Array
(
)
Search by Keyword:
Start Date:
End Date:
Tip: Wrap text in quotation marks when searching for phrases (e.g. "motion to dismiss").

1881 Results

Location: Tulare x 
Array
(
)
SELECT * FROM wp_posts WHERE (post_type = 'attachment') AND ID IN (SELECT object_id FROM wp_term_relationships WHERE term_taxonomy_id IN (SELECT term_id FROM wp_term_taxonomy WHERE taxonomy = 'wpmf-category' AND parent IN (SELECT term_id FROM wp_terms WHERE term_id = 250))) AND (true) AND (true) ORDER BY post_title DESC LIMIT 500,100
Array
(
)
2023.03.17 Motion for Final Approval of Class Action and PAGA Settlement, Attorney Fees 113
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2023.03.17
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 ...
2023.03.16 Motion for Preliminary Approval of Class Action and PAGA Settlement 985
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.03.16
Excerpt: ...lysis relating to the reasonable value of this case so that the Court may compare it to the proposed settlement amount, attorney rate and hours information to calculate the lodestar, the presently incurred costs and proof of submission of the settlement to the LWDA. On March 9, 2023, counsel submitted a supplemental declaration addressing these issues, as indicated below. 1. Sufficiency of Amount of Settlement (Net Estimated: $122,750) The gross ...
2023.03.16 Motion for Attorney Fees 930
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.03.16
Excerpt: ...default was entered against both and, after a prcwe up hearing on February 8, 2022, the Court found judgment in favor of Plaintiffs in the amount of $25,400.45. The parties entered a lease concerning the tenancy which contained a provision for reasonable attorneys' fees to be awarded to the prevailing party in an achon brought for recovery of rent or breach of covenant contained in the lease as follows: "[t]he prevailing party in an action brough...
2023.03.16 Motion for Relief from Default or Stay of Execution of Writ 780
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.03.16
Excerpt: ...s property located at 13930 Idaho, Orosi, CA 93647. Plaintiff filed the complaint February 9, 2023, and effected personal service on Defendant Jimenez February 10, 2023. On February 17, 2023, defendant filed a motion to quash service of summons. In that motion she indicated she would submit on the papers filed without appearance. On 22, 2023, the court held a hearing on a motion to quash filed by defendant and denied the motion. On March 2, 2023,...
2023.03.14 Petition for Approval of Minor's Compromise 149
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2023.03.14
Excerpt: ...the parent of the 4-year-old minor Marcellus Luque. Petitioner now brings a petition to approve the compromise of a settlement offerto the minor child. According to the Petition, on April 28, 2019, the minor was a passenger in a vehicle that was rear ended by Defendant Darron R. Burrill, allegedly while employed by Defendant Brahma Group, Inc. (Petition at 4, 5.) Injunes The minor child suffered emotional distress damages but has fully recovered ...
2023.03.14 Motion to Strike Punitive Damages 078
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2023.03.14
Excerpt: ...e of bed bugs in room number 222 (the "Room"), and damages therefrom, at Defendant's Porterville Lodging LLC's hotel. (Complaint 92.) Plaintiff seeks punitive damages as to the nuisance cause of action. Relevant here, Plaintiff alleges she entered into a hotel rental agreement to stay as a guest in the room between December 15, 2020 and January 23, 2021. (Complaint 26.) Plaintiff further alleges that in January 2021, she noticed the bed bug infes...
2023.03.14 Motion to Compel Production of Psychological Records 772
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.03.14
Excerpt: ...e are Plaintiff's psychological records from Kings View. Defendant indicates that, pursuant to prior discovery requests directed at Plaintiff, Plaintiff has some, but not all, records from Kings View. Further, Defendant indicates that Plaintiff was presented with an authorization form to release the records, but that no such authorization form has been executed as of the date of this motion. Defendants indicate that the subpoena was issued to Kin...
2023.03.14 Motion for Final Approval of Class Action and PAGA Settlement 326
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.03.14
Excerpt: ...' fees, costs, enhancement award, LWDA payment and class certification for settlement purposes came on for hearing on March 14, 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 November 3, 2022 the administrator received a mailing list of 1,932 potential class members from Defendant's co...
2023.03.07 Special Motion to Strike 387
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.03.07
Excerpt: ...n 425.16, California's anti-SLAPP statute. I. Background 1. The personal injury action In the underlying prior personal injury action (Tulare Superior Court Case No. VCU283263), Martinez sued various defendants for injuries allegedly sustained during an incident on June 21, 2018, in which she fell down a flight of stairs located on property at 303 N. D Street in Porterville, CA. Martinez filed her complaint on June 19, 2020. Martinez named, as de...
2023.03.07 Motion to Compel Arbitration 490 (2)
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.03.07
Excerpt: ...l 28, 2022, alleges causes of action for: (1) Violation of Subdivision (d) of Civil Code Section 1793.2 (express warranty) (2) Violation of Subdivision (b) of Civil Code Section 1793.2 (3) Violation of Subdivision (a)(3) of Civil Code Section 1793.2 (4) Breach of the Implied Warranty of Merchantability (Civ. Code, § 1791.1; § 1794; § 1795.5) (5) Fraudulent Inducement - Concealment Plaintiffs have not sued the dealer and signatory to the RISC. ...
2023.03.07 Motion for Leave to File Amended Complaint 228
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.03.07
Excerpt: ...ure to pay minimum wages; (2) failure to pay overtime wages; (3) failure to provide meal periods; (4) failure to provide rest periods; (5) failure to timely pay all wages due and owing at the time of termination; (6) failure to issue accurate itemized wage statements; (7) failure to reimburse business- related expenses; and (8) unfair competition. In support, Plaintiff has attached the proposed First Amended Complaint. Plaintiff notes this case h...
2023.03.07 Demurrer to SAC 199
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.03.07
Excerpt: ...amend as to the City as to the Tenth and Eleventh causes of action. (The Court notes it previously sustained the demurrer by Defendants Fahoum, Jason Salazar, Sergio Pineda, Marisa Burkdoll, Nathan Berry, Nicholas Fistolera, Damon Maurice and Velverde as to the Tenth and Eleventh causes of action without leave to amend.); To overrule the demurrer Sixth cause of action as to Defendant Fahoum and order Defendant Fahoum to “answer or otherwise ple...
