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1853 Results
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2024.04.29 Motion to Quash Based on Personal Jurisdiction 053
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2024.04.29
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2024.04.29
Excerpt: ...ger 435 tractor bearing product id e n t if ic a t io n number ZAF11829. Plaintiffs filed this action under claims of p r o d u c t lia b ilit y a n d n e g lig e n c e c la im s . On July 5, 2023, Defendant, CNH Industrial America LLC, filed their answer. On July 10, 2023, Defendant, Linder Equipment Co., filed their answer. On March 8, 2024, Defendant and moving party CNH Industrial N.V. filed this motion to quash. Authority and Analysis “Whe...
2024.04.29 Motion for Summary Judgment 752
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2024.04.29
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2024.04.29
Excerpt: ... hearing for the purpose of scheduling a date for the mandatory settlement conference and a trailing date for continued h e a r in g o n p la in t if f Ta f t 's m o t io n . It appears, based on plaintiff Taft's pleadings and the prior records of this action, that Taft has already been provided with all the records he seeks in this action f r o m t h ir d -party Boston Scientific. Indeed, Taft contends there is no triable issue re ma ining on hi...
2024.04.29 Motion for Summary Judgment 358
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2024.04.29
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2024.04.29
Excerpt: ...8, 12, 13. ) The Court, having denied Plaintiff's motion for leave to amend, evaluates the motion based upon the operative complaint alleging abuse occurred in 1981. “The p le a d in g s p la y a ke y r o le in a summary judgment motion. The function of the p le a d in g s in a m o t io n for summary judgment is to delimit the scope of the issues and to frame the outer measure of materiality in a summary judgment proce e ding.” ( Hu t t o n v...
2024.04.29 Motion for Leave to File Amended Answer 860
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2024.04.29
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2024.04.29
Excerpt: ...nt alleging that, on August 16, 2022, a vehicle struck and injured him as he was walking in a marked crosswalk. Plaintiff sued, amongst others, the City of Tulare . On July 5, 2023, the City filed an answer including immunity defenses under Government Code sections 815.2(b) and 820.8 . The City now seeks to file an amended answer that adds immunities under — Government Code sections 830.4, 830.6, 830.8, 831.4 and 835.4(b) . The City has include...
2024.04.29 Motion to Compel Further Responses 843
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2024.04.29
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2024.04.29
Excerpt: ...of $410, due no later than thirty (30) days from the date of this hearing . Fa ct s This is an action for breach of warranty, Song -Beverly, Consumer Legal Remedies Ac t , a n d Un f a ir Co m p e t it io n in v o lv in g a s o la r p u r c h a s e b y P la in t if f in 2 0 1 5 , various representations made thereof, and the assignment of Plaintiff's solar loan, and servicing o f Plaintiff's solar system, to various named Defendants, including De...
2024.04.25 Motion to Set Aside, Vacate Summary Judgment on Bond Forfeiture 494
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2024.04.25
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2024.04.25
Excerpt: ...in c r im in a l c a s e n o . VCF4 3 8 1 7 7 Un d e r lyin g Cr im in a l Ca s e - VCF438177 On February 21, 2023, Ramirez was arraigned on the complaint in and the bond was posted by the defendant in this case. On March 24, 2023, Ramierz appeared in court and was notified of the April 20, 2023, court date. On April 20, 2023, Ramirez failed to appear in court and the Court issued but stayed a bench warrant in the amount of $60,000. The Court, ho...
2024.04.25 Motion to Reset Trial Date 473
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2024.04.25
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2024.04.25
Excerpt: ...a motion to enforce a settlement p urportedly made at the mediation . Given the lack of a settlement in this case, Plaintiffs seek to restore a trial date . The trial date came off the Court's calendar when Plaintiffs, on January 23, 2024, filed a notice of conditional settlement of entire case. However, counsel for P la in t if f s in d ic a t e s t h e f o llo w in g , a s t o m is t a ke , in a d ve r t e n c e , s u r p r is e o r excusable n...
