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2024.03.05 Motion for Summary Judgment 161
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2024.03.05
Excerpt: ...MF”) Nos. 1, 9. ) Pursuant to the direction of Defendant, Plaintiff disbursed the loan/ financed amount to Defendant by check, to Defendant's designated bank account or to a third party designee. (UMF Nos. 2, 10. ) Defendant agreed to be bound by the terms and conditions set forth in the Loan Agreement and, among other promises, promised to pay to Plaintiff the principal amount advanced and/ or financed along with the interest rate disclosed in...
2024.03.05 Motion for Final Approval of Class Action and PAGA Settlement 951
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2024.03.05
Excerpt: ...LWDA payment and class certification for settlement purposes came on for hearing on March 5, 2024. The Court finds and rules as follows: On February 8, 2024, the settlement administrator Phoenix, through its Case Manager, filed a declaration detailing the following events. On October 2, 2023, the administrator received a mailing list of 230 potential class members from Defendant's counsel with names, contact information, social security numbers a...
2024.03.05 Motion for Relief from Default or to Stay 551
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2024.03.05
Excerpt: ...idential property located at 4954 Ave 308 Visalia, CA, 93291 (“Subject Property”) and was purportedly served on Defendants Miguel Abilia, Candida Alvarez and moving party Defendant Edgar Hernandez, in addition to all other occupants, by substitute service and mail on “Male over age 18 inside residence.” The proof of services are completed by a registered process server . On February 21, 2024, default and default judgment were entered for ...
2024.02.29 Motion to Set Default, for Entry of Default Judgment on Amended Complaint 125
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2024.02.29
Excerpt: ...'s motion for relief moot and places the cas e at issue and ready to set for trial; (2) To deny the motion. (1 ) Fa ct s P la in t if f f ile d t h e in it ia l c o m p la in t Ap r il 4 , 2 0 2 2 a n d s e r v e d D e fe n d a n t Is o d o r o Fernandez personally on July 11, 2022. Defendant Fernandez answered the complaint July 8, 2022 . Plaintiff filed an amended complaint June 16, 2023 . Plaintiff served Defendant with the amended complaint v...
2024.02.29 Motion to Enforce Settlement 473
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2024.02.29
Excerpt: ... and for sanctions against Defendant for an alleged breach of a settlement agreement entered into after mediation on November 17, 2023 . Plaintiff states “FCA is holding the settlement hostage by trying to add terms that were not agreed upon at mediation. FCA's conduct of (1) delaying the settlement to add terms not negotiated and/ or agreed upon at mediation; (2) refusing to honors (sic) it s obligations under the settlement; and (3) creating ...
2024.02.27 Petition for Relief from Claims Statute 121
Location: Tulare
Judge: Roper, Glade
Hearing Date: 2024.02.27
Excerpt: ...ce that may be presented at the hearing; Counsel may appear in any manner; the Court notes that it issues no ruling as to Respondents State of California and County of Tulare based upon a lack of proper service of the Petition on these Respondents . Background Fact s The Court continued this matter previously and sought supplemental facts underling the calendaring error claimed as the basis for this petition. The Court is in receipt of Plaintiff'...
2024.02.27 Motion to File Complaint Nunc Pro Tunc 216
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2024.02.27
Excerpt: ...024, Plaintiff filed this motion for an order deeming the complaint filed August 11, 2023, nunc pro tunc . Plaintiff's counsel indicates that its office, on August 11, 2023, submitted the following documents to its e -filing provider: Request to Waive Court Fees FW - 0 0 1 ; Orde r on Court Fe e W aive r FW -003; Civil Case Cover Sheet; Summons; Co m p la in t – Personal Injur y, Prope rt y Damage , W rongful De at h PLD -PI -001, Cause of Acti...
2024.02.27 Motion to Compel Initial Responses, to Deem RFAs Admitted 789
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2024.02.27
Excerpt: ...) To grant the unopposed motion and order responses, without objections, no later than thirty (30) days from the date of this hearing; (4) To grant the unopposed motion and deem the Requests for Admissions, Set One, Nos. 1 through 40 admitted; to impose sanctions of $940 in favor of Cross - Defendant Zumalt and against Cross -Complainant Christiansen and counsel of record, jointly and severally, payable no later than thirty (30) days from the dat...
2024.02.27 Motion for Summary Judgment 016
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2024.02.27
Excerpt: ...of care, Nelson also argues that Plaintiff f ailed to comply with the one -year statute of limitations under Code of Civil Procedure section 340.5 and cannot rely on section 474 as to naming of a Doe Defendant . Material Fact s On March 24, 2022, Plaintiff filed her complaint for a single count of negligence against a number of Defendants but did not name Nelson as a Defendant. (UMF No . 1 2 .) Plaintiff first presented to Defendant Nelson for tr...
2024.02.27 Motion for Attorney Fees 706
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2024.02.27
Excerpt: ...tion (3) To deny the motion (1 ) Plaintiff Beth Hart's Motion for Attorneys' Fees (for September 28, 2023 through November 16, 2023) Fa ct s On June 27, 2023, this Court granted a motion by Plaintiff for attorneys' fees as to the collection of the judgment in the amount of $7,996.25 in fees and $2,029.50 in costs. This prior motion, filed May 16, 2023 included fees up to May 10, 2023. Plaintiff thereafter filed a second motion for fees and costs ...
2024.02.27 Motion for Approval of PAGA Settlement 994
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2024.02.27
Excerpt: ...(“PAGA”) for violations of 1) unpaid wages, (2) unreimbursed expenses; (3) m e a l p e r io d v io lations, (4) rest period violations, (5) failure to pay all wages owed upon separation, (6) inaccurate wage statements, and (7) inaccurate records. The Court granted Defendants motion to compel arbitration as to the individual PAGA claims by Plaintiff and stayed the representative PAGA claims. The parties appear to have resolved this matter with...
2024.02.26 Motion for Preliminary Approval of Class Action and PAGA Settlement 562
Location: Tulare
Judge: Bianco, John P
Hearing Date: 2024.02.26
Excerpt: .... Sufficiency of Amount of Settlement (Net Estimated: $420,000) The gross settlement amount is $750,000. Plaintiff estimates approximately 500 proposed Class Members, providing an estimated average payout of $1,992.04 per member. The Class Members consist of: “All persons who worked for Defendants as non -exempt, hourly -paid employees in the State of California at any time from July 1, 2021 through October 31, 2023” The operative complaint a...
