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1881 Results
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2023.05.02 Motion to Enforce Stipulation 905
Location: Tulare
Judge: Roper, Glade
Hearing Date: 2023.05.02
Location: Tulare
Judge: Roper, Glade
Hearing Date: 2023.05.02
Excerpt: ...cate the unit by April 7, 2022, plaintiff will vacate the judgment and file a dismissal with prejudice by April 19, 2022, or defendant may file an ex parte declaration to vacate judgment and dismiss this action with prejudice." The stipulation is signed by both parties and further contains a term indicating the Court shall retain jurisdiction to enforce the stipulation. The Court entered its order as to these terms on March 8, 2022. Defendant has...
2023.05.02 Motion to Confirm Sale of Real Property 266
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.05.02
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.05.02
Excerpt: ...d, a new offer was received and accepted and Plaintiff seeks an order confirming the sale under this new offer. On November 3, 2022, Plaintiff retained her current realtor, Hollis Fernandez, License No. 01794664, and listed the Subject Property for sale to the general public. Plaintiff's current realtor, after receiving no offers for a few months, recommended incremental decreases of the list price. This also considered the issues of inspection a...
2023.05.02 Demurrer 789
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.05.02
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.05.02
Excerpt: ...ge Christiansen Aia doing business as Christiansen Group. On January 31, 2023, George Christiansen Aia doing business as Christiansen Group filed a cross-complaint against Kaweah, and other cross-defendants, for breach of contract and quantum meruit, amongst other causes of action not subject to demurrer. The cross-complaint seeks money damages against Kaweah. The cross-complaint arises out of the same contract for which Kaweah has sued Aia. Kawe...
2023.05.02 Demurrer 047
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.05.02
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.05.02
Excerpt: ...ormance and breach of written agreement. Plaintiff alleges on August 30, 2022, Plaintiff, as buyer, and Defendants, as sellers, entered into a California Residential Purchase Agreement and Joint Escrow Instructions (the "Agreement"), pursuant to which Plaintiff agreed to purchase and Defendants agreed to sell for a total purchase price of $900,000.00 certain residential real property. However, on September 6, 2022, Plaintiff alleges Defendants, t...
2023.04.27 Motion for Summary Judgment 352
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.04.27
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.04.27
Excerpt: ...l Associates, Inc. or SROMA, and the later agreement that such services be #rformed by a different entity. SROMA was co-owned by Cross-Defendants Veena Ramsinghani, MD and Youssef Hanalla, MD, until approximately August 2020 when Dr. Ramsinghani retired and transferred her ownership interest to Dr. Hanalla. (LJMF Nos. 2, 45.) Moving Party Robert Havard, MD's initial relationship with SROMA and Drs. Ramsinghani and Hanalla included managing disput...
2023.04.27 Motion for Relief from Entry of Default 211
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.04.27
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.04.27
Excerpt: ...mendariz and Ruby Valencia Chavez arising outof a motor vehicle accident that occurred December 13, 2019. On September 19, 2022, Plaintiff filed a proof of service, completed by a registered process server, indicating service of the summons and complaint on Defendant Valencia was made on September 12, 2022, by personal service. On September 27, 2022, Plaintiff filed a proof of service, completed by a registered process server, indicating service ...
2023.04.27 Motion for Judgment on the Pleadings 842
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.04.27
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.04.27
Excerpt: ...ough 13 admitted as follows: 1. YOU (as used herein, "YOU" shall refer to the above-named responding party (Defendant) applied for a credit card charge account with Plaintiff. 2. YOU received a Customer Agreement when YOU received the credit card with account number xxxxxxxxxxxx4599 3. The Agreement provided that by using the credit card, YOU agree to be bound by the terms therein. 4. YOU received a credit card with account number XXXXXXXXXXXX459...
