Excerpt: ...f Civil Procedure section 946.6(e) . Fa ct s Petitioner seeks relief from the claims presentation requirement via this petition as to causes of action for negligence and premises liability that accrued September 5, 2022. The Court notes that Petitioner filed an Amended Petition on April 8, 2024 by stipulation that appears to add the Housing Authority of Tulare as an additional Respondent . The Amended Petition states that Petitioner was injured w...

Excerpt: ... at 6802 Avenue 120, Tipton, CA and owned by Defendant Bosman Dairy, LLC. (“Bo s m a n ”) (F AC ¶ 7 .) Plaintiff further alleges Bosman and Revel Energy LLC (“Revel”) entered into an agreement for which Revel agreed to act as a general contractor. (FAC ¶ 8.) Plaintiff then alleges that “In January 2020, In January 2020, Plaintiff and Revel entered into a written subcontract in which Plaintiff agreed to supply solar technology and mate...

Excerpt: ...med admitted as follows : (1) Rita M Pena had a credit account number 9051 issued by JPMorgan Chase Ba n k, N .A . (2) Rita M Pena received periodic statements regarding credit account number 9051 issued by JPMorgan Chase Bank, N.A. , (3) As of September 11, 2023, the balance owed by Rita M Pena on credit account number 9051 was $5,615.94, (4) No payments have been made on credit account number 9051 issued by JPMorgan Chase Bank, N.A. since Septe...

Excerpt: ...o P r o v id e Re s t P e r io d s ; 5 . W a it in g Time Penalties ; 6. Wage Statement Violations; 7. Failure to Timely Pay Wages; 8. Fa ilu r e t o In d e m n if y ; 9 . Vio la t io n O f La b o r Co d e § 2 2 7 .3 1 0 . Un f a ir Co m p e t it io n . D u r in g lit ig a t io n o f t h is c a s e , P la in t if f w a s m a d e a w a r e o f a n a r b it r a t io n agreement. Plaintiff apparently voluntarily agreed to arbitration and, in connec...

Excerpt: ...action on behalf of himself and others similarly situated under the Labor Code, Business and Professions Code and under the PAGA statute . Plaintiff named Defendants A.C. Foods, Inc, Suntreat, Legacy Packing and Cold Storage, Insight Staffing Solutions, Inc. and Does 1 through 10 in the operative c o m p la in t . O n Fe b r u a r y 1 5 , 2 0 2 4 , P la in t if f d is m is s e d A.C. Fo o d s , In c . On January 26, 2024, Plaintiff amended the co...

Excerpt: ... been entered . On April 12, 2024, Plaintiff filed this motion seeking to enforce a settlement purportedly made between the parties. In support, Plaintiff filed the declaration of one of the partners of Plaintiff who attaches a true and correct copy of settlement agreemen t executed by Eduardo Martin as President of Defendants MJ Brothers, Inc. and Triple M Custom Chopping and Manure Spreading, Inc and by More no as part ne r of Plaint iff. (De c...

Excerpt: ...ct s This unlawful detainer matter, concerning residential property located at 1200 S. Aster Avenue, Lindsay, CA 93247 (“Subject Property”), was filed April 2, 2024. On Ap r il 5 , 2 0 2 4 , P la in t if f f ile d p r o o f s o f s e r vic e in d ic a t in g s u b s t it u t e s e r v ic e o n Defendants D e n is a n d J e a n Bo n if illio v ia “J O H N D O E. Ag e : 4 0 ; Et h n ic it y : Caucasian; Gender: Male; Weight 225; Height: 5'...

Excerpt: ...e complaint p urports, but does not actually, attach a Bill of Sale from Comenity Bank as Exhibit A. Comenity Bank appears to be the third party initial owner of the credit account at issue . On February 23, 2024, Defendant filed this motion to compel arbitration. The motion states that the “contract referenced in the complaint filed with the court contains a binding arbitration provision mandating that any and all disputes be r e s o lv e d in...

Excerpt: ...lement (Net Estimated: $109,509) The gross settlement amount is $270,000. Plaintiff estimates approximately 51 proposed Class Members, providing an estimated average payout of $2,147.23 per member. The Class Members consist of: all persons who have been, or currently are, employed by Defendant in California as hourly non- exempt employees during the period beginning February 10, 2019 through a date to be determined by the Co u rt The operative co...

Excerpt: ...ce seeks rents of $440 for the month of December 2023 plus $990 per month for the months of January, February, and March 2024. The Not ice furt he r contains “Late Charges of $525. ” On April 29, 2024, Defendant demurred to the complaint arguing that the Notice does not support the unlawful detainer cause of action because it impermissibly includes late fees in violation of Code of Civil Procedure section 1161(2) . Authority and Analysi s A d...

Excerpt: ...or various violations of the Labor Code and unfair business practices under Business and Professions Code section 17200 against Defendant Kaweah Container, Inc . Plaintiff's complaint currently does not contain a cause of action under the Private Attorney General Act (PAGA) . O n M a r c h 2 6 , 2 0 2 4 , D e f e n d a n t f ile d a p e t it io n t o c o m p e l a r b it r a t io n a n d d is m is s the class action claims. In support, Defendant ...

Excerpt: ...t r ic t H o s p it a l d b a Sierra View Medical Center and, and others . Plaintiff alleges negligent medical care occurred during his hospitalization in April 2017 (FAC ¶ ¶ 2,3.) Specifically, Plaintiff alleges that the Defendants negligently left a foreign object (gauze) in his chest during the course of the care provided to hi m a t s o m e p o in t b e t w e e n h is h o s p it a liza t io n in Ap r il o f 2 0 1 7 a t Sie r r a Vie w Distr...

