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1881 Results

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2019.3.28 Motion to be Relieved as Counsel 190
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2019.3.28
Excerpt: ...ing in this matter addresses only the issue before the court and not whether the attorney/client relationship ends by way of operation of law at the conclusion of the case. The Court finds that moving party attorneys Mark A. Waller and David D. Schneider of Dowling Aaron, Incorporated have complied with the provisions of California Rule of Court 3.1362(d) as to the service of the moving papers for this motion on the plaintiffs. The Court has not ...
2019.3.28 Motion for Summary Judgment, Adjudication 829
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2019.3.28
Excerpt: ...nt statements of undisputed facts and three supporting points and authorities divided as 1) Tulare County's separate statement, 2) Pruneda's separate statement, and 3) Cantu and Kupfer's separate statement. Plaintiff has filed opposition to each of the three statements of undisputed facts. Plaintiff's objections to the declarations of 1) John Mauro, 2) Gary Kupfer, 3) Mary Ann Cantu, 4) Maggie Pruneda, 5) Melissa Watson, 6) Juliet Webb, 7) Lizett...
2019.3.26 Motion to Modify Verdict or for New Trial 570
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2019.3.26
Excerpt: ...approximately a day and a half before returning its verdict. They retired to deliberate on the afternoon of December 18, 2018, and returned their verdict just before 11:00 on December 20th. CCP §675 provides, in pertinent part, “A new trial shall not be granted upon the ground of insufficiency of the evidence to justify the verdict or other decision, nor upon the ground of excessive or inadequate damages, unless after weighing the evidence the...
2019.3.26 Motion to Compel Deposition, Request for Monetary Sanctions 701
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2019.3.26
Excerpt: ...any other time) as her counsel represented to this court at the February 26, 2019 hearing on the City's ex-parte application that Ms. Reed would indeed do so, plaintiff shall pay monetary sanctions under CCP §2023.030(a) and CCP §2025.450(g)(1) in the amount of $1,560.00 to counsel for the City of Tulare within thirty days from the notice of this ruling. Plaintiff's counsel shall also coordinate with the City of Tulare a date certain for Ms. Re...
2019.3.26 Motion for Leave to File Complaint-in-Intervention 478
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2019.3.26
Excerpt: ...andum. The court may construe the absence of a memorandum as an admission that the motion or special demurrer is not meritorious and cause for its denial, and in the case of a demurrer, as a waiver of all grounds not supported.” The court notes that plaintiff-in-intervention Employers Assurance Company's did not file or serve a memorandum of points and authorities in support of its motion for leave to file complaint-in- intervention. Accordingl...
2019.3.26 Demurrer, Motion to Strike 105
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2019.3.26
Excerpt: ... this order. Plaintiffs' Second Amended Complaint (“SAC”) was filed January 9, 2019 asserting as a class action seven (7) wage and hour causes of action and a PAGA claim. Defendant demurs to the SAC and alternatively moves to strike the class action allegations from the SAC. 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.Ap...
2019.3.26 Demurrer 286
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2019.3.26
Excerpt: ...ce is granted as Exhibit “A and denied as to Exhibit “B.” Defendants' Request for Judicial Notice is granted only as to the date of filing of the referenced complaint and answers identified in defendants' Request for Judicial Notice. Except for minute orders and other orders for this case that appear in the Court's file, and other matters that in the Court's file where Evidence Code §452 authorizes the right to judicial notice, the Court d...
2019.3.26 Demurrer 084
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2019.3.26
Excerpt: ...ately 65 mph through a school zone when her vehicle collided with the plaintiffs' automobile as Mr. McCuistion was attempting to make a left turn. In the collision the plaintiffs' vehicle flipped over into an irrigation ditch, killing plaintiff Jayden McCuistion and severe injuring the other plaintiffs. Investigation that plaintiffs' counsel conducted revealed that there had been more than 35 accidents at the intersection where the accident happe...
