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2022.07.05 Demurrer 591
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.07.05
Excerpt: ..., attached to the complaint is signed by Craig Branco, as “Landlord or Landlord's Agent.' Defendant demurrers to this complaint on the basis that documents recorded regarding the Subject Property list stated that the Subject Property was as of 2016, transferred to “3‐B Ranch, a California general partnership.” Judicial Notice Defendant requests judicial notice of the following: 1. “The last recorded deed at the Tulare County Recorder's ...
2022.06.29 Demurrer, Motion to Strike 407
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.06.29
Excerpt: ...s, the motion to strike is moot based on the ruling on demurrer. Facts This case arises from Charles Hardiman's (“Decedent”) death while a patient/resident at Defendant Sun Villaidence Opco, LLC dba Sequoia Transitional Care's (“Sun”) skilled nursing facility located at 350 North Villa Street (the “Facility.”) Plaintiffs are the heirs and successors in interest to Decedent. Defendant Sun and Defendant Providence Group of California, L...
2022.06.29 Demurrer 976
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.06.29
Excerpt: ... school. Both plaintiffs attended Golden West during the early 1980's. Doe 7024 alleges he was sexually abused by one of his teachers, Michael Cardoza. Plaintiff Jeffry Rivera alleges he was sexually abused by another teacher, Kenneth Walters, and that Michael Cardoza also attempted to sexually abuse him. Cardoza and Rivera are now deceased. Plaintiffs allege causes of action against the District and Does for negligence, negligent supervision, an...
2022.06.29 Motion to Bifurcate 168
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.06.29
Excerpt: ...allegedly misclassified him as an independent contractor in connection with driving services performed from June 2019 to March 2020. As part of this lawsuit, Plaintiff also filed a cause of action under Labor Code section 3706, which permits recovery against an employer for damages from injury when the employer fails to maintain applicable workers compensation coverage. Plaintiff filed a second action against the owner of the Carl's Jr, TWM Indus...
2022.06.29 Motion for Summary Judgment 143
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.06.29
Excerpt: ... (“UMF”) No. 1.) England was originally hired by Defendant General Logistics System's predecessor in 2006 (UMF Nos. 3, 4, 5.) England was, at all times, an at‐will employee. (UMF No. 6.) Co‐Plaintiff David Johnson was, at all relevant times, over the age of 40. (UMF No. 2.) Johnson is England's father‐in‐law (UMF No. 8.) Steve Bergan held the positions of Vice President of Operations and Chief Operating Officer during the relevant per...
2022.06.29 Motion for Final Approval of Class Action and PAGA Settlement, Attorney Fees, and Claims Admininstration 847
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.06.29
Excerpt: ...fees, costs, enhancement award, LWDA payment and class certification for settlement purposes came on for continued hearing on June 28, 2022. On September 15, 2022, the settlement administrator, Phoenix Settlement Administrators, received a data file of 95,724 potential class members from Defendant's counsel. However, Defendant did not have addresses for 59,287 of the 95,724 settlement class members and the administrator was unable to locate alter...
2022.06.28 Motion to Bifurcate 168
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.06.28
Excerpt: ...allegedly misclassified him as an independent contractor in connection with driving services performed from June 2019 to March 2020. As part of this lawsuit, Plaintiff also filed a cause of action under Labor Code section 3706, which permits recovery against an employer for damages from injury when the employer fails to maintain applicable workers compensation coverage. Plaintiff filed a second action against the owner of the Carl's Jr, TWM Indus...
2022.06.28 Motion for Final Approval of Class Action and PAGA Settlement, for Attorney Fees 847
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.06.28
Excerpt: ...fees, costs, enhancement award, LWDA payment and class certification for settlement purposes came on for continued hearing on June 28, 2022. On September 15, 2022, the settlement administrator, Phoenix Settlement Administrators, received a data file of 95,724 potential class members from Defendant's counsel. However, Defendant did not have addresses for 59,287 of the 95,724 settlement class members and the administrator was unable to locate alter...
2022.06.28 Demurrer, Motion to Strike 407
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.06.28
Excerpt: ...s, the motion to strike is moot based on the ruling on demurrer. Facts This case arises from Charles Hardiman's (“Decedent”) death while a patient/resident at Defendant Sun Villaidence Opco, LLC dba Sequoia Transitional Care's (“Sun”) skilled nursing facility located at 350 North Villa Street (the “Facility.”) Plaintiffs are the heirs and successors in interest to Decedent. Defendant Sun and Defendant Providence Group of California, L...
2022.06.28 Demurrer 976
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.06.28
Excerpt: ... school. Both plaintiffs attended Golden West during the early 1980's. Doe 7024 alleges he was sexually abused by one of his teachers, Michael Cardoza. Plaintiff Jeffry Rivera alleges he was sexually abused by another teacher, Kenneth Walters, and that Michael Cardoza also attempted to sexually abuse him. Cardoza and Rivera are now deceased. Plaintiffs allege causes of action against the District and Does for negligence, negligent supervision, an...
2022.06.27 Motion for Final Approval of Class Action, for Attorney Fees 081
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2022.06.27
Excerpt: ...ion and PAGA settlement, attorneys' fees, costs, enhancement award, LWDA payment and class certification for settlement purposes came on for hearing on June 17, 2022. The court finds and rules as follows: On March 18, 2022, the settlement administrator, Phoenix Settlement Administrators received a mailing list of 366 potential class members from Defendant's counsel with names, contact information, social security numbers and relevant employment i...
2022.06.27 Demurrer 773
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2022.06.27
Excerpt: ...l Draper demurrer to Dominga Tabutol's third amended complaint. This court previously sustained demurrers to the initial and first amended complaint. Tabutol filed a second amended complaint, to which American and Pacific demurred, but prior to hearing on the demurrer, Tabutol moved and was granted leave to file her third amended complaint. The third amended complaint includes first and second causes of action against American, Pacific, and Drape...
2022.06.27 Motion to Quash Filing of Doe Amendment, Service of Summons and Complaint 843
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2022.06.27
Excerpt: ...inst Defendant Complete Solar, Inc. and Does 1 through 30 for breach of implied warranty of merchantability, Song Beverly, breach of warranty, violation of the Consumer Legal Remedies Act and unfair competition. Relevant to this motion, Plaintiff, on March 7, 2022, filed an ex parte application to substitute “JAK Solar” for Doe Defendant 1. The application was granted by this Court. Plaintiff then, on April 8, 2022, filed a proof of service a...