2023.03.06 Motion for Interlocutory Judgment 933
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2023.03.06
Excerpt: ..., 2022, default was entered as to Defendant Farias. No default judgment, however, has been entered in this case. Plaintiff now moves for an interlocutory judgment of partition by sale, for appointment of Kevin Singer as referee, and to start the process of selling the real property. Authority and Analysis Partition is an equitable action that is governed by statute. (Civ. Proc. Code, §§ 872.010 et seq.) Pursuant to the Civil Procedure Code, pro...
2023.03.06 Motion to Vacate Judgment After Trial and Stay Execution of Judgment 818
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.03.06
Excerpt: ...ession for Plaintiff after trial, cancelled the rental agreement, issued the writ immediately, and awarded $9,148.64 to Plaintiff in past due rent, attorneys' fees, holdover damages and costs. Defendant Marina Moreno seeks to vacate the judgment and/or stay execution thereof on the basis that she was present outside the courtroom, but mistakenly believed she had to wait one hour and forty-five minutes for her case to be called and remained outsid...
2023.03.06 Motion to Vacate Default Judgment and Stay Execution of Judgment 781
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2023.03.06
Excerpt: ..., filed February 8, 2023, involves property located at 309 1/2 W. Tulare Ave. Visalia, Calif. 93277 (“Subject Property.”) (Complaint ¶3.) The Court notes this action is based on a three-day notice to pay rent or quit. On February 22, 2023, Plaintiff filed proofs of service indicating personal service was made on Defendants Janet Cross, Jason Cross and Jennifer Travis on February 12, 2023 by a registered process server. On February 22, 2023, ...
2023.03.02 Motion to Enforce Settlement 250
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.03.02
Excerpt: ...ode section 17200. The Court notes no cause of action under the Private Attorney General Act (“PAGA”) in the operative complaint. Settlement Agreement The parties thereafter settled this lawsuit and executed a settlement agreement in August 2022 (“Settlement Agreement”) that agreed to and contemplated the following: “1. Within 10 days of executing this Agreement, Plaintiff shall file a First Amended Representative Action Complaint to re...
2023.03.02 Motion for Summary Judgment 084
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.03.02
Excerpt: ...complaining that her dentist said she had an infection in tooth No. 18, in which she had a root canal years earlier. (UMF No. 1.) At the time of the evaluation, Dr. Olson noted that Plaintiff Amber had no pain, and no sensitivity to cold or percussion tooth No. 18. (UMF No 2.) Following the evaluation Dr. Olson diagnosed asymptomatic apical periodontitis and concluded that Plaintiff Amber required non-surgical root canal treatment therapy, follow...
2023.02.27 Motion to Consolidate 788
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2023.02.27
Excerpt: ...Case No. VCU293788, and his Private Attorney General Act (PAGA) action, Case No. VCU293928, for all purposes. Class Action Case - VCU293788 In this case, Plaintiff sues Defendant individually and on behalf of others similarly situated for 1) failure to pay overtime wages; (2) failure to pay minimum wages; (3) meal period violations; (4) rest period violations; (5) failure to pay sick pay; (6) failure to pay reporting time; (7) secret underpayment...
2023.02.27 Motion for Summary Judgment 865
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2023.02.27
Excerpt: ... – a model year 2015 Chevrolet Sonic, VIN 1G1JE5SB2F4151742 (the “Sonic”) – in August 2015. (UMF No. 1.) Plaintiffs bought the Sonic used in August 2015, from Carmax Auto Superstores California and GM was not a party to this transaction. (UMF No. 2.) GM further states Carmax Auto Superstores California is not a GM-authorized dealership. (UMF No. 3.) As to the evidence in support of this fact, GM provides a declaration from its counsel, wh...
2023.02.27 Demurrer, Motion to Strike 301
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2023.02.27
Excerpt: ...ciary duty, negligence, “insurance and bank fraud,” and “conversion of personal property.” (2) The motion to strike is rendered moot in light of the court's ruling on demurrer. Amanda Pereira, Janet Newsome, Tara Aceves and Ward Stringham demurrer to each cause of action of Robert Newsome's second amended petition/complaint on the grounds that each cause of action both fails to state a cause of action, and each is uncertain. (Code Civ. Pr...
2023.02.24 Motion to Vacate Default Judgment 994
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2023.02.24
Excerpt: ...ing Defendants Nancy Johnson and Kevin Doyle. On October 31, 2022, Plaintiff filed a proof of service indicating personal service on named Defendants Nancy Johnson and Kevin Doyle on October 1, 2022 at 3:31 pm. Service was made by a registered process server. Default judgment was entered as to the named Defendants on October 31, 2022. The writ was issued November 14, 2022. Defendant Doyle now seeks to set aside the default judgment on the basis t...
2023.02.23 Motion for Summary Judgment 134
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.02.23
Excerpt: ...ff for a credit card account, entering into a written credit card account agreement with Plaintiff for the account number ending in 2004 (the “Account”) on April 7, 2000. (UMF Nos. 1, 10.) Defendant agreed to be bound by the terms and conditions set forth in the agreement when the defendant applied for, received or used the credit card or the account. (UMF Nos. 2, 11.) After receiving the credit card, purchases were made by the use of the acc...
2023.02.23 Motion for Preliminary Approval of Class Action and PAGA Settlement 985
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.02.23
Excerpt: ...timated: $122,750) The gross settlement amount is $285,000. Plaintiff estimates approximately 645 proposed Class Members, providing an estimated average payout of $190.31 per member. The Class Members consist of: All current and former hourly, non-exempt employees of Defendant in California at any time during the May 3, 2017 through November 11, 2022. The operative complaint alleges eleven causes of action against Defendant for violations of the ...
2023.02.21 Motion for Summary Judgment 215
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2023.02.21
Excerpt: ...ff for a credit card account, entering into a written credit card account agreement with Plaintiff for the account number ending in 9035 (the “Account”) (UMF Nos. 1, 10.) Defendant agreed to be bound by the terms and conditions set forth in the agreement when the defendant applied for, received or used the credit card or the account. (UMF Nos. 2, 11.) After receiving the credit card, purchases were made by the use of the account and the charg...
2023.02.16 Demurrer 070
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.02.16
Excerpt: ...h Care District and alleges, relevant to this demurrer, a fourth cause of action for wrongful termination in violation of public policy, fifth cause of action for failure to provide meal and/or rest breaks under Labor Code section 512 and 226.7, and sixth cause of action for Labor Code section 203 penalties. Plaintiff alleges Defendant employed him as a Registered Nurse (“RN”) from October 2018 to September 9, 2021. Plaintiff's fourth cause o...
