Excerpt: ...that Plaintiff was arrested, in custody or otherwise present Tulare County law enforcement at the pretrial facility. In response, Defendant states that much of the evidence requested, at various times between September 6, 2021 and September 18, 2022 has been routinely overridden. However, Defendants state that Plaintiff filed a formal complaint against a deputy in 2021 and recording associated with that complaint have been preserved. In any event...

Excerpt: ...s representative Plaintiff Francisco Medrano from the proposed amount of $10,000 to the typical amount of $5,000. Enhancement payments "are fairly typical in class action cases." (Cellphone Termination Fee Cases (2010) 180 Cal.App.4th 1110, 1393.) Enhancement payments "are intended to compensate class representatives for work done on behalf of the class, to make up for financial or reputational risk undertaken in bringing the action, and, sometim...

Excerpt: ... involving a solar purchase by Plaintiff in 2015, various representations made thereof, and the assignment of Plaintiff's solar loan, and servicing of Plaintiff's solar system, to various named Defendants, including Complete Solar Inc. ("CSI") and JAK Solar Loans 1 Limited ("JSL") after Plaintiffs initial purchase. Plaintiff now seeks to file a second amended complaint: a) naming Flextronics International USA, Inc. ("FLEX") as a defendant; b) cla...

Excerpt: ...endant, Farmersville Police Department and naming individual Defendants Jenifer Gomez, Jay Brock, Ralph Vasquez. Plaintiff alleges she turned in a complaint form June 12, 2021 to Farmersville Police Department regarding an incident that occurred May 12, 2021. (FAC 92.) Plaintiff seeks a declaratory judgment for injunctive relief that "defendants must conduct an uncorrupt investigation on the plaintiffs formal written complaint relating to sexual ...

Excerpt: ... on Defendant's service of substantially complaint responses prior to the hearing on this motion. Facts Common to (1) and (2) In this motor vehicle accident matter, Plaintiff served the complaint by substitute service on February 7, 2023 on Defendant J Abraham Bedoya Olivares and Defendant AB & Sons Enterprises. Defendant answered as Defendant J Abraham Bedoya Olivares doing business as AB & Sons Enterprises on August 23, 2023. Prior to the answe...

Excerpt: ...ng the 271 Property to Kissinger for a ten (10) year term with rent at $5,300.00 per month, plus triple net expenses such as utilities, property taxes, and other charges ("Sublease." ) (Complaint 96.) The second agreement was a written lease agreement for Plaintiff, as lessee, to lease property located at 247 N. L Street ("247 Property") to Kissinger for a ten (10) year term with rent at $2,900.00 per month, plus triple net expenses such as utili...

Excerpt: ...r ruling denying Caltrans's first motion for prejudgment possession, the court found Caltrans had failed to establish an overriding need for early possession, having merely restated fts initial project objectives, and had only made a perfunctory showing that it would suffer hardship if early possession was denied. Caltrans had submitted a supporting declaration asserting only that "[i]f the State is denied possession[,] the daily damages are esti...

Excerpt: ...hom the Trailer was purchased. Plaintiffs indicate they are "buyers" under California Civil Code S 2981(c) and S 1791(b). (Complaint 92.) Plaintiffs name Defendant FOREST RIVER, INC. (hereinafter "FOREST" and or "Defendant), as a manufacturer as defined by Civil Code SS 1791(j) and (l). (Complaint 93.) Plaintiffs name Defendant MAGIC TOUCH ("hereinafter 'MAGIC TOUCH'"), is a retailer as defined by Civil code S 1791(1). (Complaint "5, 7/) The comp...

Excerpt: ...ons that, in June 2017, Bell Carter solicited and obtained $1.25 million dollars from plaintiffs to protect their position as producers in the olive market; and that Bell Carter fraudulently concealed it was simultaneously engaged in negotiations with a large Spanish olive producer conglomerate, Dcoop, which culminated in Dcoop becoming the almost-exclusive supplier of olives to Bell Carter and the destruction of plaintiffs' position in the olive...

