Excerpt: ...is requested, the Court will adopt the tentative ruling. In the event oral argument is requested, the hearing for argument will be continued to May 26, 2022; 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 May 19, 2022. The court finds and rules as follows: On February 23, 2022 the ...

Excerpt: ...10 days to amend; To overrule the demurrer as to the fourth cause of action. (2) As to punitive damages and attorneys' fees, the motion to strike is moot based on the ruling on demurrer; The Court denies the motion as to other allegations made by Plaintiff sought to be struck on the basis of the PREP Act. If no oral argument is requested, the Court will adopt the tentative ruling. In the event oral argument is requested, the hearing for argument ...

Excerpt: ...inor child. According to the Petition, on September 16, 2020, the minor was a passenger in a vehicle which was struck by another vehicle. (Petition at 5, 6.) The minor sustained injuries to her head, back, neck, left knee and right knee. (Petition at 7.) The Petition states the minor has recovered completely from the effects of the injuries. (Petition at 9a.) The minor received treatment from Dr. Lester and ML Healthcare Services. The Court notes...

Excerpt: ...ebruary 20, 2020. Here, Plaintiff objects on grounds that Defendant has filed a second summary judgment motion without providing new facts or new law as required under California Code of Civil Procedure section 437c(f)(2), Le Francois v. Goel (2005) 35 Cal. 4th 1094, 1098, Bagley v. TRW, Inc. (1999) 73 Cal.App.4th 1092, 1097; and Schacter v. Citigroup (2005) 126 Cal. App. 4th 726. The Court notes initially that the defense under the Privette v. S...

Excerpt: ...ot file for a second time the moving papers and declarations that are already on file with the Court. The hearing on this matter is continued to June 16, 2022 at 8:30 a.m.in Department 1 of this court. Case management conference is likewise continued to June 16, 2022 at 8:30 a.m. in Department 1. 1. Sufficiency of Amount of Settlement (Net Estimated: $2,180,000.00) The gross settlement amount is $3,925,000.00. Plaintiffs estimate approximately 1,...

Excerpt: ...o quit for breach of covenants for material breach of the rental agreement based on violations of an occupation limit and no pets term. On March 8, 2022, Plaintiff filed this complaint. On March 22, 2022, the Court ordered Plaintiff to be permitted to serve Defendant Julie Musgrave by posting and mailing. However, on March 23, 2022, a proof of service filed indicates Defendant was served personally with the summons and complaint. On April 1, 2022...

Excerpt: ... subcontractors to develop and/or construct the homes. Per their subcontracts, the subcontractors were required to name Centex as an additional insured on their general liability policies of insurance. Centex brings this motion for leave to file an amended cross‐complaint to name an additional four subcontractor insurance carriers, add subcontractor insurance policies issued by existing parties, and the correction of minor errors such as incorr...

Excerpt: ...ies 1, 2, 3, 4 and 14 only of the enumerated list on page 14 of the motion. The Court will further permit document production prior to the depositions. Sinclair shall produce documents responsive to Nos. 53, 58, 59, 60 and 61. Platt shall produce documents responsive to Nos. 53, 56, 58, 59. However, all production shall be limited to the period of time from January 1, 2019 through July 31, 2020. Facts On May 23, 2021, Plaintiff/Cross ‐Defendant...

Excerpt: ...sult, moot. This case arises from plaintiff/cross‐defendant Central Valley Resource Recovery, LLC's (CVRR) breach of contract action against the City of Tulare (City) concerning CVRR's March 2015 contract with the City for removal of biosolids from the City's wastewater treatment plant. The City has cross‐complained against CVRR and third‐parties Patrick McLafferty and Hydros Agritech Inc. (Hydros) alleging various claims sounding in fraud ...

Excerpt: ...duty 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 Plaints; 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 June 23, 2022; 8:30 am; D1. To sustain the demurrer with leave to amend as to the third cause of action for vi...

Excerpt: ...ff calendar. 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 April 14, 2022. On September 17, 2022, the settlement administrator, Simpluris, Inc., received a mailing list of 1,758 potential class members from Defendant's counsel with names, contact information, social security numbers and releva...

Excerpt: ...n file with the Court. The hearing on this matter is continued to June 23, 2022; 8:30 am; D1. Case management conference is likewise continued to June 23, 2022; 8:30 am; D1. 1. Sufficiency of Amount of Settlement (Net Estimated: $1,170,833.33) The gross settlement amount is $1,850,000.00 Plaintiffs estimate approximately 612 proposed Class Members with an average payment of approximately $1,800.00. The Class Members consist of: “current and for...

Excerpt: ...ipulation, Defendant hereby waives any and all requirements for a Motion for Entry of Judgment on this Stipulation;” and “11. The parties agree that upon execution and return of the Stipulation along with the first payment due under the monthly payment plan, Plaintiff shall file a conditional notice of settlement or dismissal of the action. If a dismissal of the action is to be filed, the parties agree that the Court shall retain jurisdiction...

