Array ( )
1872 Results
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2023.06.01 Demurrer, Motion to Strike 559
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.06.01
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.06.01
Excerpt: ...n to strike as to the punitive damages claim moot; to deny the motion to strike as to the references to "felon;" (3) To deny the motion to permit judicial notice/adjudicate a motion to strike beyond the limitations in Code of Civil Procedure section 92. Facts Common to (1), (2) and (3) On February 1, 2023, Plaintiff Beams filed this limited civil action for conversion against Defendant Howard involving the refusal to return a vehicle valued at $7...
2023.06.01 Demurrer to FAC 070
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.06.01
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.06.01
Excerpt: ... should be estopped from asserting a defense applicable to public entities as to three of six causes of action on the basis that "Even though defendant KAWEAH is a public entity, plaintiff was not aware of this fact when he was employed by defendant KAWEAH. Here, defendant KAWEAH did not inform plaintiff that it was a public entity and should be estopped from alleging that it is a public entity." (First Amended Complaint ("FAC") at 3:4-26.) Plain...
2023.05.30 Petition to Confirm Arbitration Award 643
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.05.30
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.05.30
Excerpt: ...4.72 against Respondents Auto MD of Visalia Inc. and Darrin Woodbridge arising out of a written agreement entered into by the parties on or about March 24, 2022. (Petition 1, 3b, 4; Attachment 8(c).) Specifically, the dispute subject to arbitration involved Respondent's Breach of the Future Receipt Sale Agreement wherein the parties agreed that Petitioner would purchase $37,000 worth of future receivables for $25,000 from Respondents, but that Re...
2023.05.30 Motion to Enforce Settlement 047
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.05.30
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.05.30
Excerpt: ...ts Advanced Mechanical Engineering Corp. ("AME") and Frank Hinojos Ill (collectively "Defendants") breached the Temporary Staffing Services Agreement ("TSSA") with Plaintiff Definitive Staffing Solutions, lnc ("Plaintiff" or "DSS") dated January 30, 2018, wherein DSS agreed via the TSSA to provide AME with temporary employees to assist with its industrial constructon business and pay employees provided, and AME agreed to pay DSS the amounts invoi...
2023.05.30 Motion to Consolidate 376
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.05.30
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.05.30
Excerpt: ...rtment 7. Plaintiffs Jeremy Andrew Hernandez, Nayeli Lopez Quezada, Xionna Hernandez And Kianna Hernandez, 80th Minors, by and through Nayeli Lopez Quezada ("Hernandez Plaintiffs") in VCU294376 move this Court to consolidate their case with VCLJ294488 on the basis that these cases involve the same multi-vehicle accident. The Hernandez Plaintiffs Matter - VCU294376 In the Hernandez Plaintiffs Matter, VCU294376, the Hernandez Plaintiffs have sued D...
2023.05.25 Motions for Summary Judgment, to Compel Depositions 416
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.05.25
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.05.25
Excerpt: ...le (VCT), Visalia Tile (VT) and American Ceramic Tile & Supply (ACT) alleging various wage and hour claims. Plaintiffs further allege defendants' business practices violated Business and Professions Code section 17200. Plaintiffs seek relief against all defendants on all their claims. Plaintiffs allege all defendants were each a "joint employer" of plaintiffs and, together, constitute a "joint enterprise," and are, therefore, jointly and severall...
2023.05.24 Motion to Vacate Entry of Default 783
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2023.05.24
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2023.05.24
Excerpt: ...ance with the remaining provisions of section 473(b) as to the of a proposed answer. This unlawful detainer matter, filed April 27, 2023, involves property located at 720 East Worth Ave Space 14, Porterville, California 93257 ("Subject Property." ) (Complaint 94.) Defendant and moving party Pascal Garcia was served via personal service on May 1, 2023. On May 9, 2023, this Court entered default as to Defendant Pascal Garcia. On May 23, 2023, Defen...
