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1881 Results

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2023.07.31 Motion to Compel Deposition, for Sanctions 669
Location: Tulare
Judge: Bianco, John P
Hearing Date: 2023.07.31
Excerpt: ...Labor Code violations as well as wrongful terminaton in violation of public policy. On May 15, 2023, Defendant served Plaintiff with a notice of deposition setting the deposition for June 20, 2023, in person, at Defendant's counsel's office in Fresno. On June 8, 2023, Plaintiff served a notce of objection, which stated, in part, that Defendant unilaterally scheduled the deposition and that Plaintiff sought "reasonable accommodation" due to COVID-...
2023.07.31 Motion to Compel Authorization for Medical Records 600
Location: Tulare
Judge: Bianco, John P
Hearing Date: 2023.07.31
Excerpt: ..., 30, 38, 44, 51.) Defendant propounded discovery as to these damages and Plaintiff identified Dr. Nancy Doi as the physician who provided treatment for the injuries, was a witness and who treated him for the disabilities alleged in the operative complaint. Thereafter, Defendant sent an authorization to Plaintiff for signature permitting the release of various records from Dr. Doi. Plaintiff has thereafter refused to sign the authorization. Defen...
2023.07.31 Demurrer, Motion to Strike FAC 018
Location: Tulare
Judge: Bianco, John P
Hearing Date: 2023.07.31
Excerpt: ... action for fraudulent inducement by concealment. Plaintiff alleges that on or about May 23, 2021, Plaintiffs entered into a warranty contract with Defendant GM regarding a 2021 Chevrolet Silverado 1500 vehicle identification number 3GCPYBEK4MG335020 (hereafter "Vehicle" or "Subject Vehicle"), which was manufactured and or distributed by Defendant GM. (First Amended Complaint ("FAC") 97.) Specifically, Plaintiffs allege the Subject Vehicle was ma...
2023.07.25 Motion to Compel Deposition of PMQ 384
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.07.25
Excerpt: ...s responsive thereto, even if identical to prior production, subject to a protective order; to deny the request for sanctions. Plaintiff's evidentiary objections four and five are sustained, the balance are overruled. In this lemon law matter, Plaintiff noticed the deposition of GM's person most qualified on January 3, 2023. Plaintiff notes GM did not appear and did not object to the notice. Plaintiff served a first amended deposition notce for G...
2023.07.25 Motion for Judgment on the Pleadings 248
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.07.25
Excerpt: ...the first cause of action for discrimination under FEHA, second cause of achon for retaliation under FEHA, fourth cause of action for failure to reasonably accommodate under FEHA, fifth cause of action for failure to engage in the interactive process under FEHA, sixth cause of action for whistleblower retaliation under Labor Code secton 1102.5, eighth cause of achon for a CFRA violation and ninth cause of achon from CFRA retaliation. Initially, t...
2023.07.25 Motion for Additional Attorney Fees 706
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.07.25
Excerpt: ...based on Plaintiff's ex parte moton for appointment of a receiver. The Court further ordered that any sale proceeds from the "Three Rivers Property Order" payable to Old Oak Assets shall be held in escrow or deposited by escrow with this Court. The underlying motion is based upon an unsatisfied judgment in this instant case against Defendant Robert Hart and former Defendant Elizabeth Hart. Further, Robert and Elizabeth are subject to a dissolutio...
2023.07.25 Demurrer to FAC 047
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.07.25
Excerpt: ...ling of the lawsuit thereafter. Plaintiff's first amended complaint alleges, as to the compliance issue: "12. Prior the initiation of this lawsuit, Plaintiff timely served on VUSD tort claims in accordance with Government Code SS 910 and 911.2. 13. Plaintiff's Complaint is timely because she did not receive written responses to her government claims within the established forty-five (45) days, and thus had the full two (2) year statute of limitat...
2023.07.24 Demurrer 562
Location: Tulare
Judge: Bianco, John P
Hearing Date: 2023.07.24
Excerpt: ...t Amazon. Plaintiff alleges employment through Last Piece ü)gistics, LLC, a transportation company hired, retained and/or employed by Defendant Amazon to deliver packages to Amazon customers. (Complaint 'III.) Plaintiff alleges that the dog that bit him December 1, 2021, had previously attacked and injured a FedEx driver in 2020, generating a bite report for the dog, for the same residence, via Tulare County Animal Services. (Complaint 1121) Pla...