Excerpt: ... or Quit with Blank Declaration of Covid‐19 Related Financial Distress (Rent Due September 1,2020 ‐ September 30, 2021.) This first notice was served January 28, 2022. The second notice is a “Notice to Pay Rent in 3‐Days or to Quit (Vacate) and Surrender Possession of the Premises in 30 Days (Covid‐19 Recovery Period for Rents due from October 1,2021 to March 31,2022; CARES ACT Premises.) This second notice was served January 28, 2022. ...

Excerpt: ...mon to All Motions This matter was originally two cases which have since been consolidated. The Plaintiff is the same in both cases and the cases share Defendant Theodore Jeske. On the first case, Case No. VCU284337, Plaintiff, on February 26, 2021, served Form Interrogatories, Set One, Special Interrogatories, Set One, and Requests for Production of Documents, Set One on Defendant Theodore Jeske through his counsel at that time Joseph M. Simoes....

Excerpt: ...x‐parte motion filed in VCL 196905 will be heard in D1. Facts Plaintiffs Marie Soto and David Weinberger filed this action for battery, assault, negligent, and IIED on June 25, 2021 against Defendants Aurelia Rocha, Ernest Rocha, Melissa Castro and Christopher Castro. A notice of related case was filed June 25, 2021 and again on January 27, 2022 indicating Case No. VCL 196905 involve the same parties and is based on the same of similar claims a...

Excerpt: ...lass action and PAGA settlement, attorneys' fees, costs, enhancement award, LWDA payment and class certification for settlement purposes came on for hearing on March 24, 2022. Between November 8, 2021 and November 16, 2021, the settlement administrator, Phoenix Settlement Administrators, received three data files containing 2,998 names, contact information, social security numbers and relevant employment information of class members. On November ...

Excerpt: ...utions and Dynamic Integrated Systems Solutions Corp. filed and served, as to each Defendant, the following, in support of his request to withdraw as counsel: (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, Counsel Kadin has filed proofs of ser...

Excerpt: ...GA settlement, attorneys' fees, costs, enhancement award, LWDA payment and class certification for settlement purposes came on for hearing on March 17, 2022. On October 22, 2021, the settlement administrator, Phoenix Settlement Administrators, received a data file containing 117 potential class members from Defendant's counsel with names, contact information, social security numbers and relevant employment information. On December 15, 2021, the a...

Excerpt: .... Plaintiff was referred to Needham by her psychiatrist. Plaintiff has sued Needham and a number of entities related to Kaweah Delta (“Kaweah Defendants.”) for professional negligence (first cause of action), intentional infliction of emotional distress (second cause of action), battery (third cause of action), sexual battery (fourth cause of action), sexual conduct by a therapist (fifth cause of action), breach of fiduciary duty (sixth cause...

Excerpt: ...s Motion is Defendants' request to conduct a second medical examination after Plaintiff underwent “spinal cord simulator trial” surgery after the initial medical examination. Plaintiff alleges the injury occurred June 15, 2019. Plaintiff filed this matter April 24, 2020. Plaintiff has been diagnosed with Complex Regional Pain Syndrome (CRPS), and as a result allegedly suffers from daily and constant pain throughout her body, specifically on h...

Excerpt: ...section of Inyo and South “E” Street in Tulare County involving disputed liability over which driver ran the red light. At issue presently is the inadvertent failure of Defendant's counsel to file Defendant's cross‐complaint with Defendant's answer. Defendant is represented through her insurance carrier in defense of this lawsuit and separate counsel on her proposed cross‐complaint. Plaintiff filed this lawsuit on August 18, 2021. Defenda...

Excerpt: ...ass action and PAGA settlement, attorneys' fees, costs, enhancement award, LWDA payment and class certification for settlement purposes came on for hearing on March 10, 2022. Between July 26, 2021 and August 17, 2021, the settlement administrator, Phoenix Settlement Administrators received a mailing list of 417 potential class members from Defendant's counsel with names, contact information, social security numbers and relevant employment informa...

Excerpt: ...ecember 30, 2021, defendant/cross‐complainant Ihssan Alqudah (Alqudah) filed a first amended cross‐complaint in this action alleging fraud and misrepresentation against plaintiff/cross‐defendant SPAS Center Outparcel, LLC (SPAS) after this court sustained a demurrer to that cause of action by SPAS. The sole other cause of action from the initial complaint, a breach of contract claim, was previously stricken by this court on motion by SPAS. ...

Excerpt: ... C. Johnson at Defendant's request. Plaintiff alleged damages in the amount of $7,250.38. Defendant answered the complaint on November 4, 2020. On March 11, 2021, Plaintiff moved this Court to deem admitted requests for admissions, set one, numbers 1 through 5. On May 13, 2021, the Court adopted its tentative ruling, deeming admitted the truth of each matter specified in requests for admissions numbers 1 through 5. These requests, now admitted, a...

Excerpt: ...ement, the parties had some issue regarding the transfer that resulted in Plaintiff suing Defendant for quiet title, financial elder abuse, breach of contract, declaratory relief, fraud and unjust enrichment. The parties attended mediation and settled their dispute the first time in or around March 2020. The basic terms of this settlement at mediation required Defendant to pay Plaintiff $16,000 within 120 days. After receipt of payment, Plaintiff...

