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