2023.04.27 Demurrer, Motion to Strike 571
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.04.27
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.04.27
Excerpt: ...s to the second cause of action on behalf of the Adult Plaintiff without leave to amend; to sustain the demurrer as to the third cause of action without leave to amend as to both Plaintiffs; to sustain the demurrer to the fourth cause of action and fifth cause of action without leave to amend as to Defendant Childcare, the business entity of unknown form and sustains the demurrer asto Defendant Ramirez with leave to amend. Minor Plaintiff shall h...
2023.04.26 Motion for Reconsideration 861
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2023.04.26
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2023.04.26
Excerpt: ...parties, the court took under submission the complaint for breach of contract. The Court, thereafter, issued its Statement of Decision on December 15, 2022 entering judgment in favor of Plaintiff as to the sum of $200. Thereafter, on December 15, 2022, the Clerk of the Court served by mail the Statement of Decision on Plaintiff. On March 21, 2023, Plaintiff filed a "motion for reconsideration" arguing that the Court did not consider evidence, mad...
2023.04.25 Petitions for Approval of Minor's Compromise 149
Location: Tulare
Judge: Roper, Glade
Hearing Date: 2023.04.25
Location: Tulare
Judge: Roper, Glade
Hearing Date: 2023.04.25
Excerpt: ...1) Facts re: Amended Petition of Marcellus Luque The Court notes it has reviewed the amended petition filed as to Marcellus Luque. The following is based upon the amended #tition and related documents filed April 12, 2023. Petitioner is Vanessa Siquina, the parent of the 4-year-old minor Marcellus Luque. Petitioner now brings a petition to approve the compromise of a settlement offer to the minor child. According to the Petition, on April 28, 201...
2023.04.24 Demurrer 829
Location: Tulare
Judge: Roper, Glade
Hearing Date: 2023.04.24
Location: Tulare
Judge: Roper, Glade
Hearing Date: 2023.04.24
Excerpt: .... On February 14, 2023, Plaintiff filed this unlawful detainer action. Plaintiff was unable to effect service on Defendant Ronald Silva either personally or through due diligence in any other manner specified in Article 3, Chapter 4, Title V of the Code of Civil Procedure. Thereafter, Plaintiff filed an application to permit service by posting and mail. The Court, on March 8, 2023, granted the motion and ordered the posting of the summons, compla...
2023.04.20 Motion to Proceed Under Fictitious Name 348
Location: Tulare
Judge: Roper, Glade
Hearing Date: 2023.04.20
Location: Tulare
Judge: Roper, Glade
Hearing Date: 2023.04.20
Excerpt: ...of corroborative fact to remain under seal and confidential. "The court shall keep under seal and confidential from the public and all parties to the litigation, other than the plaintiff, any and all certificates of corroborative fact (Code of Civil Procedure S 340.1, sub. (0).) The same ruling in this matter denied a motion to proceed under a fictious name because the Doe Defendant 1, School District had not yet been served and therefore could n...
2023.04.20 Motion to Substitute Representative for Estate 756
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.04.20
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.04.20
Excerpt: ...t Troy Sibel for Intentional Misrepresentation, Suppression of Fact, Conspiracy, Breach of Written Contract, and unfair Competition. Defendant Troy Sibel was served and answered the operative complaint through counsel. Thereafter, Defendant Troy Sibel, on August 24, 2021, passed away. The Court then granted Defendant Troy Sibel's attorney of record to withdraw as counsel. Erica Sibel-Tharp, Troy Sibel's daughter, initiated the Nevada estate proce...
2023.04.19 Motion to Vacate Judgment After Trial 503
Location: Tulare
Judge: Bianco, John P
Hearing Date: 2023.04.19
Location: Tulare
Judge: Bianco, John P
Hearing Date: 2023.04.19
Excerpt: ... indicated on Defendant's answer. The Court's April 17, 2023 minute order reflects that the case was called at 9:09 in Department 2 in Visalia. At that point, Defendant had not appeared. Based on Defendant's non-appearance, the Court struck her answer. Plaintiff proceeded with trial in Defendant's absence and the Court, after hearing testimony and argument, entered judgment in fawr of Plaintiff for possession and a total of $4,825 in past due ren...
