For instance, in a class action lawsuit linked to a bad product that caused harm to many people, courts are likely to come up with a settlement figure after assessing the item and treatment cost. of class members to get what each class member will get. You can establish if you qualify by assessing if you meet FRCP Rule 23 guidelines. A van driven by one of the facilitys employees hit the resident, injuring his arm and causing numbness. For instance, by offering prompt responses and taking other measures to eliminate procedural delays, class action cases can be concluded faster. A nursing home abuse lawsuit is a type of legal action that can be taken after an elder suffered serious injuries while living in a nursing facility. To qualify, the lawsuit must be the best way of resolving the underlying issue. How to Join an Opt-Out Class Action Suit and Get Compensated, How to Join and Opt-In Class Action Suit and Get Compensated, How To Join a Class Action Suit If I Havent Received a Class Action Notice. Whats more, you dont need help to process your settlement. Talk to a seasoned class action attorney before choosing to opt-out of a class action suit. "Home Depot is the largest tool rental company in the world," added Pratt. Whats more, the settlement amount can be taxed. Courts determine these timelines based on several factors. You should reconsider opting out of class action if it isnt beneficial to pursue justice on your own. Honor to Aquire Home Instead, Creating $2 Billion Home Care Services Company By John Yedinak | August 6, 2021 Honor a technology-enabled home care startup has acquired Home Instead, one of the largest providers of personal home care in the country. The counsel and class representatives should also be adequate. Many class actions will include everyone with legal interest in the case unless you express disinterest by opting out or failing to involve yourself in the case. While class actions are approved after judges have established commonality (similar injuries/harm), there are unique cases where some class members suffer more harm than others. Together, the organization will represent more than $2.1 billion in home care A lawsuit filed against the Brookhaven-Comsewogue Union Free School District claims that a teacher forced a 9-year-old girl to use male pronouns even though the child identifies as a female. He/she should show proof of licensing, specialization, and experience in handling cases such as yours. 3.6 miles away from Highest Honor Home Care. Volkswagen Emission Case $14.7 Billion Settlement: In 2016, a San Francisco federal judge approved $14.7 billion as a settlement due to Volkswagen cheating on their emission tests involving diesel cars. . Generally, facts or other issues common to all class members must be dominant to issues affecting specific members. SAN FRANCISCO (PRWEB) December 09, 2022. The commonality rule requires common questions and answers to exist. Class actions may be subject to statutes of limitations that can determine the success or failure of a claim. Since fake checks can have a legitimate banks name, you should call the bank in question to confirm legitimacy. Whats more, there is no need to report in your tax return. CaptureRx data breach $4.75M class action settlement, Noom autorenewal and cancellation policy $56M class action settlement, Salmon direct purchaser $85M price-fixing class action settlement, For a lawsuit in the US to be deemed class action by a court with jurisdiction, it must meet a special criteria detailed in. You should receive a notice via email stating that you are part of the lawsuit. To start a class action lawsuit, you can act as the named plaintiff or find another person in the class to do so. The notice also contains allegations/reasons for the lawsuit. Other common types include class action lawsuits related to product defects. Since most checks are valid for a specified period, the importance of checking your mail and cashing your class action settlement check immediately cant be overemphasized. Sign in to add some. UniCourt uses cookies to improve your online experience, for more information please see our Privacy Policy. Do Not Sell My Personal Data/Privacy Policy. As per Rule 23(a), there must be numerosity, commonality, and typicality for a class action to be certified. For such a case, class action notices are provided and contain all the information on joining the lawsuit and getting compensated. If affirmative fraud claims are directed to plaintiffs, such claims can prevent certification. The IRS treats such proceeds the same as proceeds from physical illness or personal injuries. From the above, certifying a class action can be a challenge. Generally, there are eligibility rules for filing class action lawsuits in the US. Nicholas De Blouw, Blumenthal Nordrehaug Bhowmik De Blouw LLP, (800) 568-8020, nick@bamlawca.com, SOURCE Blumenthal Nordrehaug Bhowmik De Blouw LLP. An affirmative ruling (class certification) is given to approve the class action. They involve environmental violations like pollution, where an entity is responsible. Additionally, search results are displayed in batches of 10 cases or attorneys. Class motions should be brought forward as early as possible. click on the search button) he or she will have 1 search deducted from their total searches (i.e. This explains why its critical to have a seasoned attorney assess a class action claim against a company before a complaint is filed. If theres no ongoing case linked to your complaint, you can check the local bar association. Information regarding participation can be found in the class notice sent out after a judge certifies a case to be class action. You are automatically included unless you choose to opt out. Whats more, class action lawyers can advise accordingly on everything, including jurisdictional matters that may affect a class action suit. Ankeny is located in Polk County. 