Search

Array
(
)

1881 Results

Location: Tulare x

Array
(
)

SELECT * FROM wp_posts WHERE (post_type = 'attachment') AND ID IN (SELECT object_id FROM wp_term_relationships WHERE term_taxonomy_id IN (SELECT term_id FROM wp_term_taxonomy WHERE taxonomy = 'wpmf-category' AND parent IN (SELECT term_id FROM wp_terms WHERE term_id = 250))) AND (true) AND (true) ORDER BY post_title DESC LIMIT 1800,100

Array
(
)

2019.10.1 Motion to Stay Proceeding 315
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2019.10.1

Excerpt: ...ildren of decedent Brittany Ibarra. Defendant Luis Gustavo Osejo was the driver of the other vehicle involved in the accident. Based on Mr. Osejo's fleeing from the scene of this motor vehicle accident, a criminal complaint was filed against him that charged him with felony homicide. Mr. Ojedo now seeks a stay of this civil action pending the resolution of this criminal case so as to preserve his Fifth Amendment right against self-incrimination. ...

2019.10.1 Motion to Require Posting of Security 642
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2019.10.1

Excerpt: ... judicial notice but denied as to Exhibit A. Except for orders from the Court that appear in the Court's file for this case, the Court denies request for judicial notice as to the contents of plaintiff's third amended complaint and other documents in the Court's file for this action as inadmissible hearsay. See Day v. Sharp (1975) 50 Cal.App.3d 904, 914; Fremont Indemnity Co. v. Fremont General Corp. (2007) 148 Cal.App.4th 97, 113. The court may ...

2019.10.1 Motion to Compel Compliance with Subpoena for Production of Mental Health Records, to Continue Trial 008
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2019.10.1

Excerpt: ...s Motion to Continue Trial Date and Related Dates. Tentative Ruling: (1) and (2) to Grant Defendant's Motions to Compel, in part, and to order witness Central Valley Regional Center to produce to Defendant all documents in its possession responsive to Defendant's Deposition Subpoena for Production of Business Records issued April 17, 2019 and to order witness Tulare County Health and Human Resources to produce to Defendant all documents in its po...

2019.10.1 Motion for Determination of Good Faith Settlement 039
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2019.10.1

Excerpt: ...itch to the City of Visalia. Defendant Tulare Irrigation District (TID) is a shareholder. On December 27, 2016, Lake Kaweah underwent a flood release. As the result of this flood release, water released in the lake began to encroach on EDC's storage space. By December 31, 2016, EDC's water at Lake Kaweah was released in river channels or was diverted on the river system, causing EDC to lose water. On December 31, 2016, Marc Crenshaw, Watermaster ...

2019.10.1 Demurrer, Motion to Strike 480
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2019.10.1

Excerpt: ...sion, Inc.'s motion to strike without leave to amend. Plaintiff's Request for Judicial Notice as to Exhibits “A” and “B” is granted only as to the date of filing of those documents on file with the Court for Case # VCU 271734 and as to minute orders and other orders for that case that appear in the Court's file for that case. Except for orders from the Court that appear in the Court's file for case # VCU 271734, the Court denies plaintiff...

2019.10.1 Demurrer 116
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2019.10.1

Excerpt: ... sustained with leave to amend. On August 21, 2019 Plaintiffs filed a Second Amended Complaint. Defendant's current demurrer followed. Plaintiffs have attempted to address pleading deficiencies by naming two Plaintiffs (instead of one) and by an apparent attempt to focus their claims arising from acts which occurred in 2015. It remains unclear what relief or damages Plaintiffs are claiming. On the face of the pleading, Plaintiffs' claims remain t...

2019.1.31 Petition to Release Property from Mechanics' Lien, Request for Attorneys' Fees 569
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2019.1.31

Excerpt: ..., 2017; and to Order Petitioner recover from Respondent Robert Hart reasonable attorneys' fees and costs in the total sum of $3,500.00. The Petition is sufficient to establish Petitioner is the owner of real property commonly known as 800 W. Acequia, Visalia, California 93291. In conjunction with his complaint filed against Petitioner, Respondent Robert Hart caused a Mechanics' Lien Claim to be recorded with the office of the Tulare County Record...

2019.1.31 Demurrer, Motion to Strike 167
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2019.1.31

Excerpt: ...' Amended Complaint as to all causes of action, with leave to amend; and (2) To Grant the Motion by Defendant Tri-County Medical Transport, Inc. to Strike Allegations of Plaintiff's Amended Complaint and to strike paragraphs 14 and 16 of the Amended Complaint and to strike paragraphs 2, 3, and 4 of Plaintiffs' prayer for relief, with leave to amend. Plaintiffs shall file any amended pleading within ten (10) days of this order. Defendant's objecti...

