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1881 Results
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2019.4.23 Motion for Entry of Judgment 872
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2019.4.23
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
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
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...
2019.4.22 Motion for Judgment on the Pleadings, to Strike 528
Location: Tulare
Judge: Reed, Melinda
Hearing Date: 2019.4.22
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...
2019.4.22 Demurrer 989
Location: Tulare
Judge: Reed, Melinda
Hearing Date: 2019.4.22
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...
2019.4.18 Motion for Good Faith Settlement 790
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2019.4.18
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2019.4.18
Excerpt: ...w Crest LP, Skyview Crest Partners, LLC and Wathen Castanos Project General Partners LLC subject to approval by this court. This $31,000 sum is inclusive of indemnity and any contractual defense fees. In exchange for this $31,000 payment, these defendants agree to release any and all claims against Northstar in this action and to defend and indemnify Northstar against any direct claims that the plaintiffs assert against Northstar. CCP § 877.6 af...
2019.4.18 Motion to Compel Arbitration, for Stay of Proceedings 162
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2019.4.18
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...
2019.4.18 Motion for Preliminary Approval of Class Action Settlement 798
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2019.4.18
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2019.4.18
Excerpt: ...us alleged wage and hour violations. The parties participated in mediation and reached an agreement to settle plaintiff's class claims. The class consists of 495 current and former employees of Defendant. The gross settlement amount is $800,000.00. If all of plaintiff's requested deductions are approved, the net settlement for distribution to class members would be $467,000. The Court is satisfied that plaintiff has sufficiently addressed the con...
2019.4.16 Motion for Judgment on the Pleadings 239
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2019.4.16
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2019.4.16
Excerpt: ...plaint. The Court has not received any response to this motion. Plaintiff Discover brings this action to recover on a delinquent credit card obligation owed to it by defendant Alvarez in the principal sum of $2,338.38. Plaintiff's complaint pleads causes of action for the common counts of open book account and account stated. Defendant Alvarez's answer to Discover's complaint does not contest any of the allegations raised in the plaintiff's compl...
2019.4.16 Motion to Strike 080
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2019.4.16
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2019.4.16
Excerpt: ...rayers for Punitive Damages. Based on the opposition, it appears Plaintiff has agreed there is no basis stated in the First Amended Complaint to recover attorney's fees and costs. A motion to strike claims for punitive damages is appropriate where the subject pleading does not support such claims as a matter of law. (Commodore Home Systems, Inc. v. Superior Court (1982) 32 Cal.3d 211, 214-215.) Defendants assert Plaintiff's First Amended Complain...
2019.4.16 Motion to Compel Production of Docs, for Monetary Sanctions 833
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2019.4.16
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2019.4.16
Excerpt: ...ll provide full and complete verified responses to these document requests without objection within thirty days from the service of the notice of this ruling. Judgment debtor Brookfield Box Company, Inc. shall also pay monetary sanctions in the amount of $840.00 to judgment creditor's counsel within thirty days after service of the notice of this ruling for this motion as required under CCP§2023.030(a), CCP §2030.290(c), and CCP §2031.300(c). ...
2019.4.11 Motion to be Relieved as Counsel 281
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2019.4.11
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2019.4.11
Excerpt: ...rnia Rule of Court 3.1362(d) as to the service of the moving papers for this motion on the plaintiff and all other parties to this action. The Court has not received any response to this motion. The supporting declaration of Ricardo Y. Merluza establishes that the plaintiff Elyssa Seth has refused to cooperate with her counsel in the prosecution of her case, and has failed to respond to repeated inquiries from Mr. Merluza to contact him or his of...
2019.4.11 Demurrer, Motion to Strike 167
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2019.4.11
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2019.4.11
Excerpt: ...c. to Plaintiff's Second Amended Complaint as to all causes of action, with leave to amend; and (2) to grant the Motion by Defendant Tri-County Medical Transport, Inc. to Strike Allegations of Plaintiff's Second Amended Complaint, with leave to amend. Plaintiff shall file any Third Amended Complaint within ten (10) days of this order. Plaintiff inexplicably continues to rely on what appears to be a form complaint designed for an action against a ...
2019.4.2 Demurrer, Motion to Strike 417
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2019.4.2
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...
2019.4.2 Motion to Enforce Settlement Agreement 782
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2019.4.2
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 Motion to Set Aside Entry of Default 531
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2019.4.2
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...
