Excerpt: ...inimum of 50 employees and on at least 1,000 wage statements issued to putative class members. Labor Code section 226(a) mandates that the employer provide certain information on each and every wage statement provided to employees. One of the enumerated requirements is that the full legal name and address of the employer be shown. (Labor Code section 226(a)(8).) Plaintiff alleges that only “SVR” without an address appears on the wage statemen...

Excerpt: ...sufficient to support a cause of action for direct liability against the state under Government Code § 815.6 with leave to amend to plead specific facts as to a statute supporting the State's direct liability. To sustain the State's demurrer as to vicarious liability under Government Code § 815.2 without leave to amend. (2) To sustain the County and Public Authority's demurrer as to the late filing of the claim under equitable estoppel and dela...

Excerpt: ...ment consisting of a right of way over a 20‐ foot‐wide strip of land (the “Easement Area.”) Half of the Easement Area, 10 feet, is located on the southside of the Blankenship Property. The remaining 10 feet of the Easement Area is located on the northside of the property located at 14200 Avenue 328 #A in Visalia owned by Defendants and Cross‐Complainants Richard and Jana Creegan (“Creegans.”) The Blankenships move for a preliminary ...

Excerpt: ...clarations that are already on file with the Court. Accordingly, the motion to approve the settlement pursuant to the Private Attorney General Act of 2004 is preliminarily denied without prejudice. The hearing on this matter is continued to March 3, 2022 at 8:30 a.m.in Department 1 of this court. Case management conference is likewise continued to March 3, 2022 at 8:30 a.m. in Department 1. 1. Sufficiency of Amount of Settlement (Net Estimated: $...

Excerpt: ... Ashland Avenue, number 22, Lindsay, California 93247 (the “Property.”) Defendant Guadalupe Bedolla was served with a summons and complaint on November 23, 2021 pursuant to the filed proof of service. Default judgment was entered against Defendant and a writ of execution was issued on December 3, 2021. Defendant then obtained legal representation on December 11, 2021 and filed this Motion on December 14, 2021. Defendant's declaration filed wi...

Excerpt: ...plaint ¶ 6.a.(1), (2).) The lease was entered into January 1, 2021. (Complaint ¶ 6.a.) Defendants are alleged to have failed to pay the rent due on December 1, 2021 for the period December 1, 2021 through December 31, 2021. (Complaint – Exhibit 2.) A three day notice to pay rent or quit was served December 8, 2021. (Complaint – Exhibit 2.) Plaintiff filed this action on January 3, 2021. The Mandatory Cover Sheet and Supplemental Allegations...

Excerpt: ...hat appears to be evidentiary material for consideration that goes beyond the four corners of the Complaint. A first responsive pleading is typically an answer, demurrer, motion to strike, motion to quash, motion to change venue, or other motion attacking the four corners of the complaint or other initiating documents. While the Court makes no finding as to the merits or weight of the attachments, the Court's review indicates they are exhibits wh...

Excerpt: ...ngs: To deny Defendant's Motions (1) Requests for Admissions Set No 2, Nos. 43‐71; (2) Special Interrogatories Set No. 2 Nos 1‐79; (3) Production of Documents. To deny any award of sanctions. The remaining motions are off‐calendar. Facts Pursuant to the Court's Minute Order dated December 20, 2022, discovery motion hearing dates reserved for January 27, 2022 were modified to be reserved January 13, 2022. Defendant Calderon filed “Motion t...

Excerpt: ...y distress and resulting in an early delivery on June 30, 2020. Plaintiff suffered these injuries after her mother's exposure to COVID‐19. Plaintiff alleges that her mother was exposed to and contracted COVID‐19 while in the course and scope of her employment. Plaintiff alleges that Defendants were negligent and engaged in negligent hiring, training and supervision which proximately caused her damages. Plaintiff seeks economic and non‐econo...

Excerpt: ...consisting of Form Interrogatories, Special Interrogatories, Requests for Admissions and Requests for Production of Documents to Plaintiff in June of 2021. Plaintiff provided no responses by the due date. Defendant reached out to counsel for Plaintiff, providing an extension to August 4, 2021. Plaintiff provided no responses by the extended due date. On August 30, 2021, Defendant filed a motion to compel responses to Form Interrogatories, Special...

Excerpt: ... pistachio orchard owned by defendants assigned Tulare County Assessor's Parcel Numbers 319‐150‐009. This property that the FWA seeks to acquire is needed for repair of the Friant‐Kern Canal. The Canal is operating at diminished capacity and this project seeks to restore the Canal to its optimal capacity. This property the FWA seeks consists of fee interests in land planted with pistachio orchards and included irrigation systems. The projec...

Excerpt: ...hallenged the validity and issuance of building permits and certain land use approvals by respondent Tulare County Resource Management Agency incident to expansion of Touchstone's pistachio processing plant. Section 1021.5 permits an award of attorney fees to a prevailing party “in any action which has resulted in the enforcement of an important right affecting the public interest if: (a) a significant benefit … has been conferred on the gene...

