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2022.09.22 Motion to Approve Rehabilitation Plan of Receiver 453
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.09.22
Excerpt: ...pointed the Receiver to “take full and complete possession and control of the Nuisance Property [740 East Harvard Avenue, Dinuba, California 93618, Assessor's Parcel Number 017‐243‐008‐000],” and “rehabilitate the Nuisance Property in accordance with the rehabilitation plan approved by this Court and shall bring the Nuisance Property into compliance with all applicable State and local laws,” among other powers (Receivership Order 3:...
2022.09.20 Motion for Reconsideration 145
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.09.20
Excerpt: ...filed this lawsuit in September 2020 against ABLP Properties Visalia, LLC (“ABLP”), ABLP REIT LLC (“ABLP REIT”), Jerry Sanada and Bruce Sanders, amongst other defendants for breach of contract, wrongful foreclosure, fraud, breach of covenant of good faith and faire dealing, slander of title, and intentional interference with prospective economic relationship based upon a loan from ABLP REIT in January 2017. The Court notes Plaintiff Gonza...
2022.09.20 Motion for Preliminary Approval of Class Action and PAGA Settlement 831
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.09.20
Excerpt: ...e moving papers and declarations that are already on file with the court. The hearing on this matter is continued to October 18, 2022 at 8:30 a.m.in Department 7 of this court. 1. Sufficiency of Amount of Settlement (Net Estimated: $249,250) The gross settlement amount is $450,000. Plaintiff estimates approximately 51 proposed Class Members with an average payment of approximately $4,887. The Class Members consist of all “non‐exempt employees...
2022.09.20 Motion to Compel Arbitration and for Stay 299
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.09.20
Excerpt: ...led this lawsuit against his former employer, Defendant Setton Pistachio of Terra Bella, Inc. Thereafter, Plaintiff filed the operative First Amended Complaint alleging a single cause of action under the Private Attorneys General Act, Labor Code section 2698, individually and on a representative basis, for a number of Labor Code wage and hour violations. Defendant Setton removed this case to the district court and did not initially move to compel...
2022.09.19 Petition for Relief from Government Tort Claims Act 600
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2022.09.19
Excerpt: ...(e). Facts Plaintiff alleges causes of action for discrimination, failure to prevent discrimination, and retaliation against Pixley Union Elementary School District (the “District”), a public entity. Plaintiff was terminated June 9, 2021 and it appears undisputed this is the date of the injury or incident. (Plaintiff's Exhibit A – Government Tort Claim.) Plaintiff seeks monetary damages. Relevant to this petition, Plaintiff submitted his to...
2022.09.19 Motion for Preliminary Approval 113
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2022.09.19
Excerpt: ...of class members to participate in distributions. Only those wishing to object or opt out must file notice with the settlement administrator. Objections or opt out notices are to be made within 60 days. The Court regularly approves notice periods of 60 days or longer. The class notice period is approved. With respect to the content of the Notice, the Court previously found the Class Notice to be reasonable. 2. Enhancement Awards to Class Represen...
2022.09.19 Motion for Leave to File Complaint 260
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2022.09.19
Excerpt: ... of this hearing. Facts 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 Setton Pistachio of Terra Bella (“Setton.”) Defendant Industrial Design & Construction (“IDC”) was the general contractor who contracted out Simmons. Defendant Paul Hankins assisted with excavation of the pit. Plaintiff brings a cause of action for negligence ag...
2022.09.15 Motion for Terminating Sanctions, to Strike Claim 768
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2022.09.15
Excerpt: ...ia Seals. Claimant Anthony Pete Mayberry, Sr. was in the passenger seat of the vehicle. Law enforcement also recovered, during the search, a loaded firearm in Claimant's pocket and 18 grams of methamphetamine. Plaintiff People of the State of California initiated nonjudicial forfeiture proceedings as to the $3,104. Claimant filed a claim for the money. Plaintiff then filed this petition for forfeiture. In connection with the petition, Plaintiff s...
2022.09.13 Motion for New Trial 266
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.09.13
Excerpt: ...rial was set for April 26, 2022 at the September 16, 2021 case management conference, Defendant Edward was present and formal notice of trial date was waived. (Minute Order September 16, 2021.) Defendant Edward did not attend trial and indicates he had a criminal court hearing on the same day, at the same time, in Porterville. Plaintiff prevailed at trial. On May 3, 2022, Plaintiff served a notice of entry of judgment. On July 15, 2022, Defendant...
2022.09.13 Motion for Judgment on the Pleadings 702
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.09.13
Excerpt: ... the amount of $2,206.98. Defendant answered the complaint on March 8, 2022. On June 13, 2022, Plaintiff moved this Court to deem admitted requests for admissions, set one, numbers 1 through 10. On July 12, 2022, the Court adopted its tentative ruling, deeming admitted the truth of each matter specified in requests for admissions numbers 1 through 10. These requests, now admitted, are as follows: “1. That Defendant opened an account (2657) with...
2022.09.13 Motion for Preliminary Approval 027
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.09.13
Excerpt: ...ack of conflict of interest declaration from Defendant and counsel. Counsel for Plaintiff has submitted a number of supplemental declarations addressing these issues. Accordingly, the motion to approve the settlement pursuant is approved. The final approval hearing on this matter is set to March 14, 2023 at 8:30 a.m.in Department 7 of this court. 1. Class Notice Objections or opt out notices are to be made within 60 days. The Court regularly appr...
2022.09.13 Motion for Preliminary Approval of Class Action and PAGA Settlement 326
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.09.13
Excerpt: ... Class Members, providing an estimated average payout of $ 134.86 per member. The Class Members consist of: “All current and former non‐exempt employees of Defendant Juan C. Gutierrez dba J.C. Gutierrez Labor Service in California who were subject to Wage Order 14 and worked at least one day performing work for Defendant Visalia Citrus Packing Group, Inc., at any time during the period of March 23, 2017, to April 18, 2022” Plaintiff has set...
2022.09.13 Motion for Relief from Summary Judgment 656
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.09.13
Excerpt: ...is motion August 15, 2022. The opposition was filed on August 31, 2022. The court sustains objections 3, 5, 8, 9, 13, 14 (both), 15 (both) 16, 17, 18, 19, 20, 21, 22 and overrules the balance of the objections. The Court notes that the motion seeks relief “on the grounds of extrinsic fraud and inadvertence omitting an express contract provision in the Contract between the City of Dinuba (“City”) and Yamabe and Horn Engineering, Inc. (“Yam...
