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