Excerpt: ...court trial in this home construction contract matter. The Court's Judgment of November 8, 2021 awarded Plaintiff $201,576.91 in damages against Defendants for breach of contract and breach of California's prompt payment statute under Civil Code section 8800. The Court's Judgment determined Plaintiff as prevailing party and awarded attorneys' fees. Plaintiff bases its Motion on the attorneys' fees provision in Paragraph 27 of the contract between...

Excerpt: ...ees of Defendant Sierra View Medical Center. (Complaint at Paragraphs 7, 9.) Plaintiff sued under theories of negligence, respondeat superior, professional negligence/medical malpractice and negligent infliction of emotional distress. Defendant Sierra View Medical Center (“SVMC” or “Defendant”) moves for summary judgment that Plaintiff cannot prove a breach of the standard of care as to medical malpractice/professional negligence cause of...

Excerpt: ...t on the record at the MSC. The parties then memorialized the terms of the settlement, including resolution of a related unlawful detainer matter, in a Settlement and Release Agreement (“Agreement.”) The Agreement required Plaintiff to pay to Defendants the sum of $43,000, via an escrow with all fees paid by Plaintiff and Plaintiff was required to satisfy the existing mortgage on the Property which was approximately $10,000 and all mortgage p...

Excerpt: ...ll categories identified in Plaintiff's Amended Notice of Deposition of the Person Most Knowledgeable for FCA US, LLC and Demand to Produce Documents at Deposition (“Notice of Deposition”), and (2) striking Defendant's objections and compelling Code‐ compliant responses and production of all responsive documents requested by Demand Nos. 4, 14, 15, 17, 20, 24, 31, 32, 34, 37, and 41 (collectively, the “Demands”) in the Notice of Depositi...

Excerpt: ...rried to his former spouse (not party to this litigation), and in the process of dissolving that marriage, defendant and plaintiff made arrangements to acquire a residence property in Kingsburg “with the mutual intention of and mutual understanding between the parties that it would be plaintiff's forever home.” The property was purchased, with defendant solely on title, in part through $200,000 in funds loaned by plaintiff's father, and an ad...

Excerpt: ...lowed a dog to escape a backyard by bursting a pipe in the backyard of the property owner, taking down the side fence to allow access to the backyard, and failing to replace the fence once work for the evening had ended, allowing the dog to freely leave the backyard and attack Dallas See. The owner of the home was aware that the tenants were in possession of a dangerous dog and allowed the dog to remain on the property.” (Complaint, p. 4) Defen...

Excerpt: ...n October 14, 2021 (after adding five days for mailing) with respect to post judgment costs incurred within the last two years in the amount of $922.50. The Memorandum of Costs also indicates that the remaining principle balance due is $5,355.15 and the accrued interest remaining due is $2,681.87. Defendant Leyva filed, on November 5, 2021, a “Strike or to Tax Costs (Objection to Memorandum of Cost and Declaration of Accrued Interest).” Defen...

Excerpt: ... a complaint to quiet title and adverse possession (the “Quiet Title Case”) on November 5, 2021 against Hixon, and served Hixon by mail on November 11, 2021. Hixon has not yet appeared in this matter in any fashion. This quiet title claim stems from Adamson's alleged 23‐year residence on the property at 33449 Road 220, Woodlake, CA 93286 (the “Property.”) Hixon, as plaintiff in the unlawful detainer action, Case No. VCL200387, (the “U...

Excerpt: ... declarations that are already on file with the court. Accordingly, the motion to approve the settlement pursuant to the Private Attorney General Act of 2004 is preliminarily denied without prejudice. The hearing on this matter is continued to February 8, 2022 at 8:30 a.m.in Department 7 of this court. Case management conference is likewise continued to February 8, 2022 at 8:30 a.m. in Department 7. 1. Sufficiency of Amount of Settlement (Net Est...

Excerpt: ...tion. Plaintiff was born September 7, 2019. Plaintiff seeks economic and non‐ economic damages. Plaintiff states that all essential parties have been served in this action. Plaintiff alleges that Child Welfare Services Division for Tulare County ("CWS") had an open referral concerning the child at the time, yet there is no indication any investigation was ever performed. Plaintiff moves the Court, under California Code of Civil Procedure sectio...

Excerpt: ...ust cause. (Civ. Code, § 1946.2.) Subdivision (a) of Civil Code section 1946.2, part of the Tenant Protection Act of 2019, states, in part, that, “[n]otwithstanding any other law, after a tenant has continuously and lawfully occupied a residential real property for 12 months, the owner of the residential real property shall not terminate the tenancy without just cause, which shall be stated in the written notice to terminate tenancy.” In pla...

Excerpt: ...nfer to address the disputed matters concerning class notice. Defendant contends plaintiffs' counsel has refused to meet and confer in the development of a neutral notice, while plaintiff maintains defendants' counsel never attempted to do so. Neither party supplies evidence of any meet and confer efforts. The parties are directed to meaningfully meet and confer in advance of the continued hearing date on this motion. The court disagrees with def...

Excerpt: ...2, 2021. Prospective Intervenor Loya Casualty Insurance Company (“Loya”) is Defendant's insurance carrier that provided an automobile insurance policy to Defendant in effect on the date of the subject accident. Loya brings this Motion to Intervene after diligent efforts to locate and discuss the case with its insured, Defendant. However, Loya has been unable to make contact with Defendant in order to obtain an authorization to file an answer ...

