternative, summary adjudication as to four issues that make up the elements of a prima facie case for harassment and the fifth for puniti...

Excerpt: ...aye, sexually abused her during her fourth‐grade year at Summit Charter Academy‐Lombardi (Lombardi). Plaintiff additionally sues Lombardi, and the public‐school district of which it is a part, Burton Elementary School District (Burton). Plaintiff's first amended complaint includes first and second causes of action for assault and battery, as well as a fourth cause of action for intentional infliction of emotional distress, based on her abus...

Excerpt: ...s plus interest and attorneys' fees of $522.50. The complaint was filed November 12, 2021. On March 25, 2022, Plaintiff filed a proof of service indicating substitute service as to David Ortiz, a purported co‐resident occurred on March 23, 2022 at 7:58 pm at 3224 East Cathie Court, Visalia, CA 93292. The proof of service was completed by a registered process server. The proof further indicates three attempts at service at the residence indicate...

Excerpt: ...ed) The Subject Property, however, included 2.48 acres on the eastern and northern portion containing equestrian facilities operated by Defendants Marily Reese and Sequoia Hills Stables, LLC pursuant to a life estate (“Life Estate.”) The scope of that Life Estate as to the exclusive use of a northern driveway is at issue here. Defendants contend that exclusive use of the northern driveway is reflected in the agreements and recording with Plai...

Excerpt: ...w by and through the High‐Speed Rail Authority (Authority)), commenced this proceeding in November 2017 “for the purpose of acquiring property necessary for high‐speed train system purposes …” pursuant to authorization under a 2017 Resolution of Necessity with respect to certain real property and interests described in the initial complaint. That original complaint provided (for the convenience of the court and parties, not as allegatio...

Excerpt: ...ous name. Facts On September 14, 2022, Plaintiff S.C. sued Defendant Doe 1 for negligence based on incidents alleged to have occurred in foster care when Plaintiff was a minor. Plaintiff is over 40 years old at this time. On November 9, 2022, Plaintiff filed, and the Court granted, an ex parte motion to file the documents in support of this motion under seal. Thereafter, Plaintiff filed various documents in support of this motion to seal certific...

Excerpt: ...lement agreement contains a provision that the Court will retain jurisdiction over the matter pursuant to Code of Civil Procedure 664.6. However, the Court notes this provision, contained in the settlement agreement, was not placed before the Court in any manner through any filing. However, the Court also notes this matter has not been dismissed as of the date of this hearing. Plaintiff seeks entry of judgment in the amount of $3,560.23 inclusive...

Excerpt: ...r about September 8, 2009 for the sum of $15,960.98. (Declaration of Mahfouz II ¶3.) On or about December 10, 2013, the parties resolved this matter via a settlement agreement and for payment of the sum of $8,823 by a $50 down payment and installments of $50 per month. (Declaration of Mahfouz II ¶¶ 5, 6 – Ex. A.) The agreement states that should Defendant fail to make a payment on the fifteenth of each month, she will be deemed to be in defa...

Excerpt: ...tention or training and (3) negligent entrustment of a motor vehicle. Although Plaintiff's prayer seeks punitive damages for the complaint as a whole, Plaintiff sets forth allegations as to punitive damages as to the second and third causes of action. This is a personal injury case wherein Plaintiff alleges the Defendant driver Sergio Villanueva, employed by Defendant Aaron's Inc., was negligent in his operation of Defendant Aaron's vehicle when ...

Excerpt: ...ld as well as corresponding damages suffered by her child as a result of conduct that took place at Defendant Victoria Ramirez Family Childcare, presumably owned by Defendant Victoria Ramirez. (Complaint ¶¶ 1, 10, 11, 14, Attachment – General Negligence.) Defendants Victoria Ramirez and Victoria Ramirez Family Daycare demurrer for failure to state a cause of action against defendants under Code of Civil Procedure section 430.10(e), as Plainti...

