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