2024.02.26 Demurrer 115
Location: Tulare
Judge: Bianco, John P
Hearing Date: 2024.02.26
Excerpt: ... in t if f f ile d t h e Fir s t Am e n d e d Co m p la in t a lle g in g t w o t o r t - based causes of action against Defendants, and alleging that Plaintiff had filed a s im p le “c o m p la in t f o r m ” w it h t h e Fa r m e r s v ille P o lic e D e p a r t m e n t in 2 0 2 1 in satisfaction of th e tort claims presentation requirement. The Court again sustained Defendant's demurrer with leave to amend to permit pleading compliance wit...
2024.02.26 Motion for Judgment on the Pleadings 483
Location: Tulare
Judge: Bianco, John P
Hearing Date: 2024.02.26
Excerpt: ... installment sales contrac t for a vehicle, the sale of the vehicle and the difference between the sale price and the amount left over on the initial loan. Defendant answered the complaint on June 15, 2023 . On December 11, 2023, this Court granted Plaintiff's motion to deem admissions admitted as to Nos. 1 through 8 as follows : “1. You entered into the CONTRACT attached as Exhibit "A" . 2. That the CONTRACT was assigned to Plaintiff f...
2024.02.26 Motion for Summary Judgment 589
Location: Tulare
Judge: Bianco, John P
Hearing Date: 2024.02.26
Excerpt: ... Forensic Medical Group, Inc. or Wellpath filed its motion for summary judgment. Defendant set the motion for June 10, 2024, after trial in this matter. The motion was served via email . On February 8, 2024, Defendant filed an ex parte motion to shorten the 30 day period before trial applicable to the hearing date or, alternatively, to continue trial . The Court notes that this ex parte motion argues that Defendant “acted promptly in attempting...
2024.02.26 Motion for Reconsideration of Ruling on Demurrer 497
Location: Tulare
Judge: Bianco, John P
Hearing Date: 2024.02.26
Excerpt: ...entation requirements of the Government Tort Claims Act . On January 11, 2024, Plaintiff filed this motion for reconsideration on the basis that the operative amended complaint pled compliance via a general allegation under “Esparza v. Kaweah. ” Though Plaintiff does not identify where she alleges compliance, the Court notes that the seventh page of the complaint states “this complaint is in compliance with the ca tort claims act because I ...
2024.02.26 Motion for Summary Judgment 469
Location: Tulare
Judge: Bianco, John P
Hearing Date: 2024.02.26
Excerpt: ...ivity under Code of Civil Procedure section 340.1 and/ or Government Code section 905 does not excuse the failure to exhaust in violation of the constitutional r e s t r ic t io n s o n g if t s o f p u b lic f u n d s , t h a t r e t r o a c t iv it y u n d e r Co d e o f Civ il Procedure section 340.1 and/ or Gover nment Code section 905 does not excuse the failure to exhaust in violation of federal due process and that retroactivity under Code...
2024.02.26 Motion to Tax Costs 798
Location: Tulare
Judge: Bianco, John P
Hearing Date: 2024.02.26
Excerpt: ... as follows : $3,142.50 for nonpayment of minimum wage under Labor Code section 1194; $1,500 for nonpayment of overtime compensation under Labor Code section 1194; $4,275 for waiting time penalties for nonpayment of wages under Labor Code section 203; $7,500 for meal break violations under Labor Code sections 227.6 and 512; an d $1,950 for inaccurate wage statement violations under Labor Code section 226 . On November 2, 2023, this Court entered ...
2024.02.15 Motion for Relief from Default, Stay of Writ of Execution 879
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2024.02.15
Excerpt: ... 10 day notice to terminate tenancy . Defendant Garcia was served by substitute service on “JANE DOE (CO - O CCUP AN T, 2 0 YRS, FEM ALE, H ISP AN IC, 1 4 0 LBS, 5 '6 , BLACK H AIR, BRO W N EYES), CO OCCUPANT” on October 29, 2023, pursuant to the filed proof of se rvice . Se rvice was made by a re giste re d Californi a proce ss se rve r. On December 20, 2023, the Court entered default as to Defendant Garcia. After court trial, the Court ...
2024.02.15 Motion for Preliminary Approval of Class Action Settlement 416
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2024.02.15
Excerpt: ... $171,514.32) The gross settlement amount is $662,000. Plaintiff estimates approximately 131 proposed Class Members, providing an estimated average payout of $1,309.27 per member. The Class Members consist of: All p e r s o n s e m p lo y e d b y D e f e n d a n t Vis a lia Ce r a m ic Tile , In c . in t h e p o s it io n o f Tile Helper/ Finisher in the State of California who worked at any time between June 21, 2014, to November 4, 2021, and di...
2024.02.15 Motion for Judgment Notwithstanding the Verdict, for New Trial 414
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2024.02.15
Excerpt: ... dangerous condition of an uneven, broken or deteriorating road causing Plaintiff to lose control of his motorcycle in June 2021. Af t e r t h e t r ia l, t h e ju r y is s u e d a v e r d ic t in f a v o r o f t h e P la in t if f , f in d in g a s f o llo w s : 1. The County owned or controlled the Subject Property; 2. The Subject Property was in a dangerous condition; 3. The County had notice of the dangerous condition for a long enough time f...
2024.02.15 Demurrer 412
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2024.02.15
Excerpt: ...st Oakwood Drive, Tulare, CA 93274 [‘Subject Property']” (C o m p la in t ¶ 4 . ) P laintiff names individual Defendants Gerardo Lara and Dora Lara, as well as all “all persons claiming by, through or under such person, and all persons unknown, claiming any legal or equitable right, title, estate, lien, or interest in the property describ ed in the compliant, adverse to plaintiff's title thereto” (hereinafter referred to as “unknown de...
2024.02.13 Motion to Compel Production based on Third Party Subpoena 246
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2024.02.13
Excerpt: ...Credentialing” to produce the following: “1. Any and all DOCUMENTS, including statements of decision, findings, summaries, opinions, rulings, and/or minutes regarding any California Commission on Teacher Credentialing investigation and/or hearing regarding MICHAEL DONALD CARDOZA (DOB: 01/18/1949), who was licensed by the California Commission on Teacher Credentialing. 2. Any and all DOCUMENTS regarding any disciplinary action imposed on MICHA...
2024.02.13 Motion for Reconsideration of Ruling on Motion for Summary Judgment 016
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2024.02.13
Excerpt: ...nt as to each of these moving defendants. Tate was initially named in the complaint, dismissed, and attempted to be readded to the complaint via the Doe Amendment under Code of Civil Procedure section 474. The Court found Plaintiffs did not lack “the requisite knowledge of his identity and liability at the time of filing the initial complaint when Plaintiff named Tate as a defendant initially.” Princewill was the admitting, treating and disch...
