Excerpt: ...inst Defendant Complete Solar, Inc. and Does 1 through 30 for breach of implied warranty of merchantability, Song Beverly, breach of warranty, violation of the Consumer Legal Remedies Act and unfair competition. Relevant to this motion, Plaintiff, on March 7, 2022, filed an ex parte application to substitute “JAK Solar” for Doe Defendant 1. The application was granted by this Court. Plaintiff then, on April 8, 2022, filed a proof of service a...

Excerpt: ...l Draper demurrer to Dominga Tabutol's third amended complaint. This court previously sustained demurrers to the initial and first amended complaint. Tabutol filed a second amended complaint, to which American and Pacific demurred, but prior to hearing on the demurrer, Tabutol moved and was granted leave to file her third amended complaint. The third amended complaint includes first and second causes of action against American, Pacific, and Drape...

Excerpt: ... or documentary evidence, including, but not limited to, the written statement of complaint submitted by CEO Donna Hefner to Sierra View on or about July 22, 2021; 4) The censure may be based upon the March 11, 2022 statement of charges, which includes violations of policies that were not in place when Petitioner's conduct took place, but which Petitioner expressly agreed would be a part of his reconsideration hearing. Facts Petitioner Gaurang Pa...

Excerpt: ...ion and PAGA settlement, attorneys' fees, costs, enhancement award, LWDA payment and class certification for settlement purposes came on for hearing on June 17, 2022. The court finds and rules as follows: On March 18, 2022, the settlement administrator, Phoenix Settlement Administrators received a mailing list of 366 potential class members from Defendant's counsel with names, contact information, social security numbers and relevant employment i...

Excerpt: ...nt was filed. On June 9, 2022, Plaintiff filed a proof of service of the complaint and summons indicating personal service on Defendant Ramirez. On June 17, 2022, default judgment was entered, and the writ of possession was issued. On June 22, 2022, Defendant Ramirez filed this motion to vacate default judgment under Code of Civil Procedure section 473 and stay execution of judgment under section 918. In support, Defendant states “I don't have ...

Excerpt: ...��Subject Property.”) A three day notice to pay rent or quit was served May 4, 2022. On May 16, 2022, the complaint was filed. On June 1, 2022, Plaintiff filed a proof of service of the complaint and summons, indicating personal service on Defendant Campos on May 21, 2022. On June 9, 2022, default judgment was entered and the writ of possession was issued. On June 13, 2022, Defendant attempted to file an answer, which was rejected and filed thi...

Excerpt: ...to sanctions for the OSC hearing. Facts Petitioner Henry Oney, by and through his guardian ad litem Renae Oney (“Petitioner”) was a patient of Respondent Kaweah Delta Health Care District (“Respondent”) at various locations owned and operated by Respondent. Petitioner contends that the hospital and two skilled nursing facilities which treated him are defined in Health and Safety Code section 1250 as “a health facility having duly consti...

Excerpt: ...to Pay Overtime Compensation [Cal. Lab. Code §§ 1194 and 1198]; 3. Failure to Provide Meal Periods [Cal. Lab. Code §§ 226.7, 512]; 4. Failure to Authorize and Permit Rest Breaks [Cal. Lab. Code §§ 226.7]; 5. Failure to Timely Pay Final Wages at Termination [Cal. Lab. Code §§ 201‐203]; 6. Failure to Provide Accurate Itemized Wage Statements [Cal. Lab. Code § 226]; 7. Unfair Business Practices [Cal. Bus. & Prof. Code §§ 17200, et seq.]...

Excerpt: ...ained after she was injured on an escalator owned, controlled, and/or maintained by Defendants Macy's West Stores Inc. and Schindler Elevator Corporation. Ms. Moreno was a patron at Defendant Macy's store on October 18, 2018 when she attempted to use an escalator within the store. The subject escalator jolted Plaintiff due to a malfunction and Plaintiff fell backwards and hit her head, suffering a mild traumatic brain injury. Plaintiff also susta...

Excerpt: ...sed. 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 lacked capacity to execute the documents at the time they were signed, and relatedly, that they w...

Excerpt: ... motion is denied. Wonderful moves this court for an order directing the County of Tulare to certify the administrative record in this case. According to Wonderful, it prepared a complete administrative record after the County confirmed it had provided all documents needed for the record and that the draft record was complete, but the County refuses to certify it. County has not filed any opposition. Touchstone has not filed opposition on the mer...

Excerpt: ... 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 and is continued to July 18, 2022 at 8:30 a.m.in Department 2 of this court. 1. Sufficiency of Amount of Settlement (Net Estimated: $115,166.67) The gross settlement amount is $250,000 Plaintiff estimates approximately 79 proposed Class Members with an average paymen...

Excerpt: ...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 July 18, 2022 at 8:30 a.m.in Department 2 of this court which is same the date, time and department of the case management conference. 1. Sufficiency of Amount of Settlement (Net Estimated: $128,500) The gross settlement amount is $200,000. Plaintiffs...