2024.04.25 Motion for Leave to Amend Complaint, for Summary Judgment 358
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2024.04.25
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2024.04.25
Excerpt: ...tion under Section 340.1 of the Co d e o f Civ il P r o c e d u r e b y f ilin g h e r Co m p la in t . Under the then operative version of Code of Civil Procedure section 340.1, this action appears initially timely filed under the revival term of subsection (q). (“Notwithstanding any other provision of law, any claim for damages described in paragraphs (1) through (3), inclusive, of subdivision (a) that has not been litigated to finality and t...
2024.04.25 Demurrer 829
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2024.04.25
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2024.04.25
Excerpt: ...erence with prospective economic advantage, breach of implied d u t y o f g o o d f a it h a n d in t e n t io n a l in f lic t io n o f e m o t io n a l d is t r e s s a g a in s t Defendant California Department of Developmental Services, California governmental agency. (Complaint ¶ 2. ) The complaint is based upon a settlement agreement between Plaintiff and Defendant after Plaintiff was dismissed on July 21, 2015 from his position with Defen...
2024.04.23 Motion for Final Approval of Class Action and PAGA Settlement 400
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2024.04.23
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
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...
2024.04.23 Motion for Leave to Amend 521
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2024.04.23
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 Preliminary Approval of Class Action and PAGA Settlement 376
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2024.04.23
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 ...
2024.04.22 Motion to Sell Real Property 161
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2024.04.22
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2024.04.22
Excerpt: ...fied complaint . Defendant now brings a motion entitled “motion to sell real property.” The motion provides no statutory authority. The motion provides no documentary or testimonial evidence. The Court has only the arguments of counsel in the memorandum of points and autho rities which states “Defendant is agreeable” to the sale . In opposition, Plaintiff argues this motion is procedurally improper . Authority and Analysi s As noted above...
2024.04.22 Motion to Bifurcate 922
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2024.04.22
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2024.04.22
Excerpt: ... ve h ic le d r iv e n b y Defendant Tucker, causing Plaintiff's vehicle to stop on the roadway. Moments la t e r , P la in tiff's vehicle was struck a second time by Defendant Gonzales - Martinez . Defendant Gonzales -M a r t in e z s e e ks t o b if u r c a t e t h e t r ia l in t o lia b ilit y a n d damages phases under Code of Civil Procedure sections 598 and 1048(b) . In support, Defendant Gonzales -Martinez does not dispute that Plaintiff ...
2024.04.22 Motion for Summary Judgment 072
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2024.04.22
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2024.04.22
Excerpt: ...iler accident. Defendants Sandoval Crespo and Herrera present the following facts in support of their theory on summary judgment that Defendant Lagula's conduct, described below, is a superseding cause under Schrimscher v. Bryson (1976) 58 Cal.App.3d 660 and prevents liability from attaching to these moving Defendants . At the time of the incident, Defendant Lagula was driving under the influence in violation of Vehicle Code section 23152 and thi...
2024.04.22 Motion for Final Approval of Class Action and PAGA Settlement 467
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2024.04.22
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2024.04.22
Excerpt: ...val 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 22, 2024. The Court finds and rules as follows: On Mach 28, 2024, the settlement administrator Phoenix, through its Case Manager, filed a declaration detailing the following events. On January 23, 2024, the administrator received a mailing list of 265 potential class members ...
2024.04.17 Motion to Set Aside Default or Stay Execution of Writ 916
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2024.04.17
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2024.04.17
Excerpt: ...rved by substitute service or about March 16, 2024. On April 4, 2024, default judgment was entered and the writ of possession was issued . On April 15, 2024, Defendant Cortez filed this ex parte motion to set aside the default or stay the execution of the writ of possession . In support, Defendant notes no responsive pleading was filed because Defendant “talked to landlord and was told to send [money] through mail and we can stay in home so I s...
2024.04.17 Motion for Leave to File Amended Complaint 521
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2024.04.17
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2024.04.17
Excerpt: ...gligence by Defendant that resulted in sexual abuse by Gustavo Zamora, who served as the pastor at the church Plaintiff attended . Trial in this matter is set April 29, 2024 . O n Ap r il 1 2 , 2 0 2 4 , P la in t if f f ile d a m o t io n t o f ile a f ir s t a m e n d e d c o m p la in t . Th e hearing date for this motion is set June 4, 2024. On April 15, 2024, Plaintiff filed this ex parte motion to shorten time to hear the motion for leave t...