2024.02.13 Demurrer, Motion to Strike Punitive Damages 656
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2024.02.13
Excerpt: ...a's surviving children and spouse and bring two causes of action for wrongful death and for survival. Plaintiffs allege that Decedent was, on or about September 10, 2022, at the approximate hour of 9:10 p.m., crossing the street at East Springville Avenue and South Connor Street when Defendant Jason Malcom, operating a vehicle, struck Decedent as he was crossing the street after purchasing a bottle of vodka “which he would do every night from D...
2024.02.08 Motion to Vacate Entry of Default Judgment 190
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2024.02.08
Excerpt: ...0, 2023, default judgment was prepared to be entered in the amount of $33,903.93, but was placed on hold pending the January 3, 2024 ex parte hearing to set aside the entry of default. No judgment has been entered in this matter. On January 3, 2024, at the ex parte hearing, the Court set this matter for a noticed motion on this hearing date. In support of the motion, the Court has reviewed the only filing by Defendant in this matter on December 2...
2024.02.07 Motion to Change Venue 771
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2024.02.07
Excerpt: ...ff purchased or was assigned claims of physicians against Defendant California Physicians' Service dba Blue Shield of California as to the reasonable and customary value of emergency services. (Complaint ¶¶25, 31.) The complaint alleges further “The acts, transactions and occurrences giving rise to this action occurred in substantial part in the County of Tulare, in the State of California.” (Complaint ¶4.) The complaint admits no express ...
2024.02.06 Motion for New Trial 047
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2024.02.06
Excerpt: ...he operative complaint failed to allege the requisite compliance because of two contradictory paragraphs: “12. Prior the initiation of this lawsuit, Plaintiff timely served tort claims in accordance with Government Code §§ 910 and 911.2.” “14. Plaintiff Destiny Lopez mailed claims for damages to the City of Visalia and the County of Tulare on October 6, 2021. Neither the City nor the County provided Plaintiff with a written response to th...
2024.02.06 Motion for Final Approval of Class Action and PAGA Settlement 864
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2024.02.06
Excerpt: ...oses came on for hearing on February 6, 2024. The court finds and rules as follows: On July 27, 2023, the settlement administrator, Apex Class Action, LLC, received a mailing list of 91 potential class members from Defendant's counsel with names, contact information, social security numbers and relevant employment information. On August 9, 2023, after the administrator processed the names through the National Change of Address Database and update...
2024.02.06 Motion for Attorney Fees 384
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2024.02.06
Excerpt: ...epair facility on nine (9) different occasions. Plaintiff filed this lawsuit in December 2022, alleging violations of the Song-Beverly Act. The matter resolved for $90,447.18 via an accepted section 998 offer, plus recovery of attorneys' fees and costs pursuant to this noticed motion. Plaintiff argues that it engaged in atypical litigation activities including a motion to compel deposition of person most qualified, a motion to deem admissions adm...
2024.02.06 Motion for Preliminary Approval of Class Action and PAGA Settlement 548
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2024.02.06
Excerpt: ...embers, providing an estimated average payout of $837.25 per member. The Class Members consist of: All current and former non-exempt employees who worked for Delta View in California at any time from September 29, 2018 through October 17, 2023. The operative complaint alleges causes of action against Defendant Gregory O. Dias Dairy Farming, Inc. dba Delta View Farms (“Delta View” or “Defendant”) for violations of the California Labor Code...
2024.02.05 Motion to Tax Costs, for Attorney Fees 798
Location: Tulare
Judge: Bianco, John P
Hearing Date: 2024.02.05
Excerpt: ... CVT/Colburn's Motion for Attorney Fees as to Madrigal Facts On July 7, 2023, Plaintiffs' counsel filed a request for dismissal of Madrigal only. No notice of entry of dismissal was served. On July 27, 2023, Plaintiff Silva accepted Defendants' section 998 offer. On November 2, 2023, this Court entered judgment in favor of Plaintiff Cortez in the total amount of $25,282.48, inclusive of stipulated interest and liquidated damages. Notice of entry ...
2024.02.05 Motion to Compel Arbitration 192
Location: Tulare
Judge: Bianco, John P
Hearing Date: 2024.02.05
Excerpt: ...int filed July 25, 2023. The complaint alleges breach of contract between Plaintiff Alice Terry and Defendants Derrick Gray. The contract alleged breached appears to be a settlement agreement executed after mediation in Case No. VCU291133. The complaint in this matter alleges “Case [VCU291133] was to be completed within 30 days of mediation in January. They Never mentioned wanting title insurance on all of title. According to court Everything s...
2024.02.05 Motion for Prejudgment Possession 915
Location: Tulare
Judge: Bianco, John P
Hearing Date: 2024.02.05
Excerpt: ... August 15, 2023, this is an action for eminent domain where the State, acting through the Department of Transportation (“Plaintiff”) seeks a partial acquisition of approximately 2.60 acres or 113,256 sf of fee simple interest, to include 0.91 acre/39,802 sf in fee (Parcel 88192-1), 0.02 of an acre/796 sf in fee (Parcel 88192-2), and 1.67 acres/72,745 sf in fee (Parcel 88192-3) Caltrans also seeks to acquire 0.34 of an acre/14,817 sf of under...
2024.02.05 Demurrer 265
Location: Tulare
Judge: Bianco, John P
Hearing Date: 2024.02.05
Excerpt: ...intends to adopt its tentative ruling originally issued January 26, 2024, as set forth below: The Court intends to overrule the demurrer on the abatement argument, to sustain the demurrer with leave to amend as to the first, second, third, fifth and sixth causes of action on the standing argument, to provide Plaintiff ten (10) days from this hearing to file an amended complaint as to standing and to overrule the demurrer as to the fourth cause of...
2024.02.01 Motion to Compel Arbitration, Demurrer 218
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2024.02.01
Excerpt: ...purchase of undeveloped real property form Defendants subject to a number of agreements and assignment of the rights under those agreements. In September 2020, Defendants Donahue Schriber Realty Group, L.P. and Donahue Schriber Asset Management Corporation (collectively “Donahue Schrieber”) as seller, entered into a purchase and sale agreement and joint escrow instructions (the “PSA”) with Salim Development Group, as buyer, for a parcel o...
2024.02.01 Motion for Relief from Default 001
Location: Tulare
Judge: Roper, Glade
Hearing Date: 2024.02.01
Excerpt: ...ion for relief from default. In support, Defendant checks the box for inadvertence and oversight, states alleged meritorious defenses, states “I did not understand that I had to respond to the Plaintiff's papers in five days…” Notice appears properly made to Plaintiff's attorney via voicemail. Authority and Analysis As to the motion for relief from default judgment, it must be made within a reasonable time, not to exceed six months, after t...