2023.04.18 Motion to Terminate Arbitration 374
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.04.18
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.04.18
Excerpt: ...rsuant to an underlying arbitration agreement and stayed this case. (Declaration of Gutierrez 94 — Ex 2.) On September 9, 2019, Plaintiff submitted a Demand for Arbitration to Judicate West. (Declaration of Gutierrez '15 — Ex 3.) On October 10, 2019, Defendant ATS filed a Response to Plaintiff Reynosa's Demand for Arbitration. (Declaration of Guterrez "6 — Ex 4.) On December July 6, 2022, the arbitrator held a preliminary conference. (Decla...
2023.04.18 Motion to Compel Discovery of Financial Condition 013
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.04.18
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.04.18
Excerpt: ... intoxicated and struck decedent on his motorcycle. (Declaration of Russell 92.) Defendant Robert Buhl is Defendant Bryan Buhl's father and co- owner of the van. (Declaration of Russell 94.) The complaint alleges causes of action for negligence, negligence per se, negligent entrustment and wrongful death. The prayer seeks punitive damages. After the complaint was filed, Defendant Bryan Buhl entered a nolo contendre plea for gross vehicular mansla...
2023.04.18 Motion for Final Approval of Class Action and PAGA Settlement, Attorney Fees 831
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.04.18
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.04.18
Excerpt: ...proval 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 18, 2023. The Court finds and rules as follows: On March 22, 2023, the settlement administrator Phoenix Settlement Administrators, through its Case Manager, filed a declaration detailing the following events. On January 4, 2023, the administrator received a mailing list of...
2023.04.18 Motion for Attorney Fees 387
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.04.18
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.04.18
Excerpt: ...mplaint of Plaintiff Lockhart Reality Group for malicious prosecution. Defendants Law Group, APLC, Babak Kheiri, Daniel Geoulla, Dmitry Karpov only (hereinafter "Defendants") now move the Court for recovery of attorneys' fees in the amount of $39,148.57 and costs in the amount of $2,288.27 pursuant to Code of Civil Procedure section 425.16(c)(1). The Court notes that Defendant Martinez has not filed a motion for fees or costs. Authority and Analy...
2023.04.18 Motion for Approval of PAGA Settlement 268
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.04.18
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.04.18
Excerpt: ...d Net Distribution: $75,000.) The gross settlement amount is $150,000. Plaintiff estimates approximately 182 aggrieved employees, consisting of "all individuals employed by Defendant in California as non-exempt employees at any time from the period of April 23, 2021, through the earlier of the date which the Court approves the Settlement or April 8, 2023." Plaintiff brings claims under the PAGA statute for violations of Labor Code sections 201, 2...
2023.04.17 Motions to Compel Further Responses 798
Location: Tulare
Judge: Bianco, John P
Hearing Date: 2023.04.17
Location: Tulare
Judge: Bianco, John P
Hearing Date: 2023.04.17
Excerpt: ... Interrogatories as to Defendant CVT, LLC; (6) Special Interrogatories as to Defendant CVT, LLC; (7) Requests for Admissions as to Defendant CVT, LLC; and (8) Requests for Production of Documents as to Defendant CVT, LLC; and for sanctions against Defendant CVT, LLC and their counsel of record. Tentative Ruling: To find motions (1) through (8) moot as a result of Defendant's supplemental responses; to sanction Defendant, and its counsel of record...
2023.04.17 Motion for Judgment on the Pleadings 782
Location: Tulare
Judge: Bianco, John P
Hearing Date: 2023.04.17
Location: Tulare
Judge: Bianco, John P
Hearing Date: 2023.04.17
Excerpt: ... answer, filed January 5, 2023, does not deny the allegations and Defendant's attachment to the answer admits Defendant owes the principal debt to Plaintiff. Plaintiff, on this basis, moves for judgment on the pleadings and recovery of its costs totaling $353.50, for a total judgment in the sum of $1,589.33. Plaintiff's proof of service indicates service of this motion by mail on the address indicated on Defendant's answer. Authority and Analysis...