Excerpt: ...tive Ruling: (1) To deny the motion as untimely; (2) To grant the motion and award $7,692 in fees and $1,741.56 in costs; (3) To grant the motion and award $2,237.15 in fees and $378 in costs; (4) To Deny the Motion (1) Robert Hart's Motion for Reconsideration re: Motion to Compel Responses to Post Judgment Discovery Fa ct s On November 28, 2023, this Court granted Plaintiff Beth Hart's motion to compel initial responses to post judgment interrog...

Excerpt: ... survival . Plaintiffs allege that Decedent was, on or about September 10, 2022, at the approximate hour of 9:10 p.m., crossing the street at East Springville Avenue and South Connor Street when Defendant Jason Malcom, operating a vehicle, struck Decedent as he was cr ossing the street after purchasing a bottle of vodka “which he would do every night from Defendants, MAHERALI, INC., BOB'S TINY M ARKET a k a BO B'S TIN Y M ART, ABRAH AM VASQ U E...

Excerpt: ...sions of Defendant “Ervin Prieto” so that the judgment is against “Ervin Prieto” “R & P F a r m s ” “Er v in Ru d y P r ie t o ” a n d “Er v in R. P r ie t o . ” In support, Plaintiff's own declaration indicates that he utilized the name “Ervin Prieto” in the complaint filed in this matter because the name “Ervin Prieto” appeared on the underlying contract between the parties that formed the basis of t h is d is p u t ...

Excerpt: ...m of costs prior to judgment being entered in this matter. Defendant filed its motion to strike costs exclusively based on the argument that a memo r a n d u m o f c o s t s is t o b e f ile d b y a p r e v a ilin g p a r t y “w it h in fifteen (15) days after the date of service of the notice of entry of judgment or ... the date of service of written notice of entry of judgment or dismissal, or within 1 8 0 days aft e r e nt ry of ju dgment, w...

Excerpt: ...5, 2023, Plaintiff filed a notice of conditional settlement of this matter, and set an intended dismissal request date for May 1, 2024. This matter has not been dismissed . On April 2, 2024, Plaintiff filed a motion to enforce settlement pursuant to Code of Civil Procedure section 664.6 . On September 25, 2023, Plaintiff and Defendants (“the Parties”) entered into a valid and binding Confidential Settlement Agreement and Release of All Claims...

Excerpt: ...Property was untenantable because of the failure of Defendants, and each of them, to repair conditions of the Property which have rendered it untenantable pursuant to Code of Civil Procedure Section 1941.1 and substandard pursuant to Health and Safety Code Section 17920.3 and 17980. (Co m p la in t ¶ 7 .) P la in t if f a lle g e s f a ilu r e t o p r o v id e a h a b it a b le d w e llin g , b r e a c h o f covenant of quiet enjoyment, private ...

Excerpt: ...e subject Cheverolet [sic] Vehicle #1 northbound on SR= -63 (Road 128) at approximately 40 mph when all of a sudden a horse entered the middle of the roadway toward the subject vehicle, which caused Mr. Ruela s to collide into the horse. At the scene, Martin Rojas (Defendant) was contacted by officer G. Robledo (ID NO. 019543) and stated to officer Robledo that he (Mr. Rojas) had horses in the corral where the subject horse came from. It is alleg...

Excerpt: ...ger 435 tractor bearing product id e n t if ic a t io n number ZAF11829. Plaintiffs filed this action under claims of p r o d u c t lia b ilit y a n d n e g lig e n c e c la im s . On July 5, 2023, Defendant, CNH Industrial America LLC, filed their answer. On July 10, 2023, Defendant, Linder Equipment Co., filed their answer. On March 8, 2024, Defendant and moving party CNH Industrial N.V. filed this motion to quash. Authority and Analysis “Whe...

Excerpt: ...of $410, due no later than thirty (30) days from the date of this hearing . Fa ct s This is an action for breach of warranty, Song -Beverly, Consumer Legal Remedies Ac t , a n d Un f a ir Co m p e t it io n in v o lv in g a s o la r p u r c h a s e b y P la in t if f in 2 0 1 5 , various representations made thereof, and the assignment of Plaintiff's solar loan, and servicing o f Plaintiff's solar system, to various named Defendants, including De...

Excerpt: ... hearing for the purpose of scheduling a date for the mandatory settlement conference and a trailing date for continued h e a r in g o n p la in t if f Ta f t 's m o t io n . It appears, based on plaintiff Taft's pleadings and the prior records of this action, that Taft has already been provided with all the records he seeks in this action f r o m t h ir d -party Boston Scientific. Indeed, Taft contends there is no triable issue re ma ining on hi...

Excerpt: ...8, 12, 13. ) The Court, having denied Plaintiff's motion for leave to amend, evaluates the motion based upon the operative complaint alleging abuse occurred in 1981. “The p le a d in g s p la y a ke y r o le in a summary judgment motion. The function of the p le a d in g s in a m o t io n for summary judgment is to delimit the scope of the issues and to frame the outer measure of materiality in a summary judgment proce e ding.” ( Hu t t o n v...

