Array
(
)
Search by Keyword:
Start Date:
End Date:
Tip: Wrap text in quotation marks when searching for phrases (e.g. "motion to dismiss").

1881 Results

Location: Tulare x 
Array
(
)
SELECT * FROM wp_posts WHERE (post_type = 'attachment') AND ID IN (SELECT object_id FROM wp_term_relationships WHERE term_taxonomy_id IN (SELECT term_id FROM wp_term_taxonomy WHERE taxonomy = 'wpmf-category' AND parent IN (SELECT term_id FROM wp_terms WHERE term_id = 250))) AND (true) AND (true) ORDER BY post_title DESC LIMIT 600,100
Array
(
)
2022.12.06 Petition for Writ of Mandate 996
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.12.06
Excerpt: ...a was cited for violation of an applicable safety regulation following the injury of a Sierra employee during the operation of a machine at Sierra's lumber mill in Terra Bella. Sierra fails to present a valid basis for issuance of the requested writ and the petition is, therefore, denied. Background A Sierra employee suffered partial finger amputations while trying to clear a jam, by hand, in a “coastal planer” machine designed to cut and sha...
2022.12.06 Demurrer 130
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.12.06
Excerpt: ...ce with the applicable claim's statute. An unstamped liability claim report attached to the complaint and addressed to the Clerk of the Board of Supervisors indicates an incident date of February 27, 2012 and the date of the claim as August 31, 2022. The County brings this demurrer under a number of theories, including failure to timely bring a government claim and expiration of the applicable statute of limitations, and the presence of another c...
2022.12.06 Motion for Reconsideration 575
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.12.06
Excerpt: ...parties and issue a ruling in writing. (1) Facts This motion was filed November 23, 2022 for a hearing date of December 6, 2022. Plaintiff specifically seeks relief from this Court's order on November 14, 2022, granting Defendant County of Tulare HHSA's ex parte application for dismissal for Plaintiff's failure to timely file a second amended complaint after the Court's sustained the County's demurrer with a narrow granting of leave to amend. The...
2022.12.06 Motion for Change of Venue 400
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.12.06
Excerpt: ... overtime compensation, failure to provide meal periods, failure to authorize and permit rest periods, failure to pay minimum wage, failure to timely pay wages, failure to provide accurate wage statements, failure to maintain accurate time and payroll records, and failure to reimburse necessary business‐related expenses. (Complaint ¶1.) Plaintiff indicates all causes of action are “brought as a class action on behalf of himself and similarly...
2022.12.06 Motion for Final Approval of Class Action Settlement 695
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.12.06
Excerpt: ...ancement award, and class certification for settlement purposes came on for hearing on December 6, 2022. The court finds and rules as follows: On August 29, 2022, the settlement administrator, Phoenix Settlement Administrators, received a mailing list of 226 potential class members from Defendant's counsel with names, contact information, social security numbers and relevant employment information. The settlement administration processed the list...
2022.12.05 Motion to Strike 773
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2022.12.05
Excerpt: ...C), plaintiff Dominga Tabutol's prayer for punitive damages; certain of her supporting allegations; and her FHA and FEHA discrimination claims, as against Draper. The court will only cover, here, the recent procedural history and new factual allegations of the 5AC pertinent to disposition of the instant motion, as the case's prior procedural history and general factual background is extensively covered in the court's prior rulings. Relevant backg...
2022.12.05 Motion for Relief from Court Judgment and Stay of Execution 922
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2022.12.05
Excerpt: ...Property.”) On March 8, 2022, Plaintiff and Defendant Jose Hernandez, by stipulation, indicated that this matter had been resolved pursuant to a settlement agreement and that the Court retained jurisdiction under Code of Civil Procedure section 664.6 in event of a breach. On November 3, 2022, this Court entered judgment pursuant to an ex parte application of Plaintiff in the amount of $9,9892.18, including $14,593.18 of past due rent, credits f...
2022.12.05 Motion for Final Approval of Class Action Settlement 357
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2022.12.05
Excerpt: ...sts, enhancement award, and class certification for settlement purposes came on for hearing on December 5, 2022. The court finds and rules as follows: On August 4, 2022, the settlement administrator, Atticus Administration, LLC, received a mailing list of 150 potential class members from Defendant's counsel with names, contact information, social security numbers and relevant employment information. The settlement administration discovered one po...
2022.12.05 Demurrer 562
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2022.12.05
Excerpt: ...nuba, CA. (“Property”). (Complaint ¶¶1, 2.) Plaintiffs “are individuals who are owners, not on record due to the defendant's claim of a lien on the Property at all times since the Property's acquisition in March 1984. Plaintiffs requests quiet title herein.” (Complaint ¶3.) Defendant Fierro is the owner of record, has been since March 1984. (Complaint ¶4.) Defendant Fierro is also Plaintiffs' maternal uncle. (Complaint ¶11). Plaintif...
2022.12.02 Motion to Vacate Default Judgment and Stay Execution of Judgment 994
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2022.12.02
Excerpt: ...31, 2022, Plaintiff filed a proof of service indicating personal service on named Defendants Nancy Johnson and Kevin Doyle. No proof of service as to moving party Claimant Jason Castiglione or “All Unknown Occupants in Possession” was filed. Default judgment was entered as to the named Defendants on October 31, 2022. The judgment checks the box “Include in the judgment all tenants, subtenants, named claimants, and other occupants of the pre...
2022.12.01 Demurrer 476
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.12.01
Excerpt: ...operty.”) Plaintiff is the owner and operator of Sierra Mobile Village, where the Subject Property is rented by named Defendant Marcelino Manriquez. The proof of service of the 3‐day Notice to Pay Rent or Quit / 60‐day Notice to Terminate Possession (“Notice”) was purportedly served personally on named Defendant Marcelino Manriquez on August 12, 2022. Thereafter, the complaint and summons were purportedly served by personal service on n...
2022.12.01 Motion to Quash, to Stay 172
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.12.01
Excerpt: ...ben Barrientos, Jr. alleges that, on or about September 2, 2020, while he was traveling on Avenue 96 in the city of Terra Bella, a vehicle owned by TRTC and driven by Walker along Road 264 collided with his vehicle after failing to stop at a stop sign at the intersection of Avenue 96 and Road 264. TRTC and Walker have moved to quash service of summons, contending this court lacks jurisdiction based on tribal sovereign immunity. Analysis Indian tr...