2024.01.31 Motion for Summary Judgment 541
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2024.01.31
Excerpt: ... be made at any time after the answer is filed upon giving five days notice.” (Code Civ. Proc., § 1170.7.) Castellanos served her pleadings in support of the motion on Friday, January 26, 2024, five days (three court days) ahead of the date set for hearing and for trial. Defendant's motion Castellanos contends plaintiff inaccurately stated the amount of rent due in his notice to pay rent or quit and that the notice was, therefore, defective. C...
2024.01.30 Demurrer 700
Location: Tulare
Judge: Roper, Glade
Hearing Date: 2024.01.30
Excerpt: ... attaches the Notice as Exhibit 2 and the proof of personal service on both Defendants as Exhibit 3. The Notice names the Defendants, states the address of the Subject Property, states an amount of rent due as $770, states the time, manner and place of payment of rent via Plaintiff's attorney and its office, provides three days to bring the rental amount current and is executed by the Plaintiff's trustee. The Notice was served personally on Decem...
2024.01.30 Motion to Set Aside Default Judgment 641
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2024.01.30
Excerpt: ...e County resulting in the deaths of plaintiff's wife, Elizabeth Montes Lopez Paola, and two young children, Jorge Arafat Alvarado Montes and Dorian Santino Alvarado Montes. In the initial complaint filed July 2, 2021, plaintiff sued Roberto Barron Vejar, the alleged driver of the vehicle involved in the accident; Adelmira Sanchez, who allegedly owned and entrusted the vehicle to Vejar; and fictitiously named “Doe” defendants “1 to 50.” On...
2024.01.30 Motion for Attorney Fees 218
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2024.01.30
Excerpt: ...intiffs presented the Subject Vehicle to GM's authorized repair facility on four (4) different occasions. Plaintiff filed this lawsuit in August 2020, alleging violations of the Song-Beverly Act, breach of express and implied warranties and fraud by omission. The matter resolved for $17,500 (the approximate amount equivalent to a repurchase under the Act) plus recovery of attorneys' fees and costs pursuant to this noticed motion. Plaintiff notes ...
2024.01.30 Motion for Judgment on the Pleadings 545
Location: Tulare
Judge: Roper, Glade
Hearing Date: 2024.01.30
Excerpt: ...he same evidentiary issues identified below, was made by Defendant on demurrer. The Court overruled the demurrer. Defendant answered the complaint on January 22, 2024. Defendant thereafter filed this motion for judgment on the pleadings. The complaint attaches a three day notice (“Notice”) (Exhibit 2) and proof of service thereof (Exhibit 3) that indicates service of the Notice was made to Defendant personally and by posting and mailing to th...
2024.01.29 Motion to Shorten Time Re Motion for Summary Judgment 562
Location: Tulare
Judge: Bianco, John P
Hearing Date: 2024.01.29
Excerpt: ...es is beyond the time prescribed for hearing and service under Code of Civil Procedure section 473c. Defendant seeks an order shortening time to permit Defendant to Þle and serve its motion by January 12, 2024 and for the hearing on to take place on March 18, 2024. Defendant seeks to shorten the 75- day notice period under Code of Civil Procedure section 473c(a). The moving declaration states: “Amazon respectfully requests an Order Shortening ...
2024.01.29 Motion to Continue Trial 427
Location: Tulare
Judge: Bianco, John P
Hearing Date: 2024.01.29
Excerpt: .... On January 20, 2023, the Court held a Case Management Conference in this action and set a trial date for November 6, 2023. First Application to Continue Trial On July 7, 2023, Plainti¯ Þled an ex parte application to continue trial. The basis for this Þrst application appears to center on extensions in May 2023 for discovery responses by Defendants Magana and Camacho. Additionally, “Plainti¯'s learned defense counsel had encountered sig...
2024.01.29 Motion for Summary Judgment, Adjudication 251
Location: Tulare
Judge: Bianco, John P
Hearing Date: 2024.01.29
Excerpt: ...ication was Þled by Anthony Longabordo on October 16, 2023. The Court's Þle contains no other opposition to this motion. The Court's Þle contains a reply timely Þled January 3, 2024, and objections to the declaration of Longabardo declaration Þled January 5, 2024. Material Facts The complaint initially Þled in Case No. VCU285270 by Plainti¯ PaciÞc Properties Sales & Management, Inc. seeks declaratory relief based upon a written document ...
2024.01.29 Motion for Coordination 895
Location: Tulare
Judge: Bianco, John P
Hearing Date: 2024.01.29
Excerpt: ...luding this complaint, at least two others have been Þled in Tulare County under Case No. VCU297757 (Plainti¯ Fernando Murillo), and Case No. VCU296678 (Plainti¯ Satnam Singh.) (Initial Declaration of Waghalter ¶2.) Additionally, another Plainti¯, Rebecca McCormick, has Þled a lawsuit regarding the above incident in Los Angeles County, under Case No. 23SMCV04034 (the Los Angeles Action.) (Initial Declaration of Waghalter ¶2.) Defendant,...
2024.01.29 Demurrer 265
Location: Tulare
Judge: Bianco, John P
Hearing Date: 2024.01.29
Excerpt: ...urth cause of action. Facts Plainti¯ Rosa Madrid “individually and as representative of the ESTATE OF FRANCISCO PONCE, JR. and the heirs of the ESTATE OF FRANCISCO PONCE, JR” Þled this complaint on April 5, 2023, as to the treatment and death of her son while in custody as a prisoner. (Complaint ¶5.) Plainti¯ alleges the following causes of action: 1. Deliberate Indi¯erence to Serious Safety Needs - 8th and 14th Amendment (42 U.S.C. �...
2024.01.29 Application to Set Aside Stipulation 729
Location: Tulare
Judge: Bianco, John P
Hearing Date: 2024.01.29
Excerpt: ...fendant to pay $6,000 by January 8, 2024, $1,000 by January 12, 2024, $5,200 by February 3, 2024, $423.50 by February 28, 2024 and $423.50 by March 30, 2024. Defendant also agreed to pay March 2024 rent when due. On January 11, 2024, Defendant Þled this ex parte motion to “set aside default.” The motion appears to seek to set aside the stipulation. Defendant states, “didn't thoroughly understand” and appears to indicate that some payment...
2024.01.25 Motion for Attorney Fees 921
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2024.01.25
Excerpt: ...aintiffs presented the Subject Vehicle to GM's authorized repair facility on three (3) different occasions. Plaintiff filed this lawsuit in June 2020, alleging violations of the Song-Beverly Act, breach of express and implied warranties and fraud by omission. The matter resolved via settlement and Plaintiffs move for recovery of attorneys' fees and costs pursuant to this noticed moton. Plaintiff notes that it engaged in what the Court considers t...
