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1853 Results

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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 1800,25
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2018.7.27 Motion to Deem Matters Admitted, Request for Monetary Sanctions 036
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2018.7.27
Excerpt: ...est for monetary sanctions is granted. The court orders Defendants Bill Dolan and United Signs International to pay to Plaintiff the sum of $390.00 as a monetary sanction. Sanctions are payable within ten (10) days of this order. Proof of service in the file indicates notice of the motion was adequate. No response to the motion has been filed. Plaintiff's moving papers are sufficient to establish Defendants have failed to respond to properly prop...
2018.7.27 Demurrer 392
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2018.7.27
Excerpt: ...e Defenses asserted in Defendants' Answer, with 10 days leave to amend. (1) Demurrer to Answer No response to the demurrer has been filed. Defendants' Second through Eighteenth Affirmative Defenses asserted in their answer contain no factual allegations to support any of the affirmative defenses. Plaintiff's demurrer is sustained as to each of these affirmative defenses under CCP 430.20(b). Defendants may be able to assert facts sufficient to sup...
2018.7.27 Motion for Preliminary Approval of Class Action Settlement 798
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2018.7.27
Excerpt: ...eeking amounts claimed due from Defendant for various wage and hour violations. Defendant has opposed Plaintiff's Complaint. The parties participated in mediation and have executed a settlement agreement to resolve the claims of eligible class members. The class consists of 69 former and current employees who worked at Defendant's dairy. The gross settlement is for $250,000.00. If all of Plaintiff's requested deductions were approved, the net set...
2018.7.26 Demurrer 392
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2018.7.26
Excerpt: ...e Defenses asserted in Defendants' Answer, with 10 days leave to amend. (1) Demurrer to Answer No response to the demurrer has been filed. Defendants' Second through Eighteenth Affirmative Defenses asserted in their answer contain no factual allegations to support any of the affirmative defenses. Plaintiff's demurrer is sustained as to each of these affirmative defenses under CCP 430.20(b). Defendants may be able to assert facts sufficient to sup...
2018.7.25 Motion for Nonsuit 846
Location: Tulare
Judge: Roper, Glade
Hearing Date: 2018.7.25
Excerpt: ...o establish it was entitled to judgment for possession and judgment for Plaintiff and against Defendant was entered. Defendant filed her subject motion on July 3, 2018 more than four months after entry of judgment. The motion is untimely as not brought at the conclusion of Plaintiff's opening statement as required under CCP 581c(a). On the merits, Defendant's motion also fails. A motion for nonsuit is similar to a demurrer. It concedes the truth ...
2018.7.25 Motion for Judgment on the Pleadings 630
Location: Tulare
Judge: Roper, Glade
Hearing Date: 2018.7.25
Excerpt: ...o response to the motion has been filed. Plaintiff previously obtained an order from the court deeming matters admitted. The prior order and the moving papers are sufficient to establish that Plaintiff's Complaint is sufficient to state a cause of action against Defendant and that Defendant cannot state facts sufficient to assert any viable defense. Accordingly, Plaintiff is entitled to recover judgment on its Complaint against Defendant Claudia ...
2018.7.25 Demurrer 590
Location: Tulare
Judge: Roper, Glade
Hearing Date: 2018.7.25
Excerpt: ...or personal injury damages arising from an accident on September 11, 2015 (See Complaint, Attachment MV-1.) Defendants demur asserting all of Plaintiffs' claims are barred as a matter of law by the two year statute of limitations under CCP 335.1. Plaintiffs have not made any showing that they can assert facts sufficient to show their claims are not statutorily barred. Accordingly, leave to amend is appropriately denied. If no one requests oral ar...
2018.7.24 Motion to Compel Discovery Responses, for Sanctions 572
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2018.7.24
Excerpt: ...admitted. Mr. Zarabi shall also pay monetary sanctions under CCP § 2023.030 and §2033.280(c) in the amount of $460.00 within thirty days from the notice of this ruling. The Court notes that this discovery motion was timely noticed and served on defendant Zarabi at the address of his counsel as identified in his answer to plaintiff's complaint The Court has not received any response from defendant to this discovery motion. Exhibit “A” to the...