Excerpt: ...ristopher Stalcup (“Plaintiff”) filed this action for medical malpractice against Kaweah Delta Health Care District (“KDHCD”) and a number of surgeons and treating physicians, including Moving Party Defendant Dr. Abdul Rahman Hamdi (“Dr. Hamdi”). Plaintiff alleges the negligent failure to evaluate, treat, monitor, care for and/or diagnose Plaintiff's injuries resulting from a motorcycle accident, resulting in the development of compar...

Excerpt: ...earances will be required and the Court will grant the motion and order the default to be set aside. Facts This is a breach of contract action that arises out of defendant Elias Camacho Lopez's failure to reimburse plaintiff Budget Rent A Car System for damage done to a vehicle that Mr. Lopez rented from Budget. The Court notes that this matter was filed May 26, 2020, request for default was entered September 8, 2020, the Court denied a prior mot...

Excerpt: ...aint and cross‐complaint; or (b) further order of this court. The dispute in this case concerns a loan from defendants to plaintiff secured by a deed of trust encumbering the subject real property. At the time of the loan, the loan documents provided for interest of 1.5% compounded monthly. Following disputes concerning repayment, defendants commenced nonjudicial foreclosure proceedings. Plaintiff thereafter filed this action seeking, inter ali...

Excerpt: ...quire portions of farmland owned by defendants assigned Tulare County Assessor's Parcel Numbers portions of 319‐160‐010, 319‐160‐014, 319‐160‐015. This property that the FWA seeks to acquire is needed for repair of the Friant‐Kern Canal. The Canal is operating at diminished capacity and this project seeks to restore the Canal to its optimal capacity. This property the FWA seeks consists of fee interests in 26.41 acres and a temporar...

Excerpt: ...request. Plaintiff alleged damages in the amount of $3,116.72. Defendant answered the complaint on June 30, 2021. On September 8, 2021, Plaintiff moved this Court to deem admitted requests for admissions, set one, numbers 1 through 11. On October 19, 2021, the Court adopted its tentative ruling, deeming admitted the truth of each matter specified in requests for admissions numbers 1 through 11. These requests, now admitted, are as follows: “1. ...

Excerpt: ...Law and associated regulations against Defendants The Recycle Depot and Jeffry Prins. Plaintiff initiated this action on June 25, 2021 under Case No. VCU287514 (the “TCSC Case”). On August 5, 2021, Plaintiff filed a proof of service indicating personal service of the cover sheet, complaint and summons on Prins personally. Plaintiff then requested entry of default as to Prins on October 12, 2021. Default was entered as to Prins on October 13, ...

Excerpt: ... Mendez was entered. Thereafter, on November 1, 2021, Plaintiff sought default judgment as against Defendant Mendez. On or about November 3, 2021, the Court declined to enter default judgment. On November 9, 2021, Plaintiff dismissed the second and third cause of action and sought default judgment again. As of the date of this Motion, the Court has not entered default judgment as to Defendant Mendez. Representing himself, Defendant Mendez, utiliz...

Excerpt: ...1 makes these motions to compel moot, except on the issue of sanctions. The Court orders that Plaintiff Ibrahim Nasir, individually and dba Aloevera Auto Sale and IM Tire Shop and their attorney of record Sassan McKay, Esq. of Commerce Law Group, shall pay monetary sanctions to Defendant's counsel in the amount of $750.00 within thirty days of this hearing. Facts and Procedural History Pursuant to the Declaration of Defendant's counsel, William H...

Excerpt: ... to strike portions of the First Amended Complaint. (1) This matter involves a three‐vehicle collision on June 15, 2019 where a vehicle driven by Defendant Verdugo is alleged to have collided with a vehicle driven by Plaintiff Prado, with whom Plaintiff Rodriguez was a passenger. Defendant Verdugo's vehicle is then alleged to have collided with a third vehicle. On June 18, 2019, the Tulare County District Attorney's Office filed criminal charge...

Excerpt: ...9.) In Spring of 2021, Plaintiff discovered more than $20,000 in fraudulent charges. (Complaint, Paragraph 10.) Plaintiff opened a fraud claim with Capital One, which provided Plaintiff with a case number. (Complaint, Paragraph 10.) Although Capital One advised Plaintiff he would not be responsible for fraudulent and unauthorized activity, Capital One subsequently denied his fraud claim and rebilled the charges to his credit card account. (Compla...

Excerpt: ...ember 18, 2021, following the filing of SPAS's demurrer, this court granted SPAS's motion to strike Alqudah's first cause of action for breach of contract. Alqudah cause of action based on fraud and misrepresentation is, as a result, the sole remaining cause of action at issue in the demurrer. The court finds that the allegations as to fraud and misrepresentation are insufficient to support the cause of action against SPAS. “In California, frau...

Excerpt: ...ce. Facts Plaintiff Graciela Meza filed a complaint on May 20, 2021. The body of the complaint contains allegations concerning property identified as 595 Sierra Ave, Earlimart, CA (“Subject Property.”) The first cause of action is stated as “verbal contract.” The second cause of action is stated as “breach of contract.” The third cause of action is stated as “unjust enrichment.” Plaintiff's apparent issue is the removal of Plainti...