2019.1.30 Demurrer 093
Location: Tulare
Judge: Roper, Glade
Hearing Date: 2019.1.30

Excerpt: ... court is to assume the truth of all well- pleaded facts. (Blank v. Kirwan (1985) 39 Cal. 3d 311, 318; CCP 430.30.) The court will accept as true all facts that may be implied or inferred from those alleged. (Marshall v. Gibson, Dunn & Crutcher (1995) 37 Cal. App. 4th 1397, 1403.) The court “‘is to determine whether the pleaded facts state a cause of action on any available legal theory.' [Citation.]" (Richelle L. v. Roman Catholic Ar...

2019.1.29 Demurrer 072
Location: Tulare
Judge: Roper, Glade
Hearing Date: 2019.1.29

Excerpt: ...utes and legal conclusions with no factual allegations to support a demurrer in this action. Plaintiff's First Amended Complaint is sufficient to state an unlawful detainer claim against Defendant. If no one requests oral argument, under Code of Civil Procedure section 1019.5(a) and California Rules of Court, rule 3.1312(a), no further written order is necessary. The minute order adopting this tentative ruling will become the order of the court a...

2019.1.28 Motion for Order of Possession Prior to Judgment 586
Location: Tulare
Judge: Reed, Melinda
Hearing Date: 2019.1.28

Excerpt: ... Civil Procedure section 1255.410, plaintiff has sufficiently shown it is entitled to take the subject property by eminent domain and has deposited the statutorily determined amount of compensation. Plaintiff has also shown an urgent need for the property within the meaning of section 1255.410(c) and that it is entitled to an order for possession based on lack of timely opposition to the motion under section 1255.410(d). Accordingly, for good cau...

2019.1.28 Application for Leave to File Complaint in Intervention 386
Location: Tulare
Judge: Reed, Melinda
Hearing Date: 2019.1.28

Excerpt: ...rvenor Nolberto Apodaca brings this motion under Code of Civil Procedure section 387(d)(1)(A) and, alternatively under section 387(a) as an employee having the unconditional right to intervene in his employer's workers' compensation insurer's subrogation action under Labor Code section 3853. Apodaca has sufficiently shown he is entitled to intervene under the circumstances of this case and that his application is timely filed. Accordingly, the ap...

2018.8.13 Motion for Determination of Good Faith Settlement 712
Location: Tulare
Judge: Reed, Melinda
Hearing Date: 2018.8.13

Excerpt: ... the motion has been filed with the court. Here, cross-defendant David E. Godfrey dba HCD Construction (HCD) seeks orders (1) determining the settlement it reached with defendant McMillin Homes Construction, Inc., et al. (McMillin) for payment of $3000.00 by HCD's insurance carriers to McMillin in exchange for dismissal of this case was entered into in good faith; and (2) prohibiting other joint tortfeasors from pursing any claim for indemnity ag...

2018.8.13 Demurrer 513
Location: Tulare
Judge: Reed, Melinda
Hearing Date: 2018.8.13

Excerpt: ...iff Reyna Wilkinson's requests for judicial notice are granted. Plaintiff's first amended complaint for malpractice against her former lawyer and law firm alleges defendants improperly failed to file a lawsuit against Thomas C. Brodersen, the attorney for the personal representative of plaintiff's mother's estate; left her case in an “impaired condition” causing her to settle for an inadequate amount when represented by successor counsel; and...

2018.8.13 Demurrer 682
Location: Tulare
Judge: Reed, Melinda
Hearing Date: 2018.8.13

Excerpt: ...clusive jurisdiction over this matter. Plaintiffs assert their claims for breach of express contract are not, as a matter of law, unfair labor practices under Government Code sections 3500 et seq. and subject to PERB jurisdiction. The court agrees. PERB has exclusive jurisdiction over disputes which “arguably” constitute unfair labor practice claims. (Personnel Com. V. Barstow Unified School Dist. (1996) 43 Cal.App.4th 871, 885-886.) However,...

2018.8.9 Motion to Set Aside, Vacate Default, Judgment, to Dismiss 940
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2018.8.9

Excerpt: ...onse to this motion. This action arises out of a complaint filed by Capital One Bank against Glen C. Cogburn with a cause of action for account stated. Capital One subsequently entered a default against Mr., Cogburn on October 22, 2010 and default judgment entered on November 29, 2010. Capital One subsequently learned and confirmed that Mr. Cogburn was the victim of fraud as to this account and now seeks to set aside the previously entered defaul...

2018.8.9 Motion for Preliminary Approval of Class Action Settlement 849
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2018.8.9

Excerpt: ...August 17, 2018. The hearing on this motion is continued to August 23, 2018 at 8:30 a.m. in Department 2. If the court signs the order preliminarily approving the class settlement, the matter will go off calendar Plaintiffs' supplemental motion and supporting declarations provide sufficient additional information to support the release language used in the settlement, to support the reasonableness of Plaintiffs' preliminary attorneys' fees and co...