2024.04.15 Motion to Set Summary Judgment Hearing Date 860
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2024.04.15
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2024.04.15
Excerpt: ...ry judgment . The motion for summary judgment was set for May 20, 2024. The City appears to recognize the issue with this hearing date and has filed this ex parte motion to “specially set a later hearing date” on the motion. As to the May 20, 2024 hearing date, counsel's declaration in support of the ex parte motion states “This office called the Court's clerk on April 4, 2024 to reserve a hearing on the MSJ. The latest date the clerk would...
2024.04.15 Motion for Final Approval of Class Action and PAGA Settlement 946
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2024.04.15
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2024.04.15
Excerpt: ...30,000. Plaintiff estimates approximately 90 proposed Class Members, providing an estimated average payout of $1,992.04 per member. The Class Members consist of: “All individuals employed by Defendant in California and classified as non- exempt at any time during the period between August 12, 2022 through the date upon which the Court grants preliminary approval of this settlement.” The operative complaint alleges causes of action for : (1) f...
2024.04.15 Motion for Final Approval of Class Action and PAGA Settlement 833
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2024.04.15
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2024.04.15
Excerpt: ...s action and PAGA settlement, attorneys' fees, costs, enhancement award, LWDA payment and class certification for settlement purposes came on for hearing on April 15, 2024. The Court finds and rules as follows: On Mach 21, 2024, the settlement administrator Apex, through its Case Manager, f ile d a d e c la r a t io n d e t a ilin g t h e f o llo w in g e v e n t s . On November 27, 2023, the administrator r e c e iv e d a m a ilin g lis t o f 4 ...
2024.04.15 Motion for Final Approval of Class Action and PAGA Settlement 220
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2024.04.15
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2024.04.15
Excerpt: ...ion and PAGA settlement, attorneys' fees, costs, enhancement award, LWDA payment and class certification for settlement purposes came on for hearing on April 15, 2024. The Court finds and rules as follows: On Mach 22, 2024, the settlement administrator Phoenix, through its Case Manager, filed a declaration detailing the following events. On December 8, 2023, the administrator r e c e iv e d a m a ilin g lis t o f 9 2 2 p o t e n t ia l class memb...
2024.04.11 Demurrer to Writ of Mandate Petition 719
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2024.04.11
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2024.04.11
Excerpt: ...ed petition. Case manageme nt Conference is continued to June 6, 2024; 8:30 am; D1 . Fa ct s P e t it io n e r / P la in t if f is t h e Bu ild in g In d u s t r y As s o c ia t io n Tu la r e Kin g s Co u n t ie s , In c ., hereafter “BIATKC,” is a California nonprofit corporation that works to provide se rvice s, ne t working and re source s t o all builde rs, de ve lope rs, cont ract ors and associate d businesses in the building industry ...
2024.04.09 Demurrer, Motion to Strike 026
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2024.04.09
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2024.04.09
Excerpt: ...t amended complaint alleges that Golden State “was and is legally responsible in some manner for the events, happenings, and/ or tortious and unlawful conduct that caused the injuries and damages alleged in this Complaint” and “provide d child we lfare , child prote ct ive and childcare se rvice s t o Plaint iff by contracting with COUNTY and/ or otherwise undertaking such foster care services to children who needed them, inc lu d in g P la...
2024.04.09 Motion for Summary Judgment, Adjudication 620
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2024.04.09
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...
2024.04.09 Motion for Approval of PAGA Settlement 011
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2024.04.09
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2024.04.09
Excerpt: ...and correct copy of the settlement agreement. The Court continued the matter to this date. On March 26, 2024, an amended motion filed that attaches the settlement agreement. The Court , t he re fore , rule s as follows: 1. Sufficiency of Amount of Settlement (Proposed Net Distribution to Employees: $15,330.75) The gross settlement amount is $147,860. Plaintiff estimates approximately 245 aggrieved employees, consisting of “all current and forme...
2024.04.09 Motion for Summary Judgment, Adjudication 789
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2024.04.09
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...