2019.3.7 Petition for Writ of Administrative Mandate 515
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2019.3.7
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2019.3.7
Excerpt: ...e dog to be humanely destroyed. The court is to review the record and apply its independent judgment to determine whether the decision of the administrative hearing officer is adequately supported. “When a trial court applies the independent judgment test in reviewing an administrative agency decision, it determines whether the agency's findings are supported by the weight of the evidence (CCP § 1094.5(c)). This is a kind of limited trial ...
2019.3.7 Motion for Leave to File Complaint 468
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2019.3.7
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2019.3.7
Excerpt: ... Defendants are Zoetis, Inc. and Nutrius, LLC who are the manufacturer and distributor of Bovatech, a feed additive for cattle. Calftech alleges that it had previously used the additive Rumensin, an antibiotic that is used to improve food efficiency and control coccidiosis in cattle. Calftech alleges that the defendants represented to it that Bovatech would effectively control coccidiosis, improve feed efficiency in the cattle, and was superior t...
2019.3.7 Motion for Good Faith Settlement 104
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2019.3.7
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2019.3.7
Excerpt: ...ood faith settlement A review of the Court's file indicates that all necessary parties have been given timely and proper notice of these motions. There has been no response to these motions. This is a construction defect action where the plaintiffs have agreed to accept the sums of $1,000.00 from cross-defendant San Joaquin Stairs, Inc., and $23,000.00 from Kennies Indoor Comfort Specialists, Inc. in exchange for a release of all claims arising o...
2019.3.7 Motion for Final Approval of Class Action Settlement 849
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2019.3.7
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2019.3.7
Excerpt: ...y 14, 2019 at 8:30 am; dept. 2. Plaintiff's counsel is to appear and advise the court of the current status of 18 additional class member claims not included in the class notice. (Court-call is welcome) If all additional claims have been resolved within the $40,000.00 indicated in counsel's Supplemental Declaration filed February 6, 2019 the court is prepared to grant the motion as follows: The court preliminarily approved the terms of the settle...
2019.3.7 Motion for Attorney Fees 593
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2019.3.7
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2019.3.7
Excerpt: ...t Solar Marketing, Inc. (“Solar”) and defendants Orpheus and Dora Renteria Haywood (“the Haywoods) that provided for Solar to install a solar energy system at the Haywoods' residence at a cost of $48,000. After Solar installed the solar energy system at the Haywoods' residence, the Haywoods refused to pay Solar for the work performed and demanded that Solar perform work not included in the terms of the contract. Solar responded with this pr...
2019.3.5 Motion to Vacate Entry of Dismissal 089
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2019.3.5
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2019.3.5
Excerpt: ...smissed the plaintiff's case without prejudice based on the plaintiff's failure to enter the default of the defendant. CCP §473(b) states in relevant part that: Notwithstanding any other requirements of this section, the court shall, whenever an application for relief is made no more than six months after entry of judgment, is in proper form, and is accompanied by an attorney's sworn affidavit attesting to his or her mistake, inadvertence, s...
2019.3.5 Motion to Quash Summons 218
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2019.3.5
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2019.3.5
Excerpt: ...f's car. Plaintiff directed a process server to personally serve defendant Campos at 827 N. Highland Avenue, Visalia, California. The process served attempted personal service on Mr. Campos at this address on November 2 and 3, 2018. After two failed attempts to personally serve the defendant at this address, the process server gave the summons and complaint to one Kim Weiss on November 5, 2018. Ms. Weiss resided at this 827 N. Highland Avenue, Vi...
2019.3.5 Motion to Enforce Settlement 458
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2019.3.5
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2019.3.5
Excerpt: ...rom September 2015 through April of 2016. Plaintiff's complaint pleads causes of action for (1) breach of contract; (2) damages for failure to pay wages; (3) damages for inaccurate wage statement; (4) damages for failure to reimburse; (5) damages for failure to pay wages upon termination; and (6) liquidated damages under Labor Code §1194.2. On December 5, 2018, the parties participated in a mediation before the Honorable Howard Broadman. This me...
2019.3.5 Motion to Compel Responses 491
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2019.3.5
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2019.3.5
Excerpt: ... set one of demand for identification and inspection of documents; request for sanctions [CCP §2030.010, 2023.010 (2) To grant defendants' motion to compel responses to set one of form interrogatories and set one of special interrogatories; request for sanctions [CCP §2030.010; 2023.010] Plaintiff shall provide full and complete verified responses to these interrogatories and inspection demands without objection within twenty days from the noti...