2018.8.7 Motion to Bifurcate Trial 661
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2018.8.7

Excerpt: ... plaintiff's damages is offered to the jury. OPERATIVE FACTS Plaintiff Jarnail Singh was involved in a motor vehicle accident when the trailer portion of a truck driven by defendant Hernandez and owned by defendant Kaweah Container (KCI) crossed into Singh's lane that resulted in a collision between the two vehicles. Singh suffered severe injuries in the accident, and subsequently filed an action for personal injuries and property damage. At the ...

2018.8.7 Demurrer 072
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2018.8.7

Excerpt: ...opez alleges causes of action for breach of contract, fraud, and negligence against defendant Richgrove Community Services District (RCSD), a public entity. RCSD is a public entity under Government Code §911.2 that states that “Public Entity includes the state, the Regents of the University of California, the Trustees of the California State University and the California State University , a county, city, district, public authority, public age...

2018.8.2 Motion for Entry of Judgment 237
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2018.8.2

Excerpt: ...eement” that was intended to resolve Capital One's action against Ms. Jones. Under this agreement, the parties stipulated that a judgment could be entered against Ms. Jones, but would not be entered so long as Ms. Jones made monthly payments on an agreed settlement amount. Ms. Jones subsequently defaulted on November 30, 2017. Capital One now moves the court for entry of judgment, less credit for payments received, plus court costs incurred in ...

2018.8.2 Motion for Preliminary Approval of Class Action Settlement 830
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2018.8.2

Excerpt: ...116, 129. Defendant has filed notice that there is a related action pending in the Santa Clara County Superior Court (Case No. 18CV330245). It is possible that the related case involves the same or overlapping class members with the subject litigation. Plaintiff should provide additional information about the relationship of the two cases and whether class members here may forego rights in the related case upon approval of the subject settlement ...

2018.8.2 Motion to Compel Responses, for Production of Docs, Request for Monetary Sanctions 083
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2018.8.2

Excerpt: ...ions Tentative Ruling: To grant defendant Ford Motor Company's Motion to Compel Responses from Plaintiffs to Defendant's First Sets of Form and Special Interrogatories and First Request for Production of Documents. Plaintiffs shall each provide full and complete verified responses to these discovery requests within thirty days from the notice of this ruling. Plaintiffs, jointly and severally, shall also pay monetary sanctions in the total amount ...

2018.7.31 Motion to Reopen Discovery 767
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2018.7.31

Excerpt: ...rts Defendant's contention that Plaintiff's counsel failed to prosecute the action in a diligent manner, failed to propound any discovery, failed to respond to Defendant's Demand for Disclosure of Experts (served May 8, 2018), failed to cooperate with Defendant to schedule mediation, and failed to appear at a number of court hearings. Plaintiff's current counsel substituted in on July 20, 2018. The substitution was signed by Plaintiff's former co...

2018.7.31 Demurrer 160
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2018.7.31

Excerpt: ...nry and Scribner. Defendant demurs to the SAC asserting all claims of McHenry and Scribner are statutorily time barred. Plaintiffs oppose the demurrer. A Notice of Completion for the McHenry home was recorded on June 10, 2005. A Notice of Completion for the Scribner home was recorded on May 27, 2005. Plaintiffs' action was initially filed on February 5, 2014 (and did not include McHenry or Scribner as Plaintiffs). Plaintiffs and Defendant entered...

2018.7.30 Petition for Writ of Mandate 708
Location: Tulare
Judge: Reed, Melinda
Hearing Date: 2018.7.30

Excerpt: ...of petitioner's driving privilege is to be reviewed by the court under the independent judgment standard. (Dyer v. DMV (2008) 163 Cal.App.4th 161, 167.) Under this standard, the court reviews the administrative record, reweighs the evidence (San Dieguito Union High Sch. Dist. v. Commission on Prof. Competence (1985) 174 Cal.App.3d 1176), and determines whether the findings are supported by the weight of the evidence. (Code of Civil Procedure sect...

2018.7.30 Demurrer 515
Location: Tulare
Judge: Reed, Melinda
Hearing Date: 2018.7.30

Excerpt: ...icial notice is granted. Here, defendants Jasmina Anabo Uson and Daniel Walter Johnson (collectively defendants) allege plaintiff's complaint for declaratory relief is defective because the first cause of action for endorsement of settlement checks is moot and the second cause of action for right to be paid attorney's fees is void as a matter of law. A general demurrer to a cause of action for declaratory relief must be overruled as long as an ac...

2018.7.27 Motion to Deem Matters Admitted, Request for Monetary Sanctions 036
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2018.7.27

Excerpt: ...est for monetary sanctions is granted. The court orders Defendants Bill Dolan and United Signs International to pay to Plaintiff the sum of $390.00 as a monetary sanction. Sanctions are payable within ten (10) days of this order. Proof of service in the file indicates notice of the motion was adequate. No response to the motion has been filed. Plaintiff's moving papers are sufficient to establish Defendants have failed to respond to properly prop...

