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2024.06.04 Motion to Declare Vexatious Litigant 013
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2024.06.04
Excerpt: ...91.1 within thirty (30) days; to make a prefiling order pursuant to Code of Civil Procedure section 391.7; (2) To reserve a ruling on the demurrer based upon the automatic stay under Code of Civil Procedure section 391.6 . (1 ) M o t io n t o D e c la r e P la in t if f Ve xa t io u s Lit ig a n t Fa ct s Defendant seeks to have Plaintiff declared a vexatious litigant based upon Plaintiff's filing of four lawsuits since May 2022 in counties other...
2024.06.04 Motion for Judgment on the Pleadings 789
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2024.06.04
Excerpt: ...stiansen, a professional architect, for two causes of action: breach of contract and p r o f e s s io n a l n e g lig e n c e . On November 9, 2015, Kaweah, a public entity, contracted Christiansen to provide architectural services for Kaweah's Acequia Wing 5 th and 6 th Flo o r In f ill project. (Complaint ¶ 13 – Ex A ) On July 7, 2016, the Construction Documents prepared by Christiansen, including his design plans, were submitted to the Offi...
2024.06.04 Motion for Approval of PAGA Settlement 011
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2024.06.04
Excerpt: ... continuing hearing on this motion for approval of PAGA settlement, the Court noted that, although it previously sought supplemental information to adjudicate this motion, none had been filed by the May 7, 2024 date. However, the Court's review of the file as to this hearing reveals supplemental documents filed May 2, 2024, that the Court had not previously reviewed. The Court has now examined those filings and rules as follows. The Court previou...
2024.06.04 Demurrer, Motion to Strike 469
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2024.06.04
Excerpt: ...fendant Alvaro Torres negligently operated a 2017 Ford F -250 with Ca lif o r n ia lic e n s e p la t e 4 5 1 1 C2 (“Su b je c t Ve h ic le ”) t h a t c o llid e d w it h D e c e d e n t 's vehicle causi ng Decedent's death. (FAC ¶ 2, 3, 4, 17, 18. ) Plaintiffs allege that demurring and moving Defendant Mauricio Torres was a passenger in the Subject Vehicle at the time of the collision. (FAC ¶ 19. ) Plaintiffs allege that on April 3, 2024, ...
2024.05.21 Motion for Preliminary Approval of Class Action and PAGA Settlement 343
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2024.05.21
Excerpt: ...tlement amount is $300,000. Plaintiff estimates approximately 167 proposed Class Members, providing an estimated average payout of $880.54 per member. The Class Members consist of: All current and former non- exempt employees of Defendants who worked at Double J Dairy in California during September 14, 2018 through the date of Preliminary Approval (or if any such person is incompetent, deceased, or unavai la b le d u e t o m ilit a r y s e r v ic...
2024.05.21 Motion for Leave to File Amended Complaint 995
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2024.05.21
Excerpt: ...ril 2, 2024, the Court sustained a demurrer and permitted ten (10) days leave to amend as to the wrongful eviction allegations . No amended complaint appears to have been filed . Ra t h e r , o n Ap r il 1 4 , 2 0 2 4 , P la in t if f f ile d t h is m o t io n f o r le a ve t o a m e n d . P la in t if f seeks to add facts supporting causes of action for breach of implied covenant of quiet enjoyment, trespass and intentional infliction of emotion...
2024.05.17 Motion for Relief After Court Judgment, Stay of Execution of Writ of Possession 326
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2024.05.17
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 ...
2024.05.14 Motion to Strike Costs 015
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2024.05.14
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...
2024.05.14 Motion to Enforce Settlement 813
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2024.05.14
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...
2024.05.14 Motion to Compel Arbitration 126
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2024.05.14
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...
2024.05.14 Motion for Relief from Mechanic's Liens 514
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2024.05.14
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...
2024.05.14 Motion for Judgment on the Pleadings 642
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2024.05.14
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...
2024.05.08 Demurrer 051
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2024.05.08
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...
2024.05.07 Motion for Summary Judgment 837
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2024.05.07
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...
2024.05.07 Motion for Reconsideration, for Attorney Fees 706
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2024.05.07
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...
2024.05.07 Demurrer, Motion to Strike 656
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2024.05.07
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...
2024.04.30 Motion to Enforce Settlement 439
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2024.04.30
Excerpt: ...5, 2023, Plaintiff filed a notice of conditional settlement of this matter, and set an intended dismissal request date for May 1, 2024. This matter has not been dismissed . On April 2, 2024, Plaintiff filed a motion to enforce settlement pursuant to Code of Civil Procedure section 664.6 . On September 25, 2023, Plaintiff and Defendants (“the Parties”) entered into a valid and binding Confidential Settlement Agreement and Release of All Claims...