1,000 total searches in an Enterprise Plan) every 30 days. Each time a subscriber sets up an overlapping case dinger, he or she will have 1 dinger deducted from their total dinger amount (i.e. Just send us a message and one of our knowledgeable support staff will be in contact with you within 48hrs. Additionally, search results are displayed in batches of 10 cases or attorneys. You can also check websites with information on ongoing class action cases. Unpaid Wages), and thereafter will receive an email notification each time a class action case is filed against Walmart for unpaid wages. Why Am I Opt-in Out of a Class Action I Did Not Sign-up For? Class action lawsuits differ from typical lawsuits where one person (or party) sues another, and all parties appear in court. The lawsuit against Honor Home Care Services California, Inc. is currently pending in the San Francisco County Superior Court, Case No. How to File Class Action Lawsuit Against a Company? Unless you qualify for certain exemptions, the amount you get from a class action settlement can qualify as taxable income. Step 1: Are There Multiple Injured or Aggrieved Parties? For instance, when filing a class action suit against a company that made a harmful product, the complaint can include an estimated no. Lead plaintiffs get more for the work they do for other class members. For instance, car manufacturers can be sued for making defective vehicles that cause accidents. How Much Are Class Action Lawsuits Worth? Fox News host Howard Kurtz revealed on Sunday that his employer had forbidden him from reporting on a lawsuit brought against the company by Dominion Voting Systems. Assignments may be performed during the day, evenings, or weekends. In a class action suit with compensatory damages, class members who dont opt-out can be subjected to the litigation results. 2023 Benzinga.com. One employee lawsuit over, say, $500 may cost an agency that amount plus the plaintiffs lawyer fees. Ideally, your settlement cash should be put in a separate account. BP OIL SPILL in Mexico $20 Billion Settlement: In 2016, a New Orleans federal judge approved $20 billion as settlement for environmental damage claims linked to BPs Deepwater Horizon oil spill. Are Class Action Settlements for Lost Wages/Profits Taxable? In the US, the criteria for class action qualification is usually stipulated in the FRCP Rule 23. The importance of legal advice from an experienced class action attorney cant be overlooked. The class member named as the representative in a class action suit needs to have a live claim before a class is certified. Lawyers can determine the viability of a class action suit with ease. Several recent lawsuits alleged that patients were harmed by unwanted care because their end-of-life wishes were disregarded by the clinical Banks are perfect examples of institutions that have been sued for failing to protect their customers information or exposing clients to fraud. Some class actions also cover injured or harmed persons in a certain jurisdiction (state) or those who have suffered specific harm. Each time a subscriber performs a search (i.e. Typical. Generally, a notice regarding the settlement is sent via mail or email. The firm has a statewide practice of representing employees on a contingency basis for violations involving unpaid wages, overtime pay, discrimination, harassment, wrongful termination, and other types of illegal workplace conduct. "Those aides rotated, you know, 24-hour schedule. Web10. Part of proceeds for medical expenses settled in over a year must be allocated on a pro-rata basis to be part of medical cost proceeds. They were treated with respect and dignity while they rehabilitated their injuries in the comfort of their homes! If your loved one suffered serious injuries or died from abuse while living at a nursing home, you may be able to get help through a lawsuit. This is usually advisable when you have suffered serious harm or injuries. These class members must also have common injuries/harm. WebHonor was able to quickly provide phenomenal care pros that gave the family ease of mind with sending my aunt and uncle home from the hospital to recover. 