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2022.07.07 Demurrer 996
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.07.07
Excerpt: ... 6317.) Here, on or about June 26, 2018, the Divisoin issued Citation 1 to Petitioner alleging a violation of Title 8, California Code of Regulations (“CCR”) § 3314(c). (Petition ¶5.) The citation is classified as “Serious Accident‐Related”, and the Division proposed penalties of $18,000. (Petition ¶5.) The employer then has 15 working days from receipt of the citation to notify the Board that it wishes to contest the citation. (Labo...
2022.07.07 Motion for Leave for Precertification Discovery to Identify New Class Representative 873
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.07.07
Excerpt: ...expense reimbursement, accurate wage statement, waiting time and unfair competition claims against Defendants TD Contracting, Inc, Wawona Farm Co. LLC, Gerawan Farming and Kenneth Duerksen dba TD Contracting. Counsel for Plaintiff states that Arroyo is suffering from poor and deteriorating health to the point that he is no longer in communication with class counsel, Stansbury Brown Law, PC, cannot sit for his deposition and cannot fulfill his dut...
2022.07.05 Petition for Minor's Compromise 618
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.07.05
Excerpt: ...ion filed May 4, 2022 by Avrek Law Firm entitled In the Matter of Castillo, Roberto, Case No. VCU291576. The documents filed with each case appear identical. Counsel is invited to clear up this issue at the hearing. Facts Petitioner is Robert Castillo, the father of the 12‐year‐old minor Carlos Castillo. Petitioner now brings a petition to approve the compromise of a settlement offer to the minor child. According to the Petition, on April 20,...
2022.07.05 Demurrer 591
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.07.05
Excerpt: ..., attached to the complaint is signed by Craig Branco, as “Landlord or Landlord's Agent.' Defendant demurrers to this complaint on the basis that documents recorded regarding the Subject Property list stated that the Subject Property was as of 2016, transferred to “3‐B Ranch, a California general partnership.” Judicial Notice Defendant requests judicial notice of the following: 1. “The last recorded deed at the Tulare County Recorder's ...
2022.06.23 Motion for Preliminary Approval of Class Action and PAGA Settlement 808
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.06.23
Excerpt: ....33) The Court previously approved the gross settlement amount of $1,850,000. The gross settlement fund has been reduced to $1,840,000 to account for the individual settlement of Plaintiff John Cook's individual claims set forth in Cook v. Land O'Lakes, Inc., Case No. 1:20‐ CV‐00553‐NONE‐SAB. The settlement between all parties sought to globally resolve both the individual Cook action and the representative action. However, Cook's individ...
2022.06.23 Motion for Final Approval Class Action and PAGA Settlement, for Attorney Fees, Service Awards, and Claims Administration 096
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.06.23
Excerpt: ...December 22, 2022; 8:30 am; D1. CMC is taken off calendar. (1) and (2) Plaintiff's motions for final approval of class action and PAGA settlement, attorneys' fees, costs, enhancement award, LWDA payment and class certification for settlement purposes came on for hearing on June 23, 2022. The court finds and rules as follows: On January 13, 2022, the settlement administrator, Phoenix Settlement Administrators, received a mailing list of 73 potenti...
2022.06.23 Demurrer to FAC 311
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.06.23
Excerpt: ...y and tenth cause of action for breach of duty of loyalty; to overrule the demurrer as to the twenty‐first cause of action for unfair competition against Love Plants; to overrule the demurrer as to the fourteenth through twenty fifth‐ causes of action based on inconsistent fact pleading. Case Management Conference is continued to July 11, 2022; 8:30 am; D1. To sustain the demurrer with leave to amend as to the third cause of action for violat...
2022.06.02 Motion for Preliminary Approval of Class Action and PAGA Settlement 599
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.06.02
Excerpt: ... The Court previous approved the sufficiency of the amount of the settlement, including the assessment of the value of the various claims and penalties, including evaluation of the various strengths and weaknesses of Plaintiffs' case and Defendant's defenses to Plaintiffs' claims. The Court further previously approved the class notice period, the content of the class notice, the claims administrator, the recipient of unclaimed settlement proceeds...
2022.06.02 Demurrer 437
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.06.02
Excerpt: ...fendants now demurrer to the First Amended Complaint for failure to file a timely government tort claim and for failure to state a cause of action. Authority and Analysis Before filing a demurrer, the demurring party is required to meet and confer with the party who filed the pleading demurred to for the purpose of determining whether an agreement can be reached that would resolve the objections to be raised in the demurrer. (Code Civ. Proc. § 4...
2022.06.02 Demurrer 289
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.06.02
Excerpt: ...ior Court Case No. VCU289281 (the “Class Action”). On January 31, 2022, Plaintiff filed this Complaint against the same parties, and based upon the same factual allegations (the “PAGA Action.”) Defendant points out that there are substantial similarities between the actions, though the PAGA Action advances two additional theories of liability. Defendant categorizes this as an improper attempt to “split claims” and “game the legal sy...
2022.06.02 Demurrer 247
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.06.02
Excerpt: ... the TPA including the following: “Under the TPA, the most common exemptions from just cause eviction laws are: (1) separately alienable single‐family dwellings, including a condominium, as long as the property is not owned by a corporation; a limited liability company with a corporate member; or a real estate investment trust. For this exemption to apply, the landlord must first give the tenant applicable notice of the exemption…” The si...
2022.06.02 Demurrer 082
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.06.02
Excerpt: ...ant demurrers to the complaint, contending plaintiff failed to file a timely government tort claim and that the complaint fails to state a cause of action. Authority and Analysis Before filing a demurrer, the demurring party is required to meet and confer with the party who filed the pleading demurred to for the purpose of determining whether an agreement can be reached that would resolve the objections to be raised in the demurrer. (Code Civ. Pr...
2022.05.26 Demurrer, Motion to Strike 196
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.05.26
Excerpt: ...qudah), was previously resolved by stipulated judgment. SPAS then sued Alqudah for breach of contract, seeking, inter alia, recovery of unpaid rent. Alqudah cross‐complained against SPAS, initially alleging causes of action for breach of contract and “fraud and misrepresentation.” This court granted an anti‐SLAAP motion to strike, as to Alqudah's breach claim, and sustained a subsequent demurrer to Alqudah's fraud claim. Alqudah filed a f...
