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2022.04.12 Motion to Set Aside Default Judgment 695
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2022.04.12
Excerpt: ...l termination, negligent infliction of emotional distress, intentional infliction of emotional distress and for declaratory relief. Plaintiff filed this case on December 8, 2021 against Defendant Porterville Unified School District. Plaintiff filed a proof of service indicating that service of the summons, complaint and related required documents took place on December 14, 2021 at 11:15 am through personal service on “Arietta Ruiz – Administr...
2022.04.11 Demurrer to FAC 496
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2022.04.11
Excerpt: ... negligence, negligent infliction of emotional distress and willful misconduct regarding the manner, method and person with whom Plaintiff's children were placed. The Court previously sustained a demurrer to the complaint for failure to plead compliance with the Government Tort Claims Act. Plaintiff, in the First Amended Complaint, now pleads, as to the compliance issue that: “On December 01, 2020 Daniella Trevino submitted a claim for one mill...
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....
2022.04.05 Motion to Quash and Release Property 828
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.04.05
Excerpt: ...ffs' ex parte application for writ of possession. Plaintiffs applied for an ex parte writ of possession on November 5, 2021 and obtained an order for writ of possession and the writ of possession on November 9, 2021. On January 25, 2022, Defendant filed a motion for relief from entry of default, which this Court granted. Plaintiffs did not seize the gym equipment pursuant to the issued writ until February 26, 2022. Defendant filed this Motion to ...
2022.04.05 Motion for Summary Judgment 086
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.04.05
Excerpt: ...ndebted to Plaintiff, that within the last four years, that Plaintiff lent Defendant money at Defendant's request and that the amount due is $26,924.80 (Complaint Page 3 CC‐1(a)(1),(2), CC‐1(b)(4),(5),(6), and CC‐4.) Defendant's Answer denies all allegations and sets forth a number of affirmative defenses. Plaintiff now files for summary judgment on its two causes of action. Plaintiff timely filed and served its papers in support of this mo...
2022.04.05 Demurrer, Motion to Strike 787
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.04.05
Excerpt: ...valuation of Plaintiff Samreen Riaz arising out of her workers compensation claim. The causes of action in the Complaint include: (1) Medical Malpractice (Code Civ. Proc, § 340.5); (2) Unprofessional Conduct (Violation of Business and Professional Code); (3) Professional Negligence; (4) Fraud and Misrepresentation; (5) Civil RICO 18 U.S.C. § 1964; and (6) Vicarious Liability. Plaintiff seeks punitive damages and attorneys' fees. Defendant now d...
2022.04.04 Motion for Protective Order, to Quash 481
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2022.04.04
Excerpt: ...6, 2022. (Therefore, both summary judgment motions will be heard on May 16, 2022.) Facts In its Second Amended Complaint, Plaintiff alleges defendants Koetsier, Rodriguez and Villegas failed to provide necessary insurance coverage. The Second Amended Complaint also added Doe Defendants Hooper, Spuhelr & Sturgeon Insurance Services, Hooper and Muller. The period for regular discovery closed on October 28, 2021 with expert disclosures and discovery...
2022.03.30 Motion to Deem RFAs Admitted 534
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.03.30
Excerpt: ...n accompanying the motion for set two is unsigned and undated. As to set one, on January 14, 2022, Petitioner Angelica Davis timely served Request for Admissions, Set One, Numbers 1 through 13 on Respondent Roy Benavides, Jr, via United States Mail to his home address, 32745 Grand View Street, Visalia, California 93291, which is the address listed on his objection filed in this matter. Responses were due February 18, 2022 as to both sets. Petitio...
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 ...
2022.03.22 Motion for Judgment on the Pleadings 060
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2022.03.22
Excerpt: ...greed he was indebted to Plaintiff, that within the last four years Plaintiff lent Defendant money at Defendant's request, and that the amount due is $5,175.35 (Complaint Page 3(a)(1),(2) and (b)(4)(5).) Defendant's Answer admits all allegations. Plaintiff states that counsel attempted to contact Defendant regarding this Motion in accordance with Code of Civil Procedure section 439(a). “Before filing a motion for judgment on the pleadings pursu...