2022.09.12 Motion to Strike 773
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2022.09.12
Excerpt: ...0 days of the notice of this ruling. Dominga Tabutol sues defendants Pacific Property and Casualty Company (Pacific) and American National Insurance Company (American) alleging defendants' rescission of her rental owner's policy, and refusal to pay a claim, was discriminatory and in bad faith. Tabutol alleges causes of action for violations of the federal Fair Housing Act (FHA) and California's Fair Employment and Housing Act (FEHA) and a cause o...
2022.09.12 Motion to Compel Arbitration and Stay Action 981
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2022.09.12
Excerpt: ... Plaintiff alleges that shortly after beginning work in July 2021, she was subjected to derogatory remarks about her sexuality by Plaintiff's team lead. (Complaint ¶8.) Plaintiff reported these remarks to her supervisor at FGS and other personnel at PSI, but Plaintiff states “nothing was done.” (Complaint ¶ 8.) Similar remarks directed at Plaintiff, as well as other acts (such as driving a forklift in a manner to cause Plaintiff to fear for...
2022.09.12 Motion for Summary Judgment 011
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2022.09.12
Excerpt: ...d Material Fact (“UMF”) No. 1.) Plaintiff alleges defendant Dr. Kranias, perforated her small bowel during her August 10, 2020, caesarian section delivery and/or failed to notice the perforation immediately to have it repaired. (UMF No. 2) Plaintiff also alleges that Dr. Kranias discharged her from the hospital on August 13, 2020, despite her being in severe pain, having abnormal labs, and having only very small bowel movements. (UMF No. 2.) ...
2022.09.12 Motion for Preliminary Approval of Class Action Settlement 528
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2022.09.12
Excerpt: ... the lodestar information to calculate the attorneys' fees incurred, the current costs incurred and declarations indicating a lack of conflict between the cy pres recipient and the parties and their respective counsel. Counsel for Plaintiff and Defendant have submitted supplemental declarations addressing these issues. Based upon these declarations, the Court preliminarily approves the settlement, pending the explanation and detailing of the cost...
2022.09.12 Demurrer 798
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2022.09.12
Excerpt: ...for willful misclassification against Defendants CVT, LLC and Lisa Colburn. Plaintiffs allege these violations occurred while they were employed by CVT and Colburn as tow truck drivers. CVT then filed a cross‐complaint against Michael Paim for equitable indemnity under the theory that Paim is the responsible party for the alleged labor code violations. Paim then filed a cross‐complaint, the subject of this demurrer, against CVT for statutory ...
2022.09.12 Demurrer 323
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2022.09.12
Excerpt: ...eged failure to submit a Paycheck Protection Program (“PPP”) application. (First Amended Complaint (“FAC”) ¶ 22) Plaintiff alleges that, with Defendant's assistance, he applied for and received a PPP loan in 2020. (FAC ¶12.) When Plaintiff again became eligible to apply for a second PPP loan in 2021, Plaintiff contacted Defendant and Plaintiff submitted a second PPP application to Defendant on or about February 24, 2021. (FAC ¶¶ 13, 1...
2022.09.09 Motion for Deposit 573
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.09.09
Excerpt: ...rn Surety Company, based on allegations that Defendants created a PACE energy application and 30‐year tax assessment on Plaintiff's property, secured by a super priority tax lien, as to installation of solar energy panels. Western was the bond agency holding the bond for Defendant Flux Electric, LLC, alleged to be the solar installation company, bond number 71921742, from 9/7/2017 to 11/15/2019. The Contractor's License Bond amount is $15,000. ...
2022.09.06 Demurrer to FAC 359
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2022.09.06
Excerpt: ...iled by the personal representative of the estate of decedent Juan Hernandez. (First Amended Complaint (“FAC”) Attachment ¶ 1.) On or about May 17, 2020, Mr. Hernandez drowned in the Sequoia National Forest at a location on the Tule River near Springville known as Brad's Hole. (FAC Attachment ¶ 2.) Plaintiff has sued Defendant City of Tulare and Does for one count of premises liability. (FAC ¶10.e.) Relevant to this motion, on or about May...
2022.09.06 Demurrer 596
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2022.09.06
Excerpt: ... 6.) On February 8, 2022, Plaintiff caused a three‐day notice to pay rent or quit (“Notice”) to be personally served on Defendant. (Complaint ¶10.) The Notice states rent due in the amount of $850 for February 1, 2022 through March 1, 2022. (Complaint ‐ Exhibit 2.) The Court notes the Notice also states “You also owe electric (solar) for May à Feb. 2022 10 months x $140.71 = $1407.10.” (Complaint ‐ Exhibit 2.) The Notice provides ...
2022.09.01 Petition for Minor's Compromise 491
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2022.09.01
Excerpt: ... 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 taken by ambulance to Sierra View Medical Center for initial treatment and was later seen at Valley Children's Hospital. (Petition at 7.) The Petition states the minor...
2022.08.30 Demurrer, Motion to Strike 174
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.08.30
Excerpt: ...duty; to overrule the demurrer as to 1) negligence, (2) negligent supervision, (3) negligent hiring/retention, (5) intentional infliction of emotional distress. (2) To grant the motion to strike as to “12” regarding the prayer for interest; to deny the motion to strike on the remaining categories finding the allegations either relevant or moot by the ruling on demurrer. Facts Common to Both Motions Plaintiff Anna Rsa II Doe sues Dinuba Unifie...
2022.08.30 Demurrer, Motion to Strike 474
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.08.30
Excerpt: ...y; to overrule the demurrer as to 1) negligence, (2) negligent supervision, (3) negligent hiring/retention, (5) intentional infliction of emotional distress (2) To grant the motion to strike as to “12” regarding the prayer for interest; to deny the motion to strike on the remaining categories finding the allegations either relevant or moot by the ruling on demurrer. Facts Common to Both Motions Plaintiff Anna Rsa Doe sues Dinuba Unified Schoo...