Excerpt: ...ompel Responses to Requests for Documents. Plaintiff is ordered to provide verified responses without objections to Defendant's Form and Special Interrogatories, Set No. 1 and Requests for Production, Set No. 1, no later than twenty (20) days from notice of this order. The Court further orders Plaintiff to pay $300.00 total in mandatory monetary sanctions to Defendant's counsel within thirty (30) days from notice of the Court's ruling on these di...

Excerpt: ...e Dairy” to cover silage piles with plastic, and, as part of that service, to periodically remove the plastic so the dairy could access the underlying feed. As Lawrence Dairy apparently refers to defendants' dairy and dairy business, for all purposes here, the court assumes there is no dispute that defendants are the parties who hired CT&T. Defendants' move for summary judgment on the basis of the Privette doctrine, established in Privette v. S...

Excerpt: ...ompel Responses to Requests for Documents. Plaintiff is ordered to provide verified responses without objections to Defendant's Form and Special Interrogatories, Set No. 1 and Requests for Production, Set No. 1, no later than twenty (20) days from notice of this order. The Court further orders Plaintiff to pay $300.00 total in mandatory monetary sanctions to Defendant's counsel within thirty (30) days from notice of the Court's ruling on these di...

Excerpt: ...e Dairy” to cover silage piles with plastic, and, as part of that service, to periodically remove the plastic so the dairy could access the underlying feed. As Lawrence Dairy apparently refers to defendants' dairy and dairy business, for all purposes here, the court assumes there is no dispute that defendants are the parties who hired CT&T. Defendants' move for summary judgment on the basis of the Privette doctrine, established in Privette v. S...

Excerpt: ...ce. Facts Plaintiff Graciela Meza filed a complaint on May 20, 2021. The body of the complaint contains allegations concerning property identified as 595 Sierra Ave, Earlimart, CA (“Subject Property.”) The first cause of action is stated as “verbal contract.” The second cause of action is stated as “breach of contract.” The third cause of action is stated as “unjust enrichment.” Plaintiff's apparent issue is the removal of Plainti...

Excerpt: ... is the owner, that a month to month tenancy was established, that although a written agreement was made, he is not in possession of the agreement, but alleges monthly rent in the amount of $830.00 and that Defendants Acosta and Meza remain in possession after personal service and expiration of a 30 day notice, set to expire October 29, 2021. A copy of the notice is attached to the complaint. Plaintiff then filed the complaint for unlawful detain...

Excerpt: ...ting this tentative ruling will become the order of the court and service by the clerk will constitute notice of the order. Re: Olivera, Lucia vs. Anderson, Daniel Lee Case No.: PCL 200306 Date: December 7, 2021 Time: 8:30 A.M. Dept. 23‐The Honorable Gary M. Johnson Motions: Defendant Anderson's Demurrer Tentative Ruling: To overrule Defendant Anderson's Demurrer. Defendant Anderson shall file his answer no later than December 13, 2021. Facts a...

Excerpt: ... file for a second time the moving papers and declarations that are already on file with the court. Accordingly, the motion to approve the settlement pursuant to the Private Attorney General Act of 2004 is preliminarily denied without prejudice. The hearing on this matter is continued to February 8, 2022 at 8:30 a.m.in Department 7 of this court. Case management conference is likewise continued to February 8, 2022 at 8:30 a.m. in Department 7. 1....

Excerpt: ...r Authority (“FWA”) seeks to acquire farmland owned by defendants assigned Tulare County Assessor's Parcel Numbers 302‐140‐011, 319‐140‐001, and 319‐140‐ 028. This property that the FWA seeks to acquire is needed for repair of the Friant‐Kern Canal. The Canal is operating at diminished capacity and this project seeks to restore the Canal to its optimal capacity. This property the FWA seeks consists of fee interests in land plant...

Excerpt: ...ersonally served with a “30 Day Notice to Terminate Tenancy” under Civil Code section 789. On November 11, 2021, the period stated in the 30 Day Notice expired. On November 16, 2021, Plaintiff filed this unlawful detainer action. The Complaint states that Defendant has been occupying the unit since June 2011 based on oral agreement and that the tenancy is at will. The Complaint further alleges, under 7.a., that the at will tenancy “is not s...

Excerpt: ... the Doe Defendants was entered the same day. On October 15, 2021, Plaintiff filed this motion to be relieved of the dismissal of Doe Defendants by prior counsel of Plaintiff. Plaintiff notes as the Doe Defendants are “vital to the two causes of action of quit title and adverse possession as there would be other potential Defendants who are owners of record of the parcel in dispute.” Analysis California Code of Civil Procedure section 473(b) ...

Excerpt: ...aring date. Facts Plaintiffs allege that, in May 2010, they observed a flyer indicating that Parcel No. 328‐100‐ 011 (the “Property”) was for sale, by owner. The flyer indicated the Property included approximately 15 acres improved with a barn, single wide mobile home, small shed, water well, water tank and gravel driveway. Plaintiffs contacted the owners of the Property, Defendants. Defendants confirmed that the Property was as described...