2022.03.22 Motion for Preliminary Injunction 209
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.03.22
Excerpt: ...nd water tank, from interfering by constructing a fence to prevent access to the trees and to remove a chain link fence erected, with the posts to remain. Plaintiff's Verified Complaint seeks to establish, relevant to this Motion, a prescriptive easement and adverse possession claims related to a single row of 60‐year‐old olive trees, a water tank and a well (“Subject Area.”) Plaintiff's declaration indicates she is the current owner of 2...
2022.03.22 Motion to Compel Docs Via Subpoena 539
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2022.03.22
Excerpt: ...021, Defendant served a subpoena on Synchrony of Visalia for Plaintiff's medical records. Synchrony refused to produce any records without a signed HIPAA authorization from Plaintiff. Plaintiff, however, refuses to sign the authorization. Authority and Analysis Code of Civil Procedure section 1987.1, subdivision (a) provides: “If a subpoena requires the attendance of a witness or the production of books, documents, or other things before a cour...
2022.03.21 Motion to Quash Subpoena 902
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.03.21
Excerpt: ...sor Trustee of the Margo M. Tressler Revocable Living Trust, issued a subpoena duces tecum for the appearance of Adult Protective Services (“APS”) social worker Jennifer Rodriguez at the evidentiary hearing and for Ms. Rodriguez to produce APS records at the hearing. Petitioner Tulare County moves ex parte to quash the subpoena on grounds that APS records, as well as the identity of a reporting party, are confidential and remain confidential ...
2022.03.21 Demurrer 296
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.03.21
Excerpt: ... Meyers and notes “Defendant was the previous owner of the subject Property and not a tenant or sub‐tenant” (Complaint ¶5.) While Plaintiff names Does 1 through 10, there are no allegations as to any Doe Defendants as tenants of the Subject Property. Plaintiff, on February 9, 2022, served a written “Three and Ninety Day Notice to Quit” providing three days to quit and deliver possession as former owner and 90 days to a “tenant pursua...
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...
2022.03.15 Motion to Determine Good Faith Settlement 599
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.03.15
Excerpt: ...number of subcontractors. Cross‐Defendant Hornsby has filed a Motion for good faith settlement under Code of Civil Procedure section 877.6(a)(1). Cross‐Defendant Hornsby performed framing, drywall/sheetrock, concrete foundation and/or concrete flatwork for 67 homes at issue in this case. This settlement was reached during mediation with the special master. This settlement appears to be the fruit of arms‐length negotiations between the Cross...
2022.03.15 Motion for Judgment on the Pleadings 332
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.03.15
Excerpt: ... was indebted to Plaintiff, that within the last four years, Plaintiff lent Defendant money at Defendant's request and that the amount due is $10,534.42 (Complaint Page 3(a)(1),(2) and (b)(4)(5).) Defendant's Answer admits all allegations. Plaintiff states that counsel attempted to contact Defendant regarding this Motion in accordance with Code of Civil Procedure section 439(a). “Before filing a motion for judgment on the pleadings pursuant to ...
2022.03.14 Petition to Inspect Records 044
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2022.03.14
Excerpt: ...�Corporation”), by Petitioner Jesus Zamora, as follows: “stock certificate book, a stock register, a journal showing its business transactions, ledgers into which the transactions are posted, and a record of the meetings of the board of directors, minutes from shareholder meetings, minutes from Board of Director Meetings, ledgers and/or journals reflecting ownership of shares, notices of meetings, actions taken by written consent of the Corpo...
2022.03.14 Motion for Judgment on the Pleadings 265
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2022.03.14
Excerpt: ...dant, that Defendant used to make transactions, received periodic billing statements, that Defendant defaulted on the account after making a payment on February 3, 2020 and that the balance charge off amount was $12,527.33. (Complaint ¶6, 7, 8, 16, 18, 20, 22, 23, 24, 26.) Defendant's Answer admits all allegations. Plaintiff states that counsel attempted to contact Defendant regarding this Motion in accordance with Code of Civil Procedure sectio...
