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2023.06.08 Motion to Compel Discovery, for Sanctions 756
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.06.08
Excerpt: ...filed its fourth amended complaint alleging causes of action for fraud, conspiracy, breach of contract and unfair competition against Defendant Rangel, amongst others. Plaintiff, on December 29, 2022, served Supplemental Interrogatories Set No. 1 and Supplemental Requests for Production of Documents, Set No. 1 on Defendant Rangel. Responses were due no later than February 7, 2023. As of the date of this motion, no responses have been received. Au...
2023.06.07 Motion to Stay Execution 513
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.06.07
Excerpt: ...he motion for the stay up to 40 days dependent upon the prepayment of per diem rent. In this unlawful detainer matter, the Court held trial and entered judgment in favor of Plaintiff on May 24, 2023 for possession only. On May 25, 2023, the Court issued the writ of possession. On June 1, 2023, Defendants Santiago Escarsega and Anna Marie Escarsega filed this ex parte motion to stay execution of the writ. The motion indicates that Defendants need ...
2023.06.06 Motion to Enforce Settlement 126
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.06.06
Excerpt: ...dant Mathew Gisler, on a of theories including breach of contract, unjust enrichment, account stated and book account for failure to perform certain services promised to Plaintiff and its clients. Defendant filed a cross- complaint for breach of contract and breach of implied covenant. On or December 27, 2022, Plaintiff filed a notice of conditional settlement with an expected dismissal of March 27, 2023. The Court notes this case has not been di...
2023.06.06 Motion to Amend Judgment, for Fees as to Collection of Judgment 706
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.06.06
Excerpt: ...r to this date. The Court is in receipt of the amended pleadings as to the motion to amend the judgment. Plaintiff, after a jury verdict in her favor and motion for attorneys' fees and costs, obtained judgment against Defendant Robert Hart, individually and as trustee of Diversified Management, a family trust, and against Defendant Diversified Management in the amount of $70,091.25 (the "Judgment") Plaintiff, in seeking to recover the Judgment, h...
2023.06.06 Motion for Preliminary Approval of Class Action and PAGA Settlement 498
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.06.06
Excerpt: ...supplemental declarations as to notice period, lodestar information and current costs expended. On May 18, 2023, counsel submitted supplemental declarations addressing these issues. Class Notice The settlement agreement provides no claim form will be required of class members to participate in distributions. Only those wishing to objector opt out must file notce with the settlement administrator. Objections or opt out notces are now to be made wi...
2023.06.02 Motion to Stay Execution 513
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.06.02
Excerpt: ...udgment in favor of Plaintiff on May 24, 2023 for possession only. On May 25, 2023, the Court issued the wr-t of possession. On June 1, 2023, Defendants Santiago Escarsega and Anna Marie Escarsega filed this ex parte motion to stay execution of the writ. The motion indicates that Defendants need more time to find a place to move. Notice was provided to Plaintiff by telephone, but Plaintiff's response is not indicated. Plaintiff is represented in ...
2023.06.01 Motion to Stay, to Enforce Settlement 541
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.06.01
Excerpt: ...e and indicated that the parties agreed that Plaintiff will pay $1,000 each month to Defendant beginning April 1, 2023. Plaintiff filed a notice of conditional settlement April 8, 2022 indicating dismissal by July 22, 2022 "unless deployment interferes." No dismissal appears to have been filed. On February 28, 2023, Plaintiff filed an ex parte application to stay this action pursuant to 50 united States Code section 3932(b), as Plaintiff is an ac...
2023.06.01 Motion for Terminating Sanctions 295
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.06.01
Excerpt: ...ligence and premises liability case involving an explosion due to a propane leak at 38119 Balch Park Road Springville, CA 93265. ("Subject Property"). Defendant Farr Jr. is alleged to be the Subject Property's owner and operator. This matter was filed in 2021. Plaintiff is currently represented in pro per. On March 16, 2023, this Court granted Defendant Farr Jr.'s motions to compel discovery and to deem admissions admitted. The Court ordered resp...
2023.06.01 Motion for Judgment on the Pleadings 866
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.06.01
Excerpt: ...nt of $11,001.90. Defendant answered the complaint on February 8, 2023 with the following: "l agree that the amount of $11,001.90 is owed to Capital One Bank (USA), NA" and sought a payment plan to resolve this matter. On April 18, 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 address indicated on Defend...
2023.06.01 Demurrer, Motion to Strike 559
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.06.01
Excerpt: ...n to strike as to the punitive damages claim moot; to deny the motion to strike as to the references to "felon;" (3) To deny the motion to permit judicial notice/adjudicate a motion to strike beyond the limitations in Code of Civil Procedure section 92. Facts Common to (1), (2) and (3) On February 1, 2023, Plaintiff Beams filed this limited civil action for conversion against Defendant Howard involving the refusal to return a vehicle valued at $7...
2023.06.01 Demurrer to FAC 070
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.06.01
Excerpt: ... should be estopped from asserting a defense applicable to public entities as to three of six causes of action on the basis that "Even though defendant KAWEAH is a public entity, plaintiff was not aware of this fact when he was employed by defendant KAWEAH. Here, defendant KAWEAH did not inform plaintiff that it was a public entity and should be estopped from alleging that it is a public entity." (First Amended Complaint ("FAC") at 3:4-26.) Plain...
2023.05.30 Motion to Consolidate 376
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.05.30
Excerpt: ...rtment 7. Plaintiffs Jeremy Andrew Hernandez, Nayeli Lopez Quezada, Xionna Hernandez And Kianna Hernandez, 80th Minors, by and through Nayeli Lopez Quezada ("Hernandez Plaintiffs") in VCU294376 move this Court to consolidate their case with VCLJ294488 on the basis that these cases involve the same multi-vehicle accident. The Hernandez Plaintiffs Matter - VCU294376 In the Hernandez Plaintiffs Matter, VCU294376, the Hernandez Plaintiffs have sued D...
2023.05.30 Motion to Enforce Settlement 047
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.05.30
Excerpt: ...ts Advanced Mechanical Engineering Corp. ("AME") and Frank Hinojos Ill (collectively "Defendants") breached the Temporary Staffing Services Agreement ("TSSA") with Plaintiff Definitive Staffing Solutions, lnc ("Plaintiff" or "DSS") dated January 30, 2018, wherein DSS agreed via the TSSA to provide AME with temporary employees to assist with its industrial constructon business and pay employees provided, and AME agreed to pay DSS the amounts invoi...
