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1872 Results

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2019.5.23 Motion for Trial Preference 144
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2019.5.23
Excerpt: ... Abuse under Welfare and Institutions Code §15610 et seq. and Trespass. Ms. Norton now moves the court for trial preference under CCP §36 because she claims to be 72 years old and the defendant is in his 80's. CCP §36(a) provides that “A party to a civil action who is over 70 years of age may petition the court for a preference, which the court shall grant if the court makes both of the following findings: (1) The party has a substantial int...
2019.5.23 Motion for Good Faith Settlement 790
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2019.5.23
Excerpt: ...ndants Wathen Castanos Hybrid Homes, Inc., Skyview Crest LP, Skyview Crest Partners, LLC and Wathen Castanos Project General Partners LLC subject to approval by this court. In exchange for this $2,500.00 payment, these defendants agree to release any and all claims against Granite Hills in this action and to defend and indemnify Granite Hills against any direct claims that the plaintiffs assert against Granite Hills. CCP § 877.6 affords the cour...
2019.5.23 Motion for Determination of Good Faith Settlement 784
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2019.5.23
Excerpt: ...n. This is a construction defect action where the plaintiffs have agreed to accept the sum of $10,384.62 from cross-defendant Fresno Precision Plastics, Inc., in exchange for a release of all claims arising out of Fresno Precision Plastics, Inc.'s work on the properties at issue in this action. Plaintiffs have also agreed to release Centex Homes from all liability arising out of the work performed by Fresno Precision Plastics, Inc. on the propert...
2019.5.23 Demurrers 912
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2019.5.23
Excerpt: ...ate. No response to the demurrers has been filed by Plaintiff. At Case Management Conference on May 13, 2019, Plaintiff indicated he would be filing an amended complaint. For purposes of a demurrer all properly plead facts and those reasonably arising by implication must be accepted as true. Couglas v. E. & J. Gallow Winery(1977) 69 Cal.App.3d 103, 114. An exception, however, is that the general rule is limited to those material facts properly pl...
2019.5.22 Motion to Enter Judgment or Enforce Settlement 821
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2019.5.22
Excerpt: ...nsumer Warranty Act (Civil Code §1790 et seq.) also identified as California's “lemon law.” Plaintiff Veronica Franco purchased a 2015 Jeep Cherokee from a dealership for defendant FCA US LLC on or about October 18, 2015. FCA US LLC is the manufacturer of this Jeep. Upon receipt of this Jeep, Ms. Franco became aware of a defect in this automobile that caused it to randomly and dangerously stall. Ms. Franco brought her Jeep to an authorized d...
2019.5.22 Motion to Enforce Settlement 453
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2019.5.22
Excerpt: ... a 2015 Chrysler 200 from a dealership for defendant FCA US LLC on or about February 12, 2016. FCA US LLC is the manufacturer of this 2015 Chrysler 200. Upon receipt of this automobile, plaintiffs became aware of an electrical defect in car that caused, among other things, inoperable turn signals, instrument cluster failure, failure to start or difficultly starting the engine, and failure of the radio. Plaintiffs brought her 2015 Chrysler 200 to ...
2019.5.22 Motion for Entry of Judgment Pursuant to Stipulation of Parties 187
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2019.5.22
Excerpt: ... that Mr. Gonzalez owed to FMCC in the principal amount of $15,765.16 plus interest at the rate of 4.49% per annum. The stipulation provided that Mr. Gonzalez would make monthly payments to FMCC in the amount of $200.00. Interest on the balance due under this stipulation would accrue at the 4.49% per annum. The stipulation also provided that in the event of a default that FMCC to move this court under CCP 664.6 to enter judgment in the amount due...
2019.5.22 Demurrer 451
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2019.5.22
Excerpt: ...The root of this action is a family dispute as to who inherits title to a 1930 Ford Model A and a 1951 Ford Coupe automobiles. Plaintiff's father Paul Hamilton King. Jr. held sole and exclusive title to these antique cars when he died intestate in May of 2017. Plaintiff contends that it was his father's intent that plaintiff succeed to sole and exclusive title to these Fords at the time of his death. But where Mr. King Jr. died without a will, th...