2023.02.16 Motion for Summary Judgment 084
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.02.16
Excerpt: ...leged as to Moving Party Defendant Dr. Jason Sorensen is medical malpractice by Plaintiff Amber Burkett and a derivative cause of action for loss of consortium by Co-Plaintiff Eric Burkert. (UMF No. 2.) On February 11, 2020, Plaintiff Amber had a consultation with Dr. Sorensen regarding the extraction of her Tooth No. 15 (the Tooth Extraction). (UMF No. 5) Prior to this consultation, Plaintiff Amber had been referred to Dr. Sorenson after other s...
2023.02.16 Motion to Strike 466
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.02.16
Excerpt: ...tiff's path through an intersection. Plaintiff alleges general negligence on the part of Villanueva and Aaron's, and claims against Aaron's for the negligent hiring, supervision, training and/or retention of Villanueva, and negligent entrustment of the truck to him. Plaintiff additionally alleges entitlement to punitive damages against both Villanueva and Aaron's. Here, Aaron's moves to strike plaintiff's punitive damages prayer. Plaintiff's alle...
2023.02.14 Motion to Vacate Default Judgment 991
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2023.02.14
Excerpt: ... December 19, 2022, the complaint was filed. Defendant was served by posting and mailing on January 7, 2023, under Code of Civil Procedure section 415.45 following this Court's order. On January 31, 2023, default was entered. On February 2, 2023, the writ of possession was issued. On February 10, 2023, Defendant filed this ex parte motion to vacate the default and to file a proposed answer. In support, Defendant states, generally, that he was mis...
2023.02.14 Motion to Consolidate 828
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.02.14
Excerpt: ...nt (collectively “Fitness”) alleging causes of action for conversion against Defendant Fadel Moshin (“Moshin”). Plaintiff in VCU293786 is Alhasani, Inc. (“Alhasani”) who has alleged causes of action against Fitness and Thrive Business Development, Inc. (“Thrive”) for conversion and injury to real property by removal of equipment. VCU288828 – Fitness v. Moshin (the “Fitness Case”) The Fitness Case matter involves Fitness's al...
2023.02.14 Motion for Summary Judgment, Adjudication 445
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.02.14
Excerpt: ... property at issue containing the residential space rented to tenants. A fire originating from storage sheds located on the property spread to the space rented by the plaintiffs and, they allege, destroyed their property, forced them out of their home, and caused them emotional distress. Plaintiffs' complaint Plaintiffs allege a cause of action for general negligence and a second premises liability cause of action including, amongst three separat...
2023.02.14 Motion for Leave to File Amended Complaint 865
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.02.14
Excerpt: ...e and common counts involving alleged damage to commercial property, failure to pay late charges, taxes and failure to pay commission. GPC answered the complaint, but thereafter, on February 7, 2022, filed for Chapter 7 bankruptcy. On or about June 6, 2022, a notice of filing report of no distribution was sent to Plaintiff by the bankruptcy trustee setting June 30, 2022 for objections. Plaintiff apparently made no objection and Plaintiff's unders...
2023.02.14 Motion for Final Approval Class Action, for Attorney Fees 886
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.02.14
Excerpt: ...ass action and PAGA settlement, attorneys' fees, costs, enhancement award, LWDA payment and class certification for settlement purposes came on for hearing on February 14, 2023. The Court finds and rules as follows: On January 18, 2022, the settlement administrator ILYM Group, Inc, through its Case Manager, filed a declaration detailing the following events. On September 1, 2022, the administrator received a list of 248 potential class members fr...
2023.02.14 Motion for Attorney Fees 434
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2023.02.14
Excerpt: ... debt Defendant incurred for the care of her children. Plaintiff alleged causes of action including open book account and account stated. Defendant now seeks recovery of her costs, including attorneys' fees, as the prevailing party on an action for an open book account. Defendant seeks attorneys' fees of $960.00 and other costs of $409.31. Authority and Analysis A prevailing party is entitled to recover costs as a matter of right. (Code Civ. Proc...
2023.02.14 Demurrer to TAC, Motion to Strike 248
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.02.14
Excerpt: ...rterville Police Department; Defendants shall have ten (10) days to file an answer. Facts Common to (1) and (2) Plaintiff filed this third amended complaint against Defendants City of Porterville and Porterville Police Department and individual Defendants Castellow, Barteau, Kroutil and Benas. As relevant here, Plaintiff alleges the third cause of action for harassment against all Defendants and the seventh cause of action against Defendants Cast...
2023.02.09 Motion to Set Aside or Vacate Summary Judgment 431
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.02.09
Excerpt: ..., All-Pro Bail Bonds, posted bond number 527355188-1, in the amount of $20,000 for the release of the Criminal Defendant from custody. On July 30, 2019, Criminal Defendant was released from custody. On November 19, 2020, Criminal Defendant appeared in court for a preliminary hearing examination. There appears to be a central factual dispute as to whether the Criminal Defendant was in custody or out of custody at the November 19, 2020 preliminary ...
2023.02.09 Motion for Summary Judgment 084
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.02.09
Excerpt: ... Compel Initial Responses to Special Interrogatories of Plaintiff Amber Burkett; (4) Defendants Fareid Dental Corporation Dba Packwood Creek Dental and Bevan Fareid, D.D.S's Motion to Compel Initial Responses to Production of Documents of Plaintiff Eric Burkett; (5) Defendants Fareid Dental Corporation Dba Packwood Creek Dental and Bevan Fareid, D.D.S's Motion to Compel Initial Responses to Responses to Production of Documents of Plaintiff Amber ...
2023.02.07 Motion for Appellate Attorney Fees 177
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.02.07
Excerpt: ...rt's ruling as to Defendant Beitler's appeal and Plaintiff's cross-appeal. At the trial court level, this Court found that Defendant Beitler is Defendant Force's alter ego. This Court further denied Plaintiff DPI's posttrial motion to amend the complaint as to adding a defendant to tits second, third and fourth causes of action for common counts. This Court's judgment of February 18, 2020 indicates that Plaintiff was entitled to recover the under...