2022.03.14 Demurrer, Motion to Strike 263
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2022.03.14
Excerpt: ...on, harassment/hostile work environment, failure to prevent discrimination, retaliation and for declaratory relief arising out of her former employment with Defendant Proteus. Plaintiff alleges she was hired around 2015 as a program development associate. (FAC ¶9.) Plaintiff alleges she was granted protected Family Medical Leave Act leave of absence from approximately 12/2020 through 2/2021. (FAC ¶10.) While on leave, Plaintiff alleges that “...
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 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...
2022.03.10 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 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...
2022.03.08 Demurrer to FAC 036
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.03.08
Excerpt: ... high school where she was taught by Garrett Weese, a former employee of Defendant Visalia Unified School District (“Defendant District” or “District”) Plaintiff brings this action against District for (1) sexual harassment under Civil Code sections 51.9 and 52; (2) breach of mandatory duty under Education Code sections 200 and 201; (3) negligent supervision and retention; (4) breach of mandatory duty: failure to report suspected child ab...
2022.03.08 Demurrer 679
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.03.08
Excerpt: ...tements were made orally and in writing that “there was Domestic Violence and Substance abuse on top of not being able to provide a home for our children…” (Complaint 1:15‐16.) These statements apparently resulted in an “order…for the court to award the custody of our minor children to the care and management of Social Services.” (Complaint 1:20‐ 21.) Defendant demurs on the grounds that the Complaint fails to allege compliance wi...
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. ...
2022.02.23 Petition for Writ of Mandate 987
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.02.23
Excerpt: ...ion. In her application, petitioner claimed inability to performance her job duties as an OB‐GYN nurse practitioner for the County of Tulare due to industrial cumulative injury caused by repetitive work involving bending the wrists, repetitive strain, and industrial injury relating to computer use in a poor ergonomic work environment. 1. Background Petitioner initially reported symptoms of her medical condition to her employer on or about Janua...
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...
2022.02.15 Motion to Stay Case Pending Criminal Trial 576
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.02.15
Excerpt: ...f a parallel felony criminal case against her (Tulare County Superior Court Case No. PFC411371) involving the same event: a fatal motor vehicle collision on April 17, 2021. Defendant contends, in support of her motion, that, as part of defendant's defense to the civil action, she will be subject to written discovery demands, and will undoubtedly be examined at deposition under oath, forcing her to assert her Fifth Amendment rights against self‐...
2022.02.14 Motion for Preliminary Injunction 965
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2022.02.14
Excerpt: ... the property at a trustee sale on December 28, 2021. Plaintiffs commenced this action on January 3, 2022, by way of a complaint alleging claims of fraudulent concealment, intentional misrepresentation, violation of the Homeowner's Bill of Rights and Business and Professions Code sections 17200 et seq., and wrongful foreclosure. Plaintiffs additionally seek cancellation of security instruments encumbering the property and to quiet title in them a...
2022.02.14 Motion for Summary Judgment 331
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2022.02.14
Excerpt: ...or sale by defendant Lawrence Tractor Company (Lawrence). Plaintiff additionally asserts claims against Lawrence based on its alleged failure to properly service the tractor. Lawrence moves for summary judgment, contending plaintiff has failed to identify any defect found in the tractor, and that plaintiff has not and cannot establish the tractor was the cause of the accident or any negligence on the part of Lawrence. Pursuant to subdivision (c) ...
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...
2022.02.08 Motion to Continue Trial, to be Relieved as Counsel 301
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.02.08
Excerpt: ...ieved as Counsel On January 25, 2022, Defendant's Counsel Jerry Casheros filed an ex parte motion for an order shortening time to be relieved as counsel as to Defendant Jacqlyn Smith Habib. On January 25, 2022, the Court set this hearing for February 8, 2022. Thereafter, on January 26, 2022, Defendant's counsel filed the following with respect to withdrawing: (1) MC‐051 ‐ Notice of Motion and Motion to be Relieved as Counsel; (2) MC‐052 –...