2023.05.30 Petition to Confirm Arbitration Award 643
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.05.30
Excerpt: ...4.72 against Respondents Auto MD of Visalia Inc. and Darrin Woodbridge arising out of a written agreement entered into by the parties on or about March 24, 2022. (Petition 1, 3b, 4; Attachment 8(c).) Specifically, the dispute subject to arbitration involved Respondent's Breach of the Future Receipt Sale Agreement wherein the parties agreed that Petitioner would purchase $37,000 worth of future receivables for $25,000 from Respondents, but that Re...
2023.05.25 Motions for Summary Judgment, to Compel Depositions 416
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.05.25
Excerpt: ...le (VCT), Visalia Tile (VT) and American Ceramic Tile & Supply (ACT) alleging various wage and hour claims. Plaintiffs further allege defendants' business practices violated Business and Professions Code section 17200. Plaintiffs seek relief against all defendants on all their claims. Plaintiffs allege all defendants were each a "joint employer" of plaintiffs and, together, constitute a "joint enterprise," and are, therefore, jointly and severall...
2023.05.24 Motion to Vacate Entry of Default 783
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2023.05.24
Excerpt: ...ance with the remaining provisions of section 473(b) as to the of a proposed answer. This unlawful detainer matter, filed April 27, 2023, involves property located at 720 East Worth Ave Space 14, Porterville, California 93257 ("Subject Property." ) (Complaint 94.) Defendant and moving party Pascal Garcia was served via personal service on May 1, 2023. On May 9, 2023, this Court entered default as to Defendant Pascal Garcia. On May 23, 2023, Defen...
2023.05.23 Petition to File Late Claim 286
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.05.23
Excerpt: ...t the May 9, 2023 hearing, permitted a supplemental declaration by Plaintiff to be filed in support of this petition. The Court has reviewed the declaration and notes its contents below. Plaintiff seeks relief from the claim presentation requirement via this Petition as to her complaint for wrongful death based on medical malpractice and survival achon based on negligence. The Petition states that Decedent Kathryn Gress died on August 27, 2021. (...
2023.05.23 Motion to Vacate Judgment After Trial and Stay Execution of Judgment 034
Location: Tulare
Judge: Roper, Glade
Hearing Date: 2023.05.23
Excerpt: ...arris Road Springville, California 93265 ("Subject Property"), the Court held trial on May 16, 2023, granted judgment for possession for Plaintiff after trial, cancelled the rental agreement, issued the writ immediately, and awarded $3,896 to Plaintiff. The writ of possession was issued May 17, 2023. Defendant Scott now brings this ex parte motion to vacate the Court's judgment and stay execution of judgment. In support, Defendant states she did ...
2023.05.23 Motion to Compel Arbitration 083
Location: Tulare
Judge: Roper, Glade
Hearing Date: 2023.05.23
Excerpt: ...dence OPCO LLC and Providence Group of California LLC. Specifically, the complaint alleges "Defendant failed to: (1) protect MR. TROY from health and safety hazards (3) [sic] provide necessary care and protection in light of his vulnerable condition and his inability to care for his own needs; (4) provide medical care for physical and mental health needs; (6) create and update an adequate plan of care to protect MR. TROY given the COVID-19 outbre...
2023.05.23 Motion for Reconsideration 616
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.05.23
Excerpt: ... FCA US LLC (2020) 53 Cal.App.5th 486. 80th cases are appellate decisions. Authority and Analysis "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 party affected by the order may, within 10 days after service upon the party of written notice of entry of the order and based upon new or different facts, circumstances, or law, make appli...
2023.05.22 Motion for Prejudgment Possession 553
Location: Tulare
Judge: Bianco, John P
Hearing Date: 2023.05.22
Excerpt: ...fornia Edison (SCE) "for state highway purposes." Caltrans seeks to acquire a portion of a parcel and an adjacent temporary easement on the same parcel for construction purposes. Caltrans moves for prejudgment possession under Code of Civil Procedure section 1255.410. SCE objects to the motion, contending the proposed taking will adversely impact the capacity of a drainage basin maintained for the benefit of the city of Tulare (for stormwater dra...
2023.05.22 Demurrer, Motion to Strike 888
Location: Tulare
Judge: Bianco, John P
Hearing Date: 2023.05.22
Excerpt: ...Subject Vehicle was manufactured and delivered to Plaintiff with a defective transmission. (First Amended Complaint ("FAC") "4, 11.) This action was filed August 11, 2022. Relevant here to Defendant's demurrer and motion to strike as to the fourth cause of action for fraudulent concealment, Plaintiff alleges that GM is "responsible for the distribution, service, repair, installation, and decisions regarding GM's Hydra-Matc 8L90 transmission or Hy...
2023.05.18 Motion to Set Aside Default 440
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.05.18
Excerpt: ...nued to June 13, 2023; 8:30 am; Dl. Plaintiff filed this action for disability discrimination and other FEHA and Labor Code violations, including wage and hour violations on December 5, 2022 against Defendant Henry A Garcia Dairy. The proof of service filed December 16, 2022 indicates that substitute service was made on December 13, 2022 by delivery to Teresa Garcia and mailed to 12521 Avenue 200 Tulare, CA 93274-9035, Defendant's address. On Mar...
2023.05.18 Motion for Terminating Sanctions and Monetary Sanctions 084
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.05.18
Excerpt: ...re payable within 30 days of notice of this ruling; Defendants to give notice. This is a dental malpractice case. Defendant Fareid Dental Corporation dba Packwood Creek Dental and Defendant Bevan Fareid, D.D.S. ("Moving Defendants) have yet to receive discovery responses from Plaintiffs, despite obtaining this Court's order compelling such responses thereto and for monetary sanctions. Moving Defendants now seek terminating sanctions in addition t...
2023.05.18 Motion for Relief from Default Judgment 492
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.05.18
Excerpt: ...her name and described as 30-40 years old, female, black hair, five foot three inches, 140 pounds and Hispanic. A registered process server made service in this manner according to the proof of service. The summons, complaint and other initiating case documents were then mailed to Defendant at the same address. Default was entered in the amount of $3,586.67 on July 11, 2007. The Judgment was renewed on July 12, 2016. In 2018, the Judgment was ass...
2023.05.17 Motion for Relief from Default or Stay of Execution of Writ 617
Location: Tulare
Judge: Roper, Glade
Hearing Date: 2023.05.17
Excerpt: ...involves a residence located at 565 S. Walnut #A Porterville, CA 93257 ("Subject Property"). This is a three day notice to pay rent or quit matter. The notice was served April 9, 2023 and this action as filed April 20, 2023. The proof of service filed May 5, 2023 indicates that Defendant Brady was served with the summons, complaint and other required documents via personal service by a California Sheriff on May 1, 2023. On May 9, 2023, default wa...