2024.01.25 Motion to Compel Arbitration 866
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2024.01.25
Excerpt: ...ms pending arbitration. Background Facts In this matter, Plaintiff, on behalf of himself and other persons similarly situated, brings various causes of action for violations of California's Labor Code and unfair competition laws on a class wide basis, and for violations of the Private Attorneys General Act (PAGA). Plaintiff has named as defendants Shannon Bros. Co and SBC U)gistics, Inc. Defendants, collectively, move for an order compelling arbi...
2024.01.25 Motion to Dismiss for Failure to File Amended Complaint, to Expunge Lis Pendens 822
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2024.01.25
Excerpt: ... the hearing were made by either party and the Court sent notice of its ruling by mail the same day. On December 7, 2023, Defendant moved this Court ex parte to dismiss the matter for failing to timely amend the complaint. The Court then set this matter for noticed moton on January 4, 2024 date. The Court then continued the matter to this date and is hearing this motion simultaneously with the moton to expunge lis pendens. Defendant states that t...
2024.01.25 Motion to Strike 642
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2024.01.25
Excerpt: ...in the performance of certain dental implant treatment. As to the third cause of action for fraudulent misrepresentation, Plaintiff seeks "reasonable attorneys' fees and costs" and on all causes of action "for attorneys' fees authorized by law." The first amended complaint also states: "14. The actions of Defendant Redwood Family Dentistry and its associated dentists, particularly Dr. Jessy Malli, D.D.S., constitute a clear violation of the Calif...
2024.01.25 Motion to Enforce Settlement 164
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2024.01.25
Excerpt: ... schedule: Defendant agrees to pay Plaintiff a minimum of $200.00 due on or before 5/31/2023, then a minimum of $200.00 due by the 30th day of each and every month thereafter beginning 6/30/2023, until Defendant has paid the total judgment amount. The stipulation also prov-des that Defendant agrees to pay any first appearance fee should Plaintiff file the stipulation. The stipulation does not provide for any other costs. Defendant made two initia...
2024.01.23 Motion for Attorney Fees 218
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2024.01.23
Excerpt: ...d the Subject Vehicle to GM's authorized repair facility on four (4) different occasions. Plaintiff filed this lawsuit in August 2020, alleging violations of the Song-Beverly Act, breach of express and implied warranties and fraud by omission. The matter resolved for $17,500 (the approximate amount equivalent to a repurchase under the Act) plus recovery of attorneys' fees and costs pursuant to this noticed motion. Plaintiff notes that it engaged ...
2024.01.22 Motion to Dismiss 385
Location: Tulare
Judge: Bianco, John P
Hearing Date: 2024.01.22
Excerpt: ...of filing, was represented by counsel and is the only remaining Plaintiff. The Court, on December 4, 2023, entered an order granting withdrawal by Plaintiff Marcelino's now former counsel. The underlying basis for the withdrawal was that former counsel had lost contact with Plaintiff Marcelino, that efforts, including the use of a private investigator, revealed that Plaintiff Marcelino has likely left the country. The last known address was "1684...
2024.01.22 Motion for Relief from Denying Motion for Summary Judgment 251
Location: Tulare
Judge: Bianco, John P
Hearing Date: 2024.01.22
Excerpt: ...ack of a reply brief) the day before, January 7, 2024. Pursuant to the rules noted above and the Court's website, "any party opposed to the tentative ruling must notify the court and other parties by 4:00 p.m. today of their intention to appear for oral argument." The Court did not receive a timely request for oral argument from Defendant. The Court received a request for oral argument at 4:54 pm on Friday, January 5, 2024 from Defendant. The Cou...
2024.01.22 Motion for Judgment on the Pleadings 042
Location: Tulare
Judge: Bianco, John P
Hearing Date: 2024.01.22
Excerpt: ...his Court to deem admitted requests for admissions, set one, numbers 1 through 11. On October 30, 2023, the Court adopted its tentative ruling, deeming admitted the truth of each matter specified in requests for admissions numbers 1 through 9. These requests, now admitted, are as follows: "1. Arnulfo Jimenez had a credit account number 1531. 2. Credit account number 1531 was issued to Arnulfo Jimenez by SYNCHRONY BANK. 3. Arnulfo Jimenez received...
2024.01.18 Motion to File Amended Complaint 358
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2024.01.18
Excerpt: ... modify all references to 1981 to "from 1984 to 1986." Plaintiff states that upon review of her foster care records, it was discovered that Plaintiff was a dependent of Defendants from 1984 to 1986 and Plaintiff was placed by Defendants in a foster care home located in the County of Tulare in 1984. (Declaration of Kelly 96.) However, the Court has never authorized the substitution of the fictious name Doe 1 for the true name of Doe 1. The Court's...
2024.01.18 Motion for Judgment on the Pleadings 545
Location: Tulare
Judge: Roper, Glade
Hearing Date: 2024.01.18
Excerpt: ...e basis of an improperly served three day noŸce. The Court, on January 9, 2024, overruled the demurrer and expressly ordered Defendant to Þle an answer no later than Þve days from the date of the hearing. Instead, Defendant, on January 11, 2024, Þled an unŸmely moŸon for judgment on the pleadings in contravenŸon of the Code of Civil Procedure and this Court's order. Code of Civil Procedure secŸon 438(f)(2) authorizes the Þling of a ...
2024.01.18 Motion for Final Approval of Class Action and PAGA Settlement, Attorney Fees 012
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2024.01.18
Excerpt: ...ass action and PAGA settlement, attorneys' fees, costs, enhancement award, LWDA payment and class certification for settlement purposes came on for hearing on January 18, 2024. The court finds and rules as follows: On July 18, 2023, the settlement administrator, IYLM, received a mailing list of 276 potential class members from Defendant's counsel with names, contact information, social security numbers and relevant employment information. This in...
2024.01.16 Petition for Relief from Government Claims Presentation 121
Location: Tulare
Judge: Roper, Glade
Hearing Date: 2024.01.16
Excerpt: ...l malpractice that accrued August 16, 2022. The petition states that on August 16, 2023, Petitioner applied to Defendants Sierra View Local Health Care District, Tulare County, City of Porterville, and State of California for permission to file a late claim under Government Code section 911.4. No presentation of claim had occurred as to any Defendant under Government Code secton 911.2. The City of Porterville denied the application on September 6...
2024.01.10 Motion for Judgment on the Pleadings 541
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2024.01.10
Excerpt: ...e Subject Property's prior owner. (Complaint he complaint then alleges that Plaintiff purchased the Subject Propertyon March 3, 2023, and that "The defendant signed a rental agreement with a rent amount of $975.00 per month." (Complaint 96.) The complaint thereafter attaches a written lease agreement dated July 1, 2023. (Complaint — Ex. 1.) Defendant Castellanos argues that the complaint is rendered uncertain by pleading that the agreement to r...