2022.12.01 Motion to Vacate Default Judgment and Stay Execution of Judgment 502
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.12.01
Excerpt: ...operty.”) Plaintiff is the owner and operator of Sierra Mobile Village, where the Subject Property is rented by named Defendant Marcelino Manriquez. The proof of service of the 3‐day Notice to Pay Rent or Quit / 60‐day Notice to Terminate Possession (“Notice”) was purportedly served personally on named Defendant Marcelino Manriquez on August 12, 2022. Thereafter, the complaint and summons were purportedly served by personal service on n...
2022.12.01 Petition for Minor's Compromise 454
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.12.01
Excerpt: ...Funtila. Petitioner now brings a petition to approve the compromise of a settlement offer to the minor child. According to the Petition, on January 10, 2019, Claimant was a passenger in a motor vehicle that was rear ended by Defendant Valerian Domingo, who was driving the vehicle with the permission of Defendants Rosie Acosta and Melissa Omos. (Petition at 5.) Injuries The Claimant had no immediate or residual damages or injuries from the acciden...
2022.11.30 Motion to Compel Arbitration 891
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.11.30
Excerpt: ...an Resources Representative from the firm Defendant employs to provide human resource services to Defendant. Mr. Andalon indicates he held this position during Plaintiff's employment period, that his company has maintained its standard protocol for presenting employment polciies, including the arbitration agreement in Spanish if necessary and that he personally presented and went over the arbitration agreement with Mr. Rodriguez at his time of hi...
2022.11.30 Motion to Vacate Judgment After Trial, Stay Execution of Judgment 702
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.11.30
Excerpt: ... on October 31, 2022, granted judgment for possession for Plaintiff after trial, cancelled the rental agreement, issued the writ immediately, and awarded $1,794.07 to Plaintiff. Defendant Lockard did not appear at trial and the judgment indicates Defendant was properly served with notice of trial. Defendant Lockard seeks relief from the judgment and/or a stay of execution of the judgment. In support, Defendant states “I gave the wrong address, ...
2022.11.29 Motion to Vacate Judgment After Trial and Stay Execution of Judgment 702
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.11.29
Excerpt: ... on October 31, 2022, granted judgment for possession for Plaintiff after trial, cancelled the rental agreement, issued the writ immediately, and awarded $1,794.07 to Plaintiff. Defendant Lockard did not appear at trial and the judgment indicates Defendant was properly served with notice of trial. Defendant Lockard seeks relief from the judgment and/or a stay of execution of the judgment. In support, Defendant states “I gave the wrong address, ...
2022.11.29 Motion to Compel Arbitration 891
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.11.29
Excerpt: ...an Resources Representative from the firm Defendant employs to provide human resource services to Defendant. Mr. Andalon indicates he held this position during Plaintiff's employment period, that his company has maintained its standard protocol for presenting employment polciies, including the arbitration agreement in Spanish if necessary and that he personally presented and went over the arbitration agreement with Mr. Rodriguez at his time of hi...
2022.11.22 Motions to Tax Costs, to Strike Costs 967
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.11.22
Excerpt: ...s an automobile accident where liability was not contested. The matter proceeded to jury trial and Plaintiff was awarded $6,292.12 for pain and suffering and the initial medical expenses for treatment through February 8, 2019. Defendants indicates “The notice of entry of judgment was sent to Defendants electronically on August 9, 2022.” The proof of service appears to indicate that a proposed judgment was sent by electronic mail on August 9, ...
2022.11.22 Motion to Vacate Judgment, Stay Execution of Judgment 098
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.11.22
Excerpt: ...n November 14, 2022, granted judgment for possession only for Plaintiff. The writ of execution was issued on November 15, 2022. Defendant Victor Ramirez provides no basis under Code of Civil Procedure section 473 to vacate the judgment after trial and appears to argue a potential defense regarding payment of rent to Juan Ramirez, a non‐party to this action as well as payments for repairs alleged to the property. Although Defendant Victor Ramire...
2022.11.22 Motion for Final Approval of Class Action, for Attorney Fees 006
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.11.22
Excerpt: ...l of class action and PAGA settlement, attorneys' fees, costs, enhancement award, LWDA payment and class certification for settlement purposes came on for hearing on November 22, 2022. The Court finds and rules as follows: On October 26, 2022, the settlement administrator Simpluris, through its Case Manager, filed a declaration detailing the following events. On June 21, 2022 the administrator received a mailing list of 1,246 potential class memb...
2022.11.21 Motion to Vacate Judgment After Trial 666
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2022.11.21
Excerpt: ... Defendant Christi Chadwell occurred on September 4, 2022. On September 28, 2022, default judgment was entered as to Defendant Chadwell. Defendant Chadwell now brings this ex parte motion to vacate the Court's default judgment against her. The Court notes it held trial on October 7, 2022 as to the remaining defendant, granted judgment for possession for Plaintiff after trial, cancelled the rental agreement, issued the writ immediately, and awarde...
2022.11.21 Motion to Set Aside or Vacate 848
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2022.11.21
Excerpt: ...er, on August 7, 2021, Defendants ceased making payments pursuant to the settlement agreement and are currently in default of the agreement. Plaintiff now seeks to enter judgment pursuant to Code of Civil Procedure section 664.6 in the amount of $45,495.30, which credits the payments made to Plaintiff. On June 1, 2020, Plaintiff filed a proposed order, which this Court signed, dismissing without prejudice this case, but retaining jurisdiction pur...
2022.11.17 Demurrer 813
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.11.17
Excerpt: ...rer to the fifth and sixth causes of action with leave to amend; Plaintiff shall have ten (10) days to file an amended complaint as to the fifth and sixth causes of action; (2) To sustain the demurrer to the fifth cause of action with leave to amend; Plaintiff shall have ten (10) days to file an amended complaint as to the fifth cause of action. Facts This case arises out of Plaintiff's former employment at International Paper Company (“Interna...
2022.11.17 Demurrer 209 (2)
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.11.17
Excerpt: ...to fixed term one year lease with $800 due per month commencing October 21, 2021. (Complaint ¶ 6.) The Court notes the attached rental agreement appears to provide for a month to month lease commencing September 8, 2021, is unsigned by the Defendant. (Complaint Pages 6‐9.) The Court also notes an attachment purported to be a letter from the Housing Authority of Tulare County indicating the anniversary date of the lease on the Subject Property ...