Excerpt: ...nt alleging that, on August 16, 2022, a vehicle struck and injured him as he was walking in a marked crosswalk. Plaintiff sued, amongst others, the City of Tulare . On July 5, 2023, the City filed an answer including immunity defenses under Government Code sections 815.2(b) and 820.8 . The City now seeks to file an amended answer that adds immunities under — Government Code sections 830.4, 830.6, 830.8, 831.4 and 835.4(b) . The City has include...

Excerpt: ...tion under Section 340.1 of the Co d e o f Civ il P r o c e d u r e b y f ilin g h e r Co m p la in t . Under the then operative version of Code of Civil Procedure section 340.1, this action appears initially timely filed under the revival term of subsection (q). (“Notwithstanding any other provision of law, any claim for damages described in paragraphs (1) through (3), inclusive, of subdivision (a) that has not been litigated to finality and t...

Excerpt: ...erence with prospective economic advantage, breach of implied d u t y o f g o o d f a it h a n d in t e n t io n a l in f lic t io n o f e m o t io n a l d is t r e s s a g a in s t Defendant California Department of Developmental Services, California governmental agency. (Complaint ¶ 2. ) The complaint is based upon a settlement agreement between Plaintiff and Defendant after Plaintiff was dismissed on July 21, 2015 from his position with Defen...

Excerpt: ...in c r im in a l c a s e n o . VCF4 3 8 1 7 7 Un d e r lyin g Cr im in a l Ca s e - VCF438177 On February 21, 2023, Ramirez was arraigned on the complaint in and the bond was posted by the defendant in this case. On March 24, 2023, Ramierz appeared in court and was notified of the April 20, 2023, court date. On April 20, 2023, Ramirez failed to appear in court and the Court issued but stayed a bench warrant in the amount of $60,000. The Court, ho...

Excerpt: ...a motion to enforce a settlement p urportedly made at the mediation . Given the lack of a settlement in this case, Plaintiffs seek to restore a trial date . The trial date came off the Court's calendar when Plaintiffs, on January 23, 2024, filed a notice of conditional settlement of entire case. However, counsel for P la in t if f s in d ic a t e s t h e f o llo w in g , a s t o m is t a ke , in a d ve r t e n c e , s u r p r is e o r excusable n...

Excerpt: ... various issues with the notice period, calculation of the lodestar, presently incurred costs, notice to the LWDA of the settlement. On March 29, 2024, Plaintiffs filed supplemental d e c la r a t io n in support of preliminary approval, which the Court will examine b e lo w . Cla s s N o t ic e Objections or opt out notices are now to be made within 60 days. The Court re gularly approve s not ice pe riods of 60 days or longe r. The class notice ...

Excerpt: ...is matter is set April 29, 2024. On April 12, 2024, Plaintiff filed a motion to file a first amended complaint. The h e a r in g d a t e f o r t h is m o t io n is s e t J u n e 4 , 2 0 2 4 . On April 15, 2024, Plaintiff filed this ex parte motion to shorten time to hear the motion for leave to amend prior to the trial date. The Court then set this motion for the present hearing date. The issue apparently stems from a disagreement as to jury inst...

Excerpt: ...l of class action and PAGA settlement, attorneys' fees, costs, enhancement award, LWDA payment and class certification for settlement purposes came on for hearing on April 23, 2024. The Court finds a n d r u le s a s f o llo w s : On Mach 29, 2024, the settlement administrator IYLM, through its Case Manager, filed a declaration detailing the following events. On December 29, 2023, the administrator received a mailing list of 157 potential class m...

Excerpt: ...�Es t a t e o f J u lio M o r e n o Va lle (D e c e a s e d )” (2 ) “F id e lin a Va lle Re y e s , in d iv id u a lly …” and (3) “Fidelina Valle Reyes…as representative of the Estate of Julio Moreno Valley.” The complaint alleges the Decedent died after striking a metal cable connected to p o s t s is a d im ly lit a r e a w h ile r id in g a n a ll -terrain vehicle. (Complaint at Page 4.) Plaintiffs allege the incident occurred at...

Excerpt: ...fied complaint . Defendant now brings a motion entitled “motion to sell real property.” The motion provides no statutory authority. The motion provides no documentary or testimonial evidence. The Court has only the arguments of counsel in the memorandum of points and autho rities which states “Defendant is agreeable” to the sale . In opposition, Plaintiff argues this motion is procedurally improper . Authority and Analysi s As noted above...

Excerpt: ... ve h ic le d r iv e n b y Defendant Tucker, causing Plaintiff's vehicle to stop on the roadway. Moments la t e r , P la in tiff's vehicle was struck a second time by Defendant Gonzales - Martinez . Defendant Gonzales -M a r t in e z s e e ks t o b if u r c a t e t h e t r ia l in t o lia b ilit y a n d damages phases under Code of Civil Procedure sections 598 and 1048(b) . In support, Defendant Gonzales -Martinez does not dispute that Plaintiff ...

Excerpt: ...iler accident. Defendants Sandoval Crespo and Herrera present the following facts in support of their theory on summary judgment that Defendant Lagula's conduct, described below, is a superseding cause under Schrimscher v. Bryson (1976) 58 Cal.App.3d 660 and prevents liability from attaching to these moving Defendants . At the time of the incident, Defendant Lagula was driving under the influence in violation of Vehicle Code section 23152 and thi...

Excerpt: ...val of class action and PAGA settlement, attorneys' fees, costs, enhancement award, LWDA payment and class certification for settlement purposes came on for hearing on April 22, 2024. The Court finds and rules as follows: On Mach 28, 2024, the settlement administrator Phoenix, through its Case Manager, filed a declaration detailing the following events. On January 23, 2024, the administrator received a mailing list of 265 potential class members ...