2018.7.24 Motion for Final Approval of Class Action Settlement 342
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2018.7.24
Excerpt: ...following findings: 1. Under the Preliminary Approval Order, the Notice of Class Action Settlement (hereinafter referred to as the "Notice") was mailed to all members of the Class by first-class U.S. mail. The Notice informed the Class of the terms of the Settlement, of their right to receive their proportional Settlement Payment, of their right to request exclusion from the Class and the Settlement, of their right to comment upon or obje...
2018.7.20 Motion for Change of Venue 130
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2018.7.20
Excerpt: ... when a third party purchased the property through escrow which closed on or about January 3, 2018 shortly after this action was commenced in December of 2017. As a result of the property sale, the only issue remaining between the parties is whether Plaintiff is entitled to recover from Defendants some portion of the amounts Defendants were paid out of escrow for the release of their liens. In no event will any determination by this court in this...
2018.7.20 Motion for Appointment of Receiver, Issuance of Injunction 755
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2018.7.20
Excerpt: ...ble to locate Respondent to effectuate personal service. Notice has been posted at the subject property in Exeter and notice has been mailed to Respondent's last known address in the People's Republic of China. No response to the petition or to the motion has been filed. Petitioner has not received any contact from Respondent. The petition and motion involve commercial real property in Exeter which appears to have been abandoned. The property has...
2018.7.20 Motion for Determination of Good Faith Settlement 930
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2018.7.20
Excerpt: ...fficient to show the settlement between Woodside Homes and Talons Landscape Development, Inc. was made in good faith and is reasonable under CCP 877.6 and Tech Bilt, Inc. v. Woodward‐Clyde & Associates (1985) 38 Cal.3d 488. If no one requests oral argument, the court is prepared to sign the form of order lodged by Movant. ...
2018.7.20 Motion to Determine Prevailing Party, to Fix Amount of Attorneys' Fees 492
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2018.7.20
Excerpt: ... includes the amount of $960.00 as attorneys' fees under CCP 1717.7(c). Proof of service in the file indicates notice of the motion was adequate. No response to the motion has been filed. Defendant's moving papers are sufficient to establish Defendant was the prevailing party in this action to recover on an open book account. Defendant is entitled to recover as costs his reasonable attorneys' fees not to exceed $960.00. (CCP 1717.7(c).) Defendant...
2018.7.19 Motion to Determine Prevailing Party, to Fix Attorneys' Fees 492
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2018.7.19
Excerpt: ... includes the amount of $960.00 as attorneys' fees under CCP 1717.7(c). Proof of service in the file indicates notice of the motion was adequate. No response to the motion has been filed. Defendant's moving papers are sufficient to establish Defendant was the prevailing party in this action to recover on an open book account. Defendant is entitled to recover as costs his reasonable attorneys' fees not to exceed $960.00. (CCP 1717.7(c).) Defendant...
2018.7.19 Motion for Change of Venue 130
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2018.7.19
Excerpt: ... when a third party purchased the property through escrow which closed on or about January 3, 2018 shortly after this action was commenced in December of 2017. As a result of the property sale, the only issue remaining between the parties is whether Plaintiff is entitled to recover from Defendants some portion of the amounts Defendants were paid out of escrow for the release of their liens. In no event will any determination by this court in this...
2018.7.19 Motion for Appointment of Receiver, Issuance of Injunction 755
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2018.7.19
Excerpt: ...ble to locate Respondent to effectuate personal service. Notice has been posted at the subject property in Exeter and notice has been mailed to Respondent's last known address in the People's Republic of China. No response to the petition or to the motion has been filed. Petitioner has not received any contact from Respondent. The petition and motion involve commercial real property in Exeter which appears to have been abandoned. The property has...