2022.11.17 Motion to Compel Arbitration 493
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.11.17
Excerpt: ...sed, in part, on the alleged actions of Defendant Mario Plasencia. Plaintiff served the complaint on May 2, 2022 and May 5, 2022 as to the Defendants. Defendants answered the complaint on June 1, 2022 and June 6, 2022. In opposition, Plaintiff notes Defendants did not plead an affirmative defense as to arbitration. Additionally, Plaintiff notes it propounded discovery to Defendant on May 31, 2022 and that Defendants' discovery responses on July 1...
2022.11.17 Motion for Attorney Fees After Special Motion to Strike 089
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.11.17
Excerpt: ... for (1) breach of the implied covenant of good faith and fair dealing; (2) an accounting; (3) intentional and (4) negligent interference with prospective economic advantage; (5) unfair business practices; violation of (6) state and (7) federal unfair debt collection laws; (8) trade libel; and (9) recession based upon news stories ran by Sinclair and its former reporter, Cross‐Defendant Jeffrey Platt. The Court notes that Milan, in response to ...
2022.11.17 Motion for Summary Judgment 678
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.11.17
Excerpt: ...ant Brenda L. Davidson (“Defendant Davidson”) obtained a loan from Zone Funding in the principal amount of $304,500.00 (“Loan”) and evidenced by a Note (“Note”) Defendant Davidson executed on June 7, 2006 in favor of Zone Funding. (UMF Nos. 1 and2.) The Loan was a refinance which paid off a prior loan Defendant Davidson had with EMC Mortgage Corp in the approximate amount of $269,189.12. (UMF No. 3.) The Note was subsequently lost or ...
2022.11.17 Petition for Compromise of Claims of Minors 666
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.11.17
Excerpt: ...15‐year‐old Ruben and (2) 14‐year‐old Rudy is Tammy Esparza, guardian ad litem and mother of both claimants. (Petitions at 1, 2.) Petitioner brings these petitions to approve the compromises of settlement offers to the two minor children. (Petitions at 1, 2.) This matter involves an automobile accident. On or about April 23, 2022, Petitioner was driving a vehicle containing minors Ruben and Rudy, as well as another passenger, when Defenda...
2022.11.15 Motion for Leave to File Amended Complaint, to Compel Arbitration, to Stay or Dismiss Class Complaint, Dismiss PAGA Complaint 994
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.11.15
Excerpt: ... (2) To grant the motion; to compel arbitration as to the Class Action Case and as to the individual claims of Plaintiff Leija in the PAGA Case; to strike the class allegations; to stay the Class Action Case pending arbitration; to stay the representative portion of the PAGA case pending arbitration and the California Supreme Court's decision Adolph v. Uber Technologies, S274671, 2022 Cal. LEXIS 5021. (1) Facts Plaintiff seeks leave to amend the ...
2022.11.15 Demurrer 330
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2022.11.15
Excerpt: ...Citibank. (Complaint ¶1.) Plaintiff notes it “is a debt buyer as defined by Section 1788.50 of the CA Civil Code. Plaintiff and Plaintiff's counsel's application for license pursuant to Financial Code Section 100000 et. seq. are pending issuance with the Nationwide Multistate Licensing and Registry and/or the California Department of Financial Protection and Innovation.” (Complaint ¶4.) Plaintiff further alleges “Section 1788.50 of the CA...
2022.11.14 Motion to Consolidate 805
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2022.11.14
Excerpt: ...th Plaintiff MAGDALENO RAMIREZ CANDIDO's matter, Case No. VCU292210 (the “Candido Matter”) for pretrial discovery and trial. The Galicia Matter ‐ VCU291805 In the Galicia Matter, Plaintiff Galicia seeks recovery for injuries sustained as a result of an automobile accident on September 10, 2021 at the intersection of State Route 201 (CA‐201) and Road 40 in or near Dinuba, Tulare County, California. Plaintiff Galacia alleges Defendant Alvin...
2022.11.14 Motion for Change of Venue 561
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2022.11.14
Excerpt: ... Valley (“UHC” or “Defendant.”) The complaint alleges that “Venue is proper in this Court because, upon information and belief, Defendant maintains offices, has agents, employs individuals, and/or transacts business in the State of California, County of Tulare.” (Complaint ¶4.) Further, Plaintiff alleges “Defendant [UHC], at all times herein mentioned, was and is, upon information and belief, a California corporation, and at all ti...
2022.11.14 Demurrer 600
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2022.11.14
Excerpt: ...ourt for relief from the claims filing requirements and the Court granted the relief sought. As such, the demurrer as to compliance with the claims presentation requirements is overruled. The Court will address the substantive arguments as presented in the remainder of the demurrer. On June 23, 2022, Plaintiff filed a first amended complaint alleging one cause of action for discrimination, a second cause of action for failure to prevent discrimin...
2022.11.08 Demurrer 563
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.11.08
Excerpt: ...Mitigation/Early Childhood Director” for the Tulare City School District. (Complaint ¶3.) Defendant Ira Porchia's job title is “Director of Child Safety.” (Complaint ¶4.) Philip Pierschbacker's job title is “Assistant Superintendent of Personnel” (Complaint ¶5.) Plaintiff pleads two causes of action: 1) Violations of the Confidentiality of Medical Information Act as codified within California Civil Code § 56.20(b) and 2) Violations ...
2022.11.08 Demurrer 564
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.11.08
Excerpt: ...panish. (Complaint ¶¶2, 3, 4.) Defendant Ken Horn is the Principal and Superintendent of Defendant Sequoia Union Elementary School. (Complaint ¶7.) Plaintiff pleads two causes of action: 1) Violations of the Confidentiality of Medical Information Act as codified within California Civil Code § 56.20(b) and 2) Violations of the Confidentiality of Medical Information Act as codified within California Civil Code § 56.20(c). On September 7, 2021,...
2022.11.08 Motion to Change Venue 366
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.11.08
Excerpt: ... Court because, upon information and belief, Defendants reside, transact business, or have offices in this county, and the acts and omissions alleged herein took place in this county” (FAC ¶9.) “Defendants employed Plaintiff and other California residents as non‐exempt employees throughout California at Defendants' California business location(s)” and “Defendants continue to employ non‐ exempt employees within California.” (FAC ¶ ...
2022.11.08 Motion to Compel Further Responses 559
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2022.11.08
Excerpt: ...te of Wanger Jones Helsley PC, due no later than thirty (30) days from this hearing. Facts This limited civil case alleges two causes of action for open book account and account stated as against Defendant Juan Torres Construction Inc. Plaintiffs First Set of Request for Admissions were served on July 14, 2022. Defendant served responses on August 18, 2022. The responses stated: “Responding Party incorporates by reference the aforementioned Pre...