Excerpt: ...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 between themselves for general engineering services making Quad the City's contract City Engineer. In 2009, Quad and FG first entered into a written subconsultant agreement related ...

Excerpt: ... owned by Plaintiffs' predecessors in interest. Specifically the easement here involved a dirt road exiting off North Fork Drive in Three Rivers (the “Original Road” as labeled by Defendants) that provided access to various properties that were created by the division of the contiguous parcel. As alleged by Plaintiffs, this Original Road provided access to homes, barns and appurtenant buildings and facilities. Plaintiffs allege it was approxi...

Excerpt: ...on against Defendants Rosario and Cynthia Soto. Defendants were never personally served. Plaintiff, on his third attempt, obtain an order for service via publication, allegedly effectuated service through publication and obtained entry of default in July 2019. However, default judgment was not entered until February 24, 2022. Defendants indicate that, in 2017, they moved from Tulare County to San Louis Obispo County seven months after the lawsuit...

Excerpt: ...th cause of action. The proposed first amended cross‐complaint attached as Exhibit A shall be deemed filed. (2) To grant the motion as to causes of action one through five of the amended cross‐complaint. (1) Facts Sierra moves this Court to amend its cross‐complaint, to add a claim for express indemnity. Specifically, Sierra's theory on express indemnity is pursuant to “an express General Commercial Liability and Auto Liability Insurance ...

Excerpt: ...as filed. On April 22, 2022, Plaintiff filed a proof of service of the complaint and summons indicating personal service on Defendant Wilkinson. On April 22, 2022, the clerk entered default against Defendant Wilkinson. On April 26, 2022, default judgment was entered and the writ of possession was issued. On May 11, 2022, Defendant Wilkinson filed a motion to vacate default judgment and stay execution of judgment under Code of Civil Procedure sect...

Excerpt: ...cember 10, 2020 against Defendants Jon Mackenzie, Anthony Longabordo and Pacific Properties, amongst others. The complaint involves the validity of a lease of a private air landing strip. The complaint contains a cause of action for declaratory relief. The issue is whether the lease is invalid because it does not contain Defendant Mackenzie's signature. On February 16, 2022, Cross‐Complainant/Defendant Mackenzie then filed a cross‐complaint a...

Excerpt: ...ered into a settlement agreement. On June 12, 2017, the Court signed the order dismissing the case without prejudice and expressly retaining jurisdiction over this matter pursuant to Code of Civil Procedure section 664.6. Defendants made payments toward the balance due totaling $3,977.91, with the last payment made on January 31, 2019. Plaintiff requests the pre‐judgment amount of $17,200.00 plus court costs of $640.00 minus credits of $3,977.9...

Excerpt: ...he petition, Touchstone filed its initial cross complaint seeking a judicial declaration that Wonderful lacks standing because another department of this court determined Wonderful lacked standing to challenge other, prior land use approvals relating to the same pistachio processing facility in a recent prior action: Tulare County Superior Court Case No. VCU283508 (Wonderful I). The land use approvals at issue in Wonderful I were two building per...

Excerpt: ...mpliance Hearing is set for September 19, 2022, 8:30 am in Dept. 2. Plaintiff's motion for final approval of class action and PAGA settlement, attorneys' fees, costs, enhancement award, LWDA payment and class certification for settlement purposes came on for hearing on May 23, 2022. The court finds and rules as follows: On February 9, 2022, the settlement administrator, Phoenix Settlement Administrators, received a mailing list of 1,078 potential...

Excerpt: ...e correspondence attached indicates that the issues were sufficiently discussed between the parties, some in more detail than others. In any event, “(4) A determination by the court that the meet and confer process was insufficient shall not be grounds to overrule or sustain a demurrer.” (Code Civ. Proc § 430.1(a)(4).) Facts This matter arises from disputes relating to the sale of Plaintiff Paim's towing business, Indy Towing and Transport (...

Excerpt: ...date range for the abuse or placement, does not identify the foster family, does not identify any therapist or state how long the abuse lasted. Defendant demurrers on the basis that the complaint is ambiguous for failure to provide such identification. Defendant further states that Plaintiff has failed to plead particularity. Plaintiff opposes the demurrer on the basis that she has pled all elements for negligence against the County and need not ...

Excerpt: ... filed. On April 22, 2022, Plaintiff filed a proof of service of the complaint and summons indicating personal service on Defendant Wilkinson. On April 22, 2022, the clerk entered default against Defendant Wilkinson. On April 26, 2022, default judgment was entered and the writ of possession was issued. On May 11, 2022, Defendant Wilkinson filed this motion to vacate default judgment and stay execution of judgment under Code of Civil Procedure sec...

Excerpt: ...mplaint. Authority and Analysis In re Veterans' Industries, Inc. (1970) 8 Cal.App.3d 902, 924‐925 notes the following regarding amicus briefs at the trial court level: “It is sometimes observed that even though one's interest in the subject matter or the outcome of an action is insufficient to permit an intervention, such a person's rights had been adequately protected by his having been permitted to appear as an amicus curiae setting forth h...