2023.05.17 Motion to Stay Execution of Writ of Possession 091
Location: Tulare
Judge: Roper, Glade
Hearing Date: 2023.05.17
Excerpt: ...rty located at 707 N. Newcomb St. #64 Porterville CA 93257 ("Subject Property"). This isa three day notice to pay rent or quit matter. Per diem rent is noted in the complaint at $19 per day. Defendant Buenrostro was served via personal service of the complaint on April 7, 2023. On May 4, 2023, judgment was entered for possession and for damages in the amount of $7,434 inclusive of past due rent, holdover damages and costs. On May 5, 2023, the wri...
2023.05.16 Motion to Seal, Proceed with Fictitious Name 521
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.05.16
Excerpt: ...ulting from alleged sexual abuse suffered by Plaintiff from 1994 to 2000 while Plaintiff was a minor. Plaintiff was born in 1990 and is not over 40 years old when this action was commenced. On April 14, 2023, Plaintiff filed this motion to "seal Plaintiff Jane Roe's Application to Proceed in Fictious Name." Plaintiff has filed a redacted declaration of counsel "in support of motion re: application to proceed in fictious name and seal certificates...
2023.05.16 Motion for Preliminary Injunction 300
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.05.16
Excerpt: ... been established as to either Subject Vehicle and is inclined to grant the injunction. Background Facts This matter involves the possession of two vehicles, a 1963 Chevrolet Impala and a 1988 Cadillac Fleetwood (collectively "Subject Vehicles"), by Defendants Robert Escalera, individually and doing business as Kustom Kreations. Plaintiff's complaint alleges he is the legal owner of the two Subject Vehicles and provided them to these Defendants f...
2023.05.16 Motion for Preliminary Approval of Class Action and PAGA Settlement, for Attorney Fees 521
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.05.16
Excerpt: ...Class Members, providing a proposed estimated average payout of $4,233.28 per member. The Class Members consist of: All non-exempt employees who worked for Defendant in California from May 23, 2017 to March 20, 2023. Via the first amended complaint, Plaintiff brings claims for (1) failure to pay minimum wages; (2) failure to pay overtime wages; (3) failure to provide meal periods; (4) failure to permit rest breaks; (5) failure to reimburse busine...
2023.05.16 Demurrer 093
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.05.16
Excerpt: ...17 per month that was eventually set at $725 a month as of December 1, 2020. (Complaint at 96.) On March 22, 2023, Plaintiff caused a three-day notice to pay rent or quit ("Notice") to be served by posting and mailing, as well as via substitute service. The Notice indicates past due rent of $725 per month for the months of April 2022 through March 2023, with rent being due on the first of each month. (Complaint "1 6, 9.) The Notice provides the 2...
2023.05.15 Motion to Stay or Dismiss Pending State PAGA Case 960
Location: Tulare
Judge: Bianco, John P
Hearing Date: 2023.05.15
Excerpt: ... "First Martinez Acton"). In the First Martinez Action, Plaintiff alleges that Saputo violated the California Labor Code based on alleged failure to pay minimum, straight time, and overtime wages, failure to provide meal and rest periods, failure to pay all earned wages twice per month, failure to maintain accurate records, failure to timely pay final wages at termination, failure to furnish accurate itemized wage statements, and failure to indem...
2023.05.15 Motion for Preliminary Approval of Settlement 494
Location: Tulare
Judge: Bianco, John P
Hearing Date: 2023.05.15
Excerpt: ...as to the status of the deposit. The Court does not intend to set a final approval hearing of this settlement until the funds are fully deposited. 1. Sufficiency of Amount of Settlement (Proposed Net Estimated: $211,000) The gross settlement amount is $350,000. Plaintiff estimates approximately 37 proposed Class Members, providing a proposed estimated average payout of $5,700 per member. The Class Members consist of: "All non-exempt dairy workers...
2023.05.15 Demurrer, Motion to Strike Punitive Damages in FAC 028
Location: Tulare
Judge: Bianco, John P
Hearing Date: 2023.05.15
Excerpt: ...isting four causes of action under the Song-Beverly Act and a fifth for fraudulent inducement— concealment. Plaintiffs filed a first amended complaint January 9, 2023. This matter inwlves Plaintiffs' purchase of a 2014 Chevrolet Cruze ("Subject Vehicle") from an authorized dealer and entry into a warranty contract with Defendant GM on November 16, 2013. (First Amended complaint ("FAC") 6, 8.) Plaintiffs alleged that "Prior to purchasing Subject...
2023.05.12 Motion to Vacate Default, Stay Execution of Judgment 218
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.05.12
Excerpt: ...ee-day notice to pay rent or quit. The per diem rent amount alleged in the complaint is $30. Defendant Pepper was served by posting and mailing via order of this Court on April 11, 2023. Default judgment was entered May 1, 2023 for possession only and the writ of possession was issued. On May 10, 2023, Defendant filed this ex parte motion for relief from default and/or to stay execution of the writ. Defendant provides no basis under Code of Civil...
2023.05.09 Demurrer 290
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.05.09
Excerpt: ...swer no later than ten (10) days after this hearing. This isa wrongful death premises liability action filed by Plaintiffs, on behalf of the estate of Decedent and individually. Decedent died after striking a metal cable connected to posts is a dimly lit area while riding an all-terrain vehicle. (Complaint at Page 4.) Plaintiffs allege the incident occurred at or near 42000 Block of Road 64, Reedley, CA and have sued a number of Defendants who ap...
2023.05.09 Demurrer 470
Location: Tulare
Judge: Roper, Glade
Hearing Date: 2023.05.09
Excerpt: ...s were agreed upon by the parties: Plaintiff to pay approximately $44,000 to bring Wells Fargo loan current; Plaintiff to pay approximately $30,000 to Defendants at close of escrow; Defendants will have 30 days to vacate property; Defendants subject to daily penalty of $70 if not vacated; Defendants will leave loan in place and deed title of property to Plaintiff, Plaintiff agrees to take title subject to "Wells Fargo Deed of Trust;" Plaintiff to...
2023.05.09 Demurrer 877
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.05.09
Excerpt: ...q, and for wrongful termination in violation of public policy resulting from her former employment with Kaweah as a registered nurse. On September 23, 2021, Plaintiff filed a claim (the "Claim") for personal injuries to the Board of Directors for Defendant (the "Board"), pursuant to Government Code 5910. (Complaint 7:10-15.) Plaintiff thereafter alleges Kaweah failed to act on the claim and Plaintiff had two years to file this complaint. (Complai...
