Excerpt: ...ton Pistachio of Terra Bella, who allegedly "owned/operated/controlled" the property where the pit was constructed; Industrial Design & Construction, who Setton allegedly hired to construct the pit; and Paul Hankins, who was allegedly hired by Setton to excavate it. The Peregrinas allege a first cause of action for negligence and related second cause for premises liability based on allegations the pit was negligently excavated and maintained by d...

Excerpt: ... 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 March 13, 2023. The Court finds and rules as follows: On February 17, 2023, the settlement administrator Phoenix Settlement Administrators, through its Case Manager, filed a declaration detailing the following events. On September 27, 2022 the administrator received a mailing...

Excerpt: ...or 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 March 20, 2023. The Court finds and rules as follows: On February 24, 2023, the settlement administrator Phoenix Settlement Administrators, through its Case Manager, filed a declaration detailing the following events. On November 21, 2022 the administrator received a ...

Excerpt: ...r September 18, 2023, 8:30 am in Department 2. Plaintiff's motion for final approval of class action settlement, attorneys' fees, costs, enhancement award, and class certification for settlement purposes came on for hearing on March 13, 2023. The Court finds and rules as follows: On March 6, 2023, the settlement administrator Simpluris, through its Case Manager, filed a declaration detailing the follow-ng events. On September 27, 2022 the adminis...

Excerpt: ...or 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 March 20, 2023. The Court finds and rules as follows: On February 24, 2023, the settlement administrator Phoenix Settlement Administrators, through its Case Manager, filed a declaration detailing the following events. On November 21, 2022 the administrator received a ...

Excerpt: ..., filed February 8, 2023, involves property located at 309 1/2 W. Tulare Ave. Visalia, Calif. 93277 (“Subject Property.”) (Complaint ¶3.) The Court notes this action is based on a three-day notice to pay rent or quit. On February 22, 2023, Plaintiff filed proofs of service indicating personal service was made on Defendants Janet Cross, Jason Cross and Jennifer Travis on February 12, 2023 by a registered process server. On February 22, 2023, ...

Excerpt: ..., 2022, default was entered as to Defendant Farias. No default judgment, however, has been entered in this case. Plaintiff now moves for an interlocutory judgment of partition by sale, for appointment of Kevin Singer as referee, and to start the process of selling the real property. Authority and Analysis Partition is an equitable action that is governed by statute. (Civ. Proc. Code, §§ 872.010 et seq.) Pursuant to the Civil Procedure Code, pro...

Excerpt: ...Case No. VCU293788, and his Private Attorney General Act (PAGA) action, Case No. VCU293928, for all purposes. Class Action Case - VCU293788 In this case, Plaintiff sues Defendant individually and on behalf of others similarly situated for 1) failure to pay overtime wages; (2) failure to pay minimum wages; (3) meal period violations; (4) rest period violations; (5) failure to pay sick pay; (6) failure to pay reporting time; (7) secret underpayment...

Excerpt: ... – a model year 2015 Chevrolet Sonic, VIN 1G1JE5SB2F4151742 (the “Sonic”) – in August 2015. (UMF No. 1.) Plaintiffs bought the Sonic used in August 2015, from Carmax Auto Superstores California and GM was not a party to this transaction. (UMF No. 2.) GM further states Carmax Auto Superstores California is not a GM-authorized dealership. (UMF No. 3.) As to the evidence in support of this fact, GM provides a declaration from its counsel, wh...

Excerpt: ...ciary duty, negligence, “insurance and bank fraud,” and “conversion of personal property.” (2) The motion to strike is rendered moot in light of the court's ruling on demurrer. Amanda Pereira, Janet Newsome, Tara Aceves and Ward Stringham demurrer to each cause of action of Robert Newsome's second amended petition/complaint on the grounds that each cause of action both fails to state a cause of action, and each is uncertain. (Code Civ. Pr...

Excerpt: ...ing Defendants Nancy Johnson and Kevin Doyle. On October 31, 2022, Plaintiff filed a proof of service indicating personal service on named Defendants Nancy Johnson and Kevin Doyle on October 1, 2022 at 3:31 pm. Service was made by a registered process server. Default judgment was entered as to the named Defendants on October 31, 2022. The writ was issued November 14, 2022. Defendant Doyle now seeks to set aside the default judgment on the basis t...

Excerpt: ... December 19, 2022, the complaint was filed. Defendant was served by posting and mailing on January 7, 2023, under Code of Civil Procedure section 415.45 following this Court's order. On January 31, 2023, default was entered. On February 2, 2023, the writ of possession was issued. On February 10, 2023, Defendant filed this ex parte motion to vacate the default and to file a proposed answer. In support, Defendant states, generally, that he was mis...

Excerpt: ...evrolet Malibu (the “Subject Vehicle.”) Plaintiffs seek damages for breach of implied and express warranty. Plaintiffs filed this case November 23, 2021. Defendant notes that on July 27, 2022, Plaintiffs filed for Chapter 7 bankruptcy, but did not list this lawsuit on the bankruptcy petition and schedules, declaring no pending lawsuits or claims of any kind. Defendant notes that a section 998 offer of $31,000 was offered to Plaintiffs in June...