2023.05.23 Petition to File Late Claim 286
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.05.23
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.05.23
Excerpt: ...t the May 9, 2023 hearing, permitted a supplemental declaration by Plaintiff to be filed in support of this petition. The Court has reviewed the declaration and notes its contents below. Plaintiff seeks relief from the claim presentation requirement via this Petition as to her complaint for wrongful death based on medical malpractice and survival achon based on negligence. The Petition states that Decedent Kathryn Gress died on August 27, 2021. (...
2023.05.23 Motion to Vacate Judgment After Trial and Stay Execution of Judgment 034
Location: Tulare
Judge: Roper, Glade
Hearing Date: 2023.05.23
Location: Tulare
Judge: Roper, Glade
Hearing Date: 2023.05.23
Excerpt: ...arris Road Springville, California 93265 ("Subject Property"), the Court held trial on May 16, 2023, granted judgment for possession for Plaintiff after trial, cancelled the rental agreement, issued the writ immediately, and awarded $3,896 to Plaintiff. The writ of possession was issued May 17, 2023. Defendant Scott now brings this ex parte motion to vacate the Court's judgment and stay execution of judgment. In support, Defendant states she did ...
2023.05.23 Motion to Compel Arbitration 083
Location: Tulare
Judge: Roper, Glade
Hearing Date: 2023.05.23
Location: Tulare
Judge: Roper, Glade
Hearing Date: 2023.05.23
Excerpt: ...dence OPCO LLC and Providence Group of California LLC. Specifically, the complaint alleges "Defendant failed to: (1) protect MR. TROY from health and safety hazards (3) [sic] provide necessary care and protection in light of his vulnerable condition and his inability to care for his own needs; (4) provide medical care for physical and mental health needs; (6) create and update an adequate plan of care to protect MR. TROY given the COVID-19 outbre...
2023.05.23 Motion for Reconsideration 616
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.05.23
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.05.23
Excerpt: ... FCA US LLC (2020) 53 Cal.App.5th 486. 80th cases are appellate decisions. Authority and Analysis "When an application for an order has been made to a judge, or to a court, and refused in whole or in part, or granted, or granted conditionally, or on terms, any party affected by the order may, within 10 days after service upon the party of written notice of entry of the order and based upon new or different facts, circumstances, or law, make appli...
2023.05.22 Demurrer, Motion to Strike 888
Location: Tulare
Judge: Bianco, John P
Hearing Date: 2023.05.22
Location: Tulare
Judge: Bianco, John P
Hearing Date: 2023.05.22
Excerpt: ...Subject Vehicle was manufactured and delivered to Plaintiff with a defective transmission. (First Amended Complaint ("FAC") "4, 11.) This action was filed August 11, 2022. Relevant here to Defendant's demurrer and motion to strike as to the fourth cause of action for fraudulent concealment, Plaintiff alleges that GM is "responsible for the distribution, service, repair, installation, and decisions regarding GM's Hydra-Matc 8L90 transmission or Hy...
2023.05.22 Motion for Prejudgment Possession 553
Location: Tulare
Judge: Bianco, John P
Hearing Date: 2023.05.22
Location: Tulare
Judge: Bianco, John P
Hearing Date: 2023.05.22
Excerpt: ...fornia Edison (SCE) "for state highway purposes." Caltrans seeks to acquire a portion of a parcel and an adjacent temporary easement on the same parcel for construction purposes. Caltrans moves for prejudgment possession under Code of Civil Procedure section 1255.410. SCE objects to the motion, contending the proposed taking will adversely impact the capacity of a drainage basin maintained for the benefit of the city of Tulare (for stormwater dra...
2023.05.18 Motion to Set Aside Default 440
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.05.18
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.05.18
Excerpt: ...nued to June 13, 2023; 8:30 am; Dl. Plaintiff filed this action for disability discrimination and other FEHA and Labor Code violations, including wage and hour violations on December 5, 2022 against Defendant Henry A Garcia Dairy. The proof of service filed December 16, 2022 indicates that substitute service was made on December 13, 2022 by delivery to Teresa Garcia and mailed to 12521 Avenue 200 Tulare, CA 93274-9035, Defendant's address. On Mar...