2019.3.25 Motion for Preliminary Approval of Class Action Settlement 112
Location: Tulare
Judge: Reed, Melinda
Hearing Date: 2019.3.25
Excerpt: ...pproval 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. 1. Sufficiency of Amount of Settlement ($420,000) Insufficient information has been submitted as to the basis for the court to make the merits evaluation required by Kullar v. Foot Locker Retail, Inc. (...
2019.3.21 Motion for Reconsideration 069
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2019.3.21
Excerpt: ...earance by any party. At the hearing on the writ petition held January 24, 2019, the court adopted its tentative ruling denying the petition. Petitioner seeks reconsideration of the court's ruling. Although Petitioner seeks to characterize his motion as containing new facts, the motion and supporting documents are a restatement of arguments raised by Petitioner in his petition and in his reply to the opposition to his petition. No new facts or la...
2019.3.21 Motion for Preliminary Approval of Class Action Settlement 410
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2019.3.21
Excerpt: ...tervenor Fernando Aguirre (“Intervenor”) 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 re...
2019.3.19 Motion for Summary Judgment 545
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2019.3.19
Excerpt: ...ful action arising out of the death of decedent Lorna McIntryre. Plaintiffs contend that Mrs. McIntrye died as the result of negligent medical treatment that the defendants provided to Mrs. McIntrye Defendant Linda Herman MD now moves the court for summary judgment on two grounds: (1) she argues that the applicable statute of limitation as to Dr. Hernan expired at best on January 14, 2018 and plaintiffs did not perfect their claim against her or ...
2019.3.19 Motion for Summary Judgment 524
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2019.3.19
Excerpt: ...sufficient to establish there remain triable issues of material facts concerning the extent of needed repairs, the causes of problems giving rise to the need for repair, and notice to Plaintiff of the need for repair. Under the circumstances the court cannot conclude Defendant is entitled to judgment as a matter of law and the motion must be denied. If no one requests oral argument, Plaintiff shall submit a proposed order in compliance with CCP s...
2019.3.14 Motion for New Trial 886
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2019.3.14
Excerpt: ...all appearances will be permitted. Counsel should be prepared to present detailed documentation to support all cost claims including amounts, purpose, when incurred, and statutory authority permitting the cost claim. In addition, counsel should be prepared to present a spreadsheet containing the details of the requested cost calculations under CCP 998. (1) Plaintiff's Motion for New Trial. Although the case was filed as an unlimited civil proceed...
2019.3.14 Motion for Leave to Intervene 790
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2019.3.14
Excerpt: ...cted by this motion were given timely and proper notice. The Court has not received any response to this motion. CCP §387(b) allows a party who has an interest in a litigated action to intervene in that action, because “The purpose of the statute is to protect the interests of persons affected by a judgment, to obviate delay, and to avoid multiplicity of actions.” See Deutschmann v. Sears, Roebuck & Co. (1982) 132 Cal.App.3d 912, 915 Propose...
2019.3.13 Demurrer, Motion to Strike 008
Location: Tulare
Judge: Roper, Glade
Hearing Date: 2019.3.13
Excerpt: ...4) days of this order. For purposes of assessing the sufficiency of a demurrer, the court is to assume the truth of all well- pleaded facts. (Blank v. Kirwan (1985) 39 Cal. 3d 311, 318; CCP 430.30.) The court will accept as true all facts that may be implied or inferred from those alleged. (Marshall v. Gibson, Dunn & Crutcher (1995) 37 Cal. App. 4th 1397, 1403.) The court “‘is to determine whether the pleaded facts state a cause of action on ...
2019.3.13 Demurrer 725
Location: Tulare
Judge: Roper, Glade
Hearing Date: 2019.3.13
Excerpt: ...iling their action. Plaintiffs acknowledge their First Amended Complaint does not and cannot yet assert compliance with the tort claim requirements. In their opposition, Plaintiffs state they are in the process of complying with the statute. Leave to amend is to be liberally allowed. As Plaintiffs may be able to state new facts sufficient to cure the pleading deficiencies, leave to further amend is granted. If no one requests oral argument, under...