Excerpt: ...ough her Guardian ad Litem, filed this amended complaint alleging personal injury arising out of a motor vehicle versus pedestrian accident on or about May 2, 2022. Plaintiff complaint states motor vehicle, general negligence, and negligent infliction of emotional distress causes of action against Defendant Margarita Gonzalez de Mancilla, the driver of the vehicle and, against Defendant Ignacio Mancilla, the vehicle's owner. However, as Defendant...

Excerpt: ...mployment with Edison Mini Mart, was driving while intoxicated and at an unsafe speed. Further, that Defendant ran through a stop sign at the intersection of Tea Pot Avenue and Indiana Street and collided with a parked 1993 Ford Ranger. The force of the collision caused the Ford Ranger to plow into Plaintiff, causing him severe injuries that included the amputation of both legs, a hole in the aorta, a broken pelvis a broken right shoulder blade, ...

Excerpt: ...+ Kinkhead LLP (collectively, LBBK), as counsel for defendants Yasir Anwar, Mayra Anwar, and Yasir Anwar and Mayra Anwar as Trustees of the Anwar Family Trust Dated March 12, 2012 (collectively, Anwar Defendants). Movants contend a conflict of interest exists between LBBK's representation of the Anwar Defendants and its representation of American Alternative Insurance Corporation (AAIC), Yasir and Mayra Anwars' insurer under a personal umbrella l...

Excerpt: ... The parties, on November 3, 2021, at the mandatory settlement conference, informed the Court they had reached a settlement, that the Court was to retain jurisdiction under Code of Civil Procedure section 664.6 to enforce the settlement. The material terms of the written settlement agreement, executed on November 2, 2021, appear to the Court as follows:  “1A $6,250 to be held in [Defendants' Counsel's] trust until issue of repairs is resolve...

Excerpt: ...Corporation. (Petition ¶¶ 1, 2, 3, 6.) The verified petition indicates Respondent James Paggi is Petitioner's brother, named RMO of the Corporation, is not individually licensed by the State Contractor's License Board. (Petition ¶¶ 4.) The Corporation's bylaws indicate the Corporation shall have a Board of Directors consisting of two members. (Petition ¶7.) Petitioner and Respondent currently hold those positions. (Petition ¶7.) Petitioner ...

Excerpt: ... are denied. Touchstone's motion to compel further production of documents or, if applicable, further responses regarding Wonderful's inability to comply, is granted. Wonderful to provide further documents/responses within 30 days of notice of this ruling. Touchstone's motions to compel Wonderful to produce Noah Sa, Isidro Frias, Jose Frias, Augusto Ramirez, and Isidro Cortez for deposition, and to produce Todd Consolascio and Dave Szeflin for fu...

Excerpt: ...arious California Labor Code violations on a class action basis as well as for civil penalties under PAGA against Defendants UBEO West, LLC, f/k/a RAY A. MORGAN COMPANY, LLC and RMC A RAY MORGAN COMPANY, LLC. Defendants seek to compel this matter to arbitration based upon an agreement to arbitrate presented to Plaintiff during his employment. Facts – Agreement to Arbitrate In support, Defendants present the declaration of its Regional Director ...

Excerpt: ... in a motion for summary judgment is to delimit the scope of the issues; the function of the affidavits or declarations is to disclose whether there is any triable issue of fact within the issues delimited by the pleadings.” (Juge v. County of Sacramento (1993) 12 Cal.App.4th 59, 67, citing FPI Development, Inc. v. Nakashima (1991) 231 Cal. App. 3d 367, 381‐382.) Plaintiff alleges causes of action for “Discrimination, Retaliation, and Haras...

Excerpt: ..., providing an estimated average payout of $1,140.45 per member. The Class Members consist of: All current and former non‐exempt employees of Defendant in California who did not sign an arbitration agreement as of September 22, 2022 and worked for Defendant (“Settlement Class Members”) at any time during the period of July 19, 2017, through September 22, 2022 (“Class Period”). Plaintiff filed a complaint (“Complaint”) against Defend...

Excerpt: ... sections identified by the Court. Facts Common to (1) and (2) Plaintiff Henry Oney, through his guardian ad litem, sues Defendant Kaweah for elder abuse and neglect under Welfare and Institutions Code section 15600, et seq., violation of resident rights under Health and Safety Code section 1430(b) and for negligence based upon his admission to and care at Defendant's various facilities. Plaintiff alleges, at the age of 67, he was admitted to Def...

Excerpt: ...es not indicate Plaintiff's interest in the Subject Property, as no boxes are checked under Paragraph 4 of the complaint. The Complaint is based upon a three‐ day notice to pay rent or quit, attached to the Complaint. The Notice, however, only states the amount due and that the rent must be delivered in person to a specific address. The period for which the rent is due is unknown and the usual days and hours of availability are not stated. Defe...

Excerpt: ...mployment with Edison Mini Mart, was driving while intoxicated and at an unsafe speed. Further, that Defendant ran through a stop sign at the intersection of Tea Pot Avenue and Indiana Street and collided with a parked 1993 Ford Ranger. The force of the collision caused the Ford Ranger to plow into Plaintiff, causing him severe injuries that included the amputation of both legs, a hole in the aorta, a broken pelvis a broken right shoulder blade, ...

Excerpt: ... 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 January 23, 2023. The Court finds and rules as follows: On December 30, 222, the settlement administrator ILYM Group, through its Case Manager, filed a declaration detailing the following events. On August 12, 2022, the administrator received a mailing list of 79 po...