Excerpt: ...rved by substitute service or about March 16, 2024. On April 4, 2024, default judgment was entered and the writ of possession was issued . On April 15, 2024, Defendant Cortez filed this ex parte motion to set aside the default or stay the execution of the writ of possession . In support, Defendant notes no responsive pleading was filed because Defendant “talked to landlord and was told to send [money] through mail and we can stay in home so I s...

Excerpt: ...gligence by Defendant that resulted in sexual abuse by Gustavo Zamora, who served as the pastor at the church Plaintiff attended . Trial in this matter is set April 29, 2024 . O n Ap r il 1 2 , 2 0 2 4 , P la in t if f f ile d a m o t io n t o f ile a f ir s t a m e n d e d c o m p la in t . Th e hearing date for this motion is set June 4, 2024. On April 15, 2024, Plaintiff filed this ex parte motion to shorten time to hear the motion for leave t...

Excerpt: ...ion and PAGA settlement, attorneys' fees, costs, enhancement award, LWDA payment and class certification for settlement purposes came on for hearing on April 15, 2024. The Court finds and rules as follows: On Mach 22, 2024, the settlement administrator Phoenix, through its Case Manager, filed a declaration detailing the following events. On December 8, 2023, the administrator r e c e iv e d a m a ilin g lis t o f 9 2 2 p o t e n t ia l class memb...

Excerpt: ...ry judgment . The motion for summary judgment was set for May 20, 2024. The City appears to recognize the issue with this hearing date and has filed this ex parte motion to “specially set a later hearing date” on the motion. As to the May 20, 2024 hearing date, counsel's declaration in support of the ex parte motion states “This office called the Court's clerk on April 4, 2024 to reserve a hearing on the MSJ. The latest date the clerk would...

Excerpt: ...s action and PAGA settlement, attorneys' fees, costs, enhancement award, LWDA payment and class certification for settlement purposes came on for hearing on April 15, 2024. The Court finds and rules as follows: On Mach 21, 2024, the settlement administrator Apex, through its Case Manager, f ile d a d e c la r a t io n d e t a ilin g t h e f o llo w in g e v e n t s . On November 27, 2023, the administrator r e c e iv e d a m a ilin g lis t o f 4 ...

Excerpt: ...30,000. Plaintiff estimates approximately 90 proposed Class Members, providing an estimated average payout of $1,992.04 per member. The Class Members consist of: “All individuals employed by Defendant in California and classified as non- exempt at any time during the period between August 12, 2022 through the date upon which the Court grants preliminary approval of this settlement.” The operative complaint alleges causes of action for : (1) f...

Excerpt: ...ed petition. Case manageme nt Conference is continued to June 6, 2024; 8:30 am; D1 . Fa ct s P e t it io n e r / P la in t if f is t h e Bu ild in g In d u s t r y As s o c ia t io n Tu la r e Kin g s Co u n t ie s , In c ., hereafter “BIATKC,” is a California nonprofit corporation that works to provide se rvice s, ne t working and re source s t o all builde rs, de ve lope rs, cont ract ors and associate d businesses in the building industry ...

Excerpt: ...lo o r in f ill p r o je c t . Kaweah alleges claims for breach of contract and professional negligence. The basis of the claims is that Christiansen omitted certain required fire safety implements in project design plans. Ch r is t ia n s e n c r o s s -complains against Kaweah, contending the California Building Code, as constituted when he submitted his designs, did not require the fire safety implements Kaweah alleges were omitted. Christians...

Excerpt: ... g a cause of action for medical malpractice on behalf of Michael Rice and a claim for loss of consortium on behalf of Martha Rice against defendants, including moving p a r t y Tu -H i H o n g, M .D . (UMF N o . 1 , 1 4 ) Plaintiffs generally allege that Dr. Hong was negligent and failed to provide informed consent in connection with a shockwave lithotripsy procedure performed by Dr. Hong at Kaweah Delta Medical Center on February 18, 2022. (UMF...

Excerpt: ...and correct copy of the settlement agreement. The Court continued the matter to this date. On March 26, 2024, an amended motion filed that attaches the settlement agreement. The Court , t he re fore , rule s as follows: 1. Sufficiency of Amount of Settlement (Proposed Net Distribution to Employees: $15,330.75) The gross settlement amount is $147,860. Plaintiff estimates approximately 245 aggrieved employees, consisting of “all current and forme...

Excerpt: ...t amended complaint alleges that Golden State “was and is legally responsible in some manner for the events, happenings, and/ or tortious and unlawful conduct that caused the injuries and damages alleged in this Complaint” and “provide d child we lfare , child prote ct ive and childcare se rvice s t o Plaint iff by contracting with COUNTY and/ or otherwise undertaking such foster care services to children who needed them, inc lu d in g P la...

Excerpt: ...rbitration related to a November 28, 2020 motor vehicle accident (“MVA”) involving Claimant, Mont e ne gro, and a third -party driver named Nely Gamino Victoria on State Route 4 3 (Ce n t r a l Va lle y H ig h w ay) and Avenue 56 in an unincorporated part of Tulare County . Claimant had an uninsured and under insured motorist policy with State Farm company with policy limits of $100,000. The policy required the parties to arbitrate their disp...