2023.07.18 Motion to Quash Service of Summons 653
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.07.18
Excerpt: ..."Subject Property"). Plaintiff filed this action July 5, 2023. On July 11, 2023, Defendant moved to quash service of summons. Defendant's moton states Defendant "was served with this action on July 7, 2023" but Defendant was not home at the "time of service." Further, that Defendant "after being gone for approx.. 3 days returned home on July 7., 2023...and she discovered that Plaintiff had filed and left an incomplete copy of the unlawful Detaine...
2023.07.18 Motion for Judgment on the Pleadings 848
Location: Tulare
Judge: Roper, Glade
Hearing Date: 2023.07.18
Excerpt: ...ion for judgment on the pleadings to be hearing July 18, 2023. The filing of this motion one day prior to the hearing date violates the Court's Standing Order No. 01-002 as follows: "TO EFFECT THE SUMMARY INTENT OF THE UNLAWFUL DETAINER STATUTES, THE COURT FINDS GOOD CAUSE TO SET THE HEARINGS ON ALL DEMURRERS, MOTIONS TO STRIKE, AND OTHER PRE-TRIAL MOTIONS ON WHICH THERE IS NO SPECIFIC STATUTE STATING OTHERWISE IN ACCORDANCE WITH CODE OF CIVIL PR...
2023.07.18 Applications for Writ of Attachment, Writ of Possession 615
Location: Tulare
Judge: Roper, Glade
Hearing Date: 2023.07.18
Excerpt: ...ons was continued to permit the parties to meet and confer as to the writ applications. (1), (2), (4) and (5) The Court further notes that default was entered against as to Prime Ag, Kaur and Singh on July 12, 2023. The Court's understanding is that, upon entry of default, its jurisdiction is limited to entry of default judgment upon a sufficient showing or consider a motion for relief from the default. (We] & Brown, Cal. Prac. Guide: Civ. Proc. ...
2023.07.17 Demurrer, Motion to Strike 971
Location: Tulare
Judge: Bianco, John P
Hearing Date: 2023.07.17
Excerpt: ...ucement — concealment. Plaintiffs filed a first amended complaint March 27, 2023. This matter involves Plaintiff's entrance into a warranty contract with GM regarding a 2019 Chevrolet Silverado 1500 ("Subject Vehicle") on or about August 3, 2019. (First Amended Complaint ("FAC") 97.) Relevant here to Defendant's demurrer and motion to strike as to the fifth cause of action for fraudulent concealment, Plaintiff alleges that the Subject Vehicle s...
2023.07.17 Motion for Summary Judgment, to Compel Discovery 752
Location: Tulare
Judge: Bianco, John P
Hearing Date: 2023.07.17
Excerpt: ...arded in favor of Taft, payable by Bhajal. Bhajal's request for a monetary sanction is denied. Motion for Summary Judgment The disputes between the parties, including this case and a preceding case between them concerning similar issues, has a long history, including multiple appeals. As narrowed to its present form, however, the case now solely concerns plaintiff Foster Taft's single cause of action to obtain his deceased father's medical record...
2023.07.17 Motion to Compel Second Medical Exam 254
Location: Tulare
Judge: Bianco, John P
Hearing Date: 2023.07.17
Excerpt: ...laintiff's right hand the day of the accident, and at his deposition May 11, 2023. (Declaration of Kane "1 1, 2, 7.) Thereafter, on May 25, 2023, Plaintiff underwent an independent medical examination with Defendant's retained expert Mark Liker, M.D., a board certified neurosurgeon. The scope of the examination included: "The examination will be conducted to determine the nature and extent of Plaintiffs injuries and present physical condition. Th...
2023.07.13 Motion to Set Aside Dismissal 477
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.07.13
Excerpt: ... if Defendant defaults and remains in default for more than ten (10) days, Plaintiff will, by ex parte motion, submit an order for entry of judgment. The judgment amount to be entered, pursuant to the stipulation and order, is $13,935.98, plus interest from March 15, 2020, plus costs and fees, less any payments received by Plaintiff. The Court expressly reserved jurisdiction under Code of Civil Procedure section 664.6. Plaintiff indicates receipt...
2023.07.13 Demurrer, Motion to Strike TAC 571
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.07.13
Excerpt: ...t supervision, hiring and retenton claim; to sustain the demurrer by Defendant Victoria to the third and fourth causes of action with leave to amend as to vicarious parental liability; Plaintiff shall have ten (10) days to file an amended complaint as to this issue To grant the motion to strike as to Nos. 1 through 3; to find the motion to strike as to Nos. 4 2. through 8 moot by the ruling on demurrer as to the third and fourth causes of action....
