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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...
2023.12.04 Motion for Preliminary Approval of Class Action and PAGA Settlement 978
Location: Tulare
Judge: Bianco, John P
Hearing Date: 2023.12.04
Excerpt: ...posed Class Members, providing an average proposed payout of The Class Members consist of: All current and former nonexempt California employees of Saputo employed at any tme from May 27, 2015 through and including March 30, 2023. On May 27, 2020, Plaintiff filed a class action against Saputo. This case was removed July 24, 2020. On August 5, 2020, Plaintiff filed a PAGA action which was stayed pending resolution of the class acton. (Case No. VCU...
2023.12.04 Demurrer to SAC 115
Location: Tulare
Judge: Bianco, John P
Hearing Date: 2023.12.04
Excerpt: ...2.112. On July 14, 2023, Plaintiff filed the First Amended Complaint alleging two tort-based causes of action against Defendants, and alleging that Plaintiff had filed a simple "complaint form" with the Farmersville Police Department in 2021 in satisfaction of the tort claims presentation requirement. The Court again sustained Defendant's demurrer with leave to amend to permit pleading compliance with the presentation of tort claims requirements....
2023.12.04 Demurrer 765
Location: Tulare
Judge: Bianco, John P
Hearing Date: 2023.12.04
Excerpt: ...y 2CM, she and her husband obtained a $39,998.78 loan (the "Loan") from lender Assoc:iates Financial Services Company of California, Inc. (Complaint '1 9.) The terms of the Loan are set forth in a Promissory Note ("Note"), and repayment of the Loan is secured by a Deed of Trust (the "DOT") recorded against the Property located at 119 N. Orange Avenue, Exeter, California (the "Property"). (Complaint at Ex. A) In connection with the Loan and DOT, P...
2023.11.30 Motion for Summary Judgment 240
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.11.30
Excerpt: ...rs employees and servants, including the nursing staff and technicians; and (2) vicarious liability forthe negligence of the physicians who provided care to Plaintiff at Sierra View Medical Center. Plaintiff alleges medical malpractice as to the December 5, 2021 failure to remove ectopic pregnancy and follow up care and on December 7, 2021 as to the initial refusal to admit Plaintiff to the emergency room and breach of standard of care when Plain...
2023.11.30 Motion for Approval of Representative PAGA Settlement 878
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.11.30
Excerpt: ...he Court ordered Plaintiff's individual PAGA claims to arbitration and stayed this matter as to Plaintiff's representative PAGA claims. The parties settled Plaintiff's individual PAGA claims in a separate settlement not contingent upon this action. This settlement is to Plaintiff's representative PAGA claims and, if approved, will resolve all claims in this lawsuit. 1. Sufficiency of Amount of Settlement (Proposed Net Distribution: $135,666.67) T...
2023.11.30 Demurrer, Motion to Strike 642
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.11.30
Excerpt: ...rike punitive damages under the prayer related to medical malpractice without leave to amend; to find the availability of attorneys' fees as to fraud moot by the ruling on the demurrer providing leave to amend; to grant the motion to strike as to "attorney's fees as authorized by law" without leave to amend as to "all causes of action." (1) Demurrer Plaintiff, alleges moving Defendants Redwood Family Dentistry and Jasjeet S. Malli, D.D.S. were pr...
2023.11.28 Motion to Compel Deposition of PMK, Production of Docs, for Sanctions 829
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.11.28
Excerpt: ...ved Plaintiffs with full and complete responses and objections to their Deposition Notice. GM specifically objected to the notce on grounds that the date of August 29, 2022, had passed. Despite GM's objections, GM agreed to a PMQ for deposition as to Category Nos. 1-2, subject to certain terms, at a mutually agreeable time and place. GM further identified and referred Plaintiffs to the documents which were produced to Plaintiffs in response to th...
2023.11.28 Motion for Relief from Dismissal 217
Location: Tulare
Judge: Roper, Glade
Hearing Date: 2023.11.28
Excerpt: .... Plaintiffs filed this matter April 7, 2022. Defendants filed an answer December 2, 2022. Despite Plaintiffs' filing of a case management statement on February 27, 2023 as to the case management conference March 14, 2023, Plaintiffs counsel failed to appear at that case management conference. Therefore, the Court set an order to show cause as to dismissal for May 2, 2023 and continued the case management conference to that date. On May 2, 2023, ...
2023.11.28 Demurrer to Amended Complaint, Motion to Strike 056
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.11.28
Excerpt: ...aintiffs shall have ten (10) days to file an amended complaint; (2) To grant the motion to strike as to 1, 2 (Paragraph 145), 7, 8, 9, 10; Plaintiffs shall have ten (10) days to file an amended complaint addressing these issues; to deny the motion to strike as to 2 (Paragraph 159), 3, 6, 11; to find the motion moot as to 4, 5 12. 13, 14 because of the ruling on demurrer permitting amendment to the causes of action involving these paragraphs. (1) ...
2023.11.27 Motion to Enforce Settlement 629
Location: Tulare
Judge: Bianco, John P
Hearing Date: 2023.11.27
Excerpt: ...en settlement agreement. Plaintiff signed the agreement on July 21, 2023. Defendant FCA signed the agreement, through its authorized representative on August 9, 2023. The terms of the settlement are as follows: FCA agreed to make payment to Plaintiff in the amount of $72,011.84; Payment in the amount of $55,457.12 to JPMorgan Chase Bank, N.A., in full satisfaction of the loan (as per the July 22, 2023 payoff); Any overage payments made by Plainti...
2023.11.27 Motion for Prejudgment Possession 890
Location: Tulare
Judge: Bianco, John P
Hearing Date: 2023.11.27
Excerpt: ... The parties have filed their supplemental briefs and the Court rules as follows. Pursuant to the complaint filed March 24, 2023, this is an action for eminent domain where the State, acting through the Department of Transportation ("Plaintiff") seeks to acquire 2.56 acres of the 53.29 acres making up Parcel 88193-1 (the "Taking"). On October 13, 2022, at a meeting held in Sacramento, the California Transportation Commission passed and adopted Re...
2023.11.22 Motion for New Trial 375
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.11.22
Excerpt: ...dgment nunc pro tunc for costs in favor of Defendant in the amount of $103,980. On September 11, 2023, the judgment entered August 29, 2023, was served on Plaintiff. On September 26, 2023, Plaintiff filed the notice of intent for new trial. On October 6, 2023, Plaintiff filed the motion for new trial. Though the grounds on which this motion is made are more thoroughly discussed below, Plaintiff asserts generally that the Court's conduct, comments...