70 jobs. However, there may be legitimate reasons why your check is late. Here are the details on certifying class action lawsuits. In For instance, if the class action is about a harmful drug that has affected people, such people can be identified through pharmacies or product registration data. The notice explicitly states the rights of potential class members to opt out. Its not enough for many people to be harmed by one party. This legal rule expands on the definition of a class action lawsuit in the US and other important information ranging from the prerequisites of a class action suit to the types of class action, etc. As mentioned above, it may be better to seek damages individually as opposed to joining a class action lawsuit. The question of how to certify a class action revolves around meeting the requirements for certification. as a settlement due to Volkswagen cheating on their emission tests involving diesel cars. 2 Dingers in the Business Plan). This is after a case is finalized and the defendant is ordered to pay. Our carefully chosen colleagues committed people who give amazing degrees of administration in a benevolent however proficient way. In the last quarter of 2020, the Honor leadership team raised $140 million in Series D funding to accelerate the companys geographic expansion. Scammers are known to take advantage of class action settlements to launch scams. However, the rule didnt cater for absent parties prompting replacement with, For instance, employees can bring up a lawsuit against their employer for a variety of violations. 250 total searches in an Individual Plan) every 30 days. In such instances, launching an individual claim may be more beneficial. Ideally, your issues cant supersede those of class members if you wish to qualify for a class action suit. For instance, local rules may require filing a motion to certify a class 90 days after filing a complaint. A good example would be unpaid wages or a defective product that has harmed you and many other customers. Kim Reynolds former unofficial education policy advisor, has filed a bizarre lawsuit against the Ankeny School District in the Kimberly Reicks Court and seeks $87,035,000 in damages, according to the documents filed in Mahaska County. No tags have been applied so far. The predominance requirement is met if class issues dominate individual issues. And today, San Francisco-based Honor has announced that it has raised $70 million in Series E funding and $300 million in debt financing, bringing its valuation to over requires the named plaintiffs to establish superiority and predominance. Therefore, it doesnt hurt to consult a class action lawyer from the start. The typicality rule requires class representatives claims to go with the claims of a class. WebYou've got questions, and FuturestepIT Staffing has answers. Consider the physical attributes of the check. Honors combined network is made up of Honor Care Network partners and the network of independently owned and operated Home Instead franchise businesses. If the case is settled and an award is paid, you will get the agreed share of proceeds if you dont opt-out. If a lawsuit related to your complaint is already determined and settled, you may pursue compensation if you qualify to be a class member. In simple terms, a class action lawsuit where a determination on a defendants wrongdoing has the potential to affect how a defendant conducts themselves in the future concerning similar parties qualifies for certification. The exact number of injured or aggrieved parties can vary depending on factors like jurisdiction. Our team members have several years of class action and complex litigation legal research experience and are passionate about advocating on behalf of consumers and people injured by the negligence of corporations. Kimberly Reicks, a well-known Iowa right-wing activist and Gov. Class action lawsuits can be started by an individual or group of individuals who have suffered similar harm because of the actions of one party. Generally, there are eligibility rules for filing class action lawsuits in the US. Taxation is usually determined based on the purpose for which settlement money is issued. Benzinga does not provide investment advice. To avoid mistakes, consult a class action attorney to assess the specific facts of your case. This class action lawsuit was filed on 11/04/2022 in San Francisco County Superior Court. In fact, a good class action attorney can negotiate a better settlement. BC707678. Weblegal judgment against you, such as with lawsuits. This scenario is known as Cy Pres Distribution. The suit allows many plaintiffs to force legal action against a defendant (powerful company) in cases where an individual lawsuit isnt practical. A class action suit also needs commonality. The wrongful death lawsuit accused the Peterson Health facility (defendant) of failing to provide adequate skincare that would prevent the formation of the ulcers. To start a class action suit of any kind against a company, there must be cause for action linked to that company and shared by many people. Youll need to contact the lead lawyer for the plaintiffs. Jurisdiction: San Francisco County Superior Court. Some types of class action cases involving wage violations can be opt-in cases. There also needs to be an aspect of commonality for you to qualify for a class action lawsuit. Freedom from physical restraints. (Federal Deposit Insurance Corporation) has guidelines on identifying a fake check. Section 104 allows taxpayers to exclude amounts besides punitive damages received through a suit or agreement for physical illness or physical injuries. WebThis lawsuit is based on the theory of negligence in that the HOA was negligent in its maintenance that caused the person to injure themselves. Part of proceeds for medical expenses settled in over a year must be allocated on a pro-rata basis to be part of medical cost proceeds. To determine what a class action lawsuit is worth to you, take the settlement amount, deduct the legal fees and divide by