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2023.10.12 Motion to Stay or Consolidate, for Preliminary Injunction 198
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.10.12
Excerpt: ...ese landlords as well as other defendants alleged to be in a "joint venture," "partnership" or "common enterprise" with them. In the now second amended complaint, CIDF states various claims, the principal contentions of which are that the defendants failed to fix dairy equipment and fixtures, failed to pay for other miscellaneous items to be fixed, and failed to provide certain accommodations for CIDF's dairy operations, including water and waste...
2023.10.12 Motion for Extension of Time to Respond to Complaint 516
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.10.12
Excerpt: ... Doe 1 on March 15, 2023. On August 28, 2023, Doe 1 filed a fee waiver request and this motion for an extension of time. The motion indicates Doe 1 is incarcerated and was uncertain if his fee waiver would be accepted prior to filing a responsive pleading in this case. The fee waiver request was granted August 28, 2023. Plaintiff did not seek entry of default until September 7, 2023. Authority and Analysis The Court will grant Doe I's request for...
2023.10.10 Motion to Compel Arbitration 061
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.10.10
Excerpt: ...ference approximately six months from this hearing to April 9, 2024, 8:30 am, Dept. 7. On February 22, 2023, Plaintiff filed this action for failure to prevent harassment by non-employee and retaliation in violation of FEHA against, at all relevant times, her employer Defendant Twin Oaks Assisted Living LLC. (Complaint 98.) Plaintiff alleges that a live-in resident of the facility, former Defendant Faiman committed sexual battery and intentional ...
2023.10.10 Motion for Preliminary Injunction 539
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.10.10
Excerpt: ...peline located on Defendants' property. Plaintiff alleges causes of action for declaratory relief as to its easement, injunctive relief and for trespass. Plaintiff sought, and this Court entered, an ex parte temporary restraining order preventing Defendants from interfering with Plaintiff's water easement on August 7, 2023. The Court set this matter for the current hearing as to an order to show cause as to the entry of a preliminary injunction. ...
2023.10.10 Motion for Preliminary Approval of Class Action and PAGA Settlement 220
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.10.10
Excerpt: ...oss settlement amount is Plaintiff estimates approximately 110 proposed Class Members, providing an estimated average payout of $335 per member. The Class Members consist of: all current and former non-exempt, hourly-paid employees who worked in California for Central Valley Recovery Services, Inc. ("Defendant"), at any time during the period from January 26, 2018 through August 15, 2023 The operative complaint alleges (1) failed to pay overtime ...
2023.10.09 Motion to Strike Punitive Damages 935
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.10.09
Excerpt: ...aintiff alleges he is the assignee of Westlake Financial Services, LLC, dba Westlake Financial Services ("Westlake Financial), the named "Lender Loss Payee" and/or Additional Insured under ALJlC's Policy Number MIL4935650 (the "Policy"). (Complaint 9, 11-14.) Plaintiff sues under theories of breach of contract and breach of implied covenant of good faith and fair dealing. Plaintiff seeks punitive damages on the breach of implied covenant theory. ...
2023.10.09 Motion to be Relieved, to Continue Trial 495
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.10.09
Excerpt: ...' Counsel Michael Daurio filed a motion to be relieved as counsel as to Plaintiffs Leticia collectively Salmeron surviving heirs Terriquez of Efrain and Cerjio Martinez Moreno, Martinez-Salmeron, Decedent. Plaintiffs' Counsel filed the following with respect to withdrawing: (1) MC-051 - Notice of Motion and Motion to be Relieved as Counsel; (2) MC-052 — Declaration in Support of Attorney's Motion to Be Relieved as Counsel; and (3) MC-053 - Orde...
2023.10.06 Demurrer 761
Location: Tulare
Judge: Roper, Glade
Hearing Date: 2023.10.06
Excerpt: ...lty for prevailing in a civil action under Civil Code section 1940.2(b) involving property located at 240 N. G. Street, Porterville, CA 93257 (the "Subject Property." ) The Complaint appears to allege retaliation and habitability issues. Vela alleges that Defendant Perez, as the person with whom she entered an oral lease agreement, breached the warranty of habitability and therefore she was excused from payment of rent that was otherwise due and ...
