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1872 Results

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2019.11.21 Motion for Change of Venue 333
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2019.11.21
Excerpt: ...nsfer of this action within 30 days from the notice of this ruling. Defendant Baker & Hostetler LLP's Request for Judicial Notice is granted as to Exhibits “A” and “B” of this defendant's request for judicial notice under Evidence Code §452(c) and §452(d). Plaintiff Tulare Local Health Care District is a public agency located in Tulare County. Defendants Parmod Kumar, MD, Linda Wilbourn, and Richard Torrez are residents of Tulare County...
2019.11.21 Demurrer 220
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2019.11.21
Excerpt: ...f's third, fifth, and sixth causes of action are overruled. Defendants Planas and Saludes shall have twenty days' leave to answer the plaintiff's complaint. Defendant Kevin Planas' Request for Judicial Notice is granted under Evidence Code §452(h) OPERATIVE FACTS On April 2, 2015, plaintiff Connee L. Bantang (“Ms. Bantang), age 75, signed a quit claim deed that conveyed to defendant Kevin Planas (“Mr. Planas”) a one-half interest in real p...
2019.11.19 Motion to Consolidate Actions 037
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2019.11.19
Excerpt: ...r these cases shall be filed in case VCU 277037 as the lead case for this consolidated action. These cases shall also be set for a Status Conference on a date to be set by the Clerk of the Court. Proper notice of this motion was given to all parties. There has been no response to this motion. OPERATIVE FACTS These two actions that the defendants seek to consolidate arise out of the same traffic collision that occurred on March 4, 2017 on Road 60 ...
2019.11.19 Motion for Attorneys' Fees 453
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2019.11.19
Excerpt: ...es and entitled to recover attorneys' fees pursuant to Civil Code 1794(d). Plaintiffs seek a total of $49,895.05 in fees. Defendant opposes the motion asserting the fees requested are unreasonable and excessive under the circumstances of this action. Prior to litigation, Plaintiffs made a repurchase demand. Defendant responded with a demand to inspect the vehicle. It does not appear that either party engaged in many other reasonable efforts to re...
2019.11.19 Motion for Leave to File Amended Complaint 756
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2019.11.19
Excerpt: ...n. Plaintiff Definitive Staffing Solutions, Inc. seeks leave to file a Third Amended Complaint (TAC) to name TS Dynamic Corp. as a new defendant to this case based on responses to discovery that plaintiff recently received that indicate that TS Dynamic is a proper defendant to this action. TS Dynamic is another alter-ego entity of defendants Troy Sibel and Christopher Rangel. Information that plaintiff recently obtained indicates that TS Dynamic ...
2019.11.18 Demurrer 026
Location: Tulare
Judge: Reed, Melinda
Hearing Date: 2019.11.18
Excerpt: ...dant Visalia Unified School District (VUSD). On demurrer, VUSD asserts plaintiff's FEHA claims are defective for failure to exhaust administrative remedies, failure to allege adequate adverse employment action, and failure to show harassment. A demurrer can only be used to challenge defects that appear on the face of the complaint or from matters properly judicially noticed. In Saxer v. Philip Morris, Inc. (1975) 54 Cal. App. 3d 7, 18, the court ...
2019.11.18 Motion for Preliminary Approval of Class Action Settlement 725
Location: Tulare
Judge: Reed, Melinda
Hearing Date: 2019.11.18
Excerpt: ...ion for preliminary approval of class action settlement. Here, plaintiffs submit their counsel Edwin Aiwazian's declaration in response to the court's ruling of June 17, 2019, denying their first motion without prejudice. 1. Sufficiency of Amount of Settlement ($1,300,000.00) Plaintiffs have now provided estimates of the total value of each of their claims and submitted the damages models used for their causes of action. The damages models appear...
2019.11.14 Motion to Vacate Dismissal, Enter Judgment 573
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2019.11.14
Excerpt: ...rest on the judgment as provided by law, and the attorney fees and costs incurred to enforce this settlement agreement. All parties were given proper notice of this motion. The court has not received any response to this motion. This is an action arising around of a credit card obligation due and owing from defendant Kellie Neufeld to plaintiff American Express Centurion Bank. Plaintiff pleads causes of action for account stated, open book accoun...