Excerpt: ...tmates approximately 578 proposed Class Members, providing an estimated average payout of $924.88. per member. The Class Members consist of: "All current and former hourly-paid or non-exempt employees employed by Defendant G & J Heavy Haul, Inc. ("Defendant") within the State of California at any time between July 8, 2018, through June 3, 2023." Plaintiff primarily alleged the following violations: (a) Labor Code sections 510 and 1198 (unpaid ove...

Excerpt: ...itioner Terra Bella Voice for Change filed its amended petition containing a single cause of action for violation of the California Environmental Quality Act ("CECA") as to the County of Tulare's ("County") approval of an addendum to the Terra Bella Community Plan Update Mitgated Negative Declaration on August 18, 2020 ("Addendum") and to set aside "any related findings, approvals, or other determinations made in reliance on the Addendum." (Amend...

Excerpt: ...d church-sponsored youth programs where Doe 5 was employed.. (Complaint "1 2, 3.) Demurring party Defendant Doe 1 is alleged to be a religious, non-profit corporation that concurrently hired, employed, oversaw, supervised, and controlled Doe 5. (Complaint "5, 19.) Plaintiff alleges Doe 1 owned, controlled, managed, oversaw, directed, and operated a variety of other services to its membership and others in the community including the youth mentors...

Excerpt: ...entification number, IGNSCCKCXFR221867 ("Vehicle"). On or about the same day, for valuable consideration, the Agreement was assigned to Plaintiff. (UMF No. 1.) Plaintiff's lien on the Vehicle was perfected with the State of California Department of Motor Vehicles. (UMF No. 1.) Plaintiff advanced the funds that were secured by the Vehicle pursuant to the Agreement, thus its performance of the Agreement was filled. (UMF No. 2.) On or about April 10...

Excerpt: ...y Defendant Jaidan Barajas. Plaintiff alleges parental liability against Defendant Angela Farias under Civil Code section 1714.1 Default as to these Defendants was entered on June 27, 2023. Defendants do not contest service of the summons and complaint. Defendants, on July 11, 2023, filed this motion for relief from default. Defendants instead indicate that Defendant Farias appeared at the case management conference on June 7, 2023 and indicates ...

Excerpt: ...er on February 8, 2021. (Complaint 91.) Plaintiff Kristen thereafter presented to Defendant Kaweah Health after waking up on February 10, 2021 with reported numbness and an inability to walk. (Complaint 92.) Plaintiff alleges that she was treated by Defendants Defendant Laurie Hagopian-Dresser, DO and Defendant Matthew Henschel, DO while admitted for four days at Defendant Kaweah. (Complaint 96.) Plaintiff Kristen alleges a single cause of action...

Excerpt: ...iner matter involves property located at 841 East Willow Avenue, Porterville, California 93257 ("Subject Property"). (Complaint 93.) The Court notes that the attachment to the complaint appears to indicate that this is an eviction after foreclosure sale. The form complaint used in this matter is expressly not for such actions under Code of Civil Procedure section 1161a. Additionally, the Court notes the complaint states one of the named Defendant...

Excerpt: ... all of which appear unrelated to rent. On May 16, 2023, Plaintiff filed a proof of service indicating personal service on Defendant Brown occurred on May 4, 2023. On May 17, 2023, this Court entered default and default judgment for possession only. On May 23, 2023, the writ of possession was issued. On July 26, 2023, Defendant filed an ex parte motion to vacate default judgment and/or stay the executon of the writ. On July 27, 2023, the Court st...

Excerpt: ...tter after Defendants' demurrer was sustained with leave to amend on July 10, 2023. The present motion is a single page followed by the proposed second amended complaint. Plaintiff's motion cites the federal rules of civil procedure. Authority and Analysis To start, Plaintiff's ex parte motion does not seek an order shortening time for the motion to be heard and Plaintiff fails to provide good cause for the basis for an ex parte motion. Second, t...

Excerpt: ... August 18, 2023; and the requests for sanctons are denied. Procedural History The relevant incident date is November 18, 2021. Plaintiff filed this motor vehicle personal injury case January 27, 2022. Defendant Davey Tree answered March 14, 2022. Trial was initially set March 20, 2023. Defendant's ex parte application to continue trial to August 21, 2023 was granted. Facts re: Protective Order Plaintiff sought to depose all three of Defendant's ...