2022.11.08 Motion to Set Aside or Vacate Default Judgment 404
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.11.08
Excerpt: ...f of service as to Defendant Karadjian indicating he was served with the summons, complaint and civil case cover sheet on June 1, 2022 at 1:51 pm at 480 N. Vermont Ave, Dinuba, CA. A registered process served Defendant Karadjian. The Court also notes service by the same process server, at the same time and location, on Defendant Karadjian as the agent for service of process and corporate director of Defendant Gold Mountain Pakcing, Inc. filed on ...
2022.11.07 Motion for Relief from Entry of Dismissal or for Leave to File Complaint 255
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2022.11.07
Excerpt: ...motion as moot by the ruling on (1). Facts Plaintiff filed this complaint March 16, 2021. The complaint pled one count of partition as to real property located in Terra Bella, CA and a second count for money owed as to property expenses. Plaintiff sought partition of the property by sale, attorney fees, and costs. Defendants Charles Adams Jr. and Gina Adams answered the complaint and sought affirmative relief as to the first cause of action for p...
2022.11.07 Motion for Approval of PAGA Settlement 784
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2022.11.07
Excerpt: ...unt is $215,000.00 Plaintiff estimates approximately 784 covered employees. The covered employees consist of “all of Trinity Packing Company, Inc.'s nonexempt employees who worked for Trinity Packing Company, Inc. in California at any time from April 29, 2020 to February 22, 2022.” Plaintiff brings claims for (1) Meal Period Violations; (2) Rest Period Violations; (3) Failure to Reimburse Necessary Business Expenses (4) Wage Statement Violati...
2022.11.07 Demurrers 117
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2022.11.07
Excerpt: ...forth in the current third amended complaint, but, to the extent plaintiffs omit contextual allegations or change allegations from prior versions that are inconsistent with earlier allegations, the facts include allegations from prior versions of the complaint. During recent years, the California olive industry has been under substantial threat due to competition from low‐cost Spanish olives. In response, in June 2017, Bell‐Carter and Musco, ...
2022.11.07 Demurrer 972
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.11.07
Excerpt: ...o and Eric Miller entered into year‐long tenancy with $1,750 due per month. (Complaint ¶5 – Ex. 1.) The lease after expiration of the year became month to month. (Complaint ¶5 – Ex. 1.) On September 20, 2022, Plaintiff caused a three‐day notice to pay rent or quit (“Notice”) to be served on Defendants by posting and mailing. (Complaint ¶7 – Ex. 3.) The Notice states rent due in the amount of $12,355 consisting of $1,750 per month...
2022.11.07 Demurrer 431
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2022.11.07
Excerpt: ...sulting fee of $95,550.00 for a cumulative loan that totals $5,460,000,” which fee would be “pro‐rated to reflect the actual funds raised should UFIG investor base fail to fund the entire required amount of $5,460,000.00.” (Complaint ¶ 7.) Plaintiff further alleges that on or about April 14, 2022, Defendants purchased 1500 N. Cherry Court, Tulare, CA and thus triggered the consulting fee in the amount of $82,211 (Complaint ¶ 8.) Plainti...
2022.11.03 Motion to Strike 034
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.11.03
Excerpt: ...n support, Defendant attaches a request for judicial notice as to Plaintiff's complaint and excerpts from Plaintiff's deposition. Authority and Analysis “Motions to strike can be used to reach defects in or objections to pleadings that are not challengeable by demurrer. Complaints, cross‐complaints, answers and demurrers are all subject to a motion to strike [citation].” (Weil & Brown, Cal. Prac. Guide: Civ. Proc. Before Trial (The Rutter G...
2022.11.03 Motion to Quash, Demurrer, Motion to Strike 366
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.11.03
Excerpt: ... at 28436 Satellite Street as its agent of service (2420574) as its Agent for Service of Process in California. (Declaration of Robert D. Bassett (“Bassett Decl.”) ¶4.) On July 20, 2022, an incomplete copy of the Summons and Complaint was received via U.S. Mail at the Defendant's location in Stockton, California from an unidentified sender. (Bassett Decl., ¶5. ) The Summons mailed to the Stockton office is incomplete as it does not identify...
2022.11.03 Motion to Compel Arbitration 878
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.11.03
Excerpt: ...leges a single cause of action for penalties pursuant to Labor Code section 2699 (PAGA) for various violations of California's Labor Code including sections 203, 226.7, and 512 by Defendant Replanet Packaging LLC (“Defendant.”) Defendant, based on the United State Supreme Court's decision in Viking River Cruises, Inc. v. Moriana (2022) 142 S. Ct. 1906, now moves to compel Planitiff's PAGA claim to arbitration and stay this action. Defendant b...
2022.11.03 Motion for Judgment on the Pleadings 575
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2022.11.03
Excerpt: ...ed by Plaintiff ending 0635. Defendant answered the complaint. On or July 19, 2022, the Court deemed admissions nos. 1 through 11 admitted as follows: 1. YOU admit that YOU applied for the credit card ACCOUNT with JPMorgan Chase Bank, N.A; 2. YOU admit that YOU received a Cardmember Agreement, for the credit card ACCOUNT ending in XXXXXXXXXXXX0635; 3. YOU admit that YOU voluntarily agreed to abide by all terms and conditions listed in the Cardmem...
2022.11.01 Demurrer 199
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.11.01
Excerpt: ...ivil Procedure Section 526a to Restrain Waste and Illegal Expenditure of Funds), (8) Violation of Bane Act under Civil Code section 52.1, (14) Penal Code 646.9, (15) “Ralph Civil Rights Act” (Civil Code section 51.7) (16) False Imprisonment (FAC ¶958), (17) Assault (FAC ¶959); To sustain the demurrer without leave to amend as to the individual defendants (Jason Salazar, Sergio Pineda, Marisa Burkdoll, Nathan Berry, Nicholas Fistolera, Luma ...
2022.11.01 Demurrer to SAC 371
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.11.01
Excerpt: ...olves allegations that Plaintiff and decedent, Alfonso Elizondo, entered into an oral agreement to purchase 10246 Avenue 388, Dinuba, California (the “Subject Property”) in 2006, that Plaintiff and her family resided at the Subject Property since 2006, and were was financially responsible for the Subject Property, paying all property taxes, trash/water, utility payments and maintenance. Alfonso passed away and his son, Defendant Jason Elizond...
