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2019.10.29 Motion for Summary Adjudication 504
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2019.10.29
Excerpt: ...t. Plaintiffs allege Defendant negligently flooded a roadway causing the subject accident resulting in the death of Margarito Hernandez Ortega. Plaintiffs Jose Luis Herndandez Rios and Maria Ines Ortega Aragon assert they are the dependent parents of the decedent. Plaintiff Maria Griselda Delgado Antuna asserts she is the putative spouse of the decedent and that the minor Plaintiffs, Adilene Hernandez Delgado and Alexander Hernandez Delgado are d...
2019.10.29 Application for Continued Temporary Protective Order 120
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2019.10.29
Excerpt: ...Protective Order continued until the hearing on the application. Plaintiff contends he contracted with Defendants to handle his payroll services. Services to be provided by Defendants included taking funds from Plaintiff's account and depositing the funds with the IRS in satisfaction of Plaintiff's payroll tax obligations. Plaintiff alleges Defendants took funds from Plaintiff's account and failed to deposit the funds with the IRS leaving Plainti...
2019.10.24 Motion to Appoint Receiver 439
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2019.10.24
Excerpt: ...n abstract of judgment was recorded on March 26, 2012 with the Los Angeles County Recorder's Office (Instrument #20120460349). Plaintiff assigned its judgment to Movant, WV Capital Ventures, LLC on or about August 6, 2019. An amended abstract of judgment was recorded on September 5, 2019 with the Los Angeles County Recorder's Office (Instrument #20190908861). Movant asserts the judgment remains unpaid. The amount claimed due consists of the princ...
2019.10.24 Motion for Determination of Good Faith Settlement 784
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2019.10.24
Excerpt: ...ct action where the plaintiffs have agreed to accept the sum of $500.00 from cross-defendant M & B Carpentry, Inc., in exchange for a release of all claims arising out of M & B Carpentry, Inc.'s work on a single home, located at 3732 Salle Street, Visalia. Plaintiffs have also agreed to release Centex Homes from all liability arising out of the work performed by M & B Carpentry, Inc. on the single home referenced in the settlement. CCP § 877.6 a...
2019.10.17 Motion to Set Aside Conditional Settlement Pursuant to Default 564
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2019.10.17
Excerpt: ...nt as per California Rule of Court 3.1113(l) Also, a Request for Judicial Notice can be granted only as to the extent of the date of filing of the documents on file with the Court for this action and as to minute orders and other orders for this case that appear in the Court's file. Except for orders from the Court that appear in the Court's file for this case, the Court denies plaintiff's request for judicial notice as to the contents of other d...
2019.10.17 Motion to Oppose False Court Report Claims, to Consolidate and Vacate, Reopen, or Correct False Claim Docs, to Seal 995
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2019.10.17
Excerpt: ...ff Tracy Lee Fannin (“Ms. Fannin”) Complaint Harassment Relief from Damages for Slander/Libel; (2) To deny Ms. Fannin's Motion to Oppose 1992-1995 False Court Report Claims and Court Reports and False Police Reports with Name or Similar Names; (3) To deny Ms. Fannin's Motion to Consolidate and Vacate/Reopen/Correct False Claim Documents, and to Seal File This motion arises out of mutual restraining orders that this court granted in 1995 in fa...
2019.10.17 Motion to Enforce Settlement Agreement 786
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2019.10.17
Excerpt: ... Torrez under a durable power of attorney (executed more than 2 years prior to the settlement). Plaintiff John Torrez III died on July 15, 2019 before the settlement was completed. Plaintiff Bernadette Torrez filed the current motion to enforce the terms of the settlement. Defendant Parmod Kumar, M.D. opposes the motion. Defendant asserts the settlement cannot be enforced because it was not signed by Plaintiff John Torrez III. (Levy v. Superior C...