Excerpt: ...ar days before the conference. Defendant filed a notice of settlement of entire case on October 1, 2021. On December 7, 2021, plaintiff moved to “vacate” the notice of settlement, maintaining plaintiff had not accepted defendant's settlement proposal, which apparently precipitated filing of the settlement notice. On January 18, 2022, defendant submitted a declaration by a paralegal employed by its counsel averring the settlement notice was fi...

Excerpt: ...ndar. Hearing on Final approval is set for July 14, 2022; 8:30 am; D1. This motion for preliminary approval of class action settlement returns for hearing following a prior continuance to allow filing of supplemental declarations as to the proposed class‐enhancement payment to plaintiff, plaintiff's cost reimbursement request, and the proposed cy pres recipient. Plaintiff submits a supplemental declaration, including an estimate of the amount o...

Excerpt: ...at email correspondence between Plaintiff's counsel and Defendant's counsel appears to indicate Defendant's counsel no longer represents Defendant. However, the Court has not received a substitution of attorney or motion to withdraw from Defendant's counsel. Plaintiff Francisca Cuevas (“Francisca”), based on the Settlement Agreement attached as Exhibit A and filed with the Court August 19, 2020, alleges that Defendant Mary Correa (“Mary”)...

Excerpt: ... 2021. Here, SPAS seeks $7,620.00 in attorneys' fees representing chiefly 38 hours at $195 per hour spent “researching case law, reviewing case files, drafting moving papers, preparing exhibits, reviewing the tentative ruling, preparing for the hearing, attending the hearing, reviewing time diaries, reviewing cost diaries, drafting a demand letter, and drafting this motion and accompanying papers.” SPAS has not submitted an itemized or detail...

Excerpt: ...7 bankruptcy protection in 2018. In 2019, Defendant filed for personal bankruptcy protection under Chapter 13, but did not list Plaintiff as a creditor. On January 8, 2021, Plaintiff successfully obtained relief from the automatic stay to enforce the personal guarantee against Defendant. On May 26, 2021, Plaintiff filed this action for breach of the guaranty. Defendant was served on June 15, 2021. Defendant failed to file a responsive pleading. T...

Excerpt: ...notice. To impose sanctions totaling $2,450 for all three motions against Defendant. Facts Common to All Discovery Motions This matter involves a subdivision agreement between the Plaintiff City of Tulare and Defendants Del Lago Place. Plaintiff filed its complaint for breach of contract, promissory fraud, breach of implied covenant of good faith and fair dealing, enforcement of its performance bond and breach of utility contract. Plaintiff alleg...

Excerpt: ...rn and northern portion of the Subject Property containing equestrian facilities. (“Life Estate Property.”) Since 2012, Defendant has operated Sequoia Hills Stables on the Life Estate Property. The life estate notes Defendant “shall have the exclusive use and enjoyment” of the Life Estate Property. At issue here is access via a driveway (“Subject Driveway”) on the northern edge of the Subject Property and located within what appears t...

Excerpt: ...00.00. Plaintiffs estimate approximately 105 members of the “Independent Contractor Class” with an average payment of approximately $5,244.76 and 139 members of the “Company Driver Class” with an average payment of approximately $990.47. The Independent Contractor Class in this action consists of persons who directly signed a contract with Defendant and performed services for Defendant within the State of California, but were classified a...

Excerpt: ...viously been continued to January 13, 2022 from the initial hearing date of December 23, 2021 for the parties to meet and confer to address disputes concerning the content of the class notice. At the December 23, 2021 hearing, the court adopted its tentative ruling in which this court: (a) held that class notice is appropriate (Cal. Rules of Court, rule 3.766); (b) directed the parties to meet and confer regarding disputes over the content of the...

Excerpt: ...ent for the purchase and sale of commercial real property in the city of Visalia. Disputes arose when buyers decided they no longer wish to move forward with purchase of the property. Chicago Title has specifically interpleaded as to buyers and sellers competing claims to buyers' initial earnest money deposit. Following Chicago Title's complaint, buyers cross‐complained against sellers and their brokers seeking damages for breach of contract ag...

Excerpt: ...sure sale under section 1161a(b)(3). As an affirmative defense, Defendant alleges that Plaintiff's predecessor in interest had no authority to transfer the Premises to Plaintiff pursuant to the Trustee's Deed After Sale alleged in the Complaint. (Defendant's Answer ¶ 3.v.) 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 ...

Excerpt: ...lissa Castro and Christopher Castro. Defendants Aurelia and Ernest were served but did not file a responsive pleading. Defendants Aurelia and Ernest, however, did personally appear at the case management conference on November 2, 2021 and the Court's minutes reflect Aurelia and Ernest had not filed an answer. Entry of default was entered against them on November 8, 2021. On November 12, 2021, Aurelia and Ernest retained counsel. Plaintiffs now se...

Excerpt: ...ach of contract and conversion of intellectual property. As to conversion, Plaintiff seeks punitive damages on the basis of purposeful and malicious conversion. A comparison of the Complaint and First Amended Complaint reveals the same general set of facts. On January 15, 2021, the parties entered into a written contract whereby Plaintiff would pay Defendant $5,000 per month and Defendant was obligated to live stream 2‐3 times per week for a fe...