2022.02.08 Motion to Compel Arbitration 655
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.02.08
Excerpt: ...filed September 9, 2021 for harassment, retaliation, failure to prevent discrimination, harassment and retaliation and sexual battery against Defendants Pridestaff, Inc., Kraft Heinz Food Company LLC and Dennis Prillwitz (“Defendants.”) Defendant Pridestaff answered the complaint on November 2, 2021. Defendant Kraft answered the complaint on December 1, 2021. Defendant Prillwitz does not appear to have appeared yet in this matter. Defendants ...
2022.02.08 Motion for Preliminary Approval of Class Action and PAGA Settlement 892
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.02.08
Excerpt: ... one thousand” class members. The Class Members consist of: “All non‐exempt, hourly‐paid employees employed by Defendant from approximately October 22, 2016 through the date of preliminary approval.” This settlement also resolves Plaintiff's PAGA claims for Class Members who worked as nonexempt, hourly‐paid employees of Defendant from July 27, 2019 through the date of preliminary approval. Plaintiff provides estimates of the maximum r...
2022.02.08 Motion for Preliminary Approval of Class Action and PAGA Settlement 554
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.02.08
Excerpt: ..., the enhancement award to Plaintiff, attorneys' fees, counsel as adequately experienced, the unclaimed proceeds and the release. Counsel has submitted a supplemental declaration addressing the following issues. Class Notice Objections or opt out notices are to be made within 60 days. The Court regularly approves notice periods of 60 days or longer. The Court preliminarily approves the class notice period. Costs Attorneys' fees of 33 1/3% of the ...
2022.02.08 Demurrer, Motion to Strike Punitive Damages 229
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.02.08
Excerpt: ...employed and working for Defendant. Defendant alleges causes of action for negligence, intentional tort, premises liability and products liability and seeks punitive damages. Defendant demurs on the basis that California's workers compensation program provides an exclusive remedy to Plaintiff and that Plaintiff has already received his workers compensation benefits. Defendant also seeks to strike Plaintiff's claim of punitive damages. Authority a...
2022.02.07 Demurrer 922
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2022.02.07
Excerpt: ...entered a 12‐month lease for $1,280.00 rent per month. (Complaint ¶ 6.a.(1), (2).) The lease was entered into September 11, 2020. (Complaint ¶ 6.a.) Defendants are alleged to have failed to pay the rent due on October 1 and November 1, 2021. (Complaint – Exhibit 2.) A three‐day notice to pay rent or quit was served November 24, 2021. (Complaint – Exhibits 2, 3.) Plaintiff filed this action on January 19, 2022. The Mandatory Cover Sheet ...
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 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 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 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...
2022.02.03 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...
2022.02.01 Motion to Strike Portions of FAC 410
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.02.01
Excerpt: ...s court granted a prior motion to strike allegations regarding punitive damages from the initial complaint. The allegations of the initial complaint supporting plaintiff's punitive damages claim are summarized as follows: Defendant, while driving a semi‐truck with loaded trailers, collided with a UPS truck driven by plaintiff's father, causing serious injuries ultimately resulting in his death. A camera installed in defendant's truck captured t...
2022.02.01 Motion for Summary Judgment 087
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.02.01
Excerpt: ...r and received a credit loan via a written loan agreement. (UMF Nos. 1, 9.) Plaintiff, at the direction of Defendant, disbursed the loan amount by check to Defendant. (UMF Nos. 2, 10.) Defendant agreed to be bound by the terms of the agreement and promised to pay the amount advanced along with interest. (UMF No. 3, 11) Defendant received billing statements, yet failed to produce any evidence indicating that Defendant disputed any portion of any b...