2022.06.27 Motion for TRO, Preliminary Injunction 990
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2022.06.27
Excerpt: ... or documentary evidence, including, but not limited to, the written statement of complaint submitted by CEO Donna Hefner to Sierra View on or about July 22, 2021; 4) The censure may be based upon the March 11, 2022 statement of charges, which includes violations of policies that were not in place when Petitioner's conduct took place, but which Petitioner expressly agreed would be a part of his reconsideration hearing. Facts Petitioner Gaurang Pa...
2022.06.24 Motion to Vacate Default Judgment, Stay Execution of Judgment 515
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2022.06.24
Excerpt: ...nt was filed. On June 9, 2022, Plaintiff filed a proof of service of the complaint and summons indicating personal service on Defendant Ramirez. On June 17, 2022, default judgment was entered, and the writ of possession was issued. On June 22, 2022, Defendant Ramirez filed this motion to vacate default judgment under Code of Civil Procedure section 473 and stay execution of judgment under section 918. In support, Defendant states “I don't have ...
2022.06.24 Application to Consolidate 107
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.06.24
Excerpt: ...n unlawful detainer action involving possession of property located at 10246 Avenue 388, Dinuba, California 93618. Plaintiff ECP filed that action on February 2, 2022, naming Defendant Antonio Hauracha. Plaintiff served the summons, complaint, cover sheet, and prejudgment claim of right of possession on Defendant Huaracha and on “All Unknown Occupants in Possession” on February 12, 2022. Defendants and moving parties Graciela Gutierrez, Jose ...
2022.06.23 Motion for Preliminary Approval of Class Action and PAGA Settlement 808
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.06.23
Excerpt: ....33) The Court previously approved the gross settlement amount of $1,850,000. The gross settlement fund has been reduced to $1,840,000 to account for the individual settlement of Plaintiff John Cook's individual claims set forth in Cook v. Land O'Lakes, Inc., Case No. 1:20‐ CV‐00553‐NONE‐SAB. The settlement between all parties sought to globally resolve both the individual Cook action and the representative action. However, Cook's individ...
2022.06.23 Motion for Final Approval Class Action and PAGA Settlement, for Attorney Fees, Service Awards, and Claims Administration 096
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.06.23
Excerpt: ...December 22, 2022; 8:30 am; D1. CMC is taken off calendar. (1) and (2) Plaintiff's motions for final approval of class action and PAGA settlement, attorneys' fees, costs, enhancement award, LWDA payment and class certification for settlement purposes came on for hearing on June 23, 2022. The court finds and rules as follows: On January 13, 2022, the settlement administrator, Phoenix Settlement Administrators, received a mailing list of 73 potenti...
2022.06.23 Demurrer to FAC 311
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.06.23
Excerpt: ...y and tenth cause of action for breach of duty of loyalty; to overrule the demurrer as to the twenty‐first cause of action for unfair competition against Love Plants; to overrule the demurrer as to the fourteenth through twenty fifth‐ causes of action based on inconsistent fact pleading. Case Management Conference is continued to July 11, 2022; 8:30 am; D1. To sustain the demurrer with leave to amend as to the third cause of action for violat...
2022.06.23 Demurrer 343
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2022.06.23
Excerpt: ...ENANCY” to be served on Defendants, including Defendant Vega (the “Notice.”) The Notice provides a statement that the tenancy is not subject to the Tenant Protection Act of 2019, contains the language required by 1946.2(e)(8)(B). The sixty day period expired May 21, 2022. On May 24, 2022, Plaintiff filed this unlawful detainer complaint. There was no agreement as to the rental of the Premises or amount of rent. Plaintiff indicates Plaintiff...
2022.06.22 Motion to Vacate Default Judgment and Stay Execution of Judgment 260
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2022.06.22
Excerpt: ...��Subject Property.”) A three day notice to pay rent or quit was served May 4, 2022. On May 16, 2022, the complaint was filed. On June 1, 2022, Plaintiff filed a proof of service of the complaint and summons, indicating personal service on Defendant Campos on May 21, 2022. On June 9, 2022, default judgment was entered and the writ of possession was issued. On June 13, 2022, Defendant attempted to file an answer, which was rejected and filed thi...
2022.06.21 Demurrer, Motion to Strike 229
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.06.21
Excerpt: ...Defendant Terra Bella. Plaintiff alleges causes of action for negligence, intentional tort, premises liability and products liability and seeks punitive damages. The Court previously sustained Defendant's demurrer, with leave to amend, on the basis that California's workers compensation program provides an exclusive remedy to Plaintiff and that Plaintiff has already received his workers compensation benefits. The Court provided leave to amend to ...
2022.06.21 Demurrer 574
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.06.21
Excerpt: ... $1,250 per month, raised to $1,300 in July 2021. The tenancy is not subject to the Tenant Protection Act because it is a single family home under Civil Code section 1946.2(e)(8). Despite the complaint stating the exemption, the complaint also states the tenancy was terminated for at‐fault just cause pursuant to Civil Code section 1946.2(b)(1). Defendant Esperanza Mendoza was served a 3 day notice to pay rent or quit (“Notice”) on May 12, 2...
2022.06.21 Motion for Final Approval of Class Action and PAGA Settlement, Attorney Fees, Service Awards, and Claims Administration Costs 892
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.06.21
Excerpt: ...r final approval of class action and PAGA settlement, attorneys' fees, costs, enhancement award, LWDA payment and class certification for settlement purposes came on for hearing on June 21, 2022. The court finds and rules as follows: Escalator Clause Issue Defendant objects to Plaintiff's motion for final approval because it seeks a gross settlement amount increased from $900,000 to $1,098,872.35, based upon Section 16 of the January 13, 2022 set...