2023.10.05 Motion to Stay or Dismiss Complaint 107
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.10.05
Excerpt: ... motion to stay or dismiss this matter. Defendant's basis for this moton is that Defendant was, at all relevant times, a physician specializing in Obstetrics and Gynecology at Altura Centers for Health ("Altura"), a federally qualified health center ("FQHC") (Declaration of Banks 91.) Defendant states that Altura is an FQHC under the Federally Supported Health Centers Assistance Act of 1992 ("FSHCAA"), and therefore Altura and its officers and em...
2023.10.05 Motion to Compel Arbitration 829
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.10.05
Excerpt: ...retire and subsequently cash out the value of stock that Plaintiff had acquired over his years of employment pursuant to the Stock Redemption Agreement. (Complaint "6, 7, 9.) Plaintiff alleges he was induced to sign a document which purported to value and redeem his shares in the amount of $95,423.58. (Complaint "16, 17, 18, 21, 22.) The Stock Redemption Agreement contains the following term: "Arbitration. If any controversy or claim arising out ...
2023.10.05 Motion for Preliminary Approval of Class Action and PAGA Settlement 423
Location: Tulare
Judge: Bianco, John P
Hearing Date: 2023.10.05
Excerpt: ...s representative Plaintiff Francisco Medrano from the proposed amount of $10,000 to the typical amount of $5,000. Enhancement payments "are fairly typical in class action cases." (Cellphone Termination Fee Cases (2010) 180 Cal.App.4th 1110, 1393.) Enhancement payments "are intended to compensate class representatives for work done on behalf of the class, to make up for financial or reputational risk undertaken in bringing the action, and, sometim...
2023.10.05 Motion for Final Approval of Class Action and PAGA Settlement, for Attorney Fees 985
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.10.05
Excerpt: ...f class action and PAGA settlement, attorneys' fees, costs, enhancement award, LWDA payment and class certification for settlement purposes came on for hearing on October 5, 2023. The Court finds and rules as follows: On September 8, 2023, the settlement administrator Phoenix, through its Case Manager, filed a declaration detailing the following events. On April 27, 2023, the administrator received a mailing list of 341 potential class members fr...
2023.10.03 Motion to Enforce Settlement 638
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.10.03
Excerpt: ...f emotional distress involving Plaintiff's employment. Defendants Aequion lnc„ Seamans Capital Management, Richard F. Seamans, Eleanor Mulvaney Seamans, and Aequion, LLC were alleged to be Plaintiff's "employers." (Complaint 4-8.) Plaintiff was employed by initially by EMOH Company LLC, which then became Aequion LLC in 2018 and later was incorporated into Aequian, Inc. in August 2019. Plaintiff generally alleges he was not paid his full wages, ...
2023.10.03 Motion for Summary Judgment 542
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.10.03
Excerpt: ...tiffs' decedent, Gary Franks, Sr., after he fell and hit his head at home, by failing to timely diagnose and treat a subdural hematoma when he presented to Kaweah Health Medical Center on January 21, 2021, resulting in his death. (UMF Nos. 1, 15, 31.) Plaintiffs' decedent, Gary Franks, Sr., died on January 24, 2021. (UMF Nos. 8, 22, 39.) Plaintiffs filed this complaint on February 22, 2022 for as single cause of action for wrongful death based on...
2023.10.02 Motion for Leave to File Amended Complaint and Continue Trial 843
Location: Tulare
Judge: Bianco, John P
Hearing Date: 2023.10.02
Excerpt: ... involving a solar purchase by Plaintiff in 2015, various representations made thereof, and the assignment of Plaintiff's solar loan, and servicing of Plaintiff's solar system, to various named Defendants, including Complete Solar Inc. ("CSI") and JAK Solar Loans 1 Limited ("JSL") after Plaintiffs initial purchase. Plaintiff now seeks to file a second amended complaint: a) naming Flextronics International USA, Inc. ("FLEX") as a defendant; b) cla...
2023.10.02 Demurrer 948
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.10.02
Excerpt: ...ks, amongst other relief, an order determining two real properties—one in Tulare, the other in Modesto—and certain entity ownership interests are assets of the estate of Gilberto Cortez. Colin, who claims to have purchased the Modesto property, demurrers to the petition on various grounds. Colin's demurrer implicates a limited set of the broader collection of allegations in the petition—those bearing on the Modesto property he claims to law...
2023.10.02 Demurrer 115
Location: Tulare
Judge: Bianco, John P
Hearing Date: 2023.10.02
Excerpt: ...endant, Farmersville Police Department and naming individual Defendants Jenifer Gomez, Jay Brock, Ralph Vasquez. Plaintiff alleges she turned in a complaint form June 12, 2021 to Farmersville Police Department regarding an incident that occurred May 12, 2021. (FAC 92.) Plaintiff seeks a declaratory judgment for injunctive relief that "defendants must conduct an uncorrupt investigation on the plaintiffs formal written complaint relating to sexual ...