2023.11.21 Motion to Enter Judgment 272
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.11.21
Excerpt: ...y 24, 2023, the parties entered into a stipulation to resolve this matter. Defendant acknowledged being obligated to Plaintiff for the principal amount of 7,370.42 and costs of $225.00 and that this amount would be deemed satisfied if the following payments were made: The sum of $461.00 due on or before February 16, 2023, a minimum of I,CM.IW due on or before March 15, 2023, a minimum of $461.[n due on or before the 15th day of each month beginni...
2023.11.21 Motion to Compel Production of Docs 199
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.11.21
Excerpt: ...nd McDonalds. Tentative Ruling: (1), (2) and (3) —To deny the motions Facts Common to (1) and (2) The Court notes, as an initial matter, that one notice appeared filed in connection with these motions states it is an "application for order to show cause for contempt of court order" by non-parties Tulare County Health and Human Services Subpoena and Altura Centers for Health. A second notice indicates a motion to compel production of documents a...
2023.11.21 Motion for Preliminary Approval of Class Action and PAGA Settlement 400
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.11.21
Excerpt: ... $312,750) The gross settlement amount is $585,000. Plaintiff estimates approximately 157 proposed Class Members, providing an estimated average payout of $1,992.04 per member. The Class Members consist of: "All current and former hourly-paid, non-exempt employees of Defendant who were employed by Defendant in the State of California at any time during the period from September 16, 2018, to October 21, 2023. The operative complaint alleges causes...
2023.11.21 Motion for Leave to File Amended Complaint 155
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.11.21
Excerpt: ...efendant Kaweah Delta Health Care District's ("Defendant") entity status; (3) limits the claims alleged against Defendant to encompass only direct minimum wage claims under the California Labor Code ; and (4) adds facts related to Defendant's alleged failure to pay all minimum wages due. Plaintiff argues that Labor Code S 2699.3(a)(2)(C) grants Plaintiff the right to amend the complaint as to the above. Plaintiff further argues that Code of Civil...
2023.11.21 Demurrer 352
Location: Tulare
Judge: Bianco, John P
Hearing Date: 2023.11.21
Excerpt: ...93292 ("Subject Property"). The amended complaint indicates that Plaintiff and Defendant entered into a six-month, fixed term lease that expired. Plaintiff seeks, via this action, to evict a holdover tenant after the expiration of a fixed term "renewal lease agreement, commencing April 1, 2023 and ending September 30, 2023 pursuant to Cuie of Civil Procedure section 1161(1). Defendant demurrers to the amended complaint and argues that Plaintiff's...
2023.11.20 Motion to Compel Arbitration 835
Location: Tulare
Judge: Bianco, John P
Hearing Date: 2023.11.20
Excerpt: ...now seeks to compel arbitration under a clause in the written agreement entitled "ARBITRATION OF DISPUTES" No opposition to this motion has been filed. Facts — Agreement to Arbitrate and Scope It appears undisputed that the parties entered into the aforementioned construction that contains a section "ARBITRATION OF DISPUTES." That section states, in full, the following: ARBITRATION OF DISPUTES written agreement for NOTICE: BY SIGNING IN THE SPA...
2023.11.20 Motion for Preliminary Approval 467
Location: Tulare
Judge: Bianco, John P
Hearing Date: 2023.11.20
Excerpt: ...On November 2, 2023, Counsel for Plaintiff and Plaintiff provided a number of supplemental declarations which the Court has reviewed as indicated below. Notice The notice period, according to the revised settlement agreement is set at 60 days. The Court, therefore, approves the notice period of 60 days. Attorneys' Fees and Costs Attorneys' fees of 33 1/3% of the gross settlement fund of or $133A)O and costs not to exceed are sought by Plaintiffs'...
2023.11.16 Motion to Compel Arbitration 123
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.11.16
Excerpt: ... against Defendants Flores Ag Services, Inc. and S.C. Critchley Inc. Defendant Flores seeks to compel arbitration of Plaintiff, to enforce a class action waiver and to stay the representative PAGA claims pending the completion of arbitration. Defendant Critchley joins in this motion. Defendant, in their reply brief, has provided a version of the arbitration agreement at issue in English for the Court to review and analyze. Facts as to Agreement t...
2023.11.14 Motion to Compel Further Responses 933
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.11.14
Excerpt: ... vehicle suffered from the ongoing defects, which are widespread, but nevertheless refused to repurchase the vehicle, in willful violation of the Song Beverly Plaintiffs served Requests for Production of Documents, Set One, on GM on August 11, 2023. GM responded on or about September 1, 2023 with unverified responses and served verifications September 6, 2023. The parties appear to have met and conferred, with GM agreeing to produce supplemental ...
2023.11.14 Demurrer, Motion to Strike, to Disqualify Counsel, to Preserve 300
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.11.14
Excerpt: ...e motion; (4) To deny the motion. Background Facts Common to (1) and (2) The Court previously granted Dr. Cantrell's special motion to strike and sustained the demurrer with partial leave to amend. As to the Court's special motion to strike ruling, the Court struck causes of action for defamation in its entirety, medical malpractice (as relates to the sending of the small claims pleadings) discrimination (as it relates to the same), retaliation i...
2023.11.14 Application to Seal Records, Motion for Reconsideration to Seal Records 087
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.11.14
Excerpt: ...d to seal the petition. The Court denied Petitioner's request to seal. The Court's rejection of the order indicated a failure to present sufficient evidence under California Rule of Court, 2.550 of an overriding interest that overcomes the presumed right to public access. An amended application was filed October 18, 2023. Pettioner provides a declaration as to the following facts. Petitioner indicates she is transgender, began her first semester ...
2023.11.09 Demurrer, Motion to Expunge Lis Pendens 822
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.11.09
Excerpt: ...nded complaint; (2) To contnue the motion to expunge based on the demurrer ruling. On February 12, 2007, Plaintiffs executed a promissory note reflecting a loan they obtained from Mortgage Investment Leding Associates, Inc./MERS for $25,500.00 ("Loan"). (Request for Judicial Notce ("RJN"), Exhibit A.) The Loan was secured by a second position junior Deed of Trust ("DOT") encumbering the real property commonly known as 1915 Payan Avenue, Dinuba, C...
