Excerpt: ... as follows : $3,142.50 for nonpayment of minimum wage under Labor Code section 1194; $1,500 for nonpayment of overtime compensation under Labor Code section 1194; $4,275 for waiting time penalties for nonpayment of wages under Labor Code section 203; $7,500 for meal break violations under Labor Code sections 227.6 and 512; an d $1,950 for inaccurate wage statement violations under Labor Code section 226 . On November 2, 2023, this Court entered ...

Excerpt: ...ivity under Code of Civil Procedure section 340.1 and/ or Government Code section 905 does not excuse the failure to exhaust in violation of the constitutional r e s t r ic t io n s o n g if t s o f p u b lic f u n d s , t h a t r e t r o a c t iv it y u n d e r Co d e o f Civ il Procedure section 340.1 and/ or Gover nment Code section 905 does not excuse the failure to exhaust in violation of federal due process and that retroactivity under Code...

Excerpt: ...entation requirements of the Government Tort Claims Act . On January 11, 2024, Plaintiff filed this motion for reconsideration on the basis that the operative amended complaint pled compliance via a general allegation under “Esparza v. Kaweah. ” Though Plaintiff does not identify where she alleges compliance, the Court notes that the seventh page of the complaint states “this complaint is in compliance with the ca tort claims act because I ...

Excerpt: .... Sufficiency of Amount of Settlement (Net Estimated: $420,000) The gross settlement amount is $750,000. Plaintiff estimates approximately 500 proposed Class Members, providing an estimated average payout of $1,992.04 per member. The Class Members consist of: “All persons who worked for Defendants as non -exempt, hourly -paid employees in the State of California at any time from July 1, 2021 through October 31, 2023” The operative complaint a...

Excerpt: ... installment sales contrac t for a vehicle, the sale of the vehicle and the difference between the sale price and the amount left over on the initial loan. Defendant answered the complaint on June 15, 2023 . On December 11, 2023, this Court granted Plaintiff's motion to deem admissions admitted as to Nos. 1 through 8 as follows : “1. You entered into the CONTRACT attached as Exhibit "A" . 2. That the CONTRACT was assigned to Plaintiff f...

Excerpt: ... in t if f f ile d t h e Fir s t Am e n d e d Co m p la in t a lle g in g t w o t o r t - based causes of action against Defendants, and alleging that Plaintiff had filed a s im p le “c o m p la in t f o r m ” w it h t h e Fa r m e r s v ille P o lic e D e p a r t m e n t in 2 0 2 1 in satisfaction of th e tort claims presentation requirement. The Court again sustained Defendant's demurrer with leave to amend to permit pleading compliance wit...

Excerpt: ... Forensic Medical Group, Inc. or Wellpath filed its motion for summary judgment. Defendant set the motion for June 10, 2024, after trial in this matter. The motion was served via email . On February 8, 2024, Defendant filed an ex parte motion to shorten the 30 day period before trial applicable to the hearing date or, alternatively, to continue trial . The Court notes that this ex parte motion argues that Defendant “acted promptly in attempting...

Excerpt: ... CVT/Colburn's Motion for Attorney Fees as to Madrigal Facts On July 7, 2023, Plaintiffs' counsel filed a request for dismissal of Madrigal only. No notice of entry of dismissal was served. On July 27, 2023, Plaintiff Silva accepted Defendants' section 998 offer. On November 2, 2023, this Court entered judgment in favor of Plaintiff Cortez in the total amount of $25,282.48, inclusive of stipulated interest and liquidated damages. Notice of entry ...

Excerpt: ...int filed July 25, 2023. The complaint alleges breach of contract between Plaintiff Alice Terry and Defendants Derrick Gray. The contract alleged breached appears to be a settlement agreement executed after mediation in Case No. VCU291133. The complaint in this matter alleges “Case [VCU291133] was to be completed within 30 days of mediation in January. They Never mentioned wanting title insurance on all of title. According to court Everything s...

Excerpt: ... August 15, 2023, this is an action for eminent domain where the State, acting through the Department of Transportation (“Plaintiff”) seeks a partial acquisition of approximately 2.60 acres or 113,256 sf of fee simple interest, to include 0.91 acre/39,802 sf in fee (Parcel 88192-1), 0.02 of an acre/796 sf in fee (Parcel 88192-2), and 1.67 acres/72,745 sf in fee (Parcel 88192-3) Caltrans also seeks to acquire 0.34 of an acre/14,817 sf of under...