2023.09.28 Motion for Leave to File Complaint 469
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.09.28
Excerpt: ...a has sued Defendants Food for Athletes, Inc., Gary Ferguson, Darren M. Long, Sr„ Brian Martinho, Becky Long and Darren Long, Jr. for breach of contract, elder abuse, constructive fraud, promissory fraud, unlawful business practices, shareholder inspection and direct suit for breach of fiduciary duty. Plaintiff filed this action September 22, 2022. Plaintiff alleges he became a shareholder in Food for Athletes starting in 2017 and continuing th...
2023.09.28 Motion for Change of Venue 177
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.09.28
Excerpt: ... of the transfer fee in the sum of $50 payable to the Tulare County Superior Court and the submission of a separate check for the filing fee in the sum of $435.00 payable to Fresno County Superior Court, to be submitted to the Tulare County Superior Court, to effectuate the transfer. The Court sets this matter outto November 30, 2023, 8:30 am, Dl, for status of the payment of the transfer costs to this Court and this Court's transmittal of the ma...
2023.09.26 Motion for Protective Orders 060
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.09.26
Excerpt: ... The Court intends to inquire as to the status of this deposition and whether the motion for protective order has been rendered moot. Plaintiff alleges she was a foster child in the care and custody of the County of Tulare. Plaintiff alleges she was placed with a foster family where she was sexually abused as a minor. Plaintiff took the deposition of the County's PMQ on August 16, 2023 including topics for the time period 1993 through 1995. The C...
2023.09.26 Motion for Leave, to Reconsider Special Motion to Strike 024
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.09.26
Excerpt: ...September 1, 2023, Plaintiff filed this moton to reconsider and for leave to file an amended complaint. Authority and Analysis Though Plaintiff does not indicate a statutory basis for this motion, the motion references reconsideration. Code of Civil Procedure section 1008, states: "(a) When an application for an order has been made to a judge, or to a court, and refused in whole or in part, or granted, or granted conditionally, or on terms, any p...
2023.09.26 Demurrer to SAC 047
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.09.26
Excerpt: ...trict ("VUSD.") In sum, the Court previously found that the first amended complaint generally alleging compliance with the Tort Claims Act as to VLJSD. However, more specific allegations of the first amended complaint, as well as VUSD's request for judicial notice of Plaintiff's prior opposition to demurrer that claims appear to have been presented to the City of Visalia and County of Tulare, contradicted that general statement and the Court sust...
2023.09.26 Demurrer 378
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.09.26
Excerpt: ...uling sustaining the demurrer with leave to amend was based on Plaintiff's filing of this action on January 25, 2023, which the Court found to be over 90 days from the October 25, 2022 written notice of rejection of Plaintiffs claim against the estate of Decedent Christopher Mason pursuant to Probate Code section 366.2 The presentation of the underlying claim to the estate, the rejection thereof and the filing of this case are not in dispute. Pla...
2023.09.25 Demurrer 459
Location: Tulare
Judge: Bianco, John P
Hearing Date: 2023.09.25
Excerpt: ...hom the Trailer was purchased. Plaintiffs indicate they are "buyers" under California Civil Code S 2981(c) and S 1791(b). (Complaint 92.) Plaintiffs name Defendant FOREST RIVER, INC. (hereinafter "FOREST" and or "Defendant), as a manufacturer as defined by Civil Code SS 1791(j) and (l). (Complaint 93.) Plaintiffs name Defendant MAGIC TOUCH ("hereinafter 'MAGIC TOUCH'"), is a retailer as defined by Civil code S 1791(1). (Complaint "5, 7/) The comp...
2023.09.25 Motion for Prejudgment Possession 553
Location: Tulare
Judge: Bianco, John P
Hearing Date: 2023.09.25
Excerpt: ...r ruling denying Caltrans's first motion for prejudgment possession, the court found Caltrans had failed to establish an overriding need for early possession, having merely restated fts initial project objectives, and had only made a perfunctory showing that it would suffer hardship if early possession was denied. Caltrans had submitted a supporting declaration asserting only that "[i]f the State is denied possession[,] the daily damages are esti...