2023.02.07 Motion for Class Certification 014
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.02.07
Excerpt: ...sentatives, and of their counsel as class counsel. In this wage and hour action, plaintiffs Guillermo Gonzalez and Nicolas Gonzalez move for class certification as to various defined classes of employees of their former employer, Sun Pacific Farming Cooperative, Inc. (Sun Pacific), and for appointment as class representative of, and for appointment of their counsel as class counsel for, the proposed classes. Plaintiffs seek certification as to th...
2023.02.07 Motion for Summary Judgment 720
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.02.07
Excerpt: ...use of action. In support, Defendant provides the following material facts. Defendant hired plaintiff in January 2019 as a staff dentist. (UMF No. 1.) During her employment, Plaintiff believed that not all patients were genuine, but rather some were placed by Defendant to harass her with foul language and other behavior. (UMF No. 3.) Additionally, Plaintiff believed she was being targeted by Defendant, given she had filed a complaint against her ...
2023.02.07 Motion for Judgment on the Pleadings, for Leave to Amend Answer 785
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.02.07
Excerpt: ...s he sustained in a forklift incident on September 4, 2019 involving acts by Defendant Gardener Trucking's (“Gardener”) employees. Plaintiff filed this matter July 14, 2021. On November 12, 2021, Gardener cross-complained against Southwest for six causes of action including express indemnity, breach of contract, equitable indemnity, comparative partial indemnity, contribution and declaratory relief. On January 21, 2022, Southwest answered Gar...
2023.02.06 Motion to Strike Punitive Damages 901
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2023.02.06
Excerpt: ...ough her Guardian ad Litem, filed this amended complaint alleging personal injury arising out of a motor vehicle versus pedestrian accident on or about May 2, 2022. Plaintiff complaint states motor vehicle, general negligence, and negligent infliction of emotional distress causes of action against Defendant Margarita Gonzalez de Mancilla, the driver of the vehicle and, against Defendant Ignacio Mancilla, the vehicle's owner. However, as Defendant...
2023.02.06 Motion to Disqualify Counsel 659
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2023.02.06
Excerpt: ...+ Kinkhead LLP (collectively, LBBK), as counsel for defendants Yasir Anwar, Mayra Anwar, and Yasir Anwar and Mayra Anwar as Trustees of the Anwar Family Trust Dated March 12, 2012 (collectively, Anwar Defendants). Movants contend a conflict of interest exists between LBBK's representation of the Anwar Defendants and its representation of American Alternative Insurance Corporation (AAIC), Yasir and Mayra Anwars' insurer under a personal umbrella l...
2023.02.06 Motion to Bifurcate Trial 288
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2023.02.06
Excerpt: ...mployment with Edison Mini Mart, was driving while intoxicated and at an unsafe speed. Further, that Defendant ran through a stop sign at the intersection of Tea Pot Avenue and Indiana Street and collided with a parked 1993 Ford Ranger. The force of the collision caused the Ford Ranger to plow into Plaintiff, causing him severe injuries that included the amputation of both legs, a hole in the aorta, a broken pelvis a broken right shoulder blade, ...
2023.02.06 Motion to Bifurcate Issues of Standing and Judicial Estoppel for Issues of Liability and Damages at Trial 547
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2023.02.06
Excerpt: ...evrolet Malibu (the “Subject Vehicle.”) Plaintiffs seek damages for breach of implied and express warranty. Plaintiffs filed this case November 23, 2021. Defendant notes that on July 27, 2022, Plaintiffs filed for Chapter 7 bankruptcy, but did not list this lawsuit on the bankruptcy petition and schedules, declaring no pending lawsuits or claims of any kind. Defendant notes that a section 998 offer of $31,000 was offered to Plaintiffs in June...
2023.02.02 Motion to Compel Arbitration 698
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.02.02
Excerpt: ...rbitration and dismiss this matter on the basis of a signed arbitration agreement. Facts – Agreement to Arbitrate Defendants, in support of this motion, submit the declaration of its safety technician David Bernardi who personally handled the orientation process as to Plaintiff on January 28, 2022. (Declaration of Bernardi (“Bernardi Decl.”) ¶¶ 1,2.) On January 28, 2022, Mr. Bernardi provided various employment documents to Plaintiff, inc...
2023.02.02 Motion for Summary Judgment, Adjudication 500
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.02.02
Excerpt: ... Madrigal's Motion for Summary Judgment Plaintiff Burrell filed a single cause of action against individual defendant Abel Madrigal for (1) unlawful harassment on the basis of race under California Government Code §12940(j). Defendant Madrigal moves for summary judgment as to this cause of action, or, in the alternative, summary adjudication as to four issues that make up the elements of a prima facie case for harassment and the fifth for puniti...
2023.02.02 Motion for Summary Judgment, Adjudication 093
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.02.02
Excerpt: ...aye, sexually abused her during her fourth‐grade year at Summit Charter Academy‐Lombardi (Lombardi). Plaintiff additionally sues Lombardi, and the public‐school district of which it is a part, Burton Elementary School District (Burton). Plaintiff's first amended complaint includes first and second causes of action for assault and battery, as well as a fourth cause of action for intentional infliction of emotional distress, based on her abus...
2023.02.01 Motion to Enforce Settlement 701
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2023.02.01
Excerpt: ... The parties, on November 3, 2021, at the mandatory settlement conference, informed the Court they had reached a settlement, that the Court was to retain jurisdiction under Code of Civil Procedure section 664.6 to enforce the settlement. The material terms of the written settlement agreement, executed on November 2, 2021, appear to the Court as follows:  “1A $6,250 to be held in [Defendants' Counsel's] trust until issue of repairs is resolve...
2023.01.31 Motion to Seal Application to Proceed Under Fictitious Name and Grant Application 521
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.01.31
Excerpt: ...ves Plaintiff Jane Roe's complaint against the Apostolic Assembly of the Faith in Christ Jesus and Apostolic Assembly Church of Lindsay for negligence, negligent supervision, negligent hiring and negligent failure to warn, train, or educate resulting from alleged sexual abuse suffered by Plaintiff from 1994 to 2000 while Plaintiff was a minor. Plaintiff was born in 1990 and its not over 40 years old when this action was commenced. On December 15,...
2023.01.30 Motion for Preliminary Approval of Settlement of Class Action and PAGA 851
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2023.01.30
Excerpt: ..., providing an estimated average payout of $1,140.45 per member. The Class Members consist of: All current and former non‐exempt employees of Defendant in California who did not sign an arbitration agreement as of September 22, 2022 and worked for Defendant (“Settlement Class Members”) at any time during the period of July 19, 2017, through September 22, 2022 (“Class Period”). Plaintiff filed a complaint (“Complaint”) against Defend...
