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: ...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...