2018.7.27 Motion for Preliminary Approval of Class Action Settlement 798
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2018.7.27

Excerpt: ...eeking amounts claimed due from Defendant for various wage and hour violations. Defendant has opposed Plaintiff's Complaint. The parties participated in mediation and have executed a settlement agreement to resolve the claims of eligible class members. The class consists of 69 former and current employees who worked at Defendant's dairy. The gross settlement is for $250,000.00. If all of Plaintiff's requested deductions were approved, the net set...

2018.7.27 Demurrer 392
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2018.7.27

Excerpt: ...e Defenses asserted in Defendants' Answer, with 10 days leave to amend. (1) Demurrer to Answer No response to the demurrer has been filed. Defendants' Second through Eighteenth Affirmative Defenses asserted in their answer contain no factual allegations to support any of the affirmative defenses. Plaintiff's demurrer is sustained as to each of these affirmative defenses under CCP 430.20(b). Defendants may be able to assert facts sufficient to sup...

2018.7.26 Demurrer 392
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2018.7.26

2018.7.25 Demurrer 590
Location: Tulare
Judge: Roper, Glade
Hearing Date: 2018.7.25

Excerpt: ...or personal injury damages arising from an accident on September 11, 2015 (See Complaint, Attachment MV-1.) Defendants demur asserting all of Plaintiffs' claims are barred as a matter of law by the two year statute of limitations under CCP 335.1. Plaintiffs have not made any showing that they can assert facts sufficient to show their claims are not statutorily barred. Accordingly, leave to amend is appropriately denied. If no one requests oral ar...

2018.7.25 Motion for Nonsuit 846
Location: Tulare
Judge: Roper, Glade
Hearing Date: 2018.7.25

Excerpt: ...o establish it was entitled to judgment for possession and judgment for Plaintiff and against Defendant was entered. Defendant filed her subject motion on July 3, 2018 more than four months after entry of judgment. The motion is untimely as not brought at the conclusion of Plaintiff's opening statement as required under CCP 581c(a). On the merits, Defendant's motion also fails. A motion for nonsuit is similar to a demurrer. It concedes the truth ...

2018.7.25 Motion for Judgment on the Pleadings 630
Location: Tulare
Judge: Roper, Glade
Hearing Date: 2018.7.25

Excerpt: ...o response to the motion has been filed. Plaintiff previously obtained an order from the court deeming matters admitted. The prior order and the moving papers are sufficient to establish that Plaintiff's Complaint is sufficient to state a cause of action against Defendant and that Defendant cannot state facts sufficient to assert any viable defense. Accordingly, Plaintiff is entitled to recover judgment on its Complaint against Defendant Claudia ...

2018.7.24 Motion to Compel Discovery Responses, for Sanctions 572
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2018.7.24

Excerpt: ...admitted. Mr. Zarabi shall also pay monetary sanctions under CCP § 2023.030 and §2033.280(c) in the amount of $460.00 within thirty days from the notice of this ruling. The Court notes that this discovery motion was timely noticed and served on defendant Zarabi at the address of his counsel as identified in his answer to plaintiff's complaint The Court has not received any response from defendant to this discovery motion. Exhibit “A” to the...

2018.7.24 Motion for Final Approval of Class Action Settlement 342
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2018.7.24

Excerpt: ...following findings: 1. Under the Preliminary Approval Order, the Notice of Class Action Settlement (hereinafter referred to as the "Notice") was mailed to all members of the Class by first-class U.S. mail. The Notice informed the Class of the terms of the Settlement, of their right to receive their proportional Settlement Payment, of their right to request exclusion from the Class and the Settlement, of their right to comment upon or obje...

2018.7.20 Motion for Change of Venue 130
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2018.7.20

Excerpt: ... when a third party purchased the property through escrow which closed on or about January 3, 2018 shortly after this action was commenced in December of 2017. As a result of the property sale, the only issue remaining between the parties is whether Plaintiff is entitled to recover from Defendants some portion of the amounts Defendants were paid out of escrow for the release of their liens. In no event will any determination by this court in this...

2018.7.20 Motion for Determination of Good Faith Settlement 930
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2018.7.20

Excerpt: ...fficient to show the settlement between Woodside Homes and Talons Landscape Development, Inc. was made in good faith and is reasonable under CCP 877.6 and Tech Bilt, Inc. v. Woodward‐Clyde & Associates (1985) 38 Cal.3d 488. If no one requests oral argument, the court is prepared to sign the form of order lodged by Movant. ...

2018.7.20 Motion for Appointment of Receiver, Issuance of Injunction 755
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2018.7.20

Excerpt: ...ble to locate Respondent to effectuate personal service. Notice has been posted at the subject property in Exeter and notice has been mailed to Respondent's last known address in the People's Republic of China. No response to the petition or to the motion has been filed. Petitioner has not received any contact from Respondent. The petition and motion involve commercial real property in Exeter which appears to have been abandoned. The property has...