2024.01.09 Motion to Compel Arbitration 220
Location: Tulare
Judge: Roper, Glade
Hearing Date: 2024.01.09
Excerpt: ...alifornia, LLC and Providence Group, Inc. for negligence, elder abuse, violation of the Health and Safety Code section 1430(b) and wrongful death. On or about March 21, 2023, Decedent was admitted as a resident at a skilled nursing facility operated by Defendants for multiple medical conditions. (Complaint 913.) The complaint further alleges that Decedent suffered a fall at the facility on April 5, 2023, which in turn caused a leg wound that deve...
2024.01.09 Demurrer 296
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2024.01.09
Excerpt: ...but a different date of birth. (Complaint — Attachment.) Plaintiff alleges he tested positive for COVID-19 on July 20, 2022 and was sick for approximately 14 days. (Complaint — Attachment.) Plaintiff names the Deputy District Attorney, Kalina Laleva, as the sole defendant in this matter, alleging that Defendant Laleva, was the prosecuting attorney who caused the transfer to occur. (Complaint — Attachment.) Plaintiff's form complaint checks ...
2024.01.09 Demurrer 545
Location: Tulare
Judge: Roper, Glade
Hearing Date: 2024.01.09
Excerpt: ...roof of service thereof (Exhibit 3) that indicates service of the Notice was made to Defendant personally and by posting and mailing to the address of the Subject Property. Defendant demurrers on the basis that he does not receive mail at the Subject Property address and therefore did not receive proper service of the Notice on which this complaint is based. However, this factual issue regarding receipt of mail is supported by a declaration of De...
2024.01.09 Motion to Quash 199
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2024.01.09
Excerpt: ...f Police of Visalia Police Department. The subpoena seeks documents produced on November 15, 2023 to Plaintiff as deposition offcer. The subpoena is directed to Defendant Fahoum personally. The subpoena seeks: "Any and All documents that refer to, relate to or reference the employment of Luma Fahoum with Visalia Police Department including but not limited to her personal file, payroll records, contract, agreements, emails, medical record, benefit...
2024.01.09 Motion to Compel Arbitration 899
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2024.01.09
Excerpt: ...ffirmative defense. Defendant seeks to compel arbitration based upon an arbitration agreement that appears to be part of Plaintiff's onboarding upon hiring. "On petition of a party to an arbitration agreement alleging the existence of a written agreement to arbitrate a controversy and that a party thereto refuses to arbitrate such controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines th...
2024.01.09 Motion to Compel Initial Responses, for Sanctions 961
Location: Tulare
Judge: Roper, Glade
Hearing Date: 2024.01.09
Excerpt: ...023, served Form Interrogatories — General, Set One, Form Interrogatories — unlawful Detainer, Set One, and Requests for Admission, Set One on Defendant Tovar via overnight delivery. No responses have been received as of the date of filing of this motion. Trial (and this motion) was initially set for January 2, 2024. Defendant was served personally with this moton pursuant to the filed proof of service. 80th trial and this motion were continu...
2024.01.09 Motion to Strike 219
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2024.01.09
Excerpt: ...serve the amended answer and file a proof of service thereof pursuant to Code of Civil Procedure. (2) To grant the moton with leave to amend; Cross-complainant Ernestine shall have ten (10) days to file an amended cross-complaint addressing the issues noted below; Ernestine is further ordered to serve the amended cross-complaint and file a proof of service thereof pursuant to Code of Civil Procedure. (3) To grant the motion with leave to amend; C...
2024.01.08 Motion to Set Aside or Vacate Renewal of Judgment 696
Location: Tulare
Judge: Bianco, John P
Hearing Date: 2024.01.08
Excerpt: ...lawful detainer statutory scheme and then later amended and entered on January 26, 2015, to include past due rent, holdover damages, attorneys' fee and costs in the amount of $5,212.20. On May 7, 2015, a claim of exemption hearing was held regarding garnishment of Defendant's wages capped at $150 per month and attended, in person by Defendant. Evidently, the money judgment went unsatisfied. On March 28, 2023, Plaintiff filed an application to ren...
2024.01.08 Motion for Summary Judgment, Adjudication 251
Location: Tulare
Judge: Bianco, John P
Hearing Date: 2024.01.08
Excerpt: ...by Anthony Longabordo on October 16, 2023. The Court's file contains no other opposition to this motion. The Court's file contains no reply brief. Material Facts The complaint initially filed in Case No. VCU285270 by Plaintiff Pacific Properties Sales & Management, Inc. seeks declaratory relief based upon a written document attached as Exhibit A to the complaint (the "Purported Lease.") (UMF Nos. 1, 2.) The real property to be conveyed under the ...
2024.01.08 Motion for Preliminary Approval 978
Location: Tulare
Judge: Bianco, John P
Hearing Date: 2024.01.08
Excerpt: ...y to calculate the lodestar figure and information as to the presently incurred costs. Such supplemental documents were filed December 22, 2023. Class Notice The settlement agreement provides no claim form will be required of class members to participate in distributions. Only those wishing to object or opt out must file notce with the settlement administrator. Objections or opt-out notices are to now to be made within 60 days. The Court regularl...
2024.01.08 Motion for Judgment on the Pleadings 042
Location: Tulare
Judge: Bianco, John P
Hearing Date: 2024.01.08
Excerpt: ... to deem admitted requests for admissions, set one, numbers 1 through 11. On October 30, 2023, the Court adopted its tentative ruling, deeming admitted the truth of each matter specified in requests for admissions numbers 1 through 9. These requests, now admitted, are as follows: "1. Arnulfo Jimenez had a credit account number 1531. 2. Credit account number 1531 was issued to Arnulfo Jimenez by SYNCHRONY BANK. 3. Arnulfo Jimenez received periodic...
2024.01.08 Demurrer 497
Location: Tulare
Judge: Bianco, John P
Hearing Date: 2024.01.08
Excerpt: ...lt Pretrial Facility. Plaintiff seeks $888 billion dollars in compensatory damages as well as a number of requests for injunctive relief to providing clean drinking water, firing certain employees, and other relief. Defendants demurrer on the basis that the complaint fails to allege compliance with the presentation requirements of the tort claims act and that they are immune under Government Code section 844.6. Authority and Analysis The purpose ...
2024.01.04 Demurrer, Motion to Strike 992
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2024.01.04
Excerpt: ...") was purchased from GM's authorized dealer. (Third Amended Complaint ("TAC") Plaintiff further alleges the Subject Vehicle was manufactured with a defective transmission. (TAC 923.) "GM knew since prior to Plaintiff purchasing the Subject Vehicle, that the 2021 Chevrolet Silverado 1500 vehicles equipped with the same transmission are defective, contained one or more defect(s) to the transmission which may result in hesitation on acceleration, l...