2022.11.01 Petition for Claim for Relief from Government Code 186
Location: Tulare
Judge: Roper, Glade
Hearing Date: 2022.11.01
Excerpt: ...Facts Petitioner was employed by the City of Porterville as a firefighter. (Declaration of Roulston (“Roulston Decl.”) ¶1.) Petitioner was terminated on October 18, 2021. (Roulston Decl. ¶ 1.) Petitioner was terminated apparently based upon an off‐duty arrest on July 3, 2021 for alleged assault and battery. (Roulston Decl. ¶ 6.) On October 13, 2021, an administrative hearing (Skelly hearing) took place. (Roulston Decl. ¶ 6.) At the Skel...
2022.10.31 Motion to Vacate Judgment After Trial and Stay Execution of Judgment 879
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2022.10.31
Excerpt: ...wful detainer matter involving residential property located at 1017 W. Goshen Ave ‐ #8B, Visalia, CA 93291, the Court held trial on October 19, 2022, granted judgment for possession for Plaintiff after trial, cancelled the rental agreement, issued the writ immediately, and awarded $2,137.50 to Plaintiff. Defendants did not appear at trial. Defendants, on October 28, 2022, filed this ex parte motion to vacate judgment after trial or to stay exec...
2022.10.31 Motion for Extension to Enforce Settlement 169
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2022.10.31
Excerpt: ...as not filed a response. This matter, involving the building of a 1966 Jeep CJ5, was settled at mediation wherein Defendants agreed to pay Plaintiff a total of $20,500 by September 18, 2022 via two payments: A first payment of $5,000 was to be by cashier check and exchanged “at the time of the subject Jeep and parts purchased by Defendant, and items built by Defendant” (“Jeep Components”) were picked up by the Plaintiff or Plaintiff's aut...
2022.10.31 Demurrer 111
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2022.10.31
Excerpt: ... (“PAGA”) action, Case No. VCU292204, (“PAGA Action”) for all pre‐trial purposes, turns the demurrer by Defendant. Facts Defendant demurs on the basis that a separately filed case, Tim Penny, individually, and on behalf of all others similarly situated, v. Universal Protection Service, LP, Sacramento County Superior Court Case No. 34‐2022‐00314013 (filed January 18, 2022) (the “Penny Case”) seeks the same relief for the same gro...
2022.10.28 Motion to Vacate Judgment After Trial and Stay Execution of Judgment 703
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.10.28
Excerpt: ...arties may appear in any manner. Facts In this unlawful detainer matter involving residential property located at 1425 S Central St. Ap #4, Visalia, CA 93277, the Court held trial on October 17, 2022, granted judgment for possession for Plaintiff after trial, cancelled the rental agreement, issued the writ immediately, and awarded $1,456.40 to Plaintiff. Defendant Cox did not appear at trial. Defendant Cox, on October 27, 2022, filed this ex part...
2022.10.27 Demurrer 084
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2022.10.27
Excerpt: ...plaint ¶ 6.) On September 28, 2022, Plaintiff caused a notice to quit (“Notice”) based on non‐compliance in the lease agreement as follows:  “Section 2 : Only one Tenant on Agreement. Tenant plus two now living on property.”  “Section 1: Landlord drops by rental and finds a dog occupying the home”  “Section 4: Tenant subleting (sic) to others”  Section 5. Failure to pay rent and excessive water useage (sic) from her...
2022.10.26 Motion for Relief from Default 058
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2022.10.26
Excerpt: ... personal service on Defendants Auerlio Bernal and Maria Bernal occurred on October 8, 2022 and that substitute service was made on Angel Bernal on October 10, 2022. On October 17, 2022, default judgment was entered as to Defendants Auerlio Bernal and Maria Bernal only. On October 24, 2022, Defendants Auerlio Bernal and Maria Bernal file this ex parte motion to vacate the default judgment. However, Defendants provide no factual basis or legal arg...
2022.10.25 Motion to Strike Damages and Punitive Damages 407
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.10.25
Excerpt: ...ity located at 350 North Villa Street (the “Facility.”) Plaintiffs are the heirs and successors in interest to Decedent. Defendant Sun and Defendant Providence Group of California, LLC are alleged to be the licensee, owner operator, a skilled nursing facility, and/or a intermediate care facility within the meaning of Health and Safety Code section 1250. Defendant Terri Tate served as the director for the facility and/or had custodial obligati...
2022.10.25 Motion for Preliminary Approval of Class Action and PAGA Settlement 872
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.10.25
Excerpt: ...ment of approximately $8.86. The Class Members consist of: “all non‐exempt employees employed by Grapes FLC from January 1, 2018 through June 30, 2022..” Plaintiff alleges Defendant (1) failed to pay minimum wages for all hours worked; 2) failed to pay overtime wages for all hours worked including for the time associated with washing grape trays; 3) failed to provide lawful meal periods; 4) failed to provide lawful rest periods; 5) failed t...
2022.10.25 Motion for Leave to File Complaint 383
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.10.25
Excerpt: ...h settlement as to their lability. The complaint alleges one count of negligence involving a dog attack in March 2021. Plaintiff is the guardian ad litem of the injured minor child who was playing outside his grandmother's house. The dog at issue was owned by Jesse Enriquez and Defendant Gina Enriquez, who lived nearby in a rental house owned by Norman and Martha Faucett. Defendant SCC is alleged to have removed sections of a fence and failed to ...
2022.10.25 Demurrer, Motion to Strike 575
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.10.25
Excerpt: ...nd the motions to strike [(2), (4) and (7)] moot by the Court's ruling on demurrer. 1. Facts Common to All Motions Plaintiff filed a complaint on May 5, 2022. Plaintiff filed a first amended complaint on August 25, 2022. Although the Court sustained a demurrer by Dr. Benjamin that did not provide leave to amend as to a number of causes of action, Plaintiff's amended complaint pled, again, every cause of action from the initial complaint as follow...
2022.10.24 Demurrer, Motion to Strike 919
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2022.10.24
Excerpt: ... deemed moot via the Court's ruling on demurrer. The Court notes the August 15, 2022 Notice of Hearing indicates both the demurrer and motion to strike were reset to this date. (1) Facts Plaintiff Kim Martinez, individually and as successor in interest to the Estate of Bonnie Van Tassel, for elder abuse, willful misconduct and wrongful death arising out of her death from COVID‐19 on or about April 14, 2020. Decedent Tassel resided at Defendants...