2022.05.26 Motions for Summary Judgment, to Compel Further Responses 416
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.05.26
Excerpt: ...dant Visalia Tile Inc. Tentative Rulings: (1‐5) To deny plaintiffs' motions for summary adjudication. (6) and (7) There are no tentative rulings on the merits for these motions. Per the request of the parties, this is a continued hearing date for these motions. In the event the motions are fully resolved, please advise the D1 clerk and the motions will be taken off calendar. Class representative plaintiffs James Alvarez, Juan Barrera, Raul Chav...
2022.05.26 Motion for Preliminary Injunction 143
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.05.26
Excerpt: ...easement and from destructing or removing the easement. Plaintiff's motion states that in 2016, Defendant Sanchez sought a lot line adjustment to combine Tulare County Assessor Parcel Numbers 316‐050‐042 and 316‐050‐041 into one (1) undivided parcel subsequent renumbered as Tulare County Assessor Parcel Number 316‐050‐050 and to divide Tulare County Assessor Parcel Number 316‐050‐028 into two (2) separate parcels subsequently renu...
2022.05.19 Motion to Compel Arbitration 494
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.05.19
Excerpt: ...argument is requested, the hearing for argument will be continued to May 26, 2022; 8:30 am; D1. A. Facts On January 4, 2022, Plaintiff filed a lawsuit against Defendants alleging: (1) Wrongful Termination in Violation of Public Policy, (2) Sexual Orientation Discrimination under the Fair Employment and Housing Act, (3) Sex Discrimination under the Fair Employment and Housing Act, (4) Age Discrimination under the Fair Employment and Housing Act, (...
2022.05.19 Motion to Award Reasonable Attorney Fees 107
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.05.19
Excerpt: ...d at 10246 Avenue 388, Dinuba, California 93618. Plaintiff caused a sixty‐day notice to be served on October 25, 2021. The notice is directed at “Antonio Hauracha & to all other residents or occupants.” Plaintiff filed this action on February 2, 2022, naming Defendant Hauracha. Plaintiff served the summons, complaint, cover sheet, and prejudgment claim of right of possession on Defendant Huaracha and on “All Unknown Occupants in Possessio...
2022.05.19 Motion for Final Approval of Class Action and PAGA Settlement, for Attorney Fees 266
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.05.19
Excerpt: ...is requested, the Court will adopt the tentative ruling. In the event oral argument is requested, the hearing for argument will be continued to May 26, 2022; 8:30 am; D1. Plaintiff's motion for final approval of class action and PAGA settlement, attorneys' fees, costs, enhancement award, LWDA payment and class certification for settlement purposes came on for hearing on May 19, 2022. The court finds and rules as follows: On February 23, 2022 the ...
2022.05.19 Demurrer, Motion to Strike Attorney Fees 848
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.05.19
Excerpt: ...10 days to amend; To overrule the demurrer as to the fourth cause of action. (2) As to punitive damages and attorneys' fees, the motion to strike is moot based on the ruling on demurrer; The Court denies the motion as to other allegations made by Plaintiff sought to be struck on the basis of the PREP Act. If no oral argument is requested, the Court will adopt the tentative ruling. In the event oral argument is requested, the hearing for argument ...
2022.05.05 Petition for Minor's Compromise 831
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.05.05
Excerpt: ...inor child. According to the Petition, on September 16, 2020, the minor was a passenger in a vehicle which was struck by another vehicle. (Petition at 5, 6.) The minor sustained injuries to her head, back, neck, left knee and right knee. (Petition at 7.) The Petition states the minor has recovered completely from the effects of the injuries. (Petition at 9a.) The minor received treatment from Dr. Lester and ML Healthcare Services. The Court notes...
2022.05.05 Motion for Summary Judgment 877
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.05.05
Excerpt: ...ebruary 20, 2020. Here, Plaintiff objects on grounds that Defendant has filed a second summary judgment motion without providing new facts or new law as required under California Code of Civil Procedure section 437c(f)(2), Le Francois v. Goel (2005) 35 Cal. 4th 1094, 1098, Bagley v. TRW, Inc. (1999) 73 Cal.App.4th 1092, 1097; and Schacter v. Citigroup (2005) 126 Cal. App. 4th 726. The Court notes initially that the defense under the Privette v. S...
2022.04.28 Motion for Preliminary Approval of Class Action and PAGA Settlement 599
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.04.28
Excerpt: ...ot file for a second time the moving papers and declarations that are already on file with the Court. The hearing on this matter is continued to June 16, 2022 at 8:30 a.m.in Department 1 of this court. Case management conference is likewise continued to June 16, 2022 at 8:30 a.m. in Department 1. 1. Sufficiency of Amount of Settlement (Net Estimated: $2,180,000.00) The gross settlement amount is $3,925,000.00. Plaintiffs estimate approximately 1,...
2022.04.21 Demurrer to FAC 311
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.04.21
Excerpt: ...duty and tenth cause of action for breach of duty of loyalty; to overrule the demurrer as to the twenty‐first cause of action for unfair competition against Love Plaints; to overrule the demurrer as to the fourteenth through twenty fifth‐ causes of action based on inconsistent fact pleading. Case Management Conference is continued to June 23, 2022; 8:30 am; D1. To sustain the demurrer with leave to amend as to the third cause of action for vi...
2022.04.21 Demurrer, Motion to Strike 595
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.04.21
Excerpt: ...sult, moot. This case arises from plaintiff/cross‐defendant Central Valley Resource Recovery, LLC's (CVRR) breach of contract action against the City of Tulare (City) concerning CVRR's March 2015 contract with the City for removal of biosolids from the City's wastewater treatment plant. The City has cross‐complained against CVRR and third‐parties Patrick McLafferty and Hydros Agritech Inc. (Hydros) alleging various claims sounding in fraud ...
2022.04.21 Motion for Discovery 089
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.04.21
Excerpt: ...ies 1, 2, 3, 4 and 14 only of the enumerated list on page 14 of the motion. The Court will further permit document production prior to the depositions. Sinclair shall produce documents responsive to Nos. 53, 58, 59, 60 and 61. Platt shall produce documents responsive to Nos. 53, 56, 58, 59. However, all production shall be limited to the period of time from January 1, 2019 through July 31, 2020. Facts On May 23, 2021, Plaintiff/Cross ‐Defendant...
