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1872 Results

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2019.10.29 Motion for Summary Adjudication 504
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2019.10.29
Excerpt: ...t. Plaintiffs allege Defendant negligently flooded a roadway causing the subject accident resulting in the death of Margarito Hernandez Ortega. Plaintiffs Jose Luis Herndandez Rios and Maria Ines Ortega Aragon assert they are the dependent parents of the decedent. Plaintiff Maria Griselda Delgado Antuna asserts she is the putative spouse of the decedent and that the minor Plaintiffs, Adilene Hernandez Delgado and Alexander Hernandez Delgado are d...
2019.10.29 Application for Continued Temporary Protective Order 120
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2019.10.29
Excerpt: ...Protective Order continued until the hearing on the application. Plaintiff contends he contracted with Defendants to handle his payroll services. Services to be provided by Defendants included taking funds from Plaintiff's account and depositing the funds with the IRS in satisfaction of Plaintiff's payroll tax obligations. Plaintiff alleges Defendants took funds from Plaintiff's account and failed to deposit the funds with the IRS leaving Plainti...
2019.10.28 Motion to Set Aside Default, Judgment 127
Location: Tulare
Judge: Reed, Melinda
Hearing Date: 2019.10.28
Excerpt: ...)). It may be an abuse of discretion to grant relief under Code of Civil Procedure Section 473 where there is unexplained delay of over three months before moving for relief. Huh v. Wang (2008) 158 Cal.App.4th 1406, 1421 n.4. Here, default was entered in this case on December 5, 2018, and the present motion was not filed until September 17, 2019. The six month requirement was not met. As such, the motion is untimely. Additionally, on the merits, ...
2019.10.24 Motion to Appoint Receiver 439
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2019.10.24
Excerpt: ...n abstract of judgment was recorded on March 26, 2012 with the Los Angeles County Recorder's Office (Instrument #20120460349). Plaintiff assigned its judgment to Movant, WV Capital Ventures, LLC on or about August 6, 2019. An amended abstract of judgment was recorded on September 5, 2019 with the Los Angeles County Recorder's Office (Instrument #20190908861). Movant asserts the judgment remains unpaid. The amount claimed due consists of the princ...
2019.10.24 Motion for Determination of Good Faith Settlement 784
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2019.10.24
Excerpt: ...ct action where the plaintiffs have agreed to accept the sum of $500.00 from cross-defendant M & B Carpentry, Inc., in exchange for a release of all claims arising out of M & B Carpentry, Inc.'s work on a single home, located at 3732 Salle Street, Visalia. Plaintiffs have also agreed to release Centex Homes from all liability arising out of the work performed by M & B Carpentry, Inc. on the single home referenced in the settlement. CCP § 877.6 a...
2019.10.22 Petition for Relief from Claim Requirement 395
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2019.10.22
Excerpt: ...en January 15 and January 22, 2019, Ms. Rodriguez retained her present counsel. Ms. Rodriguez did not timely file a claim for damages against the Kaweah Delta Health Care District within the six-month period from the date of incident as required under the Government Claims Act (Government Code §912.4 and §945.4.) because her counsel was unaware that KDHCD was a public entity subject to a pre-litigation submission of a claim to KDHCD. On June 5,...
2019.10.22 Motion to Set Aside and Vacate Default, Judgment, for Leave to Defend 449
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2019.10.22
Excerpt: ...ons and complaint on defendant Anthony B. Contreras. The date of this purported service was September 10, 2018 at 8:33 p.m. and the address for this service was at 3905 S. Linda Vista St. Visalia, California 93277. Mr. Contreras does not dispute that he resided at this Linda Vista address on September 10, 2018 when the process server attempted personal service of the summons and complaint on Mr. Contreras. Plaintiff's Request to Enter Default was...
2019.10.22 Demurrer 481
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2019.10.22
Excerpt: ...ages. Defendant's demurrer to Plaintiff's original pleading was sustained with leave to amend on July 30, 2019. Plaintiff filed his First Amended Complaint on August 15, 2019. The FAC contains the same 2-page form Judicial Council Complaint for the same purported causes of action: recording a false document, slander of title, and wrongful foreclosure. Plaintiff has added copies of additional recorded documents and a document captioned “Memorand...