2019.11.7 Motion for Preliminary Approval of Class Action Settlement 975
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2019.11.7
Excerpt: ... not submit the entire motion and initial declarations a second time. The class that is the subject of this case is as follows: “All persons employed by either of the Defendants, Sun Villaidence Opco, LLC or Lindsay Gardensidence Opco, LLC, in California in a non-exempt, hourly-paid employment position at any time during the time period from March 1, 2014 through the date of preliminary approval.” Insufficient information has been submitted a...
2019.11.5 Demurrer 794
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2019.11.5
Excerpt: ... barred for failure to comply with tort claim presentation requirements and are time barred. Plaintiff's preliminary factual allegations are unchanged. Plaintiff asserts she was subject to sexual abuse while in high school and thereafter, from 1999 through 2003. Plaintiff asserts the last abuse occurred in 2003. Plaintiff further asserts the perpetrator used threats to intimidate Plaintiff from reporting the abuse. As in the First Amended Complai...
2019.11.5 Motion for Costs 771
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2019.11.5
Excerpt: ...ot.” (italics added) Costs recoverable under §1032 are restricted to those that are both reasonable in amount and reasonably necessary to the conduct of the litigation [(CCP1033.5(c)(2) and (c)(3)] Costs “merely convenient to its preparation” are disallowed. See CCP §1033.5(c)(2); Ladas v. California State Auto. Association (1993)19 Cal.App.4th 761,774 This is an action for injunctive relief where defendant Christopher Renfro was the prev...
2019.11.5 Motion to Strike 461
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2019.11.5
Excerpt: ...e signs on the east side of northbound Highway 65 to advise drivers of a crosswalk in the area where the accident happened. These signs also had attached lights that flashed when someone presses the button to indicate that someone is trying to cross the roadway within the crosswalk. On Highway 65 north of Sequoia Avenue there were signs posted to control southbound traffic at a 35 mph speed limit, a sign to indicate a crosswalk is ahead, and an a...
2019.11.5 Motion for Entry of Judgment 013
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2019.11.5
Excerpt: ...ement agreement that provided that judgment in the sum of $27,844.44 would not be entered against defendant Seth Schulz so long as he paid to plaintiff Ford Motor Credit Company the minimum monthly sum of $300.00 from September 20, 2017 through August 20, 2019, followed by the minimum monthly sum of $400.00 from September 20, 2019 forward until the balance due of $27,844.44, plus interest at 5.9% was paid in full. This settlement agreement also p...
2019.11.4 Motion for Summary Judgment, Adjudication 467
Location: Tulare
Judge: Reed, Melinda
Hearing Date: 2019.11.4
Excerpt: ...esponse to the motion has been filed. Defendant Kaweah Delta Health Care District's (Kaweah) request for judicial notice is granted. Plaintiff Alma Tapia's complaint for malpractice and wrongful death alleges Kaweah acted negligently by failing to properly diagnose plaintiff's daughter with medical conditions, including an embolism, that caused her death. On summary judgment and adjudication, Kaweah contends plaintiff's complaint is barred becaus...
2019.10.31 Motion to Dismiss, to Lift Discovery Stay 840
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2019.10.31
Excerpt: ...nt for Failure to Bring Action to Trial within 5 Years; and (2) To Deny the Motion by Cross- Defendants to Lift Discovery Stay as to Centex Homes' Cross-Complaint re: Crawford Damages These motions are brought by eight Cross-Defendants: Fenceworks, Inc.; McClure Door, Inc., Award Construction and Roofing, Inc.; Spence Fence Company; Ruben I. Tkacz; McClard Masonry Construction, Inc.; M&B Carpentry, Inc., and Lexington Insurance Company, obo Advan...
2019.10.31 Demurrer 163
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2019.10.31
Excerpt: ...nt shall file his answer to the First Amended Complaint within ten (10) days of this order. Plaintiffs' action seeks damages for wrongful death/medical malpractice for treatment provided to Plaintiffs' decedent Dionicio Santillan. Plaintiffs also seek damages for emotional distress. Defendant demurs to Plaintiffs' First Amended Complaint asserting 1) Plaintiffs have improperly combined two separate claims – survivorship claims and wrongful deat...
2019.10.8 Motion to Seal Records 808
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2019.10.8
Excerpt: ...s accident, the parties were required to obtain a court order to approve the settlement that the parties reached to resolve this case. The parties agreed in this settlement agreement that the provisions of this agreement (most specifically the financial details) were intended to be kept confidential to avoid the substantial and severe prejudice would inure to the defendant Student Transportation of America in pending and subsequent actions where ...