2023.05.09 Motion for Summary Judgment, Adjudication 474
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.05.09
Excerpt: ...reble damages under Code of Civil Procedure section 340.1. Plaintiff alleges she was sexually abused by her high school teacher Bob Doyle while she was a student at Dinuba High School. Plaintiff alleges Doyle's abuse of her began when she was approximately 14 years old and occurred during a period approximately between 1999 and 2002. Plaintiff alleges she was abused by Doyle "in and on the campus of Dinuba High School, during lunch, before and af...
2023.05.09 Motion for Final Approval of Class Action, Attorney Fees 872
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.05.09
Excerpt: ...nt, attorneys' fees, costs, enhancement award, LWDA payment and class certification for settlement purposes came on for hearing on May 9, 2023. The Court finds and rules as follows: On April 6, 2023, the settlement administrator IYLM Group, Inc., through its Case Manager, filed a declaration detailing the following events. On November 11, 2022, the administrator received a mailing list of 8,551 potential class members from Defendant's counsel wit...
2023.05.09 Motion to Compel Arbitration 833
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.05.09
Excerpt: ...nts Best Buy Warehousing Logistics, LLC, Best Buy Stores, L.P., and Jesus Vargas. Defendants have not yet filed an answer. Defendants, collectively, now move this Court to compel arbitration and to dismiss or stay this civil action pursuant to an Arbitration Policy. Request for Judicial Notice Defendants attach a number of trial court level decisions in their favor on arbitration motions from California and Federal Courts. These unpublished decis...
2023.05.09 Motions to Compel Arbitration 036
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.05.09
Excerpt: ...bitration provision as follows: "Agreement to Arbitrate: By signing below, you agree that, pursuant to the Arbitration Provision on the reverse side of this contract, pu orwe may elect to resolve any dispute by neutral, binding arbitration and not by a court action. See the Arbitration Provision for additional information concerning the agreement arbitrate." "ARBITRATION PROVISION 1. EITHER YOU OR WE MAY CHOOSE TO HAVE ANY DISPUTE BETWEEN US DECI...
2023.05.09 Petition for Relief from Government Tort Claims Act 286
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.05.09
Excerpt: ...Plaintiff seeks relief from the claim presentation requirement via this Petition as to her complaint for wrongful death based on medical malpractice and survival achon based on negligence. The Petition states that Decedent Kathryn Gress died on August 27, 2021. (Petition 93.) The Decedent was treated at Kaweah's facilities from October 16, 2020 through May 19, 2021. (Petition 92.) The Petiton further states that, after Decedent's death, Petitione...
2023.05.08 Petition to Foreclose on Mechanic's Lien 632
Location: Tulare
Judge: Bianco, John P
Hearing Date: 2023.05.08
Excerpt: ...dance with Civil Code Secton 8048, on behalf of and at the request of Respondents Rodney Hughes and Patsy Hughes, 782 N. Brundage Ave, Farmersville, CA ("Subject Property") pursuant to a written agreement. (Petition "3, 12) Petitioner indicates that it filed and duly recorded the Mechanic's Lien on December 14, 2022 and this recordation occurred within 90 days following completion or cessation of work in accordance with Civil Code section 8460. (...
2023.05.08 Motion to Strike 715
Location: Tulare
Judge: Bianco, John P
Hearing Date: 2023.05.08
Excerpt: ...ke without leave to amend as to references to treble damages under Code of Civil Procedure secton 340.1 (b) and references to Department of Social Services Child Welfare Services Manual sections 31-320. Plaintiff's amended complaint alleges that Defendant County of Tulare placed Plaintiff in foster care where she was sexually abused by her teenage foster brother and the foster brother's girlfriend. (First Amended Complaint ("FAC") "1 10, 23, 24, ...
2023.05.04 Motion to Stay 996
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.05.04
Excerpt: ...." ) As part of the purchase, Plaintiffs signed the Warranty Registration that confirmed they had the opportunity to review the Forest River, Inc. Limited Warranty as part of the purchase of the RV. (Hudler Decl. —Ex. B; Evans Decl.) Plaintiff's complaint confirms receipt of the express written warranty ("Limited Warranty") from Defendant Forest River. (Complaint at 2:19.) The Limited Warranty states, in the section entitled "Legal Remedies", p...
2023.05.04 Motion to Set Aside Dismissal and Enforce Settlement 869
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.05.04
Excerpt: ...hout prejudice but retains jurisdiction to enforce the settlement expressly under 664.6. The settlement reflects the same retention of jurisdiction and is signed by Plaintiff and Defendant. The settlement provides a principal amount of $21,810.02 due to Plaintiff. The parties agreed that Defendant's insurance carrier National General Insurance, was to pay Plaintiff $7,645.95, and Defendant was to pay Plaintiff a total of $14,164.07 by a $150.00 d...
2023.05.04 Motion for Preliminary Approval of Class Action and PAGA Settlement 498
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.05.04
Excerpt: ...23, Department 1, 8:30 am. 1. Sufficiency of Amount of Settlement (Proposed Net Estimated: $286,250) The gross settlement amount is $495,000. Plaintiff estimates approximately 148 proposed Class Members, providing an estimated average payout of $1,934.12 per member. The Class Members consist of: All individuals who are or were employed by Defendants as non-exempt employees in California during the period April 27, 2018, through March 31, 2023 Pla...
2023.05.04 Motion for Leave to File Complaint 610
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.05.04
Excerpt: ...ts to rental property located at 1089 Pioneer Ave, Porterville, CA (the "Subject Property") owned by Plaintiff's insured, Norma Avery. Plaintiff paid its insured approximately $77,000 to Ms. Avery and now seeks recovery from Defendants. On November 18, 2022, Defendants answered this complaint but did not file a cross-complaint. Defendants were represented in pro per at the time of the answer. On March 3, 2023, Defendants hired present counsel. De...
2023.05.02 Demurrer 047
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.05.02
Excerpt: ...ormance and breach of written agreement. Plaintiff alleges on August 30, 2022, Plaintiff, as buyer, and Defendants, as sellers, entered into a California Residential Purchase Agreement and Joint Escrow Instructions (the "Agreement"), pursuant to which Plaintiff agreed to purchase and Defendants agreed to sell for a total purchase price of $900,000.00 certain residential real property. However, on September 6, 2022, Plaintiff alleges Defendants, t...