Excerpt: ...ondent Pedro Zamora. The Corporation's principal place of business is 752 S. Farmersville Boulevard, Farmersville in Tulare County. This Petition seeks inspection of various corporate records, including: “stock certificate book, a stock register, a journal showing its business transactions, ledgers into which the transactions are posted, and a record of the meetings of the board of directors, minutes from shareholder meetings, minutes from Boar...

Excerpt: ...ry Judgment on the basis that the undisputed facts fail to constitute a cause of action against the County. Although the County alternatively seeks summary adjudication, the County has failed to follow California Rule of Court 3.1350(b) requiring that, for summary adjudication, “the specific cause of action, affirmative defense, claims for damages, or issues of duty must be stated specifically in the notice of motion and be repeated, verbatim, ...

Excerpt: ...rovide accurate itemized wage statements alleged by each of plaintiffs (1) James Alvarez, (2) Raul Chavez, Jr., (3) Ruben Marquez, (4) Jeffrey McKeehan, (5) Javier Fonseca, and (6) Juan Barrera. Defendant Visalia Ceramic Tile, Inc. (VCT) filed six separate motions for summary adjudication against plaintiffs Alvarez, Chavez, Jr., Marquez, McKeehan and Fonseca on August 24, 2021. Plaintiffs Alvarez, Chavez, Jr., Marquez, Fonseca, and Barrera filed ...

Excerpt: ...the merits evaluation required by Kullar v. Foot Locker Retail, Inc. (2008) 168 Cal.App.4th 116, 129 as well as itemized cost information and a supplemental declaration from the Class Representative, Plaintiff Ronald Acker. On November 24, 2021, the Court received two supplemental declarations from counsel and one declaration from Plaintiff Acker addressing these issues. The supplemental declaration of Heather Davis provides sufficient informatio...

Excerpt: ...n, however, is that the general rule is limited to those material facts properly pleaded and does not apply to conclusions of fact or law. Moore v. Regents of University of California (1990) 51 Cal.3d 120, 125. For example, a bare allegation that an act is illegal, unlawful, unauthorized, wrongful, or fraudulent is a conclusion of law that need not be accepted as true. 4 Witkin, Cal. Procedure (4th Ed. 1997) Pleading section 345, pp. 444‐445. A...

Excerpt: ... the provisions of California Code of Civil Procedure section 664.6.” Thereafter, also on May 21, 2020, the parties executed an addendum to this original settlement agreement. Notably, this addendum called for the parties to file a “Request for Dismissal of the entire Action, with prejudice.” A dismissal of the entire action, with prejudice occurred July 1, 2020. Thereafter, Defendant allegedly could not make the requisite payment under the...

Excerpt: ...ring on November 30, 2021. The court finds and rules as follows: On July 9, 2021, the settlement administrator received a mailing list of 234 potential class members from defendant's counsel with names, contact information, social security numbers and relevant employment information. The administrator processed the names through the National Change of Address Database and updated the list with any updated addresses located. Class notice was sent ...

Excerpt: ...endant First American National LLC as the current loan servicer and beneficiary of the loan and Defendant Mortgage Lender Services, Inc. as the current trustee of the loan. Plaintiffs obtained two deeds of trust on the Subject Property simultaneously in 2006. In April 2021, a Notice of Default and Election to Sell was recorded in Tulare County. Thereafter, in July 2021, a Notice of Trustee Sale was recorded. On October 8, 2021, the property was f...

Excerpt: ...ce of Termination of Tenancy: COVID Tenant Relief Act” (“Notice”) checking the box “Owner intends to withdraw the Premises from the rental market.” The Notice was posted and mailed, and provided 60 days' notice, set to expire October 31, 2021. The Notice additionally notes “no rent collected” as to relocation fees. Plaintiff then filed the complaint for unlawful detainer on November 3, 2021. The complaint indicates the action is sub...

Excerpt: .... Gallow Winery (1977) 69 Cal.App.3d 103, 114. An exception, however, is that the general rule is limited to those material facts properly pleaded, and does not apply to conclusions of fact or law. Moore v. Regents of University of California (1990) 51 Cal.3d 120, 125. For example, a bare allegation that an act is illegal, unlawful, unauthorized, wrongful, or fraudulent is a conclusion of law that need not be accepted as true. 4 Witkin, Cal. Proc...

Excerpt: ...val of class action settlement, attorneys' fees, costs and enhancement award came on for hearing on November 18, 2021. The court finds and rules as follows: On July 22, 2021, the settlement administrator, ILYM Group, received a mailing list of 1,585 potential class members from defendant's counsel with names, contact information, social security numbers and relevant employment information. The administrator processed the names through the Nationa...

Excerpt: ...ly with a claims statute and that he has complied with applicable claims statutes. Plaintiff then alleges a breach of contract whereby the breach occurred July 30, 2018. The Court's review of the complaint notes that no separate cause of action appears to be pled for defamation, although defamation is listed as a cause of action under Section 8 of the form complaint. The Court, however, exercises its discretion to give a reasonable interpretation...

Excerpt: ...ses of action (2) The Court grants the motion to strike the references to punitive damages found in paragraphs 38, 48, 55, 61, 72, 88 of the FAC and paragraph 5 of the prayer with 20 days leave to amend. (1) Relevant Facts This matter involves Plaintiff's experiences and treatment by Defendant Needham as her therapist. Plaintiff alleges that Defendant Needham knew Plaintiff was particularly vulnerable, that she was particularly susceptible to har...