2023.05.18 Motion for Terminating Sanctions and Monetary Sanctions 084
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.05.18
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.05.18
Excerpt: ...re payable within 30 days of notice of this ruling; Defendants to give notice. This is a dental malpractice case. Defendant Fareid Dental Corporation dba Packwood Creek Dental and Defendant Bevan Fareid, D.D.S. ("Moving Defendants) have yet to receive discovery responses from Plaintiffs, despite obtaining this Court's order compelling such responses thereto and for monetary sanctions. Moving Defendants now seek terminating sanctions in addition t...
2023.05.18 Motion for Relief from Default Judgment 492
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.05.18
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.05.18
Excerpt: ...her name and described as 30-40 years old, female, black hair, five foot three inches, 140 pounds and Hispanic. A registered process server made service in this manner according to the proof of service. The summons, complaint and other initiating case documents were then mailed to Defendant at the same address. Default was entered in the amount of $3,586.67 on July 11, 2007. The Judgment was renewed on July 12, 2016. In 2018, the Judgment was ass...
2023.05.17 Motion to Stay Execution of Writ of Possession 091
Location: Tulare
Judge: Roper, Glade
Hearing Date: 2023.05.17
Location: Tulare
Judge: Roper, Glade
Hearing Date: 2023.05.17
Excerpt: ...rty located at 707 N. Newcomb St. #64 Porterville CA 93257 ("Subject Property"). This isa three day notice to pay rent or quit matter. Per diem rent is noted in the complaint at $19 per day. Defendant Buenrostro was served via personal service of the complaint on April 7, 2023. On May 4, 2023, judgment was entered for possession and for damages in the amount of $7,434 inclusive of past due rent, holdover damages and costs. On May 5, 2023, the wri...
2023.05.17 Motion for Relief from Default or Stay of Execution of Writ 617
Location: Tulare
Judge: Roper, Glade
Hearing Date: 2023.05.17
Location: Tulare
Judge: Roper, Glade
Hearing Date: 2023.05.17
Excerpt: ...involves a residence located at 565 S. Walnut #A Porterville, CA 93257 ("Subject Property"). This is a three day notice to pay rent or quit matter. The notice was served April 9, 2023 and this action as filed April 20, 2023. The proof of service filed May 5, 2023 indicates that Defendant Brady was served with the summons, complaint and other required documents via personal service by a California Sheriff on May 1, 2023. On May 9, 2023, default wa...
2023.05.16 Motion to Seal, Proceed with Fictitious Name 521
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.05.16
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.05.16
Excerpt: ...ulting from alleged sexual abuse suffered by Plaintiff from 1994 to 2000 while Plaintiff was a minor. Plaintiff was born in 1990 and is not over 40 years old when this action was commenced. On April 14, 2023, Plaintiff filed this motion to "seal Plaintiff Jane Roe's Application to Proceed in Fictious Name." Plaintiff has filed a redacted declaration of counsel "in support of motion re: application to proceed in fictious name and seal certificates...
2023.05.16 Motion for Preliminary Injunction 300
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.05.16
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.05.16
Excerpt: ... been established as to either Subject Vehicle and is inclined to grant the injunction. Background Facts This matter involves the possession of two vehicles, a 1963 Chevrolet Impala and a 1988 Cadillac Fleetwood (collectively "Subject Vehicles"), by Defendants Robert Escalera, individually and doing business as Kustom Kreations. Plaintiff's complaint alleges he is the legal owner of the two Subject Vehicles and provided them to these Defendants f...
2023.05.16 Motion for Preliminary Approval of Class Action and PAGA Settlement, for Attorney Fees 521
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.05.16
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.05.16
Excerpt: ...Class Members, providing a proposed estimated average payout of $4,233.28 per member. The Class Members consist of: All non-exempt employees who worked for Defendant in California from May 23, 2017 to March 20, 2023. Via the first amended complaint, Plaintiff brings claims for (1) failure to pay minimum wages; (2) failure to pay overtime wages; (3) failure to provide meal periods; (4) failure to permit rest breaks; (5) failure to reimburse busine...