Excerpt: ...ntiff shall have 10 days to amend; To overrule the demurrer as to the fourth cause of action. (2) As to punitive damages and attorneys' fees, the motion to strike is moot based on the ruling on demurrer; The Court denies the motion as to other allegations made by Plaintiff sought to be struck on the basis of the PREP Act. Facts Common to (1) and (2) This case arises from Mary Alice Hooper's (“Decedent”) death while a patient/resident at Linwo...

Excerpt: ...a load of lumber at Defendant and Cross‐Complainant Sierra Forrest Products. After loading the lumber, various tarps were placed on top of the truck. Plaintiff was then “instructed to drive his truck outside of the loading area to the front of the building before the straps and tarps were fully secured” and while Plaintiff “was adjusting one of the straps in preparation for securing the load, one of the heavy tarps fell off of the load an...

Excerpt: ...n its appeal, JT2 challenged a Civil Wage and Penalty Assessment (CWPA) issued by the California Division of Labor Standards Enforcement (DLSE) based on JT2's alleged failure to pay its workers prevailing wage rates for work on a public works project. The hearing officer determined DLSE's assessment was incorrect in various respects, and the Director issued a decision modifying the assessment. JT2 challenges a limited part of the Director's decis...

Excerpt: ...he rental market. On February 8, 2022, Plaintiff caused a “SIXTY DAY NOTICE TO QUIT (C.C., Sec. 1946.1)” to be served on Defendants, including Defendant Bothke (the “Notice.”) The Court notes the Notice is on a form indicating it was published in 2003. The Notice expressly states it is given pursuant to Civil Code section 1946.1. On April 20, 2022, Plaintiff filed this unlawful detainer complaint. Defendant Bothke now demurrers to the com...

Excerpt: ...e of $3,104 in cash found in a black zippered back on the driver seat of a vehicle of a known drug dealer Alishia 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...

Excerpt: ...d Defendant with a “Three Day Notice to Pay Rent or Quit” (the “Notice”) for rent due October 1, 2021 through March 31, 2022. The Notice demands a total of 5,200.00 in past due rent. The Notice states: “$1,300 for Jan, Feb, March 2022 [¶] Possibly fo [sic] April 2022 1,300 [¶] so total of $5,200.” (Complaint – Exhibit 2.) On April 4, 2022, Plaintiff filed the complaint. On April 7, 2022, Defendant Genaro Tablas was served with the...

Excerpt: ... negligence, negligent infliction of emotional distress and willful misconduct regarding the manner, method and person with whom Plaintiff's children were placed. The Court previously sustained a demurrer to the complaint for failure to plead compliance with the Government Tort Claims Act. Plaintiff, in the First Amended Complaint, now pleads, as to the compliance issue that: “On December 01, 2020 Daniella Trevino submitted a claim for one mill...

Excerpt: ...6, 2022. (Therefore, both summary judgment motions will be heard on May 16, 2022.) Facts In its Second Amended Complaint, Plaintiff alleges defendants Koetsier, Rodriguez and Villegas failed to provide necessary insurance coverage. The Second Amended Complaint also added Doe Defendants Hooper, Spuhelr & Sturgeon Insurance Services, Hooper and Muller. The period for regular discovery closed on October 28, 2021 with expert disclosures and discovery...

Excerpt: ...�Corporation”), by Petitioner Jesus Zamora, as follows: “stock certificate book, a stock register, a journal showing its business transactions, ledgers into which the transactions are posted, and a record of the meetings of the board of directors, minutes from shareholder meetings, minutes from Board of Director Meetings, ledgers and/or journals reflecting ownership of shares, notices of meetings, actions taken by written consent of the Corpo...

Excerpt: ...dant, that Defendant used to make transactions, received periodic billing statements, that Defendant defaulted on the account after making a payment on February 3, 2020 and that the balance charge off amount was $12,527.33. (Complaint ¶6, 7, 8, 16, 18, 20, 22, 23, 24, 26.) Defendant's Answer admits all allegations. Plaintiff states that counsel attempted to contact Defendant regarding this Motion in accordance with Code of Civil Procedure sectio...

Excerpt: ...on, harassment/hostile work environment, failure to prevent discrimination, retaliation and for declaratory relief arising out of her former employment with Defendant Proteus. Plaintiff alleges she was hired around 2015 as a program development associate. (FAC ¶9.) Plaintiff alleges she was granted protected Family Medical Leave Act leave of absence from approximately 12/2020 through 2/2021. (FAC ¶10.) While on leave, Plaintiff alleges that “...

Excerpt: ...or sale by defendant Lawrence Tractor Company (Lawrence). Plaintiff additionally asserts claims against Lawrence based on its alleged failure to properly service the tractor. Lawrence moves for summary judgment, contending plaintiff has failed to identify any defect found in the tractor, and that plaintiff has not and cannot establish the tractor was the cause of the accident or any negligence on the part of Lawrence. Pursuant to subdivision (c) ...