2023.01.30 Demurrer 094
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2023.01.30
Excerpt: ...es not indicate Plaintiff's interest in the Subject Property, as no boxes are checked under Paragraph 4 of the complaint. The Complaint is based upon a three‐ day notice to pay rent or quit, attached to the Complaint. The Notice, however, only states the amount due and that the rent must be delivered in person to a specific address. The period for which the rent is due is unknown and the usual days and hours of availability are not stated. Defe...
2023.01.30 Demurrer, Motion to Strike 813
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2023.01.30
Excerpt: ... sections identified by the Court. Facts Common to (1) and (2) Plaintiff Henry Oney, through his guardian ad litem, sues Defendant Kaweah for elder abuse and neglect under Welfare and Institutions Code section 15600, et seq., violation of resident rights under Health and Safety Code section 1430(b) and for negligence based upon his admission to and care at Defendant's various facilities. Plaintiff alleges, at the age of 67, he was admitted to Def...
2023.01.30 Motions for New Trial, for Leave to Amend Complaint, to Compel, for Protective Order, in Limine 229
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2023.01.30
Excerpt: ... are denied. Touchstone's motion to compel further production of documents or, if applicable, further responses regarding Wonderful's inability to comply, is granted. Wonderful to provide further documents/responses within 30 days of notice of this ruling. Touchstone's motions to compel Wonderful to produce Noah Sa, Isidro Frias, Jose Frias, Augusto Ramirez, and Isidro Cortez for deposition, and to produce Todd Consolascio and Dave Szeflin for fu...
2023.01.30 Motion for Summary Judgment 548
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2023.01.30
Excerpt: ... in a motion for summary judgment is to delimit the scope of the issues; the function of the affidavits or declarations is to disclose whether there is any triable issue of fact within the issues delimited by the pleadings.” (Juge v. County of Sacramento (1993) 12 Cal.App.4th 59, 67, citing FPI Development, Inc. v. Nakashima (1991) 231 Cal. App. 3d 367, 381‐382.) Plaintiff alleges causes of action for “Discrimination, Retaliation, and Haras...
2023.01.30 Motion to Compel Arbitration 052
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2023.01.30
Excerpt: ...arious California Labor Code violations on a class action basis as well as for civil penalties under PAGA against Defendants UBEO West, LLC, f/k/a RAY A. MORGAN COMPANY, LLC and RMC A RAY MORGAN COMPANY, LLC. Defendants seek to compel this matter to arbitration based upon an agreement to arbitrate presented to Plaintiff during his employment. Facts – Agreement to Arbitrate In support, Defendants present the declaration of its Regional Director ...
2023.01.30 Petition to Appoint Provisional Director 845
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2023.01.30
Excerpt: ...Corporation. (Petition ¶¶ 1, 2, 3, 6.) The verified petition indicates Respondent James Paggi is Petitioner's brother, named RMO of the Corporation, is not individually licensed by the State Contractor's License Board. (Petition ¶¶ 4.) The Corporation's bylaws indicate the Corporation shall have a Board of Directors consisting of two members. (Petition ¶7.) Petitioner and Respondent currently hold those positions. (Petition ¶7.) Petitioner ...
2023.01.27 Motion to Vacate Default Judgment and Stay Execution of Judgment 502
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2023.01.27
Excerpt: ...�) On November 16, 2022 the complaint was filed. On December 5, 2022, Plaintiff filed a proof of service indicating posting at the Subject Property and mailing service on Defendant occurred on December 2, 2022. On December 22, 2022, default judgment was entered and the writ of possession was issued on January 3, 2023. On January 25, 2023, Defendant file this ex parte motion to vacate the default judgment and/or stay this matter. Defendant states ...
2023.01.26 Motion to Set Aside Default and Stay Execution 320
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.01.26
Excerpt: ...s plus interest and attorneys' fees of $522.50. The complaint was filed November 12, 2021. On March 25, 2022, Plaintiff filed a proof of service indicating substitute service as to David Ortiz, a purported co‐resident occurred on March 23, 2022 at 7:58 pm at 3224 East Cathie Court, Visalia, CA 93292. The proof of service was completed by a registered process server. The proof further indicates three attempts at service at the residence indicate...
2023.01.24 Motion to Compel Arbitration 065
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.01.24
Excerpt: ...dress this issue. The Court has integrated this supplemental briefing and analysis into this ruling. On or about September 4, 2020, plaintiff purchased a new 2019 Nissan Maxima VIN 1N4AA6AV4KC383429 (“Vehicle”) from a dealer pursuant to a retail installment sales contract (“RISC”). (Complaint ¶ 3.) The complaint alleges “Plaintiff delivered the nonconforming Vehicle to NNA's authorized repair facilities for repairs pursuant to the term...
2023.01.24 Motion for Change of Venue 366
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.01.24
Excerpt: ...t states that “Venue is proper in this Court because, upon information and belief, Defendants reside, transact business, or have offices in this county, and the acts and omissions alleged herein took place in this county” (FAC ¶9.) “Defendants employed Plaintiff and other California residents as non‐exempt employees throughout California at Defendants' California business location(s)” and “Defendants continue to employ non‐ exempt ...
2023.01.23 Motion for Final Approval Class Action, Attorney Fees 451
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2023.01.23
Excerpt: ... for 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 January 23, 2023. The Court finds and rules as follows: On December 30, 222, the settlement administrator ILYM Group, through its Case Manager, filed a declaration detailing the following events. On August 12, 2022, the administrator received a mailing list of 79 po...
2023.01.23 Motion for Change of Venue 288
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2023.01.23
Excerpt: ...mployment with Edison Mini Mart, was driving while intoxicated and at an unsafe speed. Further, that Defendant ran through a stop sign at the intersection of Tea Pot Avenue and Indiana Street and collided with a parked 1993 Ford Ranger. The force of the collision caused the Ford Ranger to plow into Plaintiff, causing him severe injuries that included the amputation of both legs, a hole in the aorta, a broken pelvis a broken right shoulder blade, ...
2023.01.19 Motion for Ruling on Issue Affecting Determination of Compensation 825
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.01.19
Excerpt: ...w by and through the High‐Speed Rail Authority (Authority)), commenced this proceeding in November 2017 “for the purpose of acquiring property necessary for high‐speed train system purposes …” pursuant to authorization under a 2017 Resolution of Necessity with respect to certain real property and interests described in the initial complaint. That original complaint provided (for the convenience of the court and parties, not as allegatio...