2022.08.30 Motion for Summary Judgment 255
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.08.30
Excerpt: ...urred at approximately 12:30 a.m., on August 28, 2019, at the Pilot truck stop located in Tulare. (UMF No. 3.) Plaintiff was asleep inside the sleeper area of his vehicle when his vehicle was struck by defendants' vehicle. (UMF No. 4.) Plaintiff woke up because of a loud sound, described as a “bam,” and his truck was shaking. (UMF No. 5.) The parties dispute what exactly occurred next. Defendant states Plaintiff got up and look outside his bl...
2022.08.30 Motion for Preliminary Approval of Class Action 787
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.08.30
Excerpt: ...ourt. Accordingly, the motion to approve the settlement pursuant is preliminarily denied without prejudice. The hearing on this matter is continued to September 27, 2022 at 8:30 a.m.in Department 7 of this court. 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 Clas...
2022.08.30 Motion to Enforce Settlement 328
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.08.30
Excerpt: ...is agreement and enter a judgment for any unpaid amounts along with statutorily allowable interest and attorney's fees.” The settlement provided for a payment of $30,000.00 split into two lump sums of $15,000.00 each. Payments were due on May 10, 2021, and May 10, 2022. Plaintiff received the first settlement payment. However, Plaintiff has not received the second settlement payment, despite reminders to and discussions with opposing counsel. T...
2022.08.30 Motion for Trial Preference 176
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.08.30
Excerpt: ...m being struck by a pickup truck as a pedestrian on January 14, 2021. (Declaration of John Shaller (“Shaller Decl.”) ¶3.) Specifically. Plaintiff suffers from “significant, traumatic brain injury; traumatic subdural hemorrhage with loss of consciousness; and a femoral neck fracture, which required an open reduction and internal fixation (ORIF) procedure and percutaneous pinning.” (Shaller Decl. ¶3.) Plainitff seeks monetary damages. Pla...
2022.08.29 Motion to Stay Proceedings 229
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2022.08.29
Excerpt: ...ful I), contending that determination of Wonderful's appeal will resolve, at least in part, the issue of Wonderful's standing in this case. Touchstone argues that it “should have the opportunity to assert the adjudication in Wonderful I—unless reversed—as grounds for issue preclusion” in this case, and that “[f]indings of fact in Wonderful I are relevant (in fact, dispositive) as to whether [Wonderful] lack[s] standing” in this case.�...
2022.08.29 Motion to Compel Arbitration 315
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2022.08.29
Excerpt: ...cle to conform to the applicable express warranties after a reasonable number of opportunities” (Complaint ¶ 21.) Plaintiff brings causes of action against the manufacturer, Defendant Ford Motor Company for: (1) failure to promptly replace the Vehicle or make restitution to Plaintiff as required by Civil Code section 1793.2, subdivision (d); (2) failure to commence the service or repairs within a reasonable time and failed to service or repair...
2022.08.29 Motion for Prejudgment Possession 158
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2022.08.29
Excerpt: ...t in fee simple, 524 square feet as a temporary construction easement and 672 square feet as a public utility easement of property owned by Defendants Ron A. Vander Weerd and Rosalinda K. Vander Weerd, Trustees for the Ron Alan and Rosalinda Kay Vander Weerd Trust, Dated June 22, 2000. These partial acquisitions are contained in property identified by Tulare County Assessor's Parcel Numbers 88221‐1, 88221‐2, 88221‐ 5, and 88221‐6. The par...
2022.08.29 Demurrer 117
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2022.08.29
Excerpt: ...d, and Bell‐Carter and defendants associated with Bell‐Carter, on the other, separately demurred. This court sustained the demurrers, disposing of the entire FAC. Plaintiffs thereafter filed their second amended complaint (SAC). Dcoop, Olives Way and Baltequera, together, demurred to the causes of action in the SAC alleged against them, which this court sustained with leave to amend on August 22, 2022. At issue here is the demurrer of Bell �...
2022.08.25 Motion for Approval of PAGA Only Settlement 250
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.08.25
Excerpt: ... of Amount of Settlement (Net Estimated: $21,844.15) The gross settlement amount is $165,000. As an initial matter, the Court has taken the actual attorneys' cost incurred figure of $13,373.41 from Counsel Cohen's declaration instead of the $15,000 cost noted in the motion and utilized the actual cost figure in the follow calculations. Plaintiff estimates approximately 156 covered employees with an average payment of approximately $140.02. The co...
2022.08.25 Demurrer, Motion to Strike Damages, Attorney Fees, Punitive Damages 848
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.08.25
Excerpt: ...ike as to categories (3) and (4); to grant the motion to strike as to category (5) – paragraph 104 without leave to amend; to grant the motion to strike as requested to renumbered category (5A) and (6) – damages sought in the fourth cause of action without leave to amend; to grant the motion as to the prayer as requested as to renumbered category (6A) and (7) without leave to amend. Facts Common to (1) Demurrer and (2) Motion to Strike Plaint...
2022.08.25 Demurrer 263
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.08.25
Excerpt: ...t Conference is continued to October 13, 2022; 8:30 am; D1. Facts Approximately thirteen years prior to the filing of the Complaint, Plaintiff alleges Defendants Daniel C. Joaquin and Rachel J. Joaquin purchased real property located at 104 W. Sandra Venue, Tulare, CA 93274 (the “Subject Property.”) and held legal title to the Subject Property in their names. (Complaint ¶7.) Plaintiff alleges that he transferred $60,000 of his funds which we...
2022.08.25 Motion for Attorney Fees 117
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.08.25
Excerpt: ...of the request. GM confirmed receipt of the repurchase offer letter. However, Plaintiffs hired counsel and filed a complaint on June 11, 2022 for Song‐Beverly claims – for breach of express warranty and breach of implied warranty – and a fraudulent inducement concealment claim for which they sought punitive damages. In August 2020, Plaintiffs propounded its “Set One” discovery requests. GM alleges these are the same discovery requests s...
2022.08.25 Motion to Set Aside or Vacate Dismissal and Enter Judgment 315
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.08.25
Excerpt: ... of Defendant. On July 12, 2021, a settlement agreement was fully executed wherein the parties agreed to resolve this matter for $13,500.00, pursuant to a Stipulation for Settlement and Order (hereinafter referred to as “Settlement Agreement”). The parties agreed that Defendant's insurance carrier was to pay Plaintiff $10,000.00 and Defendant was to pay Plaintiff a total of $3,500.00 by a $50.00 down payment upon the signing of the Settlement...