2018.7.20 Motion to Determine Prevailing Party, to Fix Amount of Attorneys' Fees 492
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2018.7.20

Excerpt: ... includes the amount of $960.00 as attorneys' fees under CCP 1717.7(c). Proof of service in the file indicates notice of the motion was adequate. No response to the motion has been filed. Defendant's moving papers are sufficient to establish Defendant was the prevailing party in this action to recover on an open book account. Defendant is entitled to recover as costs his reasonable attorneys' fees not to exceed $960.00. (CCP 1717.7(c).) Defendant...

2018.7.19 Motion to Determine Prevailing Party, to Fix Attorneys' Fees 492
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2018.7.19

2018.7.19 Motion for Change of Venue 130
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2018.7.19

2018.7.19 Motion for Appointment of Receiver, Issuance of Injunction 755
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2018.7.19

2018.7.18 Motion to Compel Med Exam 198
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2018.7.18

Excerpt: ...t 10:00 a.m. at 729 N. Medical Center Drive #101-West, Clovis, Ca. 93611. OPERATIVE FACTS This action arises out of injuries sustained in two separate and distinct motor vehicles that occurred on November 6, 2015 and March 10, 2017 respectively. As a result of these two accidents, plaintiff Sabra Galloway claims injuries including a neck injury, 3 fractured ribs, a fractured clavicle, left hand pain, left shoulder pain, and left foot pain. Defend...

2018.7.18 Motion for Summary Judgment, Adjudication 948
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2018.7.18

Excerpt: ...g the construction and effect of supporting and opposing papers. (Tsemetzin v. Coast Federal Savings & Loan Assn. (1997) 57 Cal.App.4th 1334, 1342.) Summary judgment is granted when no triable issue exists as to any material fact and the moving party is entitled to judgment as a matter of law. (Code Civ. Proc., § 437c, subd. (c).) "[T]he party moving for summary judgment bears an initial burden of production to make a prima facie showing of ...

2018.7.18 Motion for Judgment on the Pleadings 670
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2018.7.18

Excerpt: ... to the motion for judgment on the pleadings for the purpose of determining if an agreement can be reached that resolves the claims to be raised in the motion for judgment on the pleadings. If an amended pleading is filed, the responding party shall meet and confer again with the party who filed the amended pleading before filing a motion for judgment on the pleadings against the amended pleading. (1) As part of the meet and confer process, the m...

2018.7.18 Demurrer 636
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2018.7.18

Excerpt: ... (Stop Youth Addiction, Inc. v. Lucky Stores, Inc. (1998) 17 Cal.4th 553, 558; People ex rel. Lungren v. Superior Court (1996) 14 Cal.4th 294, 300.) However, the assumption of truth does not apply to contentions, deductions, or conclusions of law and fact. (Id. at pp. 300- 301; Moore v. Regents of University of California (1990) 51 Cal.3d 120, 125.) The court considers all matters which properly may be judicially noticed. (Blank v. Kirwan (1985) ...

2018.7.17 Motion for Judgment on the Pleadings 670
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2018.7.17

2018.7.17 Demurrer 636
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2018.7.17

2018.7.17 Motion for Summary Judgment, Adjudication 948
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2018.7.17

2018.7.17 Motion to Compel Med Exam 198
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2018.7.17

2018.7.12 Motion to Fix Attorney Fees 803
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2018.7.12

Excerpt: ...udicial Notice is granted as to Items 1-6 of plaintiff's Request for Judicial Notice under Evidence Code §452(d). Plaintiff's Request for Judicial Notice is granted as to Item #7 of plaintiff's Request for Judicial Notice only as to the date of filing of the documents on file with the Court for this action and as to minute orders and other orders for this case that appear in the Court's file. Except for orders from the Court that appear in the C...

2018.7.12 Motion for Summary Judgment 095
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2018.7.12

Excerpt: ... being filed. Plaintiff's Request for Judicial Notice is granted as to Exhibits “JN 1” and “JN 2” under Evidence Code §452(a) and §452(b) OPERATIVE FACTS Plaintiff AEB's complaint alleges that within the last four years Dolan and USI became indebted to AEB for goods, wares, and merchandise obtained from AEB at Dolan and USI's request under a line of credit that Dolan and USI had obtained. Dolan and USI applied to AEB for a credit card a...

2018.7.12 Demurrer 465
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2018.7.12

Excerpt: ...ion that supports compliance with §430.41(a)(3) as set forth in this ruling. If the moving party has complied with CCP 430.41 as set forth herein, the Court will publish a tentative ruling that addresses the merits of this demurrer on the day before the continued hearing date. In the event of non-compliance, defendant Sepulveda's demurrer will be overruled on those grounds. Any party that demurrers to a pleading must comply with the mandatory pr...