2022.04.21 Motion for Leave to File FAC 823
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.04.21
Excerpt: ... subcontractors to develop and/or construct the homes. Per their subcontracts, the subcontractors were required to name Centex as an additional insured on their general liability policies of insurance. Centex brings this motion for leave to file an amended cross‐complaint to name an additional four subcontractor insurance carriers, add subcontractor insurance policies issued by existing parties, and the correction of minor errors such as incorr...
2022.04.21 Motion to Set Aside Entry of Default 470
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.04.21
Excerpt: ...o quit for breach of covenants for material breach of the rental agreement based on violations of an occupation limit and no pets term. On March 8, 2022, Plaintiff filed this complaint. On March 22, 2022, the Court ordered Plaintiff to be permitted to serve Defendant Julie Musgrave by posting and mailing. However, on March 23, 2022, a proof of service filed indicates Defendant was served personally with the summons and complaint. On April 1, 2022...
2022.04.14 Motion to Set Aside Dismissal and Enter Judgment 257
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.04.14
Excerpt: ...ipulation, Defendant hereby waives any and all requirements for a Motion for Entry of Judgment on this Stipulation;” and “11. The parties agree that upon execution and return of the Stipulation along with the first payment due under the monthly payment plan, Plaintiff shall file a conditional notice of settlement or dismissal of the action. If a dismissal of the action is to be filed, the parties agree that the Court shall retain jurisdiction...
2022.04.14 Motion for Preliminary Approval of Class Action and PAGA Settlement 808
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.04.14
Excerpt: ...n file with the Court. The hearing on this matter is continued to June 23, 2022; 8:30 am; D1. Case management conference is likewise continued to June 23, 2022; 8:30 am; D1. 1. Sufficiency of Amount of Settlement (Net Estimated: $1,170,833.33) The gross settlement amount is $1,850,000.00 Plaintiffs estimate approximately 612 proposed Class Members with an average payment of approximately $1,800.00. The Class Members consist of: “current and for...
2022.04.14 Motion for Final Approval of Class Action and PAGA Settlement, Attorney Fees 915
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.04.14
Excerpt: ...ff calendar. Plaintiff's motion for final approval 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 14, 2022. On September 17, 2022, the settlement administrator, Simpluris, Inc., received a mailing list of 1,758 potential class members from Defendant's counsel with names, contact information, social security numbers and releva...
2022.04.07 Motion to Quash 683
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.04.07
Excerpt: ... or Quit with Blank Declaration of Covid‐19 Related Financial Distress (Rent Due September 1,2020 ‐ September 30, 2021.) This first notice was served January 28, 2022. The second notice is a “Notice to Pay Rent in 3‐Days or to Quit (Vacate) and Surrender Possession of the Premises in 30 Days (Covid‐19 Recovery Period for Rents due from October 1,2021 to March 31,2022; CARES ACT Premises.) This second notice was served January 28, 2022. ...
2022.04.07 Motion to Deem RFAs Admimtted, to Compel Compliance with Prior Court Order, for Terminating Sanctions 338
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.04.07
Excerpt: ...mon to All Motions This matter was originally two cases which have since been consolidated. The Plaintiff is the same in both cases and the cases share Defendant Theodore Jeske. On the first case, Case No. VCU284337, Plaintiff, on February 26, 2021, served Form Interrogatories, Set One, Special Interrogatories, Set One, and Requests for Production of Documents, Set One on Defendant Theodore Jeske through his counsel at that time Joseph M. Simoes....
2022.03.24 Motion to Set Aside Default 508
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.03.24
Excerpt: ...x‐parte motion filed in VCL 196905 will be heard in D1. Facts Plaintiffs Marie Soto and David Weinberger filed this action for battery, assault, negligent, and IIED on June 25, 2021 against Defendants Aurelia Rocha, Ernest Rocha, Melissa Castro and Christopher Castro. A notice of related case was filed June 25, 2021 and again on January 27, 2022 indicating Case No. VCL 196905 involve the same parties and is based on the same of similar claims a...
2022.03.24 Motion for Final Approval of Class Action Settlement, for Attorney Fees 829
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.03.24
Excerpt: ...lass action and PAGA settlement, attorneys' fees, costs, enhancement award, LWDA payment and class certification for settlement purposes came on for hearing on March 24, 2022. Between November 8, 2021 and November 16, 2021, the settlement administrator, Phoenix Settlement Administrators, received three data files containing 2,998 names, contact information, social security numbers and relevant employment information of class members. On November ...
2022.03.17 Motion to Withdraw as Counsel 756
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.03.17
Excerpt: ...utions and Dynamic Integrated Systems Solutions Corp. filed and served, as to each Defendant, the following, in support of his request to withdraw as counsel: (1) MC‐051 ‐ Notice of Motion and Motion to be Relieved as Counsel; (2) MC‐052 – Declaration in Support of Attorney's Motion to Be Relieved as Counsel; and (3) MC‐053 ‐ Order Granting Attorney's Motion to Be Relieved as Counsel Additionally, Counsel Kadin has filed proofs of ser...
2022.03.17 Motion for Final Approval of Class Action, for Attorney Fees 085
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.03.17
Excerpt: ...GA settlement, attorneys' fees, costs, enhancement award, LWDA payment and class certification for settlement purposes came on for hearing on March 17, 2022. On October 22, 2021, the settlement administrator, Phoenix Settlement Administrators, received a data file containing 117 potential class members from Defendant's counsel with names, contact information, social security numbers and relevant employment information. On December 15, 2021, the a...
2022.03.10 Motion for Final Approval of Class Action, Attorney Fees 910
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.03.10
Excerpt: ...ass action and PAGA settlement, attorneys' fees, costs, enhancement award, LWDA payment and class certification for settlement purposes came on for hearing on March 10, 2022. Between July 26, 2021 and August 17, 2021, the settlement administrator, Phoenix Settlement Administrators received a mailing list of 417 potential class members from Defendant's counsel with names, contact information, social security numbers and relevant employment informa...