Excerpt: ...This is an unlawful detainer matter involving 1435 North Crawford Avenue #E106 Dinuba , CA 93618 (“Subject Property.”) On November 4, 2022 the complaint was filed. On December 19, 2022, Plaintiff filed a proof of service indicating posting and mail service on Defendant Chavez occurred on November 5, 2022. On December 19, 2022, default judgment was entered for possession only and the writ of possession was issued. On January 11, 2023, Defendan...

Excerpt: ...er of the board of directors of Sierra View, challenges his “censure” by respondent Sierra View's board, which it issued after receiving a confidential complaint from Sierra View CEO, Donna Hefner, about comments made by Pandya that the board deemed offensive. Pandya challenges, by petition for writ of mandate, both the board's initial determination to issue the censure, and its affirmation of that determination following a board reconsiderat...

Excerpt: ... of contract causes of action. Facts Plaintiffs sue Defendants Kevin Park and Tara Park for fraud, negligent misrepresentation, conversion and breach of contract based on the attempted sale of a business known as KTR Liquidations. Defendant Tara Park demurs to the complaint on the basis that each cause of action fails to set forth sufficient facts which state a cause of action against her personally. As to Defendant Tara Park, the Court notes the...

Excerpt: ...oper notice was given to all parties affected to attorney Thomas J. Bullock's application to appear pro hac vice for Defendant. The Court finds that attorney Bullock meets the statutory requirements under California Rule of Court 9.40(a) to submit an application to appear pro hac vice before this Court, and that the contents of this applications of attorney Bullock indicates an association with California counsel Joshua Kasta of Bailey Glasser, L...

Excerpt: ...salia, California, 93291 (“Subject Property.”) The Court notes this is an action for unlawful detainer after a foreclosure sale. On September 9, 2022 the complaint was filed. On October 6, 2022, Plaintiff filed a proof of service indicating substitute service on Defendants Tressie B. Williams, Emma Warren and all other occupants in possession of the premises occurred by service on “Tracy Doe” listed as an occupant of the Subject Property ...

Excerpt: ...is complaint alleging personal injury arising out of a motor vehicle versus pedestrian accident on or about May 2, 2022. Plaintiff complaint alleges motor vehicle, general negligence, and negligent infliction of emotional distress causes of action against Defendant Margarita Gonzalez de Mancilla, the driver of the vehicle and, against Defendant Ignacio Mancilla, the vehicle's owner. Specifically, Plaintiff alleges Defendant Gonzalez de Mancilla f...

Excerpt: ...MD and Defendant answered the amended complaint. (UMF Nos. 1, 2, 3.) Defendant then provides its expert's qualifications and opinion that Defendant did not breach the standard of care or cause Plaintiff's injuries. (UMF Nos. 4, 5, 6.) Specifically, Defendant's expert is Michael Margolis, MD who specializes in Obstetrics and Gynecology, including reconstructive surgery, which Defendant states includes the same type of surgery performed on Plaintif...

Excerpt: ...e expected to confirm, in addition to a trial date, whether or not an administrative record will be submitted and/or whether the parties anticipate disputes concerning the presentation of documentary evidence and/or evidence in the form of written declarations. Demurrer Petitioner Guarang Pandya is a medical doctor and member of the board of directors of respondent Sierra View Local Health Care District, a public entity healthcare district. Guara...

Excerpt: ...h the writ of possession. Facts This is an unlawful detainer matter involving 4646 W. Caldwell Avenue, #H, Visalia, California 93277 (“Subject Property.”) On March 8, 2022, Plaintiff and Defendant Jose Hernandez, by stipulation, indicated that this matter had been resolved pursuant to a settlement agreement and that the Court retained jurisdiction under Code of Civil Procedure section 664.6 in event of a breach. This case was thereafter dismi...

Excerpt: ...nuba, CA. (“Property”). (Complaint ¶¶1, 2.) Plaintiffs “are individuals who are owners, not on record due to the defendant's claim of a lien on the Property at all times since the Property's acquisition in March 1984. Plaintiffs requests quiet title herein.” (Complaint ¶3.) Defendant Fierro is the owner of record, has been since March 1984. (Complaint ¶4.) Defendant Fierro is also Plaintiffs' maternal uncle. (Complaint ¶11). Plaintif...

Excerpt: ...sts, enhancement award, and class certification for settlement purposes came on for hearing on December 5, 2022. The court finds and rules as follows: On August 4, 2022, the settlement administrator, Atticus Administration, LLC, received a mailing list of 150 potential class members from Defendant's counsel with names, contact information, social security numbers and relevant employment information. The settlement administration discovered one po...

Excerpt: ...Property.”) On March 8, 2022, Plaintiff and Defendant Jose Hernandez, by stipulation, indicated that this matter had been resolved pursuant to a settlement agreement and that the Court retained jurisdiction under Code of Civil Procedure section 664.6 in event of a breach. On November 3, 2022, this Court entered judgment pursuant to an ex parte application of Plaintiff in the amount of $9,9892.18, including $14,593.18 of past due rent, credits f...

Excerpt: ...C), plaintiff Dominga Tabutol's prayer for punitive damages; certain of her supporting allegations; and her FHA and FEHA discrimination claims, as against Draper. The court will only cover, here, the recent procedural history and new factual allegations of the 5AC pertinent to disposition of the instant motion, as the case's prior procedural history and general factual background is extensively covered in the court's prior rulings. Relevant backg...