2023.11.09 Motion for Summary Judgment 320
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.11.09
Excerpt: ...World Food & Ag., Inc. and seeks to impose liability against individual defendants Brian Blain, Brody Blain, and Barrett Blain (the Blains) on an alter-ego/veil-piercing theory. The Blains move for summary judgment, or, alternatively, summary adjudication of various matters. In effect, the Blains challenge the City's alter-ego/veil-piercing theory of liability, as it is only by way of that theory that the City's complaint frames any issue of liab...
2023.11.07 Motion to Stay 706
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.11.07
Excerpt: ...parable injury in that Defendant resides in the home that Plaintiff seeks to utilize satisfy the judgment, Defendant has numerous animals living on the property, has no other place to live, and lives on social security and food stamps. Defendant seeks a stay under Code of Civil Procedure sections 1176 and 916 and California Rules of Court Rule 8.112 and 8.116. Plaintiff opposes the motion, indicating that even if Defendant is entitled to a stay, ...
2023.11.07 Motion for Reconsideration of Designation as Vexatious Litigant 508
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.11.07
Excerpt: ... action, claim, controversy, or any of the issues of fact or law, determined or concluded by the final determination against the same defendant as to whom the litigation was finally determined. This determination was based upon Plaintiff's filing of the present case, VCU296508, involving allegations Plaintiff being assaulted by Tulare County Sheriffs while in custody on February 27, 2011. However, Plaintiff's claims have been finally adjudicated ...
2023.11.06 Motion to Set Aside or Vacate Default Judgment 082
Location: Tulare
Judge: Bianco, John P
Hearing Date: 2023.11.06
Excerpt: ...y Citibank, who charged off the amount stated herein. (Complaint 97.) Plaintiff alleges that the date of default is July 05, 2017 and the date of the last payment was May 12, 2017. (Complaint 911.) Defendant and the name of the debtor on the Citibank account stated above is alleged as Courtney Garcia. (Complaint 913.) On December 10, 2019, Plaintiff filed a proof of service indicating that Defendant Garcia was personally served at 8:40 pm on Dece...
2023.11.06 Motion to Compel Deposition 707
Location: Tulare
Judge: Bianco, John P
Hearing Date: 2023.11.06
Excerpt: ...y (30) days from the date of this hearing; to order Plaintiff and his counsel to pay for the use of a court reporter office to attend the deposition remotely only if Plaintiff or Plaintiff's counsel so desires. In this matter, Plaintiff alleges he was injured while working on Defendants' vehicle when the Vehicle rolled down the driveway and struck Plaintiff. Defendants initially served a Notce of Taking Deposition upon Plaintiff for June 20, 2023...
2023.11.06 Motion to Compel Arbitration 640
Location: Tulare
Judge: Bianco, John P
Hearing Date: 2023.11.06
Excerpt: ...ation, San Joaquin Valley College, lnc„ Lynne Hare, and Kristen Berry. Defendants moves to compel arbitration of these matters pursuant to an arbitration agreement it produces with Plaintiff's electronic signature. On #tition 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 r...
2023.11.06 Motion for Preliminary Approval of Class Action and PAGA Settlement 220
Location: Tulare
Judge: Bianco, John P
Hearing Date: 2023.11.06
Excerpt: ...sently incurred costs and the notice period. The Court notes that Plaintiffs have filed the Second Amended Complaint on October 24, 2023, as ordered. On October 26, 2023, Plaintiffs filed supplemental declarations addressing the issues noted above. Notice The notice period, according to the revised settlement agreement is set at 60 days. The Court, therefore, approves the notice period of 60 days. Attorneys' Fees and Costs Attorneys' fees of 35% ...
2023.11.02 Motion for Summary Judgment 414
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.11.02
Excerpt: ... filed this complaint alleging a single cause of action against Defendant for premises liability based on a dangerous condition. (UMF No. 3.) Defendant characterizes Plaintiff's Complaint as alleging that Defendant "had failed to barricade the area and/or warn of the dangerous condition, rendering said premises dangerous and resulting in serious bodily injury.„." (UMF No. 4.) Plaintiff disputes this characterization and adds that his complaint ...
2023.11.02 Motion for Judgment on the Pleadings 258
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.11.02
Excerpt: ...to Defendant at Defendant's request as to a Home Depot Credit Card containing the last four digits 1281. Plaintiff alleged damages in the amount of $6,330.22. Defendant answered the complaint on June 29, 2023, stating "l know I owe the money..." On August 9, 2023, Plaintiff filed this motion for judgment on the pleadings on the basis that Defendant's answer did not deny that the money was owed to Plaintiff. Notice of this motion as mailed to the ...
2023.11.02 Demurrer 358
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.11.02
Excerpt: ...en in Tulare County, including Plaintiff." (Complaint 2, 9.) Plaintiff alleges that while she was in foster care under the custody, care, and control of "DEFENDANTS" in approximately 1981, when Plaintiff was approximately thirteen (13) years old, Plaintiff was sexually abused and assaulted by her Foster Father, in whose home she was placed. (Complaint 23, 24.) Plaintiff alleges that she reported this abuse to a social worker and that no action wa...
2023.10.31 Motion for Post Judgment Fees and Costs 706
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.10.31
Excerpt: ...ay 16, 2023 included fees up to May 10, 2023. Plaintiff thereafter filed a second motion for fees and costs incurred May 11, 2023 to July 12, 2023, also in collection of the judgment and related specifically to the motion for receiver issue previously adjudicated. The Court granted the second motion for fees in the amount of $7,105 and for costs in the amount of $453.10. Plaintiff now files this third motion for fees and costs incurred July 14, 2...
2023.10.30 Demurrer to Amended Complaint 497
Location: Tulare
Judge: Bianco, John P
Hearing Date: 2023.10.30
Excerpt: ...t of her detention at the Tulare County Adult 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...
2023.10.30 Motion for Prejudgment Possession 890
Location: Tulare
Judge: Bianco, John P
Hearing Date: 2023.10.30
Excerpt: ... Department of Transportation ("Plaintiff") seeks to acquire 2.56 acres of the 53.29 acres making up Parcel 88193-1 (the "Taking"). On October 13, 2022, at a meeting held in Sacramento, the California Transportation Commission passed and adopted Resolution of Necessity No. C-22204, declaring that the Taking or an interest therein is necessary for state highway purposes. Plaintiff seeks to acquire this area as part of a project to construct a new ...
