Excerpt: ... no later than ten (10) days from the date of this ruling . Fact s In the third amended complaint, Plaintiff alleges eleven causes of action for discrimination, retaliation, failure to provide reasonable accommodation, failure to engage in interactive process, failure to prevent discrimination or retaliation, interference with CFRA leave, CFRA leave retaliation, violation of Labor Code sections 233, 246.5, and 1102.5, wrongful termination of empl...

Excerpt: ...dure section 946.6(e) . Fa ct s Petitioner seeks relief from the claims presentation requirement via this petition as to causes of action for negligence and premises liability that accrued September 5, 2022. The petition states that Petitioner was injured when the roof of her apartment located at or near 13 North N Street #134, Tulare, California 93274 (“Subject Property”) suddenly fell and landed on Petitioner's person. Petitioner indicates ...

Excerpt: ... presented at the hearing; Counsel may appear in any manner; the Court notes that it issues no ruling as to Respondents State of California and County of Tulare based upon a lack of proper service of the Petition on these Respondents . Background Fact s The Court continued this matter previously and sought supplemental facts underling the calendaring error claimed as the basis for this petition. The Court is in receipt of Plaintiff's counsel's de...

Excerpt: ...Property”), is based upon a three day notice to pay rent or quit (“Notice”). The Notice, dated January 29, 2024 and attached as an Exhibit to the complaint, seeks $700 in past due rent from December 20, 2023 through January 20, 2024. The notice provides that the past due rent may be paid to Plaintiff Rivera, in person, Monday throu gh Friday, 8:00 am through 3:00 pm, but does not provide an address or location to make the past due rent paym...

Excerpt: ...The box 3.b. is checked “Defendant admits that all of the statements of the complaint or cross -complaint arc true EXCEPT:” and no statements are noted as false or denied for lack of information and belief . However, the answer then states “This exact issue went to court and was dismissed. I pray for the money demanded all of it please be forgiven. I am on a f ixe d in c o m e , ju s t e xis t in g , d is a b le d s e n io r c it ize n …�...

Excerpt: ...r Street, Porterville, CA 93257 (the “Subject Prope rt y”). On February 26, 2024, Plaintiff filed a proof of service indicating that law enforcement served Defendant Jorge Meza on February 20, 2024 via personal s e r v ic e . On February 27, 2024, default and default judgment for possession only was entered. The writ of possession issued the same day . On March 5, 2024, Defenant filed this ex parte application for relief from default and defa...

Excerpt: ...ce that may be presented at the hearing; Counsel may appear in any manner; the Court notes that it issues no ruling as to Respondents State of California and County of Tulare based upon a lack of proper service of the Petition on these Respondents . Background Fact s The Court continued this matter previously and sought supplemental facts underling the calendaring error claimed as the basis for this petition. The Court is in receipt of Plaintiff'...

Excerpt: ...ion for relief from default. In support, Defendant checks the box for inadvertence and oversight, states alleged meritorious defenses, states “I did not understand that I had to respond to the Plaintiff's papers in five days…” Notice appears properly made to Plaintiff's attorney via voicemail. Authority and Analysis As to the motion for relief from default judgment, it must be made within a reasonable time, not to exceed six months, after t...

Excerpt: ...he same evidentiary issues identified below, was made by Defendant on demurrer. The Court overruled the demurrer. Defendant answered the complaint on January 22, 2024. Defendant thereafter filed this motion for judgment on the pleadings. The complaint attaches a three day notice (“Notice”) (Exhibit 2) and proof of service thereof (Exhibit 3) that indicates service of the Notice was made to Defendant personally and by posting and mailing to th...

Excerpt: ... attaches the Notice as Exhibit 2 and the proof of personal service on both Defendants as Exhibit 3. The Notice names the Defendants, states the address of the Subject Property, states an amount of rent due as $770, states the time, manner and place of payment of rent via Plaintiff's attorney and its office, provides three days to bring the rental amount current and is executed by the Plaintiff's trustee. The Notice was served personally on Decem...