2023.01.19 Motion for Summary Adjudication 858
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.01.19
Excerpt: ...ed) The Subject Property, however, included 2.48 acres on the eastern and northern portion containing equestrian facilities operated by Defendants Marily Reese and Sequoia Hills Stables, LLC pursuant to a life estate (“Life Estate.”) The scope of that Life Estate as to the exclusive use of a northern driveway is at issue here. Defendants contend that exclusive use of the northern driveway is reflected in the agreements and recording with Plai...
2023.01.12 Motion to Vacate Default Judgment and Stay Execution of Writ 468
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2023.01.12
Excerpt: ...This is an unlawful detainer matter involving 1435 North Crawford Avenue #E106 Dinuba , CA 93618 (“Subject Property.”) On November 4, 2022 the complaint was filed. On December 19, 2022, Plaintiff filed a proof of service indicating posting and mail service on Defendant Chavez occurred on November 5, 2022. On December 19, 2022, default judgment was entered for possession only and the writ of possession was issued. On January 11, 2023, Defendan...
2023.01.12 Application to Seal Portions of Administrative Record 990
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2023.01.12
Excerpt: ...er of the board of directors of Sierra View, challenges his “censure” by respondent Sierra View's board, which it issued after receiving a confidential complaint from Sierra View CEO, Donna Hefner, about comments made by Pandya that the board deemed offensive. Pandya challenges, by petition for writ of mandate, both the board's initial determination to issue the censure, and its affirmation of that determination following a board reconsiderat...
2023.01.10 Motions to Compel Further Responses 410
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.01.10
Excerpt: ... award sanctions; (5) To grant the motion; Plaintiff shall have thirty (30) days from notice of this ruling to provide a statement of damages; Defendant shall give notice. Facts Common to All Motions This litigation arises from Plaintiff's allegation of negligence and premises liability against Defendant Lowes. Plaintiff claims Defendant is responsible for the injuries sustained when Plaintiff climbed and fell from a bay within Defendant's retail...
2023.01.10 Motion to Compel Arbitration 407
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.01.10
Excerpt: ...d nursing facility located at 350 North Villa Street (the “Facility.”) Plaintiffs are the heirs and successors in interest to Decedent and filed this case November 12, 2021. This matter is set for trial March 13, 2023. Plaintiffs allege Defendants knew, via the physical state of Decedent upon arrival, that Decedent was dependent on Defendant for all daily activities including “feeding and dietary planning, skin care, hygiene, infection cont...
2023.01.10 Motion to Compel Arbitration 065
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.01.10
Excerpt: ...nforming Vehicle to NNA's authorized repair facilities for repairs pursuant to the terms of the warranties. It is clear that NNA is unable to fix, remedy and/or repair the Vehicle to conform to the warranty. The multiple failed inspection and repair attempts have proven willfully unsuccessful in resolving the issues.” (Complaint ¶8.) Plaintiff brings causes of action for: (1) Violation of the Song‐Beverly Consumer Warranty Act ‐ Breach of ...
2023.01.09 Demurrer 381
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2023.01.09
Excerpt: ... of contract causes of action. Facts Plaintiffs sue Defendants Kevin Park and Tara Park for fraud, negligent misrepresentation, conversion and breach of contract based on the attempted sale of a business known as KTR Liquidations. Defendant Tara Park demurs to the complaint on the basis that each cause of action fails to set forth sufficient facts which state a cause of action against her personally. As to Defendant Tara Park, the Court notes the...
2023.01.09 Application to Appear as Counsel Pro Hac Vice, for Stay 780
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2023.01.09
Excerpt: ...oper notice was given to all parties affected to attorney Thomas J. Bullock's application to appear pro hac vice for Defendant. The Court finds that attorney Bullock meets the statutory requirements under California Rule of Court 9.40(a) to submit an application to appear pro hac vice before this Court, and that the contents of this applications of attorney Bullock indicates an association with California counsel Joshua Kasta of Bailey Glasser, L...
2023.01.05 Motion to Seal Certificate of Merit, Serve Doe Defendants, Amend Complaint, and Proceed Under Fictitious Name 358
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.01.05
Excerpt: ...ous name. Facts On September 14, 2022, Plaintiff S.C. sued Defendant Doe 1 for negligence based on incidents alleged to have occurred in foster care when Plaintiff was a minor. Plaintiff is over 40 years old at this time. On November 9, 2022, Plaintiff filed, and the Court granted, an ex parte motion to file the documents in support of this motion under seal. Thereafter, Plaintiff filed various documents in support of this motion to seal certific...
2023.01.05 Motion for Entry of Judgment 918
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.01.05
Excerpt: ...lement agreement contains a provision that the Court will retain jurisdiction over the matter pursuant to Code of Civil Procedure 664.6. However, the Court notes this provision, contained in the settlement agreement, was not placed before the Court in any manner through any filing. However, the Court also notes this matter has not been dismissed as of the date of this hearing. Plaintiff seeks entry of judgment in the amount of $3,560.23 inclusive...
2023.01.03 Motion for Summary Judgment 991
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.01.03
Excerpt: ...tiff had adequately disputed a number of material facts that precluded the Court from ruling in Defendant's favor as to the rational basis for Plaintiff's termination and Plaintiff's outside work. The central, additional fact to this renewed motion appears to be as follows: “Since the court's consideration of Altura's prior motion for summary judgment, Riaz has filed 18 cases in Tulare County alone claiming allegations similar to those against ...
2023.01.03 Motion to Compel Arbitration, Depositions 908
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.01.03
Excerpt: ...d a number of wage and hour violations against Defendants Phytech US, Inc. and Defendant Oren Kind. Initially, it appears that Phytech did not produce an arbitration agreement in discovery propounded by Plaintiff, but counsel for Phytech indicates receipt of “a copy of the actual arbitration agreement Plaintiff Melodie Furtado agreed to in connection with her employment with Phytech on November 8, 2022.” (Declaration of Raquel Rotman (“Rotm...