Excerpt: ...he ability to bring the City back into the case 120 days before trial), but that this agreement has not been executed by the parties. Facts This premises liability action alleges Plaintiff was injured at “the premises at or near CA‐43 & Ave 120, Corcoran, CA 93212, such that an uneven and/or broken and/or deteriorating roadway was allowed to exist and be left in disrepair” and “Defendants failed to barricade the area and/or to warn of the...

Excerpt: ...a was cited for violation of an applicable safety regulation following the injury of a Sierra employee during the operation of a machine at Sierra's lumber mill in Terra Bella. Sierra fails to present a valid basis for issuance of the requested writ and the petition is, therefore, denied. Background A Sierra employee suffered partial finger amputations while trying to clear a jam, by hand, in a “coastal planer” machine designed to cut and sha...

Excerpt: ...ben Barrientos, Jr. alleges that, on or about September 2, 2020, while he was traveling on Avenue 96 in the city of Terra Bella, a vehicle owned by TRTC and driven by Walker along Road 264 collided with his vehicle after failing to stop at a stop sign at the intersection of Avenue 96 and Road 264. TRTC and Walker have moved to quash service of summons, contending this court lacks jurisdiction based on tribal sovereign immunity. Analysis Indian tr...

Excerpt: ...s an automobile accident where liability was not contested. The matter proceeded to jury trial and Plaintiff was awarded $6,292.12 for pain and suffering and the initial medical expenses for treatment through February 8, 2019. Defendants indicates “The notice of entry of judgment was sent to Defendants electronically on August 9, 2022.” The proof of service appears to indicate that a proposed judgment was sent by electronic mail on August 9, ...

Excerpt: ...l of class action and PAGA settlement, attorneys' fees, costs, enhancement award, LWDA payment and class certification for settlement purposes came on for hearing on November 22, 2022. The Court finds and rules as follows: On October 26, 2022, the settlement administrator Simpluris, through its Case Manager, filed a declaration detailing the following events. On June 21, 2022 the administrator received a mailing list of 1,246 potential class memb...

Excerpt: ...rer to the fifth and sixth causes of action with leave to amend; Plaintiff shall have ten (10) days to file an amended complaint as to the fifth and sixth causes of action; (2) To sustain the demurrer to the fifth cause of action with leave to amend; Plaintiff shall have ten (10) days to file an amended complaint as to the fifth cause of action. Facts This case arises out of Plaintiff's former employment at International Paper Company (“Interna...

Excerpt: ... for (1) breach of the implied covenant of good faith and fair dealing; (2) an accounting; (3) intentional and (4) negligent interference with prospective economic advantage; (5) unfair business practices; violation of (6) state and (7) federal unfair debt collection laws; (8) trade libel; and (9) recession based upon news stories ran by Sinclair and its former reporter, Cross‐Defendant Jeffrey Platt. The Court notes that Milan, in response to ...

Excerpt: ...ant Brenda L. Davidson (“Defendant Davidson”) obtained a loan from Zone Funding in the principal amount of $304,500.00 (“Loan”) and evidenced by a Note (“Note”) Defendant Davidson executed on June 7, 2006 in favor of Zone Funding. (UMF Nos. 1 and2.) The Loan was a refinance which paid off a prior loan Defendant Davidson had with EMC Mortgage Corp in the approximate amount of $269,189.12. (UMF No. 3.) The Note was subsequently lost or ...

Excerpt: ...sed, in part, on the alleged actions of Defendant Mario Plasencia. Plaintiff served the complaint on May 2, 2022 and May 5, 2022 as to the Defendants. Defendants answered the complaint on June 1, 2022 and June 6, 2022. In opposition, Plaintiff notes Defendants did not plead an affirmative defense as to arbitration. Additionally, Plaintiff notes it propounded discovery to Defendant on May 31, 2022 and that Defendants' discovery responses on July 1...

Excerpt: ...n support, Defendant attaches a request for judicial notice as to Plaintiff's complaint and excerpts from Plaintiff's deposition. Authority and Analysis “Motions to strike can be used to reach defects in or objections to pleadings that are not challengeable by demurrer. Complaints, cross‐complaints, answers and demurrers are all subject to a motion to strike [citation].” (Weil & Brown, Cal. Prac. Guide: Civ. Proc. Before Trial (The Rutter G...