2023.05.16 Demurrer 093
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.05.16
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.05.16
Excerpt: ...17 per month that was eventually set at $725 a month as of December 1, 2020. (Complaint at 96.) On March 22, 2023, Plaintiff caused a three-day notice to pay rent or quit ("Notice") to be served by posting and mailing, as well as via substitute service. The Notice indicates past due rent of $725 per month for the months of April 2022 through March 2023, with rent being due on the first of each month. (Complaint "1 6, 9.) The Notice provides the 2...
2023.05.15 Motion to Stay or Dismiss Pending State PAGA Case 960
Location: Tulare
Judge: Bianco, John P
Hearing Date: 2023.05.15
Location: Tulare
Judge: Bianco, John P
Hearing Date: 2023.05.15
Excerpt: ... "First Martinez Acton"). In the First Martinez Action, Plaintiff alleges that Saputo violated the California Labor Code based on alleged failure to pay minimum, straight time, and overtime wages, failure to provide meal and rest periods, failure to pay all earned wages twice per month, failure to maintain accurate records, failure to timely pay final wages at termination, failure to furnish accurate itemized wage statements, and failure to indem...
2023.05.15 Motion for Preliminary Approval of Settlement 494
Location: Tulare
Judge: Bianco, John P
Hearing Date: 2023.05.15
Location: Tulare
Judge: Bianco, John P
Hearing Date: 2023.05.15
Excerpt: ...as to the status of the deposit. The Court does not intend to set a final approval hearing of this settlement until the funds are fully deposited. 1. Sufficiency of Amount of Settlement (Proposed Net Estimated: $211,000) The gross settlement amount is $350,000. Plaintiff estimates approximately 37 proposed Class Members, providing a proposed estimated average payout of $5,700 per member. The Class Members consist of: "All non-exempt dairy workers...
2023.05.15 Demurrer, Motion to Strike Punitive Damages in FAC 028
Location: Tulare
Judge: Bianco, John P
Hearing Date: 2023.05.15
Location: Tulare
Judge: Bianco, John P
Hearing Date: 2023.05.15
Excerpt: ...isting four causes of action under the Song-Beverly Act and a fifth for fraudulent inducement— concealment. Plaintiffs filed a first amended complaint January 9, 2023. This matter inwlves Plaintiffs' purchase of a 2014 Chevrolet Cruze ("Subject Vehicle") from an authorized dealer and entry into a warranty contract with Defendant GM on November 16, 2013. (First Amended complaint ("FAC") 6, 8.) Plaintiffs alleged that "Prior to purchasing Subject...
2023.05.12 Motion to Vacate Default, Stay Execution of Judgment 218
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.05.12
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.05.12
Excerpt: ...ee-day notice to pay rent or quit. The per diem rent amount alleged in the complaint is $30. Defendant Pepper was served by posting and mailing via order of this Court on April 11, 2023. Default judgment was entered May 1, 2023 for possession only and the writ of possession was issued. On May 10, 2023, Defendant filed this ex parte motion for relief from default and/or to stay execution of the writ. Defendant provides no basis under Code of Civil...
2023.05.09 Petition for Relief from Government Tort Claims Act 286
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.05.09
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.05.09
Excerpt: ...Plaintiff seeks relief from the claim presentation requirement via this Petition as to her complaint for wrongful death based on medical malpractice and survival achon based on negligence. The Petition states that Decedent Kathryn Gress died on August 27, 2021. (Petition 93.) The Decedent was treated at Kaweah's facilities from October 16, 2020 through May 19, 2021. (Petition 92.) The Petiton further states that, after Decedent's death, Petitione...
2023.05.09 Motions to Compel Arbitration 036
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.05.09
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.05.09
Excerpt: ...bitration provision as follows: "Agreement to Arbitrate: By signing below, you agree that, pursuant to the Arbitration Provision on the reverse side of this contract, pu orwe may elect to resolve any dispute by neutral, binding arbitration and not by a court action. See the Arbitration Provision for additional information concerning the agreement arbitrate." "ARBITRATION PROVISION 1. EITHER YOU OR WE MAY CHOOSE TO HAVE ANY DISPUTE BETWEEN US DECI...