2022.08.25 Motion to Withdraw 616
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.08.25
Excerpt: ...the following with respect to withdrawing: (1) MC‐051 ‐ Notice of Motion and Motion to be Relieved as Counsel; (2) MC‐ 052 – Declaration in Support of Attorney'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 by mail. Authority and Analysis CCP §284 provides that “[t]he attorney in an actio...
2022.08.23 Motion to Vacate Default Judgment, Stay Execution of Judgment, Quash Service of Summons 891
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2022.08.23
Excerpt: ...r; to deny the motion to quash. Facts This is an unlawful detainer matter involving 3759 E. Cypress Visalia, Calif. 93292 (“Subject Property.”) On July 7, 2022 the complaint was filed. On July 17, 2022, Plaintiff filed a proof of service indicating personal service on Defendant Bates occurred on July 7, 2022. On July 18, 2022, default judgment was entered and the writ of possession was issued. On August 18, 2022, Defendant file this ex parte ...
2022.08.23 Motion to Vacate Default Judgment and Stay Execution of Judgment 784
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2022.08.23
Excerpt: ... 809 S. Encina Street #A, Visalia, CA. 93277 (“Subject Property.”) On June 27, 2022 the complaint was filed. On July 18, 2022, Plaintiff filed a proof of service indicating personal service on Defendant Guzman occurred on July 2, 2022. On August 1, 2022, default judgment was entered and the writ of possession was issued. On August 22, 2022, Defendant file this ex parte motion to vacate the default judgment and/or stay this matter. Defendant s...
2022.08.22 Motion for Preliminary Approval of Class Action and PAGA Settlement 113
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2022.08.22
Excerpt: ...ime the moving papers and declarations that are already on file with the court. Accordingly, the motion to approve the settlement pursuant is preliminarily denied without prejudice. The hearing on this matter is continued to September 19, 2022 at 8:30 a.m.in Department 2 of this court. 1. Sufficiency of Amount of Settlement (Net Estimated: $81,525.00) The gross settlement amount is $187,500. Plaintiffs estimate approximately 59 proposed Class Mem...
2022.08.22 Demurrer, Motion to Strike 603
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2022.08.22
Excerpt: ...ten (10) days to file an amended cross‐complaint. This matter involves the former operation of an electrician business by two brothers over which there are now a number of disputes as to expenditures, accounting, employees, and clients. On June 2, 2022, Defendant and Cross‐Complainant Jesus Zamora and Luz Zamora (“Jesus”) filed a first amended cross‐complaint for breach of fiduciary duties and fraud against Plaintiff and Cross‐Defenda...
2022.08.22 Demurrer 117
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2022.08.22
Excerpt: ...he continued viability of the domestic olive market, only to surreptitiously enter arrangements with foreign suppliers, headed by Dcoop, a large Spanish farming cooperative, to obtain low‐cost olives from overseas. Plaintiffs allege Bell‐Carter, having secured a source for the majority of its requirements in low‐cost olives from Dcoop (plaintiffs contend the supply agreements between the defendants required Bell‐Carter to obtain a majorit...
2022.08.19 Demurrer 233
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.08.19
Excerpt: ... this demurrer, the following: “13. PETS: Unless otherwise provided in California Civil Code § 64.2, no animal or pet shall be kept on or about the Premises without Landlord's prior written consent, except: none allowed.” On July 19, 2022, Plaintiff served Defendants with a three‐day notice to quit (Notice) alleging fraud and/or intentional misrepresentation as to the intent to keep animals on the Subject Property. The Notice states the le...
2022.08.18 Motion for Preliminary Approval of Class Action and PAGA Settlement 886
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.08.18
Excerpt: ...) The Court previously preliminarily approved the gross settlement of $750,000 as fair and reasonable. 2. Class Notice Objections or opt out notices are now to be made within 60 days. The class notice period is approved. The Court previously approved the content of the Notice. 3. Enhancement Awards to Class Representatives The court previously preliminarily approved Plaintiffs Ramirez, Villasenor, Flores, Saevang and Gutierrez as the Class Repres...
2022.08.18 Motion for Bond, Undertaking 743
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.08.18
Excerpt: .... Plaintiff Bob Samson, through his guardian ad litem Loren Samson, have sued Defendant Nicole Atherton, M.D., (“Defendant” or “Dr. Atherton”) amongst others, for failing to diagnose a right foot fracture in May 2018. Plaintiff alleges this failure to diagnose resulted in him having a right mid foot amputation in October 2018. Plaintiff died on December 26, 2020. Guardian Loren Samson currently resides in Idaho. Defendant Dr. Atherton fil...
2022.08.17 Motion to Vacate Default Judgment and Stay Execution of Judgment 794
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2022.08.17
Excerpt: ...eet Visalia, Calif 93277 (“Subject Property.”) On June 28, 2022, the complaint was filed. On July 19, 2022, Plaintiff filed a proof of service indicating personal service on Defendants occurred on June 30, 2022. On July 19, 2022, default judgment was entered and the writ of possession was issued. On August 15, 2022 Defendant Dustin Lewis filed this ex parte motion to vacate the default judgment and/or stay this matter. Defendant states, howev...
2022.08.17 Motion to Stay Execution of Judgment 720
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2022.08.17
Excerpt: ...amages awarded at trial. Facts This is an unlawful detainer matter involving 1828 East Vassar, Visalia, CA 93292. (“Subject Property.”) On June 22, 2022 the complaint was filed. On June 27, 2022, Plaintiff filed a proof of service indicating substitute service on Defendant Bravo occurred on June 24, 2022. On June 20, 2022, default judgment was entered in favor of Plaintiff. Also on June 20, 2022 the writ of possession was issued. The Court no...
2022.08.16 Demurrer 371
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.08.16
Excerpt: ...ct Property”) in 2006. (First Amended Complaint (“FAC”) ¶13.) Plaintiff and her family resided at the Subject Property since 2006, and was financially responsible for the Subject Property, “paying all property taxes, trash/water, utility payments and maintenance.” (FAC ¶ 14.) Alfonso passed away and his son, Defendant Jason Elizondo, is alleged to have told Plaintiff he needed more money to finalize the sale of the Subject Property to...