2023.10.30 Motion for Leave to File Complaint 780
Location: Tulare
Judge: Bianco, John P
Hearing Date: 2023.10.30
Excerpt: ...eeking damages for alleged losses related to its 2020 pistachio crops. M.C. Watte filed fts amended complaint, adding Brian Watte as a defendant. Brian Watte then filed a cross-complaint against Nutrien seeking contribution and indemnity from Nutrien and separately seeking damages from Nutrien for alleged losses related to his 2020 pistachio crops. Defendant Nutrien Ag Solutions seeks leave to file a cross-complaint against proposed cross-defenda...
2023.10.30 Motion for Preliminary Approval of Class Action and PAGA Settlement 467
Location: Tulare
Judge: Bianco, John P
Hearing Date: 2023.10.30
Excerpt: ...,cm) The gross settlement amount is $41WßW. Plaintiff estimates approximately 350 proposed Class Members, providing an estimated average payout of $619.04. The Class Members consist of: all non-exempt employees who worked for Central California Baking Company at any time in the State of California during the period from April 26, 2021, through February 17, 2023 and who received any wage statements containing the following information: (1) FLSA O...
2023.10.27 Demurrer, Motion to Strike 746
Location: Tulare
Judge: Roper, Glade
Hearing Date: 2023.10.27
Excerpt: ...tes by San Joaquin Valley Unified Air Pollution Control District (District) against Setton Pistachio of Terra Bella, Inc. (Setton). Setton is a pistachio company with a processing facility in Terra Bella, California. The District's alleges various regulatory and statutory violations by Setton. The District commenced this action by filing its original complaint on May 30, 2023. The District filed an amended complaint on July 21, 2023, alleging six...
2023.10.27 Demurrer to FAC 176
Location: Tulare
Judge: Roper, Glade
Hearing Date: 2023.10.27
Excerpt: ... prevent discrimination or retaliation, interference with CFRA leave, CFRA leave retaliation, violation of Labor Code sectons 233, 246.5, and 1102.5, wrongful termination of employment and intentional infliction of emotional distress. Plaintiff alleges he was employed by a combination of Defendants including Defendant DG Farms, a business entity unknown that Plaintiff alleges is a registered DBA of individual Defendant Billy De Groot, the owner a...
2023.10.24 Motions to Compel Further Responses, for Sanctions 527
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.10.24
Excerpt: ... the parties executing a protective order; to deny the requests for sanctions. Facts Common to (1), (2) and (3) This Song Beverly action involves Plaintiffs' purchase of 2018 Jeep Renegade, VIN: ZACCJABB8JPH55214, ("the Subject Vehicle"). Plaintiffs allege various defects and nonconformities including but not limited to transmission, HVAC, and electrical problems. (Complaint 916.) Plaintiffs allege at least two repair attempts by authorized FCA r...
2023.10.24 Motion for Leave to Submit Expert Witness Disclosure 921
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.10.24
Excerpt: ...ntly set for October 30, 2023. Therefore, the parties' mutual exchange of expert witness information was due on 11, 2023. Plaintiff's Counsel, Michael Gorelik, appears to have drafted, but did not send, the Exchange of Expert Witness Information identifying Marian B. Stephens as an expert in the field of student safety, school negligence, administration, and supervision. (Declaration of Gorelik '1 2, Ex. 1.) The draft also identified several othe...
2023.10.24 Demurrer 787
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.10.24
Excerpt: ...nc. The Complaint does not appear to allege compliance with the tort claim presentation requirements under Government Code secton 911.2. Plaintiff filed no opposition to this demurrer. 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 (21%2) 97 Cal.App.4*' 209, 220. To state a cause of action, a plaintiff must a...
2023.10.23 Motion for Relief from Default and Stay of Writ of Execution 145
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.10.23
Excerpt: ... South Encina Street #4 Visalia, CA 93277 ("Subject Property"). (Complaint 93.) This achon is based on a three notice to pay rent or quit. Defendants were each served via personal service on October 5, 2023. On October 12, 2023, the Court entered default and on October 15, 2023, the Court entered default judgment for possession only and issued the writ of possession. On October 20, 2023, Defendants filed this ex parte moton for relief from defaul...
2023.10.23 Motion for Preliminary Approval of Class Action and PAGA Settlement, for Leave to File SAC 220
Location: Tulare
Judge: Bianco, John P
Hearing Date: 2023.10.23
Excerpt: ...o order Plaintiffs to file the Second Amended Complaint no later than ten (10) days from the date of today's hearing. 1. Sufficiency of Amount of Settlement (Net Estimated: $352,650) The gross settlement amount is $650,000. Plaintiffs estimate approximately 925 proposed Class Members, providing an estimated average payout of $381.24 each. The Class Members consist of: All persons employed in California by Defendants Sonoco Plastics, Inc. and Peni...
2023.10.23 Motion for Preliminary Approval of Class Action and PAGA Settlement 833
Location: Tulare
Judge: Bianco, John P
Hearing Date: 2023.10.23
Excerpt: ...s, providing an estimated average payout of $737.82. The Class Members consist of: Non-exempt employees who work or worked for Defendant in California at any time during February 26, 2017 and ending on the date the Court grants Preliminary Approval. Plaintiffs primarily alleged the followng violations: (1) failed to pay minimum and regular rate wages, (2) failed to pay overtime compensation, (3) failed to provide meal periods, (4) failed to autho...
2023.10.20 Demurrer to Unlawful Detainer Complaint 356
Location: Tulare
Judge: Bianco, John P
Hearing Date: 2023.10.20
Excerpt: ...nd a thirty day notice to quit. Defendants challenge the sufficiency of these notices, but their legal arguments center on three day notices to quit based on covenants of the lease, which do not appear at issue in this matter. Defendants further demurrer on the basis of uncertainty and failure to allege facts sufficient to state a cause of action. Authority and Analysis A demurrer tests the sufficiency of a complaint as a matter of law and raises...
2023.10.19 Motion for Preliminary Approval 988
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.10.19
Excerpt: ...d a declaration and supplemental briefing addressing these issues. Attorneys' Fees and Costs Attorneys' fees of 33% of the gross settlement fund of $445,130 or $148,375.57 and costs not to exceed $25,000 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 reasonableness of the fee request. Here, Counsel indicates that the firm has spent...