2024.04.08 Petition to Confirm or Correct Arbitration Award 832
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2024.04.08
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2024.04.08
Excerpt: ...rbitration related to a November 28, 2020 motor vehicle accident (“MVA”) involving Claimant, Mont e ne gro, and a third -party driver named Nely Gamino Victoria on State Route 4 3 (Ce n t r a l Va lle y H ig h w ay) and Avenue 56 in an unincorporated part of Tulare County . Claimant had an uninsured and under insured motorist policy with State Farm company with policy limits of $100,000. The policy required the parties to arbitrate their disp...
2024.04.08 Motion to Intervene 052
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2024.04.08
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2024.04.08
Excerpt: ...mplex by the Los Angeles Superior Court. The parties in this matter stipulated to transferring this matter to Tulare County on April 20, 2022 . Thereafter, Defendant filed a motion to compel arbitration. This Court granted the motion in part, compelling the individual Labor Code claims to arbitration, dismissing the class action claims pursuant to the arbitration agreement and de nying t he mo t io n a s t o t h e P AGA c la im s , b o t h in d i...
2024.04.08 Motion for Summary Judgment 335
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2024.04.08
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2024.04.08
Excerpt: ...ant Amanda Taylor. (UMF No. 1.) The daycare operation was located at 3324 West Sunnyside Avenue, Visalia, California. (UMF No. 14.) That prope rt y i s owned by defendant and moving party Tracy Ferreira. (UMF No. 15.) Defendant Amanda Taylor resides at that home, co -pare nt ing t he ir minor daughte r wit h Mr. Fe rre ira. (UMF No. 16. ) The operative complaint asserts a cause of action for “wrongful death sounding in negligence” by plaintif...
2024.04.04 Motion to Set Aside Default, Stay Execution of Writ of Possession 582
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2024.04.04
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2024.04.04
Excerpt: ...unlawful detainer matter, Plaintiff indicates personal service on Defendant Garcia was made on March 5, 2024. Default judgment was entered March 21, 2024 and the writ of possession issued the same day . On April 2, 2024, Defendant Garcia filed this ex parte motion to set aside default and/ or stay execution of the writ . In support of the motion for relief, Defendant provides no factual bases in support of the claim of mistake . As to the stay re...
2024.04.04 Motion to Confirm Arbitration Award 799
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2024.04.04
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2024.04.04
Excerpt: ... arbitrator be confirmed by this Court . Plaintiff subsequently filed for arbitration with the AAA. An arbitration hearing was held between Plaintiff and Defendants on October 17, 2023 . On or around November 7, 2023 the Arbitrator John C. Lautsch rendered the “Final Award” which named Plaintiff the prevailing party, granted Plaintiff damages in the amount of $3,500, and attorney's fees in the amount of $27,748.55, and indicated that “shou ...
2024.04.04 Motion for Summary Judgment 080
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2024.04.04
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2024.04.04
Excerpt: ...”); on September 30, 2022 D efendant opened an American Express Bonvoy Brilliant Amex Card Account with a current account number, last four digits 2004 (the ''2004 Account'') (collectively ''the Accounts'') (UMF Nos. 1, 12. ) The terms and conditions for use of the Accounts are governed by Cardmember Agreements. (UMF Nos. 2, 13. ) American Express sent Defendant a copy of the Cardmember Agreements along with the ...
2024.04.04 Motion for Judgment on the Pleadings 650
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2024.04.04
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2024.04.04
Excerpt: ...viving spouse of Decedent Joanne Akpkarian -Souza (“Decedent”), alleges negligence based on the passing of Decedent on January 29, 2023 . The complaint was served December 28, 2023 . Plaintiff named Defendants “Kaweah Health Medical Group” and “Kaweah Health Medical Center.” (as well as Joseph Ford, D.O.) (Complaint. ) On December 28, 2023, “Defendants, KAWEAH DELTA HEALTH CARE DISTRICT dba KAWEAH HEALTH MEDICAL GROUP and KAWEAH HEA...
2024.04.02 Demurrer 176
Location: Tulare
Judge: Roper, Glade
Hearing Date: 2024.04.02
Location: Tulare
Judge: Roper, Glade
Hearing Date: 2024.04.02
Excerpt: ... no later than ten (10) days from the date of this ruling . Fact s In the third amended complaint, Plaintiff alleges eleven causes of action for discrimination, retaliation, failure to provide reasonable accommodation, failure to engage in interactive process, failure to prevent discrimination or retaliation, interference with CFRA leave, CFRA leave retaliation, violation of Labor Code sections 233, 246.5, and 1102.5, wrongful termination of empl...