Excerpt: ...ment consisting of a right of way over a 20‐ foot‐wide strip of land (the “Easement Area.”) Half of the Easement Area, 10 feet, is located on the southside of the Blankenship Property. The remaining 10 feet of the Easement Area is located on the northside of the property located at 14200 Avenue 328 #A in Visalia owned by Defendants and Cross‐Complainants Richard and Jana Creegan (“Creegans.”) The Blankenships move for a preliminary ...

Excerpt: ...clarations that are already on file with the Court. Accordingly, the motion to approve the settlement pursuant to the Private Attorney General Act of 2004 is preliminarily denied without prejudice. The hearing on this matter is continued to March 3, 2022 at 8:30 a.m.in Department 1 of this court. Case management conference is likewise continued to March 3, 2022 at 8:30 a.m. in Department 1. 1. Sufficiency of Amount of Settlement (Net Estimated: $...

Excerpt: ...ngs: To deny Defendant's Motions (1) Requests for Admissions Set No 2, Nos. 43‐71; (2) Special Interrogatories Set No. 2 Nos 1‐79; (3) Production of Documents. To deny any award of sanctions. The remaining motions are off‐calendar. Facts Pursuant to the Court's Minute Order dated December 20, 2022, discovery motion hearing dates reserved for January 27, 2022 were modified to be reserved January 13, 2022. Defendant Calderon filed “Motion t...

Excerpt: ...y distress and resulting in an early delivery on June 30, 2020. Plaintiff suffered these injuries after her mother's exposure to COVID‐19. Plaintiff alleges that her mother was exposed to and contracted COVID‐19 while in the course and scope of her employment. Plaintiff alleges that Defendants were negligent and engaged in negligent hiring, training and supervision which proximately caused her damages. Plaintiff seeks economic and non‐econo...

Excerpt: ...consisting of Form Interrogatories, Special Interrogatories, Requests for Admissions and Requests for Production of Documents to Plaintiff in June of 2021. Plaintiff provided no responses by the due date. Defendant reached out to counsel for Plaintiff, providing an extension to August 4, 2021. Plaintiff provided no responses by the extended due date. On August 30, 2021, Defendant filed a motion to compel responses to Form Interrogatories, Special...

Excerpt: ...n October 14, 2021 (after adding five days for mailing) with respect to post judgment costs incurred within the last two years in the amount of $922.50. The Memorandum of Costs also indicates that the remaining principle balance due is $5,355.15 and the accrued interest remaining due is $2,681.87. Defendant Leyva filed, on November 5, 2021, a “Strike or to Tax Costs (Objection to Memorandum of Cost and Declaration of Accrued Interest).” Defen...

Excerpt: ...earances will be required and the Court will grant the motion and order the default to be set aside. Facts This is a breach of contract action that arises out of defendant Elias Camacho Lopez's failure to reimburse plaintiff Budget Rent A Car System for damage done to a vehicle that Mr. Lopez rented from Budget. The Court notes that this matter was filed May 26, 2020, request for default was entered September 8, 2020, the Court denied a prior mot...

Excerpt: ...ristopher Stalcup (“Plaintiff”) filed this action for medical malpractice against Kaweah Delta Health Care District (“KDHCD”) and a number of surgeons and treating physicians, including Moving Party Defendant Dr. Abdul Rahman Hamdi (“Dr. Hamdi”). Plaintiff alleges the negligent failure to evaluate, treat, monitor, care for and/or diagnose Plaintiff's injuries resulting from a motorcycle accident, resulting in the development of compar...

Excerpt: ...2, 2021. Prospective Intervenor Loya Casualty Insurance Company (“Loya”) is Defendant's insurance carrier that provided an automobile insurance policy to Defendant in effect on the date of the subject accident. Loya brings this Motion to Intervene after diligent efforts to locate and discuss the case with its insured, Defendant. However, Loya has been unable to make contact with Defendant in order to obtain an authorization to file an answer ...

Excerpt: ...nfer to address the disputed matters concerning class notice. Defendant contends plaintiffs' counsel has refused to meet and confer in the development of a neutral notice, while plaintiff maintains defendants' counsel never attempted to do so. Neither party supplies evidence of any meet and confer efforts. The parties are directed to meaningfully meet and confer in advance of the continued hearing date on this motion. The court disagrees with def...

Excerpt: ...ember 18, 2021, following the filing of SPAS's demurrer, this court granted SPAS's motion to strike Alqudah's first cause of action for breach of contract. Alqudah cause of action based on fraud and misrepresentation is, as a result, the sole remaining cause of action at issue in the demurrer. The court finds that the allegations as to fraud and misrepresentation are insufficient to support the cause of action against SPAS. “In California, frau...

Excerpt: ...9.) In Spring of 2021, Plaintiff discovered more than $20,000 in fraudulent charges. (Complaint, Paragraph 10.) Plaintiff opened a fraud claim with Capital One, which provided Plaintiff with a case number. (Complaint, Paragraph 10.) Although Capital One advised Plaintiff he would not be responsible for fraudulent and unauthorized activity, Capital One subsequently denied his fraud claim and rebilled the charges to his credit card account. (Compla...