2018.7.10 Petition for Declaration of Abandonment 837
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2018.7.10

Excerpt: ...m of $3,219.50 from Defendants plus attorneys' fees in the sum of $1,830.00 for a total of $5,049.50. Plaintiff brings this action under the Mobilehome Residency Law. (Civil Code 798 et seq.) Plaintiff seeks an order determining the subject mobilehome abandoned and an order permitting a public auction of the mobilehome as provided in the statute. Proof of service in the file indicates that notice of the Petition has been given by mail and by post...

2018.7.10 Motion for Leave to Augment Expert Witness List 985
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2018.7.10

Excerpt: ...1016. Plaintiff was hit on the head by a baseball thrown by another student. Plaintiffs allege that a negligent failure to supervise the students on the playground resulted in this injury. The matter has been pending since March 22, 2017 and the trial has been continued twice. The minor was examined by Dr. Jacqueline Harris-Groeber on December 3, 2017. She recommended that plaintiff seek further examination from a neurologist. Defense counsel lea...

2018.7.10 Motion for Attorneys' Fees 062
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2018.7.10

Excerpt: ...revailing party after court trial in this action. This was an action on a contract containing an attorneys' fees provision and Plaintiff is entitled to recover reasonable attorneys' fees pursuant to Civil Code 1717(a). The declaration filed in support of the motion indicates fees actually billed to Plaintiff amount to $61,140.00. The court finds this represents reasonable attorney's fees for this straight forward collection matter which was heard...

2018.7.10 Demurrer 989
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2018.7.10

Excerpt: ...f's Complaint filed on June 12, 2017 is dismissed, with prejudice. Plaintiff is an unrepresented former inmate. He appears in propria persona in this action. He filed his civil complaint against the Kern County Superior Court by way of a Judicial Council form complaint. The caption to the complaint lists damages as “Length of Sentence.” The Complaint contains no facts and asserts only that Plaintiff was assessed too much prison time in his cr...

2018.7.3 Motion for Summary Judgment, Adjudication 047
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2018.7.3

Excerpt: ...ccessor in interest to American Sterling Bank as holder of a promissory note executed by Defendant Rachel L. Welman in 2006. The note was secured by a second deed of trust encumbering real property. According to Plaintiff, the senior first trust deed was foreclosed on February 21, 2008 (Paras Decl., paragraph 11.) Plaintiff has not asserted Defendant made payments or otherwise performed on the note after February 21, 2008. Plaintiff asserts it �...

2018.7.3 Demurrer, Motion to Enjoin Motions, to Quash or Recall Writ 846
Location: Tulare
Judge: Roper, Glade
Hearing Date: 2018.7.3

Excerpt: ...ling: To Deny all four (4) motions/requests for relief filed by Defendant Sonia Alvarez on June 14 -15, 2018. Proof of service in the file indicates that copies of the moving papers were served by mail on Plaintiff's counsel of record on June 13, 2018. No response to the moving papers has been filed. CCP 1005 requires a minimum of 16 court days notice for any motion (plus an additional 5 days for mailing). Defendant's motions are deficient for la...

2018.6.28 Demurrer 937
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2018.6.28

Excerpt: ...ing: To sustain Defendant's demurrer with leave to amend. Plaintiffs shall have twenty days to amend their complaint. OPERATIVE FACTS On July 14, 2006, plaintiffs Linden and Odessa Beckford (“The Beckfords”) obtained a loan in the amount of $85,000.00 to purchase the investment property at 19497 Road 234, Strathmore, California 93267 “as a rental unit.” The Beckfords executed a promissory note that was secured by a deed of trust recorded ...

2018.6.28 Motion to Strike, to Terminate Sanctions, for Judgment 672
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2018.6.28

Excerpt: ...To calendar an Order to Show Cause to be heard on August 2, 2018 at 8:30 a.m.in Department 2 of this court as to why defendant Sheena Velasquez's answer to plaintiff's complaint should not be stricken and a default judgment entered against this defendant, and why monetary sanctions under CCP §177.5 in the amount of $750.00 should not be imposed against defendant Velasquez based on defendant's disobedience of the Court's November 30, 2017 order. ...

2018.6.28 Motion for Preliminary Approval of Class Action Settlement 849
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2018.6.28

Excerpt: ...Cal. App. 4th 116, 129. 1. Sufficiency of Amount of Settlement This class action relates to 5,245 employees of Defendants' Dairy and Cheese production facilities. Plaintiffs seek recovery for Defendants' failure to provide adequate meal breaks. The parties reached a settlement of Plaintiffs' claims at mediation. The gross amount to be paid by Defendants under the settlement is $3,200,000.00. If all of Plaintiffs' requested deductions were approve...

2018.6.26 Motion for Summary Judgment 257
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2018.6.26

Excerpt: ...Fernandez obtained an order from the court on February 6, 2018 relieving him as Mr. Fernandez's counsel in this action. Mr. Fernandez remains in pro per. The Ledger Law Firm appears to remain as counsel of record for the minor Plaintiffs and their guardian ad litem. Moving Defendant asserts he was served with the summons and complaint but is not the person named in the police report relating to the subject automobile accident. No response to the ...