Excerpt: ... the property at a trustee sale on December 28, 2021. Plaintiffs commenced this action on January 3, 2022, by way of a complaint alleging claims of fraudulent concealment, intentional misrepresentation, violation of the Homeowner's Bill of Rights and Business and Professions Code sections 17200 et seq., and wrongful foreclosure. Plaintiffs additionally seek cancellation of security instruments encumbering the property and to quiet title in them a...

Excerpt: ...entered a 12‐month lease for $1,280.00 rent per month. (Complaint ¶ 6.a.(1), (2).) The lease was entered into September 11, 2020. (Complaint ¶ 6.a.) Defendants are alleged to have failed to pay the rent due on October 1 and November 1, 2021. (Complaint – Exhibit 2.) A three‐day notice to pay rent or quit was served November 24, 2021. (Complaint – Exhibits 2, 3.) Plaintiff filed this action on January 19, 2022. The Mandatory Cover Sheet ...

Excerpt: ...na grow. Over 8,000 plants were recovered in addition to 75 lbs. of processed or semi‐processed marijuana. The Generator's seized had no identification or serial numbers and detectives could not find any proof of ownership. On July 29, 2020, Plaintiff filed its Petition for Forfeiture. On October 14, 2020, Claimant Jie Chun Wu (“Claimant”) filed a claim opposing forfeiture as to the Generators. On June 29, 2021, Plaintiff served discovery r...

Excerpt: ... 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 February 28, 2022 at 8:30 a.m.in Department 2 of this court. The status conference and trial setting conference are likewise continued to February 28, 2022 at 8:30 a.m. in Department 2. 1. Sufficiency of Amount...

Excerpt: ...d 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 February 28, 2022 at 8:30 a.m.in Department 2 of this Court. 1. Sufficiency of Amount of Settlement (Net Estimated: $118,083.33) The...

Excerpt: ... faith and fair dealing. Facts In her first amended complaint, Plaintiff pleads causes of action for violation of the Fair Housing Act and California Fair Employment and Housing Act, bad faith breach of contract and financial elder abuse. Plaintiff's claims are based upon an issued insurance policy, which Plaintiff alleges “expressly contemplates insurance coverage for an owner using the insured property as a rental unit for residential purpose...

Excerpt: ...r vehicle collision. Plaintiffs have sued for motor vehicle negligence, general negligence, negligent infliction of emotional distress and loss of consortium and seek recovery for “personal injuries and have incurred and continue to incur hospital and medical expenses for treatment and services for their injuries and general damages.” Defendants, prior to service of the subpoenas at issue, served discovery on each Plaintiff. Plaintiff Beatriz...

Excerpt: ...ttlement (Net Estimated: $382,400.00) The gross settlement amount is $625,000.00 Plaintiff estimates approximately 1032 proposed Class Members with an average payment of approximately $373.80. The Class Members consist of all workers: “All current and former non‐exempt employees of Defendant Cal‐Citrus Labor Service, Inc. in California who were subject to Wage Order 14 and performed work for five days or more for Defendants Cecelia Packing ...

Excerpt: ...ely due to the size, shape, location and/or number of mirrors installed on the forklift. The underlying accident involving Zenith's insured occurred when the forklift operator failed to see a co‐worker on the ground behind him to his left while backing up the forklift and hitting the co‐worker. Zenith has paid the underlying workers compensation benefits. Undisputed Material Facts The following facts are undisputed by both parties. A cause of...

Excerpt: ...inimum of 50 employees and on at least 1,000 wage statements issued to putative class members. Labor Code section 226(a) mandates that the employer provide certain information on each and every wage statement provided to employees. One of the enumerated requirements is that the full legal name and address of the employer be shown. (Labor Code section 226(a)(8).) Plaintiff alleges that only “SVR” without an address appears on the wage statemen...

Excerpt: ...sufficient to support a cause of action for direct liability against the state under Government Code § 815.6 with leave to amend to plead specific facts as to a statute supporting the State's direct liability. To sustain the State's demurrer as to vicarious liability under Government Code § 815.2 without leave to amend. (2) To sustain the County and Public Authority's demurrer as to the late filing of the claim under equitable estoppel and dela...

Excerpt: ...ees of Defendant Sierra View Medical Center. (Complaint at Paragraphs 7, 9.) Plaintiff sued under theories of negligence, respondeat superior, professional negligence/medical malpractice and negligent infliction of emotional distress. Defendant Sierra View Medical Center (“SVMC” or “Defendant”) moves for summary judgment that Plaintiff cannot prove a breach of the standard of care as to medical malpractice/professional negligence cause of...

Excerpt: ...1 makes these motions to compel moot, except on the issue of sanctions. The Court orders that Plaintiff Ibrahim Nasir, individually and dba Aloevera Auto Sale and IM Tire Shop and their attorney of record Sassan McKay, Esq. of Commerce Law Group, shall pay monetary sanctions to Defendant's counsel in the amount of $750.00 within thirty days of this hearing. Facts and Procedural History Pursuant to the Declaration of Defendant's counsel, William H...