2023.05.09 Motion to Compel Arbitration 833
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.05.09
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.05.09
Excerpt: ...nts Best Buy Warehousing Logistics, LLC, Best Buy Stores, L.P., and Jesus Vargas. Defendants have not yet filed an answer. Defendants, collectively, now move this Court to compel arbitration and to dismiss or stay this civil action pursuant to an Arbitration Policy. Request for Judicial Notice Defendants attach a number of trial court level decisions in their favor on arbitration motions from California and Federal Courts. These unpublished decis...
2023.05.09 Motion for Summary Judgment, Adjudication 474
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.05.09
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.05.09
Excerpt: ...reble damages under Code of Civil Procedure section 340.1. Plaintiff alleges she was sexually abused by her high school teacher Bob Doyle while she was a student at Dinuba High School. Plaintiff alleges Doyle's abuse of her began when she was approximately 14 years old and occurred during a period approximately between 1999 and 2002. Plaintiff alleges she was abused by Doyle "in and on the campus of Dinuba High School, during lunch, before and af...
2023.05.09 Motion for Final Approval of Class Action, Attorney Fees 872
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.05.09
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.05.09
Excerpt: ...nt, attorneys' fees, costs, enhancement award, LWDA payment and class certification for settlement purposes came on for hearing on May 9, 2023. The Court finds and rules as follows: On April 6, 2023, the settlement administrator IYLM Group, Inc., through its Case Manager, filed a declaration detailing the following events. On November 11, 2022, the administrator received a mailing list of 8,551 potential class members from Defendant's counsel wit...
2023.05.09 Demurrer 877
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.05.09
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.05.09
Excerpt: ...q, and for wrongful termination in violation of public policy resulting from her former employment with Kaweah as a registered nurse. On September 23, 2021, Plaintiff filed a claim (the "Claim") for personal injuries to the Board of Directors for Defendant (the "Board"), pursuant to Government Code 5910. (Complaint 7:10-15.) Plaintiff thereafter alleges Kaweah failed to act on the claim and Plaintiff had two years to file this complaint. (Complai...
2023.05.09 Demurrer 470
Location: Tulare
Judge: Roper, Glade
Hearing Date: 2023.05.09
Location: Tulare
Judge: Roper, Glade
Hearing Date: 2023.05.09
Excerpt: ...s were agreed upon by the parties: Plaintiff to pay approximately $44,000 to bring Wells Fargo loan current; Plaintiff to pay approximately $30,000 to Defendants at close of escrow; Defendants will have 30 days to vacate property; Defendants subject to daily penalty of $70 if not vacated; Defendants will leave loan in place and deed title of property to Plaintiff, Plaintiff agrees to take title subject to "Wells Fargo Deed of Trust;" Plaintiff to...
2023.05.09 Demurrer 290
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.05.09
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.05.09
Excerpt: ...swer no later than ten (10) days after this hearing. This isa wrongful death premises liability action filed by Plaintiffs, on behalf of the estate of Decedent and individually. Decedent died after striking a metal cable connected to posts is a dimly lit area while riding an all-terrain vehicle. (Complaint at Page 4.) Plaintiffs allege the incident occurred at or near 42000 Block of Road 64, Reedley, CA and have sued a number of Defendants who ap...
2023.05.08 Petition to Foreclose on Mechanic's Lien 632
Location: Tulare
Judge: Bianco, John P
Hearing Date: 2023.05.08
Location: Tulare
Judge: Bianco, John P
Hearing Date: 2023.05.08
Excerpt: ...dance with Civil Code Secton 8048, on behalf of and at the request of Respondents Rodney Hughes and Patsy Hughes, 782 N. Brundage Ave, Farmersville, CA ("Subject Property") pursuant to a written agreement. (Petition "3, 12) Petitioner indicates that it filed and duly recorded the Mechanic's Lien on December 14, 2022 and this recordation occurred within 90 days following completion or cessation of work in accordance with Civil Code section 8460. (...
