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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...,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...