Excerpt: ...31, 2022, Plaintiff filed a proof of service indicating personal service on named Defendants Nancy Johnson and Kevin Doyle. No proof of service as to moving party Claimant Jason Castiglione or “All Unknown Occupants in Possession” was filed. Default judgment was entered as to the named Defendants on October 31, 2022. The judgment checks the box “Include in the judgment all tenants, subtenants, named claimants, and other occupants of the pre...

Excerpt: ... Defendant Christi Chadwell occurred on September 4, 2022. On September 28, 2022, default judgment was entered as to Defendant Chadwell. Defendant Chadwell now brings this ex parte motion to vacate the Court's default judgment against her. The Court notes it held trial on October 7, 2022 as to the remaining defendant, granted judgment for possession for Plaintiff after trial, cancelled the rental agreement, issued the writ immediately, and awarde...

Excerpt: ...er, on August 7, 2021, Defendants ceased making payments pursuant to the settlement agreement and are currently in default of the agreement. Plaintiff now seeks to enter judgment pursuant to Code of Civil Procedure section 664.6 in the amount of $45,495.30, which credits the payments made to Plaintiff. On June 1, 2020, Plaintiff filed a proposed order, which this Court signed, dismissing without prejudice this case, but retaining jurisdiction pur...

Excerpt: ...th Plaintiff MAGDALENO RAMIREZ CANDIDO's matter, Case No. VCU292210 (the “Candido Matter”) for pretrial discovery and trial. The Galicia Matter ‐ VCU291805 In the Galicia Matter, Plaintiff Galicia seeks recovery for injuries sustained as a result of an automobile accident on September 10, 2021 at the intersection of State Route 201 (CA‐201) and Road 40 in or near Dinuba, Tulare County, California. Plaintiff Galacia alleges Defendant Alvin...

Excerpt: ... Valley (“UHC” or “Defendant.”) The complaint alleges that “Venue is proper in this Court because, upon information and belief, Defendant maintains offices, has agents, employs individuals, and/or transacts business in the State of California, County of Tulare.” (Complaint ¶4.) Further, Plaintiff alleges “Defendant [UHC], at all times herein mentioned, was and is, upon information and belief, a California corporation, and at all ti...

Excerpt: ...ourt for relief from the claims filing requirements and the Court granted the relief sought. As such, the demurrer as to compliance with the claims presentation requirements is overruled. The Court will address the substantive arguments as presented in the remainder of the demurrer. On June 23, 2022, Plaintiff filed a first amended complaint alleging one cause of action for discrimination, a second cause of action for failure to prevent discrimin...

Excerpt: ...motion as moot by the ruling on (1). Facts Plaintiff filed this complaint March 16, 2021. The complaint pled one count of partition as to real property located in Terra Bella, CA and a second count for money owed as to property expenses. Plaintiff sought partition of the property by sale, attorney fees, and costs. Defendants Charles Adams Jr. and Gina Adams answered the complaint and sought affirmative relief as to the first cause of action for p...

Excerpt: ...unt is $215,000.00 Plaintiff estimates approximately 784 covered employees. The covered employees consist of “all of Trinity Packing Company, Inc.'s nonexempt employees who worked for Trinity Packing Company, Inc. in California at any time from April 29, 2020 to February 22, 2022.” Plaintiff brings claims for (1) Meal Period Violations; (2) Rest Period Violations; (3) Failure to Reimburse Necessary Business Expenses (4) Wage Statement Violati...

Excerpt: ...forth in the current third amended complaint, but, to the extent plaintiffs omit contextual allegations or change allegations from prior versions that are inconsistent with earlier allegations, the facts include allegations from prior versions of the complaint. During recent years, the California olive industry has been under substantial threat due to competition from low‐cost Spanish olives. In response, in June 2017, Bell‐Carter and Musco, ...

Excerpt: ...sulting fee of $95,550.00 for a cumulative loan that totals $5,460,000,” which fee would be “pro‐rated to reflect the actual funds raised should UFIG investor base fail to fund the entire required amount of $5,460,000.00.” (Complaint ¶ 7.) Plaintiff further alleges that on or about April 14, 2022, Defendants purchased 1500 N. Cherry Court, Tulare, CA and thus triggered the consulting fee in the amount of $82,211 (Complaint ¶ 8.) Plainti...

Excerpt: ... (“PAGA”) action, Case No. VCU292204, (“PAGA Action”) for all pre‐trial purposes, turns the demurrer by Defendant. Facts Defendant demurs on the basis that a separately filed case, Tim Penny, individually, and on behalf of all others similarly situated, v. Universal Protection Service, LP, Sacramento County Superior Court Case No. 34‐2022‐00314013 (filed January 18, 2022) (the “Penny Case”) seeks the same relief for the same gro...

Excerpt: ...as not filed a response. This matter, involving the building of a 1966 Jeep CJ5, was settled at mediation wherein Defendants agreed to pay Plaintiff a total of $20,500 by September 18, 2022 via two payments: A first payment of $5,000 was to be by cashier check and exchanged “at the time of the subject Jeep and parts purchased by Defendant, and items built by Defendant” (“Jeep Components”) were picked up by the Plaintiff or Plaintiff's aut...