Excerpt: ... at 28436 Satellite Street as its agent of service (2420574) as its Agent for Service of Process in California. (Declaration of Robert D. Bassett (“Bassett Decl.”) ¶4.) On July 20, 2022, an incomplete copy of the Summons and Complaint was received via U.S. Mail at the Defendant's location in Stockton, California from an unidentified sender. (Bassett Decl., ¶5. ) The Summons mailed to the Stockton office is incomplete as it does not identify...

Excerpt: ...leges a single cause of action for penalties pursuant to Labor Code section 2699 (PAGA) for various violations of California's Labor Code including sections 203, 226.7, and 512 by Defendant Replanet Packaging LLC (“Defendant.”) Defendant, based on the United State Supreme Court's decision in Viking River Cruises, Inc. v. Moriana (2022) 142 S. Ct. 1906, now moves to compel Planitiff's PAGA claim to arbitration and stay this action. Defendant b...

Excerpt: ... is set for April 27, 2023; 8:30 am; D1. Plaintiff's motion for final approval of class action and PAGA settlement, attorneys' fees, costs, enhancement award, LWDA payment and class certification for settlement purposes came on for hearing on October 20, 2022. The court finds and rules as follows: On March 24, 2021, the settlement administrator, Simpluris, received a data file from Defendant's counsel of 651 potential class members from Defendant...

Excerpt: ...Facts On or about September 09, 2021, HALL agreed to purchase a 2019 Nissan Murano with vehicle identification number 5N1AZ2MJXKN138431 (hereinafter referred to as the “2019 Nissan”) (Decl. of Donald Groppetti ‐ Exhibit A – Retail Installment Sales Contract (“RISC”) as to the 2019 Nissan.) The RISC provides for arbitration as to claims arising from the sale of the vehicle. The RISC also contains the “Seller's Right to Cancel” when...

Excerpt: ...ring. 1. Facts In a first amended complaint, Plaintiff, on behalf of himself and all others similarly situated, sued Defendants Kuubix Electric, Inc., Kuubix Energy, Inc., Kuubix Global, LLC and Kuubix Energy, LLC. for 1. Violation of B&PC §17200, et seq. 2. Failure to Pay All Wages 3. Meal Period Violations 4. Rest Period Violations 5. Work Expense Reimbursement Violations 6. Waiting Time Penalty 7. Wage Statement Penalty 8. Penalties Under PAG...

Excerpt: ...osed first amended complaint and Defendant shall have ten (10) days from the service of the first amended complaint to file a responsive pleading. (2) The Court's minute order of September 22, 2022 indicates that the parties reached an agreement as to the discovery issues and may appear remotely as to any remaining issues. Case management conference is continued to December 15, 2022; 8:30 am; D1. (1) Facts This is a personal injury case wherein P...

Excerpt: ...pproval for April 21, 2022. After preliminary approval, the settlement administrator determined worked additional workweeks not accounted for in the previously determined maximum settlement amount. The parties subsequently agreed to increase the maximum settlement amount from $980,000 to $1,278,998, and to continue hearing on final approval of the settlement to finalize and present a stipulation for the court's review and approval regarding the r...

Excerpt: ... motion for final approval of class action and PAGA settlement, attorneys' fees, costs, enhancement award, LWDA payment and class certification for settlement purposes came on for hearing on October 6, 2022. The Court finds and rules as follows: On June 16, 2022, the settlement administrator, ILYM Group, received a mailing list of 1,423 potential class members from Defendant's counsel with names, contact information, social security numbers and r...

Excerpt: ...rty (30) days from notice of this ruling; Defendant and moving party Abeer A Hafez DDS, Inc shall give notice; to impose sanctions of $265 on Plaintiffs jointly and severally. This is a dental malpractice action brought by Plaintiffs against, amongst others, Defendant Abeer A Hafez DDS, Inc. On or about February 7, 2022, Abeer A Hafez DDS, Inc. propounded form interrogatories, special interrogatories and requests for production of documents on Pl...