2023.04.13 Petition to Compel Arbitration 621
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.04.13
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.04.13
Excerpt: ...d to provide notice to commence the five-day period under Code of Civil Procedure section 1281.6. Facts — Agreement to Arbitrate Petitioners Isaias Cardenas-Sanchez and Irene Cardenas-Sanchez filed the instant Petition against Respondent Allstate Insurance pursuant to California Insurance Code S 11580.2(f)(1). Pettioners thereafter filed a motion to compel arbitration based on an underinsured motorist policy (the "Porcy"), which "includes an ag...
2023.04.13 Motion to Stay or Dismiss 351
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.04.13
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.04.13
Excerpt: ...ously to permit the PAGA claim to be added to the federal class action. However, Plaintiff has filed this PAGA case in this Court. Defendant argues that the PAGA claims cannot be added as the seek duplicative penalties already provided by the Labor Code and covered by the federal class achon claims. Defendant further argues stay under abatement and, alternatively, forum non conveniens. In opposition, Plaintiff notes the strict requirement of abat...
2023.04.13 Motion to Deem RFAs Admitted 804
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.04.13
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.04.13
Excerpt: ... admitted by Defendant Juan Torres Construction, Inc. On November 8, 2022, Plaintiff served the Requests for Admissions on Defendant Juan Torres, an individual, by mail at the address stated on Defendant's substitution of attorney, whereby Defendant Juan Torres now represents himself. As of the date of this motion, no responses have been prov-ded to Plaintiff. Plaintiff now seeks to have Admissions Nos. 1 through 17 deemed admitted. No opposition...
2023.04.13 Demurrer, Motion to Strike 992
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.04.13
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.04.13
Excerpt: ...o file an amended complaint. Case management conference is continued to June 14, 2023; 8:30 am; DI. Facts Common to (1) and (2) Plaintiff's First Amended Complaint seeks recovery for a number of claims under Song Beverly and, relevant here, a fifth cause of action for fraudulent inducement by concealment. Plaintiff alleges that "On or about April 9, 2021, Plaintiff entered into a warranty contract with Defendant GM regarding a 2021 Chevrolet Silv...
2023.04.12 Motion to Quash Service 829
Location: Tulare
Judge: Roper, Glade
Hearing Date: 2023.04.12
Location: Tulare
Judge: Roper, Glade
Hearing Date: 2023.04.12
Excerpt: ...ntiff served a sixty day notice to terminate ("Notice"). On February 14, 2023, Plaintiff filed this unlawful detainer action. Plaintiff was unable to effect service on Defendants Jordan Silva and Ronald Silva either personally or through due diligence in any other manner specified in Article 3, Chapter 4, Title V of the Code of Civil Procedure. Thereafter, Plaintiff filed an application to permit service by posting and mail. The Court, on March 8...
2023.04.12 Demurrer 538
Location: Tulare
Judge: Roper, Glade
Hearing Date: 2023.04.12
Location: Tulare
Judge: Roper, Glade
Hearing Date: 2023.04.12
Excerpt: ... alleges and complains that Judge Ide questioned Plaintiff about whether Plaintiff was holding herself out as her congregant's attorney. Plaintiff identifies no precise cause of action but references freedom of religion and a violation of her Fourteenth Amendment due process and equal protection rights. In addition to monetary damages, Plaintiff seeks an order removing Judge Ide from presiding over "any and all matters pertaining to my person thr...
