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

1872 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 300,50
Array
(
)
2023.08.29 Demurrer to Amended Complaint 319
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.08.29
Excerpt: ...ging Plaintiff's interest in the property located at 1431 S. Crowe St. Visalia, CA 93277 ("Subject Property") is as "property manager for owner Sabina Hack" and attaches a purported authorization letter from 2021 that purportedly authorizes the named Plaintiff Katie Roepke-Brenner (as well as Elizabeth DiOrio) as property manager and to pursue eviction actions. The Court notes the attached written lease indicates that "Elziabeth DiOrio hereby lea...
2023.08.29 Motion for Leave to File Amended Complaint 108
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.08.29
Excerpt: ...the County of Tulare and Does 1 through 25. The complaint alleges negligence on the County of Tulare for the sexual abuse suffered by Plaintiff during her childhood placement in foster care. On August 30, 2022, Plaintiff filed a Code of Civil Procedure section 827 petition to request her juvenile records from the Tulare County Juvenile Court. Said records were ultimately released by County of Tulare to Plaintiff on approximately November 5, 2022....
2023.08.28 Motion to Set Aside or Vacate Entry of Default 545
Location: Tulare
Judge: Bianco, John P
Hearing Date: 2023.08.28
Excerpt: ...y Defendant Jaidan Barajas. Plaintiff alleges parental liability against Defendant Angela Farias under Civil Code section 1714.1 Default as to these Defendants was entered on June 27, 2023. Defendants do not contest service of the summons and complaint. Defendants, on July 11, 2023, filed this motion for relief from default. Defendants instead indicate that Defendant Farias appeared at the case management conference on June 7, 2023 and indicates ...
2023.08.28 Motion for Summary Judgment, Adjudication 359
Location: Tulare
Judge: Bianco, John P
Hearing Date: 2023.08.28
Excerpt: ...entification number, IGNSCCKCXFR221867 ("Vehicle"). On or about the same day, for valuable consideration, the Agreement was assigned to Plaintiff. (UMF No. 1.) Plaintiff's lien on the Vehicle was perfected with the State of California Department of Motor Vehicles. (UMF No. 1.) Plaintiff advanced the funds that were secured by the Vehicle pursuant to the Agreement, thus its performance of the Agreement was filled. (UMF No. 2.) On or about April 10...
2023.08.28 Motion for Summary Judgment 850
Location: Tulare
Judge: Bianco, John P
Hearing Date: 2023.08.28
Excerpt: ...er on February 8, 2021. (Complaint 91.) Plaintiff Kristen thereafter presented to Defendant Kaweah Health after waking up on February 10, 2021 with reported numbness and an inability to walk. (Complaint 92.) Plaintiff alleges that she was treated by Defendants Defendant Laurie Hagopian-Dresser, DO and Defendant Matthew Henschel, DO while admitted for four days at Defendant Kaweah. (Complaint 96.) Plaintiff Kristen alleges a single cause of action...
2023.08.28 Demurrer 553
Location: Tulare
Judge: Bianco, John P
Hearing Date: 2023.08.28
Excerpt: ...d church-sponsored youth programs where Doe 5 was employed.. (Complaint "1 2, 3.) Demurring party Defendant Doe 1 is alleged to be a religious, non-profit corporation that concurrently hired, employed, oversaw, supervised, and controlled Doe 5. (Complaint "5, 19.) Plaintiff alleges Doe 1 owned, controlled, managed, oversaw, directed, and operated a variety of other services to its membership and others in the community including the youth mentors...
2023.08.28 Demurrer 345
Location: Tulare
Judge: Bianco, John P
Hearing Date: 2023.08.28
Excerpt: ...itioner Terra Bella Voice for Change filed its amended petition containing a single cause of action for violation of the California Environmental Quality Act ("CECA") as to the County of Tulare's ("County") approval of an addendum to the Terra Bella Community Plan Update Mitgated Negative Declaration on August 18, 2020 ("Addendum") and to set aside "any related findings, approvals, or other determinations made in reliance on the Addendum." (Amend...
2023.08.22 Motion to Strike 078
Location: Tulare
Judge: Roper, Glade
Hearing Date: 2023.08.22
Excerpt: ...t in support of punitive damages. The Court has found that the underlying allegations as to oppression are sufficient as to the renting of a room with knowledge of infestation of bed bugs. However, the Court granted leave to amend the prior pleadings specifically on the issue of the knowledge, ratification, authorization or direct conduct by Defendant's managing agent as to the oppressive conduct alleged. The second amended complaint, as to the m...