Excerpt: ...e basis of an improperly served three day no
Ÿce. The Court, on January 9, 2024, overruled the demurrer and expressly ordered Defendant to Þle an answer no later than Þve days from the date of the hearing. Instead, Defendant, on January 11, 2024, Þled an un
Ÿmely mo
Ÿon for judgment on the pleadings in contraven
Ÿon of the Code of Civil Procedure and this Court's order. Code of Civil Procedure sec
Ÿon 438(f)(2) authorizes the Þling of a ...

Excerpt: ...l malpractice that accrued August 16, 2022. The petition states that on August 16, 2023, Petitioner applied to Defendants Sierra View Local Health Care District, Tulare County, City of Porterville, and State of California for permission to file a late claim under Government Code section 911.4. No presentation of claim had occurred as to any Defendant under Government Code secton 911.2. The City of Porterville denied the application on September 6...

Excerpt: ...roof of service thereof (Exhibit 3) that indicates service of the Notice was made to Defendant personally and by posting and mailing to the address of the Subject Property. Defendant demurrers on the basis that he does not receive mail at the Subject Property address and therefore did not receive proper service of the Notice on which this complaint is based. However, this factual issue regarding receipt of mail is supported by a declaration of De...

Excerpt: ...023, served Form Interrogatories — General, Set One, Form Interrogatories — unlawful Detainer, Set One, and Requests for Admission, Set One on Defendant Tovar via overnight delivery. No responses have been received as of the date of filing of this motion. Trial (and this motion) was initially set for January 2, 2024. Defendant was served personally with this moton pursuant to the filed proof of service. 80th trial and this motion were continu...

Excerpt: ...alifornia, LLC and Providence Group, Inc. for negligence, elder abuse, violation of the Health and Safety Code section 1430(b) and wrongful death. On or about March 21, 2023, Decedent was admitted as a resident at a skilled nursing facility operated by Defendants for multiple medical conditions. (Complaint 913.) The complaint further alleges that Decedent suffered a fall at the facility on April 5, 2023, which in turn caused a leg wound that deve...

Excerpt: ...3 and provided the address of "30990 Hwy 190 Porterville, CA 93257" which appears to be the same address of the property at issue in this matter "30990 Highway 190, White Cabin, Porterville, CA 93257." The Court held trial on December 12, 2023 and granted judgment for possession and $3,675 for Plaintiff. Defendant did not appear at trial. The writ of executon was issued on December 12, 2023. Defendant Cribbs states brings this motion under Civil ...

Excerpt: ...ne on Defendant Tovar via overnight delivery. This motion was filed December 28, 2023. No responses has been received as of the date of filing of this moton. Trial is set for January 2, 2024. Defendant was served personally with this moton pursuant to the filed proof of service. Authority and Analysis Responses to interrogatories and requests for admissions are due within five days after service. (Code Civ. Proc. SS 2030.260(b), 2033.250(b).) Ser...

Excerpt: ...mplaint for negligence involving a motor vehicle accident between Plaintiffs and Defendants Kelley and T & T Trucking and Crane (really Offshore Crane and Service Co. dba T&T Truck and Crane Service.) Plaintiffs allege that Defendant Kelley operated a tractor trailer owned by Defendant Offshore which crossed into Plaintiffs' lane too close to Plaintiffs and without suffic:ient speed or acceleration, causing Plaintiffs to steer their vehicle to th...

Excerpt: .... Plaintiffs filed this matter April 7, 2022. Defendants filed an answer December 2, 2022. Despite Plaintiffs' filing of a case management statement on February 27, 2023 as to the case management conference March 14, 2023, Plaintiffs counsel failed to appear at that case management conference. Therefore, the Court set an order to show cause as to dismissal for May 2, 2023 and continued the case management conference to that date. On May 2, 2023, ...

Excerpt: ...tes by San Joaquin Valley Unified Air Pollution Control District (District) against Setton Pistachio of Terra Bella, Inc. (Setton). Setton is a pistachio company with a processing facility in Terra Bella, California. The District's alleges various regulatory and statutory violations by Setton. The District commenced this action by filing its original complaint on May 30, 2023. The District filed an amended complaint on July 21, 2023, alleging six...

Excerpt: ... prevent discrimination or retaliation, interference with CFRA leave, CFRA leave retaliation, violation of Labor Code sectons 233, 246.5, and 1102.5, wrongful termination of employment and intentional infliction of emotional distress. Plaintiff alleges he was employed by a combination of Defendants including Defendant DG Farms, a business entity unknown that Plaintiff alleges is a registered DBA of individual Defendant Billy De Groot, the owner a...