2022.03.10 Motion to Strike Punitive Damages 291
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.03.10
Excerpt: .... Plaintiff was referred to Needham by her psychiatrist. Plaintiff has sued Needham and a number of entities related to Kaweah Delta (“Kaweah Defendants.”) for professional negligence (first cause of action), intentional infliction of emotional distress (second cause of action), battery (third cause of action), sexual battery (fourth cause of action), sexual conduct by a therapist (fifth cause of action), breach of fiduciary duty (sixth cause...
2022.03.10 Motion for Leave to File Complaint 286
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.03.10
Excerpt: ...section of Inyo and South “E” Street in Tulare County involving disputed liability over which driver ran the red light. At issue presently is the inadvertent failure of Defendant's counsel to file Defendant's cross‐complaint with Defendant's answer. Defendant is represented through her insurance carrier in defense of this lawsuit and separate counsel on her proposed cross‐complaint. Plaintiff filed this lawsuit on August 18, 2021. Defenda...
2022.03.10 Motion to Compel Second IME 690
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.03.10
Excerpt: ...s Motion is Defendants' request to conduct a second medical examination after Plaintiff underwent “spinal cord simulator trial” surgery after the initial medical examination. Plaintiff alleges the injury occurred June 15, 2019. Plaintiff filed this matter April 24, 2020. Plaintiff has been diagnosed with Complex Regional Pain Syndrome (CRPS), and as a result allegedly suffers from daily and constant pain throughout her body, specifically on h...
2022.03.03 Motion to Enforce Settlement 960
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.03.03
Excerpt: ...ement, the parties had some issue regarding the transfer that resulted in Plaintiff suing Defendant for quiet title, financial elder abuse, breach of contract, declaratory relief, fraud and unjust enrichment. The parties attended mediation and settled their dispute the first time in or around March 2020. The basic terms of this settlement at mediation required Defendant to pay Plaintiff $16,000 within 120 days. After receipt of payment, Plaintiff...
2022.03.03 Motion for Judgment on the Pleadings 691
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.03.03
Excerpt: ... C. Johnson at Defendant's request. Plaintiff alleged damages in the amount of $7,250.38. Defendant answered the complaint on November 4, 2020. On March 11, 2021, Plaintiff moved this Court to deem admitted requests for admissions, set one, numbers 1 through 5. On May 13, 2021, the Court adopted its tentative ruling, deeming admitted the truth of each matter specified in requests for admissions numbers 1 through 5. These requests, now admitted, a...
2022.03.03 Demurrer, Motion to Strike 196
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.03.03
Excerpt: ...ecember 30, 2021, defendant/cross‐complainant Ihssan Alqudah (Alqudah) filed a first amended cross‐complaint in this action alleging fraud and misrepresentation against plaintiff/cross‐defendant SPAS Center Outparcel, LLC (SPAS) after this court sustained a demurrer to that cause of action by SPAS. The sole other cause of action from the initial complaint, a breach of contract claim, was previously stricken by this court on motion by SPAS. ...
2022.02.17 Motion to Vacate Notice of Settlement of Entire Case 588
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.02.17
Excerpt: ...ar days before the conference. Defendant filed a notice of settlement of entire case on October 1, 2021. On December 7, 2021, plaintiff moved to “vacate” the notice of settlement, maintaining plaintiff had not accepted defendant's settlement proposal, which apparently precipitated filing of the settlement notice. On January 18, 2022, defendant submitted a declaration by a paralegal employed by its counsel averring the settlement notice was fi...
2022.02.17 Motion for Preliminary Approval of Class Action Settlement 224
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.02.17
Excerpt: ...ndar. Hearing on Final approval is set for July 14, 2022; 8:30 am; D1. This motion for preliminary approval of class action settlement returns for hearing following a prior continuance to allow filing of supplemental declarations as to the proposed class‐enhancement payment to plaintiff, plaintiff's cost reimbursement request, and the proposed cy pres recipient. Plaintiff submits a supplemental declaration, including an estimate of the amount o...
2022.02.10 Motion to Enforce Settlement 338
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.02.10
Excerpt: ...at email correspondence between Plaintiff's counsel and Defendant's counsel appears to indicate Defendant's counsel no longer represents Defendant. However, the Court has not received a substitution of attorney or motion to withdraw from Defendant's counsel. Plaintiff Francisca Cuevas (“Francisca”), based on the Settlement Agreement attached as Exhibit A and filed with the Court August 19, 2020, alleges that Defendant Mary Correa (“Mary”)...
2022.02.10 Motion for Attorney Fees Following Anti-SLAPP Motion to Strike 196
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.02.10
Excerpt: ... 2021. Here, SPAS seeks $7,620.00 in attorneys' fees representing chiefly 38 hours at $195 per hour spent “researching case law, reviewing case files, drafting moving papers, preparing exhibits, reviewing the tentative ruling, preparing for the hearing, attending the hearing, reviewing time diaries, reviewing cost diaries, drafting a demand letter, and drafting this motion and accompanying papers.” SPAS has not submitted an itemized or detail...
2022.02.03 Motion for Issuance of Class Notice 416
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.02.03
Excerpt: ...viously been continued to January 13, 2022 from the initial hearing date of December 23, 2021 for the parties to meet and confer to address disputes concerning the content of the class notice. At the December 23, 2021 hearing, the court adopted its tentative ruling in which this court: (a) held that class notice is appropriate (Cal. Rules of Court, rule 3.766); (b) directed the parties to meet and confer regarding disputes over the content of the...
2022.02.03 Motion for Preliminary Approval of Class Action and PAGA Settlement 266
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.02.03
Excerpt: ...00.00. Plaintiffs estimate approximately 105 members of the “Independent Contractor Class” with an average payment of approximately $5,244.76 and 139 members of the “Company Driver Class” with an average payment of approximately $990.47. The Independent Contractor Class in this action consists of persons who directly signed a contract with Defendant and performed services for Defendant within the State of California, but were classified a...
2022.02.03 Motion for Preliminary Injunction 858
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.02.03
Excerpt: ...rn and northern portion of the Subject Property containing equestrian facilities. (“Life Estate Property.”) Since 2012, Defendant has operated Sequoia Hills Stables on the Life Estate Property. The life estate notes Defendant “shall have the exclusive use and enjoyment” of the Life Estate Property. At issue here is access via a driveway (“Subject Driveway”) on the northern edge of the Subject Property and located within what appears t...