2018.6.26 Motion for Leave to File Complaint 223
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2018.6.26

Excerpt: ...r 2, 2017 attended by counsel for Plaintiffs and Defendants. At the CMC the court ordered the matter set for trial on October 29, 2018. In January 2018 all parties stipulated to advance the trial date to October 1, 2018. Plaintiffs' current motion was filed on May 23, 2018 asking to add a new cause of action for Medical/Hospital Malice and Oppression and to add a new claim for punitive damages. Defendants oppose the motion. As Plaintiffs point ou...

2018.6.26 Demurrer, Motion to Strike 510
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2018.6.26

Excerpt: ...e Nursing and Rehabilitation Center's demurrer to the causes of action for elder abuse with twenty days' leave to amend. Based on this court's ruling as to defendant Tulare Nursing and Rehabilitation Center's demurrer to plaintiffs' first amended complaint, defendant Tulare Nursing and Rehabilitation Center's motion to strike portions of plaintiffs' first amended complaint is moot. OPERATIVE FACTS This is an action filed by Sylvester Grigsby, ind...

2018.6.26 Demurrer 575
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2018.6.26

Excerpt: ...nterpretation by reading it as a whole and with all its parts in their context. (Stop Youth Addiction, Inc. v. Lucky Stores, Inc. (1998) 17 Cal.4th 553, 558; People ex rel. Lungren v. Superior Court (1996) 14 Cal.4th 294, 300.) However, the assumption of truth does not apply to contentions, deductions, or conclusions of law and fact. (Id. at pp. 300- 301; Moore v. Regents of University of California (1990) 51 Cal.3d 120, 125.) The court considers...

2018.6.26 Motion to Set Aside Judgment Default 432
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2018.6.26

Excerpt: ...as required by California Rule of Court 3.1112(a) Second, the declaration of Marti Gonzalez that accompanies the moving papers for this motion was not submitted “under penalty of perjury” as required under CCP §2015.5 so as to be admitted into evidence in support of a motion. Also, there has been no proof of service filed with Ms. Gonzalez's motion to document that the moving papers for this motion were served on defendant-cross complainant ...

2018.6.25 Motion for Preliminary Approval of Class Action Settlement 713
Location: Tulare
Judge: Reed, Melinda
Hearing Date: 2018.6.25

Excerpt: ... without prejudice. This wage and hour class action relates to 105 or 104 employees of defendants Joe Vander Poel and Ron Vander Poel. (Plaintiff needs to clarify the exact number of members; page 4 of attorney Karasik's declaration states the number is 104.) At mediation, the parties entered into a settlement agreement for a gross settlement amount of $150,000.00 to be paid in three installments over 12 months. Plaintiffs have provided their est...

2018.6.25 Demurrer 390
Location: Tulare
Judge: Reed, Melinda
Hearing Date: 2018.6.25

Excerpt: ...) demurrer for failure to show they owed her a duty of care for injuries she received from their tenant's dog. On demurrer to the first amended complaint the court determined “[u]nder California law, a landlord does not owe a duty of care to others for injuries incurred from a tenant's dog unless the landlord had actual knowledge of the presence of the dangerous animal. Constructive knowledge is insufficient. (Uccello v. Laudenslayer (1975) 44 ...

2018.6.25 Motion to Bifurcate 712
Location: Tulare
Judge: Reed, Melinda
Hearing Date: 2018.6.25

Excerpt: ...iffs In Intervention Travelers Property Casualty Company of America, The Travelers Indemnity Company of Connecticut, St. Paul Mercury Insurance Company, St. Paul Surplus Lines Insurance Company, and Fidelity and Guaranty Insurance Underwriters, Inc.'s Motion to Bifurcate. Proof of service in the court's file indicates notice of the motion was adequate. Plaintiffs in Intervention have filed a notice of non-opposition by any party to the motion. No...

2018.6.25 Motion to Strike Punitive Damages 079
Location: Tulare
Judge: Reed, Melinda
Hearing Date: 2018.6.25

Excerpt: ...tion 435.5(a) requiring defendant to meet and confer with plaintiff prior to filing the motion to strike. Accordingly, the motion to strike is ordered off-calendar. The parties are directed to meet and confer for the purpose of determining whether an agreement can be reached that would resolve the objections to be raised in the motion to strike before re-scheduling the motion. If no one requests oral argument, under Code of Civil Procedure sectio...

2018.6.25 Motion to Vacate Judgment 199
Location: Tulare
Judge: Reed, Melinda
Hearing Date: 2018.6.25

Excerpt: ...vil Procedure section 473(d). Plaintiff requests the order because it “can no longer pursue collection of the debt against the Defendant.” Code of Civil Procedure section 473(d) authorizes the court to correct clerical mistakes in a judgment and, after notice, to set aside any void judgment. Here, there is no proof of notice to defendant. Moreover, the court has no authority to grant the motion under section 473(d) based on the reason stated....