2022.06.21 Motion for Summary Judgment, Adjudication 143
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.06.21
Excerpt: ...f” or “Johnson”) was born in September 1952 and was over 40 years old at all relevant times. (Undisputed Material Fact (“UMF”) No. 1.) Plaintiff was originally hired by Defendant General Logistics System's predecessor in 1999 (UMF Nos. 2, 4.) Johnson was, at all times, an at‐will employee. (UMF No. 5.) Johnson's title was Director of Operations and he reported to the Vice President of Operations for Defendant. (UMF Nos. 6, 7.) Relevan...
2022.06.21 Motion to Set Aside Default Judgment 074
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.06.21
Excerpt: ...d service and mail. The proof of service indicates that “Anna Kostanyan ‐ Agent for process of service” was served at 36400 Highway 190, Springville, CA 93263, “by substitute service” on August 21, 2021 at 7:04 pm with the documents were left with “Hamo T. – Employee/Accepting Service.” On August 23, 2021, the process server mailed the documents addressed as follows to “Springville Ranch 36400 Highway 190, Springville, CA 93263�...
2022.06.20 OSC Re Production of Medical Records, for Sanctions 355
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2022.06.20
Excerpt: ...to sanctions for the OSC hearing. Facts Petitioner Henry Oney, by and through his guardian ad litem Renae Oney (“Petitioner”) was a patient of Respondent Kaweah Delta Health Care District (“Respondent”) at various locations owned and operated by Respondent. Petitioner contends that the hospital and two skilled nursing facilities which treated him are defined in Health and Safety Code section 1250 as “a health facility having duly consti...
2022.06.20 Motion for Leave to File SAC 833
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2022.06.20
Excerpt: ...to Pay Overtime Compensation [Cal. Lab. Code §§ 1194 and 1198]; 3. Failure to Provide Meal Periods [Cal. Lab. Code §§ 226.7, 512]; 4. Failure to Authorize and Permit Rest Breaks [Cal. Lab. Code §§ 226.7]; 5. Failure to Timely Pay Final Wages at Termination [Cal. Lab. Code §§ 201‐203]; 6. Failure to Provide Accurate Itemized Wage Statements [Cal. Lab. Code § 226]; 7. Unfair Business Practices [Cal. Bus. & Prof. Code §§ 17200, et seq.]...
2022.06.20 Motion for Leave to File SAC 804
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2022.06.20
Excerpt: ...ained after she was injured on an escalator owned, controlled, and/or maintained by Defendants Macy's West Stores Inc. and Schindler Elevator Corporation. Ms. Moreno was a patron at Defendant Macy's store on October 18, 2018 when she attempted to use an escalator within the store. The subject escalator jolted Plaintiff due to a malfunction and Plaintiff fell backwards and hit her head, suffering a mild traumatic brain injury. Plaintiff also susta...
2022.06.20 Demurrer, Motion to Strike 301
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2022.06.20
Excerpt: ...sed. 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 lacked capacity to execute the documents at the time they were signed, and relatedly, that they w...
2022.06.14 Motion to Set Aside or Vacate Arbitration 655
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.06.14
Excerpt: ...rillwitz (“Defendants.”) Defendants successfully moved to compel this matter to arbitration on February 8, 2022. The Court notes that the arbitration agreement states, as to selection of the arbitrator: “The arbitrator shall be selected by mutual agreement.” Additionally, the agreement is expressly governed by the Federal Arbitration Agreement (“FAA.”) Further, the agreement contains a delegation clause as follows: “EXCEPT AS PROVID...
2022.06.14 Motion for Summary Adjudication 770
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.06.14
Excerpt: ...iation of these proceedings on November 24, 2018. Background 1. The trusts Douglas Jr.'s will provided for distribution of his estate upon his death to an irrevocable testamentary trust known as the “Marital Trust of Douglas Cox, Jr.” Douglas Jr. died in 1984, and his estate was administered in probate, which was completed in 1986. The trust was funded on probate of Douglas Jr.'s estate. As relevant here, the order for final distribution prov...
2022.06.14 Motion for Final Approval of Class Action and PAGA Settlement, for Attorney Fees 554
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.06.14
Excerpt: ...for final approval of class action and PAGA settlement, attorneys' fees, costs, enhancement award, LWDA payment and class certification for settlement purposes came on for hearing on June 14, 2022. The court finds and rules as follows: On February 18, 2022, the settlement administrator, Phoenix Settlement Administrators received a mailing list of 81 potential class members from Defendant's counsel with names, contact information, social security ...
2022.06.14 Demurrer 800
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.06.14
Excerpt: ... which are currently removed 3. 1929 Dodge Brother's Doctor's Coupe valued at $2,500.00 (Complaint ¶3) Plaintiff alleges that Defendant's now deceased husband, in or about 2007, made an agreement with Plaintiff wherein he would restore and refurbish Plaintiff's vehicles. (Complaint ¶¶ 6, 7.) Work on the Camaro commenced at this time, while the Dodge was placed in a Seatrain container located at 22824 Road 178, Porterville, California. (Complai...
2022.06.13 Motion for Change of Venue 761
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2022.06.13
Excerpt: ...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 between themselves for general engineering services making Quad the City's contract City Engineer. In 2009, Quad and FG first entered into a written subconsultant agreement related ...
2022.06.13 Motion for Preliminary Approval of Class Action 357
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2022.06.13
Excerpt: ...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 July 18, 2022 at 8:30 a.m.in Department 2 of this court which is same the date, time and department of the case management conference. 1. Sufficiency of Amount of Settlement (Net Estimated: $128,500) The gross settlement amount is $200,000. Plaintiffs...
2022.06.13 Motion for Preliminary Approval of Class Action and PAGA Settlement 451
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2022.06.13
Excerpt: ... 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 and is continued to July 18, 2022 at 8:30 a.m.in Department 2 of this court. 1. Sufficiency of Amount of Settlement (Net Estimated: $115,166.67) The gross settlement amount is $250,000 Plaintiff estimates approximately 79 proposed Class Members with an average paymen...
2022.06.13 Motion to Compel Certification of Administrative Record, Continue Hearing 229
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2022.06.13
Excerpt: ... motion is denied. Wonderful moves this court for an order directing the County of Tulare to certify the administrative record in this case. According to Wonderful, it prepared a complete administrative record after the County confirmed it had provided all documents needed for the record and that the draft record was complete, but the County refuses to certify it. County has not filed any opposition. Touchstone has not filed opposition on the mer...