2023.05.08 Motion to Strike 715
Location: Tulare
Judge: Bianco, John P
Hearing Date: 2023.05.08
Location: Tulare
Judge: Bianco, John P
Hearing Date: 2023.05.08
Excerpt: ...ke without leave to amend as to references to treble damages under Code of Civil Procedure secton 340.1 (b) and references to Department of Social Services Child Welfare Services Manual sections 31-320. Plaintiff's amended complaint alleges that Defendant County of Tulare placed Plaintiff in foster care where she was sexually abused by her teenage foster brother and the foster brother's girlfriend. (First Amended Complaint ("FAC") "1 10, 23, 24, ...
2023.05.04 Motion for Leave to File Complaint 610
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.05.04
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.05.04
Excerpt: ...ts to rental property located at 1089 Pioneer Ave, Porterville, CA (the "Subject Property") owned by Plaintiff's insured, Norma Avery. Plaintiff paid its insured approximately $77,000 to Ms. Avery and now seeks recovery from Defendants. On November 18, 2022, Defendants answered this complaint but did not file a cross-complaint. Defendants were represented in pro per at the time of the answer. On March 3, 2023, Defendants hired present counsel. De...
2023.05.04 Motion for Preliminary Approval of Class Action and PAGA Settlement 498
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.05.04
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.05.04
Excerpt: ...23, Department 1, 8:30 am. 1. Sufficiency of Amount of Settlement (Proposed Net Estimated: $286,250) The gross settlement amount is $495,000. Plaintiff estimates approximately 148 proposed Class Members, providing an estimated average payout of $1,934.12 per member. The Class Members consist of: All individuals who are or were employed by Defendants as non-exempt employees in California during the period April 27, 2018, through March 31, 2023 Pla...
2023.05.04 Motion to Set Aside Dismissal and Enforce Settlement 869
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.05.04
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.05.04
Excerpt: ...hout prejudice but retains jurisdiction to enforce the settlement expressly under 664.6. The settlement reflects the same retention of jurisdiction and is signed by Plaintiff and Defendant. The settlement provides a principal amount of $21,810.02 due to Plaintiff. The parties agreed that Defendant's insurance carrier National General Insurance, was to pay Plaintiff $7,645.95, and Defendant was to pay Plaintiff a total of $14,164.07 by a $150.00 d...
2023.05.04 Motion to Stay 996
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.05.04
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.05.04
Excerpt: ...." ) As part of the purchase, Plaintiffs signed the Warranty Registration that confirmed they had the opportunity to review the Forest River, Inc. Limited Warranty as part of the purchase of the RV. (Hudler Decl. —Ex. B; Evans Decl.) Plaintiff's complaint confirms receipt of the express written warranty ("Limited Warranty") from Defendant Forest River. (Complaint at 2:19.) The Limited Warranty states, in the section entitled "Legal Remedies", p...
2023.05.02 Petition to Confirm Arbitration Award 643
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.05.02
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.05.02
Excerpt: ...inst Respondents Auto MD of Visalia Inc. and Darrin Woodbridge arising out of a written agreement entered into by the parties on or about March 24, 2022. (Petition 1, 3b, 4; Attachment 8(c).) Specifically, the dispute subject to arbitration involved Respondent's Breach of the Future Receipt Sale Agreement wherein the parties agreed that Petitioner would purchase $37,000 worth of future receivables for $25,000 from Respondents, but that Respondent...
2023.05.02 Motion to Enforce Stipulation 905
Location: Tulare
Judge: Roper, Glade
Hearing Date: 2023.05.02
Location: Tulare
Judge: Roper, Glade
Hearing Date: 2023.05.02
Excerpt: ...cate the unit by April 7, 2022, plaintiff will vacate the judgment and file a dismissal with prejudice by April 19, 2022, or defendant may file an ex parte declaration to vacate judgment and dismiss this action with prejudice." The stipulation is signed by both parties and further contains a term indicating the Court shall retain jurisdiction to enforce the stipulation. The Court entered its order as to these terms on March 8, 2022. Defendant has...