2024.04.30 Demurrer 864
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2024.04.30
Excerpt: ...Property was untenantable because of the failure of Defendants, and each of them, to repair conditions of the Property which have rendered it untenantable pursuant to Code of Civil Procedure Section 1941.1 and substandard pursuant to Health and Safety Code Section 17920.3 and 17980. (Co m p la in t ¶ 7 .) P la in t if f a lle g e s f a ilu r e t o p r o v id e a h a b it a b le d w e llin g , b r e a c h o f covenant of quiet enjoyment, private ...
2024.04.30 Demurrer 510
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2024.04.30
Excerpt: ...e subject Cheverolet [sic] Vehicle #1 northbound on SR= -63 (Road 128) at approximately 40 mph when all of a sudden a horse entered the middle of the roadway toward the subject vehicle, which caused Mr. Ruela s to collide into the horse. At the scene, Martin Rojas (Defendant) was contacted by officer G. Robledo (ID NO. 019543) and stated to officer Robledo that he (Mr. Rojas) had horses in the corral where the subject horse came from. It is alleg...
2024.04.23 Motion for Preliminary Approval of Class Action and PAGA Settlement 376
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2024.04.23
Excerpt: ... various issues with the notice period, calculation of the lodestar, presently incurred costs, notice to the LWDA of the settlement. On March 29, 2024, Plaintiffs filed supplemental d e c la r a t io n in support of preliminary approval, which the Court will examine b e lo w . Cla s s N o t ic e Objections or opt out notices are now to be made within 60 days. The Court re gularly approve s not ice pe riods of 60 days or longe r. The class notice ...
2024.04.23 Motion for Leave to Amend 521
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2024.04.23
Excerpt: ...is matter is set April 29, 2024. On April 12, 2024, Plaintiff filed a motion to file a first amended complaint. The h e a r in g d a t e f o r t h is m o t io n is s e t J u n e 4 , 2 0 2 4 . On April 15, 2024, Plaintiff filed this ex parte motion to shorten time to hear the motion for leave to amend prior to the trial date. The Court then set this motion for the present hearing date. The issue apparently stems from a disagreement as to jury inst...
2024.04.23 Motion for Final Approval of Class Action and PAGA Settlement 400
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2024.04.23
Excerpt: ...l of class action and PAGA settlement, attorneys' fees, costs, enhancement award, LWDA payment and class certification for settlement purposes came on for hearing on April 23, 2024. The Court finds a n d r u le s a s f o llo w s : On Mach 29, 2024, the settlement administrator IYLM, through its Case Manager, filed a declaration detailing the following events. On December 29, 2023, the administrator received a mailing list of 157 potential class m...
2024.04.23 Demurrer 290
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2024.04.23
Excerpt: ...�Es t a t e o f J u lio M o r e n o Va lle (D e c e a s e d )” (2 ) “F id e lin a Va lle Re y e s , in d iv id u a lly …” and (3) “Fidelina Valle Reyes…as representative of the Estate of Julio Moreno Valley.” The complaint alleges the Decedent died after striking a metal cable connected to p o s t s is a d im ly lit a r e a w h ile r id in g a n a ll -terrain vehicle. (Complaint at Page 4.) Plaintiffs allege the incident occurred at...
2024.04.09 Motion for Summary Judgment, Adjudication 789
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2024.04.09
Excerpt: ...lo o r in f ill p r o je c t . Kaweah alleges claims for breach of contract and professional negligence. The basis of the claims is that Christiansen omitted certain required fire safety implements in project design plans. Ch r is t ia n s e n c r o s s -complains against Kaweah, contending the California Building Code, as constituted when he submitted his designs, did not require the fire safety implements Kaweah alleges were omitted. Christians...
2024.04.09 Motion for Summary Judgment, Adjudication 620
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2024.04.09
Excerpt: ... g a cause of action for medical malpractice on behalf of Michael Rice and a claim for loss of consortium on behalf of Martha Rice against defendants, including moving p a r t y Tu -H i H o n g, M .D . (UMF N o . 1 , 1 4 ) Plaintiffs generally allege that Dr. Hong was negligent and failed to provide informed consent in connection with a shockwave lithotripsy procedure performed by Dr. Hong at Kaweah Delta Medical Center on February 18, 2022. (UMF...

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