2019.10.17 Motion for Judgment on the Pleadings 336
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2019.10.17
Excerpt: ...rincipal sum of $25,600.98 Plaintiff's complaint pleads causes of action for the common counts of account stated and open book account. Defendant Meyerstein's answer to Bank of America's complaint does not contest any of the allegations raised in the plaintiff's complaint, nor raise any affirmative defenses to the causes of action set forth in Bank of America's complaint. The extent of Mr. Meyerstein's answer to the plaintiff's complaint is limit...
2019.10.1 Motion for Determination of Good Faith Settlement 039
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2019.10.1
Excerpt: ...itch to the City of Visalia. Defendant Tulare Irrigation District (TID) is a shareholder. On December 27, 2016, Lake Kaweah underwent a flood release. As the result of this flood release, water released in the lake began to encroach on EDC's storage space. By December 31, 2016, EDC's water at Lake Kaweah was released in river channels or was diverted on the river system, causing EDC to lose water. On December 31, 2016, Marc Crenshaw, Watermaster ...
2019.10.1 Demurrer, Motion to Strike 480
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2019.10.1
Excerpt: ...sion, Inc.'s motion to strike without leave to amend. Plaintiff's Request for Judicial Notice as to Exhibits “A” and “B” is granted only as to the date of filing of those documents on file with the Court for Case # VCU 271734 and as to minute orders and other orders for that case that appear in the Court's file for that case. Except for orders from the Court that appear in the Court's file for case # VCU 271734, the Court denies plaintiff...
2019.1.31 Petition to Release Property from Mechanics' Lien, Request for Attorneys' Fees 569
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2019.1.31
Excerpt: ..., 2017; and to Order Petitioner recover from Respondent Robert Hart reasonable attorneys' fees and costs in the total sum of $3,500.00. The Petition is sufficient to establish Petitioner is the owner of real property commonly known as 800 W. Acequia, Visalia, California 93291. In conjunction with his complaint filed against Petitioner, Respondent Robert Hart caused a Mechanics' Lien Claim to be recorded with the office of the Tulare County Record...
2019.1.31 Demurrer, Motion to Strike 167
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2019.1.31
Excerpt: ...' Amended Complaint as to all causes of action, with leave to amend; and (2) To Grant the Motion by Defendant Tri-County Medical Transport, Inc. to Strike Allegations of Plaintiff's Amended Complaint and to strike paragraphs 14 and 16 of the Amended Complaint and to strike paragraphs 2, 3, and 4 of Plaintiffs' prayer for relief, with leave to amend. Plaintiffs shall file any amended pleading within ten (10) days of this order. Defendant's objecti...
2018.8.9 Motion to Set Aside, Vacate Default, Judgment, to Dismiss 940
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2018.8.9
Excerpt: ...onse to this motion. This action arises out of a complaint filed by Capital One Bank against Glen C. Cogburn with a cause of action for account stated. Capital One subsequently entered a default against Mr., Cogburn on October 22, 2010 and default judgment entered on November 29, 2010. Capital One subsequently learned and confirmed that Mr. Cogburn was the victim of fraud as to this account and now seeks to set aside the previously entered defaul...
2018.8.9 Motion for Preliminary Approval of Class Action Settlement 849
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2018.8.9
Excerpt: ...August 17, 2018. The hearing on this motion is continued to August 23, 2018 at 8:30 a.m. in Department 2. If the court signs the order preliminarily approving the class settlement, the matter will go off calendar Plaintiffs' supplemental motion and supporting declarations provide sufficient additional information to support the release language used in the settlement, to support the reasonableness of Plaintiffs' preliminary attorneys' fees and co...
2018.8.2 Motion to Compel Responses, for Production of Docs, Request for Monetary Sanctions 083
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2018.8.2
Excerpt: ...ions Tentative Ruling: To grant defendant Ford Motor Company's Motion to Compel Responses from Plaintiffs to Defendant's First Sets of Form and Special Interrogatories and First Request for Production of Documents. Plaintiffs shall each provide full and complete verified responses to these discovery requests within thirty days from the notice of this ruling. Plaintiffs, jointly and severally, shall also pay monetary sanctions in the total amount ...
