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1872 Results

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2019.4.30 Demurrer, Motion to Strike Improper Prayer and Punitive Damages 642
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2019.4.30
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...
2019.4.30 Motion to Enforce Written Settlement, for Attorney's Fees 202
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2019.4.30
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...
2019.4.30 Demurrer 735
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2019.4.30
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...
2019.4.29 Motion to Quash, Modify, or Limit Subpoena for Records Issued 968
Location: Tulare
Judge: Reed, Melinda
Hearing Date: 2019.4.29
Excerpt: ...p proceeding wherein Petitioner Oscar Estrada is seeking to obtain custody of his step-children Christopher Selix and Alexia Marie Selix after the death of their mother. He is opposed by the children's maternal grandparents, Oralia and Silvino Selix. They have subpoenaed employment records from a former employer of Mr. Estrada, Cardboard Box Company. He moves to quash the subpoena for employment records arguing the requests are overbroad and viol...
2019.4.29 Demurrer 839
Location: Tulare
Judge: Reed, Melinda
Hearing Date: 2019.4.29
Excerpt: ...the file indicates notice of the demurrer was adequate. No response to the demurrer has been filed. Defendant Nick Pritchett contends plaintiff Mane Arax's first amended complaint for fraud fails to state a cause of action because plaintiff failed to obtain an order permitting a cause of action for conspiracy against Pritchett as required by Civil Code section 1714.10. Here, the amended complaint alleges Pritchett and his and co-defendants, “jo...
2019.4.25 Motion for Judgment on the Pleadings 998
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2019.4.25
Excerpt: ...r Judgment on the Pleadings are sustained. OPERATIVE FACTS On or about June 22, 2006, Laura C. Woomer executed a note in the amount of $211,000.00 (the "Note) and received a loan from Countrywide Home Loans, ("Countrywide"), with ReconTrust Company, N.A. ("ReconTrust") serving as the Trustee and MERS acting solely as a nominee for Countrywide and its successors and assigns. This note was secured by a deed of trust encumbering ...
2019.4.25 Motion to Set Aside Default 970
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2019.4.25
Excerpt: ...CP §368.5 to bring this motion as the purchaser-assignee of a note and deed of trust previously held by Bill B. Long. This action involves three liens against a four-acre olive orchard. Bob's Petro Products' Lien was the most junior of the three lienholders. From late-December 2018 through February of 2019, Bob's Petro was negotiating with Mr. Long to acquire his senior lien on the property. On or about December 26, 2018, McGowan and Anderson su...
2019.4.25 Motion for Preliminary Approval of Class Action Settlement 410
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2019.4.25
Excerpt: ...enor”) class action seeks recovery from defendant Calftech Corporation for various alleged wage and hour violations. The parties participated in mediation and reached an agreement to settle intervenor's class claims. The class consists of 225 former employees of defendant who worked for the defendant from August 5, 2012 to January 18, 2019. The gross settlement amount is $500,000.00. If all of intervenor's requested deductions are approved, the...
2019.4.25 Application to Stay Action Pending Determination of Writ Petition 829
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2019.4.25
Excerpt: ...parte application and motion to stay action arises out this court's March 28, 2019 ruling that denied defendants Gary Kupfer, Mary Ann Cantu, and County of Tulare's motion for summary judgment-adjudication. These defendants assert that their intention is to seek writ relief from the Fifth District Court of Appeal as to this court's March 28 ruling. Defendants' request for a stay of this action until the Fifth District Court of Appeal rules on the...
2019.4.24 Motion to Vacate Judgment 583
Location: Tulare
Judge: Drew, Stephen
Hearing Date: 2019.4.24
Excerpt: ...Defendant Torres failed to do so here. Ms. Torres' motion fails on the merits as well. From a review of the record in this unlawful detainer action, the court notes that judgment was entered on April 4, 2019 This case was tried on April 2, 2019. Defendant Torres personally appeared at the trial of this case and offered evidence to the court that consisted of a declaration that had several exhibits attached to it. Following a review of this eviden...
2019.4.23 Motion for Entry of Judgment 872
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2019.4.23
Excerpt: ...do less a credit of $15,000 against the $50,000 judgment entered against them for payments against this judgment that the defendants have made in partial satisfaction of the stipulated judgment that is the subject of this motion. This is an action for breach of contract and quantum that arises out of a contract between plaintiff Impax Automation, LLC and defendants Visalia Dairy Co., Mark D. Acevedo, Leonard Vandenberg. Mike Ramirez, and Daniel Q...
2019.4.23 Motion for Class Certification 330
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2019.4.23
Excerpt: ...urt also notes that a default was entered against defendants KLX, Inc. and Peoplease LLC on February 8, 2019. Plaintiffs contend they should be certified as a class for purposes of litigating their common interests in this case. Plaintiffs are entitled to certification as a class if they can establish (1) there is an ascertainable class, and (2) there is a well-defined community of interests for all of the class members in the questions of law an...
2019.4.23 Motion for Determination of Good Faith Settlement 385
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2019.4.23
Excerpt: ... There has been no response to this motion. This is a construction defect action where the plaintiffs have agreed to accept the sum of $2,368.42 from cross-defendant FPPI in exchange for a release of all claims arising out of FPPI'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 FPPI on the properties at issue in this action. This settleme...
2019.4.23 Motion for Reconsideration 484
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2019.4.23
Excerpt: ...andez moves this court to “reconsider” its ruling on February 26, 2016 that indicated that the parties had waived a jury trial based on the failure to post jury fees. The statute at issue in this matter is CCP §631(g) that states that “The court may, in its discretion upon just terms, allow a trial by jury although there may have been a waiver of a trial by jury.” Generally, the grounds upon which relief from the waiver of a jury trial w...