2023.10.19 Motion for Summary Judgment 128
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.10.19
Excerpt: ... of action against the City is for dangerous condition of public property and failure to maintain public property as to non-functioning pedestrian cross-walk flashing beacons designed to alert others of the presence of pedestrians in the cross-walk. Material Facts The following facts are undisputed by Plaintiff Carranza, unless otherwise indicated. On July 20,201B, at approximately 6:10 a.m., Decedent was struck and killed by a vehicle while oper...
2023.10.19 Motion for Preliminary Approval of Class Action and PAGA Settlement 386
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.10.19
Excerpt: ...age payout of $121.66. The Class Members consist of: All current and former non-exempt employees of Agustin Ceballos Baca dba A&L Harvesting who performed work for Porterville Citrus, Inc. in California at any tme from December 2, 2018 through October 15, 2023. Plaintiff primarily alleged the following violations: (1) meal period violations premised on failure to provide timely duty-free 30 minute first meal periods; (2) rest period violations pr...
2023.10.19 Motion to Compel Arbitration, Demurrer 218
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.10.19
Excerpt: ...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, fora parcel of land in a development in the City of Visalia. (FAC '18.) The PSA was amended a number of times, including a third amendment where ...
2023.10.17 Motion to Deem Case Complex 247
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.10.17
Excerpt: ... approximately 1969-1971. While coordination has not be called for in this matter, this matter effectively brings together six distinct fact patterns for a jury to consider some of which are separated by over a decade of time" (Motion 2:21-28, 3:1.) Additionally, Defendants state that discovery delays and the delayed service of the complaint will cause Defendants to "...expedite the scheduling of depositions for the six individual plaintiffs, any...
2023.10.17 Motion to Compel Arbitration 903
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.10.17
Excerpt: ...c Defendants seek to compel arbitration of Plaintiffs individual PAGA claims and stay the representative PAGA claims pending arbitration pursuant to Plaintiff's hand-signed arbitration agreement. Facts as to Agreement to Arbitrate In support, Defendants provide the declaration of Reyes who indicates that she personally managed Plaintiff from 2016 through 2022 at the Visalia location and on February 5, 2021, she personally presented the arbitratio...
2023.10.17 Motion to Compel Arbitration 657
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.10.17
Excerpt: ...verruled. Background Facts This complaint involves class actions claims by Plaintiff for various wage and hour Labor Code violations and unfair business practices under Business and Professions Code section 17200 against Defendants Genova Management Group LLC, Milano Restaurants International Corp., Me-N-Ed's Pizzerias, Inc. Defendants seek to compel arbitration of Plaintiff's individual claims, enforce a class action waiver and dismiss Plaintiff...
2023.10.16 Motion to Strike Punitive Damages 935
Location: Tulare
Judge: Bianco, John P
Hearing Date: 2023.10.16
Excerpt: ...91.) Plaintiff alleges he is the assignee of Westlake Financial Services, LLC, dba Westlake Financial Services ("Westlake Financial), the named "Lender Loss Payee" and/or Additional Insured under ALJlC's Policy Number MIL4935650 (the "Policy"). (Complaint 9, 11-14.) Plaintiff sues under theories of breach of contract and breach of implied covenant of good faith and fair dealing. Plaintiff seeks punitive damages on the breach of implied covenant t...
2023.10.16 Motion to Preserve Evidence 497
Location: Tulare
Judge: Bianco, John P
Hearing Date: 2023.10.16
Excerpt: ...that Plaintiff was arrested, in custody or otherwise present Tulare County law enforcement at the pretrial facility. In response, Defendant states that much of the evidence requested, at various times between September 6, 2021 and September 18, 2022 has been routinely overridden. However, Defendants state that Plaintiff filed a formal complaint against a deputy in 2021 and recording associated with that complaint have been preserved. In any event...
2023.10.12 Special Motion to Strike 825
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.10.12
Excerpt: ... handle the transactions. Plaintiffs allege they "developed valuable contractual and other business and economic relationships with Airbnb and VRBO that provide[] [them] with the probability of future economic benefit." Plaintiffs allege defendant has tortiously interfered with these relationships in various ways. Defendant moves to strike the complaint under Cuie of Civil Procedure section 425.16, California's anti- SLAPP statute. The ant-SLAPP ...
2023.10.12 Motion to Vacate Default and Stay Execution of Judgment 537
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.10.12
Excerpt: ... Property." ) The Court notes this is an achon after the purchase of the Subject Property in 2021. (Complaint 99.) The verified complaint alleges that on or about May 8, 2023, Plaintiff learned that Defendants had begun unlawfully occupying the Subject Property, including inside the residential structure thereon, on the preceding weekend (May 5 - 6, 2023). (Complaint 911.) The complaint further alleges Defendants have refused to leave, have start...
2023.10.12 Motion to Stay or Consolidate, for Preliminary Injunction 198
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.10.12
Excerpt: ...ese landlords as well as other defendants alleged to be in a "joint venture," "partnership" or "common enterprise" with them. In the now second amended complaint, CIDF states various claims, the principal contentions of which are that the defendants failed to fix dairy equipment and fixtures, failed to pay for other miscellaneous items to be fixed, and failed to provide certain accommodations for CIDF's dairy operations, including water and waste...
2023.10.12 Motion for Extension of Time to Respond to Complaint 516
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.10.12
Excerpt: ... Doe 1 on March 15, 2023. On August 28, 2023, Doe 1 filed a fee waiver request and this motion for an extension of time. The motion indicates Doe 1 is incarcerated and was uncertain if his fee waiver would be accepted prior to filing a responsive pleading in this case. The fee waiver request was granted August 28, 2023. Plaintiff did not seek entry of default until September 7, 2023. Authority and Analysis The Court will grant Doe I's request for...
2023.10.10 Motion for Preliminary Approval of Class Action and PAGA Settlement 220
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.10.10
Excerpt: ...oss settlement amount is Plaintiff estimates approximately 110 proposed Class Members, providing an estimated average payout of $335 per member. The Class Members consist of: all current and former non-exempt, hourly-paid employees who worked in California for Central Valley Recovery Services, Inc. ("Defendant"), at any time during the period from January 26, 2018 through August 15, 2023 The operative complaint alleges (1) failed to pay overtime ...