2022.08.16 Motion for Preliminary Approval of Class Action and PAGA Settlement 027
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.08.16
Excerpt: ...parties need not file for a second time the moving papers and declarations that are already on file with the Court. Accordingly, the motion to approve the settlement pursuant is preliminarily denied without prejudice. The hearing on this matter is continued to September 13, 2022 at 8:30 a.m. in Department 7 of this Court. 1. Sufficiency of Amount of Settlement (Net Estimated: $97,000) The gross settlement amount is $225,000.00 Plaintiffs estimate...
2022.08.16 Demurrer, Motion to Strike 575
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.08.16
Excerpt: ...nth, fifteenth, sixteenth and seventeenth; Plaintiff shall have ten (10) days to file an amended complaint; (2) To find the motion to strike moot based on the ruling on demurrer. Facts As to moving party Defendant Lloyd Benjamin (“Dr. Benjamin”), the following facts are directed specifically at him from the complaint. Plaintiff alleges she was brought to the emergency department at Kaweah Delta Medical Center on a Welfare & Institutions Code ...
2022.08.16 Motion to Set Aside Judgment in Part, Reconsider Order 639
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.08.16
Excerpt: ...ants pursuant to Code of Civil Procedure section 579.” The court further orders plaintiff Samuel Franks appear at the hearing on this motion to discuss service on the remaining defendants in this action and further proceedings as to those defendants. Background Plaintiff Samuel Franks filed a complaint to set aside an alleged fraudulent transfer of interests in real property at 304 East Beacon Street, in Tulare (first cause of action), to quiet...
2022.08.15 Renewed Motion to Transfer 761
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2022.08.15
Excerpt: ...reach of contract, express indemnity, equitable indemnity and declaratory relief against Defendants Atkins North America, a Florida corporation, (“Atkins”) and Faithful+Gould, Inc., a Minnesota corporation (“FG.”) The complaint alleges that Plaintiffs Quad and City entered into a written agreement for general engineering services as the City's contract City Engineer. In 2009, Quad and FG first entered into a written subconsultant agreemen...
2022.08.15 Motion to Remove Occupants 270
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2022.08.15
Excerpt: ...ion of a 1997 Fleetwood manufactured home (“Collateral”) from Defendant Bowen. On or about August 20, 2021, the Court entered default judgment in favor of Plaintiff for possession of the Collateral. The Collateral is located at 33812 Success Valley Dr, Porterville, CA 93257. After obtaining a Writ of Possession for the Collateral in March 2022 and having the Tulare County Sheriff's Department levy upon the Collateral, the Sheriff's Department...
2022.08.15 Motion for Preliminary Approval of Class Action Settlement 528
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2022.08.15
Excerpt: ...ready on file with the court. Accordingly, the motion to approve the settlement pursuant is preliminarily denied without prejudice. The hearing on this matter is continued to September 12, 2022 at 8:30 a.m.in Department 2 of this court. 1. Sufficiency of Amount of Settlement (Net Estimated: $388,200.00) The gross settlement amount is $650,000. Plaintiff estimates approximately 369 proposed Class Members, providing an estimated average payout of $...
2022.08.15 Demurrer to FAA, Motion to Strike 890
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2022.08.15
Excerpt: ...ions This is a wage and hour case brought by four Plaintiffs against Defendants. On or about June 3, 2022, Defendants filed and served via electronic service a First Amended Answer containing a general denial and twenty‐four “affirmative defenses.” On or about June 15, Plaintiffs filed this demurrer and motion to strike the operative answer. Plaintiffs argue that sixteen of the affirmative defenses are subject to demurrer because they asser...
2022.08.11 Petition for Compromise of Claims of Minors 716
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.08.11
Excerpt: ...1) 14‐year‐old Aubrie and (2) 10‐year‐old Bella is Kristina Hernandez, parent and guardian ad litem. The Petitioner as to (3) 16‐year‐old Maya is Ramiro Hernandez, guardian ad litem and parent. Petitioners bring these petitions to approve the compromises of settlement offers to the minor children. This matter involves an automobile accident. On or about November 27, 2019, Petitioner Kristina Hernandez was driving a vehicle containing ...
2022.08.11 Demurrer, Motion to Strike 729
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.08.11
Excerpt: ...ion. Deny the motion to strike. Facts Common to Both Motions The parties in this matter are certified public accountants who practiced as general partners in Bastire Edwards (the “Partnership”). Plaintiffs are Bret Bastrire and Anthony Montgomery. Defendants are Tad Edwards and Melissa Barber. First names are used herein to differentiate between the individuals and partnership. On or about December 13, 2021, Plaintiffs Bret and Anthony filed ...
2022.08.11 Demurrer, Motion to Strike 595
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.08.11
Excerpt: ... for fraud, concealment, fraud in the inducement, violation of the Unlawful Business Practices Act, and rescission (a remedy, rather than a cause of action). The SACC additionally includes, for the first time, causes of action for breach of contract and breach of the covenant of good faith and fair dealing. Cross defendants generally demurrer to the entire SACC. Fraud The City alleges it approved a contract with CVRR in March of 2015 involving th...
2022.08.09 Motion to Quash Service of Summons, Demurrer 638
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.08.09
Excerpt: ...ns Capital Management, Richard F. Seamans, Eleanor Mulvaney Seamans; to grant the motion as to Aequion, LLC; to order Defendants Seamans Capital Management, Richard F. Seamans, Eleanor Mulvaney Seamans file a responsive pleading no later than ten (10) days from this hearing; (2) To sustain the demurrer with leave to amend as to the tenth cause of action only. Background Facts Plaintiff sued Aequion, Inc. for various labor code violations, unfair ...
2022.08.08 Motions to Quash Subpoenas 301
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2022.08.08
Excerpt: ...lder abuse committed 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.; a power of attorney appointing Billy J. as agent for Lois; 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. Robert alleges his parents ...
2022.08.08 Motion for Preliminary Approval of Class Action and PAGA Settlement 414
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2022.08.08
Excerpt: ...nd costs, information in further support of Plaintiff's proposed enhancement award and proof of submission of the settlement to the LWDA. The parties need not file for a second time the moving papers and declarations that are already on file with the court. Accordingly, the motion to approve the settlement pursuant is preliminarily denied without prejudice. The hearing on this matter is continued to September 12, 2022 at 8:30 a.m.in Department 2 ...