2024.01.04 Motion for Assignment Order Re Coordination
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2024.01.04
Excerpt: ...tion 404 and rule 3.524, to determine if the two matters are complex and, if so, whether coordination is appropriate. The operative complaint in the first case filed, Mitchell v. Ray A. Morgan Company, LLC, et al., VCU292052 (the "Mitchell Case"), filed November 17, 2021, contained both class acton and PAGA claims and was initially filed in Los Angeles County and designated complex by the Los Angeles Superior Court. The parties in this matter sti...
2024.01.04 Motion to Set Aside Entry of Default 858
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2024.01.04
Excerpt: ...days from the date of this hearing. This is a collections case filed by Plaintiff for open book account against Defendant Bohde. Plaintiff filed a proof of service indicating personal service occurred on April 1, 2023 as to Defendant Bohde. Default was entered May 22, 2023. Default judgment was entered October 2, 2023. On November 13, 2023, Defendant, through counsel, filed this motion for relief from default judgment. Counsel has filed a declara...
2024.01.03 Motion to Vacate Judgment After Trial, Stay Execution of Judgment 985
Location: Tulare
Judge: Roper, Glade
Hearing Date: 2024.01.03
Excerpt: ...3 and provided the address of "30990 Hwy 190 Porterville, CA 93257" which appears to be the same address of the property at issue in this matter "30990 Highway 190, White Cabin, Porterville, CA 93257." The Court held trial on December 12, 2023 and granted judgment for possession and $3,675 for Plaintiff. Defendant did not appear at trial. The writ of executon was issued on December 12, 2023. Defendant Cribbs states brings this motion under Civil ...
2024.01.02 Motion to Set Aside Default Judgment 404
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2024.01.02
Excerpt: ...fendant Karadjian indicating he was served with the summons, complaint and civil case cover sheet on June 1, 2022 at 1:51 pm at 480 N. Vermont Ave, Dinuba, CA and indicating a registered process served Defendant Karadjian. The Court also notes service by the same process server, at the same time and location, on Defendant Karadjian as the agent for service of process and corporate director of Defendant Gold Mountain Packing, Inc. filed on August ...
2024.01.02 Motion to Permit Filing of Concise Outlines in Lieu of Separate Statements 835
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2024.01.02
Excerpt: ...e appointment of a shared cost discovery referee. This is a wrongful death and negligence case involving a pedestrian being struck by a motor vehicle operated by Defendant Santana. On November 29, 2023, Defendant City of Dinuba filed an ex parte application seeking permission to file concise statements of disputed discovery as to four (4) anticipated motions to compel further discovery served on Plaintiffs. The Court set this motion for hearing. ...
2024.01.02 Motion to Compel Initial Responses, Deem RFAs Admitted 961
Location: Tulare
Judge: Roper, Glade
Hearing Date: 2024.01.02
Excerpt: ...ne on Defendant Tovar via overnight delivery. This motion was filed December 28, 2023. No responses has been received as of the date of filing of this moton. Trial is set for January 2, 2024. Defendant was served personally with this moton pursuant to the filed proof of service. Authority and Analysis Responses to interrogatories and requests for admissions are due within five days after service. (Code Civ. Proc. SS 2030.260(b), 2033.250(b).) Ser...
2023.12.28 Motion for Trial Preference 701
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.12.28
Excerpt: ...for trial preference under Code of Civil Procedure section 36 and initially sought to have trial set in six months from this hearing. No opposition has been filed to this motion. The reply now indicates the preferred trial date is in August 2024. Authority and Analysis Code of Civil Procedure section 36(b) specifically provides: "A civil achon to recover damages for wrongful death or personal injury shall be entitled to preference upon the motion...
2023.12.28 Demurrer 817
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.12.28
Excerpt: ...ally, no statement of compliance with Tort Claims Act as to the timely presentation of this presumed tort claim has been stated on the form complaint utilized. Defendant has demurred to the complaint on these grounds. Authority and Analysis The purpose of a demurrer is to test whether a complaint "states facts sufficient to constitute a cause of action upon which relief may be based." (Young v. Gannon (2002) 97 Cal.App.4th 209, 220. To state a ca...
2023.12.22 Motion to Withdraw, for Removal as Attorney of Record 272
Location: Tulare
Judge: Bianco, John P
Hearing Date: 2023.12.22
Excerpt: .... Nelson were substituted as counsel June 19, 2017. Parties appeared on July 27, 2017. Petitioner's counsel sought a continuance of the petition, which the Court denied and took the matter off calendar. Since that appearance, no action has been taken on this matter. On October 30, 2023, the Court set an OSC re: lack of prosecution and for sanctions addressed to: "ANGELICA ANGUIANO LAW OFFICES OF MARK S. NELSON 215 MCHENRY AVE MODESTO, CA 95355" C...
2023.12.18 Motion to Compel Production of Docs 752
Location: Tulare
Judge: Bianco, John P
Hearing Date: 2023.12.18
Excerpt: ...on's (Boston) moton for a protective order concerning this same subpoena. The court deemed Boston's request for an absolute bar against further discovery overbroad. Because the background of this discovery dispute was covered during the prior motion, it is not fully recounted again here. With the motion now at issue, the court is occasioned to determine a significantly narrower matter than the blanket discovery bar presented by Boston's motion. H...
2023.12.14 Motion for Summary Judgment 240
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.12.14
Excerpt: ...(IJMF No. 2.) Plaintiff alleges Defendant breached the standard of care in (1) his treatment of Plaintiff by refusing to admit her when she presented to the emergency department; (2) in his treatment of her when she was admitted; (3) by refusing to care for her after she was admitted; and (4) when he discharged her after concluding treatment. (IJMF No. 3.) Defendant submits that his expert, Scott P. Serden, M.D, based on his knowledge, education,...
2023.12.12 Motion for Preliminary Approval of PAGA and Class Action Settlement 400
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.12.12
Excerpt: ... and information as to the presently incurred costs. On December 1, 2023, Plaintiff's counsel filed additional declarations as to these issues. Attorneys' Fees and Costs Attorneys' fees of 35% of the gross settlement fund of $585,000 or $204,750 and costs not to exceed $20,000 are sought by Plaintiff's counsel. Counsel has utilized the percentage of common fund methodology as well as provided adequate lodestar information to evaluate the reasonab...