2022.10.24 Motion for Final Approval of Class Action Settlement, for Attorney Fees 194
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2022.10.24
Excerpt: ...ass action and PAGA settlement, attorneys' fees, costs, enhancement award, LWDA payment and class certification for settlement purposes came on for hearing on October 24, 2022. The court finds and rules as follows: On July 5, 2022, the settlement administrator, Rust Consulting Inc., received a mailing list of 2,447 potential class members from Defendant's counsel with names, contact information, social security numbers and relevant employment inf...
2022.10.24 Motion to Dismiss 709
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2022.10.24
Excerpt: ...2022. The case is now set for trial January 12, 2023, five years and eight months after filing of the complaint. Defendants, having obtained relief from default and filed an answer, now move to dismiss the matter for the failure to bring the matter to trial within the five‐year limits established in Code of Civil Procedure sections 583.310 and 583.360. Plaintiff filed an opposition and supplemental opposition to this motion on October 17, 2022,...
2022.10.20 Motion for Final Approval of Class Action and PAGA Settlement, for Attorney Fees 808
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.10.20
Excerpt: ... is set for April 27, 2023; 8:30 am; D1. Plaintiff's motion for final approval of class action and PAGA settlement, attorneys' fees, costs, enhancement award, LWDA payment and class certification for settlement purposes came on for hearing on October 20, 2022. The court finds and rules as follows: On March 24, 2021, the settlement administrator, Simpluris, received a data file from Defendant's counsel of 651 potential class members from Defendant...
2022.10.18 Special Motion to Strike, for Attorney Fees 070
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.10.18
Excerpt: ...t notes that Cross‐Complainants Bob Denney and Joetta Denney have dismissed the cross‐complaint that is the subject of this special motion to strike. The Court notes that Cross‐Defendants requested fees and provided a supporting declaration within their special motion to strike. The threshold issue, therefore, is whether the dismissal renders the special motion to strike moot and whether attorneys' fees may be awarded to Cross‐Defendants....
2022.10.18 Motion to Compel Deposition 506
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.10.18
Excerpt: ...collision wherein Defendant Clinton, operating Defendant City of Tulare's police vehicle, ran into the front of Plaintiff's vehicle. Defendants noticed Plaintiff's deposition for August 22, 2022 and confirmed it would go forward. However, Plaintiff's counsel indicated they “could not guarantee their client would appear…” While counsel for Defendants and counsel for Plaintiff attended the deposition, Plaintiff failed to appear. After twenty ...
2022.10.18 Motion to be Relieved 991
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.10.18
Excerpt: ...rney's Motion to Be Relieved as Counsel; and (3) MC‐053 ‐ Order Granting Attorney's Motion to Be Relieved as Counsel Additionally, Plaintiff's Counsel has filed proofs of service of these documents as to Plaintiff by mail and electronic mail on Plaintiff and Defendant's counsel. The Court notes an objection to this motion by both Plaintiff herself and Defendant. Plaintiff indicates she is not available for the October 18, 2022 hearing and tha...
2022.10.18 Motion for Relief from Default and Stay 666
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.10.18
Excerpt: ... was returned June 16, 2022, indicating that Plaintiff was placed in quiet and peaceful possession of the premises on June 15, 2022. On July 25, 2022, Defendant filed an ex parte motion for relief from default judgment. On July 26, 2022, this Court denied the motion. On October 17, 2022, Defendant filed an ex parte motion again for relief from default and to stay the eviction. In support, Defendant states she did not receive the summons and compl...
2022.10.18 Demurrer 942
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.10.18
Excerpt: ...(Complaint ¶ 6.) On September 1, 2022, it appears Plaintiff served a “notice” indicating that Defendant was behind on the rent for a total of four months in the amount of $2,800. The document fails to identify what months for which rent is due, does not provide an opportunity to cure and simply seeks that Defendant vacate the premises. On September 20, 2022, a document entitled “5 Day Notice” indicates “This is your 3 day eviction noti...
2022.10.18 Demurrer 368
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.10.18
Excerpt: ...edure section 382…” are “Tulare County Sheriffs Department.” The complaint alleges general negligence and intentional tort and alleges compliance with the applicable claims statute. An unstamped liability claim report attached to the complaint and addressed to the Risk Management of the Defendant City of Visalia indicates an incident date of “3‐26‐22” and the date of the claim as June 28, 2022. The City brings this demurrer for fa...
2022.10.17 Motion for Leave to Amend Complaint 260
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2022.10.17
Excerpt: ...emental declaration from counsel for Defendant/Cross‐Complainant IDC. It is within the court's discretion to require compliance with Rule 3.1324 before granting leave to amend. (Hataishi v. First American Home Buyers Protection Corp. (2014) 223 Cal.App.4th 1454, 1469.) The Court previously found there was a close relation of the proposed amendments to the activities and transactions stated in the initial Cross‐Complaint, no prejudice to Cross...
2022.10.17 Demurrer, Motion to Strike 301
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2022.10.17
Excerpt: ...against their parents, Billy J. and Lois Newsome, both of whom are now deceased. Robert additionally challenges a set of 2017 estate planning documents, including a trust purportedly established by Billy J.; and a deed transferring Billy J. and Lois's residence to the trust, executed by Billy J. individually, and on behalf of Lois as agent under a previously established power of attorney. Robert alleges his parents lacked capacity to execute the ...
2022.10.14 Motion to Vacate Default Judgment 005
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.10.14
Excerpt: ... service indicating personal service on Defendant Arteaga occurred on September 30, 2022. On October 10, 2022, default judgment was entered and the writ of possession was issued. On October 12, 2022, Defendant file this ex parte motion to vacate the default judgment. Defendant states that service of the summons and complaint lacked forms UD‐105, FW00‐1, FW00‐3 and Defendant therefore needed extra time to get the forms and respond. Additiona...
2022.10.13 Motion for Leave to File Amended Complaint, to Compel Docs and Testimony 466
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.10.13
Excerpt: ...osed first amended complaint and Defendant shall have ten (10) days from the service of the first amended complaint to file a responsive pleading. (2) The Court's minute order of September 22, 2022 indicates that the parties reached an agreement as to the discovery issues and may appear remotely as to any remaining issues. Case management conference is continued to December 15, 2022; 8:30 am; D1. (1) Facts This is a personal injury case wherein P...