Excerpt: ...intends to adopt its tentative ruling originally issued January 26, 2024, as set forth below: The Court intends to overrule the demurrer on the abatement argument, to sustain the demurrer with leave to amend as to the first, second, third, fifth and sixth causes of action on the standing argument, to provide Plaintiff ten (10) days from this hearing to file an amended complaint as to standing and to overrule the demurrer as to the fourth cause of...

Excerpt: ...urth cause of action. Facts Plainti
¯ Rosa Madrid “individually and as representative of the ESTATE OF FRANCISCO PONCE, JR. and the heirs of the ESTATE OF FRANCISCO PONCE, JR” Þled this complaint on April 5, 2023, as to the treatment and death of her son while in custody as a prisoner. (Complaint ¶5.) Plainti
¯ alleges the following causes of action: 1. Deliberate Indi
¯erence to Serious Safety Needs - 8th and 14th Amendment (42 U.S.C. �...

Excerpt: ...fendant to pay $6,000 by January 8, 2024, $1,000 by January 12, 2024, $5,200 by February 3, 2024, $423.50 by February 28, 2024 and $423.50 by March 30, 2024. Defendant also agreed to pay March 2024 rent when due. On January 11, 2024, Defendant Þled this ex parte motion to “set aside default.” The motion appears to seek to set aside the stipulation. Defendant states, “didn't thoroughly understand” and appears to indicate that some payment...

Excerpt: .... On January 20, 2023, the Court held a Case Management Conference in this action and set a trial date for November 6, 2023. First Application to Continue Trial On July 7, 2023, Plainti
¯ Þled an ex parte application to continue trial. The basis for this Þrst application appears to center on extensions in May 2023 for discovery responses by Defendants Magana and Camacho. Additionally, “Plainti
¯'s learned defense counsel had encountered sig...

Excerpt: ...luding this complaint, at least two others have been Þled in Tulare County under Case No. VCU297757 (Plainti
¯ Fernando Murillo), and Case No. VCU296678 (Plainti
¯ Satnam Singh.) (Initial Declaration of Waghalter ¶2.) Additionally, another Plainti
¯, Rebecca McCormick, has Þled a lawsuit regarding the above incident in Los Angeles County, under Case No. 23SMCV04034 (the Los Angeles Action.) (Initial Declaration of Waghalter ¶2.) Defendant,...

Excerpt: ...ication was Þled by Anthony Longabordo on October 16, 2023. The Court's Þle contains no other opposition to this motion. The Court's Þle contains a reply timely Þled January 3, 2024, and objections to the declaration of Longabardo declaration Þled January 5, 2024. Material Facts The complaint initially Þled in Case No. VCU285270 by Plainti
¯ PaciÞc Properties Sales & Management, Inc. seeks declaratory relief based upon a written document ...

Excerpt: ...es is beyond the time prescribed for hearing and service under Code of Civil Procedure section 473c. Defendant seeks an order shortening time to permit Defendant to Þle and serve its motion by January 12, 2024 and for the hearing on to take place on March 18, 2024. Defendant seeks to shorten the 75- day notice period under Code of Civil Procedure section 473c(a). The moving declaration states: “Amazon respectfully requests an Order Shortening ...

Excerpt: ...of filing, was represented by counsel and is the only remaining Plaintiff. The Court, on December 4, 2023, entered an order granting withdrawal by Plaintiff Marcelino's now former counsel. The underlying basis for the withdrawal was that former counsel had lost contact with Plaintiff Marcelino, that efforts, including the use of a private investigator, revealed that Plaintiff Marcelino has likely left the country. The last known address was "1684...

Excerpt: ...ack of a reply brief) the day before, January 7, 2024. Pursuant to the rules noted above and the Court's website, "any party opposed to the tentative ruling must notify the court and other parties by 4:00 p.m. today of their intention to appear for oral argument." The Court did not receive a timely request for oral argument from Defendant. The Court received a request for oral argument at 4:54 pm on Friday, January 5, 2024 from Defendant. The Cou...

Excerpt: ...his Court to deem admitted requests for admissions, set one, numbers 1 through 11. On October 30, 2023, the Court adopted its tentative ruling, deeming admitted the truth of each matter specified in requests for admissions numbers 1 through 9. These requests, now admitted, are as follows: "1. Arnulfo Jimenez had a credit account number 1531. 2. Credit account number 1531 was issued to Arnulfo Jimenez by SYNCHRONY BANK. 3. Arnulfo Jimenez received...