2023.04.11 Demurrer 538
Location: Tulare
Judge: Roper, Glade
Hearing Date: 2023.04.11
Location: Tulare
Judge: Roper, Glade
Hearing Date: 2023.04.11
Excerpt: ...s and complains that Judge Ide questioned Plaintiff about whether Plaintiff was holding herself out as her congregant's attorney. Plaintiff identifies no precise cause of action but references freedom of religion and a violation of her Fourteenth Amendment due prc„cess and equal protection rights. In addition to monetary damages, Plaintiff seeks an order removing Judge Ide from presiding over "any and all matters pertaining to my person through...
2023.04.11 Motion to Quash Service 829
Location: Tulare
Judge: Roper, Glade
Hearing Date: 2023.04.11
Location: Tulare
Judge: Roper, Glade
Hearing Date: 2023.04.11
Excerpt: ...ntiff served a sixty day notice to terminate ("Notice"). On February 14, 2023, Plaintiff filed this unlawful detainer action. Plaintiff was unable to effect service on Defendants Jordan Silva and Ronald Silva either personally or through due diligence in any other manner specified in Article 3, Chapter 4, Title V of the Code of Civil Procedure. Thereafter, Plaintiff filed an application to permit service by posting and mail. The Court, on March 8...
2023.04.06 Motion to Compel Responses 466
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.04.06
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.04.06
Excerpt: ...motion to strike punitive damages against all Defendants without leave to amend. Having set the pleadings as described above, the Court's review of the argument and authority cited by the parties in the motion to compel and opposition appears to be centered on the discoverability of documents relating to the hiring and training of Defendant, the purpose of the trip, and safety policies. Defendant Aarons argues that, in admitting that it is vicari...
2023.04.04 Motion for Reconsideration 007
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2023.04.04
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2023.04.04
Excerpt: ...to a medical emergency. Authority and Analysis A non-prevailing party may make a motion to reconsider and enter a different order under the following conditions: (1) brought before the same judge that made the order sought to be reconsidered; (2) made within 10 days after service upon the party of the notice of entry of the order (extended under CCP S 1013 for type of service); (3) based on new or different facts, circumstances or law than those ...
2023.04.04 Demurrer, Motion to Quash 067
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.04.04
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.04.04
Excerpt: ...nd mailing was completed in accordance with the Court's order of February 17, 2023, the court is willing to consider this evidence at the hearing. Facts Common to (1) and (2) This unlawful detainer matter involves property located at 139 E Ferguson Ave., Visalia, CA 93291 (the "Subject Property." ) Plaintiff alleges it purchased the property at a Trustee's Sale held October 4, 2022. (Complaint 94). Plaintiff alleges it has duly recorded the Trust...
2023.04.04 Motion for Final Approval of Class Action and PAGA Settlement, for Attorney Fees 325
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.04.04
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.04.04
Excerpt: ...nal 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 4, 2023. The Court finds and rules as follows: On March 13, 2023, the settlement administrator ILYM Group, through its Operations Manager, filed a declaration detailing the following events. On October 25, 2022, the administrator received a mailing list of 494 potent...
2023.04.04 Demurrer 483
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.04.04
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.04.04
Excerpt: ...ver Drive Properties Inc. (RDP) is a California Corporation doing business in Tulare County, California, which has benefitted from various stolen and converted property as set forth herein, in addition to actively interfering with MVP's property management contracts." (Complaint 92.) Plaintiff alleges that he started Mid-Valley Property Management ("MVP") in 1996, operating it under his Real Estate Broker's License as a sole proprietorship. (Comp...
2023.04.04 Motion for Summary Judgment 606
Location: Tulare
Judge: Roper, Glade
Hearing Date: 2023.04.04
Location: Tulare
Judge: Roper, Glade
Hearing Date: 2023.04.04
Excerpt: ...cating a general denial appropriate to complaints demanding less than $1,000. Plaintiff moves for summary judgment on the basis that Defendant cannot file a general denial, has raised no affrmative defenses and that the handwritten portion of the answer admits rent is due and owing and that he is in possession of the Subject Property. Authority and Analysis "A motion for summary judgment may be made at any tme after the answer is filed upon givin...
