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: ...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: ... 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...