Excerpt: ...wful detainer matter involving residential property located at 1017 W. Goshen Ave ‐ #8B, Visalia, CA 93291, the Court held trial on October 19, 2022, granted judgment for possession for Plaintiff after trial, cancelled the rental agreement, issued the writ immediately, and awarded $2,137.50 to Plaintiff. Defendants did not appear at trial. Defendants, on October 28, 2022, filed this ex parte motion to vacate judgment after trial or to stay exec...

Excerpt: ...plaint ¶ 6.) On September 28, 2022, Plaintiff caused a notice to quit (“Notice”) based on non‐compliance in the lease agreement as follows:  “Section 2 : Only one Tenant on Agreement. Tenant plus two now living on property.”  “Section 1: Landlord drops by rental and finds a dog occupying the home”  “Section 4: Tenant subleting (sic) to others”  Section 5. Failure to pay rent and excessive water useage (sic) from her...

Excerpt: ... personal service on Defendants Auerlio Bernal and Maria Bernal occurred on October 8, 2022 and that substitute service was made on Angel Bernal on October 10, 2022. On October 17, 2022, default judgment was entered as to Defendants Auerlio Bernal and Maria Bernal only. On October 24, 2022, Defendants Auerlio Bernal and Maria Bernal file this ex parte motion to vacate the default judgment. However, Defendants provide no factual basis or legal arg...

Excerpt: ...2022. The case is now set for trial January 12, 2023, five years and eight months after filing of the complaint. Defendants, having obtained relief from default and filed an answer, now move to dismiss the matter for the failure to bring the matter to trial within the five‐year limits established in Code of Civil Procedure sections 583.310 and 583.360. Plaintiff filed an opposition and supplemental opposition to this motion on October 17, 2022,...

Excerpt: ...ass action and PAGA settlement, attorneys' fees, costs, enhancement award, LWDA payment and class certification for settlement purposes came on for hearing on October 24, 2022. The court finds and rules as follows: On July 5, 2022, the settlement administrator, Rust Consulting Inc., received a mailing list of 2,447 potential class members from Defendant's counsel with names, contact information, social security numbers and relevant employment inf...

Excerpt: ... deemed moot via the Court's ruling on demurrer. The Court notes the August 15, 2022 Notice of Hearing indicates both the demurrer and motion to strike were reset to this date. (1) Facts Plaintiff Kim Martinez, individually and as successor in interest to the Estate of Bonnie Van Tassel, for elder abuse, willful misconduct and wrongful death arising out of her death from COVID‐19 on or about April 14, 2020. Decedent Tassel resided at Defendants...

Excerpt: ...emental declaration from counsel for Defendant/Cross‐Complainant IDC. It is within the court's discretion to require compliance with Rule 3.1324 before granting leave to amend. (Hataishi v. First American Home Buyers Protection Corp. (2014) 223 Cal.App.4th 1454, 1469.) The Court previously found there was a close relation of the proposed amendments to the activities and transactions stated in the initial Cross‐Complaint, no prejudice to Cross...

Excerpt: ...against their parents, Billy J. and Lois Newsome, both of whom are now deceased. Robert additionally challenges a set of 2017 estate planning documents, including a trust purportedly established by Billy J.; and a deed transferring Billy J. and Lois's residence to the trust, executed by Billy J. individually, and on behalf of Lois as agent under a previously established power of attorney. Robert alleges his parents lacked capacity to execute the ...

Excerpt: ...two employees, Rodriguez and Hire, (collectively the “County”) for two causes of action: 1) Violations of the Confidentiality of Medical Information Act as codified within California Civil Code § 56.20(b) and 2) Violations of the Confidentiality of Medical Information Act as codified within California Civil Code § 56.20(c). Plaintiffs were employed by the County as special education teachers. (Complaint ¶¶4, 29.) The County, in accordance...

Excerpt: ...nsurance Company, State Farm agent Jim Parsley, Sr., and Bank of America. Background As relevant here, Robert alleges as follows: In 2005, Robert's parents, Billy J. and Lois Newsome, drafted separate wills providing for equal distribution of their assets to their three children, which include Robert; Janet; and Billy D. Newsome (who is not the subject of any allegations of wrongdoing). Janet had an attorney draft a trust and new will for Billy J...

Excerpt: ...demurrer as to the third cause of action for breach of contract. Facts On June 21, 2022, Defendant, Cross‐Defendant and Cross‐ Complainant Pacific Properties Sales & Management Inc. (“Pacific”) filed a verified cross‐complaint for unjust enrichment, negligent misrepresentation and breach of contract. The underlying dispute involves the validity of a lease of a private air landing strip and whether the lease is invalid because it does no...

Excerpt: ...t during the length of the proposed stay, capped at 40 days. Facts This is an unlawful detainer matter involving 11926 Ave 272 Visalia CA 93277 (“Subject Property”) based upon a thirty‐day notice. On September 8, 2022 the complaint was filed. On September 9, 2022, Plaintiff filed a proof of service indicating personal service on Defendant James occurred on September 8, 2022. On September 19, 2022, default judgment, for possession only, was ...