2022.08.02 Motion to Stay Execution of Judgment 396
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2022.08.02
Excerpt: ...ed at trial. Facts This is an unlawful detainer matter involving 619 S. Court #B Visalia, CA 93291. (“Subject Property.”) On May 26, 2022 the complaint was filed. On June 7, 2022, Plaintiff filed a proof of service indicating personal service on Defendant Jones occurred on May 28, 2022. On June 15, 2022, default judgment was entered in favor of Plaintiff. Also on June 15, 2022 the writ of possession was issued. The Court notes this is a failu...
2022.08.02 Motion to Determine Amount to be Credited, for Appointment of Elisor 706
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.08.02
Excerpt: ...e Tulare County Clerk as an elisor if the reconveyance is not signed during that time period. Facts This motion follows entry of judgment following the jury's verdict in favor of Plaintiff which found the obligation of Plaintiff to Defendants was usurious. Plaintiff is entitled to a credit of $5,684.00 paid in 2017 against the principal amount of $35,854.00 as found at trial. Defendants' cross‐complaint was dismissed via Plaintiff's motion for ...
2022.07.28 Special Motion to Strike 089
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.07.28
Excerpt: ...ed. Sinclair is in the television broadcast business, and, as relevant to Milan's cross complaint at issue here, is the owner and operator of KBAK‐TV, a CBS Television affiliate and television news station in Bakersfield. Milan is a college that contracted with Sinclair for broadcast advertising in locations where Milan sought to acquire students, including Tulare County. Milan fell behind on its payment obligations and subsequently executed a ...
2022.07.28 Motion to Set Aside Void Judgment and Dismiss Case 967
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.07.28
Excerpt: ...s of commencement. Facts This matter was filed originally by Chicago Title Insurance Company (“Plaintiff”) on April 12, 2016 against a number of defendants, including against named Defendant and moving party sued as Pauline Nguyen, also known as Paul Nguyen who has also used the name Brian Williams (“Nguyen.”) A proof of service was filed April 28, 2016 indicting service on Nguyen purportedly occurred on April 23, 2016 by substitute servi...
2022.07.28 Motion to Bifurcate 959
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.07.28
Excerpt: ...dividual later identified as Gustavo Garcia stole three boxes of 9mm ammunition from a Walmart store in Tulare, CA. The ammunition was stolen from a display case which the parties dispute was locked or otherwise required assistance to access. Plaintiffs allege that, on the following day of December 17, 2018, Gustavo Garcia murdered Rocky Paul Jones. The parties do not dispute Jones died as a result of a gunshot wound to the back, at the hands of ...
2022.07.26 Motion to Set Aside or Vacate Renewal 724
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.07.26
Excerpt: ...fendant and Judgment Debtor as “Maria Soto aka Laura M. Tapia aka Maria Delatoba Desoto.” The address identified is “1090 Hamlin Way Lindsay, CA 93247.” The total renewed judgment sought is $9,016.12. Moving Party, Espinoza, identifies herself in her motion as “Maria Guadalupe Delatoba Espinoza” and states she is not the named defendant in the judgment entered in this matter and “was never served with process.” (Declaration of Esp...
2022.07.26 Motion to Bifurcate 213
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.07.26
Excerpt: ...ied as Gustavo Garcia stole three boxes of 9mm ammunition from a Walmart store in Tulare, CA. The ammunition was stolen from a display case which the parties dispute was locked or otherwise required assistance to access. Plaintiff alleges that, on the following day of December 17, 2018, Gustavo Garcia murdered Rocky Paul Jones. The parties do not dispute Jones died as a result of a gunshot wound to the back, at the hands of another, and that Jone...
2022.07.26 Motion for Judgment on the Pleadings 183
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.07.26
Excerpt: ...il 1, 2022, Plaintiff moved this Court to deem admitted requests for admissions, set one, numbers 1 through 11. On May 10, the Court adopted its tentative ruling, deeming admitted the truth of each matter specified in requests for admissions numbers 1 through 11. These requests, now admitted, are as follows: “1. YOU admit that YOU applied for the credit card ACCOUNT with DISCOVER BANK. 2. YOU admit that YOU received a Cardmember Agreement, for ...
2022.07.26 Application to Vacate Judgment 666
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.07.26
Excerpt: ...session. The Court notes a signed proof of service indicating service through mailing and posting occurred on April 18, 2022 as to the summons and complaint. The complaint notes service of the three‐day notice in support of the complaint on March 10, 2022. On May 17, 2022, default judgment was entered as to Defendant Jackson as to possession only and a writ of possession was issued. On June 13, 2022, Defendant filed a motion to set aside the ju...
2022.07.21 Motion to Set Aside or Vacate Notice of Settlement 934
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.07.21
Excerpt: ...ount of $6,200 set to be paid with an initial payment of $1,700 and $300 monthly payments. This settlement occurred at the mandatory settlement conference on January 3, 2020. The Court kept the trial date of February 7, 2020 on calendar pending execution of the settlement agreement. The settlement agreement was not executed timely, the initial payment date was missed and the parties agreed to move the initial payment date to February 28, 2020. Ho...
2022.07.19 Motion for Preliminary Approval of Class Action and PAGA Settlement 886
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.07.19
Excerpt: ...ing. The parties need not file for a second time the moving papers and declarations that are already on file with the court. Accordingly, the motion to approve the settlement pursuant is preliminarily denied without prejudice. The hearing on this matter is continued to August 18, 2022 August 18, 2022 in Department 7 at 8:30 a.m. Case management conference is likewise continued to August 18, 2022 in Department 7 at 8:30 a.m. 1. Sufficiency of Amou...
2022.07.19 Motion for Relief from Default Judgment 965
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.07.19
Excerpt: ...ntract regarding a brokerage agreement entered into by the parties in 2019. Plaintiff alleges damages in the amount of $35,969.92. Plaintiff filed a proof of service of the summons and complaint on Defendant Food For Athletes, Inc, a corporation by substitute service. The proof of service, executed by a registered process server, indicates that, on August 4, 2021, the documents were left with “Jeff Doe” who was apparently in charge at 1147 N....