2023.08.22 Motion to Bifurcate 060
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.08.22
Excerpt: ...iability and damages phases. The County generally states that justice would be promoted by separating liability and damages because a jury may be emotional and sympathetic to Plaintiff as it hears testimony as to damages. The County further generally states that the estimated length of trial of 7 days could be reduced because "the issue of liability should not take seven (7) days to establish and would require less witnesses. In contrast, the dam...
2023.08.22 Motion for Leave to Amend Answers 392
Location: Tulare
Judge: Roper, Glade
Hearing Date: 2023.08.22
Excerpt: ...filed an answer to the underlying complaint in this matter August 15, 2022. Defendant Bauer was also named in a cross-complaint filed October 13, 2022 and answered the cross- complaint on November 15, 2022. Bauer now moves to amend his answers. All parties have stipulated to the amendment seeking to add the affirmative defense of sudden emergency. Authority and Analysis The Court may, in the furtherance of justice, and upon any terms as may be pr...
2023.08.22 Demurrer, Special Motion to Strike, Motion to Strike 300
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.08.22
Excerpt: ...ate Defendants from statutory immunity and/or prevent application of the rule set forth in Fettgather as to compliance with the underlying Business and Professions Code section 820 order; (2) To grant the special moton to strike as to the causes of action for defamation, medical malpractice (as it relates to the sending of the small claims pleadings) discrimination (as it relates to the same), retaliation, fraud, breach of fiduciary duty, conspir...
2023.08.18 Motion for Relief from Stay Execution of Writ 306
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.08.18
Excerpt: ...rnia 93274 ("Subject Property"). (Complaint 93.) On July 28, 2023, Defendant Melissa Ann Carrasco filed a motion for relief from default and to stay execution of the writ. At the hearing on August 1, 2023, the Court noted Defendant shall pay $1,600 by August 2, 2023 at 10:00 am to Plaintiff's counsel and if payment is made, the lockout is extended to September 1, 2023. On August 15, 2023, Defendant filed this motion to vacate the default judgment...
2023.08.17 Demurrer 638
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.08.17
Excerpt: .... Plaintiff filed this action arising out of his former employment as assistant program director with Defendant Turning Point of Central California, Inc. (Complaint 94.) Plaintiff alleges that he was employed at Turning Point from September 5, 2017 through July 31, 2022. (Complaint 915.) Plaintiff states he is homosexual. (Complaint 917.) Plaintiff alleges that on June 1, 2022, Plaintiff was diagnosed with HIV. (Complaint 918.) Plaintiff indicate...
2023.08.17 Motion to Compel Arbitration 593
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.08.17
Excerpt: ...or failure to present evidence that Peninsula is an intended third party beneficiary; to stay the entire action pending the arbitration against Sonoco. Parties to appear at CMC to discuss the status of Peninsula Packaging, LLC. Background Facts Plaintiff brings this class action and PAGA case for various violations of the Labor Cuie. (Complaint.) Defendants Sonoco Plastics, Inc. and Peninsula Packaging, LLC ("Peninsula") (collectively, "Defendant...
2023.08.17 Motion for Summary Adjudication 804
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.08.17
Excerpt: ...aving obtained an order of this Court deeming various admissions admitted by Defendants, seeks summary adjudication as to the breach of contract and breach of guaranty causes of acton. As to Defendant Torres and the breach of guaranty cause of action, Plaintiff indicates that Torres signed an individual personal guaranty section as part of the Agreement with Defendant Juan Torres Constructon Inc. as to payment for rental of equipment from Plainti...
2023.08.17 Motion for Summary Judgment 567
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.08.17
Excerpt: ... 7.) Atkins disputes that it was not "advised" "upon commencement" but instead advised "after commencement" that it would be responsible for the fees at issue. (Disputed to UMF No. 6.) Atkins paid the fees under protest and then instituted this litigation to recover what it paid. (UMF No. 8.) At issue is the contract provision under 70-02 entitled "Permits, Licenses and Taxes" which states, in full: "The Contractor shall procure all permits and l...