2022.02.03 Motion to Compel Further Responses 863
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.02.03
Excerpt: ...notice. To impose sanctions totaling $2,450 for all three motions against Defendant. Facts Common to All Discovery Motions This matter involves a subdivision agreement between the Plaintiff City of Tulare and Defendants Del Lago Place. Plaintiff filed its complaint for breach of contract, promissory fraud, breach of implied covenant of good faith and fair dealing, enforcement of its performance bond and breach of utility contract. Plaintiff alleg...
2022.02.03 Motion to Vacate Default Judgment 123
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.02.03
Excerpt: ...7 bankruptcy protection in 2018. In 2019, Defendant filed for personal bankruptcy protection under Chapter 13, but did not list Plaintiff as a creditor. On January 8, 2021, Plaintiff successfully obtained relief from the automatic stay to enforce the personal guarantee against Defendant. On May 26, 2021, Plaintiff filed this action for breach of the guaranty. Defendant was served on June 15, 2021. Defendant failed to file a responsive pleading. T...
2022.01.27 Motion to Strike 311
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.01.27
Excerpt: ...ach of contract and conversion of intellectual property. As to conversion, Plaintiff seeks punitive damages on the basis of purposeful and malicious conversion. A comparison of the Complaint and First Amended Complaint reveals the same general set of facts. On January 15, 2021, the parties entered into a written contract whereby Plaintiff would pay Defendant $5,000 per month and Defendant was obligated to live stream 2‐3 times per week for a fe...
2022.01.27 Motion to Set Aside Default Judgment 508
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.01.27
Excerpt: ...lissa Castro and Christopher Castro. Defendants Aurelia and Ernest were served but did not file a responsive pleading. Defendants Aurelia and Ernest, however, did personally appear at the case management conference on November 2, 2021 and the Court's minutes reflect Aurelia and Ernest had not filed an answer. Entry of default was entered against them on November 8, 2021. On November 12, 2021, Aurelia and Ernest retained counsel. Plaintiffs now se...
2022.01.27 Motion for Summary Judgment 798
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.01.27
Excerpt: ...sure sale under section 1161a(b)(3). As an affirmative defense, Defendant alleges that Plaintiff's predecessor in interest had no authority to transfer the Premises to Plaintiff pursuant to the Trustee's Deed After Sale alleged in the Complaint. (Defendant's Answer ¶ 3.v.) Request for Judicial Notice Evidence Code section 452(c) and (h), respectively, permit a court, in its discretion, to take judicial notice of the existence and recordation of ...
2022.01.27 Demurrer 872
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.01.27
Excerpt: ...ent for the purchase and sale of commercial real property in the city of Visalia. Disputes arose when buyers decided they no longer wish to move forward with purchase of the property. Chicago Title has specifically interpleaded as to buyers and sellers competing claims to buyers' initial earnest money deposit. Following Chicago Title's complaint, buyers cross‐complained against sellers and their brokers seeking damages for breach of contract ag...
2022.01.20 Motion for Preliminary Injunction 107
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.01.20
Excerpt: ...ment consisting of a right of way over a 20‐ foot‐wide strip of land (the “Easement Area.”) Half of the Easement Area, 10 feet, is located on the southside of the Blankenship Property. The remaining 10 feet of the Easement Area is located on the northside of the property located at 14200 Avenue 328 #A in Visalia owned by Defendants and Cross‐Complainants Richard and Jana Creegan (“Creegans.”) The Blankenships move for a preliminary ...
2022.01.20 Motion for Preliminary Approval Class Action and PAGA 266
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.01.20
Excerpt: ...clarations that are already on file with the Court. Accordingly, the motion to approve the settlement pursuant to the Private Attorney General Act of 2004 is preliminarily denied without prejudice. The hearing on this matter is continued to March 3, 2022 at 8:30 a.m.in Department 1 of this court. Case management conference is likewise continued to March 3, 2022 at 8:30 a.m. in Department 1. 1. Sufficiency of Amount of Settlement (Net Estimated: $...
2022.01.13 Motion to Compel Further Responses 173
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.01.13
Excerpt: ...ngs: To deny Defendant's Motions (1) Requests for Admissions Set No 2, Nos. 43‐71; (2) Special Interrogatories Set No. 2 Nos 1‐79; (3) Production of Documents. To deny any award of sanctions. The remaining motions are off‐calendar. Facts Pursuant to the Court's Minute Order dated December 20, 2022, discovery motion hearing dates reserved for January 27, 2022 were modified to be reserved January 13, 2022. Defendant Calderon filed “Motion t...
2022.01.13 Motion for Trial Preference 464
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.01.13
Excerpt: ...y distress and resulting in an early delivery on June 30, 2020. Plaintiff suffered these injuries after her mother's exposure to COVID‐19. Plaintiff alleges that her mother was exposed to and contracted COVID‐19 while in the course and scope of her employment. Plaintiff alleges that Defendants were negligent and engaged in negligent hiring, training and supervision which proximately caused her damages. Plaintiff seeks economic and non‐econo...
2022.01.13 Motion for Terminating Sanctions 632
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.01.13
Excerpt: ...consisting of Form Interrogatories, Special Interrogatories, Requests for Admissions and Requests for Production of Documents to Plaintiff in June of 2021. Plaintiff provided no responses by the due date. Defendant reached out to counsel for Plaintiff, providing an extension to August 4, 2021. Plaintiff provided no responses by the extended due date. On August 30, 2021, Defendant filed a motion to compel responses to Form Interrogatories, Special...
2021.12.30 Motion to Tax Costs 336
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2021.12.30
Excerpt: ...n October 14, 2021 (after adding five days for mailing) with respect to post judgment costs incurred within the last two years in the amount of $922.50. The Memorandum of Costs also indicates that the remaining principle balance due is $5,355.15 and the accrued interest remaining due is $2,681.87. Defendant Leyva filed, on November 5, 2021, a “Strike or to Tax Costs (Objection to Memorandum of Cost and Declaration of Accrued Interest).” Defen...
2021.12.23 Motion to Set Aside Default Judgment 310
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2021.12.23
Excerpt: ...earances will be required and the Court will grant the motion and order the default to be set aside. Facts This is a breach of contract action that arises out of defendant Elias Camacho Lopez's failure to reimburse plaintiff Budget Rent A Car System for damage done to a vehicle that Mr. Lopez rented from Budget. The Court notes that this matter was filed May 26, 2020, request for default was entered September 8, 2020, the Court denied a prior mot...