2023.01.03 Motion to Proceed Under Seal, Seal Certificates of Merit, Proceed with Service and Under Fictitious Name 348
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2023.01.03
Excerpt: ...cts On November 29, 2022, Plaintiff John MF Doe sued Defendant Doe 1 School district for various negligence theories, intentional infliction of emotional distress and sexual battery for incidents alleged to have occurred when Plaintiff was 17 years old by an employee of Defendant School District while Plaintiff attended high school. Plaintiff is now over 40 years old. On December 1, 2022, Plaintiff filed a motion to seal application to proceed wi...
2023.01.03 Motion to Vacate Default Judgment and Stay Execution of Judgment 547
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.01.03
Excerpt: ...rent. Facts This is an unlawful detainer matter involving 233 W. Tulare Avenue #B, Visalia, CA. 93277, Tulare County (“Subject Property.”) The Court notes this is an action for unlawful detainer based upon a three day notice to pay rent or quit. On November 14, 2022 the complaint was filed. The complaint, summons and accompanying documents were served personally on Defendant O'Neal on November 20, 2022 by a registered process server. On Decem...
2023.01.03 Petition for Compromise of Minors' Claims 442
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2023.01.03
Excerpt: ...as to (1) 6‐year‐old Claimant Chelsea Jacobo is Tania Jacobo, parent and guardian ad litem. The Petitioner as to (2) 9‐year‐old Claimant Rumaldo Jacobo is Israel Jacobo‐Perez, guardian ad litem and parent. Petitioners bring these petitions to approve the compromises of settlement offers to the minor children. This matter involves an automobile accident. On or about October 11, 2019, both Claimants were passengers in a motor vehicle. (Am...
2022.12.30 Motion to Vacate Default Judgment and Stay Execution of Judgment 545
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.12.30
Excerpt: ... the date of this hearing. The Court intends to set this matter for trial at this hearing. Facts This is an unlawful detainer matter involving 1016 E. Mineral King #7 Visalia, CA 93292 (“Subject Property.”) The Court notes this is an action for unlawful detainer for breach of covenant as to occupancy by unauthorized persons and the existence of more than one pet. On November 21, 2022 the complaint was filed. The complaint, summons and accompa...
2022.12.27 Petition for Minor's Compromise 289
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.12.27
Excerpt: ...telyn Kable. Petitioners bring this a petition to approve the compromise of a settlement offer to the minor child. According to the Petition, on March 22, 2022, the minor was crossing the street in the crosswalk before school when Defendant Ryan Jones, in the course and scope of his employment with Weed Man Company, struck Claimant while driving a Weed Man Company. (Petition at 5.) Injuries and Treatment The minor child suffered a skull fracture,...
2022.12.27 Motion to Strike Punitive Damages 417
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.12.27
Excerpt: ...t alleges causes of action for trespass and ejectment. Plaintiffs in this case are Mikal Jones, Angela Anderson, and Bi‐Rite Auto Transport, Inc., (collectively “Bi‐ Rite”) and involved Defendant PVCC's irrevocable license for its canal and access to that canal for maintenance and repair as to Plaintiff BiRite's properties. (SAC ¶2, 7.) Prior litigation between the parties has resulted in a 2013 Judgement and a 2018 Judgment which provid...
2022.12.27 Motion to File Amended Complaint 383
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.12.27
Excerpt: ...iff. Plaintiff also sued Defendants SCC Enterprises (Sequoia), Southern California Edison (SCE) and the owners of the rental, Norman and Martha Faucett. Specifically, the complaint alleges: “The defendants negligently allowed a dog to escape a backyard by bursting a pipe in the backyard of the property owner, taking down the side fence to allow access to the backyard, and failing to replace the fence once work for the evening had ended, allowin...
2022.12.27 Demurrer, Motion to Strike Punitive Damages 142
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.12.27
Excerpt: ...on to (1) and (2) Plaintiffs are the owners of property located at 43674 North Fork Dr (“Kiresich Property.”) (Complaint ¶1.) Defendants are the owners of adjacent property located at 43672 North Fork Dr (“Charles Property.”) (Complaint ¶2.) Plaintiffs have lived at the Kiresich Property since 1997. (Complaint ¶9.) At the time Plaintiffs moved in, a metal chain link fence separated the Kiresich Property and the Charles Property. (Compl...
2022.12.22 Motion to Set Aside or Vacate Dismissal 043
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.12.22
Excerpt: ...r about September 8, 2009 for the sum of $15,960.98. (Declaration of Mahfouz II ¶3.) On or about December 10, 2013, the parties resolved this matter via a settlement agreement and for payment of the sum of $8,823 by a $50 down payment and installments of $50 per month. (Declaration of Mahfouz II ¶¶ 5, 6 – Ex. A.) The agreement states that should Defendant fail to make a payment on the fifteenth of each month, she will be deemed to be in defa...
2022.12.21 Motion to Vacate Default Judgment and Stay Execution of Judgment 722
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2022.12.21
Excerpt: ...salia, California, 93291 (“Subject Property.”) The Court notes this is an action for unlawful detainer after a foreclosure sale. On September 9, 2022 the complaint was filed. On October 6, 2022, Plaintiff filed a proof of service indicating substitute service on Defendants Tressie B. Williams, Emma Warren and all other occupants in possession of the premises occurred by service on “Tracy Doe” listed as an occupant of the Subject Property ...
2022.12.20 Demurrer to SAC 359
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2022.12.20
Excerpt: ...t May 17, 2020, Mr. Hernandez drowned in the Sequoia National Forest at a location on the Tule River near Springville known as Brad's Hole. (SAC Attachment ¶ 3.) The Court notes the initial complaint was filed June 15, 2021. The initial complaint alleged premises liability against, amongst others, the City of Tulare and Does 1 through 10 arising out of the May 17, 2020 incident described above. Relevant here, the Second Amended Complaint states,...
2022.12.15 Demurrer, Motion to Strike 571
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.12.15
Excerpt: ...ld as well as corresponding damages suffered by her child as a result of conduct that took place at Defendant Victoria Ramirez Family Childcare, presumably owned by Defendant Victoria Ramirez. (Complaint ¶¶ 1, 10, 11, 14, Attachment – General Negligence.) Defendants Victoria Ramirez and Victoria Ramirez Family Daycare demurrer for failure to state a cause of action against defendants under Code of Civil Procedure section 430.10(e), as Plainti...
2022.12.15 Motion to Strike Punitive Damages 466
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.12.15
Excerpt: ...tention or training and (3) negligent entrustment of a motor vehicle. Although Plaintiff's prayer seeks punitive damages for the complaint as a whole, Plaintiff sets forth allegations as to punitive damages as to the second and third causes of action. This is a personal injury case wherein Plaintiff alleges the Defendant driver Sergio Villanueva, employed by Defendant Aaron's Inc., was negligent in his operation of Defendant Aaron's vehicle when ...
