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: ... (“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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ... 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: ...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: ... 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 ...