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1872 Results

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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 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 ...
2024.02.26 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 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 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 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 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 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...
2024.02.15 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...
2024.02.15 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 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 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...
2024.02.13 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 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...
2024.02.06 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...
2024.02.05 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...
2024.02.05 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...
2024.02.01 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 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 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...
2024.01.30 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 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...
2024.01.29 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 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...
2024.01.29 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 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 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 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 ...
2024.01.25 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...
2024.01.25 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 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 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...
2024.01.23 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 ...

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