2022.01.31 Motion to Quash Subpoena 435
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2022.01.31
Excerpt: ...r vehicle collision. Plaintiffs have sued for motor vehicle negligence, general negligence, negligent infliction of emotional distress and loss of consortium and seek recovery for “personal injuries and have incurred and continue to incur hospital and medical expenses for treatment and services for their injuries and general damages.” Defendants, prior to service of the subpoenas at issue, served discovery on each Plaintiff. Plaintiff Beatriz...
2022.01.31 Motion for Terminating Sanctions 724
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2022.01.31
Excerpt: ...na grow. Over 8,000 plants were recovered in addition to 75 lbs. of processed or semi‐processed marijuana. The Generator's seized had no identification or serial numbers and detectives could not find any proof of ownership. On July 29, 2020, Plaintiff filed its Petition for Forfeiture. On October 14, 2020, Claimant Jie Chun Wu (“Claimant”) filed a claim opposing forfeiture as to the Generators. On June 29, 2021, Plaintiff served discovery r...
2022.01.31 Motion for Preliminary Approval of Class Action Settlement and PAGA Settlement 194
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2022.01.31
Excerpt: ... for a second time the moving papers and declarations that are already on file with the Court. Accordingly, the motion to approve the settlement pursuant is preliminarily denied without prejudice. The hearing on this matter is continued to February 28, 2022 at 8:30 a.m.in Department 2 of this court. The status conference and trial setting conference are likewise continued to February 28, 2022 at 8:30 a.m. in Department 2. 1. Sufficiency of Amount...
2022.01.31 Motion for Preliminary Approval of Class Action Settlement and PAGA Settlement 081
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2022.01.31
Excerpt: ...d proof of submission of the settlement to the LWDA. The parties need not file for a second time the moving papers and declarations that are already on file with the court. Accordingly, the motion to approve the settlement pursuant is preliminarily denied without prejudice. The hearing on this matter is continued to February 28, 2022 at 8:30 a.m.in Department 2 of this Court. 1. Sufficiency of Amount of Settlement (Net Estimated: $118,083.33) The...
2022.01.31 Demurrer 773
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2022.01.31
Excerpt: ... faith and fair dealing. Facts In her first amended complaint, Plaintiff pleads causes of action for violation of the Fair Housing Act and California Fair Employment and Housing Act, bad faith breach of contract and financial elder abuse. Plaintiff's claims are based upon an issued insurance policy, which Plaintiff alleges “expressly contemplates insurance coverage for an owner using the insured property as a rental unit for residential purpose...
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...
2022.01.27 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 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...
2022.01.26 Motion for Preliminary Approval of Class Action Settlement and PAGA Settlement 013
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2022.01.26
Excerpt: ...ttlement (Net Estimated: $382,400.00) The gross settlement amount is $625,000.00 Plaintiff estimates approximately 1032 proposed Class Members with an average payment of approximately $373.80. The Class Members consist of all workers: “All current and former non‐exempt employees of Defendant Cal‐Citrus Labor Service, Inc. in California who were subject to Wage Order 14 and performed work for five days or more for Defendants Cecelia Packing ...
2022.01.25 Motion for Publication 278
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.01.25
Excerpt: ...iff then began the process of attempting to serve Defendant. First, Plaintiff's counsel conducted a public records search using Lexis‐Nexis to determine a current address at 1836 Marroneto Ct, Tulare, CA 93274 (“Tulare Residential Address.”) (Declaration of Plaintiff's counsel Denis Klavdianos at ¶ 3(a).) Counsel further conducted a search via Transunion and found the same Tulare Residential Address. (Declaration of Klavdianos at ¶ 3(b).)...
2022.01.25 Demurrer, Motion to Strike 720
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.01.25
Excerpt: ...ation in violation of Labor Code § 1102.5 as to the OSHA complaint but to sustain Defendant's demurrer to the second cause of action with leave to amend as to any other alleged protected activities that are too generally stated and fail to allege if Defendant had constructive or actual knowledge thereof and other elements of the causes of action. To sustain Defendant's demurrer as to the third cause of action for disability discrimination, fourt...
