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