2019.10.8 Motion to Compel Responses 083
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2019.10.8
Excerpt: ...rogatories, set two, and request for production of documents set two. Plaintiffs Humberto Sanchez, Emily Sanchez, Nery Carina Pena, and Maria Lopez shall each provide full and complete verified responses to these interrogatories and inspection demand without objection within thirty days from the service of the notice of this ruling. Plaintiffs shall also pay monetary sanctions in the amount of $750.00 to defendant's counsel within thirty days aft...
2019.10.8 Motion to Compel Deposition 531
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2019.10.8
Excerpt: ... plaintiff and defendants are directed to coordinate with plaintiff Lopez a mutually convenient date and location for him to deposed (either personally or via video) that is no later than within ten days from the date of this ruling for this motion. Plaintiff Ludvin Gonzalez Lopez shall also pay mandatory monetary sanctions to defendants' counsel in the amount of $1,060.00 as required under CCP §2023.010, §2023.030(a) and §2025.450(g)(1) withi...
2019.10.8 Motion for Preliminary Approval of Class Settlement 858
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2019.10.8
Excerpt: ...rmation has been submitted as to various provisions of the settlement agreement for the court to make the merits evaluation required by Kullar v. Foot Locker Retail, Inc. (2008) 168 Cal.App.4th 116, 129. 1. Sufficiency of Amount of Settlement ($4,000,000.00) The gross settlement amount is $4,000,000.00 which was agreed to by the parties at mediation. Plaintiff estimates the total number of class members is 4,500. Plaintiff's investigation of Defe...
2019.10.8 Motion for Judgment on the Pleadings 419
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2019.10.8
Excerpt: ...d to sign the form of judgment lodged by Plaintiff. Proof of service in the file indicates notice of the motion was adequate. No response to the motion has been filed. This is an action to collect amounts claimed due from Defendant on a credit account. Defendant filed an answer on December 20, 2018. By its motion, Plaintiff contends the answer is insufficient to controvert the claims in the complaint and insufficient to state any defense. Defenda...
2019.10.8 Motion for Change of Venue 293
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2019.10.8
Excerpt: ...d to be filed in Fresno County, but due to an inadvertent error in the office of plaintiff's counsel, the summons and complaint for this case were mailed to this court. The correct venue for a breach of contract action is in the county where the defendant resides or where the contract was entered into or to be performed. See CCP §395(a). Where the county where the action was originally commenced is not the proper court for the case, the court sh...
2019.10.7 Motion for Judgment on the Pleadings 568
Location: Tulare
Judge: Reed, Melinda
Hearing Date: 2019.10.7
Excerpt: ...uest for judicial notice is granted. Plaintiffs Albert V. Tayo and Mavelin E. Tayo's (collectively plaintiffs) complaint for violations of the California Homeowners' Bill of Rights seeks to prevent Bank from pursuing non-judicial foreclosure of a lien against their property. Bank's motion for judgment on the pleadings asserts all of plaintiffs' claims fail as pled. As noted by Bank, a motion for judgment on the pleadings is properly granted if th...
2019.10.7 Motion for Approval of PAGA Settlement 371
Location: Tulare
Judge: Reed, Melinda
Hearing Date: 2019.10.7
Excerpt: ...e with reference to the public policies underlying PAGA. (O'Connor v. Uber Technols., Inc. (2016) 201 F.Supp.3d 1110, 1113.) Plaintiff claims the gross settlement amount of $270,000.00 is fair and reasonable for the 1,140 employees who worked during the PAGA period (June 18, 2017 to date of approval of settlement). But, there is no estimate of the total value of their asserted wage and hour claims and the basis for the estimate. Plaintiff needs t...
2019.10.7 Demurrer 523
Location: Tulare
Judge: Reed, Melinda
Hearing Date: 2019.10.7
Excerpt: ...rchase of a new 2012 Dodge Ram vehicle in April 2013. On demurrer, defendant FCA US LLC (FCA) contends the second cause of action for breach of implied warranty is time-barred and the fourth cause of action for fraudulent inducement- concealment is precluded by the economic loss rule. The court agrees. As to breach of implied warranty, a claim accrues when the breach occurs regardless of a party's knowledge. (Com. Code § 2725(b).) The statute of...

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