Excerpt: ...Law and associated regulations against Defendants The Recycle Depot and Jeffry Prins. Plaintiff initiated this action on June 25, 2021 under Case No. VCU287514 (the “TCSC Case”). On August 5, 2021, Plaintiff filed a proof of service indicating personal service of the cover sheet, complaint and summons on Prins personally. Plaintiff then requested entry of default as to Prins on October 12, 2021. Default was entered as to Prins on October 13, ...

Excerpt: ... Mendez was entered. Thereafter, on November 1, 2021, Plaintiff sought default judgment as against Defendant Mendez. On or about November 3, 2021, the Court declined to enter default judgment. On November 9, 2021, Plaintiff dismissed the second and third cause of action and sought default judgment again. As of the date of this Motion, the Court has not entered default judgment as to Defendant Mendez. Representing himself, Defendant Mendez, utiliz...

Excerpt: ...e Dairy” to cover silage piles with plastic, and, as part of that service, to periodically remove the plastic so the dairy could access the underlying feed. As Lawrence Dairy apparently refers to defendants' dairy and dairy business, for all purposes here, the court assumes there is no dispute that defendants are the parties who hired CT&T. Defendants' move for summary judgment on the basis of the Privette doctrine, established in Privette v. S...

Excerpt: ...ce. Facts Plaintiff Graciela Meza filed a complaint on May 20, 2021. The body of the complaint contains allegations concerning property identified as 595 Sierra Ave, Earlimart, CA (“Subject Property.”) The first cause of action is stated as “verbal contract.” The second cause of action is stated as “breach of contract.” The third cause of action is stated as “unjust enrichment.” Plaintiff's apparent issue is the removal of Plainti...

Excerpt: ...ompel Responses to Requests for Documents. Plaintiff is ordered to provide verified responses without objections to Defendant's Form and Special Interrogatories, Set No. 1 and Requests for Production, Set No. 1, no later than twenty (20) days from notice of this order. The Court further orders Plaintiff to pay $300.00 total in mandatory monetary sanctions to Defendant's counsel within thirty (30) days from notice of the Court's ruling on these di...

Excerpt: ...ompel Responses to Requests for Documents. Plaintiff is ordered to provide verified responses without objections to Defendant's Form and Special Interrogatories, Set No. 1 and Requests for Production, Set No. 1, no later than twenty (20) days from notice of this order. The Court further orders Plaintiff to pay $300.00 total in mandatory monetary sanctions to Defendant's counsel within thirty (30) days from notice of the Court's ruling on these di...

Excerpt: ...e Dairy” to cover silage piles with plastic, and, as part of that service, to periodically remove the plastic so the dairy could access the underlying feed. As Lawrence Dairy apparently refers to defendants' dairy and dairy business, for all purposes here, the court assumes there is no dispute that defendants are the parties who hired CT&T. Defendants' move for summary judgment on the basis of the Privette doctrine, established in Privette v. S...

Excerpt: ...ce. Facts Plaintiff Graciela Meza filed a complaint on May 20, 2021. The body of the complaint contains allegations concerning property identified as 595 Sierra Ave, Earlimart, CA (“Subject Property.”) The first cause of action is stated as “verbal contract.” The second cause of action is stated as “breach of contract.” The third cause of action is stated as “unjust enrichment.” Plaintiff's apparent issue is the removal of Plainti...

Excerpt: ...ondent Pedro Zamora. The Corporation's principal place of business is 752 S. Farmersville Boulevard, Farmersville in Tulare County. This Petition seeks inspection of various corporate records, including: “stock certificate book, a stock register, a journal showing its business transactions, ledgers into which the transactions are posted, and a record of the meetings of the board of directors, minutes from shareholder meetings, minutes from Boar...

Excerpt: ...ry Judgment on the basis that the undisputed facts fail to constitute a cause of action against the County. Although the County alternatively seeks summary adjudication, the County has failed to follow California Rule of Court 3.1350(b) requiring that, for summary adjudication, “the specific cause of action, affirmative defense, claims for damages, or issues of duty must be stated specifically in the notice of motion and be repeated, verbatim, ...

Excerpt: ... the Doe Defendants was entered the same day. On October 15, 2021, Plaintiff filed this motion to be relieved of the dismissal of Doe Defendants by prior counsel of Plaintiff. Plaintiff notes as the Doe Defendants are “vital to the two causes of action of quit title and adverse possession as there would be other potential Defendants who are owners of record of the parcel in dispute.” Analysis California Code of Civil Procedure section 473(b) ...

Excerpt: ...aring date. Facts Plaintiffs allege that, in May 2010, they observed a flyer indicating that Parcel No. 328‐100‐ 011 (the “Property”) was for sale, by owner. The flyer indicated the Property included approximately 15 acres improved with a barn, single wide mobile home, small shed, water well, water tank and gravel driveway. Plaintiffs contacted the owners of the Property, Defendants. Defendants confirmed that the Property was as described...

