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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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