Excerpt: ... to strike portions of the First Amended Complaint. (1) This matter involves a three‐vehicle collision on June 15, 2019 where a vehicle driven by Defendant Verdugo is alleged to have collided with a vehicle driven by Plaintiff Prado, with whom Plaintiff Rodriguez was a passenger. Defendant Verdugo's vehicle is then alleged to have collided with a third vehicle. On June 18, 2019, the Tulare County District Attorney's Office filed criminal charge...

Excerpt: ...rovide accurate itemized wage statements alleged by each of plaintiffs (1) James Alvarez, (2) Raul Chavez, Jr., (3) Ruben Marquez, (4) Jeffrey McKeehan, (5) Javier Fonseca, and (6) Juan Barrera. Defendant Visalia Ceramic Tile, Inc. (VCT) filed six separate motions for summary adjudication against plaintiffs Alvarez, Chavez, Jr., Marquez, McKeehan and Fonseca on August 24, 2021. Plaintiffs Alvarez, Chavez, Jr., Marquez, Fonseca, and Barrera filed ...

Excerpt: ...the merits evaluation required by Kullar v. Foot Locker Retail, Inc. (2008) 168 Cal.App.4th 116, 129 as well as itemized cost information and a supplemental declaration from the Class Representative, Plaintiff Ronald Acker. On November 24, 2021, the Court received two supplemental declarations from counsel and one declaration from Plaintiff Acker addressing these issues. The supplemental declaration of Heather Davis provides sufficient informatio...

Excerpt: ...ant and cross‐complainant's cross‐complaint for breach of contract pursuant to California's anti‐SLAAP statute, Code of Civil Procedure section 425.16. This case arises from SPAS's breach of contract suit against defendant and cross‐complainant Ihssan Alqudah (Alqudah), a former tenant under a commercial lease, which followed the resolution of a prior separate unlawful detainer suit against Alqudah by stipulated judgment. SPAS sued Alquda...

Excerpt: ...her individual PAGA claim as well as $3,965.53 attorneys' fees and $1,590.00 in costs. Case Management Conference is continued to March 24, 2022: 8:30 am; D1. If dismissal is filed prior to said date the CMC will fall off calendar. Facts Plaintiff filed this action for various violations of California's Labor Code and Private Attorney General Act related to wage and hour issues including failure to pay minimum and overtime wages, failure to provi...

Excerpt: ...or other information regarding the $25,000 in costs, as requested previously; and (3) a declaration from Central California Legal Aid Services, as requested previously. The hearing and CMC are continued to January 20, 2022; 8:30 am; D1 to allow for further briefing. 1. Enhancement Awards to Class Representative Plaintiff Nereida Barela has submitted a declaration purporting to support an enhanced class representative award of 7,500.00. The Court ...

Excerpt: ...ians, to quiet title to property in Tulare County based on adverse possession. The dispute concerns a small area of land at a portion of the border between the plaintiff's property to the west and Hachigian's property to the east. Plaintiff alleges property she acquired in 2012 (as reflected in a deed attached to her complaint as “Exhibit ‘C' ”) shares a fence with the Hachigians' property to the east. Plaintiff further alleges, “[o]n inf...

Excerpt: ...val of class action settlement, attorneys' fees, costs and enhancement award came on for hearing on November 18, 2021. The court finds and rules as follows: On July 22, 2021, the settlement administrator, ILYM Group, received a mailing list of 1,585 potential class members from defendant's counsel with names, contact information, social security numbers and relevant employment information. The administrator processed the names through the Nationa...

Excerpt: ...ses of action (2) The Court grants the motion to strike the references to punitive damages found in paragraphs 38, 48, 55, 61, 72, 88 of the FAC and paragraph 5 of the prayer with 20 days leave to amend. (1) Relevant Facts This matter involves Plaintiff's experiences and treatment by Defendant Needham as her therapist. Plaintiff alleges that Defendant Needham knew Plaintiff was particularly vulnerable, that she was particularly susceptible to har...

Excerpt: ...ly with a claims statute and that he has complied with applicable claims statutes. Plaintiff then alleges a breach of contract whereby the breach occurred July 30, 2018. The Court's review of the complaint notes that no separate cause of action appears to be pled for defamation, although defamation is listed as a cause of action under Section 8 of the form complaint. The Court, however, exercises its discretion to give a reasonable interpretation...

Excerpt: ...obligation on the defendant: (1) To Live Stream 2‐3 times a week at 9:20 Eastern time for a few hours; (2) To post Watch lists 2‐3 times a week; (3) To work on Education materials (videos, PDF, etc) and (4) Post monthly Challenges starting at $500.00 for 30 days (month) to be reset and started again for the next 30 days. This agreement also contains a non‐competition clause. Plaintiff alleges that defendant failed to perform his duties unde...