Excerpt: ...lty for prevailing in a civil action under Civil Code section 1940.2(b) involving property located at 240 N. G. Street, Porterville, CA 93257 (the "Subject Property." ) The Complaint appears to allege retaliation and habitability issues. Vela alleges that Defendant Perez, as the person with whom she entered an oral lease agreement, breached the warranty of habitability and therefore she was excused from payment of rent that was otherwise due and ...

Excerpt: ... 24, Rosario Soto who was erroneously sued as defendant, Rosorio Soto, appeared, took the oath under penalty of perjury, and submitted himself to the judgment debtor examination of Plaintiffs' counsel. At the judgment debtor examination, Rosario Soto represented that he was attempting to refinance his home to satisfy the Plaintiffs default judgment. On or about August 9, 2011, Plaintiffs received notice from the Internal Revenue Service that Rosa...

Excerpt: ... located at 313 South W Street, Porterville, CA 93257 ("Subject Property." ) (Complaint '13.) Plaintiff, representing himself, alleges an interest in the Subject Property as owner. (Complaint 93.) The complaint alleges this is a three day notice to pay rent or quit matter. (Complaint '19.) On August 17, 2023, Plaintiff filed a prtnf of service of the summons and complaint indicating personal service on Defendant was made on August 10, 2023 by a C...

Excerpt: ...filed an answer to the underlying complaint in this matter August 15, 2022. Defendant Bauer was also named in a cross-complaint filed October 13, 2022 and answered the cross- complaint on November 15, 2022. Bauer now moves to amend his answers. All parties have stipulated to the amendment seeking to add the affirmative defense of sudden emergency. Authority and Analysis The Court may, in the furtherance of justice, and upon any terms as may be pr...

Excerpt: ...t in support of punitive damages. The Court has found that the underlying allegations as to oppression are sufficient as to the renting of a room with knowledge of infestation of bed bugs. However, the Court granted leave to amend the prior pleadings specifically on the issue of the knowledge, ratification, authorization or direct conduct by Defendant's managing agent as to the oppressive conduct alleged. The second amended complaint, as to the m...

Excerpt: ...ion for judgment on the pleadings to be hearing July 18, 2023. The filing of this motion one day prior to the hearing date violates the Court's Standing Order No. 01-002 as follows: "TO EFFECT THE SUMMARY INTENT OF THE UNLAWFUL DETAINER STATUTES, THE COURT FINDS GOOD CAUSE TO SET THE HEARINGS ON ALL DEMURRERS, MOTIONS TO STRIKE, AND OTHER PRE-TRIAL MOTIONS ON WHICH THERE IS NO SPECIFIC STATUTE STATING OTHERWISE IN ACCORDANCE WITH CODE OF CIVIL PR...

Excerpt: ...ons was continued to permit the parties to meet and confer as to the writ applications. (1), (2), (4) and (5) The Court further notes that default was entered against as to Prime Ag, Kaur and Singh on July 12, 2023. The Court's understanding is that, upon entry of default, its jurisdiction is limited to entry of default judgment upon a sufficient showing or consider a motion for relief from the default. (We] & Brown, Cal. Prac. Guide: Civ. Proc. ...

Excerpt: ...ts as to the managing agent issue. The motion to strike the amended complaint of Plaintiff as to pun-tive damages arises as a result of the Court's ruling on the motion to strike portions of the initial complaint. In the Court's March 14, 2023 ruling, it found that: "Plaintiff sufficiently alleges oppression. Oppression is defined above and Plaintiff alleges that Defendants knew that the room assigned to Plaintiff was infested with bed bugs prior...

Excerpt: ...arris Road Springville, California 93265 ("Subject Property"), the Court held trial on May 16, 2023, granted judgment for possession for Plaintiff after trial, cancelled the rental agreement, issued the writ immediately, and awarded $3,896 to Plaintiff. The writ of possession was issued May 17, 2023. Defendant Scott now brings this ex parte motion to vacate the Court's judgment and stay execution of judgment. In support, Defendant states she did ...