2022.06.09 Application to Consolidate Cases 107
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.06.09
Excerpt: ...etainer action involving possession of property located at 10246 Avenue 388, Dinuba, California 93618. Plaintiff ECP filed that action on February 2, 2022, naming Defendant Antonio Hauracha. Plaintiff served the summons, complaint, cover sheet, and prejudgment claim of right of possession on Defendant Huaracha and on “All Unknown Occupants in Possession” on February 12, 2022. Defendants and moving parties Graciela Gutierrez, Jose Gutierrez, F...
2022.06.07 Motion for Preliminary Injunction 480
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2022.06.07
Excerpt: ... owned by Plaintiffs' predecessors in interest. Specifically the easement here involved a dirt road exiting off North Fork Drive in Three Rivers (the “Original Road” as labeled by Defendants) that provided access to various properties that were created by the division of the contiguous parcel. As alleged by Plaintiffs, this Original Road provided access to homes, barns and appurtenant buildings and facilities. Plaintiffs allege it was approxi...
2022.06.07 Motion for Letter of Request to Take Deposition Abroad 782
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.06.07
Excerpt: ...intiff has filed a first amended complaint for negligence, negligent supervision, negligent retention, sexual harassment and violation of the Bane Act. The proposed deponent, Sherry Perry, is alleged to have been responsible for coaching the academic decathlon team, recruiting Stanley and supervising both Stanley and Plaintiff. Ms. Perry has been a resident of Australia for the past five years and is currently a resident of Kensington, Australia....
2022.06.06 Motion to Set Aside or Vacate Continued Ex Parte Motion to Appoint 709
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2022.06.06
Excerpt: ...on against Defendants Rosario and Cynthia Soto. Defendants were never personally served. Plaintiff, on his third attempt, obtain an order for service via publication, allegedly effectuated service through publication and obtained entry of default in July 2019. However, default judgment was not entered until February 24, 2022. Defendants indicate that, in 2017, they moved from Tulare County to San Louis Obispo County seven months after the lawsuit...
2022.06.06 Motion for Leave to Amend Complaint 714
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2022.06.06
Excerpt: ...th cause of action. The proposed first amended cross‐complaint attached as Exhibit A shall be deemed filed. (2) To grant the motion as to causes of action one through five of the amended cross‐complaint. (1) Facts Sierra moves this Court to amend its cross‐complaint, to add a claim for express indemnity. Specifically, Sierra's theory on express indemnity is pursuant to “an express General Commercial Liability and Auto Liability Insurance ...
2022.06.02 Motion for Preliminary Approval of Class Action and PAGA Settlement 599
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.06.02
Excerpt: ... The Court previous approved the sufficiency of the amount of the settlement, including the assessment of the value of the various claims and penalties, including evaluation of the various strengths and weaknesses of Plaintiffs' case and Defendant's defenses to Plaintiffs' claims. The Court further previously approved the class notice period, the content of the class notice, the claims administrator, the recipient of unclaimed settlement proceeds...
2022.06.02 Demurrer 437
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.06.02
Excerpt: ...fendants now demurrer to the First Amended Complaint for failure to file a timely government tort claim and for failure to state a cause of action. Authority and Analysis Before filing a demurrer, the demurring party is required to meet and confer with the party who filed the pleading demurred to for the purpose of determining whether an agreement can be reached that would resolve the objections to be raised in the demurrer. (Code Civ. Proc. § 4...
2022.06.02 Demurrer 289
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.06.02
Excerpt: ...ior Court Case No. VCU289281 (the “Class Action”). On January 31, 2022, Plaintiff filed this Complaint against the same parties, and based upon the same factual allegations (the “PAGA Action.”) Defendant points out that there are substantial similarities between the actions, though the PAGA Action advances two additional theories of liability. Defendant categorizes this as an improper attempt to “split claims” and “game the legal sy...
2022.06.02 Demurrer 247
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.06.02
Excerpt: ... the TPA including the following: “Under the TPA, the most common exemptions from just cause eviction laws are: (1) separately alienable single‐family dwellings, including a condominium, as long as the property is not owned by a corporation; a limited liability company with a corporate member; or a real estate investment trust. For this exemption to apply, the landlord must first give the tenant applicable notice of the exemption…” The si...
2022.06.02 Demurrer 082
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.06.02
Excerpt: ...ant demurrers to the complaint, contending plaintiff failed to file a timely government tort claim and that the complaint fails to state a cause of action. Authority and Analysis Before filing a demurrer, the demurring party is required to meet and confer with the party who filed the pleading demurred to for the purpose of determining whether an agreement can be reached that would resolve the objections to be raised in the demurrer. (Code Civ. Pr...
2022.05.31 Motion for Summary Adjudication 145
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.05.31
Excerpt: ... for breach of contract, wrongful foreclosure regarding both the Douglas Ave. property and Lewis Lane property intentional misrepresentation, breach of covenant of good faith and fair dealing, slander and intentional interference with prospective economic advantage. In support, Defendant sets forth the following undisputed material facts. Arnulfo Gonzalez's first cause of action for breach of contract is based upon the January 27, 2017 Note Secur...
2022.05.31 Motion for Preliminary Approval of Class Action and PAGA Settlement 006
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.05.31
Excerpt: ...1. Sufficiency of Amount of Settlement (Net Estimated: $457,000.00) The gross settlement amount is $1,200,000.00. The Class Members consist of: “All current and former hourly‐paid, non‐exempt employees of Defendant who worked in the State of California at any time from January 7, 2017 through August 31, 2021.” Plaintiffs estimate approximately 1,250 proposed Class Members with an average payment of approximately $365.60 each. The individu...
2022.05.27 Motion to Vacate Judgment After Trial, Stay Execution of Judgment 904
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.05.27
Excerpt: ...for possession for Plaintiff after trial, cancelled the rental agreement, issued the writ immediately, and awarded $1,917.24 to Plaintiff. Defendant Jones now brings this ex parte motion to vacate judgment and stay execution of judgment. In support, Defendant states she was late to the trial date due to road construction and arrived minutes after the judgment was entered. Defendant states defenses including “rent increase. Verbal promise to all...