2019.5.22 Demurrer 021
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2019.5.22
Excerpt: ...South Mack Grinding. Defendants shall have twenty days' leave to answer the plaintiff's complaint OPERATIVE FACTS In September 2012, plaintiff J. Mack Ent., Inc. (“Mack”) rented a Wirtgen Milling Machine from SC Services, Inc. (“SC”). Then in October of 2012, Mack was involved in an accident that allegedly damaged the Wirtgen. Mack tendered SC's claim to its insurance broker Donald F. Sharp (Mack alleges in its Third Amended Complaint for...
2019.5.22 Demurrer 000
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2019.5.22
Excerpt: ...14. An exception, however, is that the general rule is limited to those material facts properly pleaded, and does not apply to conclusions of fact or law. Moore v. Regents of University of California (1990) 51 Cal.3d 120, 125. For example, a bare allegation that an act is illegal, unlawful, unauthorized, wrongful, or fraudulent is a conclusion of law that need not be accepted as true. 4 Witkin, Cal. Procedure (4th Ed. 1997) Pleading section 345, ...
2019.5.21 Demurrer 000
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2019.5.21
Excerpt: ...14. An exception, however, is that the general rule is limited to those material facts properly pleaded, and does not apply to conclusions of fact or law. Moore v. Regents of University of California (1990) 51 Cal.3d 120, 125. For example, a bare allegation that an act is illegal, unlawful, unauthorized, wrongful, or fraudulent is a conclusion of law that need not be accepted as true. 4 Witkin, Cal. Procedure (4th Ed. 1997) Pleading section 345, ...
2019.5.21 Demurrer 021
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2019.5.21
Excerpt: ...South Mack Grinding. Defendants shall have twenty days' leave to answer the plaintiff's complaint OPERATIVE FACTS In September 2012, plaintiff J. Mack Ent., Inc. (“Mack”) rented a Wirtgen Milling Machine from SC Services, Inc. (“SC”). Then in October of 2012, Mack was involved in an accident that allegedly damaged the Wirtgen. Mack tendered SC's claim to its insurance broker Donald F. Sharp (Mack alleges in its Third Amended Complaint for...
2019.5.21 Demurrer 451
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2019.5.21
Excerpt: ...The root of this action is a family dispute as to who inherits title to a 1930 Ford Model A and a 1951 Ford Coupe automobiles. Plaintiff's father Paul Hamilton King. Jr. held sole and exclusive title to these antique cars when he died intestate in May of 2017. Plaintiff contends that it was his father's intent that plaintiff succeed to sole and exclusive title to these Fords at the time of his death. But where Mr. King Jr. died without a will, th...
2019.5.21 Motion to Enforce Settlement 453
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2019.5.21
Excerpt: ... a 2015 Chrysler 200 from a dealership for defendant FCA US LLC on or about February 12, 2016. FCA US LLC is the manufacturer of this 2015 Chrysler 200. Upon receipt of this automobile, plaintiffs became aware of an electrical defect in car that caused, among other things, inoperable turn signals, instrument cluster failure, failure to start or difficultly starting the engine, and failure of the radio. Plaintiffs brought her 2015 Chrysler 200 to ...
2019.5.16 Motion to Set Aside and Vacate Order Due to Extrinsic Fraud 080
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2019.5.16
Excerpt: ...by the court on March 7, 2019. The court granted the motion. The court's order was filed on March 13, 2019. Plaintiff's current motion seeks to set aside and vacate the order due to extrinsic fraud. Plaintiff's motion to set aside and its supporting documents are insufficient to show Plaintiff failed to receive notice of Defendant's motion for pre-filing requirement or that Defendant's service efforts were improper or ineffective. In addition, Pl...
2019.5.16 Motion for Relief from Default, Judgment 132
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2019.5.16
Excerpt: ...elief from default and default judgment under CCP 473(b). Defendant asserts she is entitled to relief on grounds of mistake, inadvertence, surprise and excusable neglect. Default was entered on February 6, 2019. Default Judgment was entered on February 15, 2019. Defendant's motion is brought within six months of default and default judgment and is, therefore, timely. With her moving papers, Defendant submits her proposed answer to the complaint a...
2019.5.16 Motion for Entry of Judgment Pursuant to Written Stipulation of All Parties 430
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2019.5.16
Excerpt: ...aintiff's current motion fails to address the deficiencies previously noted by the court. Defendant has not appeared in this action. Plaintiff has not filed with the court the written stipulation referenced in Plaintiff's supporting declaration (which would require payment of Defendant's appearance fees). Alternatively, Plaintiff has not sought entry of Defendant's default in this action. Plaintiff has failed to dismiss all Doe Defendants named i...