2018.6.21 Motion to Compel Arbitration 765
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2018.6.21

Excerpt: ...ial District's Demurrer as to Plaintiff's Complaint is sustained without leave to amend All parties to this action were given timely and proper notice of this demurrer. There has been no response to this demurrer As to Exhibit “A,” defendant's request for judicial notice is granted only as to the date of filing of the plaintiff's complaint in this present action. Except for orders from the Court that appear in the Court's file for this case, ...

2018.6.21 Motion for Summary Judgment 725
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2018.6.21

Excerpt: ...(c)) and must view the evidence and inferences "in the light most favorable to the opposing party." See Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843; Ragland v. U.S. Bank Nat'/ Assn. (2012) 209 Cal.App.4th 182, 199 "If a party moving for summary judgment . . . would prevail at trial without submission of any issue of material fact to a trier of fact for determination, then he should prevail on summary judgment." Ag...

2018.6.21 Motion for Reconsideration 027
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2018.6.21

Excerpt: ... all defendants except Castlewood Partners, Inc. without leave to amend as to plaintiff's first and second causes of action and directed the plaintiff to file an amended complaint within thirty days from the notice of this ruling. The notice of ruling was served by mail on April 24, 2018, and on May 2, 2018 plaintiff responded with the motion for reconsideration that is presently before this Court. AUTHORITY AND ANALYSIS The legislative intent be...

2018.6.21 Motion for Final Approval of Class Action Settlement 526
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2018.6.21

Excerpt: ...ttlement that was preliminarily approved on February 8, 2018, including the supporting declarations of Javier Larios, Norman Alcantara, Santos Gomez, and Gregory N. Karasik. From this review the Court makes the following findings; (1) The requirements for class certification under Code of Civil Procedure §382 are satisfied as to, and certifying for settlement purposes, a settlement class comprised of all persons who at any time between March 9, ...

2018.6.21 Motion for Final Approval of Class Action 900
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2018.6.21

Excerpt: ...inal approval of class action settlement that was preliminarily approved on March 15, 2018, including the supporting declarations of Manuel Soto, Maria Esmeralda Vizzusi, Santos Gomez, and Mai C. Vang. From this review the Court makes the following findings: 1. All the requirements for class certification under Code of Civil Procedure §382 are satisfied as to, and certifying for settlement purposes, a settlement class comprised of all persons wh...

2018.6.20 Application for Order of Possession, Request for Order of Deposit 165
Location: Tulare
Judge: Roper, Glade
Hearing Date: 2018.6.20

Excerpt: ... for Order of Deposit. Plaintiff seeks to acquire through eminent domain a portion of Defendants' real property for use as a water tank site. Plaintiff has filed its Complaint in accordance with CCP 1250.010 et seq. Before the court is Plaintiff's application for a pre-judgment order of possession pursuant to CCP 1255.410. Defendants oppose the application asserting only that Plaintiff has not made the deposit required under CCP 1250.010. Attache...

2018.6.19 Motion to Quash Service of Summons 982
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2018.6.19

Excerpt: ...ling of a proof of service that complies with the statutory standards (here CCP §417.10(a) when service is completed by personal service) creates a rebuttable presumption that service was proper. See Floveyor Int'l. Ltd v. Superior Court (Shick Tube‐Veyor Corp.) (1997) 56 Cal.App.4th 789, 795. Under CCP 417.10(a), where service is completed by personal delivery, the process server's declaration must show the time and place where the summons wa...

2018.6.19 Motion to Dismiss 810
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2018.6.19

Excerpt: ... July 14, 2009, and has not undertaken any action to resolve her case by way of trial or settlement. An action must be brought to trial within five years after it is commenced against the defendant. If not, dismissal is mandatory on the motion of any party, or on the court's own motion. See CCP §§583.310 and 583.360 This five year statute establishes a “bright line” beyond which plaintiff's delay would not be tolerated. See General Motors C...

2018.6.19 Motion for Summary Judgment, Adjudication 103
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2018.6.19

Excerpt: ...ons to evidence deemed material to the motion. (CCP 437c(q).) The court's rulings are in the file on the form of order lodged by Defendant. A summary judgment motion raises only questions of law regarding the construction and effect of supporting and opposing papers. (Tsemetzin v. Coast Federal Savings & Loan Assn. (1997) 57 Cal.App.4th 1334, 1342.) Summary judgment is granted when no triable issue exists as to any material fact and the moving pa...

1881 Results

Per page

Pages

1...
10
11
12
13
14
15
16
17
18
19

The Best Way toLearn About a Judgeis to Read Their Rulings!

The Best Way to
Learn About a Judgeis to Read Their Rulings!