2019.10.21 Motion for Preliminarily Approving Class Action Settlement, Notice of Class Action Settlement, for Final Approval 839
Location: Tulare
Judge: Reed, Melinda
Hearing Date: 2019.10.21
Excerpt: ...ion Settlement; and (3) Setting Hearing for Final Approval without prejudice. 1. Sufficiency of Amount of Settlement ($300,000.00) Insufficient information has been submitted as to the basis for the court to make the merits evaluation required by Kullar v. Foot Locker Retail, Inc. (2008) 168 Cal. App. 4th 116, 129. Plaintiff needs to provide specific factual information concerning the discussions between plaintiff and counsel, time records that w...
2019.10.17 Motion to Oppose False Court Report Claims, to Consolidate and Vacate, Reopen, or Correct False Claim Docs, to Seal 995
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2019.10.17
Excerpt: ...ff Tracy Lee Fannin (“Ms. Fannin”) Complaint Harassment Relief from Damages for Slander/Libel; (2) To deny Ms. Fannin's Motion to Oppose 1992-1995 False Court Report Claims and Court Reports and False Police Reports with Name or Similar Names; (3) To deny Ms. Fannin's Motion to Consolidate and Vacate/Reopen/Correct False Claim Documents, and to Seal File This motion arises out of mutual restraining orders that this court granted in 1995 in fa...
2019.10.17 Motion to Enforce Settlement Agreement 786
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2019.10.17
Excerpt: ... Torrez under a durable power of attorney (executed more than 2 years prior to the settlement). Plaintiff John Torrez III died on July 15, 2019 before the settlement was completed. Plaintiff Bernadette Torrez filed the current motion to enforce the terms of the settlement. Defendant Parmod Kumar, M.D. opposes the motion. Defendant asserts the settlement cannot be enforced because it was not signed by Plaintiff John Torrez III. (Levy v. Superior C...
2019.10.17 Motion to Set Aside Conditional Settlement Pursuant to Default 564
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2019.10.17
Excerpt: ...nt as per California Rule of Court 3.1113(l) Also, a Request for Judicial Notice can be granted only as to the extent of the date of filing of the documents on file with the Court for this action and as to minute orders and other orders for this case that appear in the Court's file. Except for orders from the Court that appear in the Court's file for this case, the Court denies plaintiff's request for judicial notice as to the contents of other d...
2019.10.17 Motion for Judgment on the Pleadings 336
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2019.10.17
Excerpt: ...rincipal sum of $25,600.98 Plaintiff's complaint pleads causes of action for the common counts of account stated and open book account. Defendant Meyerstein's answer to Bank of America's complaint does not contest any of the allegations raised in the plaintiff's complaint, nor raise any affirmative defenses to the causes of action set forth in Bank of America's complaint. The extent of Mr. Meyerstein's answer to the plaintiff's complaint is limit...
2019.10.3 Motion for Summary Judgment, Adjudication 898
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2019.10.3
Excerpt: ...ssue exists as to any material fact and the moving party is entitled to judgment as a matter of law. (Code Civ. Proc., § 437c, subd. (c).) "[T]he party moving for summary judgment bears an initial burden of production to make a prima facie showing of the nonexistence of any triable issue of material fact; if he carries his burden of production, he causes a shift, and the opposing party is then subjected to a burden of production of his own t...
2019.10.3 Motion for Summary Judgment, Adjudication 468
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2019.10.3
Excerpt: ...ber 6 and overruled in all other respects. Defendant's objections to the Declaration of Robert B. Moeller are overruled. Defendant's objections to the Declaration of Chuck Stokke are overruled. Defendant's suggestion that Plaintiff is now asserting two new unpled claims for failure to warn and for failure to provide testing is not persuasive. The assertions by Plaintiff are sufficiently related to Plaintiffs claims including claims of misrepresen...
2019.10.1 Motion to Transfer Venue, to Sever All Claims 191
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2019.10.1
Excerpt: ...JT2, Inc. to Transfer Venue. To Grant the motion by Fidelity and Deposit Company of Maryland to Transfer Venue and to order this action transferred to the Kings County Superior Court. Plaintiff shall be responsible for all costs and fees associated with the transfer. Transfer fees are payable within thirty (30) days of this order. (3) There is no ruling on the Motion by Defendant Park Associates, Inc. to sever All Claims Concerning the Earlimart ...
2019.10.1 Motion to Stay Proceeding 315
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2019.10.1
Excerpt: ...ildren of decedent Brittany Ibarra. Defendant Luis Gustavo Osejo was the driver of the other vehicle involved in the accident. Based on Mr. Osejo's fleeing from the scene of this motor vehicle accident, a criminal complaint was filed against him that charged him with felony homicide. Mr. Ojedo now seeks a stay of this civil action pending the resolution of this criminal case so as to preserve his Fifth Amendment right against self-incrimination. ...