2021.12.23 Motion for Summary Judgment, Adjudication 918
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2021.12.23
Excerpt: ...ristopher Stalcup (“Plaintiff”) filed this action for medical malpractice against Kaweah Delta Health Care District (“KDHCD”) and a number of surgeons and treating physicians, including Moving Party Defendant Dr. Abdul Rahman Hamdi (“Dr. Hamdi”). Plaintiff alleges the negligent failure to evaluate, treat, monitor, care for and/or diagnose Plaintiff's injuries resulting from a motorcycle accident, resulting in the development of compar...
2021.12.23 Motion for Leave to Intervene 128
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2021.12.23
Excerpt: ...2, 2021. Prospective Intervenor Loya Casualty Insurance Company (“Loya”) is Defendant's insurance carrier that provided an automobile insurance policy to Defendant in effect on the date of the subject accident. Loya brings this Motion to Intervene after diligent efforts to locate and discuss the case with its insured, Defendant. However, Loya has been unable to make contact with Defendant in order to obtain an authorization to file an answer ...
2021.12.23 Motion for Issuance of Class Notice 416
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2021.12.23
Excerpt: ...nfer to address the disputed matters concerning class notice. Defendant contends plaintiffs' counsel has refused to meet and confer in the development of a neutral notice, while plaintiff maintains defendants' counsel never attempted to do so. Neither party supplies evidence of any meet and confer efforts. The parties are directed to meaningfully meet and confer in advance of the continued hearing date on this motion. The court disagrees with def...
2021.12.16 Motion to Stay Entire Case Pending Resolution of Criminal Case, to Strike 816
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2021.12.16
Excerpt: ... to strike portions of the First Amended Complaint. (1) This matter involves a three‐vehicle collision on June 15, 2019 where a vehicle driven by Defendant Verdugo is alleged to have collided with a vehicle driven by Plaintiff Prado, with whom Plaintiff Rodriguez was a passenger. Defendant Verdugo's vehicle is then alleged to have collided with a third vehicle. On June 18, 2019, the Tulare County District Attorney's Office filed criminal charge...
2021.12.16 Demurrer 215
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2021.12.16
Excerpt: ...9.) In Spring of 2021, Plaintiff discovered more than $20,000 in fraudulent charges. (Complaint, Paragraph 10.) Plaintiff opened a fraud claim with Capital One, which provided Plaintiff with a case number. (Complaint, Paragraph 10.) Although Capital One advised Plaintiff he would not be responsible for fraudulent and unauthorized activity, Capital One subsequently denied his fraud claim and rebilled the charges to his credit card account. (Compla...
2021.12.16 Demurrer 196
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2021.12.16
Excerpt: ...ember 18, 2021, following the filing of SPAS's demurrer, this court granted SPAS's motion to strike Alqudah's first cause of action for breach of contract. Alqudah cause of action based on fraud and misrepresentation is, as a result, the sole remaining cause of action at issue in the demurrer. The court finds that the allegations as to fraud and misrepresentation are insufficient to support the cause of action against SPAS. “In California, frau...
2021.12.02 Motions for Summary Judgment 416
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2021.12.02
Excerpt: ...rovide accurate itemized wage statements alleged by each of plaintiffs (1) James Alvarez, (2) Raul Chavez, Jr., (3) Ruben Marquez, (4) Jeffrey McKeehan, (5) Javier Fonseca, and (6) Juan Barrera. Defendant Visalia Ceramic Tile, Inc. (VCT) filed six separate motions for summary adjudication against plaintiffs Alvarez, Chavez, Jr., Marquez, McKeehan and Fonseca on August 24, 2021. Plaintiffs Alvarez, Chavez, Jr., Marquez, Fonseca, and Barrera filed ...
2021.12.02 Motion for Preliminary Approval of Class Action 076
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2021.12.02
Excerpt: ...the merits evaluation required by Kullar v. Foot Locker Retail, Inc. (2008) 168 Cal.App.4th 116, 129 as well as itemized cost information and a supplemental declaration from the Class Representative, Plaintiff Ronald Acker. On November 24, 2021, the Court received two supplemental declarations from counsel and one declaration from Plaintiff Acker addressing these issues. The supplemental declaration of Heather Davis provides sufficient informatio...
2021.11.18 Demurrer 097
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2021.11.18
Excerpt: ...ly with a claims statute and that he has complied with applicable claims statutes. Plaintiff then alleges a breach of contract whereby the breach occurred July 30, 2018. The Court's review of the complaint notes that no separate cause of action appears to be pled for defamation, although defamation is listed as a cause of action under Section 8 of the form complaint. The Court, however, exercises its discretion to give a reasonable interpretation...
2021.11.18 Demurrer, Motion to Strike 291
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2021.11.18
Excerpt: ...ses of action (2) The Court grants the motion to strike the references to punitive damages found in paragraphs 38, 48, 55, 61, 72, 88 of the FAC and paragraph 5 of the prayer with 20 days leave to amend. (1) Relevant Facts This matter involves Plaintiff's experiences and treatment by Defendant Needham as her therapist. Plaintiff alleges that Defendant Needham knew Plaintiff was particularly vulnerable, that she was particularly susceptible to har...
2021.11.18 Motion for Final Approval of Class Action, Attorney Fees 300
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2021.11.18
Excerpt: ...val of class action settlement, attorneys' fees, costs and enhancement award came on for hearing on November 18, 2021. The court finds and rules as follows: On July 22, 2021, the settlement administrator, ILYM Group, received a mailing list of 1,585 potential class members from defendant's counsel with names, contact information, social security numbers and relevant employment information. The administrator processed the names through the Nationa...
2021.11.18 Motion for Judgment on the Pleadings 125
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2021.11.18
Excerpt: ...ians, to quiet title to property in Tulare County based on adverse possession. The dispute concerns a small area of land at a portion of the border between the plaintiff's property to the west and Hachigian's property to the east. Plaintiff alleges property she acquired in 2012 (as reflected in a deed attached to her complaint as “Exhibit ‘C' ”) shares a fence with the Hachigians' property to the east. Plaintiff further alleges, “[o]n inf...