2023.04.04 Motion to Amend Judgment 706
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.04.04
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.04.04
Excerpt: ...in seeking to recover the Judgment, has discovered that Defendant Robert Hart is trustee of two additional trusts, Old Oak Holdings and North Fork Assets, as alter egos of Defendant Robert Hart in which he holds title to his former community, and now separate, property in Exeter and Badger. Plaintiff now seeks to add Robert Hart, as trustee of Old Oak Holdings and as trustee of North Fork Assets, as debtors to the Judgment. North Fork Assets appe...
2023.04.04 Motion to Compel Arbitration and Stay 228
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.04.04
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.04.04
Excerpt: ...he Labor Code and for unfair competition based on Plaintiff's former employment with Defendant, but lacking any Private Attorney General Act ("PAGA") claim. However, on March 22, 2023, Plaintiff filed a second amended complaint, without leave, pursuant to Labor Code section 2699.3(a)(2)(C), which states as follows: "C) Notwithstanding any other provision of law, a plaintiff may as a matter of right amend an existing complaint to add a cause of ac...
2023.04.04 Motion to Quash and Dismiss 912
Location: Tulare
Judge: Roper, Glade
Hearing Date: 2023.04.04
Location: Tulare
Judge: Roper, Glade
Hearing Date: 2023.04.04
Excerpt: ...tation No. 12-38993-0017652-F, a Class A violation, to Plaintiff on June 23, 2022. Plaintiff served its notice of intent to contest the Citation on June 30, 2022. Plaintiff thereafter filed this complaint to dismiss the Citaton on September 21, 2022. Plaintiff, however, did not serve the complaint and summons until January 30, 2022. Defendant, under Health and Safety Code section 1428(b) moves to quash service as beyond the 90 day period from the...
2023.04.04 Motion to Set Aside or Vacate Consolidation Order 828
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.04.04
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.04.04
Excerpt: ... rule 3.350. At the continued motion hearing on February 28, 2023, this Court ordered consolidation of this matter, VCU288828, Fitness v. Moshin (the "Fitness Case") and VCU293786— Alhasani v. Fitness and Thrive (the "Alhasani Case"). Alhasani now seeks to set aside or modify the February 14, 2023 order that the Court would continue this matter and consolidate the cases upon the filing of various documents in compliance with the Rules of Court....
2023.03.28 Motion to Compel Production of Psychological Records 772
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.03.28
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.03.28
Excerpt: ...he Plaintiff who is claiming post-traumatic stress disorder damages, seeks the following: "Any and all documents, paper and digital records pertaining to care, treatment and examination, including but not limited to, all office, emergency room, inpatient / outpatient charts either in hard copy or electronic and/or faxed. Any and all x-ray films, to include MRI films, CAT scans, myelograms, radiological images, ultrasounds and any other films spec...
2023.03.28 Motion to Compel Arbitration 852
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.03.28
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.03.28
Excerpt: ...onditional Sale Contract and Security Agreement ("Agreement"). The complaint, filed December 29, 2022, alleges causes of action for violations of the Consumer Legal Remedies Act, Violations of the Unfair Competition Law, Fraud, Violations of Song Beverly Act and Surety Bond Liability as against Defendants Thrive Sports, lnc„ Westlake Financial and Hudson Insurance Company. Defendants Thrive and Westlake Financial (collectively "Defendant") now ...
2023.03.28 Motion for Final Approval Class Action, Attorney Fees 787
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.03.28
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.03.28
Excerpt: ...oval of class action settlement, attorneys' fees, costs, enhancement award, LWDA payment and class certification for settlement purposes came on for hearing on November 22, 2022. The Court finds and rules as follows: On February 28.2023, the settlement administrator Phoenix Settlement Administrators, through its Case Manager, filed a declaration detailing the following events. On November 18, 2022 the administrator received a mailing list of 589 ...
