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