2023.08.16 Motion to Vacate Default Judgment, Stay Execution of Writ 121
Location: Tulare
Judge: Bianco, John P
Hearing Date: 2023.08.16
Excerpt: ...iner matter involves property located at 841 East Willow Avenue, Porterville, California 93257 ("Subject Property"). (Complaint 93.) The Court notes that the attachment to the complaint appears to indicate that this is an eviction after foreclosure sale. The form complaint used in this matter is expressly not for such actions under Code of Civil Procedure section 1161a. Additionally, the Court notes the complaint states one of the named Defendant...
2023.08.16 Motion to Vacate Default Judgment and Entry of Default 912
Location: Tulare
Judge: Bianco, John P
Hearing Date: 2023.08.16
Excerpt: ... all of which appear unrelated to rent. On May 16, 2023, Plaintiff filed a proof of service indicating personal service on Defendant Brown occurred on May 4, 2023. On May 17, 2023, this Court entered default and default judgment for possession only. On May 23, 2023, the writ of possession was issued. On July 26, 2023, Defendant filed an ex parte motion to vacate default judgment and/or stay the executon of the writ. On July 27, 2023, the Court st...
2023.08.16 Motion to File SAC, to Preserve Video Tentative Ruling 115
Location: Tulare
Judge: Bianco, John P
Hearing Date: 2023.08.16
Excerpt: ...tter after Defendants' demurrer was sustained with leave to amend on July 10, 2023. The present motion is a single page followed by the proposed second amended complaint. Plaintiff's motion cites the federal rules of civil procedure. Authority and Analysis To start, Plaintiff's ex parte motion does not seek an order shortening time for the motion to be heard and Plaintiff fails to provide good cause for the basis for an ex parte motion. Second, t...
2023.08.15 Motion to Appoint Server as to Foreign Service 761
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.08.15
Excerpt: ...int Magaly Cobain and agents of Ancillary Legal Corporation as the Special Process Server to submit the summons, complaint and related documents including a notice of related case, court order re: consolidation, statement of damages and translations of these documents to the Central Authority in Mexico as authorized by the Hague Convention. In support, Exhibit A is the affidavit of Magaly Cobain, who indicates employment as a staff attorney for A...
2023.08.15 Motion for Summary Judgment 477
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.08.15
Excerpt: ...auses of action. Plaintiff Mrs. Doe has alleged negligence against Sierra View and negligence and a number of intentional torts against Defendant Lopez as follows: 2. 3. 4. 5. 6. 7. 8. Negligence against Defendants Sierra View Medical Center ("Sierra View" and Leonardo Lopez ("Lopez"); Negligent supervision against Sierra View; Negligent hiring or retention against Sierra View; Intentional infliction of emotional distress against ü)pez•, Sexua...
2023.08.15 Motion for Preliminary Approval of Class Action and PAGA Settlement 951
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.08.15
Excerpt: ...tlement (Net Estimated: $24,845) The starting settlement amount is $343,000. Defendant previously paid $93,000 paid in connection with individual release claims via individual Pick-Up Stix agreements. Therefore, the gross settlement is $250,000. Plaintiff estimates approximately 250 to 275 proposed Class Members, prov-ding an estimated average payout of $90.34 per member. The Class Members consist of: "All current and former hourly-paid or non-ex...
2023.08.15 Demurrer 557
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.08.15
Excerpt: ...in 2017, "in connecton with [Ramirez) becoming pregnant with [Gutierrez's) child," the parties entered an "express oral agreement to treat any earnings, income, and property acquired while they lived together, as jointly owned property." Gutierrez further alleges the parties agreed they would "account" to each other and "divide the proceeds equally" if they ended their relationship. Gutierrez's alleges that, incident to the parties' agreement, Ra...
2023.08.10 Demurrer 521
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.08.10
Excerpt: ...personally served on Defendant Luz E. Garcia and indicating that the Subject Property is not subject to the Tenant Protection Act ("TPA"). The Complaint alleges that the Subject Property is not subject to the TPA pursuant to Civil Code secton The lease commenced June 7, 2021. Defendant demurrers on four grounds: 2. 3. 4. The Complaint fails to allege the Subject Property is subject to the TPA; The Notce fails to identify any lease violations and ...
2023.08.10 Motion for Judgment on the Pleadings 295
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.08.10
Excerpt: ...roperty") owned by Defendant and moving party Alfred Farr Jr. Plaintiff alleges she was injured by an explosion due to a propane leak. (Complaint 923.) Plaintiff alleged negligence and premises liability. (Complaint 910.) On August 26, 2022, Defendant served Plaintiff with requests for admissions. Having received no responses, Defendant successfully moved to deem the admissions admitted. Therefore, Plaintiff has admitted 17 requests including tha...