2022.01.24 Motion for Summary Judgment 783
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2022.01.24
Excerpt: ...ely due to the size, shape, location and/or number of mirrors installed on the forklift. The underlying accident involving Zenith's insured occurred when the forklift operator failed to see a co‐worker on the ground behind him to his left while backing up the forklift and hitting the co‐worker. Zenith has paid the underlying workers compensation benefits. Undisputed Material Facts The following facts are undisputed by both parties. A cause of...
2022.01.24 Motion for Class Certification 414
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2022.01.24
Excerpt: ...inimum of 50 employees and on at least 1,000 wage statements issued to putative class members. Labor Code section 226(a) mandates that the employer provide certain information on each and every wage statement provided to employees. One of the enumerated requirements is that the full legal name and address of the employer be shown. (Labor Code section 226(a)(8).) Plaintiff alleges that only “SVR” without an address appears on the wage statemen...
2022.01.24 Demurrer 364
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2022.01.24
Excerpt: ...sufficient to support a cause of action for direct liability against the state under Government Code § 815.6 with leave to amend to plead specific facts as to a statute supporting the State's direct liability. To sustain the State's demurrer as to vicarious liability under Government Code § 815.2 without leave to amend. (2) To sustain the County and Public Authority's demurrer as to the late filing of the claim under equitable estoppel and dela...
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: $...
2022.01.18 Motion to Set Aside Default 321
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2022.01.18
Excerpt: ... Ashland Avenue, number 22, Lindsay, California 93247 (the “Property.”) Defendant Guadalupe Bedolla was served with a summons and complaint on November 23, 2021 pursuant to the filed proof of service. Default judgment was entered against Defendant and a writ of execution was issued on December 3, 2021. Defendant then obtained legal representation on December 11, 2021 and filed this Motion on December 14, 2021. Defendant's declaration filed wi...
2022.01.18 Motion to Quash 762
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.01.18
Excerpt: ...plaint ¶ 6.a.(1), (2).) The lease was entered into January 1, 2021. (Complaint ¶ 6.a.) Defendants are alleged to have failed to pay the rent due on December 1, 2021 for the period December 1, 2021 through December 31, 2021. (Complaint – Exhibit 2.) A three day notice to pay rent or quit was served December 8, 2021. (Complaint – Exhibit 2.) Plaintiff filed this action on January 3, 2021. The Mandatory Cover Sheet and Supplemental Allegations...
2022.01.18 Motion to Dismiss for Perjury and Fraud 710
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2022.01.18
Excerpt: ...hat appears to be evidentiary material for consideration that goes beyond the four corners of the Complaint. A first responsive pleading is typically an answer, demurrer, motion to strike, motion to quash, motion to change venue, or other motion attacking the four corners of the complaint or other initiating documents. While the Court makes no finding as to the merits or weight of the attachments, the Court's review indicates they are exhibits wh...
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...
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 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...
2022.01.11 Motion for Prejudgment Possession 546
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.01.11
Excerpt: ... pistachio orchard owned by defendants assigned Tulare County Assessor's Parcel Numbers 319‐150‐009. This property that the FWA seeks to acquire is needed for repair of the Friant‐Kern Canal. The Canal is operating at diminished capacity and this project seeks to restore the Canal to its optimal capacity. This property the FWA seeks consists of fee interests in land planted with pistachio orchards and included irrigation systems. The projec...
2022.01.11 Motion for Attorney Fees 508
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.01.11
Excerpt: ...hallenged the validity and issuance of building permits and certain land use approvals by respondent Tulare County Resource Management Agency incident to expansion of Touchstone's pistachio processing plant. Section 1021.5 permits an award of attorney fees to a prevailing party “in any action which has resulted in the enforcement of an important right affecting the public interest if: (a) a significant benefit … has been conferred on the gene...