Excerpt: ...dence OPCO LLC and Providence Group of California LLC. Specifically, the complaint alleges "Defendant failed to: (1) protect MR. TROY from health and safety hazards (3) [sic] provide necessary care and protection in light of his vulnerable condition and his inability to care for his own needs; (4) provide medical care for physical and mental health needs; (6) create and update an adequate plan of care to protect MR. TROY given the COVID-19 outbre...

Excerpt: ...rty located at 707 N. Newcomb St. #64 Porterville CA 93257 ("Subject Property"). This isa three day notice to pay rent or quit matter. Per diem rent is noted in the complaint at $19 per day. Defendant Buenrostro was served via personal service of the complaint on April 7, 2023. On May 4, 2023, judgment was entered for possession and for damages in the amount of $7,434 inclusive of past due rent, holdover damages and costs. On May 5, 2023, the wri...

Excerpt: ...involves a residence located at 565 S. Walnut #A Porterville, CA 93257 ("Subject Property"). This is a three day notice to pay rent or quit matter. The notice was served April 9, 2023 and this action as filed April 20, 2023. The proof of service filed May 5, 2023 indicates that Defendant Brady was served with the summons, complaint and other required documents via personal service by a California Sheriff on May 1, 2023. On May 9, 2023, default wa...

Excerpt: ...s were agreed upon by the parties: Plaintiff to pay approximately $44,000 to bring Wells Fargo loan current; Plaintiff to pay approximately $30,000 to Defendants at close of escrow; Defendants will have 30 days to vacate property; Defendants subject to daily penalty of $70 if not vacated; Defendants will leave loan in place and deed title of property to Plaintiff, Plaintiff agrees to take title subject to "Wells Fargo Deed of Trust;" Plaintiff to...

Excerpt: ...cate the unit by April 7, 2022, plaintiff will vacate the judgment and file a dismissal with prejudice by April 19, 2022, or defendant may file an ex parte declaration to vacate judgment and dismiss this action with prejudice." The stipulation is signed by both parties and further contains a term indicating the Court shall retain jurisdiction to enforce the stipulation. The Court entered its order as to these terms on March 8, 2022. Defendant has...

Excerpt: ...1) Facts re: Amended Petition of Marcellus Luque The Court notes it has reviewed the amended petition filed as to Marcellus Luque. The following is based upon the amended #tition and related documents filed April 12, 2023. Petitioner is Vanessa Siquina, the parent of the 4-year-old minor Marcellus Luque. Petitioner now brings a petition to approve the compromise of a settlement offer to the minor child. According to the Petition, on April 28, 201...

Excerpt: .... On February 14, 2023, Plaintiff filed this unlawful detainer action. Plaintiff was unable to effect service on Defendant Ronald Silva either personally or through due diligence in any other manner specified in Article 3, Chapter 4, Title V of the Code of Civil Procedure. Thereafter, Plaintiff filed an application to permit service by posting and mail. The Court, on March 8, 2023, granted the motion and ordered the posting of the summons, compla...

Excerpt: ...of corroborative fact to remain under seal and confidential. "The court shall keep under seal and confidential from the public and all parties to the litigation, other than the plaintiff, any and all certificates of corroborative fact (Code of Civil Procedure S 340.1, sub. (0).) The same ruling in this matter denied a motion to proceed under a fictious name because the Doe Defendant 1, School District had not yet been served and therefore could n...

Excerpt: ...ntiff served a sixty day notice to terminate ("Notice"). On February 14, 2023, Plaintiff filed this unlawful detainer action. Plaintiff was unable to effect service on Defendants Jordan Silva and Ronald Silva either personally or through due diligence in any other manner specified in Article 3, Chapter 4, Title V of the Code of Civil Procedure. Thereafter, Plaintiff filed an application to permit service by posting and mail. The Court, on March 8...

Excerpt: ... alleges and complains that Judge Ide questioned Plaintiff about whether Plaintiff was holding herself out as her congregant's attorney. Plaintiff identifies no precise cause of action but references freedom of religion and a violation of her Fourteenth Amendment due process and equal protection rights. In addition to monetary damages, Plaintiff seeks an order removing Judge Ide from presiding over "any and all matters pertaining to my person thr...