Excerpt: ...mplex by the Los Angeles Superior Court. The parties in this matter stipulated to transferring this matter to Tulare County on April 20, 2022 . Thereafter, Defendant filed a motion to compel arbitration. This Court granted the motion in part, compelling the individual Labor Code claims to arbitration, dismissing the class action claims pursuant to the arbitration agreement and de nying t he mo t io n a s t o t h e P AGA c la im s , b o t h in d i...

Excerpt: ...ant Amanda Taylor. (UMF No. 1.) The daycare operation was located at 3324 West Sunnyside Avenue, Visalia, California. (UMF No. 14.) That prope rt y i s owned by defendant and moving party Tracy Ferreira. (UMF No. 15.) Defendant Amanda Taylor resides at that home, co -pare nt ing t he ir minor daughte r wit h Mr. Fe rre ira. (UMF No. 16. ) The operative complaint asserts a cause of action for “wrongful death sounding in negligence” by plaintif...

Excerpt: ...viving spouse of Decedent Joanne Akpkarian -Souza (“Decedent”), alleges negligence based on the passing of Decedent on January 29, 2023 . The complaint was served December 28, 2023 . Plaintiff named Defendants “Kaweah Health Medical Group” and “Kaweah Health Medical Center.” (as well as Joseph Ford, D.O.) (Complaint. ) On December 28, 2023, “Defendants, KAWEAH DELTA HEALTH CARE DISTRICT dba KAWEAH HEALTH MEDICAL GROUP and KAWEAH HEA...

Excerpt: ...unlawful detainer matter, Plaintiff indicates personal service on Defendant Garcia was made on March 5, 2024. Default judgment was entered March 21, 2024 and the writ of possession issued the same day . On April 2, 2024, Defendant Garcia filed this ex parte motion to set aside default and/ or stay execution of the writ . In support of the motion for relief, Defendant provides no factual bases in support of the claim of mistake . As to the stay re...

Excerpt: ...”); on September 30, 2022 D efendant opened an American Express Bonvoy Brilliant Amex Card Account with a current account number, last four digits 2004 (the ''2004 Account'') (collectively ''the Accounts'') (UMF Nos. 1, 12. ) The terms and conditions for use of the Accounts are governed by Cardmember Agreements. (UMF Nos. 2, 13. ) American Express sent Defendant a copy of the Cardmember Agreements along with the ...

Excerpt: ... arbitrator be confirmed by this Court . Plaintiff subsequently filed for arbitration with the AAA. An arbitration hearing was held between Plaintiff and Defendants on October 17, 2023 . On or around November 7, 2023 the Arbitrator John C. Lautsch rendered the “Final Award” which named Plaintiff the prevailing party, granted Plaintiff damages in the amount of $3,500, and attorney's fees in the amount of $27,748.55, and indicated that “shou ...

Excerpt: ...LSE judgment to the Tulare Superior Court on February 9, 2018 . Defendants, in compliance with Labor Code section 98.2(b), filed an undertaking in cash in the amount of $72,377 . Trial was held in March 2019. The Court found a lack of an employer/employee relationship, entered judgment on all claims of Plaintiff and ordered the bond released. This Court signed the proposed judgment and proposed order for release of the bond on April 15, 2019. The...

Excerpt: ...lder abuse, neglect of elder, Penal Code section 496, conversion, intentional infliction of emotional distress, breach of fiduciary duty, negligence, fraudulent transfer and claim and delivery . On March 19, 2024, Plaintiffs filed for a temporary protective order on an ex parte basis as well as a right to attach order and order for issuance of writ of attachment on a noticed hearing. The Court set the ex parte temporary protective order for this ...

Excerpt: ... 31 -401 et seq.; and as to any duty arising under the CANRA, and, as to all other issues of duty raised by the plaintiff's complaint, is denied. The Court has not considered the additional evidence submitted by County's in its reply. San Diego Watercraft v. Wells Fargo Bank (2002) 102 Cal. App 4 th 310 In this action plaintiff alleges negligence, on the part of the County of Tulare (County) in one cause of action, and on the part of Koinonia Fos...

Excerpt: ... as to wrongful eviction as to Defendant Rogers . Fact s Plaintiff filed this matter September 25, 2023. Plaintiff's causes of action are stated as intentional tort and wrongful eviction, which appears to further allege conversion of Plaintiff's personal property . Plaintiff alleges the following : “ON OR ABOUT 09/24/2021, DEFENDANTS AND EACH OF THEM, WRONGFULLY EVICITED PLAINTIFF FROM HER PROPERTY LOCATED AT 33111 ROAD 160, IVANHOE, CALOFRNIA ...

Excerpt: ... no later than ten (10) days from the date of this ruling . Fact s In the third amended complaint, Plaintiff alleges eleven causes of action for discrimination, retaliation, failure to provide reasonable accommodation, failure to engage in interactive process, failure to prevent discrimination or retaliation, interference with CFRA leave, CFRA leave retaliation, violation of Labor Code sections 233, 246.5, and 1102.5, wrongful termination of empl...

Excerpt: ...counsel for both parties that some, but not all, issues on these discovery motions have been resolved . The Court has reviewed the supplemental declarations filed by counsel . Defendant's counsel indicates that, while contact has been recently made with Defendant, Defendant remains homeless and without the documents or information necessary to respond to the discovery . Plaintiff's counsel provides the following as to the remaining issues : Reque...