2023.08.10 Motion for Relief from Default Judgment 932
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.08.10
Excerpt: ...cating personal service occurred on July 20, 2023 on Defendant and moving party Huda Elhertani at the Subject Property. On July 31, 2023, this Court entered default against Defendant and on August 1, 2023, default judgment was entered and the writ of executon was issued. Judgment was entered for possession only. On August 8, 2023, Defendant Linda Wise filed these ex parte moton for relief from default judgment. In support, Defendant states: "I ta...
2023.08.10 Motion to Strike 417
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.08.10
Excerpt: ...gently operated his vehicle causing the accident with Plaintiff. (Complaint 923) As to the District, Plaintiff alleges that the Defendant Driver was operating the subject vehicle with the express or implied authority of the State of California, the County of Tulare and the District, was an agent or employee of the State of California, the County of Tulare and the District and within the course and scope of such employment with State of California...
2023.08.10 Motions to Set Aside or Vacate Entries of Default 969
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.08.10
Excerpt: ...action against a number of defendants, including moving parties (1) Roman Mancilla (2) Victor Hugo Casanova and (3) Marco Antonio Casanova for breach of contract, fraud, negligent misrepresentation, unjust enrichment and quantum meruit. On January 19, 2023, Plaintiff filed three proofs of service indicating substitute service as to (1) Roman Mancilla (2) Victor Hugo Casanova and (3) Marco Antonio Casanova occurred at 535 E. Bel Aire Dr., Dinuba, ...
2023.08.09 Motion to Vacate Judgment After Trial 061
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.08.09
Excerpt: ...lving 27598 Highway 99 #1, Visalia, CA 93277 ("Subject Property") was filed on June 14, 2023, as against Defendant Juan Garcia. On June 29, 2023, moving party Issac Sotelo, Jr. filed a prejudgment claim of right of possession and answer listing "27598 Highway 99 Apt A" as his address. On July 11, 2023, the Court sent Defendant Sotelo Jr, at the address listed on his answer, a notice of trial to be held August 2, 2023 8:30 am in Department 7. On A...
2023.08.08 Motion to Extend Time to Oppose Demurrer 300
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.08.08
Excerpt: ...ment of Consumer Affairs, the State of California, the Department of Justice, and various individuals associated with these entities, amongst others. On June 26, 2023, the Defendants described above filed a demurrer and set the hearing for August 22, 2023. Plaintiff, on June 30, 2023 filed this instant motion for an extension of time to oppose the demurrer. Plaintiff seeks a extension of time until August 4, 2023 to respond to the demurrer, thoug...
2023.08.08 Motion for Leave to File TAC 228
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.08.08
Excerpt: ... file a second amended complaint to add a cause of action under PAGA. However, the Court did not find authority to permit further amendment to add the individual defendants under section 2699.3. The Court, in adjudicating this issue prior to denial of Defendant's motion to compel arbitration, noted that it would permit the filling of a notice motion to amend the operative complaint to add the proposed individual defendants. Plaintiff, on July 17,...
2023.08.08 Motion for Judgment on the Pleadings 865
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.08.08
Excerpt: ...se and common counts involving alleged damage to commercial property, failure to pay late charges, taxes and failure to pay commission. GPC answered the complaint, but thereafter, on February 7, 2022, filed for Chapter 7 bankruptcy. On or about June 6, 2022, a notice of filing report of no distribution was sent to Plaintiff by the bankruptcy trustee setting June 30, 2022 for objections. Plaintiff apparently made no objection and Plaintiff's under...
2023.08.08 Continued Motion for Additional Attorney Fees 706
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.08.08
Excerpt: ... to the collection of the judgment in the amount of $7,996.25 in fees and $2,029.50 in costs. This prior motion, filed May 16, 2023 included fees up to May 10, 2023. Plaintiff has filed a second motion for fees and costs incurred May 11, 2023 to present, also in collection of the judgment and related specifically to the motion for receiver issue previously adjudicated. Plaintiff seeks the fees and costs incurred as to enforcement of the Judgment ...