2021.11.18 Motion for Preliminary Approval of Class Action Settlement 224
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2021.11.18
Excerpt: ...or other information regarding the $25,000 in costs, as requested previously; and (3) a declaration from Central California Legal Aid Services, as requested previously. The hearing and CMC are continued to January 20, 2022; 8:30 am; D1 to allow for further briefing. 1. Enhancement Awards to Class Representative Plaintiff Nereida Barela has submitted a declaration purporting to support an enhanced class representative award of 7,500.00. The Court ...
2021.11.18 Motion to Approve Settlement 381
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2021.11.18
Excerpt: ...her individual PAGA claim as well as $3,965.53 attorneys' fees and $1,590.00 in costs. Case Management Conference is continued to March 24, 2022: 8:30 am; D1. If dismissal is filed prior to said date the CMC will fall off calendar. Facts Plaintiff filed this action for various violations of California's Labor Code and Private Attorney General Act related to wage and hour issues including failure to pay minimum and overtime wages, failure to provi...
2021.11.18 Special Motion to Strike 196
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2021.11.18
Excerpt: ...ant and cross‐complainant's cross‐complaint for breach of contract pursuant to California's anti‐SLAAP statute, Code of Civil Procedure section 425.16. This case arises from SPAS's breach of contract suit against defendant and cross‐complainant Ihssan Alqudah (Alqudah), a former tenant under a commercial lease, which followed the resolution of a prior separate unlawful detainer suit against Alqudah by stipulated judgment. SPAS sued Alquda...
2021.11.04 Motion to Compel Release of VA Records, for Sanctions 967
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2021.11.04
Excerpt: ...ecords, or in the alternative, motion to compel plaintiff Kyle Clarke to sign an authorization to release his VA records OPERATIVE FACTS AND ANALYSIS This case arises out of an automobile accident in February of 2019. The County of Tulare has admitted liability for the accident. As a result of the accident, plaintiff Kyle Clarke sustained a disc extrusion with cervical cord compression that to date has been treated with chiropractic therapy, epid...
2021.11.04 Motion to Certify Case as Class Action 416
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2021.11.04
Excerpt: ...renew their prior motion to certify this wage and hour action against defendant Visalia Ceramic Tile, Inc. (VCT) as to a class of “Tile Setters” and “Tile Finishers” employed by VCT for a period covering four years prior to filing of their initial complaint. Defendant opposes the motion, contending that there is a lack of numerosity and community of interest amongst the proposed class, that the proposed class representatives do not adequa...
2021.11.04 Demurrer 840
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2021.11.04
Excerpt: ...d upon the removal of the subject property from the rental market. Plaintiff indicates that the agreement to rent the subject property was based on a written agreement made with the Plaintiff's predecessor in interest. The complaint also checks box 6.e. indicating that “A copy of the written agreement…is attached and labeled Exhibit 1.” However, no Exhibit 1 containing a copy of the written agreement was filed with the complaint. Last, the ...
2021.11.04 Demurrer 311
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2021.11.04
Excerpt: ...obligation on the defendant: (1) To Live Stream 2‐3 times a week at 9:20 Eastern time for a few hours; (2) To post Watch lists 2‐3 times a week; (3) To work on Education materials (videos, PDF, etc) and (4) Post monthly Challenges starting at $500.00 for 30 days (month) to be reset and started again for the next 30 days. This agreement also contains a non‐competition clause. Plaintiff alleges that defendant failed to perform his duties unde...
2021.10.28 Motions for Summary Judgment 416
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2021.10.28
Excerpt: ...es Alvarez, Raul Chavez, Jr., and Javier Fonseca. Defendant Visalia Tile, Inc. (VT) filed its three separate motions for summary adjudication against plaintiffs Alvarez, Chavez, Jr., and Fonseca on July 23, 2021. Each of plaintiffs Alvarez, Chavez, Jr. and Fonseca filed pleadings in opposition on October 13, 2021. Oddly, plaintiffs Ruben Marquez and Juan Barrera also filed virtually identical pleadings in opposition on October 13, 2021, despite t...
2021.10.28 Motion to Compel Production of Business Records 790
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2021.10.28
Excerpt: ...ltural spray rig owned by defendant Helena Agri‐Enterprises LLC's. Plaintiff Irma Rosas was a passenger in that vehicle. At the time of the collision Mr. Rodriguez was operating his automobile on cruise control at a speed of approximately 62 mph and never attempted to brake his car or slow down before colliding with defendant's rig. Mr. Cortes‐Rodriguez denies that he was using his cell phone at the time of the accident. Based on that scenari...
2021.10.28 Motion for Preliminary Approval of Class Action Settlement 096
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2021.10.28
Excerpt: ...d class action representative, and defendant United Ag Personnel Management, Inc. The proposed settlement would resolve various wage and hour claims arising under the Labor Code, Business and Professions Code and the Private Attorneys General Act (“PAGA”) of a proposed class defined as follows: “all current or former nonexempt, hourly paid employees of United Ag Personnel Management, Inc., who were employed in California and worked for Agri...
2021.10.28 Motion for Order of Possession 489
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2021.10.28
Excerpt: ...ject right of way, for a cul‐de‐sac at the termination of Avenue 128, for a PG & E electrical easement, and for LTRID irrigation canal easements. To meet project deadlines and allow for timely delivery of the planned infrastructure included within CP 2‐3, the State contends that it requires prejudgment possession of the defendant's farmland as soon as possible, but to comply with all statutory notice requirements, the State is requesting po...
2021.10.21 Motion for Preliminary Approval of Class Action and PAGA Settlement 076
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2021.10.21
Excerpt: ... below. Plaintiffs should not submit the entire motion and initial declarations a second time. The information is minimal, so a relatively short continuance is being provided. The hearing on this motion shall be continued to December 2, 2021, at 8:30 am in Department 1 of this court. Insufficient information has been submitted as to various provisions of the settlement agreement for the court to make the merits evaluation required by Kullar v. Fo...
2021.10.21 Motion to Bifurcate 128
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2021.10.21
Excerpt: .... Plaintiff contends that the City of Dinuba's liability arises out of a malfunctioning crosswalk signal at the intersection where the accident occurred. As this is a wrongful death action based on the death of an 87‐year‐old retiree, plaintiff does not claim a loss of earnings, medical expenses, or general damages. Plaintiff's asserted damages are limited to the loss of Mr. Millard's love, companionship, care, assistance, society, moral supp...