Excerpt: ...ff seeks judicial notice of these admissions and various recorded grant deeds. Defendants Julian Mendez and Hilda Mendez acquired property located at 667 Walnut Street, Pixley, CA (“Subject Property”). (Exhibit C – Requests for Admissions (“RFA”) Nos. 2‐4.) Defendants Julian Mendez and Hilda Mendez transferred the Subject Property into their family trust in April 2008. (Exhibit C – RFA Nos. 5, 6, 7; Exhibit E.) On or about January 2...

Excerpt: ...days of this hearing; (2) To continue this motion to October 17, 2022 to permit a supplemental declaration to be filed addressing California Rule of Court 3.1324(b). Facts Common to (1) and (2) This personal injury case involves Plaintiff, working as a cement foreman for Simmons Construction, Inc. (“Simmons”), on a job to create a large pit at Defendant Setton Pistachio of Terra Bella (“Setton.”) Defendant Industrial Design & Construction...

Excerpt: ...ngs; (2) To continue the demurrer to October 17, 2022, to be ruled upon after the consolidation; the Court intends to grant the demurrer as indicated below, after consolidation. (1) Motion to Consolidate Facts Defendant Universal Protection Service, LP (“Defendant”) requests this Court consolidate Plaintiff Charles Williams Olivares' (“Plaintiff”) class action, Case No. VCU291111, and his Private Attorney General Act (PAGA) action, Case N...

Excerpt: ...(e). Facts Plaintiff alleges causes of action for discrimination, failure to prevent discrimination, and retaliation against Pixley Union Elementary School District (the “District”), a public entity. Plaintiff was terminated June 9, 2021 and it appears undisputed this is the date of the injury or incident. (Plaintiff's Exhibit A – Government Tort Claim.) Plaintiff seeks monetary damages. Relevant to this petition, Plaintiff submitted his to...

Excerpt: ...of class members to participate in distributions. Only those wishing to object or opt out must file notice with the settlement administrator. Objections or opt out notices are to be made within 60 days. The Court regularly approves notice periods of 60 days or longer. The class notice period is approved. With respect to the content of the Notice, the Court previously found the Class Notice to be reasonable. 2. Enhancement Awards to Class Represen...

Excerpt: ... of this hearing. Facts This personal injury case involves Plaintiff, working as a cement foreman for Simmons Construction, Inc. (“Simmons”), on a job to create a large pit at Setton Pistachio of Terra Bella (“Setton.”) Defendant Industrial Design & Construction (“IDC”) was the general contractor who contracted out Simmons. Defendant Paul Hankins assisted with excavation of the pit. Plaintiff brings a cause of action for negligence ag...

Excerpt: ...ia Seals. Claimant Anthony Pete Mayberry, Sr. was in the passenger seat of the vehicle. Law enforcement also recovered, during the search, a loaded firearm in Claimant's pocket and 18 grams of methamphetamine. Plaintiff People of the State of California initiated nonjudicial forfeiture proceedings as to the $3,104. Claimant filed a claim for the money. Plaintiff then filed this petition for forfeiture. In connection with the petition, Plaintiff s...

Excerpt: ... the lodestar information to calculate the attorneys' fees incurred, the current costs incurred and declarations indicating a lack of conflict between the cy pres recipient and the parties and their respective counsel. Counsel for Plaintiff and Defendant have submitted supplemental declarations addressing these issues. Based upon these declarations, the Court preliminarily approves the settlement, pending the explanation and detailing of the cost...

Excerpt: ...for willful misclassification against Defendants CVT, LLC and Lisa Colburn. Plaintiffs allege these violations occurred while they were employed by CVT and Colburn as tow truck drivers. CVT then filed a cross‐complaint against Michael Paim for equitable indemnity under the theory that Paim is the responsible party for the alleged labor code violations. Paim then filed a cross‐complaint, the subject of this demurrer, against CVT for statutory ...

Excerpt: ...eged failure to submit a Paycheck Protection Program (“PPP”) application. (First Amended Complaint (“FAC”) ¶ 22) Plaintiff alleges that, with Defendant's assistance, he applied for and received a PPP loan in 2020. (FAC ¶12.) When Plaintiff again became eligible to apply for a second PPP loan in 2021, Plaintiff contacted Defendant and Plaintiff submitted a second PPP application to Defendant on or about February 24, 2021. (FAC ¶¶ 13, 1...

Excerpt: ...d Material Fact (“UMF”) No. 1.) Plaintiff alleges defendant Dr. Kranias, perforated her small bowel during her August 10, 2020, caesarian section delivery and/or failed to notice the perforation immediately to have it repaired. (UMF No. 2) Plaintiff also alleges that Dr. Kranias discharged her from the hospital on August 13, 2020, despite her being in severe pain, having abnormal labs, and having only very small bowel movements. (UMF No. 2.) ...

Excerpt: ... Plaintiff alleges that shortly after beginning work in July 2021, she was subjected to derogatory remarks about her sexuality by Plaintiff's team lead. (Complaint ¶8.) Plaintiff reported these remarks to her supervisor at FGS and other personnel at PSI, but Plaintiff states “nothing was done.” (Complaint ¶ 8.) Similar remarks directed at Plaintiff, as well as other acts (such as driving a forklift in a manner to cause Plaintiff to fear for...