Excerpt: ...renew their prior motion to certify this wage and hour action against defendant Visalia Ceramic Tile, Inc. (VCT) as to a class of “Tile Setters” and “Tile Finishers” employed by VCT for a period covering four years prior to filing of their initial complaint. Defendant opposes the motion, contending that there is a lack of numerosity and community of interest amongst the proposed class, that the proposed class representatives do not adequa...

Excerpt: ...ecords, or in the alternative, motion to compel plaintiff Kyle Clarke to sign an authorization to release his VA records OPERATIVE FACTS AND ANALYSIS This case arises out of an automobile accident in February of 2019. The County of Tulare has admitted liability for the accident. As a result of the accident, plaintiff Kyle Clarke sustained a disc extrusion with cervical cord compression that to date has been treated with chiropractic therapy, epid...

Excerpt: ...d upon the removal of the subject property from the rental market. Plaintiff indicates that the agreement to rent the subject property was based on a written agreement made with the Plaintiff's predecessor in interest. The complaint also checks box 6.e. indicating that “A copy of the written agreement…is attached and labeled Exhibit 1.” However, no Exhibit 1 containing a copy of the written agreement was filed with the complaint. Last, the ...

Excerpt: ...es Alvarez, Raul Chavez, Jr., and Javier Fonseca. Defendant Visalia Tile, Inc. (VT) filed its three separate motions for summary adjudication against plaintiffs Alvarez, Chavez, Jr., and Fonseca on July 23, 2021. Each of plaintiffs Alvarez, Chavez, Jr. and Fonseca filed pleadings in opposition on October 13, 2021. Oddly, plaintiffs Ruben Marquez and Juan Barrera also filed virtually identical pleadings in opposition on October 13, 2021, despite t...

Excerpt: ...ltural spray rig owned by defendant Helena Agri‐Enterprises LLC's. Plaintiff Irma Rosas was a passenger in that vehicle. At the time of the collision Mr. Rodriguez was operating his automobile on cruise control at a speed of approximately 62 mph and never attempted to brake his car or slow down before colliding with defendant's rig. Mr. Cortes‐Rodriguez denies that he was using his cell phone at the time of the accident. Based on that scenari...

Excerpt: ...d class action representative, and defendant United Ag Personnel Management, Inc. The proposed settlement would resolve various wage and hour claims arising under the Labor Code, Business and Professions Code and the Private Attorneys General Act (“PAGA”) of a proposed class defined as follows: “all current or former nonexempt, hourly paid employees of United Ag Personnel Management, Inc., who were employed in California and worked for Agri...

Excerpt: ...ject right of way, for a cul‐de‐sac at the termination of Avenue 128, for a PG & E electrical easement, and for LTRID irrigation canal easements. To meet project deadlines and allow for timely delivery of the planned infrastructure included within CP 2‐3, the State contends that it requires prejudgment possession of the defendant's farmland as soon as possible, but to comply with all statutory notice requirements, the State is requesting po...

Excerpt: ...Ceramic Tile, Inc. Tentative Rulings: Both defendant's motions for summary judgment, against plaintiffs Ascension Peraza and against Jeffrey McKeehan, are granted. There is no tentative ruling on the merits of plaintiffs' class certification motions at this time. Hearing on plaintiffs' class certification motions is continued to November 4, 2021, at 8:30 AM, in Department 1. Defendant's motions for summary judgment Both plaintiffs' complaints all...

Excerpt: .... Plaintiff contends that the City of Dinuba's liability arises out of a malfunctioning crosswalk signal at the intersection where the accident occurred. As this is a wrongful death action based on the death of an 87‐year‐old retiree, plaintiff does not claim a loss of earnings, medical expenses, or general damages. Plaintiff's asserted damages are limited to the loss of Mr. Millard's love, companionship, care, assistance, society, moral supp...

Excerpt: ...has complied with the provisions of California Rule of Court 3.1362(d) as to the service of the moving papers for this motion on the plaintiffs. The Court has not received any response to this motion. CCP §284 provides that “The attorney in an action or special proceeding may be changed at any time before or after judgment of final determination, as follows: 1. Upon the consent of both client and attorney, filed with the clerk, or entered upon...

Excerpt: ... below. Plaintiffs should not submit the entire motion and initial declarations a second time. The information is minimal, so a relatively short continuance is being provided. The hearing on this motion shall be continued to December 2, 2021, at 8:30 am in Department 1 of this court. Insufficient information has been submitted as to various provisions of the settlement agreement for the court to make the merits evaluation required by Kullar v. Fo...

Excerpt: ...endant Walmart Inc. (2) To deny plaintiffs' motion for summary adjudication. I. Defendants' Motion for summary judgment or adjudication A. Judicial notice; Defendant's evidentiary objections Defendants request the court take judicial notice of (a) plaintiffs' complaint filed in this action, (b) defendants' answer, and (c) the death certificate of decedent Rolando Esquivel Soto. Plaintiffs request the court take judicial notice of (d) the ruling o...

Excerpt: ...ment 1 of this court. CMC is taken off calendar. The class is defined as “all current and former non‐ exempt California employees who were paid overtime wages by Defendant at any time from February 13, 2019 through October 1, 2019.” The court finds that sufficient information has been submitted as to various provisions of the settlement agreement for the court to make the merits evaluation required by Kullar v. Foot Locker Retail, Inc. (200...