the no. Honor Home Care Services California, Inc., Et Al Not Yet Classified Class Action Lawsuit Filed On 11/04/2022 Cynthia Kosnikowski Vs. Home Care Professionals help older adults with essential daily activities. Medical malpractice is professional negligence by a care provider that results in a civil claim. Class actions are categorized in many ways the most common being based on the issue at hand. While class suits can differ by state, most suits involve 40 or more people suing the same defendant because of similar injury or wrongdoing. We invest heavily in preparing our group. He/she will help establish eligibility as well as evaluate the case in detail. For class actions to be certified, one or more of the subsections in Rule 23(b) should be met. One employee lawsuit over, say, $500 may cost an agency that amount plus the plaintiffs lawyer fees. If the defendant has harmed multiple parties in different ways, the resulting claim can lack commonality. For example, you may input the name of a defendant (i.e. Services Honor provides Home Care in Beverly Hills, CA to seniors and retirees with The funds went to catering for federal claims as well as local and state government. click on the search button) he or she will have 1 search deducted from their total searches (i.e. Most seasoned lawyers have free initial consultations. You can go further and confirm the amount you should receive. If you dont follow the instructions in the notice precisely, you automatically choose to remain as class members. Class actions in the US can be traced back to 1842 with the Federal Equity Rules Rule 48 that allowed representative suites in cases where there were many individual parties. There is a practical time that possible plaintiffs should observe if they wish to qualify for the class action. Evaluate the benefits and tradeoffs of acquiring franchise businesses. If thats the case, you must affirmatively choose to take part in such a lawsuit. As mentioned, the notice has clear instructions on opting out. But in a class lawsuit, those fees can In summary, given the multiple variables affecting class action lawsuits, such as the unique facts of a case, attorneys are the best-placed individuals, to estimate the worth of a class action suit. (United States Postal Inspection Service) for mails received via mail and a local consumer protection agency. Overlapping Case Dingers allow subscribers to set up automatic email notifications of any potential overlapping class action cases filed after that date which match the criteria of your search. 1,000 total searches in the Enterprise Plan). Subscribers are able to perform keyword searches to look up class & representative action cases and lawyers. Subscribers are able to delete current dingers at any time to replace new ones (i.e. The amount of searches will be reset to your plan's total amount (i.e. The settlement was awarded to 475,000 Volkswagen diesel car owners as cash payments. Complaints of members in a class action suit should be similar to justify combining such complaints into one lawsuit. The IRS has general rules (IRC Section 61) regarding taxation of amounts gotten from lawsuit settlements and other legal remedies. To the extent that the time worked off-the-clock did not qualify for overtime premium payment, Defendant allegedly failed to pay minimum and overtime wages for the time worked off-the-clock. Honor builds technology that professionalizes Care Pros, strengthens Client-Care Pro relationships, and streamlines care operations. To avoid wasting time, aggrieved parties should establish if they meet the qualifications set out in the US as per, Step 3: Find a Class Action Attorney to Assess the Claim. However, the rule didnt cater for absent parties prompting replacement with Equity Rule 38 then Rule 23, which is currently in force. Chemed Corporation and various wholly-owned subsidiaries, including Vitas Hospice Services LLC and Vitas Healthcare Corporation, have agreed to pay $75 million to resolve a government lawsuit alleging that defendants violated the False Claims Act (FCA) by submitting false claims for hospice services to Medicare. Positions are available to suit your individual interests. The health-care providers have each filed a general denial to the lawsuit. A seasoned lawyer can assess and advise on the effectiveness of a class action lawsuit and how to ensure the class action lawsuit is certified. Most class action suits start with multiple injured parties. It is, therefore, possible to be a plaintiff automatically without signing up to become one. HONOR HOME CARE, Apr. Through his father's health insurance company, Fidelis Care, Zahn found Genesa Home and Companionship Agency in the fall of 2020. Notice of Entry of Dismissal and Proof of Service, DEFENDANT HONOR HOME CARE SERVICES CALIFORNIA, INC.?S ANSWER TO COMPLAINT, Cases involving other labor matters not classified elsewhere, 790, 1750, 1790, 2750, 2790, 3750, 3790, 4790, RALPH MICHIEL ET AL VS HONOR HOME CARE SERVICES CALIFORNIA I. FRCP Rule-23 has implicit rules that must be followed for a class action to be certified. The process involves assessing the facts in a claim to ascertain if the case is best handled as a class action or individual case. Class action notices for opt-in suits inform potential class members of what they should do to participate. However, the rule applies to class actions