2022.05.27 Motion to Vacate Default Judgment, Stay Execution of Judgment 867
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2022.05.27
Excerpt: ...as filed. On April 22, 2022, Plaintiff filed a proof of service of the complaint and summons indicating personal service on Defendant Wilkinson. On April 22, 2022, the clerk entered default against Defendant Wilkinson. On April 26, 2022, default judgment was entered and the writ of possession was issued. On May 11, 2022, Defendant Wilkinson filed a motion to vacate default judgment and stay execution of judgment under Code of Civil Procedure sect...
2022.05.26 Demurrer, Motion to Strike 196
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.05.26
Excerpt: ...qudah), was previously resolved by stipulated judgment. SPAS then sued Alqudah for breach of contract, seeking, inter alia, recovery of unpaid rent. Alqudah cross‐complained against SPAS, initially alleging causes of action for breach of contract and “fraud and misrepresentation.” This court granted an anti‐SLAAP motion to strike, as to Alqudah's breach claim, and sustained a subsequent demurrer to Alqudah's fraud claim. Alqudah filed a f...
2022.05.26 Motions for Summary Judgment, to Compel Further Responses 416
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.05.26
Excerpt: ...dant Visalia Tile Inc. Tentative Rulings: (1‐5) To deny plaintiffs' motions for summary adjudication. (6) and (7) There are no tentative rulings on the merits for these motions. Per the request of the parties, this is a continued hearing date for these motions. In the event the motions are fully resolved, please advise the D1 clerk and the motions will be taken off calendar. Class representative plaintiffs James Alvarez, Juan Barrera, Raul Chav...
2022.05.26 Motion for Preliminary Injunction 143
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.05.26
Excerpt: ...easement and from destructing or removing the easement. Plaintiff's motion states that in 2016, Defendant Sanchez sought a lot line adjustment to combine Tulare County Assessor Parcel Numbers 316‐050‐042 and 316‐050‐041 into one (1) undivided parcel subsequent renumbered as Tulare County Assessor Parcel Number 316‐050‐050 and to divide Tulare County Assessor Parcel Number 316‐050‐028 into two (2) separate parcels subsequently renu...
2022.05.24 Motion to Compel Deposition, to Continue Trial 656
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.05.24
Excerpt: ...el may appear in any manner as to this motion. (1) Facts The lawsuit arises from reroofing work on the City of Dinuba's police station and courthouse, performed by Plaintiff Eagle Fire and Water Restoration, Inc. (“EFW”). On January 13, 2021, Plaintiffs Akop Elechyan, Bella Gasparian, and EFW filed the instant lawsuit, naming the City of Dinuba and Jason Watts (“Watts”) as defendants. Elechyan is EFW's principal, executed EFW's contract w...
2022.05.24 Motion for Judgment on the Pleadings 981
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.05.24
Excerpt: ...rmative defenses. It is completely blank other than the caption and signature. Plaintiff now brings this motion for judgment on the pleadings on the basis that the answer fails to state facts sufficient to constitute a defense. Plaintiff's motion states “Since there is nothing in the answer that states any legal defense whatsoever, the answer should be disregarded and judgment should be entered for Plaintiff.” This suggests, to the Court, tha...
2022.05.24 Motion to Set Aside Arbitration 376
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.05.24
Excerpt: ...forceable as against Plaintiffs by Defendant Plum. The Court notes that both Plaintiffs' arbitration agreements are expressly governed by the Federal Arbitration Act. Pursuant to the Court's order, Plaintiffs indicate they initiated arbitration in July 2021. Plaintiff Suastegui filed her arbitration demand with AAA and Plaintiff Gillespie filed her arbitration demand with JAMS, pursuant to their respective agreements. While initial fees were paid...
2022.05.23 Motion for Final Approval of Class Action, for Attorney Fees 013
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2022.05.23
Excerpt: ...mpliance Hearing is set for September 19, 2022, 8:30 am in Dept. 2. Plaintiff's motion for final approval of class action and PAGA settlement, attorneys' fees, costs, enhancement award, LWDA payment and class certification for settlement purposes came on for hearing on May 23, 2022. The court finds and rules as follows: On February 9, 2022, the settlement administrator, Phoenix Settlement Administrators, received a mailing list of 1,078 potential...
2022.05.23 Demurrer 060
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2022.05.23
Excerpt: ...date range for the abuse or placement, does not identify the foster family, does not identify any therapist or state how long the abuse lasted. Defendant demurrers on the basis that the complaint is ambiguous for failure to provide such identification. Defendant further states that Plaintiff has failed to plead particularity. Plaintiff opposes the demurrer on the basis that she has pled all elements for negligence against the County and need not ...
2022.05.23 Motion for Judgment on the Pleadings 229
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2022.05.23
Excerpt: ...he petition, Touchstone filed its initial cross complaint seeking a judicial declaration that Wonderful lacks standing because another department of this court determined Wonderful lacked standing to challenge other, prior land use approvals relating to the same pistachio processing facility in a recent prior action: Tulare County Superior Court Case No. VCU283508 (Wonderful I). The land use approvals at issue in Wonderful I were two building per...
2022.05.23 Motion to Set Aside Dismissal, Entry of Judgment 841
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2022.05.23
Excerpt: ...ered into a settlement agreement. On June 12, 2017, the Court signed the order dismissing the case without prejudice and expressly retaining jurisdiction over this matter pursuant to Code of Civil Procedure section 664.6. Defendants made payments toward the balance due totaling $3,977.91, with the last payment made on January 31, 2019. Plaintiff requests the pre‐judgment amount of $17,200.00 plus court costs of $640.00 minus credits of $3,977.9...
2022.05.23 Motion to Strike 251
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2022.05.23
Excerpt: ...cember 10, 2020 against Defendants Jon Mackenzie, Anthony Longabordo and Pacific Properties, amongst others. The complaint involves the validity of a lease of a private air landing strip. The complaint contains a cause of action for declaratory relief. The issue is whether the lease is invalid because it does not contain Defendant Mackenzie's signature. On February 16, 2022, Cross‐Complainant/Defendant Mackenzie then filed a cross‐complaint a...