Excerpt: ...hall file his third amended complaint within twenty days from this ruling: (2) Defendant Nichole S. Atherton, MD's motion to strike portions of plaintiff's second amended complaint is rendered moot by this court's ruling as to defendant's demurrer to plaintiff's second amended complaint. Case Management conference is continued to December 16, 2021; 8:30 am; D1. OVERVIEW This is an action brought by Loren Sansom (hereinafter “Loren”) as an ind...

Excerpt: ...laintiff's counsel is to provide a revised order. The court finds that sufficient information has been submitted as to various provisions of the settlement agreement for the court to make the merits evaluation required by Kullar v. Foot Locker Retail, Inc. (2008) 168 Cal.App.4th 116, 129. 1. Sufficiency of Amount of Settlement ($1,500,000) The gross settlement amount is $1,500,000. Plaintiff estimates the total number of class members is 3200. Pl...

Excerpt: ...s raised below. Plaintiffs should not submit the entire motion and initial declarations a second time. Case Management Conference is likewise continued to the November 18, 2021 date. Insufficient information has been submitted as to various provisions of the settlement agreement for the court to make the merits evaluation required by Kullar v. Foot Locker Retail, Inc. (2008) 168 Cal.App.4th 116, 129. The identity of this class is “All non‐exe...

Excerpt: ...entative Rulings: (1) To grant defendant Ruan Transport Corp.'s motion to compel verified responses, without objection, to form interrogatories‐general, special interrogatories, and request for production (sets one). Plaintiff shall provide full and complete verified responses without objection to defendant's first sets of form and special interrogatories, and first demand for production of documents within thirty days after service of the noti...

Excerpt: ...er mistake, inadvertence, surprise, or excusable neglect.” Here, plaintiff American Express National Bank obtained a court judgment against defendant Julie Clemmons, aka Julie A. Clemmons on July 23, 2021 only to subsequently learn the next day that the defendant had filed bankruptcy on July 21, 2021, before the judgment had been obtained. Accordingly, the court finds that plaintiff's obtaining judgment against the defendant after she had alrea...

Excerpt: ...ritten settlement agreement on March 16, 2017 that provided that judgment for $11,320.00 would not be entered against Mr. Garza if he paid to Bank of America a minimum of $75.00 monthly from March 20, 2017 through August 20, 2018 followed by a minimum of $150.00 from September 20, 2018 until the balance of $11,320.00 was paid in full. The agreement further provided that in the event of default that Bank of America could move for a judgment for wh...

Excerpt: ...ramic Tile, Inc.'s motion to deem requests for admissions, set two, to plaintiff Jeffrey McKeehan. The facts and allegations set forth in Request for Admissions 19‐107 of defendant's second set of requests for admissions to plaintiff Jeffrey McKeehan shall be deemed admitted. Plaintiff Jeffrey McKeehan shall also pay monetary sanctions in the amount of $660.00 in fees and costs to defendant's counsel within thirty days after service of the noti...

Excerpt: ...e Rulings: (1) There is no published tentative ruling for the substantive portion of these motions. It appears that Plaintiff has produced the requested discovery. The court's tentative ruling regarding sanctions is $660.00 in fees and costs for each motion. Exhibit “A” to the declarations of Nick Pritchett filed in support of each of these discovery motions indicate that on March 22, 2021, defendant served his first set of form interrogatori...

Excerpt: ...laration filed along with their demurrer and motion to strike, are sufficient under the circumstances for this court to find defendants sufficiently complied with the requirements of Code of Civil Procedure sections 430.41 and 435.5. Plaintiff has not, as of the court's last review, filed any opposition to the demurrer or motion to strike. 1. Demurrer Defendants demurrer to plaintiff's complaint on the grounds that the complaint fails to state a ...

Excerpt: ...e involving this same defendant: Tulare County Superior Court Case No. VCU282277. Specifically, this court notes, as set forth in its order from the prior hearing on this motion, that the stipulation in the other case recites that both defendants in that case, one of whom is the defendant in this case, have indicated they collectively lack the financial ability to finance a possible class and/or PAGA settlement or judgment of the claims in that c...

Excerpt: ...easonably arising by implication must be accepted as true. Couglas v. E. & J. Gallow Winery (1977) 69 Cal.App.3d 103, 114. An exception, however, is that the general rule is limited to those material facts properly pleaded and does not apply to conclusions of fact or law. Moore v. Regents of University of California (1990) 51 Cal.3d 120, 125. For example, a bare allegation that an act is illegal, unlawful, unauthorized, wrongful, or fraudulent is...

Excerpt: ...documents the efforts undertook by plaintiff's counsel to discuss with the defendant the issues raised in this motion for judgment on the pleadings. CCP §439 requires that (a) before filing a motion for judgment on the pleadings pursuant to this chapter, the moving party shall meet and confer in person or by telephone with the party who filed the pleading that is subject to the motion for judgment on the pleadings for the purpose of determining ...