2019.5.14 Motion to Vacate Judgment 083
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2019.5.14
Excerpt: ...l de novo in this case. Ms. Gonzalez seeks to vacate the judgment of this court because she contends that she did not receive notice of the defendants' appeal of the small claims judgment nor the February 28, 2019 trial de novo because she was not personally served with either the notice of appeal nor the date of the trial de novo. The judgment was mailed to the address she used throughout the proceedings as was the notice of appeal and the court...
2019.5.14 Motion to Enforce Settlement 948
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2019.5.14
Excerpt: ... western portion of the divided property. Plaintiff's complaint alleges that he enjoyed an easement to use a 15' wide road that travels up from Avenue 336 where the boundary between the two divided parcels was located. At a mandatory settlement conference on August 13, 2018, the parties agreed to a settlement of this action. Plaintiff's attorney stated the terms of this settlement on the record before the court, and Plaintiff confirmed his unders...
2019.5.13 Supplemental Motion for Preliminary Approval of Class Action Settlement 112
Location: Tulare
Judge: Reed, Melinda
Hearing Date: 2019.5.13
Excerpt: ...Motion for Preliminary Approval of Class Action Settlement, Conditional Certification of Settlement Class, Approval of Class Notice Package, Approval of Plaintiff's Payment, Appointment of Class Counsel and Settlement Administrator, and Setting of Final Approval Hearing. On March 25, 2019, the court denied plaintiff Rosalio Vera's original motion for approval without prejudice. 1. Sufficiency of Amount of Settlement ($420,000) Upon further review...
2019.5.2 Motion to Compel Further Responses, Request for Sanctions 657
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2019.5.2
Excerpt: ... Special Interrogatories, Set One. Plaintiff shall provide further verified, written responses to special interrogatories numbered 4, 14, 17, and 19 within ten (10) days of this order. Plaintiff Connie Benitez is ordered to pay to Defendant Tri-County Transport, Inc. the sum of $800.00 as a monetary sanction. Sanctions are payable within ten (10) days of this order. Proof of service in the file indicates notice of the motion was adequate. No resp...
2019.5.2 Application for and Renewal of Judgment 176
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2019.5.2
Excerpt: ...sagrees with Plaintiff's assertion that the clerk should attempt to reconcile the discrepancies and do the math to discover why Plaintiff's calculations differ on each document to lead to a correct total renewed judgment. In paragraph 5 of the application for renewal of judgment, Plaintiff should enter the following amounts: a. The total judgment as previously entered: b. The costs after judgment from the cost memorandum; c. Subtotal of a) and b)...
2019.5.1 Motion to Enforce Written Settlement, for Attorney's Fees 202
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2019.5.1
Excerpt: ...nica Gomez and defendant Jose Raul Garcia purchased jointly with each acquiring an undivided one-half interest in the property. The duplex was encumbered by a purchase money mortgage currently serviced by PennyMac Loan Services, LLC. This mortgage is in the name of defendant Garcia but plaintiff's interest in the property is of a record title holder. Plaintiff offered to buy Mr. Garcia's interest in this duplex for the sum of $10,000. Plaintiff p...
2019.5.1 Demurrer, Motion to Strike Improper Prayer and Punitive Damages 642
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2019.5.1
Excerpt: ...bandonment of patient, and negligence of nurse causes of action. Defendants' demurrer is sustained without leave to amend as to plaintiff Christopher Renfro's res ipsa loquitor, breach of contract, intentional infliction of emotional distress and false light causes of action. Defendants' “Motion to Strike Improper Prayer for Punitive Damages and “Retraining” is granted as to “retraining” as per Civil Code §3333.1 and 3333.2. Defendants...
2019.5.1 Demurrer 735
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2019.5.1
Excerpt: ...s request for judicial notice and Item #1 of plaintiff's request for judicial notice are granted only as to the date of filing of these documents. Except for orders from the Court that appear in the Court's file for this present case or the Hernandez v. Metrocom MDB case, the Court cannot take judicial notice as to the contents of documents in the Court's file in this present case and/or the Hernandez v. Metrocom MDB case his action as the conten...

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