2022.12.15 Petition for Writ of Mandate 898
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2022.12.15
Excerpt: ...section 1094.5, subdivision (c) provides the basic framework by which an aggrieved party to an administrative proceeding may seek judicial review of any final order or decision rendered by a state agency.” (Mann v. Department of Motor Vehicles (1999) 76 Cal.App.4th 312, 320.) Vehicle Code section 13559, however, which is the specific enactment regarding judicial review of administrative suspension of driving privileges due to driving with exces...
2022.12.14 Demurrer 414
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.12.14
Excerpt: ...he ability to bring the City back into the case 120 days before trial), but that this agreement has not been executed by the parties. Facts This premises liability action alleges Plaintiff was injured at “the premises at or near CA‐43 & Ave 120, Corcoran, CA 93212, such that an uneven and/or broken and/or deteriorating roadway was allowed to exist and be left in disrepair” and “Defendants failed to barricade the area and/or to warn of the...
2022.12.13 Petition for Compromise of Minors 442
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2022.12.13
Excerpt: ...rth below. Facts The Petitioner as to (1) 6‐year‐old Claimant Chelsea Jacobo is Tania Jacobo, parent and guardian ad litem. The Petitioner as to (2) 9‐year‐old Claimant Rumaldo Jacobo is Israel Jacobo‐Perez, guardian ad litem and parent. Petitioners bring these petitions to approve the compromises of settlement offers to the minor children. This matter involves an automobile accident. On or about October 11, 2019, both Claimants were pa...
2022.12.13 Motion to Strike Answer and Enter Default Judgment 559
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2022.12.13
Excerpt: ...Inc. for open book and account stated. On February 10, 2022, Defendant Juan Torres Construction Inc., represented by counsel, filed an answer. On November 7, 2022, Defendant Juan Torres Construction Inc. filed a substitution of attorney which purported to substitute out counsel and substitute in Juan Torres, in pro per, for Defendant Juan Torres Construction Inc. Defendant Juan Torres Construction Inc. is a corporate entity. Defendant Juan Torres...
2022.12.13 Demurrer, Motion to Strike 248
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.12.13
Excerpt: ... addresses most of the issues raised in the demurrer and motion to strike. The Court notes Defendants' demurrer to the first cause of action on the basis that no FEHA cause of action lies against individual defendants. The Defendants also demurrer to the seventh cause of action for intentional infliction of emotional distress on the basis that the public entity Defendants City of Porterville and Porterville Police Department are immune (as well a...
2022.12.13 Demurrer 800
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2022.12.13
Excerpt: ...nded complaint against Defendant Sandy Mason, individually, and in her capacity as Personal Administrator of the Estate of Christopher Mason, decedent for possession of personal property. Paragraph 12 of the first amended complaint indicates: “This action was initially filed in April 2022, prior to defendant Sandy Mason filing her petition for probate in Tulare County Superior Court Case No. PPR051323. A creditor's claim against the estate has ...
2022.12.13 Application to Vacate Default Judgment and Stay Execution of Judgment 044
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2022.12.13
Excerpt: ... an ex parte motion to set aside default judgment and stay execution of judgment. On November 7, 2022, this Court granted the stay and continued the motion to this date. This is an unlawful detainer matter involving 1512 N Cobb St #3 Porterville CA 93257 (“Subject Property.”) This matter is based upon a 3‐day notice to pay rent or quit. On October 4, 2022, the complaint was filed. On October 13, 2022, Plaintiff filed a proof of service indi...
2022.12.12 Motion to Strike Punitive Damages 901
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2022.12.12
Excerpt: ...is complaint alleging personal injury arising out of a motor vehicle versus pedestrian accident on or about May 2, 2022. Plaintiff complaint alleges motor vehicle, general negligence, and negligent infliction of emotional distress causes of action against Defendant Margarita Gonzalez de Mancilla, the driver of the vehicle and, against Defendant Ignacio Mancilla, the vehicle's owner. Specifically, Plaintiff alleges Defendant Gonzalez de Mancilla f...
2022.12.12 Motion for Summary Judgment, Adjudication 209
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2022.12.12
Excerpt: ...MD and Defendant answered the amended complaint. (UMF Nos. 1, 2, 3.) Defendant then provides its expert's qualifications and opinion that Defendant did not breach the standard of care or cause Plaintiff's injuries. (UMF Nos. 4, 5, 6.) Specifically, Defendant's expert is Michael Margolis, MD who specializes in Obstetrics and Gynecology, including reconstructive surgery, which Defendant states includes the same type of surgery performed on Plaintif...
2022.12.12 Demurrer, Motion to Strike 990
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2022.12.12
Excerpt: ...e expected to confirm, in addition to a trial date, whether or not an administrative record will be submitted and/or whether the parties anticipate disputes concerning the presentation of documentary evidence and/or evidence in the form of written declarations. Demurrer Petitioner Guarang Pandya is a medical doctor and member of the board of directors of respondent Sierra View Local Health Care District, a public entity healthcare district. Guara...
2022.12.09 Motion for Relief from Court Judgment, Stay of Execution 922
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2022.12.09
Excerpt: ...h the writ of possession. Facts This is an unlawful detainer matter involving 4646 W. Caldwell Avenue, #H, Visalia, California 93277 (“Subject Property.”) On March 8, 2022, Plaintiff and Defendant Jose Hernandez, by stipulation, indicated that this matter had been resolved pursuant to a settlement agreement and that the Court retained jurisdiction under Code of Civil Procedure section 664.6 in event of a breach. This case was thereafter dismi...
2022.12.07 Motion to Set Aside or Vacate Judgment, Quash Writ of Possession 611
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.12.07
Excerpt: ...8, 2021, it became owner of the Subject Property by purchasing it at a trustee's sale held in compliance with California Civil Code section 2924. (Complaint ¶ 3.) Plaintiff alleges that title on the Subject Property pursuant to the foreclosure sale has been duly perfected in Plaintiff's name as of February 25, 2022, the date of recordation. (Complaint ¶ 3; Exhibit A) On September 8, 2022, Defendant Ronald Osburn filed three motions: (1) Motion ...

1881 Results

Per page

Pages