2018.8.2 Motion for Preliminary Approval of Class Action Settlement 830
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2018.8.2
Excerpt: ...116, 129. Defendant has filed notice that there is a related action pending in the Santa Clara County Superior Court (Case No. 18CV330245). It is possible that the related case involves the same or overlapping class members with the subject litigation. Plaintiff should provide additional information about the relationship of the two cases and whether class members here may forego rights in the related case upon approval of the subject settlement ...
2018.8.2 Motion for Entry of Judgment 237
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2018.8.2
Excerpt: ...eement” that was intended to resolve Capital One's action against Ms. Jones. Under this agreement, the parties stipulated that a judgment could be entered against Ms. Jones, but would not be entered so long as Ms. Jones made monthly payments on an agreed settlement amount. Ms. Jones subsequently defaulted on November 30, 2017. Capital One now moves the court for entry of judgment, less credit for payments received, plus court costs incurred in ...
2018.7.27 Demurrer 392
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2018.7.27
Excerpt: ...e Defenses asserted in Defendants' Answer, with 10 days leave to amend. (1) Demurrer to Answer No response to the demurrer has been filed. Defendants' Second through Eighteenth Affirmative Defenses asserted in their answer contain no factual allegations to support any of the affirmative defenses. Plaintiff's demurrer is sustained as to each of these affirmative defenses under CCP 430.20(b). Defendants may be able to assert facts sufficient to sup...
2018.7.27 Motion to Deem Matters Admitted, Request for Monetary Sanctions 036
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2018.7.27
Excerpt: ...est for monetary sanctions is granted. The court orders Defendants Bill Dolan and United Signs International to pay to Plaintiff the sum of $390.00 as a monetary sanction. Sanctions are payable within ten (10) days of this order. Proof of service in the file indicates notice of the motion was adequate. No response to the motion has been filed. Plaintiff's moving papers are sufficient to establish Defendants have failed to respond to properly prop...
2018.7.27 Motion for Preliminary Approval of Class Action Settlement 798
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2018.7.27
Excerpt: ...eeking amounts claimed due from Defendant for various wage and hour violations. Defendant has opposed Plaintiff's Complaint. The parties participated in mediation and have executed a settlement agreement to resolve the claims of eligible class members. The class consists of 69 former and current employees who worked at Defendant's dairy. The gross settlement is for $250,000.00. If all of Plaintiff's requested deductions were approved, the net set...
2018.7.26 Demurrer 392
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2018.7.26
Excerpt: ...e Defenses asserted in Defendants' Answer, with 10 days leave to amend. (1) Demurrer to Answer No response to the demurrer has been filed. Defendants' Second through Eighteenth Affirmative Defenses asserted in their answer contain no factual allegations to support any of the affirmative defenses. Plaintiff's demurrer is sustained as to each of these affirmative defenses under CCP 430.20(b). Defendants may be able to assert facts sufficient to sup...
2018.7.20 Motion to Determine Prevailing Party, to Fix Amount of Attorneys' Fees 492
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2018.7.20
Excerpt: ... includes the amount of $960.00 as attorneys' fees under CCP 1717.7(c). Proof of service in the file indicates notice of the motion was adequate. No response to the motion has been filed. Defendant's moving papers are sufficient to establish Defendant was the prevailing party in this action to recover on an open book account. Defendant is entitled to recover as costs his reasonable attorneys' fees not to exceed $960.00. (CCP 1717.7(c).) Defendant...
2018.7.20 Motion for Determination of Good Faith Settlement 930
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2018.7.20
Excerpt: ...fficient to show the settlement between Woodside Homes and Talons Landscape Development, Inc. was made in good faith and is reasonable under CCP 877.6 and Tech Bilt, Inc. v. Woodward‐Clyde & Associates (1985) 38 Cal.3d 488. If no one requests oral argument, the court is prepared to sign the form of order lodged by Movant. ...