Excerpt: ...or penalties under Labor Code sections 210, 226.3, 558, 1174.5, 1179.1 and 2699 against Defendants Best Buy Warehousing Lo g i s t i c s , LLC , B e s t B uy Stores, L.P., and Jesus Vargas . On April 4, 2023, Defendants filed a motion to compel arbitration and stay this matter . On May 9, 2023, the Court, pursuant to the arbitration policy presented by Defendants and Vikin g Rive r Cruises, Inc. v. Moriana (2022) 142 S.Ct. 1906, ordered Plaintiff...

Excerpt: ... 9, 2021 while attending classes at Milan's campus in Visalia. P la in t if f a lle g e s t h a t w h ile w a lkin g t o h e r v e h ic le in t h e p a r kin g lo t , P la in t if f stepped into an empty planter bed, rolled her ankle, and fell due to a hazard posed by exposed, unguarded irrigation equipment. Plaintiff alleged a single cause o f a c t io n f o r p r e m is e s lia b ilit y . P la in t if f n o w s e e ks t o f ile a n a m e n d e ...

Excerpt: ...s otherwise indicated, are undisputed . On or around August 2021, Plaintiff Ms. Godinez (“Plaintiff” or “Ms. Godinez”) started working as a cashier in the Visalia store. (UMF No. 1. ) W a lm a r t s t a t e s t h a t it s Vis a lia s t o r e r e q u ir e d c a s h ie r s t o c h e c k id e n t if ic a t io n o n a ll alcohol purchases. (UMF No. 2.) Walmart also states that its written policy entitled “Selling Alcohol & Tobacco Products ...

Excerpt: ...dure section 946.6(e) . Fa ct s Petitioner seeks relief from the claims presentation requirement via this petition as to causes of action for negligence and premises liability that accrued September 5, 2022. The petition states that Petitioner was injured when the roof of her apartment located at or near 13 North N Street #134, Tulare, California 93274 (“Subject Property”) suddenly fell and landed on Petitioner's person. Petitioner indicates ...

Excerpt: ... presented at the hearing; Counsel may appear in any manner; the Court notes that it issues no ruling as to Respondents State of California and County of Tulare based upon a lack of proper service of the Petition on these Respondents . Background Fact s The Court continued this matter previously and sought supplemental facts underling the calendaring error claimed as the basis for this petition. The Court is in receipt of Plaintiff's counsel's de...

Excerpt: ...echanic's lien claimant, on July 12, 2023 in Case No. VCU304838, In the Matter o f B o s m a n D a i r y , LLC . This petition was filed expressly under Civil Code section 8480 and was initially set for February 14, 2024. Respondent, prior to the filing of the petition at issue here, filed a complaint for foreclosure of the July 12, 2023 mechanic's lien, amongst other causes of action, in Case No. VCU302514 - R P C o n s t r u c t i o n S e r v i...

Excerpt: ...lawful detainer matter involving property located at 215 Plum Street, Exeter, CA, 93221 (the “Subject Property”), Defendant and moving party Jessica Juarez answered the complaint February 8, 2024 . This matter proceeded to trial on March 18, 2024. At 8:21 am on March 18, 2024, the Court received an email advising that Defendant Juarez was running late, but that she did not provide a estimated time of arrival or contact in f o r m a t io n . T...

Excerpt: ... presently incurred costs. On February 29, 2024, Plaintiff filed a supplemental declaration and points and authorities addressing these issues, as detailed below. Cla s s N o t ic e 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 notice with the settlement administrator. Objections or opt out notices are now to be made within 60 da...

Excerpt: ...Kaweah”) for elder abuse and neglect under Welfare and Institutions Code section 15600, et seq., violation of resident rights under Health and Safety Code section 1430(b) and for negligence based upon his admission to and care at Defendant's various facilities. Plaintiff also asserted these causes of action against a number of Doe Defendants . Plaintiff alleged, at the age of 67, he was admitted to Kaweah's general acute care hospital after hav...

Excerpt: ... the tentative decision, you may notify the court by email to [email protected]. Please include the hearing date, the case name and case number in the message. You must include all counsel and self -represented parties on your message. The court will not respond to your email. Do not use this email address for any other purpose without the court's express permission. Do not include the court in any email communications between cou...

Excerpt: ...a PMQ witness as to Categories 1- 4, 7 and 10. Plaintiff sought to schedule a mutually convenient date for the agreed upon deposition, but Defendant apparently failed to respond with available dates. Plaintiff now brings this motion to compel GM's production of a witness as agreed upon above and to hold the deposition within ten (10) days. In opposition, GM seeks to support its objections to the other categories for which it did not agree to prod...

Excerpt: ...Property”), is based upon a three day notice to pay rent or quit (“Notice”). The Notice, dated January 29, 2024 and attached as an Exhibit to the complaint, seeks $700 in past due rent from December 20, 2023 through January 20, 2024. The notice provides that the past due rent may be paid to Plaintiff Rivera, in person, Monday throu gh Friday, 8:00 am through 3:00 pm, but does not provide an address or location to make the past due rent paym...

Excerpt: ...endants Blue Moon, Gorzeman and Lanell; Plaintiffs shall have ten (10) days to file an amended complaint as indicated herein; (2) To deny the motion to strike as to Nos. 1, 2 and 3; To grant the motion to strike as to Nos. 4 and 5, with leave to amend. Plaintiffs shall have ten (10) days to file an amended complaint as to the punitive damages issue . Facts Common to (1) and (2 ) Plaintiffs are the surviving son and wife of Decedent Jorge Gonzalez...