2023.08.07 Motion to Vacate Judgment After Trial 070
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.08.07
Excerpt: .... On June 23, 2023, moving party Sheriron Edwards filed a prejudgment claim of right of possession and answer listing "27598 HY 99" as his address. On July 7, 2023, the Court sent Sheriron Edwards, at the address listed on his answer, a notce of trial to be held July 31, 2023 8:30 am in Department 7. On July 31, 2023, the Court held trial and entered judgment in favor of Plaintiff as against Defendant Sherman Edwards aka Sheriron Edwards for poss...
2023.08.07 Motion for Relief from Default, Stay Execution of Writ 211
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.08.07
Excerpt: ...ted at 41129 Road 40, Reedley, CA 93654, County of Tulare ("Subject Property") (Complaint 93.) On July 6, 2023, Plaintiff filed a proof of service indicating personal service occurred on June 26, 2023 on Defendant and moving party Linda Wise at the Subject Property. On July 6, 2023, this Court entered default against Defendant Linda Wise and on July 20, 2023, default judgment was entered and the writ of execution was issued. Judgment was entered ...
2023.08.07 Motion for Final Approval of Class Action and PAGA Settlement 851
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.08.07
Excerpt: ...ayment and class certification for settlement purposes came on for hearing on August 7, 2023. The Court finds and rules as follows: On July 14, 2023, the settlement administrator Phoenix, through its Case Manager, filed a declaration detailing the follow-ng events. On March 10, 2023 the administrator received a mailing list of 97 potential class members from Defendant's counsel with names, contact information, social security numbers and relevant...
2023.08.02 Motion for Protective Order for Expert Depositions 254
Location: Tulare
Judge: Bianco, John P
Hearing Date: 2023.08.02
Excerpt: ... August 18, 2023; and the requests for sanctons are denied. Procedural History The relevant incident date is November 18, 2021. Plaintiff filed this motor vehicle personal injury case January 27, 2022. Defendant Davey Tree answered March 14, 2022. Trial was initially set March 20, 2023. Defendant's ex parte application to continue trial to August 21, 2023 was granted. Facts re: Protective Order Plaintiff sought to depose all three of Defendant's ...
2023.08.01 Demurrer, Special Motion to Strike 024
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.08.01
Excerpt: ...Brent Calvin and Juan Vazquez, allegedly COS offcials, based on allegations related to her expulsion. Perez alleges her expulsion resulted from false accusations against her made by defendants, which were slanderous and defamatory; that meetings and a hearing relating to her expulsion were unfair; that COS made a false police report that she "smoked" at the school; that Vazquez and Calvin have ignored Perez's emails challenging defendants' conten...
2023.08.01 Motion for Relief from Defeault, to Stay Execution 306
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.08.01
Excerpt: ... matter, filed June 22 , 2023, involves property located at 3251 Manchester Street, Tulare, California 93274 ("Subject Property"). (Complaint 93.) This achon is based on a three day notice to pay rent or quit. On July 26, 2023, Plaintiff filed a proof of service indicating substitute service on Defendant and moving party Melissa Ann Carrasco occurred by service on John Doe, who refused to give a name, on July 7, 2023 at 3:08 pm at the Subject Pro...
2023.08.01 Motion for Preliminary Injunction 677
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.08.01
Excerpt: ...the parties entered into an oral agreement to jointly purchase real property located at 111 East Gannon Drive, Tulare, CA (the "Subject Property"). (Declaration of Plaintiff 95.) As a result of Defendant's superior credit score and the resulting lower interest rate, Defendant purchased the Subject Property in Defendant's name alone and agreed to add Plaintiff to the title of the Subject Property "after the close of escrow." (Declaration of Plaint...
2023.08.01 Motion to Set Aside Entry of Default 813
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.08.01
Excerpt: ...aintiff filed a proof of service of the summons and complaint reflecting substitute service on "John Doe, Person in Charge" on March 29, 2023 at 4:31 pm at a location at 4595 S Tracy Blvd., Tracy, California. The proof of service reflects a registered process server completed the proof of service. On May 19, 2023, default was entered against Defendant. On June 13, 2023, Defendant filed this motion for relief from entry of default. In support, Def...
2023.07.31 Motion to Compel Deposition, for Sanctions 669
Location: Tulare
Judge: Bianco, John P
Hearing Date: 2023.07.31
Excerpt: ...Labor Code violations as well as wrongful terminaton in violation of public policy. On May 15, 2023, Defendant served Plaintiff with a notice of deposition setting the deposition for June 20, 2023, in person, at Defendant's counsel's office in Fresno. On June 8, 2023, Plaintiff served a notce of objection, which stated, in part, that Defendant unilaterally scheduled the deposition and that Plaintiff sought "reasonable accommodation" due to COVID-...