2023.10.10 Motion for Preliminary Injunction 539
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.10.10
Excerpt: ...peline located on Defendants' property. Plaintiff alleges causes of action for declaratory relief as to its easement, injunctive relief and for trespass. Plaintiff sought, and this Court entered, an ex parte temporary restraining order preventing Defendants from interfering with Plaintiff's water easement on August 7, 2023. The Court set this matter for the current hearing as to an order to show cause as to the entry of a preliminary injunction. ...
2023.10.10 Motion to Compel Arbitration 061
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.10.10
Excerpt: ...ference approximately six months from this hearing to April 9, 2024, 8:30 am, Dept. 7. On February 22, 2023, Plaintiff filed this action for failure to prevent harassment by non-employee and retaliation in violation of FEHA against, at all relevant times, her employer Defendant Twin Oaks Assisted Living LLC. (Complaint 98.) Plaintiff alleges that a live-in resident of the facility, former Defendant Faiman committed sexual battery and intentional ...
2023.10.09 Motion to Strike Punitive Damages 935
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.10.09
Excerpt: ...aintiff alleges he is the assignee of Westlake Financial Services, LLC, dba Westlake Financial Services ("Westlake Financial), the named "Lender Loss Payee" and/or Additional Insured under ALJlC's Policy Number MIL4935650 (the "Policy"). (Complaint 9, 11-14.) Plaintiff sues under theories of breach of contract and breach of implied covenant of good faith and fair dealing. Plaintiff seeks punitive damages on the breach of implied covenant theory. ...
2023.10.09 Motion to be Relieved, to Continue Trial 495
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.10.09
Excerpt: ...' Counsel Michael Daurio filed a motion to be relieved as counsel as to Plaintiffs Leticia collectively Salmeron surviving heirs Terriquez of Efrain and Cerjio Martinez Moreno, Martinez-Salmeron, Decedent. Plaintiffs' Counsel filed the following with respect to withdrawing: (1) MC-051 - Notice of Motion and Motion to be Relieved as Counsel; (2) MC-052 — Declaration in Support of Attorney's Motion to Be Relieved as Counsel; and (3) MC-053 - Orde...
2023.10.06 Demurrer 761
Location: Tulare
Judge: Roper, Glade
Hearing Date: 2023.10.06
Excerpt: ...lty for prevailing in a civil action under Civil Code section 1940.2(b) involving property located at 240 N. G. Street, Porterville, CA 93257 (the "Subject Property." ) The Complaint appears to allege retaliation and habitability issues. Vela alleges that Defendant Perez, as the person with whom she entered an oral lease agreement, breached the warranty of habitability and therefore she was excused from payment of rent that was otherwise due and ...
2023.10.05 Motion to Stay or Dismiss Complaint 107
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.10.05
Excerpt: ... motion to stay or dismiss this matter. Defendant's basis for this moton is that Defendant was, at all relevant times, a physician specializing in Obstetrics and Gynecology at Altura Centers for Health ("Altura"), a federally qualified health center ("FQHC") (Declaration of Banks 91.) Defendant states that Altura is an FQHC under the Federally Supported Health Centers Assistance Act of 1992 ("FSHCAA"), and therefore Altura and its officers and em...
2023.10.05 Motion to Compel Arbitration 829
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.10.05
Excerpt: ...retire and subsequently cash out the value of stock that Plaintiff had acquired over his years of employment pursuant to the Stock Redemption Agreement. (Complaint "6, 7, 9.) Plaintiff alleges he was induced to sign a document which purported to value and redeem his shares in the amount of $95,423.58. (Complaint "16, 17, 18, 21, 22.) The Stock Redemption Agreement contains the following term: "Arbitration. If any controversy or claim arising out ...
2023.10.05 Motion for Preliminary Approval of Class Action and PAGA Settlement 423
Location: Tulare
Judge: Bianco, John P
Hearing Date: 2023.10.05
Excerpt: ...s representative Plaintiff Francisco Medrano from the proposed amount of $10,000 to the typical amount of $5,000. Enhancement payments "are fairly typical in class action cases." (Cellphone Termination Fee Cases (2010) 180 Cal.App.4th 1110, 1393.) Enhancement payments "are intended to compensate class representatives for work done on behalf of the class, to make up for financial or reputational risk undertaken in bringing the action, and, sometim...
2023.10.05 Motion for Final Approval of Class Action and PAGA Settlement, for Attorney Fees 985
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.10.05
Excerpt: ...f class action and PAGA settlement, attorneys' fees, costs, enhancement award, LWDA payment and class certification for settlement purposes came on for hearing on October 5, 2023. The Court finds and rules as follows: On September 8, 2023, the settlement administrator Phoenix, through its Case Manager, filed a declaration detailing the following events. On April 27, 2023, the administrator received a mailing list of 341 potential class members fr...
2023.10.03 Motion to Enforce Settlement 638
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.10.03
Excerpt: ...f emotional distress involving Plaintiff's employment. Defendants Aequion lnc„ Seamans Capital Management, Richard F. Seamans, Eleanor Mulvaney Seamans, and Aequion, LLC were alleged to be Plaintiff's "employers." (Complaint 4-8.) Plaintiff was employed by initially by EMOH Company LLC, which then became Aequion LLC in 2018 and later was incorporated into Aequian, Inc. in August 2019. Plaintiff generally alleges he was not paid his full wages, ...
2023.10.03 Motion for Summary Judgment 542
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.10.03
Excerpt: ...tiffs' 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 January 21, 2021, resulting in his death. (UMF Nos. 1, 15, 31.) Plaintiffs' decedent, Gary Franks, Sr., died on January 24, 2021. (UMF Nos. 8, 22, 39.) Plaintiffs filed this complaint on February 22, 2022 for as single cause of action for wrongful death based on...
2023.10.02 Demurrer 115
Location: Tulare
Judge: Bianco, John P
Hearing Date: 2023.10.02
Excerpt: ...endant, Farmersville Police Department and naming individual Defendants Jenifer Gomez, Jay Brock, Ralph Vasquez. Plaintiff alleges she turned in a complaint form June 12, 2021 to Farmersville Police Department regarding an incident that occurred May 12, 2021. (FAC 92.) Plaintiff seeks a declaratory judgment for injunctive relief that "defendants must conduct an uncorrupt investigation on the plaintiffs formal written complaint relating to sexual ...