2021.10.21 Motion to be Relieved as Counsel 097
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2021.10.21
Excerpt: ...has complied with the provisions of California Rule of Court 3.1362(d) as to the service of the moving papers for this motion on the plaintiffs. The Court has not received any response to this motion. CCP §284 provides that “The attorney in an action or special proceeding may be changed at any time before or after judgment of final determination, as follows: 1. Upon the consent of both client and attorney, filed with the clerk, or entered upon...
2021.10.21 Motions for Summary Judgment 416
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2021.10.21
Excerpt: ...Ceramic Tile, Inc. Tentative Rulings: Both defendant's motions for summary judgment, against plaintiffs Ascension Peraza and against Jeffrey McKeehan, are granted. There is no tentative ruling on the merits of plaintiffs' class certification motions at this time. Hearing on plaintiffs' class certification motions is continued to November 4, 2021, at 8:30 AM, in Department 1. Defendant's motions for summary judgment Both plaintiffs' complaints all...
2021.10.08 Motion for Summary Judgment, Adjudication 959
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2021.10.08
Excerpt: ...endant Walmart Inc. (2) To deny plaintiffs' motion for summary adjudication. I. Defendants' Motion for summary judgment or adjudication A. Judicial notice; Defendant's evidentiary objections Defendants request the court take judicial notice of (a) plaintiffs' complaint filed in this action, (b) defendants' answer, and (c) the death certificate of decedent Rolando Esquivel Soto. Plaintiffs request the court take judicial notice of (d) the ruling o...
2021.10.07 Motion to Compel Verified Responses, to Deem Admitted Truth of Facts, for Monetary Sanctions 632
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2021.10.07
Excerpt: ...entative Rulings: (1) To grant defendant Ruan Transport Corp.'s motion to compel verified responses, without objection, to form interrogatories‐general, special interrogatories, and request for production (sets one). Plaintiff shall provide full and complete verified responses without objection to defendant's first sets of form and special interrogatories, and first demand for production of documents within thirty days after service of the noti...
2021.10.07 Motion for Preliminary Approval of Class Action Settlement 829
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2021.10.07
Excerpt: ...laintiff's counsel is to provide a revised order. The court finds that sufficient information has been submitted as to various provisions of the settlement agreement for the court to make the merits evaluation required by Kullar v. Foot Locker Retail, Inc. (2008) 168 Cal.App.4th 116, 129. 1. Sufficiency of Amount of Settlement ($1,500,000) The gross settlement amount is $1,500,000. Plaintiff estimates the total number of class members is 3200. Pl...
2021.10.07 Motion for Preliminary Approval of Class Action Settlement 224
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2021.10.07
Excerpt: ...s raised below. Plaintiffs should not submit the entire motion and initial declarations a second time. Case Management Conference is likewise continued to the November 18, 2021 date. Insufficient information has been submitted as to various provisions of the settlement agreement for the court to make the merits evaluation required by Kullar v. Foot Locker Retail, Inc. (2008) 168 Cal.App.4th 116, 129. The identity of this class is “All non‐exe...
2021.10.07 Motion for Preliminary Approval of Class Action Settlement 085
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2021.10.07
Excerpt: ...ment 1 of this court. CMC is taken off calendar. The class is defined as “all current and former non‐ exempt California employees who were paid overtime wages by Defendant at any time from February 13, 2019 through October 1, 2019.” The court finds that sufficient information has been submitted as to various provisions of the settlement agreement for the court to make the merits evaluation required by Kullar v. Foot Locker Retail, Inc. (200...
2021.10.07 Demurrer, Motion to Strike 743
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2021.10.07
Excerpt: ...hall file his third amended complaint within twenty days from this ruling: (2) Defendant Nichole S. Atherton, MD's motion to strike portions of plaintiff's second amended complaint is rendered moot by this court's ruling as to defendant's demurrer to plaintiff's second amended complaint. Case Management conference is continued to December 16, 2021; 8:30 am; D1. OVERVIEW This is an action brought by Loren Sansom (hereinafter “Loren”) as an ind...
2021.09.30 Motion to Set Aside Judgment 544
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2021.09.30
Excerpt: ...er mistake, inadvertence, surprise, or excusable neglect.” Here, plaintiff American Express National Bank obtained a court judgment against defendant Julie Clemmons, aka Julie A. Clemmons on July 23, 2021 only to subsequently learn the next day that the defendant had filed bankruptcy on July 21, 2021, before the judgment had been obtained. Accordingly, the court finds that plaintiff's obtaining judgment against the defendant after she had alrea...
2021.09.28 Motion to Set Aside Dismissal, for Entry of Judgment 336
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2021.09.28
Excerpt: ...ritten settlement agreement on March 16, 2017 that provided that judgment for $11,320.00 would not be entered against Mr. Garza if he paid to Bank of America a minimum of $75.00 monthly from March 20, 2017 through August 20, 2018 followed by a minimum of $150.00 from September 20, 2018 until the balance of $11,320.00 was paid in full. The agreement further provided that in the event of default that Bank of America could move for a judgment for wh...
2021.09.23 Motion to Deem RFAs Admitted, for Sanctions 416
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2021.09.23
Excerpt: ...ramic Tile, Inc.'s motion to deem requests for admissions, set two, to plaintiff Jeffrey McKeehan. The facts and allegations set forth in Request for Admissions 19‐107 of defendant's second set of requests for admissions to plaintiff Jeffrey McKeehan shall be deemed admitted. Plaintiff Jeffrey McKeehan shall also pay monetary sanctions in the amount of $660.00 in fees and costs to defendant's counsel within thirty days after service of the noti...
2021.09.23 Motion that Truth of Matters be Deemed Admitted, for Sanctions 767
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2021.09.23
Excerpt: ...e Rulings: (1) There is no published tentative ruling for the substantive portion of these motions. It appears that Plaintiff has produced the requested discovery. The court's tentative ruling regarding sanctions is $660.00 in fees and costs for each motion. Exhibit “A” to the declarations of Nick Pritchett filed in support of each of these discovery motions indicate that on March 22, 2021, defendant served his first set of form interrogatori...

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