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: ...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: ...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: ...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: ...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: ...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: ... 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: ...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: ...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: ...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: ...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: ... 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: ...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: ...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: ...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: ... 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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ... 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: ...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: ...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: ...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: ... 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: ...”); 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: ...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: ...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...