2022.01.11 Motion for Attorney Fees 273
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2022.01.11
Excerpt: ...court trial in this home construction contract matter. The Court's Judgment of November 8, 2021 awarded Plaintiff $201,576.91 in damages against Defendants for breach of contract and breach of California's prompt payment statute under Civil Code section 8800. The Court's Judgment determined Plaintiff as prevailing party and awarded attorneys' fees. Plaintiff bases its Motion on the attorneys' fees provision in Paragraph 27 of the contract between...
2022.01.10 Motion for Summary Judgment 320
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2022.01.10
Excerpt: ...ees of Defendant Sierra View Medical Center. (Complaint at Paragraphs 7, 9.) Plaintiff sued under theories of negligence, respondeat superior, professional negligence/medical malpractice and negligent infliction of emotional distress. Defendant Sierra View Medical Center (“SVMC” or “Defendant”) moves for summary judgment that Plaintiff cannot prove a breach of the standard of care as to medical malpractice/professional negligence cause of...
2022.01.04 Motion to Enforce Settlement 623
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.01.04
Excerpt: ...t on the record at the MSC. The parties then memorialized the terms of the settlement, including resolution of a related unlawful detainer matter, in a Settlement and Release Agreement (“Agreement.”) The Agreement required Plaintiff to pay to Defendants the sum of $43,000, via an escrow with all fees paid by Plaintiff and Plaintiff was required to satisfy the existing mortgage on the Property which was approximately $10,000 and all mortgage p...
2022.01.04 Motion to Compel Deposition of PMQ 971
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.01.04
Excerpt: ...ll categories identified in Plaintiff's Amended Notice of Deposition of the Person Most Knowledgeable for FCA US, LLC and Demand to Produce Documents at Deposition (“Notice of Deposition”), and (2) striking Defendant's objections and compelling Code‐ compliant responses and production of all responsive documents requested by Demand Nos. 4, 14, 15, 17, 20, 24, 31, 32, 34, 37, and 41 (collectively, the “Demands”) in the Notice of Depositi...
2022.01.04 Motion for Judgment on the Pleadings 301
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.01.04
Excerpt: ...rried to his former spouse (not party to this litigation), and in the process of dissolving that marriage, defendant and plaintiff made arrangements to acquire a residence property in Kingsburg “with the mutual intention of and mutual understanding between the parties that it would be plaintiff's forever home.” The property was purchased, with defendant solely on title, in part through $200,000 in funds loaned by plaintiff's father, and an ad...
2022.01.04 Demurrer 383
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.01.04
Excerpt: ...lowed a dog to escape a backyard by bursting a pipe in the backyard of the property owner, taking down the side fence to allow access to the backyard, and failing to replace the fence once work for the evening had ended, allowing the dog to freely leave the backyard and attack Dallas See. The owner of the home was aware that the tenants were in possession of a dangerous dog and allowed the dog to remain on the property.” (Complaint, p. 4) Defen...
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...
2021.12.29 Motion to Consolidate Unlawful Detainer and Quiet Title Cases 387
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2021.12.29
Excerpt: ... a complaint to quiet title and adverse possession (the “Quiet Title Case”) on November 5, 2021 against Hixon, and served Hixon by mail on November 11, 2021. Hixon has not yet appeared in this matter in any fashion. This quiet title claim stems from Adamson's alleged 23‐year residence on the property at 33449 Road 220, Woodlake, CA 93286 (the “Property.”) Hixon, as plaintiff in the unlawful detainer action, Case No. VCL200387, (the “U...
2021.12.28 Motion for Preferential Trial Date 277
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2021.12.28
Excerpt: ...tion. Plaintiff was born September 7, 2019. Plaintiff seeks economic and non‐ economic damages. Plaintiff states that all essential parties have been served in this action. Plaintiff alleges that Child Welfare Services Division for Tulare County ("CWS") had an open referral concerning the child at the time, yet there is no indication any investigation was ever performed. Plaintiff moves the Court, under California Code of Civil Procedure sectio...