2023.07.13 Demurrer, Motion to Strike FAC 014
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.07.13
Excerpt: ... (1) and (2) Plaintiff, individually and as successor-in-interest to Decedent James Benton, brings this action for elder abuse/neglect, professional negligence, wrongful death, and negligent infliction of emotional distress arising out of care and treatment Decedent received at Defendant Kaweah in January and February of 2022. Defendant demurrers to the first cause of action for elder abuse/neglect and seeks to strike the requests for punitive da...
2023.07.11 Motion to Continue Trial and Reclassify Case to Limited Civil 737
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.07.11
Excerpt: ...lting from the falling over of a makeup display case while Plaintiff operated an electric shopping cart. Defendant, after discovery, indicates that Plaintiff is seeking no more than $5,5fl in medical damages with no loss of earnings claim. Defendant notes "Based on Plaintiff's medical records, no treating physician for Plaintiff has indicated that she will require any future medical treatment associated with her injuries from the incident at Walm...
2023.07.11 Motion for Preliminary Approval of Class Action and PAGA Settlement 864
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.07.11
Excerpt: ...rations as to the notice period, lodestar and current costs expended, and a declaration from the settlement administrator providing background as to Apex. On June 30, 2023, Plaintiff submitted a supplemental declaration of Attorney Barvie addressing these issues which the Court analyzes below. Class Notice The settlement agreement provides no claim form will be required of class members to participate in distributions. Only those wishing to objec...
2023.07.10 Motion to Set Aside or Vacate Default Judgment 569
Location: Tulare
Judge: Bianco, John P
Hearing Date: 2023.07.10
Excerpt: ...otorist based upon a motor vehicle accident against Defendants Guadalupe Trujillo De Fernandez and Antonio Fernandez. On December 20, 2022, Plaintiff filed proofs of service indicating personal service as to each Defendant had occurred on November 29, 2022. On March 20, 2023, default was entered. On June 8, 2023, Defendant Guadalupe Trujillo De Fernandez only filed this motion for relief from default. Although Defendant utilized a pre-printed mot...
2023.07.10 Motion to Compel Arbitration 802
Location: Tulare
Judge: Bianco, John P
Hearing Date: 2023.07.10
Excerpt: ...ependent upon oxygen following a battle with COVID-19, caused Plaintiff to suffer amputation of multiple toes as a result of his treatment and care with Defendant. Defendant moves to compel this matter to arbitration based upon an "attestation of responsible party" whereby Veronica Hampton, Plaintiff's daughter, attested that she was the "responsible party" to sign the Admission Agreement on behalf of Plaintiff The Admission Agreement ("Agreement...
2023.07.10 Demurrer, Motion to Strike FAC 486
Location: Tulare
Judge: Bianco, John P
Hearing Date: 2023.07.10
Excerpt: ...int no less than five (5) days from this hearing. (1) Facts This is a commercial unlawful detainer matter involving strictly the commercial property located at 13406 Road 23, Corcoran, CA 93212 and specifically limited to APN Nos. 291-020-029, 291-030-042, and 291- 030-043 (the "Leased Property") (FAC 95, fn 1 [excluding residential dwelling units located at 13406 Road 23 on other APN Nos. identified in the Notice at issue in this matter.) Plaint...
2023.07.10 Demurrer, Motion to Strike 469
Location: Tulare
Judge: Bianco, John P
Hearing Date: 2023.07.10
Excerpt: ...any other person). (Gov. Code, S 815; see 5 Witkin Sum. Cal. Law Torts (2023), S 267.) One source of statutory public entity liability is the Government Claims Act (Gov. Code, SS 810 et seq.), California's comprehensive public liability statutory scheme. As relevant here, section 815.2 of the Act provides that public entities are vicariously liable for the acts and omissions of their employees acting within the scope of their employment, provided...
2023.07.06 Motion for Judgment on the Pleadings 603
Location: Tulare
Judge: Bianco, John P
Hearing Date: 2023.07.06
Excerpt: ...tiff indicates she is the "manager" of the Subject Property. (Complaint 94) A three-day notice to quit ("Three-Day Notice") was served May 16, 2023 indicating there was no contract between Plaintiff, "Managing Company" and/or owner of the property for tenancy, verbal notice of trespass was given, the "Managing Company and Owner" demands deliver of possession of the premises and that fees to obtain possession will be sought in court. The complaint...