2022.05.23 Demurrer 324
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2022.05.23
Excerpt: ...e correspondence attached indicates that the issues were sufficiently discussed between the parties, some in more detail than others. In any event, “(4) A determination by the court that the meet and confer process was insufficient shall not be grounds to overrule or sustain a demurrer.” (Code Civ. Proc § 430.1(a)(4).) Facts This matter arises from disputes relating to the sale of Plaintiff Paim's towing business, Indy Towing and Transport (...
2022.05.19 Motion to Compel Arbitration 494
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.05.19
Excerpt: ...argument is requested, the hearing for argument will be continued to May 26, 2022; 8:30 am; D1. A. Facts On January 4, 2022, Plaintiff filed a lawsuit against Defendants alleging: (1) Wrongful Termination in Violation of Public Policy, (2) Sexual Orientation Discrimination under the Fair Employment and Housing Act, (3) Sex Discrimination under the Fair Employment and Housing Act, (4) Age Discrimination under the Fair Employment and Housing Act, (...
2022.05.19 Motion to Award Reasonable Attorney Fees 107
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.05.19
Excerpt: ...d at 10246 Avenue 388, Dinuba, California 93618. Plaintiff caused a sixty‐day notice to be served on October 25, 2021. The notice is directed at “Antonio Hauracha & to all other residents or occupants.” Plaintiff filed this action on February 2, 2022, naming Defendant Hauracha. Plaintiff served the summons, complaint, cover sheet, and prejudgment claim of right of possession on Defendant Huaracha and on “All Unknown Occupants in Possessio...
2022.05.19 Motion for Final Approval of Class Action and PAGA Settlement, for Attorney Fees 266
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.05.19
Excerpt: ...is requested, the Court will adopt the tentative ruling. In the event oral argument is requested, the hearing for argument will be continued to May 26, 2022; 8:30 am; D1. Plaintiff's motion for final approval of class action and PAGA settlement, attorneys' fees, costs, enhancement award, LWDA payment and class certification for settlement purposes came on for hearing on May 19, 2022. The court finds and rules as follows: On February 23, 2022 the ...
2022.05.19 Demurrer, Motion to Strike Attorney Fees 848
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.05.19
Excerpt: ...10 days to amend; To overrule the demurrer as to the fourth cause of action. (2) As to punitive damages and attorneys' fees, the motion to strike is moot based on the ruling on demurrer; The Court denies the motion as to other allegations made by Plaintiff sought to be struck on the basis of the PREP Act. If no oral argument is requested, the Court will adopt the tentative ruling. In the event oral argument is requested, the hearing for argument ...
2022.05.17 Motion to Compel Deposition 277
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.05.17
Excerpt: ...has sued the County of Tulare, as well as multiple individually named Defendants, including Heriberto Martinez for failure to investigate and provide emergency responsive services. Plaintiff states that Defendant Martinez is the chief liability witness. Plaintiff mutually set the deposition approximately four times without success, including on April 5, 2022, where Defendant failed to appear at the deposition. In opposition, Defendant states he h...
2022.05.17 Demurrer 294
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.05.17
Excerpt: ... U.S.C. § 1985; 2) Deprivation of Civil Rights under 42 U.S.C. § 1983; 3) Deprivation of Civil Rights under State Code §§ 51 (Unruh Act) and 52.1; 4) Taxpayer Suit to Prevent the Illegal Expenditure of Funds (Code of Civ. Proc. 526a; 5) Failure to Take all Reasonable Steps to Prevent Discrimination; 6) Harassment and Hostile Environment; 7) Unlawful Retaliation: Labor Code § 1102.5 (Whistleblower Law); 8) Battery; 9) Assault; 10) Negligence;...
2022.05.13 Motion to Vacate Default Judgment, Stay Execution of Judgment 867
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2022.05.13
Excerpt: ... filed. On April 22, 2022, Plaintiff filed a proof of service of the complaint and summons indicating personal service on Defendant Wilkinson. On April 22, 2022, the clerk entered default against Defendant Wilkinson. On April 26, 2022, default judgment was entered and the writ of possession was issued. On May 11, 2022, Defendant Wilkinson filed this motion to vacate default judgment and stay execution of judgment under Code of Civil Procedure sec...
2022.05.13 Application to Set Aside Judgment and Default, Quash Writ of Possession 107
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.05.13
Excerpt: ...on October 25, 2021. The notice is directed at “Antonio Hauracha & to all other residents or occupants.” Plaintiff filed this action on February 2, 2022, naming Defendant Hauracha. Plaintiff served the summons, complaint, cover sheet, and prejudgment claim of right of possession on Defendant Huaracha and on “All Unknown Occupants in Possession” on February 12, 2022 at 12:54 pm by substituted service on Jesus Hauracha “co‐resident,” ...
2022.05.10 Motion for Relief from Default 612
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2022.05.10
Excerpt: ...r is an unlawful detainer action involving residential property located at 1090 Stonegate Cove Dr. #A, Porterville, CA 93257. Defendant Valdez was served via posting and mailing on April 5, 2022. The proof of service of this method of service was filed April 27, 2022. Default was entered as to Defendant Valdez on April 27, 2022. In support of this motion, Defendant Valdez's counsel has submitted a declaration that indicates that counsel contacted...
2022.05.10 Demurrers 770
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.05.10
Excerpt: ...Garcia), and Sumruld Garcia, Inc., identified in the complaint as a “family business.” Davis alleges the defendants issued a “bad check” from a Sumruld Garcia business account for sums allegedly agreed to be paid for legal services. Based on this allegation, Davis alleges a first cause of action for breach of contract, a second cause of action on various common counts, a third cause of action for fraud, and a fourth cause of action for ge...
2022.05.10 Motion for Relief from Default 710
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2022.05.10
Excerpt: ...ndant filed this motion April 5, 2022. The procedural history, Defendant's participation at various hearings and statements by the Court to Defendant are relevant to denial of this Motion. On November 9, 2021, Defendant, representing himself, attended the case management conference. Defendant told the Court at that time, he did not understand he had to file an answer. The Court advised him that he had not yet filed a response to the lawsuit. Spec...