2023.09.25 Motion to Compel Arbitration 797
Location: Tulare
Judge: Bianco, John P
Hearing Date: 2023.09.25
Excerpt: ...ng the 271 Property to Kissinger for a ten (10) year term with rent at $5,300.00 per month, plus triple net expenses such as utilities, property taxes, and other charges ("Sublease." ) (Complaint 96.) The second agreement was a written lease agreement for Plaintiff, as lessee, to lease property located at 247 N. L Street ("247 Property") to Kissinger for a ten (10) year term with rent at $2,900.00 per month, plus triple net expenses such as utili...
2023.09.25 Motion to Deem RFAs Admitted 202
Location: Tulare
Judge: Bianco, John P
Hearing Date: 2023.09.25
Excerpt: ... on Defendant's service of substantially complaint responses prior to the hearing on this motion. Facts Common to (1) and (2) In this motor vehicle accident matter, Plaintiff served the complaint by substitute service on February 7, 2023 on Defendant J Abraham Bedoya Olivares and Defendant AB & Sons Enterprises. Defendant answered as Defendant J Abraham Bedoya Olivares doing business as AB & Sons Enterprises on August 23, 2023. Prior to the answe...
2023.09.25 Motion to Vacate Default Judgment, Stay Execution of Writ 461
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2023.09.25
Excerpt: ... to prepay per diem rent for the length of the stay. This unlawful detainer matter involves property located at 565 S. Walnut #A Porterville, CA 93257 ("Subject Property.") (Complaint 93.) The complaint alleges this is a sixty-day notice matter subject to the Tenant Protecton Act. (Complaint 99.) Pursuant to this Court's order on August 17, 2023, Plaintiff posted and mailed the summons, complaint and related documents on Defendant Brady on August...
2023.09.21 Motion for Relief from Default 464
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.09.21
Excerpt: ... made on August 3, 2023 at the Subject Pro#rty. The service was performed by a registered California process server. On September 5, 2023, default judgment was entered. On September 12, 2023, the writ was issued. On September 19, 2023, Defendant filed this ex parte motion for relief from default judgment. In support, Defendant indicates "I was never served." As to notice, Defendant indicates that notice to Plaintiff's attorney was provided via vo...
2023.09.21 Motion for Preliminary Approval of Class Action and PAGA Settlement 988
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.09.21
Excerpt: ...unt of Settlement (Net Estimated: $235,753.33) The gross settlement amount is $445, 130. Plaintiff estimates approximately 120 proposed Class Members, providing an estimated average payout of $1,960.00 per member. The Class Members consist of: "non-exempt employees employed and directly hired by Defendant KW in California at any time from January 3, 2018 through the date the Court grants preliminary approval, unless an earlier end date is selecte...
2023.09.21 Demurrer, Motion to Strike 198
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.09.21
Excerpt: ... ("Plaintiff" or "CIDF") fourth cause of achon for breach of oral contract against all Defendants and ninth cause of action for implied easement against the "Landlord" Defendants. Plaintiff's Second Amended Complaint defines "Landlord(s)" as Kourosh Malakan, Trustee of the Koroush and Golnaz Malakan Family Trust; Nader Malakan, Individually and as Trustee of the Nader Malakan Revocable Trust, Avila Ranch, and FG2 Holdings. This second amended com...
2023.09.19 Motion to Quash Service of Summons 344
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.09.19
Excerpt: ...orporation under the name "H & K, Inc." and states that the Plaintiff has been suspended by the Franchise Tax Board. Defendant provides a declaration detailing efforts to verify "H & K, Inc." In opposition, Plaintiff does not address this issue at all, but provides a summary of its argument in support of the complaint and of California community property law. Plaintiff does not provide any information or evidence as to the status of "H & K, lnc" ...
2023.09.19 Motion to Deem Vexatious Litigant, Demurrer 508
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.09.19
Excerpt: ...der; (2) To stay the litigation, including the demurrer, pend-ng the outcome of the reasonable probability determination under sections 391.1, 391.2 and 391.3. (1) Motion to Deem Plaintiff a Vexatious Litigant Defendant moves to declare Plaintiff Fraizer a vexatious litigant under Code of Civil Procedure sections 391, 391.1. 391.3 and 391.7 based on the continued relitigation of the same cause of action, claim and issues of fact and law that have...