Excerpt: ...19 against named defendants Koetsier, Rodriguez and Villegas, and “Does 1‐20,” alleging the defendants failed to provide necessary insurance coverage for plaintiff's business. The action arose after plaintiff learned of a potential discrimination claim by an employee and was told it did not have coverage for the claim. Code of Civil Procedure section 474 permits a plaintiff who is ignorant of the name of a defendant to designate the defenda...

Excerpt: ...gligent infliction of emotional distress and willful misconduct regarding the manner, method and person with whom Plaintiff's children were placed. The Court notes that no opposition has been filed to the demurrer. Standard of Review on Demurrer The purpose of a demurrer is to test whether a complaint “states facts sufficient to constitute a cause of action upon which relief may be based.” (Young v. Gannon (2002) 97 Cal.App.4th 209, 220. To s...

Excerpt: ...t inducement. FCA claims plaintiff is contractually obligated to arbitrate his causes of action pursuant to the terms of an arbitration agreement between plaintiff and the selling dealer, Porterville Chrysler Jeep Dodge (Porterville). The arbitration agreement states, in part: “Any claim or dispute, whether in contract, tort, statute or otherwise (including the interpretation and scope of this Arbitration Provision, and the arbitrability of the...

Excerpt: ...17, 2021. In its ruling on September 13, 2021, this Court noted “The court is circumspect, however, in awarding fees for Mr. Grace's legal services provided to his wife and what, this court assumes, are entities owned and/or controlled entirely by Mr. and Mrs. Grace. The court believes there is reason to doubt the arms length nature of this arrangement, particularly as Mr. Grace's valuation of his services is based on [a single occasion in 2003...

Excerpt: ...plaintiff's motion has been filed. The Court finds as follows: The settlement administrator received an electronic list of 7,755 potential class members from defendant's counsel with names, contact information, social security numbers and relevant employment information. The administrator processed the names through the National Change of Address Database and updated the list with any updated addresses located. Class notice was sent by mail Septe...

Excerpt: ...ves the seizure of approximately $50,900.00 located during the execution of a search warrant of the residence of Miguel Santos. The search of the residence also yielded various amounts of processed marijuana and marijuana plants. The currency was specifically recovered from a safe whose key was located in Santos's bedroom. The physical seizure took place on July 30, 2020. Santos lived in the residence with his live in girlfriend (and claimant) Mi...

Excerpt: ... Private Attorneys General Act of 2004” (PAGA). Plaintiff alleges the action is a “representative action” on behalf of the State of California and various groups of employees alleged to be aggrieved by various Labor Code violations by defendant. Plaintiff has not pursued a class action for statutory or other damages to which individual group members may be entitled in their individual capacities, nor does she seek recovery of any such damag...

Excerpt: ...oyment, asserting claims involving alleged disability discrimination. Express now moves to compel arbitration of all plaintiff's alleged causes of action based on an agreement allegedly signed by plaintiff as part of Express's digital onboarding process in which prospective employees complete various forms electronically after being tendered a conditional offer of employment. JM joins in the motion. Plaintiff filed his complaint against defendant...

Excerpt: ...class members. The class at issue in this action consists of “milker” or “pusher” employees subject to Wage Order 14 and employed by Defendant from approximately 2015 to February 2020. The Class Period and Release of Claims covers the time period from January 20, 2017 through August 31, 2021. Plaintiffs provide estimates of the maximum recovery for each of Plaintiff's asserted wage and hour claims and penalties including information showi...

Excerpt: ...surer, Defendant AMCO, breached, for purposes of this demurrer, its duty of good faith and fair dealing. Plaintiff further alleges in the Seventh Cause of action for Conspiracy, that Demurring Defendants J.S. Held, LLC and Theodore M. Lister conspired with AMCO to breach that duty. Specifically, Plaintiff alleges that Demurring Defendants created an initial comparative bid for AMCO in November 2020 but subsequently created a second estimate in Ma...

Excerpt: ... for wrongful death, negligence and survival. Plaintiffs allege that Ms. Spagnolini to have been a former In‐Home Supportive Services (IHSS) provider. IHSS providers perform services to aged, blind and disabled persons. Plaintiffs additionally sued the County of Kern (“County”) and the IHSS Public Authority (“Public Authority”) established by the County of Kern for the purposes of administering the IHSS program. Driver Spagnolini is all...

Excerpt: ..., Pixley, California 93256. On or about September 14, 2021, plaintiff served defendants with a 3‐ day notice to perform covenant or quit based on “just cause” This 3‐day notice alleges that defendant breached the terms of the lease by (1) Failing to keep the property in good order by allowing the accumulation of rubbish and debris that obstructs the free use of the property; (2) failing to keep the property in a clean, sanitary and good c...

Excerpt: ... for an owner using the insured property as a rental unit for residential purposes.” Following a fire, and plaintiff making a claim with defendant insurer on the basis of that event, the policy was rescinded by defendant American National. Plaintiff alleges in the complaint that a letter from defendants advising that the policy was being rescinded “reveals a blatantly discriminatory policy and practice on the part of Defendants, wherein Defen...