Excerpt: ...or other information regarding the $25,000 in costs, as requested previously; and (3) a declaration from Central California Legal Aid Services, as requested previously. The hearing and CMC are continued to January 20, 2022; 8:30 am; D1 to allow for further briefing. 1. Enhancement Awards to Class Representative Plaintiff Nereida Barela has submitted a declaration purporting to support an enhanced class representative award of 7,500.00. The Court ...

Excerpt: ...ians, to quiet title to property in Tulare County based on adverse possession. The dispute concerns a small area of land at a portion of the border between the plaintiff's property to the west and Hachigian's property to the east. Plaintiff alleges property she acquired in 2012 (as reflected in a deed attached to her complaint as “Exhibit ‘C' ”) shares a fence with the Hachigians' property to the east. Plaintiff further alleges, “[o]n inf...

Excerpt: ...her individual PAGA claim as well as $3,965.53 attorneys' fees and $1,590.00 in costs. Case Management Conference is continued to March 24, 2022: 8:30 am; D1. If dismissal is filed prior to said date the CMC will fall off calendar. Facts Plaintiff filed this action for various violations of California's Labor Code and Private Attorney General Act related to wage and hour issues including failure to pay minimum and overtime wages, failure to provi...

Excerpt: ...ant and cross‐complainant's cross‐complaint for breach of contract pursuant to California's anti‐SLAAP statute, Code of Civil Procedure section 425.16. This case arises from SPAS's breach of contract suit against defendant and cross‐complainant Ihssan Alqudah (Alqudah), a former tenant under a commercial lease, which followed the resolution of a prior separate unlawful detainer suit against Alqudah by stipulated judgment. SPAS sued Alquda...

Excerpt: ...t as arbitrator for this court's consideration, in advance of the continued hearing. Petitioner filed his petition to compel arbitration on October 1, 2021. The petition sets forth the provisions of two written agreements (an “Asset Sale Agreement” and a “Security Agreement”), allegedly between the parties, that provide for arbitration, and, in addition, copies of the agreements are attached to the petition. (See Cal. Rules of Court, rule...

Excerpt: ...fendant August 27, 2021. Defendant's Notice of Entry of Judgment, and the accompanying proof of service, was filed September 10, 2021. Defendant's Memorandum of Costs and accompanying points and authorities were served by mail September 9, 2021. (No e‐service was utilized pursuant to the proof of service.) Pursuant to California Rule of Court 3.1700(b), any motion to tax costs must be served and filed 15 days after service of the cost memorandu...

Excerpt: ...roperty owned by Defendants Welcome Group Inc. (“Welcome”) and Hotel Circle GL Holding, LLC (“Hotel”) on or about September 22, 2020. Plaintiff filed her complaint on March 3, 2021, naming initially only Welcome. Welcome answered on April 19, 2021. Hotel was added in September 2021 and answered on September 29, 2021. Defendants Welcome and Hotel claim that review of discovery, depositions and other information related to this case have re...

Excerpt: ...nts executed a written agreement to lease the subject property via a month to month tenancy. The complaint notes the tenancy is subject to the Tenant Protection Act of 2019 and that the tenancy was terminate for an at‐fault just cause under Civil Code section 1946.2(b)(1). ‘ A three‐day notice to perform covenants or quit was delivered personally to Defendants on October 6, 2021 for violations of the right of entry and inspection, for viola...

Excerpt: ...dants executed a written agreement to lease the subject property via a month to month tenancy. On October 14, 2021, the complaint was filed and notes that the tenancy was terminated via a three (3) day notice to pay rent or quit, served September 10, 2021 (“Notice.”) The Notice indicates rent in the amount of $1,010 was due for the period July 1, 2021 through September 1, 2021. Along with the complaint, the verification regarding rental assis...

Excerpt: ...d came on for hearing on November 16, 2021. The court finds and rules as follows: On or May 22, 2021, the settlement administrator received a mailing list of 104 potential class members from defendant's counsel with names, contact information, social security numbers and relevant employment information. The administrator processed the names through the National Change of Address Database and updated the list with any updated addresses located. Cl...

Excerpt: ...gligent infliction of emotional distress and willful misconduct regarding the manner, method and person with whom Plaintiff's children were placed. The Court notes that no opposition has been filed to the demurrer. Standard of Review on Demurrer The purpose of a demurrer is to test whether a complaint “states facts sufficient to constitute a cause of action upon which relief may be based.” (Young v. Gannon (2002) 97 Cal.App.4th 209, 220. To s...

Excerpt: ...19 against named defendants Koetsier, Rodriguez and Villegas, and “Does 1‐20,” alleging the defendants failed to provide necessary insurance coverage for plaintiff's business. The action arose after plaintiff learned of a potential discrimination claim by an employee and was told it did not have coverage for the claim. Code of Civil Procedure section 474 permits a plaintiff who is ignorant of the name of a defendant to designate the defenda...

Excerpt: ...17, 2021. In its ruling on September 13, 2021, this Court noted “The court is circumspect, however, in awarding fees for Mr. Grace's legal services provided to his wife and what, this court assumes, are entities owned and/or controlled entirely by Mr. and Mrs. Grace. The court believes there is reason to doubt the arms length nature of this arrangement, particularly as Mr. Grace's valuation of his services is based on [a single occasion in 2003...