Excerpt: ...Labor Code violations as well as wrongful terminaton in violation of public policy. On May 15, 2023, Defendant served Plaintiff with a notice of deposition setting the deposition for June 20, 2023, in person, at Defendant's counsel's office in Fresno. On June 8, 2023, Plaintiff served a notce of objection, which stated, in part, that Defendant unilaterally scheduled the deposition and that Plaintiff sought "reasonable accommodation" due to COVID-...

Excerpt: ..., 30, 38, 44, 51.) Defendant propounded discovery as to these damages and Plaintiff identified Dr. Nancy Doi as the physician who provided treatment for the injuries, was a witness and who treated him for the disabilities alleged in the operative complaint. Thereafter, Defendant sent an authorization to Plaintiff for signature permitting the release of various records from Dr. Doi. Plaintiff has thereafter refused to sign the authorization. Defen...

Excerpt: ... action for fraudulent inducement by concealment. Plaintiff alleges that on or about May 23, 2021, Plaintiffs entered into a warranty contract with Defendant GM regarding a 2021 Chevrolet Silverado 1500 vehicle identification number 3GCPYBEK4MG335020 (hereafter "Vehicle" or "Subject Vehicle"), which was manufactured and or distributed by Defendant GM. (First Amended Complaint ("FAC") 97.) Specifically, Plaintiffs allege the Subject Vehicle was ma...

Excerpt: ...t Amazon. Plaintiff alleges employment through Last Piece ü)gistics, LLC, a transportation company hired, retained and/or employed by Defendant Amazon to deliver packages to Amazon customers. (Complaint 'III.) Plaintiff alleges that the dog that bit him December 1, 2021, had previously attacked and injured a FedEx driver in 2020, generating a bite report for the dog, for the same residence, via Tulare County Animal Services. (Complaint 1121) Pla...

Excerpt: ...ucement — concealment. Plaintiffs filed a first amended complaint March 27, 2023. This matter involves Plaintiff's entrance into a warranty contract with GM regarding a 2019 Chevrolet Silverado 1500 ("Subject Vehicle") on or about August 3, 2019. (First Amended Complaint ("FAC") 97.) Relevant here to Defendant's demurrer and motion to strike as to the fifth cause of action for fraudulent concealment, Plaintiff alleges that the Subject Vehicle s...

Excerpt: ...laintiff's right hand the day of the accident, and at his deposition May 11, 2023. (Declaration of Kane "1 1, 2, 7.) Thereafter, on May 25, 2023, Plaintiff underwent an independent medical examination with Defendant's retained expert Mark Liker, M.D., a board certified neurosurgeon. The scope of the examination included: "The examination will be conducted to determine the nature and extent of Plaintiffs injuries and present physical condition. Th...

Excerpt: ...arded in favor of Taft, payable by Bhajal. Bhajal's request for a monetary sanction is denied. Motion for Summary Judgment The disputes between the parties, including this case and a preceding case between them concerning similar issues, has a long history, including multiple appeals. As narrowed to its present form, however, the case now solely concerns plaintiff Foster Taft's single cause of action to obtain his deceased father's medical record...

Excerpt: ...otorist based upon a motor vehicle accident against Defendants Guadalupe Trujillo De Fernandez and Antonio Fernandez. On December 20, 2022, Plaintiff filed proofs of service indicating personal service as to each Defendant had occurred on November 29, 2022. On March 20, 2023, default was entered. On June 8, 2023, Defendant Guadalupe Trujillo De Fernandez only filed this motion for relief from default. Although Defendant utilized a pre-printed mot...

Excerpt: ...ependent upon oxygen following a battle with COVID-19, caused Plaintiff to suffer amputation of multiple toes as a result of his treatment and care with Defendant. Defendant moves to compel this matter to arbitration based upon an "attestation of responsible party" whereby Veronica Hampton, Plaintiff's daughter, attested that she was the "responsible party" to sign the Admission Agreement on behalf of Plaintiff The Admission Agreement ("Agreement...