2023.05.02 Motion to Confirm Sale of Real Property 266
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.05.02
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.05.02
Excerpt: ...d, a new offer was received and accepted and Plaintiff seeks an order confirming the sale under this new offer. On November 3, 2022, Plaintiff retained her current realtor, Hollis Fernandez, License No. 01794664, and listed the Subject Property for sale to the general public. Plaintiff's current realtor, after receiving no offers for a few months, recommended incremental decreases of the list price. This also considered the issues of inspection a...
2023.05.02 Demurrer 789
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.05.02
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.05.02
Excerpt: ...ge Christiansen Aia doing business as Christiansen Group. On January 31, 2023, George Christiansen Aia doing business as Christiansen Group filed a cross-complaint against Kaweah, and other cross-defendants, for breach of contract and quantum meruit, amongst other causes of action not subject to demurrer. The cross-complaint seeks money damages against Kaweah. The cross-complaint arises out of the same contract for which Kaweah has sued Aia. Kawe...
2023.05.02 Demurrer 047
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.05.02
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.05.02
Excerpt: ...ormance and breach of written agreement. Plaintiff alleges on August 30, 2022, Plaintiff, as buyer, and Defendants, as sellers, entered into a California Residential Purchase Agreement and Joint Escrow Instructions (the "Agreement"), pursuant to which Plaintiff agreed to purchase and Defendants agreed to sell for a total purchase price of $900,000.00 certain residential real property. However, on September 6, 2022, Plaintiff alleges Defendants, t...
2023.04.27 Motion for Summary Judgment 352
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.04.27
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.04.27
Excerpt: ...l Associates, Inc. or SROMA, and the later agreement that such services be #rformed by a different entity. SROMA was co-owned by Cross-Defendants Veena Ramsinghani, MD and Youssef Hanalla, MD, until approximately August 2020 when Dr. Ramsinghani retired and transferred her ownership interest to Dr. Hanalla. (LJMF Nos. 2, 45.) Moving Party Robert Havard, MD's initial relationship with SROMA and Drs. Ramsinghani and Hanalla included managing disput...
2023.04.27 Motion for Relief from Entry of Default 211
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.04.27
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.04.27
Excerpt: ...mendariz and Ruby Valencia Chavez arising outof a motor vehicle accident that occurred December 13, 2019. On September 19, 2022, Plaintiff filed a proof of service, completed by a registered process server, indicating service of the summons and complaint on Defendant Valencia was made on September 12, 2022, by personal service. On September 27, 2022, Plaintiff filed a proof of service, completed by a registered process server, indicating service ...
2023.04.27 Motion for Judgment on the Pleadings 842
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.04.27
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.04.27
Excerpt: ...ough 13 admitted as follows: 1. YOU (as used herein, "YOU" shall refer to the above-named responding party (Defendant) applied for a credit card charge account with Plaintiff. 2. YOU received a Customer Agreement when YOU received the credit card with account number xxxxxxxxxxxx4599 3. The Agreement provided that by using the credit card, YOU agree to be bound by the terms therein. 4. YOU received a credit card with account number XXXXXXXXXXXX459...
2023.04.27 Demurrer, Motion to Strike 571
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.04.27
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2023.04.27
Excerpt: ...s to the second cause of action on behalf of the Adult Plaintiff without leave to amend; to sustain the demurrer as to the third cause of action without leave to amend as to both Plaintiffs; to sustain the demurrer to the fourth cause of action and fifth cause of action without leave to amend as to Defendant Childcare, the business entity of unknown form and sustains the demurrer asto Defendant Ramirez with leave to amend. Minor Plaintiff shall h...
2023.04.26 Motion for Reconsideration 861
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2023.04.26
Location: Tulare
Judge: Johnson, Gary M
Hearing Date: 2023.04.26
Excerpt: ...parties, the court took under submission the complaint for breach of contract. The Court, thereafter, issued its Statement of Decision on December 15, 2022 entering judgment in favor of Plaintiff as to the sum of $200. Thereafter, on December 15, 2022, the Clerk of the Court served by mail the Statement of Decision on Plaintiff. On March 21, 2023, Plaintiff filed a "motion for reconsideration" arguing that the Court did not consider evidence, mad...