2022.05.10 Motion to Dismiss Appeal for Failure to Post Undertaking 718
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.05.10
Excerpt: ...ts appealed from the DLSE judgment to the Tulare Superior Court on February 9, 2018. Defendants, in compliance with Labor Code section 98.2(b), filed an undertaking in cash in the amount of $72,377. Trial was in March 2019. The Court found a lack of an employer/employee relationship, entered judgment on all claims of Plaintiff and ordered the bond released. This Court signed the proposed judgment and proposed order for release of the bond on Apri...
2022.05.09 Petition for Writ of Mandate 992
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2022.05.09
Excerpt: ...n its appeal, JT2 challenged a Civil Wage and Penalty Assessment (CWPA) issued by the California Division of Labor Standards Enforcement (DLSE) based on JT2's alleged failure to pay its workers prevailing wage rates for work on a public works project. The hearing officer determined DLSE's assessment was incorrect in various respects, and the Director issued a decision modifying the assessment. JT2 challenges a limited part of the Director's decis...
2022.05.09 Motion for Summary Judgment, Adjudication 714
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2022.05.09
Excerpt: ...a load of lumber at Defendant and Cross‐Complainant Sierra Forrest Products. After loading the lumber, various tarps were placed on top of the truck. Plaintiff was then “instructed to drive his truck outside of the loading area to the front of the building before the straps and tarps were fully secured” and while Plaintiff “was adjusting one of the straps in preparation for securing the load, one of the heavy tarps fell off of the load an...
2022.05.09 Demurrer, Motion to Strike Attorney Fees, Punitive Damages, Other Allegations 839
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2022.05.09
Excerpt: ...ntiff shall have 10 days to amend; To overrule the demurrer as to the fourth cause of action. (2) As to punitive damages and attorneys' fees, the motion to strike is moot based on the ruling on demurrer; The Court denies the motion as to other allegations made by Plaintiff sought to be struck on the basis of the PREP Act. Facts Common to (1) and (2) This case arises from Mary Alice Hooper's (“Decedent”) death while a patient/resident at Linwo...
2022.05.09 Application for Amicus Curiae Brief 623
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2022.05.09
Excerpt: ...mplaint. Authority and Analysis In re Veterans' Industries, Inc. (1970) 8 Cal.App.3d 902, 924‐925 notes the following regarding amicus briefs at the trial court level: “It is sometimes observed that even though one's interest in the subject matter or the outcome of an action is insufficient to permit an intervention, such a person's rights had been adequately protected by his having been permitted to appear as an amicus curiae setting forth h...
2022.05.06 Demurrer 949
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2022.05.06
Excerpt: ...he rental market. On February 8, 2022, Plaintiff caused a “SIXTY DAY NOTICE TO QUIT (C.C., Sec. 1946.1)” to be served on Defendants, including Defendant Bothke (the “Notice.”) The Court notes the Notice is on a form indicating it was published in 2003. The Notice expressly states it is given pursuant to Civil Code section 1946.1. On April 20, 2022, Plaintiff filed this unlawful detainer complaint. Defendant Bothke now demurrers to the com...
2022.05.05 Petition for Minor's Compromise 831
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.05.05
Excerpt: ...inor child. According to the Petition, on September 16, 2020, the minor was a passenger in a vehicle which was struck by another vehicle. (Petition at 5, 6.) The minor sustained injuries to her head, back, neck, left knee and right knee. (Petition at 7.) The Petition states the minor has recovered completely from the effects of the injuries. (Petition at 9a.) The minor received treatment from Dr. Lester and ML Healthcare Services. The Court notes...
2022.05.05 Motion for Summary Judgment 877
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.05.05
Excerpt: ...ebruary 20, 2020. Here, Plaintiff objects on grounds that Defendant has filed a second summary judgment motion without providing new facts or new law as required under California Code of Civil Procedure section 437c(f)(2), Le Francois v. Goel (2005) 35 Cal. 4th 1094, 1098, Bagley v. TRW, Inc. (1999) 73 Cal.App.4th 1092, 1097; and Schacter v. Citigroup (2005) 126 Cal. App. 4th 726. The Court notes initially that the defense under the Privette v. S...
2022.05.03 Demurrer, Motion to Strike FAC 720
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.05.03
Excerpt: ... retaliation as to the allegations of “insurance fraud, waste of resources recruited pt base, privacy breach, civil rights violations, harassment.” Plaintiff shall have 10 days to amend this cause of action and these specific issues. The Court overrules the demurrer as to the second cause of action for retaliation as to the OSHA issue. This mirrors the Court's first ruling on demurrer. The Court overrules the demurrer as to the third through ...
2022.05.03 Demurrer 630
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.05.03
Excerpt: ...ions of Business and Professions Code section 17200, based on their purchase of a 2022 Honda Civic. On March 28, 2022, Defendants filed a demurrer to the fourth cause of action. Authority and Analysis A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) When considering demurrers, courts read the allegations liberally and in context, accepting the alleged facts as true. ...
2022.05.02 Motion to Enforce Settlement 751
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.05.02
Excerpt: ...ustee, appointing a successor trustee, dismissing the petition and retaining jurisdiction under Code of Civil Procedure section 664.6 to enforce the terms of the settlement agreement attached to the order. The material terms at issue are found in section 4.1 of the Settlement Agreement. Pursuant thereto, Respondents shall pay Petitioners $750,000.00 in installments as follows: 1) 75% of the net proceeds of the sale of 20650 Agnes Lane, which “s...
2022.04.28 Motion for Preliminary Approval of Class Action and PAGA Settlement 599
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.04.28
Excerpt: ...ot file for a second time the moving papers and declarations that are already on file with the Court. The hearing on this matter is continued to June 16, 2022 at 8:30 a.m.in Department 1 of this court. Case management conference is likewise continued to June 16, 2022 at 8:30 a.m. in Department 1. 1. Sufficiency of Amount of Settlement (Net Estimated: $2,180,000.00) The gross settlement amount is $3,925,000.00. Plaintiffs estimate approximately 1,...
2022.04.26 Motion for Final Approval of Class Action and PAGA Settlement, for Attorney Fees 847
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.04.26
Excerpt: ...ward, LWDA payment and class certification for settlement purposes came on for hearing on April 26, 2022. On September 15, 2022, the settlement administrator, Phoenix Settlement Administrators, received a data file of 95,724 potential class members from Defendant's counsel. However, Defendant did not have addresses for 59,287 of the 95,724 settlement class members and the administrator was unable to locate alternative address information for thos...