2023.07.31 Motion to Compel Authorization for Medical Records 600
Location: Tulare
Judge: Bianco, John P
Hearing Date: 2023.07.31
Excerpt: ..., 30, 38, 44, 51.) Defendant propounded discovery as to these damages and Plaintiff identified Dr. Nancy Doi as the physician who provided treatment for the injuries, was a witness and who treated him for the disabilities alleged in the operative complaint. Thereafter, Defendant sent an authorization to Plaintiff for signature permitting the release of various records from Dr. Doi. Plaintiff has thereafter refused to sign the authorization. Defen...
2023.07.31 Demurrer, Motion to Strike FAC 018
Location: Tulare
Judge: Bianco, John P
Hearing Date: 2023.07.31
Excerpt: ... action for fraudulent inducement by concealment. Plaintiff alleges that on or about May 23, 2021, Plaintiffs entered into a warranty contract with Defendant GM regarding a 2021 Chevrolet Silverado 1500 vehicle identification number 3GCPYBEK4MG335020 (hereafter "Vehicle" or "Subject Vehicle"), which was manufactured and or distributed by Defendant GM. (First Amended Complaint ("FAC") 97.) Specifically, Plaintiffs allege the Subject Vehicle was ma...
2023.07.25 Motion to Compel Deposition of PMQ 384
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.07.25
Excerpt: ...s responsive thereto, even if identical to prior production, subject to a protective order; to deny the request for sanctions. Plaintiff's evidentiary objections four and five are sustained, the balance are overruled. In this lemon law matter, Plaintiff noticed the deposition of GM's person most qualified on January 3, 2023. Plaintiff notes GM did not appear and did not object to the notice. Plaintiff served a first amended deposition notce for G...
2023.07.25 Motion for Judgment on the Pleadings 248
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.07.25
Excerpt: ...the first cause of action for discrimination under FEHA, second cause of achon for retaliation under FEHA, fourth cause of action for failure to reasonably accommodate under FEHA, fifth cause of action for failure to engage in the interactive process under FEHA, sixth cause of action for whistleblower retaliation under Labor Code secton 1102.5, eighth cause of achon for a CFRA violation and ninth cause of achon from CFRA retaliation. Initially, t...
2023.07.25 Motion for Additional Attorney Fees 706
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.07.25
Excerpt: ...based on Plaintiff's ex parte moton for appointment of a receiver. The Court further ordered that any sale proceeds from the "Three Rivers Property Order" payable to Old Oak Assets shall be held in escrow or deposited by escrow with this Court. The underlying motion is based upon an unsatisfied judgment in this instant case against Defendant Robert Hart and former Defendant Elizabeth Hart. Further, Robert and Elizabeth are subject to a dissolutio...
2023.07.25 Demurrer to FAC 047
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.07.25
Excerpt: ...ling of the lawsuit thereafter. Plaintiff's first amended complaint alleges, as to the compliance issue: "12. Prior the initiation of this lawsuit, Plaintiff timely served on VUSD tort claims in accordance with Government Code SS 910 and 911.2. 13. Plaintiff's Complaint is timely because she did not receive written responses to her government claims within the established forty-five (45) days, and thus had the full two (2) year statute of limitat...
2023.07.24 Demurrer 562
Location: Tulare
Judge: Bianco, John P
Hearing Date: 2023.07.24
Excerpt: ...t Amazon. Plaintiff alleges employment through Last Piece ü)gistics, LLC, a transportation company hired, retained and/or employed by Defendant Amazon to deliver packages to Amazon customers. (Complaint 'III.) Plaintiff alleges that the dog that bit him December 1, 2021, had previously attacked and injured a FedEx driver in 2020, generating a bite report for the dog, for the same residence, via Tulare County Animal Services. (Complaint 1121) Pla...
2023.07.18 Motion to Quash Service of Summons 653
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.07.18
Excerpt: ..."Subject Property"). Plaintiff filed this action July 5, 2023. On July 11, 2023, Defendant moved to quash service of summons. Defendant's moton states Defendant "was served with this action on July 7, 2023" but Defendant was not home at the "time of service." Further, that Defendant "after being gone for approx.. 3 days returned home on July 7., 2023...and she discovered that Plaintiff had filed and left an incomplete copy of the unlawful Detaine...

1872 Results

Per page

Pages