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