2023.12.12 Motion for Summary Judgment 542
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.12.12
Excerpt: ...matter pursuant to this continuance. Undisputed Material Facts Plaintiffs April Franks, Gary Franks, Jr., and Jessica Alvarez ("Plaintiffs") allege Defendants Julia Nagle, P.A. and CEP America-California ("Defendants") provided negligent medical care to Plaintiffs' decedent, Gary Franks, Sr., after he fell and hit his head at home, by failing to timely diagnose and treat a subdural hematoma when he presented to Kaweah Health Medical Center on Jan...
2023.12.12 Motion to File Complaint 312
Location: Tulare
Judge: Roper, Glade
Hearing Date: 2023.12.12
Excerpt: ...mplaint for negligence involving a motor vehicle accident between Plaintiffs and Defendants Kelley and T & T Trucking and Crane (really Offshore Crane and Service Co. dba T&T Truck and Crane Service.) Plaintiffs allege that Defendant Kelley operated a tractor trailer owned by Defendant Offshore which crossed into Plaintiffs' lane too close to Plaintiffs and without suffic:ient speed or acceleration, causing Plaintiffs to steer their vehicle to th...
2023.12.12 Special Motion to Strike 093
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.12.12
Excerpt: ... involve litigation of custody and visitation involving their two minor children. The court takes judicial notice that there has been substantial litigation activity in the family law case. Jonda and Jennifer Salmon were once long-time friends. Now they are not. Jennifer Salmon and Vernon Avila are now friends. On April 21, 2023, Jonda wentto Vernon's home and Jennifer was there. Jonda maintains that Vernon had refused to take their children to s...
2023.12.11 Motion to Stay Writ of Possession 140
Location: Tulare
Judge: Bianco, John P
Hearing Date: 2023.12.11
Excerpt: ...herein judgment was entered for possession only. The writ of possession was issued December 5, 2023. Defendant, on December 7, 2023, filed this ex parte motion to stay the execution of the writ of possession. Defendant states, as to hardship, one son living with her, zero monthly income (employment pending) and appears to state that she did not receive notice of the trial because the landlord has locked her mail and that she was in the hospital f...
2023.12.11 Motion for Coordination and Transfer of Case 895
Location: Tulare
Judge: Bianco, John P
Hearing Date: 2023.12.11
Excerpt: ...ornia. There were approximately 36 passengers on the bus. Including this complaint, at least two others have been filed in Tulare County under Case No. VCLJ297757 (Plaintiff Fernando Murillo), and Case No. VCU295678 (Plaintiff Satnam Singh.). (Declaration of Waghalter 92.) Additionally, another Plaintiff, Rebecca McCormick, has filed a lawsuit regarding the above incident in Los Angeles County, under Case No. 23SMCV04034 (the Los Angeles Action.)...
2023.12.11 Motion for Attorney Fees 798
Location: Tulare
Judge: Bianco, John P
Hearing Date: 2023.12.11
Excerpt: ...; (ii) failure to provide meal periods and paid rest breaks; (iii) failure to pay all overtime hours worked; (iv) failure to timely pay wages; (v) failure to provide accurate itemized wage statements; (vi) unfair competition; and (vii) willful misclassification. On March 7, 2022, an amended complaint was filed adding Plaintiff Gonzalo Silva as a party, but leaving unchanged the allegation that the wage and hour violations occurred when CVT had pl...
2023.12.07 Motion for Final Approval of Class Action and PAGA Settlement 498
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.12.07
Excerpt: ...ent purposes came on for hearing on December 7, 2023. The Court finds and rules as follows: On November 13, 2023, the settlement administrator IYLM Group, through its Case Manager, filed a declaration detailing the following events. On June 30, 2023, the administrator received a mailing list of 157 potential class members from Defendant's counsel with names, contact information, social security numbers and relevant employment information. On Augu...
2023.12.07 Demurrer, Motion to Strike Punitive Damages 930
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.12.07
Excerpt: ... located at 1114 Martin Luther King Jr Ave., Unit 1114B, Tulare, California 93274 ("Subject Property") resulting in a bed bug infestation. Plaintiffs allege eight causes of action, including, relevant here, the seventh cause of action for violation of Business and Professions Code 17200 and for punitive damages. The complaint alleges that around December 2022, Plaintiffs rented and moved into the Subject Property and immediately notified Defendan...
2023.12.05 Motion to Compel Deposition 877
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.12.05
Excerpt: ...ation of Labor Code section 6310. On May 10, 2023 and June 5, 2023, Defendant communicated with Plaintiff, through counsel, as to Plaintiff's availability for deposition. No response as to Plaintiff's availability for deposition was received. On August 10, 2023, Plaintiff was served with a notice of deposition, setting the deposition September 13, 2023 at 9:00 am. Plaintiff's response indicated a lack of availability for that date and a request t...
2023.12.05 Motion to Compel Arbitration 239
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.12.05
Excerpt: ...ngs, LLC dba Westgate Gardens Care Center ("Defendant Westgate") and Providence Administrative Consulting Services, Inc.'s ("Defendant Providence") skilled nursing facility. Plaintiff David Jones, through Linda, brings a causes of achon for violation of the Elder and Dependent Adult Civil Protection Act, for negligence and willful misconduct, and for violation of the Patent's Bill of Rights. Plaintiffs Linda and Lindsay Jones individually bring a...
2023.12.05 Motion for Summary Judgment 016
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.12.05
Excerpt: ...of care, these moving defendants also argue that Plaintiff added them to this achon beyond the permissible statute of limitations under Code of Civil Procedure section 340.5. Material Facts On March 24, 2022, Plaintiff filed her Complaint in Tulare County Superior Court alleging one cause of action for Negligence against Adventist Health Tulare; Matthew Tate, P.A.; and William R. Burge, M.D. (Undisputed Material Fact ("UMF") Nos. 1:1, 1:15.) (The...
2023.12.05 Motion for Leave to Amend, to Strike 300
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.12.05
Excerpt: ...departments and employees as defendants (collectively, the "State Defendants") in the First Amended Complaint: 1. The Department of Justice (DO]), Attorney General Rob Bonta, Supervising Deputy Attorney General (SDAG) Andrew Steinheimer and Deputy Attorney General (DAG) Anahita Crawford; 2. The Medical Board of California (Medical Board or MBC); 3. The Department of Consumer Affairs (DCA), Investigator Ryan Blonein and Investigator Jorrell Abutin...
2023.12.05 Demurrer 379
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.12.05
Excerpt: ... and Golden Valley Properties, Dina Flores and Luis Flores (collectively "Flores" ) The Flores demurrer to each cause of achon for failure allege suffcient facts to state a cause of action and for uncertainty. The Woods filed a demurrer joining the Flores demurrer. Second through Tenth Causes of Action Though Defendants collectively demurrer to all ten causes of action in Flores' notice of demurrer, the Court notes at the outset that Defendants F...

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