2023.03.28 Demurrer 862
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.03.28
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.03.28
Excerpt: ... children. (Complaint at p. 1.) Plaintiff alleges causes of achon for fraud-misrepresentation, professional negligence and breach of contract involving Defendant's alleged forc-ng of Plaintiff into a guilty plea and representing that Plaintiff's children would be returned to her if she entered a guilty plea. (Complaint at p. 2.) Plaintiff appears to allege delayed discovery and/or tolling, in that Plaintiff alleges she recovered a suppressed memo...
2023.03.23 Motion to File Amended General Denial 320
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.03.23
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.03.23
Excerpt: ...nc.'s ongoing bankruptcy and stipulations regarding the corporation's defense of this case by the bankruptcy trustees. The Court notes no trial date has been reset in this matter. Authority and Analysis The Court may, in the furtherance of justice, and uinn any terms as may be proper, allow a party to amend any pleading. (CINIe Civ. Proc. SS 473, 576.) In general, California courts liberally exercise discretion to permit amendment of pleadings in...
2023.03.23 Motion for Summary Judgment 084
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.03.23
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.03.23
Excerpt: ...rporation, Abeer Hafez, D.D.S„ Inc. since 2016. (UMF No. 1.) Plaintiff Amber Burkett was first seen by Dr. Hafez on a referral from a general dentist for evaluation of maxillary tooth #15, with the initial visit occurring on Monday, October 28, 2019. (UMF No. 2.) Plaintiff Amber presented complaining of pain in tooth #15 for four (4) months, with the tooth chipping prior to the initial visit causing an increase in pain and complaints that she w...
2023.03.20 Motion for Summary Judgment, Adjudication 260
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2023.03.20
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2023.03.20
Excerpt: ...ton Pistachio of Terra Bella, who allegedly "owned/operated/controlled" the property where the pit was constructed; Industrial Design & Construction, who Setton allegedly hired to construct the pit; and Paul Hankins, who was allegedly hired by Setton to excavate it. The Peregrinas allege a first cause of action for negligence and related second cause for premises liability based on allegations the pit was negligently excavated and maintained by d...
2023.03.20 Motion for Final Approval of Class Action Settlement, for Attorney Fees 528
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2023.03.20
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2023.03.20
Excerpt: ...r September 18, 2023, 8:30 am in Department 2. Plaintiff's motion for final approval of class action settlement, attorneys' fees, costs, enhancement award, and class certification for settlement purposes came on for hearing on March 13, 2023. The Court finds and rules as follows: On March 6, 2023, the settlement administrator Simpluris, through its Case Manager, filed a declaration detailing the follow-ng events. On September 27, 2022 the adminis...
2023.03.20 Motion for Final Approval of Class Action and PAGA Settlement, Attorney Fees 414
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2023.03.20
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2023.03.20
Excerpt: ... 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 March 13, 2023. The Court finds and rules as follows: On February 17, 2023, the settlement administrator Phoenix Settlement Administrators, through its Case Manager, filed a declaration detailing the following events. On September 27, 2022 the administrator received a mailing...
2023.03.20 Motion for Final Approval of Class Action and PAGA Settlement, Attorney Fees 113
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2023.03.20
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2023.03.20
Excerpt: ...or 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 March 20, 2023. The Court finds and rules as follows: On February 24, 2023, the settlement administrator Phoenix Settlement Administrators, through its Case Manager, filed a declaration detailing the following events. On November 21, 2022 the administrator received a ...
2023.03.17 Motion to Vacate Default Judgment and Stay Execution of Judgment 922
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.03.17
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.03.17
Excerpt: ...This unlawful detainer matter, filed February 15, 2023, involves property located at 417 N. "L" St. #A Tulare, CA 93274 ("Subject Property.") (Complaint '13.) The Court notes this action is based on a three day notice to pay or quit. (Complaint 99.) As to moving party Defendant Torres, Plaintiff filed a proof of service indicating personal service of this lawsuit and summons on Defendant Torres occurred on February 17, 2023. On March 7, 2023, thi...