2018.7.18 Motion to Compel Med Exam 198
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2018.7.18
Excerpt: ...t 10:00 a.m. at 729 N. Medical Center Drive #101-West, Clovis, Ca. 93611. OPERATIVE FACTS This action arises out of injuries sustained in two separate and distinct motor vehicles that occurred on November 6, 2015 and March 10, 2017 respectively. As a result of these two accidents, plaintiff Sabra Galloway claims injuries including a neck injury, 3 fractured ribs, a fractured clavicle, left hand pain, left shoulder pain, and left foot pain. Defend...
2018.7.18 Motion for Summary Judgment, Adjudication 948
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2018.7.18
Excerpt: ...g the construction and effect of supporting and opposing papers. (Tsemetzin v. Coast Federal Savings & Loan Assn. (1997) 57 Cal.App.4th 1334, 1342.) Summary judgment is granted when no triable issue 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 ...
2018.7.18 Motion for Judgment on the Pleadings 670
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2018.7.18
Excerpt: ... to the motion for judgment on the pleadings for the purpose of determining if an agreement can be reached that resolves the claims to be raised in the motion for judgment on the pleadings. If an amended pleading is filed, the responding party shall meet and confer again with the party who filed the amended pleading before filing a motion for judgment on the pleadings against the amended pleading. (1) As part of the meet and confer process, the m...
2018.7.18 Demurrer 636
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2018.7.18
Excerpt: ... (Stop Youth Addiction, Inc. v. Lucky Stores, Inc. (1998) 17 Cal.4th 553, 558; People ex rel. Lungren v. Superior Court (1996) 14 Cal.4th 294, 300.) However, the assumption of truth does not apply to contentions, deductions, or conclusions of law and fact. (Id. at pp. 300- 301; Moore v. Regents of University of California (1990) 51 Cal.3d 120, 125.) The court considers all matters which properly may be judicially noticed. (Blank v. Kirwan (1985) ...
2018.7.17 Motion to Compel Med Exam 198
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2018.7.17
Excerpt: ...t 10:00 a.m. at 729 N. Medical Center Drive #101-West, Clovis, Ca. 93611. OPERATIVE FACTS This action arises out of injuries sustained in two separate and distinct motor vehicles that occurred on November 6, 2015 and March 10, 2017 respectively. As a result of these two accidents, plaintiff Sabra Galloway claims injuries including a neck injury, 3 fractured ribs, a fractured clavicle, left hand pain, left shoulder pain, and left foot pain. Defend...
2018.7.17 Motion for Summary Judgment, Adjudication 948
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2018.7.17
Excerpt: ...g the construction and effect of supporting and opposing papers. (Tsemetzin v. Coast Federal Savings & Loan Assn. (1997) 57 Cal.App.4th 1334, 1342.) Summary judgment is granted when no triable issue 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 ...
2018.7.17 Motion for Judgment on the Pleadings 670
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2018.7.17
Excerpt: ... to the motion for judgment on the pleadings for the purpose of determining if an agreement can be reached that resolves the claims to be raised in the motion for judgment on the pleadings. If an amended pleading is filed, the responding party shall meet and confer again with the party who filed the amended pleading before filing a motion for judgment on the pleadings against the amended pleading. (1) As part of the meet and confer process, the m...
2018.7.17 Demurrer 636
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2018.7.17
Excerpt: ... (Stop Youth Addiction, Inc. v. Lucky Stores, Inc. (1998) 17 Cal.4th 553, 558; People ex rel. Lungren v. Superior Court (1996) 14 Cal.4th 294, 300.) However, the assumption of truth does not apply to contentions, deductions, or conclusions of law and fact. (Id. at pp. 300- 301; Moore v. Regents of University of California (1990) 51 Cal.3d 120, 125.) The court considers all matters which properly may be judicially noticed. (Blank v. Kirwan (1985) ...
2018.7.12 Motion to Fix Attorney Fees 803
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2018.7.12
Excerpt: ...udicial Notice is granted as to Items 1-6 of plaintiff's Request for Judicial Notice under Evidence Code §452(d). Plaintiff's Request for Judicial Notice is granted as to Item #7 of plaintiff's Request for Judicial Notice only as to 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 C...

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