Excerpt: ...property located at 3941 East Harold Ave Room A Visalia, CA 93292 (“Subject Property”), trial proceeded to judgment on May 3, 2024 in favor of Plaintiff for possession, cancellation of the agreement a nd $1,005.00. On May 10, 2024, Defendant filed this motion to vacate judgment and/ or stay execution of the writ. Defendant indicates a previously scheduled medical appointment for cancer treatment on the date of trial and indicates serious m e ...

Excerpt: ...On September 7, 2021, the Court ordered the case dismissed, but reserved ju r is d ic t io n u n d e r Co d e o f Civil P r o c e d u r e s e c t io n 6 6 4 .6 . On January 16, 2019, the parties entered into a verbal settlement agreement. The agreement was thereafter reduced to writing and signed by the parties. The settlement agreement provided, among other things, that judgment in the sum of $6,048.24 would not b e entered against Defendant. Ju...

Excerpt: ... termination in violation of public p o lic y . Defendant seeks to compel arbitration of these disputes . Fa ct s – Agreement to Arbitrat e In support, Defendant provides the declaration of Tabitha Walker, employed by Defendant as the Director of Staff Development since April of 2022 and whose duties include overseeing onsite human resources for the Defendant and its e m p lo y e e s . (D e c la r a t io n o f W a lke r ¶ 1 , 2 ) Walker indica...

Excerpt: ... $995.00. Sanctions are due no later than fifteen (15) days from notice of this ruling; Defendant is ordered to give notice . Fa ct s On December 7, 2023, this Court adopted its tentative ruling granting Defendant Warren's motion to compel initial responses from Plaintiff to interrogatories and requests for production, due within 30 days' notice of the ruling. The Court also issued monet ary sanctions against Plaintiff in the amount of $585.00 . ...

Excerpt: ...ential unlawful detainer matter, involving property located at 492 West Meadow Drive #C Tulare, CA 93274 (“Subject Property”), the Court ordered service by publication on April 4, 2024. On May 1, 2024, default and default judgment were entered against Defendant. On May 3, 2024, the writ of possession was issued . On May 14, 2024, Defendant filed this ex parte motion for relief from default and to stay execution of the writ. In support, Defend...

Excerpt: ... 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: 5'1 0"; Hain Brown; Eyes: Brown; Relationship: CO OCCUPANT” at the Subject Property on April 5, 2024” ...

Excerpt: ...s action and PAGA settlement, attorneys' fees, costs, enhancement award, LWDA payment and class certification for settlement purposes came on for hearing on May 16, 2024. The Court finds a n d r u le s a s f o llo w s : On April 3, 2024, the settlement administrator CPT Group, Inc., through its Case Manager, filed a declaration detailing the following events. On November 7, 2023, the administrator r e c e ive d a m a ilin g lis t o f 1 2 9 p o t ...

Excerpt: ...ning of Defendant City's demurrer to the initial complaint. The Court notes at the outset the initial complaint, though found to have failed to state a cause of action, appeared to have alleged a tort resulting in personal injury. The Court sustained the demurrer for both failure to allege sufficient facts to state a cause of action and for failure to allege compliance with the Tort Claims Act . This amended complaint, filed January 8, 2024, is p...

Excerpt: ...fornia as a private attorney general. The Court's review of this complaint indicates it alleges a PAGA action only, as discussed below. The Court previously denied Defendant's motion to compel arbitration on March 7, 2023, finding that PAGA claims brought on behalf of the State are non- arbitrable . Fa ct s As noted above, Plaintiff's operative, amended complaint alleges a single cause of action under PAGA for various violations of the Labor Code...

Excerpt: ... he cut a corne r. Aft e r cut t ing t he corne r, his vehicle tipped onto its side and rolled down the embankment. He passed away. Trave le rs Prope rt y Casualt y Company of Ame rica (Trave le rs) st arte d paying t he decedent's wife (plaintiff) and children Worker's Compensation benefits because of the work -related death. Procedural Hist ory On December 7, 2022, the Plaintiffs filed their complaint alleging negligence, willful failure to war...

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