2019.3.13 Demurrer 632
Location: Tulare
Judge: Roper, Glade
Hearing Date: 2019.3.13
Excerpt: ...ird Cause of Action in the First Amended Complaint, with leave to amend. Plaintiff shall file any amended complaint as to the third cause of action within ten (10) days of this order. If no amendment is filed within the time specified, Defendant shall have 15 days thereafter to answer the complaint on the remaining causes of action. In their First Amended Complaint, Plaintiffs have asserted sufficient facts to state a claim for negligent supervis...
2019.3.12 Motion to be Relieved as Counsel 503
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2019.3.12
Excerpt: ...e service of the moving papers for this motion on the plaintiff. The Court has not received any response to this motion. The supporting declaration of attorney Arelia O. Keller indicates that the plaintiff Timothy Eggleston has refused to cooperate with his counsel in the prosecution of his case, and has failed to respond from repeated inquiries Ms. Keller's office to contact them to assist them in the management of their case. But Ms. Keller's d...
2019.3.12 Demurrer, Motion to Strike 756
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2019.3.12
Excerpt: ...plaint Tentative Rulings: (1) To Overrule the Demurrer by Defendants Dynamic Insurance Solutions, Inc., Dynamic Integrated Systems Solutions, Inc., and Troy Sibel to Plaintiff's Second Amended Complaint as to all causes of action and (2) To Deny the Motion by Defendants Dynamic Insurance Solutions, Inc., Dynamic Integrated Systems Solutions, Inc. and Troy Sibel to Strike Portions of Plaintiff's Second Amended Complaint. Defendants shall file thei...
2019.3.12 Demurrer 074
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2019.3.12
Excerpt: ...tial lease. Fortune filed its complaint in this action on February 27, 2018 after serving Mr. Garcia with a 60-day notice to quit on December 11, 2018. Plaintiff's complaint does not identify any past rent due from Mr. Sabian. Plaintiff only seeks monetary damages in the amount of $36.66 per day for the fair rental value of the property. Mr. Sabian's demurrer is based on his contention that plaintiff inaccurately served him with the notice to qui...
2019.3.12 Motion to Compel Responses, Requests for Admission to be Deemed Admitted, for Monetary Sanctions 639
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2019.3.12
Excerpt: ...ed responses without objection to plaintiff's first inspection demand within twenty days from the notice of this ruling; (2) Plaintiff's motion for requests for admissions be deemed admitted is granted. The facts and allegations identified in plaintiff's request for admissions 1-28, Set One to defendants Mary D. Jones and Brenda Holley shall be deemed admitted. (3) Plaintiff's motion to compel responses from defendants Mary D. Jones and Brenda Ho...
2019.3.12 Petition for Relief from Provisions of Government Code 945.4
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2019.3.12
Excerpt: ... County employee operating an automobile owned by Tulare County. As such, Ms. Gomez's government claim for damages had to be filed with Tulare County no later than six months forward, or August 7, 2018. But neither Ms. Gomez or the attorneys she retained (the Maison Law Group) timely submitted a government tort claim to Tulare County. The insurance carrier for Ms. Gomez (Infinity Insurance) filed a claim with Tulare County for property damage on ...
2019.3.5 Demurrer 451
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2019.3.5
Excerpt: ...is 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, there is no docu...
2019.3.4 Demurrer, Motion to Strike Punitive Damages 111
Location: Tulare
Judge: Reed, Melinda
Hearing Date: 2019.3.4
Excerpt: ...d (2) to grant Defendants Chicago Title Company and Bertha Juarez's Motion to Strike Plaintiff's Complaint as to Punitive Damages Allegations with leave to amend. Proof of service in the file indicates notice of the demurrer and motion to strike was adequate. No opposition to the demurrer or motion to strike has been filed. Plaintiff Jonathan Ledesma's complaint against defendant escrow holder Chicago Title Company and defendant escrow agent Bert...

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