2023.05.02 Demurrer 789
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.05.02
Excerpt: ...ge Christiansen Aia doing business as Christiansen Group. On January 31, 2023, George Christiansen Aia doing business as Christiansen Group filed a cross-complaint against Kaweah, and other cross-defendants, for breach of contract and quantum meruit, amongst other causes of action not subject to demurrer. The cross-complaint seeks money damages against Kaweah. The cross-complaint arises out of the same contract for which Kaweah has sued Aia. Kawe...
2023.05.02 Motion to Enforce Stipulation 905
Location: Tulare
Judge: Roper, Glade
Hearing Date: 2023.05.02
Excerpt: ...cate the unit by April 7, 2022, plaintiff will vacate the judgment and file a dismissal with prejudice by April 19, 2022, or defendant may file an ex parte declaration to vacate judgment and dismiss this action with prejudice." The stipulation is signed by both parties and further contains a term indicating the Court shall retain jurisdiction to enforce the stipulation. The Court entered its order as to these terms on March 8, 2022. Defendant has...
2023.05.02 Motion to Confirm Sale of Real Property 266
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.05.02
Excerpt: ...d, a new offer was received and accepted and Plaintiff seeks an order confirming the sale under this new offer. On November 3, 2022, Plaintiff retained her current realtor, Hollis Fernandez, License No. 01794664, and listed the Subject Property for sale to the general public. Plaintiff's current realtor, after receiving no offers for a few months, recommended incremental decreases of the list price. This also considered the issues of inspection a...
2023.05.02 Petition to Confirm Arbitration Award 643
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.05.02
Excerpt: ...inst Respondents Auto MD of Visalia Inc. and Darrin Woodbridge arising out of a written agreement entered into by the parties on or about March 24, 2022. (Petition 1, 3b, 4; Attachment 8(c).) Specifically, the dispute subject to arbitration involved Respondent's Breach of the Future Receipt Sale Agreement wherein the parties agreed that Petitioner would purchase $37,000 worth of future receivables for $25,000 from Respondents, but that Respondent...
2023.04.27 Motion for Summary Judgment 352
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.04.27
Excerpt: ...l Associates, Inc. or SROMA, and the later agreement that such services be #rformed by a different entity. SROMA was co-owned by Cross-Defendants Veena Ramsinghani, MD and Youssef Hanalla, MD, until approximately August 2020 when Dr. Ramsinghani retired and transferred her ownership interest to Dr. Hanalla. (LJMF Nos. 2, 45.) Moving Party Robert Havard, MD's initial relationship with SROMA and Drs. Ramsinghani and Hanalla included managing disput...
2023.04.27 Motion for Relief from Entry of Default 211
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.04.27
Excerpt: ...mendariz and Ruby Valencia Chavez arising outof a motor vehicle accident that occurred December 13, 2019. On September 19, 2022, Plaintiff filed a proof of service, completed by a registered process server, indicating service of the summons and complaint on Defendant Valencia was made on September 12, 2022, by personal service. On September 27, 2022, Plaintiff filed a proof of service, completed by a registered process server, indicating service ...
2023.04.27 Motion for Judgment on the Pleadings 842
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.04.27
Excerpt: ...ough 13 admitted as follows: 1. YOU (as used herein, "YOU" shall refer to the above-named responding party (Defendant) applied for a credit card charge account with Plaintiff. 2. YOU received a Customer Agreement when YOU received the credit card with account number xxxxxxxxxxxx4599 3. The Agreement provided that by using the credit card, YOU agree to be bound by the terms therein. 4. YOU received a credit card with account number XXXXXXXXXXXX459...
2023.04.27 Demurrer, Motion to Strike 571
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.04.27
Excerpt: ...s to the second cause of action on behalf of the Adult Plaintiff without leave to amend; to sustain the demurrer as to the third cause of action without leave to amend as to both Plaintiffs; to sustain the demurrer to the fourth cause of action and fifth cause of action without leave to amend as to Defendant Childcare, the business entity of unknown form and sustains the demurrer asto Defendant Ramirez with leave to amend. Minor Plaintiff shall h...
2023.04.26 Motion for Reconsideration 861
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2023.04.26
Excerpt: ...parties, the court took under submission the complaint for breach of contract. The Court, thereafter, issued its Statement of Decision on December 15, 2022 entering judgment in favor of Plaintiff as to the sum of $200. Thereafter, on December 15, 2022, the Clerk of the Court served by mail the Statement of Decision on Plaintiff. On March 21, 2023, Plaintiff filed a "motion for reconsideration" arguing that the Court did not consider evidence, mad...
2023.04.25 Petitions for Approval of Minor's Compromise 149
Location: Tulare
Judge: Roper, Glade
Hearing Date: 2023.04.25
Excerpt: ...1) Facts re: Amended Petition of Marcellus Luque The Court notes it has reviewed the amended petition filed as to Marcellus Luque. The following is based upon the amended #tition and related documents filed April 12, 2023. Petitioner is Vanessa Siquina, the parent of the 4-year-old minor Marcellus Luque. Petitioner now brings a petition to approve the compromise of a settlement offer to the minor child. According to the Petition, on April 28, 201...
2023.04.24 Demurrer 829
Location: Tulare
Judge: Roper, Glade
Hearing Date: 2023.04.24
Excerpt: .... On February 14, 2023, Plaintiff filed this unlawful detainer action. Plaintiff was unable to effect service on Defendant Ronald Silva either personally or through due diligence in any other manner specified in Article 3, Chapter 4, Title V of the Code of Civil Procedure. Thereafter, Plaintiff filed an application to permit service by posting and mail. The Court, on March 8, 2023, granted the motion and ordered the posting of the summons, compla...
2023.04.20 Motion to Substitute Representative for Estate 756
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.04.20
Excerpt: ...t Troy Sibel for Intentional Misrepresentation, Suppression of Fact, Conspiracy, Breach of Written Contract, and unfair Competition. Defendant Troy Sibel was served and answered the operative complaint through counsel. Thereafter, Defendant Troy Sibel, on August 24, 2021, passed away. The Court then granted Defendant Troy Sibel's attorney of record to withdraw as counsel. Erica Sibel-Tharp, Troy Sibel's daughter, initiated the Nevada estate proce...
