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: ...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: ... 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: ...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: ...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: ...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: ...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...