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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 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 ...
2023.11.14 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 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 ...
2023.11.09 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...
2023.11.09 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...
2023.11.07 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 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...
2023.10.30 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 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...
2023.10.27 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 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 ...
2023.10.19 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 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...
2023.10.17 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...

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