Excerpt: ...0 days of the notice of this ruling. Dominga Tabutol sues defendants Pacific Property and Casualty Company (Pacific) and American National Insurance Company (American) alleging defendants' rescission of her rental owner's policy, and refusal to pay a claim, was discriminatory and in bad faith. Tabutol alleges causes of action for violations of the federal Fair Housing Act (FHA) and California's Fair Employment and Housing Act (FEHA) and a cause o...

Excerpt: ...ful I), contending that determination of Wonderful's appeal will resolve, at least in part, the issue of Wonderful's standing in this case. Touchstone argues that it “should have the opportunity to assert the adjudication in Wonderful I—unless reversed—as grounds for issue preclusion” in this case, and that “[f]indings of fact in Wonderful I are relevant (in fact, dispositive) as to whether [Wonderful] lack[s] standing” in this case.�...

Excerpt: ...cle to conform to the applicable express warranties after a reasonable number of opportunities” (Complaint ¶ 21.) Plaintiff brings causes of action against the manufacturer, Defendant Ford Motor Company for: (1) failure to promptly replace the Vehicle or make restitution to Plaintiff as required by Civil Code section 1793.2, subdivision (d); (2) failure to commence the service or repairs within a reasonable time and failed to service or repair...

Excerpt: ...t in fee simple, 524 square feet as a temporary construction easement and 672 square feet as a public utility easement of property owned by Defendants Ron A. Vander Weerd and Rosalinda K. Vander Weerd, Trustees for the Ron Alan and Rosalinda Kay Vander Weerd Trust, Dated June 22, 2000. These partial acquisitions are contained in property identified by Tulare County Assessor's Parcel Numbers 88221‐1, 88221‐2, 88221‐ 5, and 88221‐6. The par...

Excerpt: ...d, and Bell‐Carter and defendants associated with Bell‐Carter, on the other, separately demurred. This court sustained the demurrers, disposing of the entire FAC. Plaintiffs thereafter filed their second amended complaint (SAC). Dcoop, Olives Way and Baltequera, together, demurred to the causes of action in the SAC alleged against them, which this court sustained with leave to amend on August 22, 2022. At issue here is the demurrer of Bell �...

Excerpt: ...r; to deny the motion to quash. Facts This is an unlawful detainer matter involving 3759 E. Cypress Visalia, Calif. 93292 (“Subject Property.”) On July 7, 2022 the complaint was filed. On July 17, 2022, Plaintiff filed a proof of service indicating personal service on Defendant Bates occurred on July 7, 2022. On July 18, 2022, default judgment was entered and the writ of possession was issued. On August 18, 2022, Defendant file this ex parte ...

Excerpt: ... 809 S. Encina Street #A, Visalia, CA. 93277 (“Subject Property.”) On June 27, 2022 the complaint was filed. On July 18, 2022, Plaintiff filed a proof of service indicating personal service on Defendant Guzman occurred on July 2, 2022. On August 1, 2022, default judgment was entered and the writ of possession was issued. On August 22, 2022, Defendant file this ex parte motion to vacate the default judgment and/or stay this matter. Defendant s...

Excerpt: ...ime the moving papers and declarations that are already on file with the court. Accordingly, the motion to approve the settlement pursuant is preliminarily denied without prejudice. The hearing on this matter is continued to September 19, 2022 at 8:30 a.m.in Department 2 of this court. 1. Sufficiency of Amount of Settlement (Net Estimated: $81,525.00) The gross settlement amount is $187,500. Plaintiffs estimate approximately 59 proposed Class Mem...

Excerpt: ...ten (10) days to file an amended cross‐complaint. This matter involves the former operation of an electrician business by two brothers over which there are now a number of disputes as to expenditures, accounting, employees, and clients. On June 2, 2022, Defendant and Cross‐Complainant Jesus Zamora and Luz Zamora (“Jesus”) filed a first amended cross‐complaint for breach of fiduciary duties and fraud against Plaintiff and Cross‐Defenda...

Excerpt: ...he continued viability of the domestic olive market, only to surreptitiously enter arrangements with foreign suppliers, headed by Dcoop, a large Spanish farming cooperative, to obtain low‐cost olives from overseas. Plaintiffs allege Bell‐Carter, having secured a source for the majority of its requirements in low‐cost olives from Dcoop (plaintiffs contend the supply agreements between the defendants required Bell‐Carter to obtain a majorit...

Excerpt: ...amages awarded at trial. Facts This is an unlawful detainer matter involving 1828 East Vassar, Visalia, CA 93292. (“Subject Property.”) On June 22, 2022 the complaint was filed. On June 27, 2022, Plaintiff filed a proof of service indicating substitute service on Defendant Bravo occurred on June 24, 2022. On June 20, 2022, default judgment was entered in favor of Plaintiff. Also on June 20, 2022 the writ of possession was issued. The Court no...

Excerpt: ...eet Visalia, Calif 93277 (“Subject Property.”) On June 28, 2022, the complaint was filed. On July 19, 2022, Plaintiff filed a proof of service indicating personal service on Defendants occurred on June 30, 2022. On July 19, 2022, default judgment was entered and the writ of possession was issued. On August 15, 2022 Defendant Dustin Lewis filed this ex parte motion to vacate the default judgment and/or stay this matter. Defendant states, howev...