Excerpt: ...int no less than five (5) days from this hearing. (1) Facts This is a commercial unlawful detainer matter involving strictly the commercial property located at 13406 Road 23, Corcoran, CA 93212 and specifically limited to APN Nos. 291-020-029, 291-030-042, and 291- 030-043 (the "Leased Property") (FAC 95, fn 1 [excluding residential dwelling units located at 13406 Road 23 on other APN Nos. identified in the Notice at issue in this matter.) Plaint...

Excerpt: ...any other person). (Gov. Code, S 815; see 5 Witkin Sum. Cal. Law Torts (2023), S 267.) One source of statutory public entity liability is the Government Claims Act (Gov. Code, SS 810 et seq.), California's comprehensive public liability statutory scheme. As relevant here, section 815.2 of the Act provides that public entities are vicariously liable for the acts and omissions of their employees acting within the scope of their employment, provided...

Excerpt: ...tiff indicates she is the "manager" of the Subject Property. (Complaint 94) A three-day notice to quit ("Three-Day Notice") was served May 16, 2023 indicating there was no contract between Plaintiff, "Managing Company" and/or owner of the property for tenancy, verbal notice of trespass was given, the "Managing Company and Owner" demands deliver of possession of the premises and that fees to obtain possession will be sought in court. The complaint...

Excerpt: ...uant to the file stamped copy, on March 13, 2023. However, Plaintiff indicates that on December 30, 2022, it electronically submitted the application for renewal of judgment, but that the Court, on January 13, 2023 rejected the Application for and Renewal of Judgment stating that the "aka name" did not match with the Complaint. Plaintiff seeks to have the judgment renewed as of December 30, 2022 because of SB 1200 modifying the law regarding rene...

Excerpt: ...iff filed this complaint alleging a motor vehicle accident occurred between Plaintiff and Defendant Avelina Alcazar on June 25, 2021. At the time of the collision, Defendant provided an Oregon driver's license with the address 685 NE Garswood Terrace, Beaverton, OR. (Declaration of Lyndsie Russell ("Russell Decl.") 94.) Counsel for Plaintiff conducted a people search through Westlaw and obtained an updated address of 389 NE Natalie Street, Hillsb...

Excerpt: ... 5514. Defendant answered the complaint by checking 3(b) that states: "Defendant admits that all of the statements of the complaint or cross-complaint are true EXCEPT: (1) Defendant claims the following statements are false (use paragraph numbers or explain): The plaintiff has provideed (sic) no evidence this debt belongs to me. They have not provided an account number." Authority and Analysis When the moving party is the plaintiff, there is only...

Excerpt: ...judgment upon a sufficient showing or consider a motion for relief from the default. (Weil & Brown, Cal. Prac. Guide: Civ. Proc. Before Trial (Rutter Group 2022) '1 5:7 citing W.A. Rose Company v. Municipal Court for Oakland-piedmont Judicial District (1959) 176 Cal.App.2d 67, 72.) Defendants, for example, cannot defend these applications while in default and would have to move first for relief. In the Court's view, judicial efficiency is served ...

Excerpt: ...e), as set forth below; and (3) to extend the deadline for plaintiffs to respond to written discovery, with a limited-purpose extension of the discovery and discovery motion hearing cutoff dates to accommodate the requested extension without undue prejudice to Bell Carter. After multiple demurrers, this action by California olive grower plaintiffs has been narrowed to a single fraudulent concealment claim against Bell Carter. The order on the las...

Excerpt: ...roperty. A three-day notice to quit ("Three-Day Notice") was served February 22, 2023 indicating a breach of the lease as to maintenance of the property in a condition safe to self-wherein the pest control service deemed the defendants "unclean and cause of roach infestation." Additionally, Plaintiff, apparently on the same day, served a sixty-day notice to terminate the rental contract based on uncleanliness of tenant leading to the roach infest...

Excerpt: ...fornia Edison (SCE) "for state highway purposes." Caltrans seeks to acquire a portion of a parcel and an adjacent temporary easement on the same parcel for construction purposes. Caltrans moves for prejudgment possession under Code of Civil Procedure section 1255.410. SCE objects to the motion, contending the proposed taking will adversely impact the capacity of a drainage basin maintained for the benefit of the city of Tulare (for stormwater dra...