2019.10.1 Motion to Require Posting of Security 642
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2019.10.1
Excerpt: ... judicial notice but denied as to Exhibit A. Except for orders from the Court that appear in the Court's file for this case, the Court denies request for judicial notice as to the contents of plaintiff's third amended complaint and other documents in the Court's file for this action as inadmissible hearsay. See Day v. Sharp (1975) 50 Cal.App.3d 904, 914; Fremont Indemnity Co. v. Fremont General Corp. (2007) 148 Cal.App.4th 97, 113. The court may ...
2019.10.1 Motion to Compel Compliance with Subpoena for Production of Mental Health Records, to Continue Trial 008
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2019.10.1
Excerpt: ...s Motion to Continue Trial Date and Related Dates. Tentative Ruling: (1) and (2) to Grant Defendant's Motions to Compel, in part, and to order witness Central Valley Regional Center to produce to Defendant all documents in its possession responsive to Defendant's Deposition Subpoena for Production of Business Records issued April 17, 2019 and to order witness Tulare County Health and Human Resources to produce to Defendant all documents in its po...
2019.10.1 Motion for Determination of Good Faith Settlement 039
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2019.10.1
Excerpt: ...itch to the City of Visalia. Defendant Tulare Irrigation District (TID) is a shareholder. On December 27, 2016, Lake Kaweah underwent a flood release. As the result of this flood release, water released in the lake began to encroach on EDC's storage space. By December 31, 2016, EDC's water at Lake Kaweah was released in river channels or was diverted on the river system, causing EDC to lose water. On December 31, 2016, Marc Crenshaw, Watermaster ...
2019.10.1 Demurrer, Motion to Strike 480
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2019.10.1
Excerpt: ...sion, Inc.'s motion to strike without leave to amend. Plaintiff's Request for Judicial Notice as to Exhibits “A” and “B” is granted only as to the date of filing of those documents on file with the Court for Case # VCU 271734 and as to minute orders and other orders for that case that appear in the Court's file for that case. Except for orders from the Court that appear in the Court's file for case # VCU 271734, the Court denies plaintiff...
2019.10.1 Demurrer 116
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2019.10.1
Excerpt: ... sustained with leave to amend. On August 21, 2019 Plaintiffs filed a Second Amended Complaint. Defendant's current demurrer followed. Plaintiffs have attempted to address pleading deficiencies by naming two Plaintiffs (instead of one) and by an apparent attempt to focus their claims arising from acts which occurred in 2015. It remains unclear what relief or damages Plaintiffs are claiming. On the face of the pleading, Plaintiffs' claims remain t...
2019.1.31 Petition to Release Property from Mechanics' Lien, Request for Attorneys' Fees 569
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2019.1.31
Excerpt: ..., 2017; and to Order Petitioner recover from Respondent Robert Hart reasonable attorneys' fees and costs in the total sum of $3,500.00. The Petition is sufficient to establish Petitioner is the owner of real property commonly known as 800 W. Acequia, Visalia, California 93291. In conjunction with his complaint filed against Petitioner, Respondent Robert Hart caused a Mechanics' Lien Claim to be recorded with the office of the Tulare County Record...
2019.1.31 Demurrer, Motion to Strike 167
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2019.1.31
Excerpt: ...' Amended Complaint as to all causes of action, with leave to amend; and (2) To Grant the Motion by Defendant Tri-County Medical Transport, Inc. to Strike Allegations of Plaintiff's Amended Complaint and to strike paragraphs 14 and 16 of the Amended Complaint and to strike paragraphs 2, 3, and 4 of Plaintiffs' prayer for relief, with leave to amend. Plaintiffs shall file any amended pleading within ten (10) days of this order. Defendant's objecti...
2019.1.30 Demurrer 093
Location: Tulare
Judge: Roper, Glade
Hearing Date: 2019.1.30
Excerpt: ... court is to assume the truth of all well- pleaded facts. (Blank v. Kirwan (1985) 39 Cal. 3d 311, 318; CCP 430.30.) The court will accept as true all facts that may be implied or inferred from those alleged. (Marshall v. Gibson, Dunn & Crutcher (1995) 37 Cal. App. 4th 1397, 1403.) The court “‘is to determine whether the pleaded facts state a cause of action on any available legal theory.' [Citation.]" (Richelle L. v. Roman Catholic Ar...

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