Excerpt: ...plaintiff's motion has been filed. The Court finds as follows: The settlement administrator received an electronic list of 7,755 potential class members from defendant's counsel with names, contact information, social security numbers and relevant employment information. The administrator processed the names through the National Change of Address Database and updated the list with any updated addresses located. Class notice was sent by mail Septe...

Excerpt: ...t inducement. FCA claims plaintiff is contractually obligated to arbitrate his causes of action pursuant to the terms of an arbitration agreement between plaintiff and the selling dealer, Porterville Chrysler Jeep Dodge (Porterville). The arbitration agreement states, in part: “Any claim or dispute, whether in contract, tort, statute or otherwise (including the interpretation and scope of this Arbitration Provision, and the arbitrability of the...

Excerpt: ...mpted to overtake a UPS truck preparing to make a left turn operated by Plaintiff's father. Defendant Galvan's vehicle collided with the UPS truck, causing Plaintiff's father to suffer serious injuries and ultimately die. In support of his claim for punitive damages, Plaintiff alleges malice and oppression, as well as five paragraphs of facts alleging supporting the claim. Plaintiff's support for punitive damages, as pled, can be summarized as fo...

Excerpt: ...otice of Termination of Tenancy Due to Withdrawal of Property from the Rental Market” (“Notice”) to be posted and mailed on May 12, 2021. The Notice provided 60 days notice, set to expire July 13, 2021. Plaintiff then filed its complaint for unlawful detainer on July 15, 2021. Authorities and Analysis The Court notes at the outset that neither Tulare County, nor Strathmore have instituted rent control measures. The Court is not persuaded th...

Excerpt: ...bject of this action; and (b) to take over the business of Magnolia Park, LLC operating an assisted living facility at one of the properties, but only after the receiver (or anyone on the receiver's behalf) obtains “an appropriate license … from the State of California Department of Social Services.” Plaintiffs argue, in their points and authorities, that new facts and circumstances are present incident to a Covid‐19 outbreak at the facil...

Excerpt: ...de §1793.2(b); (3) violation of Civil Code §1793.2(a)(3); (4) breach of express written warranty – Civil Code §§1791.2(a), and 1794; (5) breach of implied warranty of merchantability – Civil Code §§1791.1 and 1794 and (6) fraud by omission. Plaintiff pled causes of action (1), (2), (3), (4) and (6) against manufacturer Defendant FCA US, LLC (“FCA”), suing Defendant Porterville Chrysler Jeep Dodge Ram for cause of action (5). Defenda...

Excerpt: ...ves the seizure of approximately $50,900.00 located during the execution of a search warrant of the residence of Miguel Santos. The search of the residence also yielded various amounts of processed marijuana and marijuana plants. The currency was specifically recovered from a safe whose key was located in Santos's bedroom. The physical seizure took place on July 30, 2020. Santos lived in the residence with his live in girlfriend (and claimant) Mi...

Excerpt: ... Private Attorneys General Act of 2004” (PAGA). Plaintiff alleges the action is a “representative action” on behalf of the State of California and various groups of employees alleged to be aggrieved by various Labor Code violations by defendant. Plaintiff has not pursued a class action for statutory or other damages to which individual group members may be entitled in their individual capacities, nor does she seek recovery of any such damag...

Excerpt: ...oyment, asserting claims involving alleged disability discrimination. Express now moves to compel arbitration of all plaintiff's alleged causes of action based on an agreement allegedly signed by plaintiff as part of Express's digital onboarding process in which prospective employees complete various forms electronically after being tendered a conditional offer of employment. JM joins in the motion. Plaintiff filed his complaint against defendant...

Excerpt: ...class members. The class at issue in this action consists of “milker” or “pusher” employees subject to Wage Order 14 and employed by Defendant from approximately 2015 to February 2020. The Class Period and Release of Claims covers the time period from January 20, 2017 through August 31, 2021. Plaintiffs provide estimates of the maximum recovery for each of Plaintiff's asserted wage and hour claims and penalties including information showi...

Excerpt: ...surer, Defendant AMCO, breached, for purposes of this demurrer, its duty of good faith and fair dealing. Plaintiff further alleges in the Seventh Cause of action for Conspiracy, that Demurring Defendants J.S. Held, LLC and Theodore M. Lister conspired with AMCO to breach that duty. Specifically, Plaintiff alleges that Demurring Defendants created an initial comparative bid for AMCO in November 2020 but subsequently created a second estimate in Ma...

Excerpt: ...obligation on the defendant: (1) To Live Stream 2‐3 times a week at 9:20 Eastern time for a few hours; (2) To post Watch lists 2‐3 times a week; (3) To work on Education materials (videos, PDF, etc) and (4) Post monthly Challenges starting at $500.00 for 30 days (month) to be reset and started again for the next 30 days. This agreement also contains a non‐competition clause. Plaintiff alleges that defendant failed to perform his duties unde...