Excerpt: ...reach of contract, express indemnity, equitable indemnity and declaratory relief against Defendants Atkins North America, a Florida corporation, (“Atkins”) and Faithful+Gould, Inc., a Minnesota corporation (“FG.”) The complaint alleges that Plaintiffs Quad and City entered into a written agreement for general engineering services as the City's contract City Engineer. In 2009, Quad and FG first entered into a written subconsultant agreemen...

Excerpt: ...ion of a 1997 Fleetwood manufactured home (“Collateral”) from Defendant Bowen. On or about August 20, 2021, the Court entered default judgment in favor of Plaintiff for possession of the Collateral. The Collateral is located at 33812 Success Valley Dr, Porterville, CA 93257. After obtaining a Writ of Possession for the Collateral in March 2022 and having the Tulare County Sheriff's Department levy upon the Collateral, the Sheriff's Department...

Excerpt: ...ready on file with the court. Accordingly, the motion to approve the settlement pursuant is preliminarily denied without prejudice. The hearing on this matter is continued to September 12, 2022 at 8:30 a.m.in Department 2 of this court. 1. Sufficiency of Amount of Settlement (Net Estimated: $388,200.00) The gross settlement amount is $650,000. Plaintiff estimates approximately 369 proposed Class Members, providing an estimated average payout of $...

Excerpt: ...ions This is a wage and hour case brought by four Plaintiffs against Defendants. On or about June 3, 2022, Defendants filed and served via electronic service a First Amended Answer containing a general denial and twenty‐four “affirmative defenses.” On or about June 15, Plaintiffs filed this demurrer and motion to strike the operative answer. Plaintiffs argue that sixteen of the affirmative defenses are subject to demurrer because they asser...

Excerpt: ...lder abuse committed against their parents, Billy J. and Lois Newsome, both of whom are now deceased. Robert additionally challenges a set of 2017 estate planning documents, including a trust purportedly established by Billy J.; a power of attorney appointing Billy J. as agent for Lois; and a deed transferring Billy J. and Lois's residence to the trust, executed by Billy J. individually, and on behalf of Lois as agent. Robert alleges his parents ...

Excerpt: ...nd costs, information in further support of Plaintiff's proposed enhancement award and proof of submission of the settlement to the LWDA. The parties need not file for a second time the moving papers and declarations that are already on file with the court. Accordingly, the motion to approve the settlement pursuant is preliminarily denied without prejudice. The hearing on this matter is continued to September 12, 2022 at 8:30 a.m.in Department 2 ...

Excerpt: ...ed at trial. Facts This is an unlawful detainer matter involving 619 S. Court #B Visalia, CA 93291. (“Subject Property.”) On May 26, 2022 the complaint was filed. On June 7, 2022, Plaintiff filed a proof of service indicating personal service on Defendant Jones occurred on May 28, 2022. On June 15, 2022, default judgment was entered in favor of Plaintiff. Also on June 15, 2022 the writ of possession was issued. The Court notes this is a failu...

Excerpt: ...larta. (UMF No. 2.) The area where Plaintiff fell in front of the flower case was inspected by Mariela Almanza at approximately 6:01 p.m. on June 14, 2019, and there was nothing on the ground. (UMF Nos. 3, 4.) Plaintiff believes she fell because of water on the ground, but does not know how the water got on the floor or when the water was spilled on the floor. (UMF Nos. 5, 6, 7.) Plaintiff disputes that she did not believe Defendant or its employ...

Excerpt: ...wever, did not preliminarily approve the settlement due to an insufficient class notice period, issues with the additional enhancements to non‐named Plaintiffs, a lack of information as to attorneys' fees and costs presently incurred, information regarding a lack of conflicts of interest as to the unclaimed proceeds recipient, lack of notice to the LWDA and issues as to certification for purposes of settlement. Plaintiffs have submitted a suppl...

Excerpt: ... complaint to June 6, 2022 so that Plaintiff's counsel could file the motion and a declaration consistent with California Rule of Court 3.1324. On June 6, 2022, the Court noted that no supplemental declaration had been. On June 17, 2022, the Court held a case management conference and continued the motion to July 18, 2022. Counsel has now filed a supplemental motion and declaration as of June 27, 2022. Authority and Analysis Rule 3.1324 regulates...

Excerpt: ... notice to pay rent or quit forms the basis for this action indicating past due rent of $874.00 due May 1, 2022. On May 24, 2022, the complaint was filed. On May 28, 2022, Plaintiff filed a proof of service indicating substitute service on Defendants occurred on May 28, 2022, with mailing thereafter on the same date. On June 28, 2022, default judgment was entered and the writ of possession was issued. Judgment was entered for possession only. On ...

Excerpt: ...d at deposition, Plaintiff claimed to have suffered loss of consciousness, traumatic brain injury, memory defects and impairment, cognitive impairment, dizziness, head pain, “occipital neuralgia left sided,” headaches, and insomnia, amongst other injuries, resulting from the incident. The parties had previously scheduled a defense medical examination related to Plaintiff's claimed physical injuries for June 29, 2022 (which is not at issue her...

Excerpt: ... 95‐year‐old woman with a medical history of dementia, memory loss, high blood pressure, prior stroke, congestive heart failure, hyperlipidemia, multiple falls, hip fracture, and subdural hemorrhage. Plaintiff is currently a resident of a skilled nursing facility and, as of April 1, 2022, needs assistance with all activities of daily living. She is currently wheelchair bound and unable to ambulate. She brings this lawsuit for elder abuse and ...