Excerpt: ...ual assault, sexual battery, retaliation and wrongful termination arising out of her former employment as a mental health professional for Defe ndant California Forensic Medical Group dba Wellpath. (“Defendant Wellpath”) . Plaintiff alleges that Defendant Polach made sexual comments and jokes about Plaintiff, but that Defendant did not consider this harassment because both parties are women. (Complaint ¶ ¶ 9, 10.) Plaintiff further alleges ...

Excerpt: ... adjudication in their entirety; (3) To set the motion March 25, 2024; to order any opposition filed and served no later than March 20, 2024 and any reply to be filed and served no later than Mar ch 22, 2024. (1 ) a n d (2 ) This lawsuit arose when plaintiff Dominga Tabutol sued defendants Pacific Property & Casualty Company (Pacific) and American National Insurance Co m p a n y (AN IC) a lle g in g t h e ir r e s c is s io n o f h e r r e n t a ...

Excerpt: ... the Court will not entertain this combination demurrer, motion to deem Plaintiff a vexatious litigant and for “return of fees.” The Court will adjudicate demurrer of Defendant Singh Sr, the only moving party . Any issue as to costs and recovery thereof are not at issue on this demurrer and, absent other circumstances not applicable here, are properly recovered upon final a d ju d ic a t io n o f t h is c a s e . As to complex designation, th...

Excerpt: ...ny, seeks to recover sums paid to its insured through the alleged responsible Defendants, Jason Curiale and Mary Padovich. Plaintiff filed proofs of service on August 14, 2023 indicating personal service on P a d o v ic h a n d s u b s t it u t e s e r v ic e o n Cu r ia le o c c u r r e d in J u ly 2 0 2 3 . On January 10, 2024, default was entered in favor of Plaintiff. On January 26, 2023, default judgment was entered in the amount of $12,788....

Excerpt: ... October 9, 2021 and caused damage to Plaintiffs' property located next door to the Defend ant's property. P la in t if f s f ile d t h is c o m p la in t o n O c t o b e r 6 , 2 0 2 3 . Plaintiffs allege they are owners of 805 S. Court Street and that Defendant is the owner of 807 S. Court Street. (Complaint ¶ ¶ 8, 9. ) As to negligence, the complaint alleges a 2020 fire at the 807 S. Court address and June or July 2021 renovation of the 807 S...

Excerpt: ...of recovery of costs, is the prevaili ng part y. Plaintiff, on January 5, 2024, provided notice of entry of the above referenced ju d g m e n t b y e m a il. Plaintiff, on January 22, 2024, filed their memorandum of costs on MC -1 0 , seeking to recover $49,228.76 as follows: Co s t Amount Ch a lle n g e b y Defendant? 1. Filing and Motion Fees $645.00 Ye s 2 . J u ry Fe e s $912.29 No 4. Deposition costs $11,1175.64 No 5. Service of Process $190...

Excerpt: ...tion to “permit Plaintiff to file an amended complaint substituting the Defendants' names in place of their f ic t it io u s (D o e ) d e s ig n a t io n . ” The Court, on January 5, 2023, however, denied the motion, stating : “Here, the Court has further reviewed in camera the certificate of corroborative fact executed by Plaintiff's counsel. […] However, Plaintiffs' counsel, in the Court's opinion, fails to state the source of any of th...

Excerpt: ... t h is p u t a t iv e c la s s a c t io n o n D e c e m b e r 1 4 , 2020. Ultimately, the Parties conducted two mediation sessions with Jeffrey Krivis on March 30, 2023 and on May 16, 2023. The mediations covered the instant class action, a related class action, and six additional California Labor Code Private Attorneys General Act (“PAGA”) actions (together, the “Actions”): • Lu c i Gille s p ie v . Fla x H o ld in g s , LLC d / b / a...

Excerpt: ...The box 3.b. is checked “Defendant admits that all of the statements of the complaint or cross -complaint arc true EXCEPT:” and no statements are noted as false or denied for lack of information and belief . However, the answer then states “This exact issue went to court and was dismissed. I pray for the money demanded all of it please be forgiven. I am on a f ixe d in c o m e , ju s t e xis t in g , d is a b le d s e n io r c it ize n …�...

Excerpt: ...efendant County s hall file an answer no later than ten (10) days from the date of this hearing. (1 ) D e m u r r e r Fa ct s The general allegations of the Second Amended Complaint (“SAC”) are consistent with the Court's prior rulings on and review thereof, too numerous to set forth in significant detail here. The Court notes that Plaintiffs are employees or former employees of the Defendant County of Tulare, having worked in their probation...

Excerpt: ...rit of mandate November 13, 2023. P e t it io n e r 's p e t it io n s e e ks r e v ie w o f t h e D e n t a l Bo a r d o f Ca lif o r n ia 's d e c is io n s a s to the ordering of a Business and Professions Code section 820 examination and the eventual suspension of Petitioner's license to practice dentistry. Respondent D e n t a l Bo a r d o f Ca lif o r n ia is a p o lit ic a l s u b d iv is io n o f t h e St a t e o f Ca lif o r n ia , organ...

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: ...ke, with leave to amend; Plaintiff shall have ten (10) days to file an amended complaint. Case Management Conference is continued to May 15, 2024; 8:30 am; D1. Facts Common to (1) and (2 ) On November 6, 2023, Plaintiff Juan “David” Corona (“Plaintiff”) filed his Complaint against Defendant Irish Electric Corporation (“Irish” or “Defendant”) for the following causes of action: (1) Failure to Pay Off -the -Clo c k Tim e ; (2 ) Fa i...