Excerpt: ...renew their prior motion to certify this wage and hour action against defendant Visalia Ceramic Tile, Inc. (VCT) as to a class of “Tile Setters” and “Tile Finishers” employed by VCT for a period covering four years prior to filing of their initial complaint. Defendant opposes the motion, contending that there is a lack of numerosity and community of interest amongst the proposed class, that the proposed class representatives do not adequa...

Excerpt: ...d upon the removal of the subject property from the rental market. Plaintiff indicates that the agreement to rent the subject property was based on a written agreement made with the Plaintiff's predecessor in interest. The complaint also checks box 6.e. indicating that “A copy of the written agreement…is attached and labeled Exhibit 1.” However, no Exhibit 1 containing a copy of the written agreement was filed with the complaint. Last, the ...

Excerpt: ...ecords, or in the alternative, motion to compel plaintiff Kyle Clarke to sign an authorization to release his VA records OPERATIVE FACTS AND ANALYSIS This case arises out of an automobile accident in February of 2019. The County of Tulare has admitted liability for the accident. As a result of the accident, plaintiff Kyle Clarke sustained a disc extrusion with cervical cord compression that to date has been treated with chiropractic therapy, epid...

Excerpt: ...nee. She is now confined to a wheelchair and her only mode of effective transportation is a caregiver who comes to her residence once a week. Plaintiff personally served its summons and complaint for this action on defendant on September 15, 2021 that was approximately three months after she was released from the hospital. The summons that defendant received clearly states that she has five days to respond to this complaint in writing, but defend...

Excerpt: ... Plaintiffs were apparently struck from the rear by the driver of a Chevrolet Silverado pickup after the vehicle Plaintiffs rode in was stopped on the off‐ramp south of Avenue 280. Plaintiffs allege personal injuries and damages. The Defendants are named as Adrian Wayne Griffith and Solomon Atakele Bogale, but the complaint does not appear to differentiate the defendants between the driver of the passenger vehicle containing Plaintiffs and the ...

Excerpt: ...econd cause of action; and (c) sustain, without leave to amend, the demurrer to the third cause of action for negligent misrepresentation. The court finds that, notwithstanding that Eagle Fire has failed to correctly describe the valid theory on which it seeks recovery, Eagle Fire has effectively plead a cause of action for negligent interference with prospective economic relations, and orders defendant Watts to file and serve its answer to the c...

Excerpt: ...iled this action in this court under the belief that the defendant was a resident of Tulare County. Plaintiff subsequently learned that the defendant resides in Kings County and moves this court to transfer this action to the Superior Court for Kings County. The defendant has not yet been served. CCP §396b(a) provides that: (a) Except as otherwise provided in Section 396a, if an action or proceeding is commenced in a court having jurisdiction of...

Excerpt: ...ancellation of deed and quiet title of real property action. On or about July 21, 2021, Plaintiff had the complaint served on Defendants. On or about August 26, 2021, Defendants Helen Padilla and Narciso Espinoza Padilla filed their answer to the complaint. On or about September 1, 2021, Defendant's filed a Cross‐Complaint. STANDARD OF REVIEW CCP §473(a)(1) provides that “The court may, in furtherance of justice, and on any terms as may be p...

Excerpt: ... for an owner using the insured property as a rental unit for residential purposes.” Following a fire, and plaintiff making a claim with defendant insurer on the basis of that event, the policy was rescinded by defendant American National. Plaintiff alleges in the complaint that a letter from defendants advising that the policy was being rescinded “reveals a blatantly discriminatory policy and practice on the part of Defendants, wherein Defen...

Excerpt: ..., Pixley, California 93256. On or about September 14, 2021, plaintiff served defendants with a 3‐ day notice to perform covenant or quit based on “just cause” This 3‐day notice alleges that defendant breached the terms of the lease by (1) Failing to keep the property in good order by allowing the accumulation of rubbish and debris that obstructs the free use of the property; (2) failing to keep the property in a clean, sanitary and good c...

Excerpt: ... for wrongful death, negligence and survival. Plaintiffs allege that Ms. Spagnolini to have been a former In‐Home Supportive Services (IHSS) provider. IHSS providers perform services to aged, blind and disabled persons. Plaintiffs additionally sued the County of Kern (“County”) and the IHSS Public Authority (“Public Authority”) established by the County of Kern for the purposes of administering the IHSS program. Driver Spagnolini is all...

Excerpt: ...es Alvarez, Raul Chavez, Jr., and Javier Fonseca. Defendant Visalia Tile, Inc. (VT) filed its three separate motions for summary adjudication against plaintiffs Alvarez, Chavez, Jr., and Fonseca on July 23, 2021. Each of plaintiffs Alvarez, Chavez, Jr. and Fonseca filed pleadings in opposition on October 13, 2021. Oddly, plaintiffs Ruben Marquez and Juan Barrera also filed virtually identical pleadings in opposition on October 13, 2021, despite t...

Excerpt: ...ltural spray rig owned by defendant Helena Agri‐Enterprises LLC's. Plaintiff Irma Rosas was a passenger in that vehicle. At the time of the collision Mr. Rodriguez was operating his automobile on cruise control at a speed of approximately 62 mph and never attempted to brake his car or slow down before colliding with defendant's rig. Mr. Cortes‐Rodriguez denies that he was using his cell phone at the time of the accident. Based on that scenari...