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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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 ...