2023.07.03 Applications for Writs of Possession 253
Location: Tulare
Judge: Bianco, John P
Hearing Date: 2023.07.03
Excerpt: ...judgment upon a sufficient showing or consider a motion for relief from the default. (Weil & Brown, Cal. Prac. Guide: Civ. Proc. Before Trial (Rutter Group 2022) '1 5:7 citing W.A. Rose Company v. Municipal Court for Oakland-piedmont Judicial District (1959) 176 Cal.App.2d 67, 72.) Defendants, for example, cannot defend these applications while in default and would have to move first for relief. In the Court's view, judicial efficiency is served ...
2023.07.03 Motion for Publication of Summons 140
Location: Tulare
Judge: Bianco, John P
Hearing Date: 2023.07.03
Excerpt: ...iff filed this complaint alleging a motor vehicle accident occurred between Plaintiff and Defendant Avelina Alcazar on June 25, 2021. At the time of the collision, Defendant provided an Oregon driver's license with the address 685 NE Garswood Terrace, Beaverton, OR. (Declaration of Lyndsie Russell ("Russell Decl.") 94.) Counsel for Plaintiff conducted a people search through Westlaw and obtained an updated address of 389 NE Natalie Street, Hillsb...
2023.07.03 Motion for Judgment on the Pleadings 495
Location: Tulare
Judge: Bianco, John P
Hearing Date: 2023.07.03
Excerpt: ... 5514. Defendant answered the complaint by checking 3(b) that states: "Defendant admits that all of the statements of the complaint or cross-complaint are true EXCEPT: (1) Defendant claims the following statements are false (use paragraph numbers or explain): The plaintiff has provideed (sic) no evidence this debt belongs to me. They have not provided an account number." Authority and Analysis When the moving party is the plaintiff, there is only...
2023.07.03 Motion for Renewal of Judgment 679
Location: Tulare
Judge: Bianco, John P
Hearing Date: 2023.07.03
Excerpt: ...uant to the file stamped copy, on March 13, 2023. However, Plaintiff indicates that on December 30, 2022, it electronically submitted the application for renewal of judgment, but that the Court, on January 13, 2023 rejected the Application for and Renewal of Judgment stating that the "aka name" did not match with the Complaint. Plaintiff seeks to have the judgment renewed as of December 30, 2022 because of SB 1200 modifying the law regarding rene...
2023.06.29 Motion to Continue Trial, for Summary Judgment 117
Location: Tulare
Judge: Bianco, John P
Hearing Date: 2023.06.29
Excerpt: ...e), as set forth below; and (3) to extend the deadline for plaintiffs to respond to written discovery, with a limited-purpose extension of the discovery and discovery motion hearing cutoff dates to accommodate the requested extension without undue prejudice to Bell Carter. After multiple demurrers, this action by California olive grower plaintiffs has been narrowed to a single fraudulent concealment claim against Bell Carter. The order on the las...
2023.06.29 Motion for Relief from Default and Stay 485
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.06.29
Excerpt: ... Apt. A, Visalia, CA 93277 ("Subject Property." ) (Complaint 93.) This is a three-day notice to pay rent or quit matter. (Complaint 99.) The Court notes a proof of service as to personal service on Defendant Lewis occurring on March 16, 2023 completed by a registered process serve. On April 24, 2023, the Court entered default and default judgment. On May 18, 2023, the writ of possession was issued. On June 27, 2023, Defendant Lewis filed this ex ...
2023.06.29 Motion for Attorney Fees 443
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.06.29
Excerpt: ...he light turned green, proceeded into the intersection. (Declaration of Chun '13.) Plaintiff further alleged that as he entered the intersection, his vehicle collided with Defendant's vehicle. (Declaration of Chun 93.) Plaintiff alleged that Defendant negligently drove through a red signal, causing the collisions and that this negligence was a substantial factor in causing Plaintiff's injuries. (Declaration of Chun 93.) At trial, the jury found t...
2023.06.29 Demurrer 263
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.06.29
Excerpt: ...3, Plaintiff Starnet Insurance sued a number of Defendants in a complaint in subrogation for property damages. Relevant here to this demurrer, Plaintiff sued moving party Defendant CPM Wolverine Proctor for strict products liability, negligence, gross negligence, breach of contract and negligent misrepresentation. This complaint arises out of fire on January 18, 2021 allegedly caused by a Wolverine Proctor Roaster, sold by Defendant CPM pursuant ...