2022.04.26 Motion to Transfer and Coordinate or Consolidate, Request for Stay 168
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.04.26
Excerpt: ...r coordinating the actions under Code of Civil Procedure section 403 and further “order the cases consolidated for trial pursuant to Section 1048 without any further motion or hearing.” (Code Civ. Proc. § 403.) Facts This matter involves two cases, one whose venue is Tulare and the other Merced. In or around June 2019, Plaintiff Victor Lopez (“Plaintiff”) was hired by Defendant Kulwant Gadri dba Gadri Farms (“Gadri”) as a driver. Pla...
2022.04.26 Motion for Preliminary Approval of Class Action Settlement and PAGA Settlement 006
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.04.26
Excerpt: ...are already on file with the court. The Court does grant the leave requested to file the First Amended Complaint and deems it filed as of the date of this hearing. Accordingly, the motion to approve the settlement pursuant is preliminarily denied without prejudice. The hearing on this matter is continued to May 31, 2022 at 8:30 a.m.in Department 7 of this court. Case management conference is likewise continued to May 31, 2022 at 8:30 a.m. in Depa...
2022.04.25 Motions to Deem RFAs Admitted, for Sanctions 768
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2022.04.25
Excerpt: ...e of $3,104 in cash found in a black zippered back on the driver seat of a vehicle of a known drug dealer Alishia 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...
2022.04.21 Motion to Set Aside Entry of Default 470
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.04.21
Excerpt: ...o quit for breach of covenants for material breach of the rental agreement based on violations of an occupation limit and no pets term. On March 8, 2022, Plaintiff filed this complaint. On March 22, 2022, the Court ordered Plaintiff to be permitted to serve Defendant Julie Musgrave by posting and mailing. However, on March 23, 2022, a proof of service filed indicates Defendant was served personally with the summons and complaint. On April 1, 2022...
2022.04.21 Motion for Leave to File FAC 823
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.04.21
Excerpt: ... subcontractors to develop and/or construct the homes. Per their subcontracts, the subcontractors were required to name Centex as an additional insured on their general liability policies of insurance. Centex brings this motion for leave to file an amended cross‐complaint to name an additional four subcontractor insurance carriers, add subcontractor insurance policies issued by existing parties, and the correction of minor errors such as incorr...
2022.04.21 Motion for Discovery 089
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.04.21
Excerpt: ...ies 1, 2, 3, 4 and 14 only of the enumerated list on page 14 of the motion. The Court will further permit document production prior to the depositions. Sinclair shall produce documents responsive to Nos. 53, 58, 59, 60 and 61. Platt shall produce documents responsive to Nos. 53, 56, 58, 59. However, all production shall be limited to the period of time from January 1, 2019 through July 31, 2020. Facts On May 23, 2021, Plaintiff/Cross ‐Defendant...
2022.04.21 Demurrer, Motion to Strike 595
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.04.21
Excerpt: ...sult, moot. This case arises from plaintiff/cross‐defendant Central Valley Resource Recovery, LLC's (CVRR) breach of contract action against the City of Tulare (City) concerning CVRR's March 2015 contract with the City for removal of biosolids from the City's wastewater treatment plant. The City has cross‐complained against CVRR and third‐parties Patrick McLafferty and Hydros Agritech Inc. (Hydros) alleging various claims sounding in fraud ...
2022.04.21 Demurrer to FAC 311
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.04.21
Excerpt: ...duty and tenth cause of action for breach of duty of loyalty; to overrule the demurrer as to the twenty‐first cause of action for unfair competition against Love Plaints; to overrule the demurrer as to the fourteenth through twenty fifth‐ causes of action based on inconsistent fact pleading. Case Management Conference is continued to June 23, 2022; 8:30 am; D1. To sustain the demurrer with leave to amend as to the third cause of action for vi...
2022.04.20 Demurrer 735
Location: Tulare
Judge: Ide, Nathan
Hearing Date: 2022.04.20
Excerpt: ...d Defendant with a “Three Day Notice to Pay Rent or Quit” (the “Notice”) for rent due October 1, 2021 through March 31, 2022. The Notice demands a total of 5,200.00 in past due rent. The Notice states: “$1,300 for Jan, Feb, March 2022 [¶] Possibly fo [sic] April 2022 1,300 [¶] so total of $5,200.” (Complaint – Exhibit 2.) On April 4, 2022, Plaintiff filed the complaint. On April 7, 2022, Defendant Genaro Tablas was served with the...
2022.04.14 Motion to Set Aside Dismissal and Enter Judgment 257
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.04.14
Excerpt: ...ipulation, Defendant hereby waives any and all requirements for a Motion for Entry of Judgment on this Stipulation;” and “11. The parties agree that upon execution and return of the Stipulation along with the first payment due under the monthly payment plan, Plaintiff shall file a conditional notice of settlement or dismissal of the action. If a dismissal of the action is to be filed, the parties agree that the Court shall retain jurisdiction...
2022.04.14 Motion for Preliminary Approval of Class Action and PAGA Settlement 808
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.04.14
Excerpt: ...n file with the Court. The hearing on this matter is continued to June 23, 2022; 8:30 am; D1. Case management conference is likewise continued to June 23, 2022; 8:30 am; D1. 1. Sufficiency of Amount of Settlement (Net Estimated: $1,170,833.33) The gross settlement amount is $1,850,000.00 Plaintiffs estimate approximately 612 proposed Class Members with an average payment of approximately $1,800.00. The Class Members consist of: “current and for...
2022.04.14 Motion for Final Approval of Class Action and PAGA Settlement, Attorney Fees 915
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2022.04.14
Excerpt: ...ff calendar. Plaintiff's motion for final approval of class action and PAGA settlement, attorneys' fees, costs, enhancement award, LWDA payment and class certification for settlement purposes came on for hearing on April 14, 2022. On September 17, 2022, the settlement administrator, Simpluris, Inc., received a mailing list of 1,758 potential class members from Defendant's counsel with names, contact information, social security numbers and releva...

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