Excerpt: ... of express warranty and violations of building standards against builders Woodside 06N, LP, Woodside Sousa, Inc., Woodside Visalia Il, Inc., WDS GP, Inc. and Woodside 07N (collectively “Woodside”) and seek damages in excess of $75,000 per home. Woodside cross‐complained against a number of cross‐defendants, including moving party Anlin Industries (Doe 202) for comparative negligence, express indemnity, equitable indemnity, contribution, ...

Excerpt: ...al.App. 448, 449, as detailed below. (1) Motion to Change Venue Facts Plaintiff's complaint alleges negligence and medical malpractice against Defendant “Adventist Health Hospital – Hanford, CA.” Defendant Adventist Health Hospital brings this motion to transfer venue to Kings County. In support, Defendant notes its principal place of business is Kings County, the subject incident is not believed to have occurred in Tulare County, Defendant...

Excerpt: ...pointed the Receiver to “take full and complete possession and control of the Nuisance Property [740 East Harvard Avenue, Dinuba, California 93618, Assessor's Parcel Number 017‐243‐008‐000],” and “rehabilitate the Nuisance Property in accordance with the rehabilitation plan approved by this Court and shall bring the Nuisance Property into compliance with all applicable State and local laws,” among other powers (Receivership Order 3:...

Excerpt: ...rn Surety Company, based on allegations that Defendants created a PACE energy application and 30‐year tax assessment on Plaintiff's property, secured by a super priority tax lien, as to installation of solar energy panels. Western was the bond agency holding the bond for Defendant Flux Electric, LLC, alleged to be the solar installation company, bond number 71921742, from 9/7/2017 to 11/15/2019. The Contractor's License Bond amount is $15,000. ...

Excerpt: ...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 ‐ Order Granting Attorney's Motion to Be Relieved as Counsel Additionally, Plaintiff's Counsel has filed proofs of service of these documents by mail. Authority and Analysis CCP §284 provides that “[t]he attorney in an actio...

Excerpt: ... of Defendant. On July 12, 2021, a settlement agreement was fully executed wherein the parties agreed to resolve this matter for $13,500.00, pursuant to a Stipulation for Settlement and Order (hereinafter referred to as “Settlement Agreement”). The parties agreed that Defendant's insurance carrier was to pay Plaintiff $10,000.00 and Defendant was to pay Plaintiff a total of $3,500.00 by a $50.00 down payment upon the signing of the Settlement...

Excerpt: ...of the request. GM confirmed receipt of the repurchase offer letter. However, Plaintiffs hired counsel and filed a complaint on June 11, 2022 for Song‐Beverly claims – for breach of express warranty and breach of implied warranty – and a fraudulent inducement concealment claim for which they sought punitive damages. In August 2020, Plaintiffs propounded its “Set One” discovery requests. GM alleges these are the same discovery requests s...

Excerpt: ... of Amount of Settlement (Net Estimated: $21,844.15) The gross settlement amount is $165,000. As an initial matter, the Court has taken the actual attorneys' cost incurred figure of $13,373.41 from Counsel Cohen's declaration instead of the $15,000 cost noted in the motion and utilized the actual cost figure in the follow calculations. Plaintiff estimates approximately 156 covered employees with an average payment of approximately $140.02. The co...

Excerpt: ...ike as to categories (3) and (4); to grant the motion to strike as to category (5) – paragraph 104 without leave to amend; to grant the motion to strike as requested to renumbered category (5A) and (6) – damages sought in the fourth cause of action without leave to amend; to grant the motion as to the prayer as requested as to renumbered category (6A) and (7) without leave to amend. Facts Common to (1) Demurrer and (2) Motion to Strike Plaint...