2023.09.19 Motion for Attorney Fees 462
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.09.19
Excerpt: ... multiple repair visits without successfully remedying the issue. Plaintiff, on February 14, 2022, filed this Song Beverly achon for breach of express and breach of implied warranties. Plaintiff propounded written discovery on GM, consisting of 37 requests for admissions, 46 requests for production of documents, 49 special interrogatories and 27 form interrogatories. The parties disagreed as to the sufficiency of GM's responses and Plaintiff file...
2023.09.18 Motion for Summary Judgment 117
Location: Tulare
Judge: Bianco, John P
Hearing Date: 2023.09.18
Excerpt: ...ons that, in June 2017, Bell Carter solicited and obtained $1.25 million dollars from plaintiffs to protect their position as producers in the olive market; and that Bell Carter fraudulently concealed it was simultaneously engaged in negotiations with a large Spanish olive producer conglomerate, Dcoop, which culminated in Dcoop becoming the almost-exclusive supplier of olives to Bell Carter and the destruction of plaintiffs' position in the olive...
2023.09.18 Motion for Preliminary Approval of Class Action and PAGA Settlement 423
Location: Tulare
Judge: Bianco, John P
Hearing Date: 2023.09.18
Excerpt: ...tmates approximately 578 proposed Class Members, providing an estimated average payout of $924.88. per member. The Class Members consist of: "All current and former hourly-paid or non-exempt employees employed by Defendant G & J Heavy Haul, Inc. ("Defendant") within the State of California at any time between July 8, 2018, through June 3, 2023." Plaintiff primarily alleged the following violations: (a) Labor Code sections 510 and 1198 (unpaid ove...
2023.09.14 Demurrer, Motion to Strike FAC 992
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.09.14
Excerpt: ...n the fifth cause of action for fraud on the basis of a failure to allege a transactional relationship between GM and Plaintiff. Specifically, that the lack of allegations in the initial complaint that the Subject Vehicle was purchased from an authorized dealership or that the dealer is the agent for purposes of sale of GM vehicles to Plaintiff. (Dhita/ v. Nissan North America, Inc. (2022) 84 cal.App.5th 828, 844.) The First Amended Complaint all...
2023.09.14 Motion for Attorney Fees 679
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.09.14
Excerpt: ...ntiff, on December 7, 2021, filed this Song Beverly achon for breach of express and breach of implied warranties. Plaintiff' written discovery on GM, consisting of 37 requests for admissions, 46 requests for production of documents, 49 special interrogatories and 27 form interrogatories. The parties disagreed as to the sufficiency of GM's responses and Plaintiff filed various motions to com#l further responses and for a of GM's person most qualif...
2023.09.14 Motion for Judgment on the Pleadings 810
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.09.14
Excerpt: ...,395.06. Defendant answered the complaint on May 11, 2023, admitting all of the allegations of the complaint and stating that Defendant had tried to come to an arraignment with Plaintiff, but was unable to do so. Meet and Confer Plaintiff states that counsel attempted to contact Defendant regarding this Motion in accordance with Code of Civil Procedure section 439(a). "Before filing a motion for judgment on the pleadings pursuant to this chapter,...
2023.09.14 Motion to Stay or Consolidate 198
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.09.14
Excerpt: ... "joint venture," "partnership" or "common enterprise" with them. In the now second amended complaint, CIDF states various claims, the principal contentions of which are that the defendants failed to fix dairy equipment and fixtures, failed to pay for things to be fixed, and failed to provide certain accommodations for CIDF's dairy operations, including water and wastewater disposal accommodations. In a generally stated listing of prayers for rel...
2023.09.12 Motion to Amend Judgment 431
Location: Tulare
Judge: Roper, Glade
Hearing Date: 2023.09.12
Excerpt: ... 24, Rosario Soto who was erroneously sued as defendant, Rosorio Soto, appeared, took the oath under penalty of perjury, and submitted himself to the judgment debtor examination of Plaintiffs' counsel. At the judgment debtor examination, Rosario Soto represented that he was attempting to refinance his home to satisfy the Plaintiffs default judgment. On or about August 9, 2011, Plaintiffs received notice from the Internal Revenue Service that Rosa...
2023.09.07 Motion to Quash Subpoena Re Medical Records 502
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.09.07
Excerpt: ... an alleged slip and fall on an unknown substance while lawfully on Defendants' premises on September 29, 2020. After discovery responses identified providers who treated Plaintiff for injuries allegedly caused by the slip and fall and partial records containing redacted medical history, Defendant issued subpoenas to: (1) Raman Verma, MD; (2) Kaweah Delta District Hospital ROI Department; (3) Kaweah Delta District Hospital Visalia Films; (4) Kawe...