2018.7.20 Motion for Change of Venue 130
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2018.7.20
Excerpt: ... when a third party purchased the property through escrow which closed on or about January 3, 2018 shortly after this action was commenced in December of 2017. As a result of the property sale, the only issue remaining between the parties is whether Plaintiff is entitled to recover from Defendants some portion of the amounts Defendants were paid out of escrow for the release of their liens. In no event will any determination by this court in this...
2018.7.20 Motion for Appointment of Receiver, Issuance of Injunction 755
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2018.7.20
Excerpt: ...ble to locate Respondent to effectuate personal service. Notice has been posted at the subject property in Exeter and notice has been mailed to Respondent's last known address in the People's Republic of China. No response to the petition or to the motion has been filed. Petitioner has not received any contact from Respondent. The petition and motion involve commercial real property in Exeter which appears to have been abandoned. The property has...
2018.7.19 Motion to Determine Prevailing Party, to Fix Attorneys' Fees 492
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2018.7.19
Excerpt: ... includes the amount of $960.00 as attorneys' fees under CCP 1717.7(c). Proof of service in the file indicates notice of the motion was adequate. No response to the motion has been filed. Defendant's moving papers are sufficient to establish Defendant was the prevailing party in this action to recover on an open book account. Defendant is entitled to recover as costs his reasonable attorneys' fees not to exceed $960.00. (CCP 1717.7(c).) Defendant...
2018.7.19 Motion for Change of Venue 130
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2018.7.19
Excerpt: ... when a third party purchased the property through escrow which closed on or about January 3, 2018 shortly after this action was commenced in December of 2017. As a result of the property sale, the only issue remaining between the parties is whether Plaintiff is entitled to recover from Defendants some portion of the amounts Defendants were paid out of escrow for the release of their liens. In no event will any determination by this court in this...
2018.7.19 Motion for Appointment of Receiver, Issuance of Injunction 755
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2018.7.19
Excerpt: ...ble to locate Respondent to effectuate personal service. Notice has been posted at the subject property in Exeter and notice has been mailed to Respondent's last known address in the People's Republic of China. No response to the petition or to the motion has been filed. Petitioner has not received any contact from Respondent. The petition and motion involve commercial real property in Exeter which appears to have been abandoned. The property has...
2018.7.12 Demurrer 465
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2018.7.12
Excerpt: ...ion that supports compliance with §430.41(a)(3) as set forth in this ruling. If the moving party has complied with CCP 430.41 as set forth herein, the Court will publish a tentative ruling that addresses the merits of this demurrer on the day before the continued hearing date. In the event of non-compliance, defendant Sepulveda's demurrer will be overruled on those grounds. Any party that demurrers to a pleading must comply with the mandatory pr...
2018.7.12 Motion to Fix Attorney Fees 803
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2018.7.12
Excerpt: ...udicial Notice is granted as to Items 1-6 of plaintiff's Request for Judicial Notice under Evidence Code §452(d). Plaintiff's Request for Judicial Notice is granted as to Item #7 of plaintiff's Request for Judicial Notice only as to the date of filing of the documents on file with the Court for this action and as to minute orders and other orders for this case that appear in the Court's file. Except for orders from the Court that appear in the C...
2018.7.12 Motion for Summary Judgment 095
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2018.7.12
Excerpt: ... being filed. Plaintiff's Request for Judicial Notice is granted as to Exhibits “JN 1” and “JN 2” under Evidence Code §452(a) and §452(b) OPERATIVE FACTS Plaintiff AEB's complaint alleges that within the last four years Dolan and USI became indebted to AEB for goods, wares, and merchandise obtained from AEB at Dolan and USI's request under a line of credit that Dolan and USI had obtained. Dolan and USI applied to AEB for a credit card a...