Excerpt: ...t Conference is continued to October 13, 2022; 8:30 am; D1. Facts Approximately thirteen years prior to the filing of the Complaint, Plaintiff alleges Defendants Daniel C. Joaquin and Rachel J. Joaquin purchased real property located at 104 W. Sandra Venue, Tulare, CA 93274 (the “Subject Property.”) and held legal title to the Subject Property in their names. (Complaint ¶7.) Plaintiff alleges that he transferred $60,000 of his funds which we...

Excerpt: .... Plaintiff Bob Samson, through his guardian ad litem Loren Samson, have sued Defendant Nicole Atherton, M.D., (“Defendant” or “Dr. Atherton”) amongst others, for failing to diagnose a right foot fracture in May 2018. Plaintiff alleges this failure to diagnose resulted in him having a right mid foot amputation in October 2018. Plaintiff died on December 26, 2020. Guardian Loren Samson currently resides in Idaho. Defendant Dr. Atherton fil...

Excerpt: ... for fraud, concealment, fraud in the inducement, violation of the Unlawful Business Practices Act, and rescission (a remedy, rather than a cause of action). The SACC additionally includes, for the first time, causes of action for breach of contract and breach of the covenant of good faith and fair dealing. Cross defendants generally demurrer to the entire SACC. Fraud The City alleges it approved a contract with CVRR in March of 2015 involving th...

Excerpt: ...ion. Deny the motion to strike. Facts Common to Both Motions The parties in this matter are certified public accountants who practiced as general partners in Bastire Edwards (the “Partnership”). Plaintiffs are Bret Bastrire and Anthony Montgomery. 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 ...

Excerpt: ...1) 14‐year‐old Aubrie and (2) 10‐year‐old Bella is Kristina Hernandez, parent and guardian ad litem. The Petitioner as to (3) 16‐year‐old Maya is Ramiro Hernandez, guardian ad litem and parent. Petitioners bring these petitions to approve the compromises of settlement offers to the minor children. This matter involves an automobile accident. On or about November 27, 2019, Petitioner Kristina Hernandez was driving a vehicle containing ...

Excerpt: ...ed. Sinclair is in the television broadcast business, and, as relevant to Milan's cross complaint at issue here, is the owner and operator of KBAK‐TV, a CBS Television affiliate and television news station in Bakersfield. Milan is a college that contracted with Sinclair for broadcast advertising in locations where Milan sought to acquire students, including Tulare County. Milan fell behind on its payment obligations and subsequently executed a ...

Excerpt: ...s of commencement. Facts This matter was filed originally by Chicago Title Insurance Company (“Plaintiff”) on April 12, 2016 against a number of defendants, including against named Defendant and moving party sued as Pauline Nguyen, also known as Paul Nguyen who has also used the name Brian Williams (“Nguyen.”) A proof of service was filed April 28, 2016 indicting service on Nguyen purportedly occurred on April 23, 2016 by substitute servi...

Excerpt: ...dividual later identified as Gustavo Garcia stole three boxes of 9mm ammunition from a Walmart store in Tulare, CA. The ammunition was stolen from a display case which the parties dispute was locked or otherwise required assistance to access. Plaintiffs allege that, on the following day of December 17, 2018, Gustavo Garcia murdered Rocky Paul Jones. The parties do not dispute Jones died as a result of a gunshot wound to the back, at the hands of ...

Excerpt: ...ount of $6,200 set to be paid with an initial payment of $1,700 and $300 monthly payments. This settlement occurred at the mandatory settlement conference on January 3, 2020. The Court kept the trial date of February 7, 2020 on calendar pending execution of the settlement agreement. The settlement agreement was not executed timely, the initial payment date was missed and the parties agreed to move the initial payment date to February 28, 2020. Ho...

Excerpt: ...ecause the demurrer is sustained, the court need not consider cross‐defendant's motion to strike. (1) Facts By this motion, Plaintiff SPAS seeks to substitute itself for proposed plaintiff Packwood. Packwood was the landlord for 4236 South Mooney Boulevard, Visalia, CA 93277 (the “Premises”). (Complaint ¶ 1.) Packwood, however, assigned all its rights under the Lease to Plaintiff SPAS. (Id.) Defendant leased the Premises from Packwood to o...