2021.12.28 Motion for Preliminary Approval of Class Action Settlement 554
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2021.12.28
Excerpt: ... declarations 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 February 8, 2022 at 8:30 a.m.in Department 7 of this court. Case management conference is likewise continued to February 8, 2022 at 8:30 a.m. in Department 7. 1. Sufficiency of Amount of Settlement (Net Est...
2021.12.27 Demurrer 704
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2021.12.27
Excerpt: ...ust cause. (Civ. Code, § 1946.2.) Subdivision (a) of Civil Code section 1946.2, part of the Tenant Protection Act of 2019, states, in part, that, “[n]otwithstanding any other law, after a tenant has continuously and lawfully occupied a residential real property for 12 months, the owner of the residential real property shall not terminate the tenancy without just cause, which shall be stated in the written notice to terminate tenancy.” In pla...
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...
2021.12.21 Motion for Preliminary Injunction 706
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2021.12.21
Excerpt: ...aint and cross‐complaint; or (b) further order of this court. The dispute in this case concerns a loan from defendants to plaintiff secured by a deed of trust encumbering the subject real property. At the time of the loan, the loan documents provided for interest of 1.5% compounded monthly. Following disputes concerning repayment, defendants commenced nonjudicial foreclosure proceedings. Plaintiff thereafter filed this action seeking, inter ali...
2021.12.21 Motion for Prejudgment Possession 285
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2021.12.21
Excerpt: ...quire portions of farmland owned by defendants assigned Tulare County Assessor's Parcel Numbers portions of 319‐160‐010, 319‐160‐014, 319‐160‐015. This property that the FWA seeks to acquire is needed for repair of the Friant‐Kern Canal. The Canal is operating at diminished capacity and this project seeks to restore the Canal to its optimal capacity. This property the FWA seeks consists of fee interests in 26.41 acres and a temporar...
2021.12.21 Motion for Judgment on the Pleadings 830
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2021.12.21
Excerpt: ...request. Plaintiff alleged damages in the amount of $3,116.72. Defendant answered the complaint on June 30, 2021. On September 8, 2021, Plaintiff moved this Court to deem admitted requests for admissions, set one, numbers 1 through 11. On October 19, 2021, the Court adopted its tentative ruling, deeming admitted the truth of each matter specified in requests for admissions numbers 1 through 11. These requests, now admitted, are as follows: “1. ...
2021.12.20 Motion to Set Aside Default 514
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2021.12.20
Excerpt: ...Law and associated regulations against Defendants The Recycle Depot and Jeffry Prins. Plaintiff initiated this action on June 25, 2021 under Case No. VCU287514 (the “TCSC Case”). On August 5, 2021, Plaintiff filed a proof of service indicating personal service of the cover sheet, complaint and summons on Prins personally. Plaintiff then requested entry of default as to Prins on October 12, 2021. Default was entered as to Prins on October 13, ...
2021.12.20 Motion to Set Aside Default 188
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2021.12.20
Excerpt: ... Mendez was entered. Thereafter, on November 1, 2021, Plaintiff sought default judgment as against Defendant Mendez. On or about November 3, 2021, the Court declined to enter default judgment. On November 9, 2021, Plaintiff dismissed the second and third cause of action and sought default judgment again. As of the date of this Motion, the Court has not entered default judgment as to Defendant Mendez. Representing himself, Defendant Mendez, utiliz...
2021.12.20 Motion to Compel Responses 677
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2021.12.20
Excerpt: ...1 makes these motions to compel moot, except on the issue of sanctions. The Court orders that Plaintiff Ibrahim Nasir, individually and dba Aloevera Auto Sale and IM Tire Shop and their attorney of record Sassan McKay, Esq. of Commerce Law Group, shall pay monetary sanctions to Defendant's counsel in the amount of $750.00 within thirty days of this hearing. Facts and Procedural History Pursuant to the Declaration of Defendant's counsel, William H...
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...

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