Excerpt: ...iled this action in this court under the belief that the defendant was a resident of Tulare County. Plaintiff subsequently learned that the defendant resides in Kings County and moves this court to transfer this action to the Superior Court for Kings County. The defendant has not yet been served. CCP §396b(a) provides that: (a) Except as otherwise provided in Section 396a, if an action or proceeding is commenced in a court having jurisdiction of...

Excerpt: ...ancellation of deed and quiet title of real property action. On or about July 21, 2021, Plaintiff had the complaint served on Defendants. On or about August 26, 2021, Defendants Helen Padilla and Narciso Espinoza Padilla filed their answer to the complaint. On or about September 1, 2021, Defendant's filed a Cross‐Complaint. STANDARD OF REVIEW CCP §473(a)(1) provides that “The court may, in furtherance of justice, and on any terms as may be p...

Excerpt: ... People's inspection demand without objection no later than 30 days from the notice of this ruling; (2) To grant the People's motion to compel responses to form and special interrogatories. Claimant Jei Chun Wu shall provide full and complete verified responses to the People's interrogatories without objection no later than 30 days from the notice of this ruling; (3) To grant the People's motion to deem request for admissions admitted by Claimant...

Excerpt: ...uadalupe Platas Tienda brings this negligence action based on her lack of consent to have the remains of her parents exhumed and reburied together in a plot at defendant's cemetery as per the request of plaintiff's other siblings. Plaintiff further contends that the defendant Woodville Public Cemetery mishandled her mother's remains when her mother was exhumed and reburied. STANDARD OF REVIEW CCP §473(a)(1) provides that “The court may, in fur...

Excerpt: ...een resolved. The court shall calendar a status conference as to the status of the Canadian action for July 13, 2022, at 8:30 am in Department. Greenpower shall reserve a new hearing date for this demurrer after the Canadian action has been resolved as to all parties and give applicable notice of this continued hearing. Defendant Greenpower Motor Company's Request for Judicial Notice is granted only as to the date of filing of the documents on fi...

Excerpt: ...ppealed to the Occupational Safety and Health Appeals Board (Board). The matter was heard before an administrative law judge (ALJ) who upheld the citation but reduced an associated penalty. The Board ordered reconsideration of the penalty reduction. Ventura also petitioned for reconsideration, asserting that the evidence did not justify the findings of fact, and the findings of fact did not support the decision. On September 22, 2017, the Board i...

Excerpt: ...ing discovery of defendant's profits and financial condition, and (2) to grant plaintiff's motion for a hearing on objections to defendant/cross‐complainant's proposed judgment on cross‐complaint. Plaintiff's motion for order permitting discovery of defendant's profits and financial condition Subdivision (c) of section 9295 of the Civil Code prohibits pretrial discovery of the profits and financial condition of a defendant unless the court en...

Excerpt: ...e parties stipulated, on June 9, 2021, to continue the prior August 2, 2021 trial date for 90 days after having scheduled mediation for July 7, 2021. Less than a week following stipulation, and before the parties' scheduled mediation, plaintiff added three new defendants by “Doe” amendment. The parties, including plaintiff, represented in the stipulation that “in order to pursue mediation and to defer costly discovery until after the mediat...

Excerpt: ...that they experience physical and mental conditions related to a traumatic brain injury. Defendants ask this court to compel plaintiffs to execute blank authorizations to compel mental health records where the deponents are unknown and no attempt has been made to subpoena these records from these health care providers. Simply put, defendants' motion is premature. Defendants must first conduct further discovery to identify the mental health care p...

Excerpt: ...tempted to file their answer to plaintiff's complaint with the court through One Legal .and served this complaint by regular mail to plaintiff's counsel. The filed answer included the defendants' name and the symbol “/S/” as an electronic signature on the document. Then on August 10, 2021, defendants' counsel received an email from plaintiff's counsel that plaintiff would take defendants' default as plaintiff had not yet received the defendan...

Excerpt: ... and various entities, including Invigorate Healthcare, Inc. (Invigorate), a California corporation of which defendant Bigelow is, according to a statement of information filed with the Secretary of State on January 6, 2017, chief executive officer, a director, and agent for service of process. See Dec'l of A. Velen, ¶¶ 2 and 5; Exs. 1 and 2. According to defendant Bigelow's bankruptcy petition, defendant Bigelow owns 39% of Invigorate. See Dec...

Excerpt: ...ons to include the additional information requested by the court. Only the supplemental declarations of plaintiff and class counsel as indicated in this ruling need to be filed with the court. Plaintiff need not file the moving papers and approved declarations a second time. The court finds that insufficient information has been submitted as to various provisions of the settlement agreement for the court to make the merits evaluation required by ...