Excerpt: ...lawful detainer statutory scheme and then later amended and entered on January 26, 2015, to include past due rent, holdover damages, attorneys' fee and costs in the amount of $5,212.20. On May 7, 2015, a claim of exemption hearing was held regarding garnishment of Defendant's wages capped at $150 per month and attended, in person by Defendant. Evidently, the money judgment went unsatisfied. On March 28, 2023, Plaintiff filed an application to ren...

Excerpt: ...by Anthony Longabordo on October 16, 2023. The Court's file contains no other opposition to this motion. The Court's file contains no reply brief. Material Facts The complaint initially filed in Case No. VCU285270 by Plaintiff Pacific Properties Sales & Management, Inc. seeks declaratory relief based upon a written document attached as Exhibit A to the complaint (the "Purported Lease.") (UMF Nos. 1, 2.) The real property to be conveyed under the ...

Excerpt: ...y to calculate the lodestar figure and information as to the presently incurred costs. Such supplemental documents were filed December 22, 2023. Class Notice The settlement agreement provides no claim form will be required of class members to participate in distributions. Only those wishing to object or opt out must file notce with the settlement administrator. Objections or opt-out notices are to now to be made within 60 days. The Court regularl...

Excerpt: ... to deem admitted requests for admissions, set one, numbers 1 through 11. On October 30, 2023, the Court adopted its tentative ruling, deeming admitted the truth of each matter specified in requests for admissions numbers 1 through 9. These requests, now admitted, are as follows: "1. Arnulfo Jimenez had a credit account number 1531. 2. Credit account number 1531 was issued to Arnulfo Jimenez by SYNCHRONY BANK. 3. Arnulfo Jimenez received periodic...

Excerpt: ...lt Pretrial Facility. Plaintiff seeks $888 billion dollars in compensatory damages as well as a number of requests for injunctive relief to providing clean drinking water, firing certain employees, and other relief. Defendants demurrer on the basis that the complaint fails to allege compliance with the presentation requirements of the tort claims act and that they are immune under Government Code section 844.6. Authority and Analysis The purpose ...

Excerpt: .... Nelson were substituted as counsel June 19, 2017. Parties appeared on July 27, 2017. Petitioner's counsel sought a continuance of the petition, which the Court denied and took the matter off calendar. Since that appearance, no action has been taken on this matter. On October 30, 2023, the Court set an OSC re: lack of prosecution and for sanctions addressed to: "ANGELICA ANGUIANO LAW OFFICES OF MARK S. NELSON 215 MCHENRY AVE MODESTO, CA 95355" C...

Excerpt: ...on's (Boston) moton for a protective order concerning this same subpoena. The court deemed Boston's request for an absolute bar against further discovery overbroad. Because the background of this discovery dispute was covered during the prior motion, it is not fully recounted again here. With the motion now at issue, the court is occasioned to determine a significantly narrower matter than the blanket discovery bar presented by Boston's motion. H...

Excerpt: ...ornia. There were approximately 36 passengers on the bus. Including this complaint, at least two others have been filed in Tulare County under Case No. VCLJ297757 (Plaintiff Fernando Murillo), and Case No. VCU295678 (Plaintiff Satnam Singh.). (Declaration of Waghalter 92.) Additionally, another Plaintiff, Rebecca McCormick, has filed a lawsuit regarding the above incident in Los Angeles County, under Case No. 23SMCV04034 (the Los Angeles Action.)...

Excerpt: ...; (ii) failure to provide meal periods and paid rest breaks; (iii) failure to pay all overtime hours worked; (iv) failure to timely pay wages; (v) failure to provide accurate itemized wage statements; (vi) unfair competition; and (vii) willful misclassification. On March 7, 2022, an amended complaint was filed adding Plaintiff Gonzalo Silva as a party, but leaving unchanged the allegation that the wage and hour violations occurred when CVT had pl...

Excerpt: ...herein judgment was entered for possession only. The writ of possession was issued December 5, 2023. Defendant, on December 7, 2023, filed this ex parte motion to stay the execution of the writ of possession. Defendant states, as to hardship, one son living with her, zero monthly income (employment pending) and appears to state that she did not receive notice of the trial because the landlord has locked her mail and that she was in the hospital f...