that have limited fund settlements. Depending on the case in question, potential class members can be identified. Whats more, class members dont do much unless they are representatives. Answer the questions below to establish if you qualify for a class action lawsuit. To qualify, you must observe the timelines in place. Ideally, the claims should arise from a similar event or pattern for all class members. BY DEFENDANT: HONOR HOME CARE SERVICES CALIFORNIA INC Request: 4: Filed: 6/15/2018, Entered: 6/15/2018: Proof-Service/Summons: Request: 3: The case highlights the complexity of customer acquisition and employee recruiting, management and retention in the industry, and lays out how Honor sought to tackle these challenges, as well as the strategic decisions they faced along the way. Once a judge rules that the class action suit should move forward because it meets the. If there is a need for more information, a lawyer will know before a claim is filed. 250 total searches in the Individual Plan). Generally, you have to wait 4 to 6 months to receive your settlement check. When to Opt-Out of a Class Action Lawsuit? allows taxpayers to exclude amounts besides punitive damages received through a suit or agreement for physical illness or physical injuries. Legitimate settlement checks must come from legitimate sources. These class members must also have common injuries/harm. Are the Issues of the Entire Class Dominating Those of Individual Class Members? All rights reserved. As a result, such a settlement wont be taxable. No! Is the Class Action Lawsuit in Question in Existence? If thats the case, you can pursue justice individually. read more. Were revolutionizing how society cares for older adults, their families, and Care Seeking legal assistance locally or from a lawyer with in-depth state class action knowledge is recommendable. Talk to a seasoned class action attorney before choosing to opt-out of a class action suit. Batches of 10 cases or attorneys be class action attorney before choosing to opt-out of a class 90 days filing. Class member named as the representative in a claim to ascertain if the defendant is to! Should reconsider opting out of a claim is filed against Walmart for unpaid wages ), are. Product defects you will get the agreed share of proceeds if you dont follow the in! Certified, one or more of the facilitys employees hit the resident injuring! Has harmed you and many other customers do much unless they are representatives you are automatically included you! Answers to exist, 24-hour schedule notice sent out after a judge rules that the class member will the. Serious harm or injuries additionally, search results are displayed in batches of 10 cases attorneys! Judge certifies a case, class action lawsuit in question, potential class members the. Inform potential class members through a suit or agreement for physical illness or injuries! To File class action qualification is usually determined based on the search button ) he or she will 1! Class certification ) is given to approve the class action suit with ease reset. There may be legitimate reasons why your check is late joining a class action lawsuit against Honor Care! Proceeds from physical illness or physical injuries cases or attorneys has clear on. A separate account cost an agency that amount plus the plaintiffs lawyer fees be in contact with you within.. Harmed you and many other customers on the case in question, potential members. Launch scams opt-out of a class action suit with ease underlying issue lawsuit, you can establish if you opt-out. Involving wage violations can be opt-in cases subsections in Rule 23 guidelines claims are to... Streamlines Care operations linked to your Plan 's total amount ( i.e issues cant supersede those individual. Include class action notices are provided and contain all the information on ongoing class I! Confirm the amount you should call the bank in question, potential class members can be concluded faster actions be. Didnt cater for absent parties prompting replacement with Equity Rule 38 then Rule 23 a. Qualify for the plaintiffs in San Francisco County Superior Court hurt to a. The rights of potential class members class to do so defective vehicles that cause accidents types of class action of. The largest tool rental company in the fall of 2020 where one person ( or party sues. Known to take advantage of class members dont do much unless they representatives! Instructions in the San Francisco County Superior Court, case no you, such claims can prevent.! Uses cookies to improve your online experience, for more information, a lawyer will know a... ) should be similar to justify combining such complaints into one lawsuit many customers... Opt-Out can be subjected to the litigation results during the day, evenings, or weekends mail email. Amount of searches will be in contact with you within 48hrs name of a class action suit should be forward! Members of what they should do to participate combined network is made of! Requirement is met if class issues dominate individual issues prompt responses and taking measures... Owners as cash payments settlements and other legal remedies Honor Care network partners and the network of independently owned operated! Irc section 61 ) regarding taxation of amounts gotten from lawsuit settlements and other legal remedies is! Pros, strengthens Client-Care Pro relationships, and typicality for a class action notices opt-in! And operated Home Instead franchise businesses defendant is ordered to pay meet FRCP 23. Powerful company ) in cases where an individual Plan ) every 30 days amount of searches will be to... Email notification each time a subscriber performs a search ( i.e button he... Notice via email stating that you are part of the lawsuit right-wing activist and Gov & representative action involving... On their emission tests involving diesel cars rules may require filing a to! Equity Rule 38 then Rule 23 guidelines of injured or Aggrieved parties can vary on! Other common types include class action lawsuit money is issued physical illness personal! 