2023.10.02 Demurrer 948
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.10.02
Excerpt: ...ks, amongst other relief, an order determining two real properties—one in Tulare, the other in Modesto—and certain entity ownership interests are assets of the estate of Gilberto Cortez. Colin, who claims to have purchased the Modesto property, demurrers to the petition on various grounds. Colin's demurrer implicates a limited set of the broader collection of allegations in the petition—those bearing on the Modesto property he claims to law...
2023.10.02 Motion for Leave to File Amended Complaint and Continue Trial 843
Location: Tulare
Judge: Bianco, John P
Hearing Date: 2023.10.02
Excerpt: ... involving a solar purchase by Plaintiff in 2015, various representations made thereof, and the assignment of Plaintiff's solar loan, and servicing of Plaintiff's solar system, to various named Defendants, including Complete Solar Inc. ("CSI") and JAK Solar Loans 1 Limited ("JSL") after Plaintiffs initial purchase. Plaintiff now seeks to file a second amended complaint: a) naming Flextronics International USA, Inc. ("FLEX") as a defendant; b) cla...
2023.09.28 Motion for Change of Venue 177
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.09.28
Excerpt: ... of the transfer fee in the sum of $50 payable to the Tulare County Superior Court and the submission of a separate check for the filing fee in the sum of $435.00 payable to Fresno County Superior Court, to be submitted to the Tulare County Superior Court, to effectuate the transfer. The Court sets this matter outto November 30, 2023, 8:30 am, Dl, for status of the payment of the transfer costs to this Court and this Court's transmittal of the ma...
2023.09.28 Motion for Leave to File Complaint 469
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.09.28
Excerpt: ...a has sued Defendants Food for Athletes, Inc., Gary Ferguson, Darren M. Long, Sr„ Brian Martinho, Becky Long and Darren Long, Jr. for breach of contract, elder abuse, constructive fraud, promissory fraud, unlawful business practices, shareholder inspection and direct suit for breach of fiduciary duty. Plaintiff filed this action September 22, 2022. Plaintiff alleges he became a shareholder in Food for Athletes starting in 2017 and continuing th...
2023.09.26 Motion for Protective Orders 060
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.09.26
Excerpt: ... The Court intends to inquire as to the status of this deposition and whether the motion for protective order has been rendered moot. Plaintiff alleges she was a foster child in the care and custody of the County of Tulare. Plaintiff alleges she was placed with a foster family where she was sexually abused as a minor. Plaintiff took the deposition of the County's PMQ on August 16, 2023 including topics for the time period 1993 through 1995. The C...
2023.09.26 Motion for Leave, to Reconsider Special Motion to Strike 024
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.09.26
Excerpt: ...September 1, 2023, Plaintiff filed this moton to reconsider and for leave to file an amended complaint. Authority and Analysis Though Plaintiff does not indicate a statutory basis for this motion, the motion references reconsideration. Code of Civil Procedure section 1008, states: "(a) When an application for an order has been made to a judge, or to a court, and refused in whole or in part, or granted, or granted conditionally, or on terms, any p...
2023.09.26 Demurrer to SAC 047
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.09.26
Excerpt: ...trict ("VUSD.") In sum, the Court previously found that the first amended complaint generally alleging compliance with the Tort Claims Act as to VLJSD. However, more specific allegations of the first amended complaint, as well as VUSD's request for judicial notice of Plaintiff's prior opposition to demurrer that claims appear to have been presented to the City of Visalia and County of Tulare, contradicted that general statement and the Court sust...
2023.09.26 Demurrer 378
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.09.26
Excerpt: ...uling sustaining the demurrer with leave to amend was based on Plaintiff's filing of this action on January 25, 2023, which the Court found to be over 90 days from the October 25, 2022 written notice of rejection of Plaintiffs claim against the estate of Decedent Christopher Mason pursuant to Probate Code section 366.2 The presentation of the underlying claim to the estate, the rejection thereof and the filing of this case are not in dispute. Pla...
2023.09.25 Motion to Vacate Default Judgment, Stay Execution of Writ 461
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2023.09.25
Excerpt: ... to prepay per diem rent for the length of the stay. This unlawful detainer matter involves property located at 565 S. Walnut #A Porterville, CA 93257 ("Subject Property.") (Complaint 93.) The complaint alleges this is a sixty-day notice matter subject to the Tenant Protecton Act. (Complaint 99.) Pursuant to this Court's order on August 17, 2023, Plaintiff posted and mailed the summons, complaint and related documents on Defendant Brady on August...
2023.09.25 Motion to Deem RFAs Admitted 202
Location: Tulare
Judge: Bianco, John P
Hearing Date: 2023.09.25
Excerpt: ... on Defendant's service of substantially complaint responses prior to the hearing on this motion. Facts Common to (1) and (2) In this motor vehicle accident matter, Plaintiff served the complaint by substitute service on February 7, 2023 on Defendant J Abraham Bedoya Olivares and Defendant AB & Sons Enterprises. Defendant answered as Defendant J Abraham Bedoya Olivares doing business as AB & Sons Enterprises on August 23, 2023. Prior to the answe...
2023.09.25 Motion to Compel Arbitration 797
Location: Tulare
Judge: Bianco, John P
Hearing Date: 2023.09.25
Excerpt: ...ng the 271 Property to Kissinger for a ten (10) year term with rent at $5,300.00 per month, plus triple net expenses such as utilities, property taxes, and other charges ("Sublease." ) (Complaint 96.) The second agreement was a written lease agreement for Plaintiff, as lessee, to lease property located at 247 N. L Street ("247 Property") to Kissinger for a ten (10) year term with rent at $2,900.00 per month, plus triple net expenses such as utili...
2023.09.25 Motion for Prejudgment Possession 553
Location: Tulare
Judge: Bianco, John P
Hearing Date: 2023.09.25
Excerpt: ...r ruling denying Caltrans's first motion for prejudgment possession, the court found Caltrans had failed to establish an overriding need for early possession, having merely restated fts initial project objectives, and had only made a perfunctory showing that it would suffer hardship if early possession was denied. Caltrans had submitted a supporting declaration asserting only that "[i]f the State is denied possession[,] the daily damages are esti...
2023.09.25 Demurrer 459
Location: Tulare
Judge: Bianco, John P
Hearing Date: 2023.09.25
Excerpt: ...hom the Trailer was purchased. Plaintiffs indicate they are "buyers" under California Civil Code S 2981(c) and S 1791(b). (Complaint 92.) Plaintiffs name Defendant FOREST RIVER, INC. (hereinafter "FOREST" and or "Defendant), as a manufacturer as defined by Civil Code SS 1791(j) and (l). (Complaint 93.) Plaintiffs name Defendant MAGIC TOUCH ("hereinafter 'MAGIC TOUCH'"), is a retailer as defined by Civil code S 1791(1). (Complaint "5, 7/) The comp...