2019.4.22 Demurrer 989
Location: Tulare
Judge: Reed, Melinda
Hearing Date: 2019.4.22
Excerpt: ...nia Insurance Company, and Applied Risk Services, Inc.'s Demurrer to Plaintiff's Amended Complaint. Plaintiff Picar Farm Labor, Inc.'s amended complaint alleges defendants Applied Underwriters, Inc., Applied Underwriters Captive Risk Assurance Company, Inc., California Insurance Company, and Applied Risk Services, Inc. (collectively defendants) fraudulently induced plaintiff to sign the parties' settlement agreement and included charges in defend...
2019.4.22 Motion for Judgment on the Pleadings, to Strike 528
Location: Tulare
Judge: Reed, Melinda
Hearing Date: 2019.4.22
Excerpt: ...ly, motion to strike contends plaintiff Roberto Tellez cannot recover premium pay pursuant to Labor Code section 226.7 as part of his cause of action under California's Unfair Competition Law (UCL). This case has been pending for over three years; the original complaint was filed in March 2016. The second amended complaint was filed more than a year ago and parties reached a stipulation on defendant's request to strike portions of the UCL cause o...
2019.4.18 Motion to Compel Arbitration, for Stay of Proceedings 162
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2019.4.18
Excerpt: ...ontract agreement dated February 7, 2014. The agreement relates to a public works project known as the South Valley Animal Health Laboratory. Moving Defendant is the general contractor for the project. Plaintiff is a sub- contractor. The University of California is the owner of the project. Defendant Hartford Fire Insurance Company posted the payment bond for the project on behalf of Movant. By its Complaint, Plaintiff seeks recovery for addition...
2019.4.9 Motion to Set Aside Default, for Leave to Defend Action 704
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2019.4.9
Excerpt: ... Following a telephone conference between respective counsel, defendant's counsel agreed to accept service of the summons and complaint through notice of acknowledgement and receipt. When defendant's counsel received the service package, he noticed that the exhibits to the plaintiff's complaint were missing. Defendant's counsel contacted plaintiff's counsel who e-mailed these exhibits to defendant's counsel. Defendant's counsel signed, but never ...
2019.4.9 Motion for Judgment on the Pleadings 504
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2019.4.9
Excerpt: ... for quiet title, fraud/deceit, conversion, and quantum-meruit/unjust enrichment. Plaintiff Beatriz Romero Gonzalez alleges that she has a half interest in two parcels of land located in Earlimart, California. Ms. Gonzalez states that the basis for her interest in these properties are Grant Deeds that convey these two parcels to Ms. Gonzalez's deceased husband Ramon Velasco Rodriguez and the daughter of defendant Vidal Barreto Velasco. Ms. Gonzal...
2019.4.9 Motion for Leave to File Amended Complaint 309
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2019.4.9
Excerpt: ...vious pleadings or amendments;(2) State what allegations in the previous pleading are proposed to be deleted, if any, and where, by page, paragraph, and line number, the deleted allegations are located; and (3) State what allegations are proposed to be added to the previous pleading, if any, and where, by page, paragraph, and line number, the additional allegations are located. California Rule of Court 3.1324(b) further requires that “A separat...
2019.4.9 Motion to Tax Costs 570
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2019.4.9
Excerpt: ...akov Dulcich & Sons seeks to tax costs of $297.00 associated with deposition costs; $235.00 in service costs, and $8,734.00 paid to a jury consultant. Deposition Costs. The $235.00 arises out of the cancellation of a room reservation that arose out of a failed attempt to depose defendant Dulcich's person most qualified as to this defendant's safety policies and procedures and training of its employees. Given that this deposition was to be conduct...
2019.4.4 Motion for Leave to File Amended Complaint 361
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2019.4.4
Excerpt: ...her case management conference on May 14, 2019 prepared to schedule a new trial date. Where appropriate, pleadings may be amended at any stage of the litigation. Whether to permit amendment is within the sound discretion of the trial court. (CCP473(a)(1).) It is the policy of the courts to resolve all disputes between the parties in the same action. The court's discretion to permit amendment of pleadings is to be liberally exercised. (Nestle v. S...
2019.4.2 Motion to Set Aside Entry of Default 531
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2019.4.2
Excerpt: ...no response to this motion. This is a personal injury action for negligence, negligence per se, and statutory liability that arises out of a traffic accident between a 2000 Lincoln LS sedan and automobile driven by plaintiff Ludvin Gonzalez Lopez and a 2007 flatbed freight vehicle driven by defendant Jose Manuel Carrillo. Plaintiff filed his complaint on June 29, 2018. At the time of the accident, defendant Carrillo was acting in the course and s...
2019.4.2 Motion to Enforce Settlement Agreement 782
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2019.4.2
Excerpt: ...y defendant Kings County Water District within 30 days from the notice of this ruling. OPERATIVE FACTS On April 26, 2018, this Court entered a judgment that resolved the plaintiff Kings River Agricultural Property Owners Association's (“KRAPOA”) Second Amended Complaint and defendant Kings County Water District's (“the District”) First Amended Cross- Complaint. On July 16, 2018, the parties settled all of the issues raised in this present...
2019.4.2 Demurrer, Motion to Strike 417
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2019.4.2
Excerpt: ...defendant Mary Ann Ferraro to plaintiffs' first amended complaint by treating it as a plea in abatement, and staying this action pending a full and final resolution of case #PCU 261738. To deny as unripe defendants Pleasant Valley Canal Company and Richard Waller's motion to strike punitive damages from plaintiff's first amended complaint. Defendant Mary Ann Ferraro's Request for Judicial Notice is granted under Evidence Code §452(d). Defendants...

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