Excerpt: ...r Abuse Act. Th e m o t io n for summary adjudication of the first cause of action, and as to plaintiffs' claims for punitive damages and enhanced remedies under the Elder Abuse Act, is granted. Plaintiffs Toni Northrop and Teri Hopper are the children and successors of Mary Hopper, who is deceased (hereinafter, the decedent). Plaintiffs allege four causes of action against defendants identified as Linwood Meadows Care Center and Snowdrop Holding...

Excerpt: ...torneys' fees, costs, enhancement award, LWDA payment and class certification for settlement purposes came on for hearing on March 11, 2024. The Court finds and rules as follows: On February 9, 2024, the settlement administrator Phoenix, through its Case Manager, filed a declaration detailing the following events. On October 23, 2023, the administrator r e c e iv e d a m a ilin g lis t o f 5 8 2 p o t e n t ia l class members from Defendant's cou...

Excerpt: ...ff purchased or was assigned claims of physicians against Defendant California Physicians' Service dba Blue Shield of California as to the reasonable and customary value of emergency services. (Complaint ¶¶25, 31.) The complaint alleges further “The acts, transactions and occurrences giving rise to this action occurred in substantial part in the County of Tulare, in the State of California.” (Complaint ¶4.) The complaint admits no express ...

Excerpt: ... be made at any time after the answer is filed upon giving five days notice.” (Code Civ. Proc., § 1170.7.) Castellanos served her pleadings in support of the motion on Friday, January 26, 2024, five days (three court days) ahead of the date set for hearing and for trial. Defendant's motion Castellanos contends plaintiff inaccurately stated the amount of rent due in his notice to pay rent or quit and that the notice was, therefore, defective. C...

Excerpt: ...e Subject Property's prior owner. (Complaint he complaint then alleges that Plaintiff purchased the Subject Propertyon March 3, 2023, and that "The defendant signed a rental agreement with a rent amount of $975.00 per month." (Complaint 96.) The complaint thereafter attaches a written lease agreement dated July 1, 2023. (Complaint — Ex. 1.) Defendant Castellanos argues that the complaint is rendered uncertain by pleading that the agreement to r...

Excerpt: ... to prepay per diem rent for the length of the stay. This unlawful detainer matter involves property located at 565 S. Walnut #A Porterville, CA 93257 ("Subject Property.") (Complaint 93.) The complaint alleges this is a sixty-day notice matter subject to the Tenant Protecton Act. (Complaint 99.) Pursuant to this Court's order on August 17, 2023, Plaintiff posted and mailed the summons, complaint and related documents on Defendant Brady on August...

Excerpt: ...ance with the remaining provisions of section 473(b) as to the of a proposed answer. This unlawful detainer matter, filed April 27, 2023, involves property located at 720 East Worth Ave Space 14, Porterville, California 93257 ("Subject Property." ) (Complaint 94.) Defendant and moving party Pascal Garcia was served via personal service on May 1, 2023. On May 9, 2023, this Court entered default as to Defendant Pascal Garcia. On May 23, 2023, Defen...

Excerpt: ...parties, the court took under submission the complaint for breach of contract. The Court, thereafter, issued its Statement of Decision on December 15, 2022 entering judgment in favor of Plaintiff as to the sum of $200. Thereafter, on December 15, 2022, the Clerk of the Court served by mail the Statement of Decision on Plaintiff. On March 21, 2023, Plaintiff filed a "motion for reconsideration" arguing that the Court did not consider evidence, mad...

Excerpt: ...to a medical emergency. Authority and Analysis A non-prevailing party may make a motion to reconsider and enter a different order under the following conditions: (1) brought before the same judge that made the order sought to be reconsidered; (2) made within 10 days after service upon the party of the notice of entry of the order (extended under CCP S 1013 for type of service); (3) based on new or different facts, circumstances or law than those ...

Excerpt: ...the parent of the 4-year-old minor Marcellus Luque. Petitioner now brings a petition to approve the compromise of a settlement offerto the minor child. According to the Petition, on April 28, 2019, the minor was a passenger in a vehicle that was rear ended by Defendant Darron R. Burrill, allegedly while employed by Defendant Brahma Group, Inc. (Petition at 4, 5.) Injunes The minor child suffered emotional distress damages but has fully recovered ...

Excerpt: ...e of bed bugs in room number 222 (the "Room"), and damages therefrom, at Defendant's Porterville Lodging LLC's hotel. (Complaint 92.) Plaintiff seeks punitive damages as to the nuisance cause of action. Relevant here, Plaintiff alleges she entered into a hotel rental agreement to stay as a guest in the room between December 15, 2020 and January 23, 2021. (Complaint 26.) Plaintiff further alleges that in January 2021, she noticed the bed bug infes...

Excerpt: ...ff for a credit card account, entering into a written credit card account agreement with Plaintiff for the account number ending in 9035 (the “Account”) (UMF Nos. 1, 10.) Defendant agreed to be bound by the terms and conditions set forth in the agreement when the defendant applied for, received or used the credit card or the account. (UMF Nos. 2, 11.) After receiving the credit card, purchases were made by the use of the account and the charg...

Excerpt: ... debt Defendant incurred for the care of her children. Plaintiff alleged causes of action including open book account and account stated. Defendant now seeks recovery of her costs, including attorneys' fees, as the prevailing party on an action for an open book account. Defendant seeks attorneys' fees of $960.00 and other costs of $409.31. Authority and Analysis A prevailing party is entitled to recover costs as a matter of right. (Code Civ. Proc...