Excerpt: ...posed Class Members, providing an average proposed payout of The Class Members consist of: All current and former nonexempt California employees of Saputo employed at any tme from May 27, 2015 through and including March 30, 2023. On May 27, 2020, Plaintiff filed a class action against Saputo. This case was removed July 24, 2020. On August 5, 2020, Plaintiff filed a PAGA action which was stayed pending resolution of the class acton. (Case No. VCU...

Excerpt: ...2.112. On July 14, 2023, Plaintiff filed the First Amended Complaint alleging two tort-based causes of action against Defendants, and alleging that Plaintiff had filed a simple "complaint form" with the Farmersville Police Department in 2021 in satisfaction of the tort claims presentation requirement. The Court again sustained Defendant's demurrer with leave to amend to permit pleading compliance with the presentation of tort claims requirements....

Excerpt: ...y 2CM, she and her husband obtained a $39,998.78 loan (the "Loan") from lender Assoc:iates Financial Services Company of California, Inc. (Complaint '1 9.) The terms of the Loan are set forth in a Promissory Note ("Note"), and repayment of the Loan is secured by a Deed of Trust (the "DOT") recorded against the Property located at 119 N. Orange Avenue, Exeter, California (the "Property"). (Complaint at Ex. A) In connection with the Loan and DOT, P...

Excerpt: ...en settlement agreement. Plaintiff signed the agreement on July 21, 2023. Defendant FCA signed the agreement, through its authorized representative on August 9, 2023. The terms of the settlement are as follows: FCA agreed to make payment to Plaintiff in the amount of $72,011.84; Payment in the amount of $55,457.12 to JPMorgan Chase Bank, N.A., in full satisfaction of the loan (as per the July 22, 2023 payoff); Any overage payments made by Plainti...

Excerpt: ... The parties have filed their supplemental briefs and the Court rules as follows. Pursuant to the complaint filed March 24, 2023, this is an action for eminent domain where the State, acting through the Department of Transportation ("Plaintiff") seeks to acquire 2.56 acres of the 53.29 acres making up Parcel 88193-1 (the "Taking"). On October 13, 2022, at a meeting held in Sacramento, the California Transportation Commission passed and adopted Re...

Excerpt: ...93292 ("Subject Property"). The amended complaint indicates that Plaintiff and Defendant entered into a six-month, fixed term lease that expired. Plaintiff seeks, via this action, to evict a holdover tenant after the expiration of a fixed term "renewal lease agreement, commencing April 1, 2023 and ending September 30, 2023 pursuant to Cuie of Civil Procedure section 1161(1). Defendant demurrers to the amended complaint and argues that Plaintiff's...

Excerpt: ...now seeks to compel arbitration under a clause in the written agreement entitled "ARBITRATION OF DISPUTES" No opposition to this motion has been filed. Facts — Agreement to Arbitrate and Scope It appears undisputed that the parties entered into the aforementioned construction that contains a section "ARBITRATION OF DISPUTES." That section states, in full, the following: ARBITRATION OF DISPUTES written agreement for NOTICE: BY SIGNING IN THE SPA...

Excerpt: ...On November 2, 2023, Counsel for Plaintiff and Plaintiff provided a number of supplemental declarations which the Court has reviewed as indicated below. Notice The notice period, according to the revised settlement agreement is set at 60 days. The Court, therefore, approves the notice period of 60 days. Attorneys' Fees and Costs Attorneys' fees of 33 1/3% of the gross settlement fund of or $133A)O and costs not to exceed are sought by Plaintiffs'...

Excerpt: ...sently incurred costs and the notice period. The Court notes that Plaintiffs have filed the Second Amended Complaint on October 24, 2023, as ordered. On October 26, 2023, Plaintiffs filed supplemental declarations addressing the issues noted above. Notice The notice period, according to the revised settlement agreement is set at 60 days. The Court, therefore, approves the notice period of 60 days. Attorneys' Fees and Costs Attorneys' fees of 35% ...

Excerpt: ...y Citibank, who charged off the amount stated herein. (Complaint 97.) Plaintiff alleges that the date of default is July 05, 2017 and the date of the last payment was May 12, 2017. (Complaint 911.) Defendant and the name of the debtor on the Citibank account stated above is alleged as Courtney Garcia. (Complaint 913.) On December 10, 2019, Plaintiff filed a proof of service indicating that Defendant Garcia was personally served at 8:40 pm on Dece...