Excerpt: ... action and PAGA settlement, attorneys' fees, costs, enhancement award, LWDA payment and class certification for settlement purposes came on for hearing on July 14, 2022. The court finds and rules as follows: On February 28, 2022, the settlement administrator, Phoenix Settlement Administrators received a mailing list of 367 potential class members from Defendant's counsel with names, contact information, social security numbers and relevant emplo...

Excerpt: ...161a(b)(3). Request for Judicial Notice Evidence Code section 452(c) and (h), respectively, permit a court, in its discretion, to take judicial notice of the existence and recordation of real property records when the authenticity of the documents is not challenged. (See Alfaro v. Community Housing Improvement System & Planning Assn., Inc. (2009) 171 Cal.App.4th 1356, 1367, fn. 8, 1382.) Further, “a court may take judicial notice of the fact of...

Excerpt: ...expense reimbursement, accurate wage statement, waiting time and unfair competition claims against Defendants TD Contracting, Inc, Wawona Farm Co. LLC, Gerawan Farming and Kenneth Duerksen dba TD Contracting. Counsel for Plaintiff states that Arroyo is suffering from poor and deteriorating health to the point that he is no longer in communication with class counsel, Stansbury Brown Law, PC, cannot sit for his deposition and cannot fulfill his dut...

Excerpt: ... 6317.) Here, on or about June 26, 2018, the Divisoin issued Citation 1 to Petitioner alleging a violation of Title 8, California Code of Regulations (“CCR”) § 3314(c). (Petition ¶5.) The citation is classified as “Serious Accident‐Related”, and the Division proposed penalties of $18,000. (Petition ¶5.) The employer then has 15 working days from receipt of the citation to notify the Board that it wishes to contest the citation. (Labo...

Excerpt: ...ion filed May 4, 2022 by Avrek Law Firm entitled In the Matter of Castillo, Roberto, Case No. VCU291576. The documents filed with each case appear identical. Counsel is invited to clear up this issue at the hearing. Facts Petitioner is Robert Castillo, the father of the 12‐year‐old minor Carlos Castillo. Petitioner now brings a petition to approve the compromise of a settlement offer to the minor child. According to the Petition, on April 20,...

Excerpt: ..., attached to the complaint is signed by Craig Branco, as “Landlord or Landlord's Agent.' Defendant demurrers to this complaint on the basis that documents recorded regarding the Subject Property list stated that the Subject Property was as of 2016, transferred to “3‐B Ranch, a California general partnership.” Judicial Notice Defendant requests judicial notice of the following: 1. “The last recorded deed at the Tulare County Recorder's ...

Excerpt: ...y and tenth cause of action for breach of duty of loyalty; to overrule the demurrer as to the twenty‐first cause of action for unfair competition against Love Plants; to overrule the demurrer as to the fourteenth through twenty fifth‐ causes of action based on inconsistent fact pleading. Case Management Conference is continued to July 11, 2022; 8:30 am; D1. To sustain the demurrer with leave to amend as to the third cause of action for violat...

Excerpt: ....33) The Court previously approved the gross settlement amount of $1,850,000. The gross settlement fund has been reduced to $1,840,000 to account for the individual settlement of Plaintiff John Cook's individual claims set forth in Cook v. Land O'Lakes, Inc., Case No. 1:20‐ CV‐00553‐NONE‐SAB. The settlement between all parties sought to globally resolve both the individual Cook action and the representative action. However, Cook's individ...

Excerpt: ...December 22, 2022; 8:30 am; D1. CMC is taken off calendar. (1) and (2) Plaintiff's motions for final approval of class action and PAGA settlement, attorneys' fees, costs, enhancement award, LWDA payment and class certification for settlement purposes came on for hearing on June 23, 2022. The court finds and rules as follows: On January 13, 2022, the settlement administrator, Phoenix Settlement Administrators, received a mailing list of 73 potenti...