2023.09.21 Demurrer, Motion to Strike 198
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.09.21
Excerpt: ... ("Plaintiff" or "CIDF") fourth cause of achon for breach of oral contract against all Defendants and ninth cause of action for implied easement against the "Landlord" Defendants. Plaintiff's Second Amended Complaint defines "Landlord(s)" as Kourosh Malakan, Trustee of the Koroush and Golnaz Malakan Family Trust; Nader Malakan, Individually and as Trustee of the Nader Malakan Revocable Trust, Avila Ranch, and FG2 Holdings. This second amended com...
2023.09.21 Motion for Relief from Default 464
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.09.21
Excerpt: ... made on August 3, 2023 at the Subject Pro#rty. The service was performed by a registered California process server. On September 5, 2023, default judgment was entered. On September 12, 2023, the writ was issued. On September 19, 2023, Defendant filed this ex parte motion for relief from default judgment. In support, Defendant indicates "I was never served." As to notice, Defendant indicates that notice to Plaintiff's attorney was provided via vo...
2023.09.21 Motion for Preliminary Approval of Class Action and PAGA Settlement 988
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.09.21
Excerpt: ...unt of Settlement (Net Estimated: $235,753.33) The gross settlement amount is $445, 130. Plaintiff estimates approximately 120 proposed Class Members, providing an estimated average payout of $1,960.00 per member. The Class Members consist of: "non-exempt employees employed and directly hired by Defendant KW in California at any time from January 3, 2018 through the date the Court grants preliminary approval, unless an earlier end date is selecte...
2023.09.19 Motion to Quash Service of Summons 344
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.09.19
Excerpt: ...orporation under the name "H & K, Inc." and states that the Plaintiff has been suspended by the Franchise Tax Board. Defendant provides a declaration detailing efforts to verify "H & K, Inc." In opposition, Plaintiff does not address this issue at all, but provides a summary of its argument in support of the complaint and of California community property law. Plaintiff does not provide any information or evidence as to the status of "H & K, lnc" ...
2023.09.19 Motion to Deem Vexatious Litigant, Demurrer 508
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.09.19
Excerpt: ...der; (2) To stay the litigation, including the demurrer, pend-ng the outcome of the reasonable probability determination under sections 391.1, 391.2 and 391.3. (1) Motion to Deem Plaintiff a Vexatious Litigant Defendant moves to declare Plaintiff Fraizer a vexatious litigant under Code of Civil Procedure sections 391, 391.1. 391.3 and 391.7 based on the continued relitigation of the same cause of action, claim and issues of fact and law that have...
2023.09.19 Motion for Attorney Fees 462
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.09.19
Excerpt: ... multiple repair visits without successfully remedying the issue. Plaintiff, on February 14, 2022, filed this Song Beverly achon for breach of express and breach of implied warranties. Plaintiff propounded written discovery on GM, consisting of 37 requests for admissions, 46 requests for production of documents, 49 special interrogatories and 27 form interrogatories. The parties disagreed as to the sufficiency of GM's responses and Plaintiff file...
2023.09.18 Motion for Summary Judgment 117
Location: Tulare
Judge: Bianco, John P
Hearing Date: 2023.09.18
Excerpt: ...ons that, in June 2017, Bell Carter solicited and obtained $1.25 million dollars from plaintiffs to protect their position as producers in the olive market; and that Bell Carter fraudulently concealed it was simultaneously engaged in negotiations with a large Spanish olive producer conglomerate, Dcoop, which culminated in Dcoop becoming the almost-exclusive supplier of olives to Bell Carter and the destruction of plaintiffs' position in the olive...
2023.09.18 Motion for Preliminary Approval of Class Action and PAGA Settlement 423
Location: Tulare
Judge: Bianco, John P
Hearing Date: 2023.09.18
Excerpt: ...tmates approximately 578 proposed Class Members, providing an estimated average payout of $924.88. per member. The Class Members consist of: "All current and former hourly-paid or non-exempt employees employed by Defendant G & J Heavy Haul, Inc. ("Defendant") within the State of California at any time between July 8, 2018, through June 3, 2023." Plaintiff primarily alleged the following violations: (a) Labor Code sections 510 and 1198 (unpaid ove...
2023.09.14 Motion to Stay or Consolidate 198
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.09.14
Excerpt: ... "joint venture," "partnership" or "common enterprise" with them. In the now second amended complaint, CIDF states various claims, the principal contentions of which are that the defendants failed to fix dairy equipment and fixtures, failed to pay for things to be fixed, and failed to provide certain accommodations for CIDF's dairy operations, including water and wastewater disposal accommodations. In a generally stated listing of prayers for rel...
2023.09.14 Motion for Judgment on the Pleadings 810
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.09.14
Excerpt: ...,395.06. Defendant answered the complaint on May 11, 2023, admitting all of the allegations of the complaint and stating that Defendant had tried to come to an arraignment with Plaintiff, but was unable to do so. Meet and Confer Plaintiff states that counsel attempted to contact Defendant regarding this Motion in accordance with Code of Civil Procedure section 439(a). "Before filing a motion for judgment on the pleadings pursuant to this chapter,...
2023.09.14 Motion for Attorney Fees 679
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.09.14
Excerpt: ...ntiff, on December 7, 2021, filed this Song Beverly achon for breach of express and breach of implied warranties. Plaintiff' written discovery on GM, consisting of 37 requests for admissions, 46 requests for production of documents, 49 special interrogatories and 27 form interrogatories. The parties disagreed as to the sufficiency of GM's responses and Plaintiff filed various motions to com#l further responses and for a of GM's person most qualif...
2023.09.14 Demurrer, Motion to Strike FAC 992
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.09.14
Excerpt: ...n the fifth cause of action for fraud on the basis of a failure to allege a transactional relationship between GM and Plaintiff. Specifically, that the lack of allegations in the initial complaint that the Subject Vehicle was purchased from an authorized dealership or that the dealer is the agent for purposes of sale of GM vehicles to Plaintiff. (Dhita/ v. Nissan North America, Inc. (2022) 84 cal.App.5th 828, 844.) The First Amended Complaint all...

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