2023.04.20 Motion to Proceed Under Fictitious Name 348
Location: Tulare
Judge: Roper, Glade
Hearing Date: 2023.04.20
Excerpt: ...of corroborative fact to remain under seal and confidential. "The court shall keep under seal and confidential from the public and all parties to the litigation, other than the plaintiff, any and all certificates of corroborative fact (Code of Civil Procedure S 340.1, sub. (0).) The same ruling in this matter denied a motion to proceed under a fictious name because the Doe Defendant 1, School District had not yet been served and therefore could n...
2023.04.19 Motion to Vacate Judgment After Trial 503
Location: Tulare
Judge: Bianco, John P
Hearing Date: 2023.04.19
Excerpt: ... indicated on Defendant's answer. The Court's April 17, 2023 minute order reflects that the case was called at 9:09 in Department 2 in Visalia. At that point, Defendant had not appeared. Based on Defendant's non-appearance, the Court struck her answer. Plaintiff proceeded with trial in Defendant's absence and the Court, after hearing testimony and argument, entered judgment in fawr of Plaintiff for possession and a total of $4,825 in past due ren...
2023.04.18 Motion to Terminate Arbitration 374
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.04.18
Excerpt: ...rsuant to an underlying arbitration agreement and stayed this case. (Declaration of Gutierrez 94 — Ex 2.) On September 9, 2019, Plaintiff submitted a Demand for Arbitration to Judicate West. (Declaration of Gutierrez '15 — Ex 3.) On October 10, 2019, Defendant ATS filed a Response to Plaintiff Reynosa's Demand for Arbitration. (Declaration of Guterrez "6 — Ex 4.) On December July 6, 2022, the arbitrator held a preliminary conference. (Decla...
2023.04.18 Motion to Compel Discovery of Financial Condition 013
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.04.18
Excerpt: ... intoxicated and struck decedent on his motorcycle. (Declaration of Russell 92.) Defendant Robert Buhl is Defendant Bryan Buhl's father and co- owner of the van. (Declaration of Russell 94.) The complaint alleges causes of action for negligence, negligence per se, negligent entrustment and wrongful death. The prayer seeks punitive damages. After the complaint was filed, Defendant Bryan Buhl entered a nolo contendre plea for gross vehicular mansla...
2023.04.18 Motion for Final Approval of Class Action and PAGA Settlement, Attorney Fees 831
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.04.18
Excerpt: ...proval of class action and PAGA settlement, attorneys' fees, costs, enhancement award, LWDA payment and class certification for settlement purposes came on for hearing on April 18, 2023. The Court finds and rules as follows: On March 22, 2023, the settlement administrator Phoenix Settlement Administrators, through its Case Manager, filed a declaration detailing the following events. On January 4, 2023, the administrator received a mailing list of...
2023.04.18 Motion for Attorney Fees 387
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.04.18
Excerpt: ...mplaint of Plaintiff Lockhart Reality Group for malicious prosecution. Defendants Law Group, APLC, Babak Kheiri, Daniel Geoulla, Dmitry Karpov only (hereinafter "Defendants") now move the Court for recovery of attorneys' fees in the amount of $39,148.57 and costs in the amount of $2,288.27 pursuant to Code of Civil Procedure section 425.16(c)(1). The Court notes that Defendant Martinez has not filed a motion for fees or costs. Authority and Analy...
2023.04.18 Motion for Approval of PAGA Settlement 268
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.04.18
Excerpt: ...d Net Distribution: $75,000.) The gross settlement amount is $150,000. Plaintiff estimates approximately 182 aggrieved employees, consisting of "all individuals employed by Defendant in California as non-exempt employees at any time from the period of April 23, 2021, through the earlier of the date which the Court approves the Settlement or April 8, 2023." Plaintiff brings claims under the PAGA statute for violations of Labor Code sections 201, 2...
2023.04.17 Motions to Compel Further Responses 798
Location: Tulare
Judge: Bianco, John P
Hearing Date: 2023.04.17
Excerpt: ... Interrogatories as to Defendant CVT, LLC; (6) Special Interrogatories as to Defendant CVT, LLC; (7) Requests for Admissions as to Defendant CVT, LLC; and (8) Requests for Production of Documents as to Defendant CVT, LLC; and for sanctions against Defendant CVT, LLC and their counsel of record. Tentative Ruling: To find motions (1) through (8) moot as a result of Defendant's supplemental responses; to sanction Defendant, and its counsel of record...
2023.04.17 Motion for Judgment on the Pleadings 782
Location: Tulare
Judge: Bianco, John P
Hearing Date: 2023.04.17
Excerpt: ... answer, filed January 5, 2023, does not deny the allegations and Defendant's attachment to the answer admits Defendant owes the principal debt to Plaintiff. Plaintiff, on this basis, moves for judgment on the pleadings and recovery of its costs totaling $353.50, for a total judgment in the sum of $1,589.33. Plaintiff's proof of service indicates service of this motion by mail on the address indicated on Defendant's answer. Authority and Analysis...
2023.04.13 Petition to Compel Arbitration 621
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.04.13
Excerpt: ...d to provide notice to commence the five-day period under Code of Civil Procedure section 1281.6. Facts — Agreement to Arbitrate Petitioners Isaias Cardenas-Sanchez and Irene Cardenas-Sanchez filed the instant Petition against Respondent Allstate Insurance pursuant to California Insurance Code S 11580.2(f)(1). Pettioners thereafter filed a motion to compel arbitration based on an underinsured motorist policy (the "Porcy"), which "includes an ag...
2023.04.13 Motion to Stay or Dismiss 351
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.04.13
Excerpt: ...ously to permit the PAGA claim to be added to the federal class action. However, Plaintiff has filed this PAGA case in this Court. Defendant argues that the PAGA claims cannot be added as the seek duplicative penalties already provided by the Labor Code and covered by the federal class achon claims. Defendant further argues stay under abatement and, alternatively, forum non conveniens. In opposition, Plaintiff notes the strict requirement of abat...
2023.04.13 Motion to Deem RFAs Admitted 804
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.04.13
Excerpt: ... admitted by Defendant Juan Torres Construction, Inc. On November 8, 2022, Plaintiff served the Requests for Admissions on Defendant Juan Torres, an individual, by mail at the address stated on Defendant's substitution of attorney, whereby Defendant Juan Torres now represents himself. As of the date of this motion, no responses have been prov-ded to Plaintiff. Plaintiff now seeks to have Admissions Nos. 1 through 17 deemed admitted. No opposition...