2023.09.01 Motion to Vacate Default Judgment, Stay Execution of Writ 671
Location: Tulare
Judge: Roper, Glade
Hearing Date: 2023.09.01
Excerpt: ... located at 313 South W Street, Porterville, CA 93257 ("Subject Property." ) (Complaint '13.) Plaintiff, representing himself, alleges an interest in the Subject Property as owner. (Complaint 93.) The complaint alleges this is a three day notice to pay rent or quit matter. (Complaint '19.) On August 17, 2023, Plaintiff filed a prtnf of service of the summons and complaint indicating personal service on Defendant was made on August 10, 2023 by a C...
2023.08.31 Motion to Set Aside Dismissal and Enforce Settlement 557
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.08.31
Excerpt: ...s commencing May 15, 2022 until the is paid in full. The parties executed a stipulation for settlement and obtained an order regarding stipulation for settlement and entry of judgment with an express reservation of the Court's jurisdiction under Code of Civil Prmædure section 664.6 prior to dismissal by the Court. Plaintiff indicates that, to date, Plaintiff has received only from Defendant. Defendant, therefore, seeks entry of judgment in the p...
2023.08.31 Motion for Prejudgment Possession 613
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.08.31
Excerpt: ...05C)- 037. The taking includes approximately 5,800 square feet of road right-of-way and fee title, and about square feet of temporary construction easements ("Subject Property." ) The project for which the property is to be acquired is the Road 67 Operational Improvements Project (the "Project"). The Project generally consists of repaving and widening a portion of Betty Drive between County Road 67 and Robinson Road, as well as installing drainag...
2023.08.30 Motion to Vacate Judgment After Trial and Stay Execution of Writ 066
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.08.30
Excerpt: ...n June 14, 2023 as against named Defendant Jose Garcia. Personal service appears effective against Julie Musgrave #rsonally on June 15, 2023. This is a sixty day notice to quit claim. On June 27, 2023, moving party Julie Musgrave filed a prejudgment claim of right of possession and answered the complaint. On July 7, 2023, the Court sent Defendant Musgrave, at the address listed on her answer, 27598 Highway 99, a notice of trial to be held July 31...
2023.08.30 Motion to Stay Execution of Writ 070
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.08.30
Excerpt: ...Edwards." Personal service appears effective against "Sherman Edwards" on June 15, 2023. On June 23, 2023, moving party Sheriron Edwards filed a prejudgment claim of right of possession and answer listing "27598 HY 99" as his address. On July 7, 2023, the Court sent Sheriron Edwards, at the address listed on his answer, a notce of trial to be held July 31, 2023 8:30 am in Department 7. On July 31, 2023, the Court held trial and entered judgment i...
2023.08.29 Motion to Vacate Default Judgment and Stay Execution of Judgment 088
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.08.29
Excerpt: ...cated at 1475 Hillcrest Avenue, Tulare, California 93274 ("Subject Property.") (Complaint 93.) The Court notes this action is based on a three day notice to pay rent or quit. Defendant Rush could not, according to various declarations of diligence filed in this Court, be personally served with the summons and complaint. Thereafter, Plaintiff applied for and received an order from this Court to effectuate service via posting and mailing under Code...
2023.08.29 Motion to Quash Doe Amendment 837
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.08.29
Excerpt: ...r; Kaweah Health Medical Group; and Does 1 to 40. On June 2, 2023, Plaintiff obtained an order permitting the naming of Doe 1 as Thomas Maclennan, M.D. On June 12, 2023, Plaintiff filed an amended complaint naming Sierria View District Hospital, Sierra View Medical Center and, as Doe 1, Defendant Dr. Maclennan (collectively "Defendants." ) Plaintiff alleges negligent medical care occurred during his hospitalization in April 2017 (FAC 2,3.) Specif...
2023.08.29 Motion for Preliminary Approval of Class Action and PAGA Settlement 951
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.08.29
Excerpt: ...ontinued it to this date to permit supplemental filings addressing the sufficiency of the amount this matter resolved for, the calculation of attorneys' fees and submission of the settlement to the LWDA. On August 21, 2022, Counsel filed a supplemental declaration addressing these issues. 1. Sufficiency of Amount of Settlement (Net Estimated: $24,845) The starting settlement amount is $343,000. Defendant previously paid $93,000 paid in connection...

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