Excerpt: ... on preliminary approval shall be set for October 7, 2021; 8:30 am; Dept 1. The parties need not file for a second time the moving papers and declarations already on file with the court. Plaintiff Nereida Barela moves for an order (1) preliminarily approving a class action settlement of various wage and hour, and meal and rest period, claims, as well as related claims alleging violation of Business and Professions Code section 17200, et seq.; (2)...

Excerpt: ... California. On the day of this delivery, Mr. Gonzalez was struck when one or more hay bales fell on him as he was trying to unload these hay bales at AC Enterprises. Mr. Gonzalez contends that his injuries were the result of the failure of Hettinga's employees to cross-bale the stacked hay that would be within the standard of care to stack hay. Hettinga asserts that it delivered these hay bales as it routinely did, and that plaintiff caused his ...

Excerpt: ...be distributed to the LWDA consistent with the Settlement Agreement and the remaining 25% paid to the aggrieved employee to be determined by dividing the number of pay periods he or she worked during the PAGA period by the total aggregate number of pay periods and then multiplying this amount by the PAGA Aggrieved Employee payment. The court approves the gross settlement and the manner of distribution to the LWDA and the aggrieved employees. The ...

Excerpt: ..., the petition is procedurally deficient and the requested transfer is unreasonable and not in the best interests of payee Skyler Castillo. Here, payee seeks to transfer payments of $30,000.00 due to him on April 8, 2025 from a structured settlement created for a personal injury claim. The compensation for this transfer is $15,000.00 with a discount rate of 19.11% The petition indicates that payee is 27 years old, single, no dependents, and has n...

Excerpt: ...ng be submitted in advance of this hearing: (1) PAGA counsel to supplement their declarations to set forth the lodestar method utilized to warrant requested attorney fees and an itemization showing how requested costs were calculated; (2) a non-hearsay declaration from plaintiff itemizing the duties she performed and time invested in this matter to justify the requested enhancement payment; and (3) a non-hearsay declaration from the settlement ad...

Excerpt: ...efendant Mary Correa (“Mary”) has failed to perform obligations required of her under the agreement. Francisca seeks an order to enforce the settlement agreement under CCP 664.6. Francisca's prior two motions were denied by the court, without prejudice for an insufficient showing that Mary has refused to comply with the settlement terms. The settlement agreement relied on by Francisca provides that Mary will convey her interest in the subject...

Excerpt: ...roval shall be set for October 7, 2021; 8:30 am; Dept 1. The parties need not file for a second time the moving papers and declarations already on file with the court. Updated declarations shall be filed at least 10 court days prior to the next hearing date. Plaintiffs move for: (1) preliminary approval of their proposed class action settlement with defendant USA Waste of California, Inc; (2) provisional certification of a proposed settlement cla...

Excerpt: ... review of the contract attached to plaintiff's complaint appears to have imposed the following obligation on the defendant: (1) To Live Stream 2-3 times a week at 9:20 Eastern time for a few hours; (2) To post Watch lists 2-3 times a week; (3) To work on Education materials (videos, PDF, etc) and (4) Post monthly Challenges starting at $500.00 for 30 days (month) to be reset and started again for the next 30 days. This agreement also contains a ...

Excerpt: ...inary approval shall be set for September 16, 2021; 8:30 am; Dept 1. The parties need not file for a second time the moving papers and declarations already on file with the court. Plaintiff moves for preliminary and conditional approval of a proposed class action settlement between plaintiff Rubio Chaidez, the proposed class action representative, and defendant United Ag Personnel Management, Inc. The proposed settlement would resolve various wag...

Excerpt: ...rrogatories, set one, special interrogatories, set one, and request for production of documents set one. Plaintiff Jeffrey A. Brown dba Brown Security shall provide full and complete verified responses to these interrogatories and inspection demand without objection within thirty days from the service of the notice of this ruling. Plaintiff shall also pay monetary sanctions in the amount of $500 in fees and $90 in costs, for each motion, to defen...

Excerpt: ... on general negligence and premises liability arising from an alleged slip and fall injury at a Costco store location. Plaintiff Jorge Saavedra, on behalf of Citali Saavedra, a minor, commenced this action June 5, 2020, against defendant Costco Wholesale Membership, Inc., and Doe defendants 1 – 25. Trial is presently scheduled for August 16, 2021. Defendant's motion for summary judgment, or, in the alternative, summary adjudication, and pleadin...

Excerpt: ...ary Approval shall be set for September 2, 2021; 8:30 am; dept 1. The parties need not file for a second time the moving papers and declarations already on file with the court. Plaintiff moves for preliminary approval of a proposed class settlement, provisional certification of a settlement class described in the motion, appointment of the class representative, appointment of class counsel, scheduling of a hearing on final approval of the settlem...

Excerpt: ... in Department 1 of this court on November 4, 2021, at 8:30 AM. This is a continued hearing on plaintiff's motion for preliminary approval of a proposed class settlement, as well as provisional certification of a settlement class described in the motion, appointment of the class representative, appointment of class counsel, scheduling of a hearing on final approval of the settlement, appointment of a third-party settlement administrator, and appr...