Excerpt: ...�) On November 16, 2022 the complaint was filed. On December 5, 2022, Plaintiff filed a proof of service indicating posting at the Subject Property and mailing service on Defendant occurred on December 2, 2022. On December 22, 2022, default judgment was entered and the writ of possession was issued on January 3, 2023. On January 25, 2023, Defendant file this ex parte motion to vacate the default judgment and/or stay this matter. Defendant states ...

Excerpt: ...as to (1) 6‐year‐old Claimant Chelsea Jacobo is Tania Jacobo, parent and guardian ad litem. The Petitioner as to (2) 9‐year‐old Claimant Rumaldo Jacobo is Israel Jacobo‐Perez, guardian ad litem and parent. Petitioners bring these petitions to approve the compromises of settlement offers to the minor children. This matter involves an automobile accident. On or about October 11, 2019, both Claimants were passengers in a motor vehicle. (Am...

Excerpt: ...cts On November 29, 2022, Plaintiff John MF Doe sued Defendant Doe 1 School district for various negligence theories, intentional infliction of emotional distress and sexual battery for incidents alleged to have occurred when Plaintiff was 17 years old by an employee of Defendant School District while Plaintiff attended high school. Plaintiff is now over 40 years old. On December 1, 2022, Plaintiff filed a motion to seal application to proceed wi...

Excerpt: ...t May 17, 2020, Mr. Hernandez drowned in the Sequoia National Forest at a location on the Tule River near Springville known as Brad's Hole. (SAC Attachment ¶ 3.) The Court notes the initial complaint was filed June 15, 2021. The initial complaint alleged premises liability against, amongst others, the City of Tulare and Does 1 through 10 arising out of the May 17, 2020 incident described above. Relevant here, the Second Amended Complaint states,...

Excerpt: ...section 1094.5, subdivision (c) provides the basic framework by which an aggrieved party to an administrative proceeding may seek judicial review of any final order or decision rendered by a state agency.” (Mann v. Department of Motor Vehicles (1999) 76 Cal.App.4th 312, 320.) Vehicle Code section 13559, however, which is the specific enactment regarding judicial review of administrative suspension of driving privileges due to driving with exces...

Excerpt: ...rth below. Facts The Petitioner as to (1) 6‐year‐old Claimant Chelsea Jacobo is Tania Jacobo, parent and guardian ad litem. The Petitioner as to (2) 9‐year‐old Claimant Rumaldo Jacobo is Israel Jacobo‐Perez, guardian ad litem and parent. Petitioners bring these petitions to approve the compromises of settlement offers to the minor children. This matter involves an automobile accident. On or about October 11, 2019, both Claimants were pa...

Excerpt: ...Inc. for open book and account stated. On February 10, 2022, Defendant Juan Torres Construction Inc., represented by counsel, filed an answer. On November 7, 2022, Defendant Juan Torres Construction Inc. filed a substitution of attorney which purported to substitute out counsel and substitute in Juan Torres, in pro per, for Defendant Juan Torres Construction Inc. Defendant Juan Torres Construction Inc. is a corporate entity. Defendant Juan Torres...

Excerpt: ...nded complaint against Defendant Sandy Mason, individually, and in her capacity as Personal Administrator of the Estate of Christopher Mason, decedent for possession of personal property. Paragraph 12 of the first amended complaint indicates: “This action was initially filed in April 2022, prior to defendant Sandy Mason filing her petition for probate in Tulare County Superior Court Case No. PPR051323. A creditor's claim against the estate has ...

Excerpt: ... an ex parte motion to set aside default judgment and stay execution of judgment. On November 7, 2022, this Court granted the stay and continued the motion to this date. This is an unlawful detainer matter involving 1512 N Cobb St #3 Porterville CA 93257 (“Subject Property.”) This matter is based upon a 3‐day notice to pay rent or quit. On October 4, 2022, the complaint was filed. On October 13, 2022, Plaintiff filed a proof of service indi...

Excerpt: ...Citibank. (Complaint ¶1.) Plaintiff notes it “is a debt buyer as defined by Section 1788.50 of the CA Civil Code. Plaintiff and Plaintiff's counsel's application for license pursuant to Financial Code Section 100000 et. seq. are pending issuance with the Nationwide Multistate Licensing and Registry and/or the California Department of Financial Protection and Innovation.” (Complaint ¶4.) Plaintiff further alleges “Section 1788.50 of the CA...

Excerpt: ...te of Wanger Jones Helsley PC, due no later than thirty (30) days from this hearing. Facts This limited civil case alleges two causes of action for open book account and account stated as against Defendant Juan Torres Construction Inc. Plaintiffs First Set of Request for Admissions were served on July 14, 2022. Defendant served responses on August 18, 2022. The responses stated: “Responding Party incorporates by reference the aforementioned Pre...

Excerpt: ...ed by Plaintiff ending 0635. Defendant answered the complaint. On or July 19, 2022, the Court deemed admissions nos. 1 through 11 admitted as follows: 1. YOU admit that YOU applied for the credit card ACCOUNT with JPMorgan Chase Bank, N.A; 2. YOU admit that YOU received a Cardmember Agreement, for the credit card ACCOUNT ending in XXXXXXXXXXXX0635; 3. YOU admit that YOU voluntarily agreed to abide by all terms and conditions listed in the Cardmem...