Excerpt: ...Subject Vehicle was manufactured and delivered to Plaintiff with a defective transmission. (First Amended Complaint ("FAC") "4, 11.) This action was filed August 11, 2022. Relevant here to Defendant's demurrer and motion to strike as to the fourth cause of action for fraudulent concealment, Plaintiff alleges that GM is "responsible for the distribution, service, repair, installation, and decisions regarding GM's Hydra-Matc 8L90 transmission or Hy...

Excerpt: ... "First Martinez Acton"). In the First Martinez Action, Plaintiff alleges that Saputo violated the California Labor Code based on alleged failure to pay minimum, straight time, and overtime wages, failure to provide meal and rest periods, failure to pay all earned wages twice per month, failure to maintain accurate records, failure to timely pay final wages at termination, failure to furnish accurate itemized wage statements, and failure to indem...

Excerpt: ...as to the status of the deposit. The Court does not intend to set a final approval hearing of this settlement until the funds are fully deposited. 1. Sufficiency of Amount of Settlement (Proposed Net Estimated: $211,000) The gross settlement amount is $350,000. Plaintiff estimates approximately 37 proposed Class Members, providing a proposed estimated average payout of $5,700 per member. The Class Members consist of: "All non-exempt dairy workers...

Excerpt: ...isting four causes of action under the Song-Beverly Act and a fifth for fraudulent inducement— concealment. Plaintiffs filed a first amended complaint January 9, 2023. This matter inwlves Plaintiffs' purchase of a 2014 Chevrolet Cruze ("Subject Vehicle") from an authorized dealer and entry into a warranty contract with Defendant GM on November 16, 2013. (First Amended complaint ("FAC") 6, 8.) Plaintiffs alleged that "Prior to purchasing Subject...

Excerpt: ...dance with Civil Code Secton 8048, on behalf of and at the request of Respondents Rodney Hughes and Patsy Hughes, 782 N. Brundage Ave, Farmersville, CA ("Subject Property") pursuant to a written agreement. (Petition "3, 12) Petitioner indicates that it filed and duly recorded the Mechanic's Lien on December 14, 2022 and this recordation occurred within 90 days following completion or cessation of work in accordance with Civil Code section 8460. (...

Excerpt: ...ke without leave to amend as to references to treble damages under Code of Civil Procedure secton 340.1 (b) and references to Department of Social Services Child Welfare Services Manual sections 31-320. Plaintiff's amended complaint alleges that Defendant County of Tulare placed Plaintiff in foster care where she was sexually abused by her teenage foster brother and the foster brother's girlfriend. (First Amended Complaint ("FAC") "1 10, 23, 24, ...

Excerpt: ... indicated on Defendant's answer. The Court's April 17, 2023 minute order reflects that the case was called at 9:09 in Department 2 in Visalia. At that point, Defendant had not appeared. Based on Defendant's non-appearance, the Court struck her answer. Plaintiff proceeded with trial in Defendant's absence and the Court, after hearing testimony and argument, entered judgment in fawr of Plaintiff for possession and a total of $4,825 in past due ren...

Excerpt: ... Interrogatories as to Defendant CVT, LLC; (6) Special Interrogatories as to Defendant CVT, LLC; (7) Requests for Admissions as to Defendant CVT, LLC; and (8) Requests for Production of Documents as to Defendant CVT, LLC; and for sanctions against Defendant CVT, LLC and their counsel of record. Tentative Ruling: To find motions (1) through (8) moot as a result of Defendant's supplemental responses; to sanction Defendant, and its counsel of record...

Excerpt: ... answer, filed January 5, 2023, does not deny the allegations and Defendant's attachment to the answer admits Defendant owes the principal debt to Plaintiff. Plaintiff, on this basis, moves for judgment on the pleadings and recovery of its costs totaling $353.50, for a total judgment in the sum of $1,589.33. Plaintiff's proof of service indicates service of this motion by mail on the address indicated on Defendant's answer. Authority and Analysis...