2024.04.02 Demurrer 995
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2024.04.02
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2024.04.02
Excerpt: ... as to wrongful eviction as to Defendant Rogers . Fact s Plaintiff filed this matter September 25, 2023. Plaintiff's causes of action are stated as intentional tort and wrongful eviction, which appears to further allege conversion of Plaintiff's personal property . Plaintiff alleges the following : “ON OR ABOUT 09/24/2021, DEFENDANTS AND EACH OF THEM, WRONGFULLY EVICITED PLAINTIFF FROM HER PROPERTY LOCATED AT 33111 ROAD 160, IVANHOE, CALOFRNIA ...
2024.04.02 Motion for Summary Judgment, Adjudication 108
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2024.04.02
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2024.04.02
Excerpt: ... 31 -401 et seq.; and as to any duty arising under the CANRA, and, as to all other issues of duty raised by the plaintiff's complaint, is denied. The Court has not considered the additional evidence submitted by County's in its reply. San Diego Watercraft v. Wells Fargo Bank (2002) 102 Cal. App 4 th 310 In this action plaintiff alleges negligence, on the part of the County of Tulare (County) in one cause of action, and on the part of Koinonia Fos...
2024.04.02 Motion for Temporary Protective Order 049
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2024.04.02
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2024.04.02
Excerpt: ...lder abuse, neglect of elder, Penal Code section 496, conversion, intentional infliction of emotional distress, breach of fiduciary duty, negligence, fraudulent transfer and claim and delivery . On March 19, 2024, Plaintiffs filed for a temporary protective order on an ex parte basis as well as a right to attach order and order for issuance of writ of attachment on a noticed hearing. The Court set the ex parte temporary protective order for this ...
2024.04.02 Motion to Confirm Judgment, for Attorney Fees 718
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2024.04.02
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2024.04.02
Excerpt: ...LSE judgment to the Tulare Superior Court on February 9, 2018 . Defendants, in compliance with Labor Code section 98.2(b), filed an undertaking in cash in the amount of $72,377 . Trial was held in March 2019. The Court found a lack of an employer/employee relationship, entered judgment on all claims of Plaintiff and ordered the bond released. This Court signed the proposed judgment and proposed order for release of the bond on April 15, 2019. The...
2024.03.28 Motion to Compel Further Responses, Deposition 352
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2024.03.28
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2024.03.28
Excerpt: ...counsel for both parties that some, but not all, issues on these discovery motions have been resolved . The Court has reviewed the supplemental declarations filed by counsel . Defendant's counsel indicates that, while contact has been recently made with Defendant, Defendant remains homeless and without the documents or information necessary to respond to the discovery . Plaintiff's counsel provides the following as to the remaining issues : Reque...
2024.03.26 Petition to Release Real Property from Mechanic's Lien 514
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2024.03.26
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2024.03.26
Excerpt: ...echanic's lien claimant, on July 12, 2023 in Case No. VCU304838, In the Matter o f B o s m a n D a i r y , LLC . This petition was filed expressly under Civil Code section 8480 and was initially set for February 14, 2024. Respondent, prior to the filing of the petition at issue here, filed a complaint for foreclosure of the July 12, 2023 mechanic's lien, amongst other causes of action, in Case No. VCU302514 - R P C o n s t r u c t i o n S e r v i...
2024.03.26 Petition for Relief from Claims Presentation Statute 121
Location: Tulare
Judge: Roper, Glade
Hearing Date: 2024.03.26
Location: Tulare
Judge: Roper, Glade
Hearing Date: 2024.03.26
Excerpt: ... presented at the hearing; Counsel may appear in any manner; the Court notes that it issues no ruling as to Respondents State of California and County of Tulare based upon a lack of proper service of the Petition on these Respondents . Background Fact s The Court continued this matter previously and sought supplemental facts underling the calendaring error claimed as the basis for this petition. The Court is in receipt of Plaintiff's counsel's de...