2023.04.13 Demurrer, Motion to Strike 992
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.04.13
Excerpt: ...o file an amended complaint. Case management conference is continued to June 14, 2023; 8:30 am; DI. Facts Common to (1) and (2) Plaintiff's First Amended Complaint seeks recovery for a number of claims under Song Beverly and, relevant here, a fifth cause of action for fraudulent inducement by concealment. Plaintiff alleges that "On or about April 9, 2021, Plaintiff entered into a warranty contract with Defendant GM regarding a 2021 Chevrolet Silv...
2023.04.12 Demurrer 538
Location: Tulare
Judge: Roper, Glade
Hearing Date: 2023.04.12
Excerpt: ... alleges and complains that Judge Ide questioned Plaintiff about whether Plaintiff was holding herself out as her congregant's attorney. Plaintiff identifies no precise cause of action but references freedom of religion and a violation of her Fourteenth Amendment due process and equal protection rights. In addition to monetary damages, Plaintiff seeks an order removing Judge Ide from presiding over "any and all matters pertaining to my person thr...
2023.04.12 Motion to Quash Service 829
Location: Tulare
Judge: Roper, Glade
Hearing Date: 2023.04.12
Excerpt: ...ntiff served a sixty day notice to terminate ("Notice"). On February 14, 2023, Plaintiff filed this unlawful detainer action. Plaintiff was unable to effect service on Defendants Jordan Silva and Ronald Silva either personally or through due diligence in any other manner specified in Article 3, Chapter 4, Title V of the Code of Civil Procedure. Thereafter, Plaintiff filed an application to permit service by posting and mail. The Court, on March 8...
2023.04.11 Demurrer 538
Location: Tulare
Judge: Roper, Glade
Hearing Date: 2023.04.11
Excerpt: ...s and complains that Judge Ide questioned Plaintiff about whether Plaintiff was holding herself out as her congregant's attorney. Plaintiff identifies no precise cause of action but references freedom of religion and a violation of her Fourteenth Amendment due prc„cess and equal protection rights. In addition to monetary damages, Plaintiff seeks an order removing Judge Ide from presiding over "any and all matters pertaining to my person through...
2023.04.11 Motion to Quash Service 829
Location: Tulare
Judge: Roper, Glade
Hearing Date: 2023.04.11
Excerpt: ...ntiff served a sixty day notice to terminate ("Notice"). On February 14, 2023, Plaintiff filed this unlawful detainer action. Plaintiff was unable to effect service on Defendants Jordan Silva and Ronald Silva either personally or through due diligence in any other manner specified in Article 3, Chapter 4, Title V of the Code of Civil Procedure. Thereafter, Plaintiff filed an application to permit service by posting and mail. The Court, on March 8...
2023.04.06 Motion to Compel Responses 466
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.04.06
Excerpt: ...motion to strike punitive damages against all Defendants without leave to amend. Having set the pleadings as described above, the Court's review of the argument and authority cited by the parties in the motion to compel and opposition appears to be centered on the discoverability of documents relating to the hiring and training of Defendant, the purpose of the trip, and safety policies. Defendant Aarons argues that, in admitting that it is vicari...
2023.04.04 Motion for Reconsideration 007
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2023.04.04
Excerpt: ...to a medical emergency. Authority and Analysis A non-prevailing party may make a motion to reconsider and enter a different order under the following conditions: (1) brought before the same judge that made the order sought to be reconsidered; (2) made within 10 days after service upon the party of the notice of entry of the order (extended under CCP S 1013 for type of service); (3) based on new or different facts, circumstances or law than those ...
2023.04.04 Demurrer, Motion to Quash 067
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.04.04
Excerpt: ...nd mailing was completed in accordance with the Court's order of February 17, 2023, the court is willing to consider this evidence at the hearing. Facts Common to (1) and (2) This unlawful detainer matter involves property located at 139 E Ferguson Ave., Visalia, CA 93291 (the "Subject Property." ) Plaintiff alleges it purchased the property at a Trustee's Sale held October 4, 2022. (Complaint 94). Plaintiff alleges it has duly recorded the Trust...
2023.04.04 Motion for Final Approval of Class Action and PAGA Settlement, for Attorney Fees 325
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.04.04
Excerpt: ...nal approval of class action and PAGA settlement, attorneys' fees, costs, enhancement award, LWDA payment and class certification for settlement purposes came on for hearing on April 4, 2023. The Court finds and rules as follows: On March 13, 2023, the settlement administrator ILYM Group, through its Operations Manager, filed a declaration detailing the following events. On October 25, 2022, the administrator received a mailing list of 494 potent...
2023.04.04 Demurrer 483
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.04.04
Excerpt: ...ver Drive Properties Inc. (RDP) is a California Corporation doing business in Tulare County, California, which has benefitted from various stolen and converted property as set forth herein, in addition to actively interfering with MVP's property management contracts." (Complaint 92.) Plaintiff alleges that he started Mid-Valley Property Management ("MVP") in 1996, operating it under his Real Estate Broker's License as a sole proprietorship. (Comp...
2023.04.04 Motion for Summary Judgment 606
Location: Tulare
Judge: Roper, Glade
Hearing Date: 2023.04.04
Excerpt: ...cating a general denial appropriate to complaints demanding less than $1,000. Plaintiff moves for summary judgment on the basis that Defendant cannot file a general denial, has raised no affrmative defenses and that the handwritten portion of the answer admits rent is due and owing and that he is in possession of the Subject Property. Authority and Analysis "A motion for summary judgment may be made at any tme after the answer is filed upon givin...
2023.04.04 Motion to Amend Judgment 706
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.04.04
Excerpt: ...in seeking to recover the Judgment, has discovered that Defendant Robert Hart is trustee of two additional trusts, Old Oak Holdings and North Fork Assets, as alter egos of Defendant Robert Hart in which he holds title to his former community, and now separate, property in Exeter and Badger. Plaintiff now seeks to add Robert Hart, as trustee of Old Oak Holdings and as trustee of North Fork Assets, as debtors to the Judgment. North Fork Assets appe...
2023.04.04 Motion to Compel Arbitration and Stay 228
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.04.04
Excerpt: ...he Labor Code and for unfair competition based on Plaintiff's former employment with Defendant, but lacking any Private Attorney General Act ("PAGA") claim. However, on March 22, 2023, Plaintiff filed a second amended complaint, without leave, pursuant to Labor Code section 2699.3(a)(2)(C), which states as follows: "C) Notwithstanding any other provision of law, a plaintiff may as a matter of right amend an existing complaint to add a cause of ac...