2023.06.29 Application to Seize Property 778
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.06.29
Excerpt: ... Plaintiff's autographed Lebron James rookie card at auction in exchange for Defendant collecting 10% commission. It was alleged that the card was sold at auction for $22,000, entitling Defendant to keep $2,200 in commission. Defendant is alleged to have kept $2,200 from the sale and provided only $5,000 to Plaintiff, promising the remainder of the funds in the future. Plaintiff alleges that Defendant has paid none of the amount owed except the i...
2023.06.27 Motion for Summary Judgment 992
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.06.27
Excerpt: ...nalysis - Motion for Summary Judgment In reviewing a motion for summary judgment, courts must apply a three-step analysis: "(1) identify the issues framed by the pleadings; (2) determine whether the moving party has negated the opponent's claims; and (3) determine whether the opposition has demonstrated the existence of a triable, material factual issue." (Hinesley v. Oakshade Town Center (2005) 135 Cal.App.4th 289, 294.) "[T]he initial burden is...
2023.06.27 Motion for Joinder to Add Omitted Heirs 542
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.06.27
Excerpt: ...hild and heir of Decedent. Kaweah notes that neither Green nor Cochran are parties to this action. No opposition was filed as to this motion. Authority and Analysis California Code of Civil Procedure section 389, subdivision (a) states: "[a] person who is subject to service of process and whose joinder will not deprive the court of jurisdiction cwer the subject matter of the action shall be joined as a party in the action if (1) in his absence co...
2023.06.27 Demurrer 378
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.06.27
Excerpt: ... duly appointed, qualified, and acting personal representative of the estate of Decedent. (Complaint 92.) On September 12, 2022, Plaintiff filed a claim based on the above alleged breach of contract with the Decedent's estate. (Complaint 93.) On October 25, 2022, Defendant rejected the claim, filed the rejection with the clerk of the court in the above-mentioned estate proceeding, and served plaintiff with written notice of the rejection via mail...
2023.06.22 Motion to Compel Arbitration 892
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.06.22
Excerpt: ...s Labor Code violations as well as for enforcement of Labor Code section 2698 or PAGA against Defendant National Diversified Sales, Inc. Defendant, on March 21, 2023, filed an answer containing an affirmative defense as to arbitration. Defendant now moves the Court to compel arbitration as to Plaintiff's operative amended complaint. In response, Plaintiff indicates consent to arbitrate the individual PAGA claim, but seeks to stay this achon as to...
2023.06.20 Motion for Preliminary Approval of Class Action and PAGA Settlement 864
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.06.20
Excerpt: ...ator; to contnue the motion to July 11, 2023, Department 7, 8:30 am. 1. Sufficiency of Amount of Settlement (Proposed Net Estimated: $131,065.05) The gross settlement amount is $265,000. Plaintiff estimates approximately 95 proposed Class Members, providing an estimated average payout of $1,369.73 per member. Plaintiff further estimates approximately 32 Aggrieved Employees. The Class Members consist of all non-exempt employees who are currently o...
2023.06.20 Motion to Set Aside Entry of Default 349
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.06.20
Excerpt: ...chard Cregor, effectuated substitute service and mailing on December 14, 2022 on Defendant. On February 28, 2023, this Court entered default as to Defendant. On April 12, 2023, Defendant filed this motion for relief from entry of default. In support, Defendant declares that he has had approximately seven foot surgeries over the past year and has not been as attentive to his business, including the underlying facts of this case as it relates to pa...
2023.06.20 Motion for Summary Judgment, Adjudication 417
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.06.20
Excerpt: ...at canal for maintenance and repair as to Plaintiff BiRite's properties. (SAC 92, 7.) Prior litigation between the parties has resulted in a 2013 Judgment and a 2018 Judgment which provide express conditions upon which PVCC and its employees may enter BiRite's properties and the acts that may be performed on the properties at issue. The Court notes that Second Amended Complaint alleges violations of these express conditions by Defendant PVCC and ...
2023.06.20 Motion to Vacate Arbitration 299
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.06.20
Excerpt: ...mpel arbitration as to Plaintiff's claims. On September 21, 2022, based upon recent authority in Viking River Cruises, Inc. v. Moriana (2022) 142 S.Ct. 1906, the Court compelled arbitration of the "individual" PAGA claim and stayed the civil action as to the "representative" PAGA claim pending California Supreme Court's pending review in Adolph v. Uber Technologies, S274671, 2022 Cal. LEXIS 5021. On February 28, 2022, Plaintiff submitted a demand...