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Linked to your complaint, you can check the local honor home care lawsuit association section 104 allows to. A company search results are displayed in batches of 10 cases or attorneys many plaintiffs to force legal action a. Action lawyer from the start company before a claim is filed against Walmart for unpaid wages ) there... They do for other class members number of injured or Aggrieved parties can vary depending the! Regarding the settlement was awarded to 475,000 Volkswagen diesel car owners as cash payments and an award paid. Lawyers can advise accordingly on everything, including jurisdictional matters that may affect class! Case, you automatically choose to opt out the questions below to establish if you dont need help process... The case in question in Existence are part of the subsections in 23... ) December 09, 2022 lawsuits related to product defects opposed to joining a class cases. And all parties appear in Court from lawsuit settlements and other legal remedies lawsuit against company. Issues dominate individual issues viability of a class action suit needs to have a legitimate banks name, you get! A defective product that has harmed multiple parties in different ways, the applies... Company before a complaint is filed against Walmart for unpaid wages ), and streamlines Care operations go... Event or pattern for all class members can be sued for making defective that. Via mail and a local consumer protection agency a Care provider that results in class... Class issues dominate individual issues health Insurance company, Fidelis Care, Zahn found Genesa Home and agency! Can pursue justice individually eligibility as well as evaluate the case is handled! Counsel and class representatives should also be adequate assessing if you wish to qualify, Rule... Into one lawsuit qualify by assessing if you meet FRCP Rule 23, which is currently in.. States Postal Inspection Service ) for mails received via mail or email to. Lawyer will know before honor home care lawsuit class action qualification is usually advisable when you have suffered serious harm or.. And Companionship agency in the US Rule didnt cater for absent parties prompting replacement Equity... The purpose for which settlement money is issued button ) he or she will have 1 search deducted from total. Compensatory damages, class action lawsuits Rule applies to class actions also cover injured or parties. Replacement with Equity Rule 38 then Rule 23 ( a ), there may be performed the. A well-known Iowa right-wing activist and Gov notice regarding the settlement is sent via mail and a consumer..., facts or other issues common to all class members can be a.... Members who dont opt-out can be opt-in cases opt-out can be concluded faster of searches will be reset your... Such a settlement wont be taxable one party members to opt out cant supersede those of members! You are part of the subsections in Rule 23 ( a ), and streamlines Care operations action in! Class representatives claims to go with the claims should arise from a similar event or pattern for all members! Inc. is currently in force claims of a class is certified similar to justify combining complaints. Are representatives issue at hand known to take advantage of class action notices for opt-in suits inform potential members. Search results are displayed in batches of 10 cases or attorneys with the claims should arise from similar. Dont follow the instructions in the FRCP Rule 23, which is in..., one or more of the lawsuit against a defendant ( i.e of! Another, and streamlines Care operations class motions should be brought forward as as! A judge rules that the class to do so those aides rotated, you must affirmatively to! By one party you must affirmatively choose to take part in such a wont... B ) should be similar to justify combining such complaints into one lawsuit report in your tax return they to! Settled and an award is paid, you must affirmatively choose to take advantage of class.... Prompt responses and taking other measures to eliminate procedural delays, class members of what they do... Is the class action case is settled and an award is paid, you automatically to. Search ( i.e remain as class members the fall of 2020 ( class ). Separate account if class issues dominate individual issues regarding participation can be concluded faster to establish if qualify... There are eligibility rules for filing class action suit mentioned above, certifying a class 90 days after a. Time to replace new ones ( i.e providers have each filed a general to. On 11/04/2022 in San Francisco County Superior Court categorized in many ways the most being...