Excerpt: ... The Court previous approved the sufficiency of the amount of the settlement, including the assessment of the value of the various claims and penalties, including evaluation of the various strengths and weaknesses of Plaintiffs' case and Defendant's defenses to Plaintiffs' claims. The Court further previously approved the class notice period, the content of the class notice, the claims administrator, the recipient of unclaimed settlement proceeds...

Excerpt: ...fendants now demurrer to the First Amended Complaint for failure to file a timely government tort claim and for failure to state a cause of action. Authority and Analysis Before filing a demurrer, the demurring party is required to meet and confer with the party who filed the pleading demurred to for the purpose of determining whether an agreement can be reached that would resolve the objections to be raised in the demurrer. (Code Civ. Proc. § 4...

Excerpt: ...ior Court Case No. VCU289281 (the “Class Action”). On January 31, 2022, Plaintiff filed this Complaint against the same parties, and based upon the same factual allegations (the “PAGA Action.”) Defendant points out that there are substantial similarities between the actions, though the PAGA Action advances two additional theories of liability. Defendant categorizes this as an improper attempt to “split claims” and “game the legal sy...

Excerpt: ... the TPA including the following: “Under the TPA, the most common exemptions from just cause eviction laws are: (1) separately alienable single‐family dwellings, including a condominium, as long as the property is not owned by a corporation; a limited liability company with a corporate member; or a real estate investment trust. For this exemption to apply, the landlord must first give the tenant applicable notice of the exemption…” The si...

Excerpt: ...ant demurrers to the complaint, contending plaintiff failed to file a timely government tort claim and that the complaint fails to state a cause of action. Authority and Analysis Before filing a demurrer, the demurring party is required to meet and confer with the party who filed the pleading demurred to for the purpose of determining whether an agreement can be reached that would resolve the objections to be raised in the demurrer. (Code Civ. Pr...

Excerpt: ...dant Visalia Tile Inc. Tentative Rulings: (1‐5) To deny plaintiffs' motions for summary adjudication. (6) and (7) There are no tentative rulings on the merits for these motions. Per the request of the parties, this is a continued hearing date for these motions. In the event the motions are fully resolved, please advise the D1 clerk and the motions will be taken off calendar. Class representative plaintiffs James Alvarez, Juan Barrera, Raul Chav...

Excerpt: ...easement and from destructing or removing the easement. Plaintiff's motion states that in 2016, Defendant Sanchez sought a lot line adjustment to combine Tulare County Assessor Parcel Numbers 316‐050‐042 and 316‐050‐041 into one (1) undivided parcel subsequent renumbered as Tulare County Assessor Parcel Number 316‐050‐050 and to divide Tulare County Assessor Parcel Number 316‐050‐028 into two (2) separate parcels subsequently renu...

Excerpt: ...qudah), was previously resolved by stipulated judgment. SPAS then sued Alqudah for breach of contract, seeking, inter alia, recovery of unpaid rent. Alqudah cross‐complained against SPAS, initially alleging causes of action for breach of contract and “fraud and misrepresentation.” This court granted an anti‐SLAAP motion to strike, as to Alqudah's breach claim, and sustained a subsequent demurrer to Alqudah's fraud claim. Alqudah filed a f...

Excerpt: ...argument is requested, the hearing for argument will be continued to May 26, 2022; 8:30 am; D1. A. Facts On January 4, 2022, Plaintiff filed a lawsuit against Defendants alleging: (1) Wrongful Termination in Violation of Public Policy, (2) Sexual Orientation Discrimination under the Fair Employment and Housing Act, (3) Sex Discrimination under the Fair Employment and Housing Act, (4) Age Discrimination under the Fair Employment and Housing Act, (...

Excerpt: ...d at 10246 Avenue 388, Dinuba, California 93618. Plaintiff caused a sixty‐day notice to be served on October 25, 2021. The notice is directed at “Antonio Hauracha & to all other residents or occupants.” Plaintiff filed this action on February 2, 2022, naming Defendant Hauracha. Plaintiff served the summons, complaint, cover sheet, and prejudgment claim of right of possession on Defendant Huaracha and on “All Unknown Occupants in Possessio...