2023.06.16 Demurrer 919
Location: Tulare
Judge: Bianco, John P
Hearing Date: 2023.06.16
Excerpt: ...roperty. A three-day notice to quit ("Three-Day Notice") was served February 22, 2023 indicating a breach of the lease as to maintenance of the property in a condition safe to self-wherein the pest control service deemed the defendants "unclean and cause of roach infestation." Additionally, Plaintiff, apparently on the same day, served a sixty-day notice to terminate the rental contract based on uncleanliness of tenant leading to the roach infest...
2023.06.15 Motion for Preliminary Approval of Class Action and PAGA Settlement 012
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.06.15
Excerpt: ...posed Net Estimated: The gross settlement amount is $ $250ßW. Plaintiff estimates approximately 280 proposed Class Members, providing an estimated average payout of $400 per member. The Class Members consist of all persons currently or formerly employed by CT Commodities as non- exempt employees in the State of California at any time from January 29, 2017 to August 27, 2022. Plaintiff alleged causes of action for: (1) Inaccurate Wage Statements ...
2023.06.15 Motion for Leave to Amend Answer 211
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.06.15
Excerpt: ...Also on April 28, 2023, Defendants filed this motion to amend the answer to add defenses of statute of limitations and comparative fault of third parties. No opposition was filed to this motion. Authority and Analysis The Court may, in furtherance of justice, and on such terms as may be proper, allow a party to amend any pleading. (Code Civ. Proc., SS 473, 575.) Judicial policy favors resolution of all disputed matters between the parties and, th...
2023.06.15 Demurrer 750
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.06.15
Excerpt: ... after falling over in his wheelchair on the basis of dangerous condition on public property, premises liability, negligence and other causes of action against Defendants City of Tulare and CRD Construction. The City cross-complained against Todd Holmes and CRD Construction. CRD in turn cross-complained as to Holmes Properties, LLC and Taylor Cement ("Taylor"). Relevant to this demurrer, Holmes Properties LLC then cross-complained against Taylor ...
2023.06.15 Demurrer 573
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.06.15
Excerpt: ...emurring defendants, with leave to amend in accordance with the discussion below. Introduction Two of several defendants, the California Municipal Finance Authority (CMFA) and FortiFi, demurrer to plaintiff Raquel Cardenas-Mariscal's complaint alleging fraud in connection with a residential solar panel system transaction. Background Cardenas identifies herself as a 61-year-old Spanish-speaking woman, with a third-grade education level and with no...
2023.06.13 Motion to Strike 078
Location: Tulare
Judge: Roper, Glade
Hearing Date: 2023.06.13
Excerpt: ...ts as to the managing agent issue. The motion to strike the amended complaint of Plaintiff as to pun-tive damages arises as a result of the Court's ruling on the motion to strike portions of the initial complaint. In the Court's March 14, 2023 ruling, it found that: "Plaintiff sufficiently alleges oppression. Oppression is defined above and Plaintiff alleges that Defendants knew that the room assigned to Plaintiff was infested with bed bugs prior...
2023.06.13 Motion to Quash, Demurrer 273
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.06.13
Excerpt: ... evidence at the hearing. (2) To overrule the demurrer; Defendant Ivonne Figueroa shall have five (5) days to file an answer; Facts Common to (1) and (2) This unlawful detainer matter involves property located at 139 E Ferguson Ave., Visalia, CA 93291 (the "Subject Property." ) Plaintiff alleges it purchased the property at a Trustee's Sale held October 4, 2022. (Complaint 94). Plaintiff alleges it has duly recorded the Trustee's Deed upon Sale a...
2023.06.13 Motion to Compel Arbitration 913
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.06.13
Excerpt: ...take place no later than thirty (30) days from notice of this ruling; Plaintiffs to give notice. Plaintiffs have sued Defendants Jesus Renteria dba Jesse's Auto Sales ("Dealer" or "Seller"), Westlake Services, LLC dba Westlake Financial Services ('Assignee" or "Holder") for violations of the Consumer Legal Remedies Act, Business and Professions Code section 17200, and under Code of Civil Procedure sections 1281.97 and 1281.99 involving the purcha...
2023.06.08 Motion to Enforce Settlement 043
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.06.08
Excerpt: ...property damage to a vehicle insured by Plaintiff State Farm Mutual Automobile Insurance Company. Plaintiff filed its Complaint in this Court in 2010, alleging that as a direct and proximate result of the negligence of Defendant, damages resulted to Plaintiff's insured's vehicle. Plaintiff, under the policy, paid to its insured the sum of and became subrogated to that amount. Judgment was entered May 6, 2013 in favor of Plaintiff against Defendan...

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