2023.04.04 Motion to Quash and Dismiss 912
Location: Tulare
Judge: Roper, Glade
Hearing Date: 2023.04.04
Excerpt: ...tation No. 12-38993-0017652-F, a Class A violation, to Plaintiff on June 23, 2022. Plaintiff served its notice of intent to contest the Citation on June 30, 2022. Plaintiff thereafter filed this complaint to dismiss the Citaton on September 21, 2022. Plaintiff, however, did not serve the complaint and summons until January 30, 2022. Defendant, under Health and Safety Code section 1428(b) moves to quash service as beyond the 90 day period from the...
2023.04.04 Motion to Set Aside or Vacate Consolidation Order 828
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.04.04
Excerpt: ... rule 3.350. At the continued motion hearing on February 28, 2023, this Court ordered consolidation of this matter, VCU288828, Fitness v. Moshin (the "Fitness Case") and VCU293786— Alhasani v. Fitness and Thrive (the "Alhasani Case"). Alhasani now seeks to set aside or modify the February 14, 2023 order that the Court would continue this matter and consolidate the cases upon the filing of various documents in compliance with the Rules of Court....
2023.03.28 Motion to Compel Production of Psychological Records 772
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.03.28
Excerpt: ...he Plaintiff who is claiming post-traumatic stress disorder damages, seeks the following: "Any and all documents, paper and digital records pertaining to care, treatment and examination, including but not limited to, all office, emergency room, inpatient / outpatient charts either in hard copy or electronic and/or faxed. Any and all x-ray films, to include MRI films, CAT scans, myelograms, radiological images, ultrasounds and any other films spec...
2023.03.28 Motion to Compel Arbitration 852
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.03.28
Excerpt: ...onditional Sale Contract and Security Agreement ("Agreement"). The complaint, filed December 29, 2022, alleges causes of action for violations of the Consumer Legal Remedies Act, Violations of the Unfair Competition Law, Fraud, Violations of Song Beverly Act and Surety Bond Liability as against Defendants Thrive Sports, lnc„ Westlake Financial and Hudson Insurance Company. Defendants Thrive and Westlake Financial (collectively "Defendant") now ...
2023.03.28 Motion for Final Approval Class Action, Attorney Fees 787
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.03.28
Excerpt: ...oval of class action settlement, attorneys' fees, costs, enhancement award, LWDA payment and class certification for settlement purposes came on for hearing on November 22, 2022. The Court finds and rules as follows: On February 28.2023, the settlement administrator Phoenix Settlement Administrators, through its Case Manager, filed a declaration detailing the following events. On November 18, 2022 the administrator received a mailing list of 589 ...
2023.03.28 Demurrer 862
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.03.28
Excerpt: ... children. (Complaint at p. 1.) Plaintiff alleges causes of achon for fraud-misrepresentation, professional negligence and breach of contract involving Defendant's alleged forc-ng of Plaintiff into a guilty plea and representing that Plaintiff's children would be returned to her if she entered a guilty plea. (Complaint at p. 2.) Plaintiff appears to allege delayed discovery and/or tolling, in that Plaintiff alleges she recovered a suppressed memo...
2023.03.23 Motion to File Amended General Denial 320
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.03.23
Excerpt: ...nc.'s ongoing bankruptcy and stipulations regarding the corporation's defense of this case by the bankruptcy trustees. The Court notes no trial date has been reset in this matter. Authority and Analysis The Court may, in the furtherance of justice, and uinn any terms as may be proper, allow a party to amend any pleading. (CINIe Civ. Proc. SS 473, 576.) In general, California courts liberally exercise discretion to permit amendment of pleadings in...
2023.03.23 Motion for Summary Judgment 084
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.03.23
Excerpt: ...rporation, Abeer Hafez, D.D.S„ Inc. since 2016. (UMF No. 1.) Plaintiff Amber Burkett was first seen by Dr. Hafez on a referral from a general dentist for evaluation of maxillary tooth #15, with the initial visit occurring on Monday, October 28, 2019. (UMF No. 2.) Plaintiff Amber presented complaining of pain in tooth #15 for four (4) months, with the tooth chipping prior to the initial visit causing an increase in pain and complaints that she w...
2023.03.20 Motion for Summary Judgment, Adjudication 260
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2023.03.20
Excerpt: ...ton Pistachio of Terra Bella, who allegedly "owned/operated/controlled" the property where the pit was constructed; Industrial Design & Construction, who Setton allegedly hired to construct the pit; and Paul Hankins, who was allegedly hired by Setton to excavate it. The Peregrinas allege a first cause of action for negligence and related second cause for premises liability based on allegations the pit was negligently excavated and maintained by d...
2023.03.20 Motion for Final Approval of Class Action Settlement, for Attorney Fees 528
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2023.03.20
Excerpt: ...r September 18, 2023, 8:30 am in Department 2. Plaintiff's motion for final approval of class action settlement, attorneys' fees, costs, enhancement award, and class certification for settlement purposes came on for hearing on March 13, 2023. The Court finds and rules as follows: On March 6, 2023, the settlement administrator Simpluris, through its Case Manager, filed a declaration detailing the follow-ng events. On September 27, 2022 the adminis...
2023.03.20 Motion for Final Approval of Class Action and PAGA Settlement, Attorney Fees 414
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2023.03.20
Excerpt: ... approval of class action and PAGA settlement, attorneys' fees, costs, enhancement award, LWDA payment and class certification for settlement purposes came on for hearing on March 13, 2023. The Court finds and rules as follows: On February 17, 2023, the settlement administrator Phoenix Settlement Administrators, through its Case Manager, filed a declaration detailing the following events. On September 27, 2022 the administrator received a mailing...
2023.03.20 Motion for Final Approval of Class Action and PAGA Settlement, Attorney Fees 113
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2023.03.20
Excerpt: ...or final approval of class action and PAGA settlement, attorneys' fees, costs, enhancement award, LWDA payment and class certification for settlement purposes came on for hearing on March 20, 2023. The Court finds and rules as follows: On February 24, 2023, the settlement administrator Phoenix Settlement Administrators, through its Case Manager, filed a declaration detailing the following events. On November 21, 2022 the administrator received a ...
2023.03.17 Motion to Vacate Default Judgment and Stay Execution of Judgment 922
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.03.17
Excerpt: ...This unlawful detainer matter, filed February 15, 2023, involves property located at 417 N. "L" St. #A Tulare, CA 93274 ("Subject Property.") (Complaint '13.) The Court notes this action is based on a three day notice to pay or quit. (Complaint 99.) As to moving party Defendant Torres, Plaintiff filed a proof of service indicating personal service of this lawsuit and summons on Defendant Torres occurred on February 17, 2023. On March 7, 2023, thi...

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