Excerpt: ...ntiff served a sixty day notice to terminate ("Notice"). On February 14, 2023, Plaintiff filed this unlawful detainer action. Plaintiff was unable to effect service on Defendants Jordan Silva and Ronald Silva either personally or through due diligence in any other manner specified in Article 3, Chapter 4, Title V of the Code of Civil Procedure. Thereafter, Plaintiff filed an application to permit service by posting and mail. The Court, on March 8...

Excerpt: ...s and complains that Judge Ide questioned Plaintiff about whether Plaintiff was holding herself out as her congregant's attorney. Plaintiff identifies no precise cause of action but references freedom of religion and a violation of her Fourteenth Amendment due prc„cess and equal protection rights. In addition to monetary damages, Plaintiff seeks an order removing Judge Ide from presiding over "any and all matters pertaining to my person through...

Excerpt: ...tation No. 12-38993-0017652-F, a Class A violation, to Plaintiff on June 23, 2022. Plaintiff served its notice of intent to contest the Citation on June 30, 2022. Plaintiff thereafter filed this complaint to dismiss the Citaton on September 21, 2022. Plaintiff, however, did not serve the complaint and summons until January 30, 2022. Defendant, under Health and Safety Code section 1428(b) moves to quash service as beyond the 90 day period from the...

Excerpt: ...cating a general denial appropriate to complaints demanding less than $1,000. Plaintiff moves for summary judgment on the basis that Defendant cannot file a general denial, has raised no affrmative defenses and that the handwritten portion of the answer admits rent is due and owing and that he is in possession of the Subject Property. Authority and Analysis "A motion for summary judgment may be made at any tme after the answer is filed upon givin...

Excerpt: ...Facts Petitioner was employed by the City of Porterville as a firefighter. (Declaration of Roulston (“Roulston Decl.”) ¶1.) Petitioner was terminated on October 18, 2021. (Roulston Decl. ¶ 1.) Petitioner was terminated apparently based upon an off‐duty arrest on July 3, 2021 for alleged assault and battery. (Roulston Decl. ¶ 6.) On October 13, 2021, an administrative hearing (Skelly hearing) took place. (Roulston Decl. ¶ 6.) At the Skel...

Excerpt: ...4) days of this order. For purposes of assessing the sufficiency of a demurrer, the court is to assume the truth of all well- pleaded facts. (Blank v. Kirwan (1985) 39 Cal. 3d 311, 318; CCP 430.30.) The court will accept as true all facts that may be implied or inferred from those alleged. (Marshall v. Gibson, Dunn & Crutcher (1995) 37 Cal. App. 4th 1397, 1403.) The court “‘is to determine whether the pleaded facts state a cause of action on ...

Excerpt: ...iling their action. Plaintiffs acknowledge their First Amended Complaint does not and cannot yet assert compliance with the tort claim requirements. In their opposition, Plaintiffs state they are in the process of complying with the statute. Leave to amend is to be liberally allowed. As Plaintiffs may be able to state new facts sufficient to cure the pleading deficiencies, leave to further amend is granted. If no one requests oral argument, under...

Excerpt: ...ird Cause of Action in the First Amended Complaint, with leave to amend. Plaintiff shall file any amended complaint as to the third cause of action within ten (10) days of this order. If no amendment is filed within the time specified, Defendant shall have 15 days thereafter to answer the complaint on the remaining causes of action. In their First Amended Complaint, Plaintiffs have asserted sufficient facts to state a claim for negligent supervis...

Excerpt: ... court is to assume the truth of all well- pleaded facts. (Blank v. Kirwan (1985) 39 Cal. 3d 311, 318; CCP 430.30.) The court will accept as true all facts that may be implied or inferred from those alleged. (Marshall v. Gibson, Dunn & Crutcher (1995) 37 Cal. App. 4th 1397, 1403.) The court “‘is to determine whether the pleaded facts state a cause of action on any available legal theory.' [Citation.]" (Richelle L. v. Roman Catholic Ar...

Excerpt: ...utes and legal conclusions with no factual allegations to support a demurrer in this action. Plaintiff's First Amended Complaint is sufficient to state an unlawful detainer claim against Defendant. If no one requests oral argument, under Code of Civil Procedure section 1019.5(a) and California Rules of Court, rule 3.1312(a), no further written order is necessary. The minute order adopting this tentative ruling will become the order of the court a...