Excerpt: ... article published on defendants' website. The article reports on an appellate court opinion by California's Second District Court of Appeal affirming the issuance of a domestic violence restraining order (DVRO) against plaintiff. As an initial matter, the court notes that plaintiff's causes of action are considered substantively equivalent for the purposes of its analysis of the instant motion. See Brodeur v. Atlas Entertainment, Inc. (2016) 248...

Excerpt: ...ling. This sum awarded in sanctions shall include any interest accumulated between the time these settlement funds were due and payable and the date that these settlement funds were provided to plaintiff's counsel. (2) The court does not publish tentative rulings on motions to tax costs Plaintiff's Motion for Sanctions This is a “lemon law” case where the defendants accepted the defendant's 998 settlement offer of $77,500 on March 16, 2021. C...

Excerpt: ...tiff may serve Mr. Atkinson in the manner provided in the Code of Civil Procedure for service of summons on a foreign national; (3) To deny defendant Brendan Riley's motion to quash service of summons. Plaintiff has filed a further proof of service showing Mr. Riley was personally served. This is a wrongful termination / wage and hour claim action where plaintiff raises causes of action for (1) breach of contract; (2) Breach of the Implied Covena...

Excerpt: ... Court's file. Except for orders from the Court that appear in the Court's file for this case, the Court denies plaintiff's request for judicial notice as to the contents of other documents in the Court's file for this action as inadmissible hearsay. See Day v. Sharp (1975) 50 Cal.App.3d 904, 914; Fremont Indemnity Co. v. Fremont General Corp. (2007) 148 Cal.App.4 th 97, 113. This action arises out of a balance due on an automobile loan that plai...

Excerpt: ... to the complaint on February 5, 2021. Defendant's counsel subsequently learned that defendant was acting in the course and scope of her employment with Aspen Dental at the time of the accident. Defendant now seeks leave to file a cross-complaint against Aspen for indemnity and apportionment of fault. A court may grant leave to file a cross-compliant at any time during the pendency of an action when the interests of justice will be served by this...

Excerpt: ...aintiff's first amended complaint are allegations that plaintiff is entitled to punitive damages under Civil Code ⸹3294(a). Defendant now moves the court to strike the punitive damages from the plaintiff's first amended complaint based on the application of CCP ⸹425.13 that precludes the pleading of a right to recover punitive damages absent a court order that permits the plaintiff to do so. STANDARD OF REVIEW Under CCP §436, the Court may s...

Excerpt: ...s shall be filed in that case. OPERATIVE FACTS Plaintiffs April Pianta and Lisa Brooks were in the same automobile when stopped by defendants Garret William Grisbach and Sabrina J. Maydon. Mr. Grisbach and Ms. Maydon were peace officers with the City of Visalia at the time that they stopped the plaintiffs. Plaintiffs contend that Officers Grisbach and Maydon conducted an unlawful search and seizure on the plaintiff, and, due to the officers' fail...

Excerpt: ...orporation, Kia Motors America, Inc., ZF Active Safety and Electronics US LLC and Visalia Motors dba Visalia Kia's Motion for Good Faith Settlement (2) To grant defendants Kia Motors Corporation, and Kia Motors America, Inc.'s motion to file records under seal Kia Motors Corporation, Kia Motors America, Inc., ZF Active Safety and Electronics US LLC and Visalia Motors dba Visalia Kia's Motion for Good Faith Settlement CCP § 877.6 affords the cour...

Excerpt: ...attorneys' fees, administrative expenses, and plaintiff's enhancement award of $7,500.00. The claims administrator mailed notice of the settlement to all class members. No notices were returned by the post office. No objections or requests to opt out were received by the administrator. As this is a PAGA action, the Class Members may not opt out of, or object to, the PAGA settlement. Plaintiff's moving papers are sufficient to establish the settle...

Excerpt: ...bed in the complaint by reference to its address of 10712 S. Crawford Ave., Dinuba, CA, “lies miles removed from the City of Dinuba.” The complaint, however, sufficiently describes the premises with requisite reasonable certainty. Code Civ. Proc. §§ 1166, 455. Moreover, the description is clearly sufficient enough to enable defendant to know what property plaintiff demands he surrender. See Olcovich v. Deremberg (1915) 27 Cal.App.194, 196. ...

Excerpt: ...r her through his or her mistake, inadvertence, surprise, or excusable neglect. Application for this relief shall be accompanied by a copy of the answer or other pleading proposed to be filed therein, otherwise the application shall not be granted, and shall be made within a reasonable time, in no case exceeding six months, after the judgment, dismissal, order, or proceeding was taken.” This is a common counts action for damages arising out of ...

Excerpt: ...ant Alvin Prins' Objections to Plaintiff's Special Interrogatories, Set Two; (4) Motion to Compel Responses and Further Responses and to Strike Defendant Alvin Prins' Objections to Plaintiff's Form Interrogatories, Set Two; Tentative Rulings: All motions are granted in part and denied in part. Defendants Bernard Prins and Alvin Prins shall each provide full and complete verified responses to Form Interrogatories 16.1, 16.3, 16.4, 16.5 and 17.1 an...