2022.07.19 Motion for Summary Adjudication 277
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.07.19
Excerpt: ...of child abuse involving plaintiff. Plaintiff alleges related claims against the County for negligent hiring, supervision and/or retention of employees, and for negligence/negligence per se. Plaintiff moves for summary adjudication (1) as to “mandatory duties” owed by the County to plaintiff under provisions of the Welfare and Institutions Code, Penal Code and regulations of the California Department of Social Services; (2) as to “any affir...
2022.07.19 Motion to Compel Access to Property 266
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.07.19
Excerpt: ...hereby it was adjudicated that Plaintiff Luz E. Diaz‐Magana, Defendant Eduardo Diaz and Defendant Roberto Diaz respectively owned one third, as tenants in common, of 395 North Homassel Avenue, Lindsay, Tulare County, California, (hereinafter “Subject Property.”) It was determined that sale and division of proceeds would be more equitable than division in kind of the Subject Property. It was further determined that Plaintiff was appointed as...
2022.07.19 Motion for Summary Judgment 656
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.07.19
Excerpt: ...pled only a cause of action against Watts for negligent interference with prospective economic relations. Jason Watts was the City of Dinuba engineer at the time of the November 27, 2019 rain incident. (Undisputed Material Fact (“UMF”) No. 1.) Plaintiff EFW's contract incorporates the terms of the Notice of Inviting Bids, Bid Proposal, Contract, Specifications, and Special Provisions (“Specifications”), which provide that EFW is liable fo...
2022.07.15 Motion for Summary Judgment 452
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2022.07.15
Excerpt: ...larta. (UMF No. 2.) The area where Plaintiff fell in front of the flower case was inspected by Mariela Almanza at approximately 6:01 p.m. on June 14, 2019, and there was nothing on the ground. (UMF Nos. 3, 4.) Plaintiff believes she fell because of water on the ground, but does not know how the water got on the floor or when the water was spilled on the floor. (UMF Nos. 5, 6, 7.) Plaintiff disputes that she did not believe Defendant or its employ...
2022.07.15 Motion for Preliminary Approval of Class Action and PAGA Settlement 451
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2022.07.15
Excerpt: ...wever, did not preliminarily approve the settlement due to an insufficient class notice period, issues with the additional enhancements to non‐named Plaintiffs, a lack of information as to attorneys' fees and costs presently incurred, information regarding a lack of conflicts of interest as to the unclaimed proceeds recipient, lack of notice to the LWDA and issues as to certification for purposes of settlement. Plaintiffs have submitted a suppl...
2022.07.15 Motion for Leave to File TAC 263
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2022.07.15
Excerpt: ... complaint to June 6, 2022 so that Plaintiff's counsel could file the motion and a declaration consistent with California Rule of Court 3.1324. On June 6, 2022, the Court noted that no supplemental declaration had been. On June 17, 2022, the Court held a case management conference and continued the motion to July 18, 2022. Counsel has now filed a supplemental motion and declaration as of June 27, 2022. Authority and Analysis Rule 3.1324 regulates...
2022.07.15 Demurrer 853
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2022.07.15
Excerpt: ...April 20, 2022, Plaintiff had a “Notice to Terminate Tenancy” (“Notice”) that provided 60 days to surrender possession or until June 20, 2022. The Notice provides the names of Defendants, the address of the Subject Property, a description of the Subject Property, the date to surrender possession followed by the statement: “which is the last day of the rent period, and that on said day you be required by these presents to surrender the p...
2022.07.15 Application to Vacate Default Judgment 806
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.07.15
Excerpt: ... notice to pay rent or quit was served on June 16, 2022 by personal service on Defendants, including moving party Silva. On June 29, 2022, the complaint was filed. On July 7, 2022, Plaintiff filed a proof of service of the complaint and summons indicating personal service on Defendant Silva occurred on July 1, 2022. On July 12, 2022, default judgment was entered, and the writ of possession was issued. On July 14, 2022, Defendant Silva filed this ...
2022.07.14 Motion for Leave to File Amended Complaint, Demurrer, Motion to Strike 196
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.07.14
Excerpt: ...ecause the demurrer is sustained, the court need not consider cross‐defendant's motion to strike. (1) Facts By this motion, Plaintiff SPAS seeks to substitute itself for proposed plaintiff Packwood. Packwood was the landlord for 4236 South Mooney Boulevard, Visalia, CA 93277 (the “Premises”). (Complaint ¶ 1.) Packwood, however, assigned all its rights under the Lease to Plaintiff SPAS. (Id.) Defendant leased the Premises from Packwood to o...
2022.07.14 Motion for Final Approval of Class Action, for Attorney Fees 224
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.07.14
Excerpt: ... action and PAGA settlement, attorneys' fees, costs, enhancement award, LWDA payment and class certification for settlement purposes came on for hearing on July 14, 2022. The court finds and rules as follows: On February 28, 2022, the settlement administrator, Phoenix Settlement Administrators received a mailing list of 367 potential class members from Defendant's counsel with names, contact information, social security numbers and relevant emplo...
2022.07.13 Motion to Stay Execution of Judgment 355
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2022.07.13
Excerpt: ... notice to pay rent or quit forms the basis for this action indicating past due rent of $874.00 due May 1, 2022. On May 24, 2022, the complaint was filed. On May 28, 2022, Plaintiff filed a proof of service indicating substitute service on Defendants occurred on May 28, 2022, with mailing thereafter on the same date. On June 28, 2022, default judgment was entered and the writ of possession was issued. Judgment was entered for possession only. On ...
2022.07.12 Motion for Attorney Fees 118
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.07.12
Excerpt: ...ase made in May 2020. Plaintiff then sued Defendant for breach of express warranty, breach of implied warranty and fraudulent inducement / concealment. Plaintiff filed a first amended complaint for the same causes of action to which Defendant demurred and sought to strike punitive damages. This Court overruled the demurrer and denied the motion to strike. In August 2020, Plaintiff propounded its “Set One” discovery requests. Defendant alleges...
2022.07.12 Demurrer 199
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.07.12
Excerpt: ...Maurice (hereinafter collectively “City.”) Defendants note that the individual defendants were at all times relevant employees of City and acting within the course and scope of their employment. Plaintiff is seeking compensatory damages, punitive damages and injunctive and declaratory relief. The complaint apparently stems from incidents occurring February 2020, August 2020 and December 25, 2021. The complaint states Plaintiff “filed a clai...