Excerpt: ...ation, San Joaquin Valley College, lnc„ Lynne Hare, and Kristen Berry. Defendants moves to compel arbitration of these matters pursuant to an arbitration agreement it produces with Plaintiff's electronic signature. On #tition of a party to an arbitration agreement alleging the existence of a written agreement to arbitrate a controversy and that a party thereto refuses to arbitrate such controversy, the court shall order the petitioner and the r...

Excerpt: ...y (30) days from the date of this hearing; to order Plaintiff and his counsel to pay for the use of a court reporter office to attend the deposition remotely only if Plaintiff or Plaintiff's counsel so desires. In this matter, Plaintiff alleges he was injured while working on Defendants' vehicle when the Vehicle rolled down the driveway and struck Plaintiff. Defendants initially served a Notce of Taking Deposition upon Plaintiff for June 20, 2023...

Excerpt: ...,cm) The gross settlement amount is $41WßW. Plaintiff estimates approximately 350 proposed Class Members, providing an estimated average payout of $619.04. The Class Members consist of: all non-exempt employees who worked for Central California Baking Company at any time in the State of California during the period from April 26, 2021, through February 17, 2023 and who received any wage statements containing the following information: (1) FLSA O...

Excerpt: ... Department of Transportation ("Plaintiff") seeks to acquire 2.56 acres of the 53.29 acres making up Parcel 88193-1 (the "Taking"). On October 13, 2022, at a meeting held in Sacramento, the California Transportation Commission passed and adopted Resolution of Necessity No. C-22204, declaring that the Taking or an interest therein is necessary for state highway purposes. Plaintiff seeks to acquire this area as part of a project to construct a new ...

Excerpt: ...eeking damages for alleged losses related to its 2020 pistachio crops. M.C. Watte filed fts amended complaint, adding Brian Watte as a defendant. Brian Watte then filed a cross-complaint against Nutrien seeking contribution and indemnity from Nutrien and separately seeking damages from Nutrien for alleged losses related to his 2020 pistachio crops. Defendant Nutrien Ag Solutions seeks leave to file a cross-complaint against proposed cross-defenda...

Excerpt: ...t of her detention at the Tulare County Adult Pretrial Facility. Plaintiff seeks $888 billion dollars in compensatory damages as well as a number of requests for injunctive relief to providing clean drinking water, firing certain employees, and other relief. Defendants demurrer on the basis that the complaint fails to allege compliance with the presentation requirements of the tort claims act and that they are immune under Government Code section...

Excerpt: ...o order Plaintiffs to file the Second Amended Complaint no later than ten (10) days from the date of today's hearing. 1. Sufficiency of Amount of Settlement (Net Estimated: $352,650) The gross settlement amount is $650,000. Plaintiffs estimate approximately 925 proposed Class Members, providing an estimated average payout of $381.24 each. The Class Members consist of: All persons employed in California by Defendants Sonoco Plastics, Inc. and Peni...

Excerpt: ...s, providing an estimated average payout of $737.82. The Class Members consist of: Non-exempt employees who work or worked for Defendant in California at any time during February 26, 2017 and ending on the date the Court grants Preliminary Approval. Plaintiffs primarily alleged the followng violations: (1) failed to pay minimum and regular rate wages, (2) failed to pay overtime compensation, (3) failed to provide meal periods, (4) failed to autho...

Excerpt: ...nd a thirty day notice to quit. Defendants challenge the sufficiency of these notices, but their legal arguments center on three day notices to quit based on covenants of the lease, which do not appear at issue in this matter. Defendants further demurrer on the basis of uncertainty and failure to allege facts sufficient to state a cause of action. Authority and Analysis A demurrer tests the sufficiency of a complaint as a matter of law and raises...

Excerpt: ...91.) Plaintiff alleges he is the assignee of Westlake Financial Services, LLC, dba Westlake Financial Services ("Westlake Financial), the named "Lender Loss Payee" and/or Additional Insured under ALJlC's Policy Number MIL4935650 (the "Policy"). (Complaint 9, 11-14.) Plaintiff sues under theories of breach of contract and breach of implied covenant of good faith and fair dealing. Plaintiff seeks punitive damages on the breach of implied covenant t...