2024.03.26 Petition for Relief from Claims Presentation Requirements 852
Location: Tulare
Judge: Roper, Glade
Hearing Date: 2024.03.26
Location: Tulare
Judge: Roper, Glade
Hearing Date: 2024.03.26
Excerpt: ...dure section 946.6(e) . Fa ct s Petitioner seeks relief from the claims presentation requirement via this petition as to causes of action for negligence and premises liability that accrued September 5, 2022. The petition states that Petitioner was injured when the roof of her apartment located at or near 13 North N Street #134, Tulare, California 93274 (“Subject Property”) suddenly fell and landed on Petitioner's person. Petitioner indicates ...
2024.03.26 Motion to Dismiss Individual PAGA Claims, Lift Stay 833
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2024.03.26
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2024.03.26
Excerpt: ...or penalties under Labor Code sections 210, 226.3, 558, 1174.5, 1179.1 and 2699 against Defendants Best Buy Warehousing Lo g i s t i c s , LLC , B e s t B uy Stores, L.P., and Jesus Vargas . On April 4, 2023, Defendants filed a motion to compel arbitration and stay this matter . On May 9, 2023, the Court, pursuant to the arbitration policy presented by Defendants and Vikin g Rive r Cruises, Inc. v. Moriana (2022) 142 S.Ct. 1906, ordered Plaintiff...
2024.03.26 Motion for Summary Judgment 039
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2024.03.26
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2024.03.26
Excerpt: ...s otherwise indicated, are undisputed . On or around August 2021, Plaintiff Ms. Godinez (“Plaintiff” or “Ms. Godinez”) started working as a cashier in the Visalia store. (UMF No. 1. ) W a lm a r t s t a t e s t h a t it s Vis a lia s t o r e r e q u ir e d c a s h ie r s t o c h e c k id e n t if ic a t io n o n a ll alcohol purchases. (UMF No. 2.) Walmart also states that its written policy entitled “Selling Alcohol & Tobacco Products ...
2024.03.26 Motion for Leave to File Amended Complaint 200
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2024.03.26
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2024.03.26
Excerpt: ... 9, 2021 while attending classes at Milan's campus in Visalia. P la in t if f a lle g e s t h a t w h ile w a lkin g t o h e r v e h ic le in t h e p a r kin g lo t , P la in t if f stepped into an empty planter bed, rolled her ankle, and fell due to a hazard posed by exposed, unguarded irrigation equipment. Plaintiff alleged a single cause o f a c t io n f o r p r e m is e s lia b ilit y . P la in t if f n o w s e e ks t o f ile a n a m e n d e ...
2024.03.25 Motion to Vacate Judgment and Stay Execution of Writ of Possession 289
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2024.03.25
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2024.03.25
Excerpt: ...lawful detainer matter involving property located at 215 Plum Street, Exeter, CA, 93221 (the “Subject Property”), Defendant and moving party Jessica Juarez answered the complaint February 8, 2024 . This matter proceeded to trial on March 18, 2024. At 8:21 am on March 18, 2024, the Court received an email advising that Defendant Juarez was running late, but that she did not provide a estimated time of arrival or contact in f o r m a t io n . T...
2024.03.25 Motion for Preliminary Approval of Class Action and PAGA Settlement 562
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2024.03.25
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2024.03.25
Excerpt: ... presently incurred costs. On February 29, 2024, Plaintiff filed a supplemental declaration and points and authorities addressing these issues, as detailed below. Cla s s N o t ic e The settlement agreement provides no claim form will be required of class members to participate in distributions. Only those wishing to object or opt out must file notice with the settlement administrator. Objections or opt out notices are now to be made within 60 da...
2024.03.25 Motion for Leave to File Amended Complaint 813
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2024.03.25
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2024.03.25
Excerpt: ...Kaweah”) for elder abuse and neglect under Welfare and Institutions Code section 15600, et seq., violation of resident rights under Health and Safety Code section 1430(b) and for negligence based upon his admission to and care at Defendant's various facilities. Plaintiff also asserted these causes of action against a number of Doe Defendants . Plaintiff alleged, at the age of 67, he was admitted to Kaweah's general acute care hospital after hav...