2018.6.28 Motion to Strike, to Terminate Sanctions, for Judgment 672
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2018.6.28
Excerpt: ...To calendar an Order to Show Cause to be heard on August 2, 2018 at 8:30 a.m.in Department 2 of this court as to why defendant Sheena Velasquez's answer to plaintiff's complaint should not be stricken and a default judgment entered against this defendant, and why monetary sanctions under CCP §177.5 in the amount of $750.00 should not be imposed against defendant Velasquez based on defendant's disobedience of the Court's November 30, 2017 order. ...
2018.6.28 Motion for Preliminary Approval of Class Action Settlement 849
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2018.6.28
Excerpt: ...Cal. App. 4th 116, 129. 1. Sufficiency of Amount of Settlement This class action relates to 5,245 employees of Defendants' Dairy and Cheese production facilities. Plaintiffs seek recovery for Defendants' failure to provide adequate meal breaks. The parties reached a settlement of Plaintiffs' claims at mediation. The gross amount to be paid by Defendants under the settlement is $3,200,000.00. If all of Plaintiffs' requested deductions were approve...
2018.6.28 Demurrer 937
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2018.6.28
Excerpt: ...ing: To sustain Defendant's demurrer with leave to amend. Plaintiffs shall have twenty days to amend their complaint. OPERATIVE FACTS On July 14, 2006, plaintiffs Linden and Odessa Beckford (“The Beckfords”) obtained a loan in the amount of $85,000.00 to purchase the investment property at 19497 Road 234, Strathmore, California 93267 “as a rental unit.” The Beckfords executed a promissory note that was secured by a deed of trust recorded ...
2018.6.21 Motion to Compel Arbitration 765
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2018.6.21
Excerpt: ...ial District's Demurrer as to Plaintiff's Complaint is sustained without leave to amend All parties to this action were given timely and proper notice of this demurrer. There has been no response to this demurrer As to Exhibit “A,” defendant's request for judicial notice is granted only as to the date of filing of the plaintiff's complaint in this present action. Except for orders from the Court that appear in the Court's file for this case, ...
2018.6.21 Motion for Summary Judgment 725
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2018.6.21
Excerpt: ...(c)) and must view the evidence and inferences "in the light most favorable to the opposing party." See Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843; Ragland v. U.S. Bank Nat'/ Assn. (2012) 209 Cal.App.4th 182, 199 "If a party moving for summary judgment . . . would prevail at trial without submission of any issue of material fact to a trier of fact for determination, then he should prevail on summary judgment." Ag...
2018.6.21 Motion for Reconsideration 027
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2018.6.21
Excerpt: ... all defendants except Castlewood Partners, Inc. without leave to amend as to plaintiff's first and second causes of action and directed the plaintiff to file an amended complaint within thirty days from the notice of this ruling. The notice of ruling was served by mail on April 24, 2018, and on May 2, 2018 plaintiff responded with the motion for reconsideration that is presently before this Court. AUTHORITY AND ANALYSIS The legislative intent be...
2018.6.21 Motion for Final Approval of Class Action Settlement 526
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2018.6.21
Excerpt: ...ttlement that was preliminarily approved on February 8, 2018, including the supporting declarations of Javier Larios, Norman Alcantara, Santos Gomez, and Gregory N. Karasik. From this review the Court makes the following findings; (1) The requirements for class certification under Code of Civil Procedure §382 are satisfied as to, and certifying for settlement purposes, a settlement class comprised of all persons who at any time between March 9, ...
2018.6.21 Motion for Final Approval of Class Action 900
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2018.6.21
Excerpt: ...inal approval of class action settlement that was preliminarily approved on March 15, 2018, including the supporting declarations of Manuel Soto, Maria Esmeralda Vizzusi, Santos Gomez, and Mai C. Vang. From this review the Court makes the following findings: 1. All the requirements for class certification under Code of Civil Procedure §382 are satisfied as to, and certifying for settlement purposes, a settlement class comprised of all persons wh...

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