2022.07.12 Demurrer 294
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.07.12
Excerpt: ...Interfere with Civil Rights‐42 U.S.C. § 1985 2) Deprivation of Civil Rights‐§§ 51 (Unruh Act) and 52.1 3) Harassment (Unruh Act) 4) First Amendment Retaliation‐42 U.S.C. § 1983 5) Assault and Battery 6.) Negligence 7) Fraud 8. Negligent and Intentional Infliction of Emotional Distress 9) Taxpayer Suit under Code of Civ. Proc. § 526a. Here initial complaint contained 12 causes of action for 1) Conspiracy to Interfere with Civil Rights u...
2022.07.12 Motion to Deem Admissions Admitted 702
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.07.12
Excerpt: ...o response has been received by Plaintiff. Plaintiff now seeks to deem admissions nos. 1 through 10 admitted. Authority and Analysis Code of Civil Procedure section 2033.280 states that if a party to whom requests for admissions have been directed fails to serve a timely response, the propounding party may move for an order that the truth of any facts specified in the requests for admissions be deemed admitted. Here, Defendant has failed to serve...
2022.07.12 Motion for Leave to File Complaint 442
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2022.07.12
Excerpt: ...nas Jacobo, an individual (collectively referred to hereinafter as “Plaintiffs”) filed this personal injury lawsuit stemming from a tractor‐trailer versus automobile accident that occurred on October 11, 2019, at approximately 3:00 a.m., on southbound SR‐ 99, south of the Avenue 384 overcrossing, in unincorporated Tulare County. Defendants Isaias Correa, Jr.'s And Correa Transportation, LLC's Answer was filed on July 9, 2021. Defendant Ju...
2022.07.12 Motion for Leave to File Complaint 724
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.07.12
Excerpt: ...nal distress and negligent infliction of emotional distress against Defendant Brian Soares. Plaintiff alleges, generally, that Defendant hit and kicked Plaintiff causing injury on December 10, 2019. Plaintiff filed this action September 10, 2021. Defendant was served personally December 6, 2021 and answered February 4, 2022. Defendant now seeks leave to file a compulsory cross‐complaint for assault, battery negligence, intentional infliction of...
2022.07.12 Motion to Deem Matters Admitted, Compel Responses, for Sanctions 343
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2022.07.12
Excerpt: ... Defendant filed a separate quiet title action in Tulare County Superior Court Case No. VCU291975, involving title claims related to the property that is the subject of this action. Defendant did not file a notice of related cases in either this department, or the department to which the quiet title matter is assigned. (See Cal. Rules of Ct., rule 3.300.) On June 17, 2022, Defendant demurred to the unlawful detainer complaint, raising arguments b...
2022.07.12 Motion to Determine Prevailing Party, for Attorney Fees 706
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.07.12
Excerpt: ...ty on the contract and the corresponding award of attorneys' fees. Civil Code section 1717 provides, in relevant part: “In any action on a contract, where the contract specifically provides that attorney's fees and costs, which are incurred to enforce that contract, shall be awarded either to one of the parties or to the prevailing party, then the party who is determined to be the party prevailing on the contract, whether he or she is the party...
2022.07.11 Motion to Compel Neurological Exam 540
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2022.07.11
Excerpt: ...d at deposition, Plaintiff claimed to have suffered loss of consciousness, traumatic brain injury, memory defects and impairment, cognitive impairment, dizziness, head pain, “occipital neuralgia left sided,” headaches, and insomnia, amongst other injuries, resulting from the incident. The parties had previously scheduled a defense medical examination related to Plaintiff's claimed physical injuries for June 29, 2022 (which is not at issue her...
2022.07.11 Motion for Trial Preference 215
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2022.07.11
Excerpt: ... 95‐year‐old woman with a medical history of dementia, memory loss, high blood pressure, prior stroke, congestive heart failure, hyperlipidemia, multiple falls, hip fracture, and subdural hemorrhage. Plaintiff is currently a resident of a skilled nursing facility and, as of April 1, 2022, needs assistance with all activities of daily living. She is currently wheelchair bound and unable to ambulate. She brings this lawsuit for elder abuse and ...
2022.07.07 Motion for Summary Judgment 275
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.07.07
Excerpt: ...161a(b)(3). Request for Judicial Notice Evidence Code section 452(c) and (h), respectively, permit a court, in its discretion, to take judicial notice of the existence and recordation of real property records when the authenticity of the documents is not challenged. (See Alfaro v. Community Housing Improvement System & Planning Assn., Inc. (2009) 171 Cal.App.4th 1356, 1367, fn. 8, 1382.) Further, “a court may take judicial notice of the fact of...
2022.07.07 Motion for Leave for Precertification Discovery to Identify New Class Representative 873
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.07.07
Excerpt: ...expense reimbursement, accurate wage statement, waiting time and unfair competition claims against Defendants TD Contracting, Inc, Wawona Farm Co. LLC, Gerawan Farming and Kenneth Duerksen dba TD Contracting. Counsel for Plaintiff states that Arroyo is suffering from poor and deteriorating health to the point that he is no longer in communication with class counsel, Stansbury Brown Law, PC, cannot sit for his deposition and cannot fulfill his dut...
2022.07.07 Demurrer 996
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.07.07
Excerpt: ... 6317.) Here, on or about June 26, 2018, the Divisoin issued Citation 1 to Petitioner alleging a violation of Title 8, California Code of Regulations (“CCR”) § 3314(c). (Petition ¶5.) The citation is classified as “Serious Accident‐Related”, and the Division proposed penalties of $18,000. (Petition ¶5.) The employer then has 15 working days from receipt of the citation to notify the Board that it wishes to contest the citation. (Labo...
2022.07.05 Petition for Minor's Compromise 618
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.07.05
Excerpt: ...ion filed May 4, 2022 by Avrek Law Firm entitled In the Matter of Castillo, Roberto, Case No. VCU291576. The documents filed with each case appear identical. Counsel is invited to clear up this issue at the hearing. Facts Petitioner is Robert Castillo, the father of the 12‐year‐old minor Carlos Castillo. Petitioner now brings a petition to approve the compromise of a settlement offer to the minor child. According to the Petition, on April 20,...

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