2022.10.13 Petition to Stay Arbitration Proceedings 101
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.10.13
Excerpt: ...Facts On or about September 09, 2021, HALL agreed to purchase a 2019 Nissan Murano with vehicle identification number 5N1AZ2MJXKN138431 (hereinafter referred to as the “2019 Nissan”) (Decl. of Donald Groppetti ‐ Exhibit A – Retail Installment Sales Contract (“RISC”) as to the 2019 Nissan.) The RISC provides for arbitration as to claims arising from the sale of the vehicle. The RISC also contains the “Seller's Right to Cancel” when...
2022.10.13 Motion to Compel Arbitration 763
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.10.13
Excerpt: ...ring. 1. Facts In a first amended complaint, Plaintiff, on behalf of himself and all others similarly situated, sued Defendants Kuubix Electric, Inc., Kuubix Energy, Inc., Kuubix Global, LLC and Kuubix Energy, LLC. for 1. Violation of B&PC §17200, et seq. 2. Failure to Pay All Wages 3. Meal Period Violations 4. Rest Period Violations 5. Work Expense Reimbursement Violations 6. Waiting Time Penalty 7. Wage Statement Penalty 8. Penalties Under PAG...
2022.10.10 Demurrer, Motion to Strike 736
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2022.10.10
Excerpt: ...two employees, Rodriguez and Hire, (collectively the “County”) for two causes of action: 1) Violations of the Confidentiality of Medical Information Act as codified within California Civil Code § 56.20(b) and 2) Violations of the Confidentiality of Medical Information Act as codified within California Civil Code § 56.20(c). Plaintiffs were employed by the County as special education teachers. (Complaint ¶¶4, 29.) The County, in accordance...
2022.10.06 Motion for Final Approval of Class Action and PAGA Settlement 076
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.10.06
Excerpt: ...pproval for April 21, 2022. After preliminary approval, the settlement administrator determined worked additional workweeks not accounted for in the previously determined maximum settlement amount. The parties subsequently agreed to increase the maximum settlement amount from $980,000 to $1,278,998, and to continue hearing on final approval of the settlement to finalize and present a stipulation for the court's review and approval regarding the r...
2022.10.06 Motion for Final Approval Class Action and PAGA Settlement, for Attorney Fees 599
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.10.06
Excerpt: ... motion for final approval of class action and PAGA settlement, attorneys' fees, costs, enhancement award, LWDA payment and class certification for settlement purposes came on for hearing on October 6, 2022. The Court finds and rules as follows: On June 16, 2022, the settlement administrator, ILYM Group, received a mailing list of 1,423 potential class members from Defendant's counsel with names, contact information, social security numbers and r...
2022.10.04 Petition for Compromise of Minor's Claim 491
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.10.04
Excerpt: ...mones. Petitioner now brings a petition to approve the compromise of a settlement offer to the minor child in this case. According to the Petition, on February 21, 2020, the minor child was walking or jogging northbound on Prospect Street when Defendant entered the crosswalk and struck the minor child as she was crossing. (Petition at 6) The minor suffered pain to her left arm, left shoulder, abdomen, chest and back. (Petition at 7.) She was take...
2022.10.04 Motion for Preliminary Approval of Class Action and PAGA Settlement 325
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.10.04
Excerpt: ... Members, providing an estimated average payout of $241.35 per member. The Class Members consist of: “All current and former non‐exempt employees of Defendant Gutierrez FLC, Inc. in California who worked at least one shift performing work for Defendant WesPak, Inc. at any time during the period of January 1, 2019 to September 2, 2022.” Plaintiff primarily alleged the following violations: (1) minimum wage violations (2) failure to pay all o...
2022.10.04 Motion for Determination of Good Faith Settlement 383
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.10.04
Excerpt: ... (2) This complaint alleges one count of negligence involving a dog attack in March 2021. Plaintiff is the guardian ad litem of the injured minor child who was playing outside his grandmother's house. The dog at issue was owned by Jesse Enriquez and Defendant Gina Enriquez, who lived nearby in a rental house (the “Floral Property.”) The minor child is the cousin of Defendant Gina Enriquez and the minor's grandmother is the aunt of Defendant G...
2022.10.04 Demurrer 368
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.10.04
Excerpt: ... per, filed a complaint on July 6, 2022 for against Defendant Visalia Police Department and “joined under Code of Civil Procedure section 382…” are “Tulare County Sheriffs Department.” The complaint alleges general negligence and intentional tort and alleges compliance with the applicable claims statute. An unstamped liability claim report attached to the complaint and addressed to the Clerk of the Board of Supervisors indicates an inci...
2022.09.30 Application for Relief from Default 709
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.09.30
Excerpt: ...., #2, Visalia, CA 93277 (“Subject Property”) based upon a ninety‐day notice for cause under substantial remodel of the Subject Property pursuant to Civil Code section 1946.2(2)(D)(i). On September 7, 2022 the complaint was filed. On September 12, 2022, Plaintiff filed a proof of service indicating personal service on Defendant Noyola occurred on September 10, 2022. On September 21, 2022, default judgment, for possession only, was entered. ...
2022.09.29 Motions to Compel Initial Discovery Responses 084
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.09.29
Excerpt: ...rty (30) days from notice of this ruling; Defendant and moving party Abeer A Hafez DDS, Inc shall give notice; to impose sanctions of $265 on Plaintiffs jointly and severally. This is a dental malpractice action brought by Plaintiffs against, amongst others, Defendant Abeer A Hafez DDS, Inc. On or about February 7, 2022, Abeer A Hafez DDS, Inc. propounded form interrogatories, special interrogatories and requests for production of documents on Pl...
2022.09.27 Demurrer, Motion to Strike 417
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.09.27
Excerpt: ...h leave to amend; to grant the Court's own motion to strike as to allegations of conduct between the time period of June 18, 2013 and July 15, 2015 and references thereto in in paragraphs 9, 12, 13, 14, 15, 16, 17, 36, 42, and 44 based upon res judicata. Facts Common to (1) and (2) Defendants Pleasant Valley Canal Company, Richard Waller and Roger Patterson (collectively “PVCC”) demur to the operative first amended complaint filed in this mat...
2022.09.27 Demurrer, Motion to Strike SAC 787
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.09.27
Excerpt: ...nrelated to the qualified medical examination related to the workers compensation claim or those that would fit an exception to the exclusivity rule. As noted, this case involves alleged acts by Defendant Dr. Micah Hoffman, a worker's compensation qualified medical examiner who performed a psychiatric evaluation of Plaintiff Samreen Riaz arising out of her workers compensation claim. The causes of action in the second amended complaint include: (...