Excerpt: ...tgomery. Defendants are Tad Edwards and Melissa Barber. (First names are used herein to differentiate between the individuals and partnership. ) On or about December 13, 2021, Plaintiffs Bret and Anthony filed a verified complaint as to dissolution of the partnership alleging causes of action for breach of the partnership agreement, breach of fiduciary duty, for an accounting and for the appointment of a receiver . On or about September 12, 2022,...

Excerpt: ...action only . On January 25, 2024, Defendant filed this motion to compel arbitration based upon an executed Arbitration Agreement, signed by Plaintiff on March 3, 2022 and stating : “Employee and Employer (collectively referred to as the “Parties”) understand and agree that any dispute arising out of or relating to Employee's employment, except for thos e disputes expressly excluded below, will be submitted to final and binding arbitrat...

Excerpt: ...r Street, Porterville, CA 93257 (the “Subject Prope rt y”). On February 26, 2024, Plaintiff filed a proof of service indicating that law enforcement served Defendant Jorge Meza on February 20, 2024 via personal s e r v ic e . On February 27, 2024, default and default judgment for possession only was entered. The writ of possession issued the same day . On March 5, 2024, Defenant filed this ex parte application for relief from default and defa...

Excerpt: ...as bitten by a dog owned by Defendant/ Cross - Defendant Gina Enriquez and Cross -Defendant Jesse Enriquez. The Enriquez parties and subject dog lived in a rental home at the time owned by former Defendants Norman Faucett and Martha Faucett, who have settled out of this case via a motion for good faith settlement . As to the moving Defendants and Cross -Complainants Southern California Edison and SCC Enterprises, the complaint alleges that they �...

Excerpt: ...MF”) Nos. 1, 9. ) Pursuant to the direction of Defendant, Plaintiff disbursed the loan/ financed amount to Defendant by check, to Defendant's designated bank account or to a third party designee. (UMF Nos. 2, 10. ) Defendant agreed to be bound by the terms and conditions set forth in the Loan Agreement and, among other promises, promised to pay to Plaintiff the principal amount advanced and/ or financed along with the interest rate disclosed in...

Excerpt: ...idential property located at 4954 Ave 308 Visalia, CA, 93291 (“Subject Property”) and was purportedly served on Defendants Miguel Abilia, Candida Alvarez and moving party Defendant Edgar Hernandez, in addition to all other occupants, by substitute service and mail on “Male over age 18 inside residence.” The proof of services are completed by a registered process server . On February 21, 2024, default and default judgment were entered for ...

Excerpt: ...LWDA payment and class certification for settlement purposes came on for hearing on March 5, 2024. The Court finds and rules as follows: On February 8, 2024, the settlement administrator Phoenix, through its Case Manager, filed a declaration detailing the following events. On October 2, 2023, the administrator received a mailing list of 230 potential class members from Defendant's counsel with names, contact information, social security numbers a...

Excerpt: ...'s motion for relief moot and places the cas e at issue and ready to set for trial; (2) To deny the motion. (1 ) Fa ct s P la in t if f f ile d t h e in it ia l c o m p la in t Ap r il 4 , 2 0 2 2 a n d s e r v e d D e fe n d a n t Is o d o r o Fernandez personally on July 11, 2022. Defendant Fernandez answered the complaint July 8, 2022 . Plaintiff filed an amended complaint June 16, 2023 . Plaintiff served Defendant with the amended complaint v...

Excerpt: ... and for sanctions against Defendant for an alleged breach of a settlement agreement entered into after mediation on November 17, 2023 . Plaintiff states “FCA is holding the settlement hostage by trying to add terms that were not agreed upon at mediation. FCA's conduct of (1) delaying the settlement to add terms not negotiated and/ or agreed upon at mediation; (2) refusing to honors (sic) it s obligations under the settlement; and (3) creating ...

Excerpt: ...ce that may be presented at the hearing; Counsel may appear in any manner; the Court notes that it issues no ruling as to Respondents State of California and County of Tulare based upon a lack of proper service of the Petition on these Respondents . Background Fact s The Court continued this matter previously and sought supplemental facts underling the calendaring error claimed as the basis for this petition. The Court is in receipt of Plaintiff'...

Excerpt: ...024, Plaintiff filed this motion for an order deeming the complaint filed August 11, 2023, nunc pro tunc . Plaintiff's counsel indicates that its office, on August 11, 2023, submitted the following documents to its e -filing provider: Request to Waive Court Fees FW - 0 0 1 ; Orde r on Court Fe e W aive r FW -003; Civil Case Cover Sheet; Summons; Co m p la in t – Personal Injur y, Prope rt y Damage , W rongful De at h PLD -PI -001, Cause of Acti...

Excerpt: ...) To grant the unopposed motion and order responses, without objections, no later than thirty (30) days from the date of this hearing; (4) To grant the unopposed motion and deem the Requests for Admissions, Set One, Nos. 1 through 40 admitted; to impose sanctions of $940 in favor of Cross - Defendant Zumalt and against Cross -Complainant Christiansen and counsel of record, jointly and severally, payable no later than thirty (30) days from the dat...

Excerpt: ...of care, Nelson also argues that Plaintiff f ailed to comply with the one -year statute of limitations under Code of Civil Procedure section 340.5 and cannot rely on section 474 as to naming of a Doe Defendant . Material Fact s On March 24, 2022, Plaintiff filed her complaint for a single count of negligence against a number of Defendants but did not name Nelson as a Defendant. (UMF No . 1 2 .) Plaintiff first presented to Defendant Nelson for tr...