2022.09.27 Motion to Reconsider Demurrer 575
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.09.27
Excerpt: ... (6) Vicarious Liability; (7) Defamation; (8) Deprivation of Civil Rights under 51 (Unruh Act); (9) Personal Injury; (10) Intentional Infliction of Emotional Distress; (11) Retaliation in Violation of Labor Code §1102.5/Health & Safety Code sec. 1278.5(b)(1); (12) Disability Discrimination; (13) Assault and Medical Battery; (14) False Imprisonment; (15) Depravation in Violation 42 U.S. Code § 1983—Civil Action for Deprivation of Rights; (16) ...
2022.09.27 Motion for Preliminary Approval of Settlement 787
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.09.27
Excerpt: ...ore, the Court preliminarily approves the settlement as indicated herein. The final approval hearing is set for March 28, 2022, 8:30 am in Department 7. 1. Sufficiency of Amount of Settlement (Net Estimated: $118,250) The gross settlement amount is $275,000. Plaintiff estimates approximately 576 proposed Class Members, providing an estimated average payout of $205.30 per member. The Class Members consist of all current and former hourly‐paid or...
2022.09.27 Petition for Leave from Government Tort Claims Act 199
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.09.27
Excerpt: ...t's final determination on this issue must be made after permitting presentation of additional evidence at the hearing pursuant to Code of Civil Procedure section 946.6 Facts Plaintiff's first amended complaint alleges a number of causes of action against Defendants City of Visalia, Jason Salazar, Sergio Pineda, Marisa Burkdoll, Nathan Berry, Nicholas Fistolera, Luma Fahoum, Damon Maurice and “Defendant Velverde” (hereinafter collectively “...
2022.09.27 Petition for Leave from Government Tort Claims Act, Demurrer, Motion to Amend Complaint 294
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.09.27
Excerpt: ...r, as noted below, the Court's final determination on this issue must be made after permitting presentation of additional evidence at the hearing pursuant to Code of Civil Procedure section 946.6(e); (2) To sustain the demurrer without leave to amend; (3) To deny the motion to amend. (1) Plaintiff's Petition for Leave from the Government Tort Claims Act Facts Plaintiff alleges various dates of alleged compliance with the Tort Claims Act that are ...
2022.09.26 Motion to Consolidate, Demurrer 111
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2022.09.26
Excerpt: ...ngs; (2) To continue the demurrer to October 17, 2022, to be ruled upon after the consolidation; the Court intends to grant the demurrer as indicated below, after consolidation. (1) Motion to Consolidate Facts Defendant Universal Protection Service, LP (“Defendant”) requests this Court consolidate Plaintiff Charles Williams Olivares' (“Plaintiff”) class action, Case No. VCU291111, and his Private Attorney General Act (PAGA) action, Case N...
2022.09.26 Motion for Relief from Default, for Stay of Execution of Judgment 713
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2022.09.26
Excerpt: ...t during the length of the proposed stay, capped at 40 days. Facts This is an unlawful detainer matter involving 11926 Ave 272 Visalia CA 93277 (“Subject Property”) based upon a thirty‐day notice. On September 8, 2022 the complaint was filed. On September 9, 2022, Plaintiff filed a proof of service indicating personal service on Defendant James occurred on September 8, 2022. On September 19, 2022, default judgment, for possession only, was ...
2022.09.26 Motion for Leave to File Complaint 260
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2022.09.26
Excerpt: ...days of this hearing; (2) To continue this motion to October 17, 2022 to permit a supplemental declaration to be filed addressing California Rule of Court 3.1324(b). Facts Common to (1) and (2) This personal injury case involves Plaintiff, working as a cement foreman for Simmons Construction, Inc. (“Simmons”), on a job to create a large pit at Defendant Setton Pistachio of Terra Bella (“Setton.”) Defendant Industrial Design & Construction...
2022.09.26 Motion for Judgment on the Pleadings 188
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2022.09.26
Excerpt: ...ff seeks judicial notice of these admissions and various recorded grant deeds. Defendants Julian Mendez and Hilda Mendez acquired property located at 667 Walnut Street, Pixley, CA (“Subject Property”). (Exhibit C – Requests for Admissions (“RFA”) Nos. 2‐4.) Defendants Julian Mendez and Hilda Mendez transferred the Subject Property into their family trust in April 2008. (Exhibit C – RFA Nos. 5, 6, 7; Exhibit E.) On or about January 2...
2022.09.26 Demurrers 301
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2022.09.26
Excerpt: ...nsurance Company, State Farm agent Jim Parsley, Sr., and Bank of America. Background As relevant here, Robert alleges as follows: In 2005, Robert's parents, Billy J. and Lois Newsome, drafted separate wills providing for equal distribution of their assets to their three children, which include Robert; Janet; and Billy D. Newsome (who is not the subject of any allegations of wrongdoing). Janet had an attorney draft a trust and new will for Billy J...
2022.09.26 Demurrer 251
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2022.09.26
Excerpt: ...demurrer as to the third cause of action for breach of contract. Facts On June 21, 2022, Defendant, Cross‐Defendant and Cross‐ Complainant Pacific Properties Sales & Management Inc. (“Pacific”) filed a verified cross‐complaint for unjust enrichment, negligent misrepresentation and breach of contract. The underlying dispute involves the validity of a lease of a private air landing strip and whether the lease is invalid because it does no...
2022.09.22 Motion to Confirm Good Faith Settlement 065
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.09.22
Excerpt: ... of express warranty and violations of building standards against builders Woodside 06N, LP, Woodside Sousa, Inc., Woodside Visalia Il, Inc., WDS GP, Inc. and Woodside 07N (collectively “Woodside”) and seek damages in excess of $75,000 per home. Woodside cross‐complained against a number of cross‐defendants, including moving party Anlin Industries (Doe 202) for comparative negligence, express indemnity, equitable indemnity, contribution, ...
2022.09.22 Motion to Change Venue, Demurrer, Motion to Strike 373
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.09.22
Excerpt: ...al.App. 448, 449, as detailed below. (1) Motion to Change Venue Facts Plaintiff's complaint alleges negligence and medical malpractice against Defendant “Adventist Health Hospital – Hanford, CA.” Defendant Adventist Health Hospital brings this motion to transfer venue to Kings County. In support, Defendant notes its principal place of business is Kings County, the subject incident is not believed to have occurred in Tulare County, Defendant...

1881 Results

Per page

Pages