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2024.05.14 Motion to Strike Costs 015
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2024.05.14
Excerpt: ...o P r o v id e Re s t P e r io d s ; 5 . W a it in g Time Penalties ; 6. Wage Statement Violations; 7. Failure to Timely Pay Wages; 8. Fa ilu r e t o In d e m n if y ; 9 . Vio la t io n O f La b o r Co d e § 2 2 7 .3 1 0 . Un f a ir Co m p e t it io n . D u r in g lit ig a t io n o f t h is c a s e , P la in t if f w a s m a d e a w a r e o f a n a r b it r a t io n agreement. Plaintiff apparently voluntarily agreed to arbitration and, in connec...
2024.05.14 Motion to Compel Arbitration 126
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2024.05.14
Excerpt: ...action on behalf of himself and others similarly situated under the Labor Code, Business and Professions Code and under the PAGA statute . Plaintiff named Defendants A.C. Foods, Inc, Suntreat, Legacy Packing and Cold Storage, Insight Staffing Solutions, Inc. and Does 1 through 10 in the operative c o m p la in t . O n Fe b r u a r y 1 5 , 2 0 2 4 , P la in t if f d is m is s e d A.C. Fo o d s , In c . On January 26, 2024, Plaintiff amended the co...
2024.05.14 Motion for Relief from Mechanic's Liens 514
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2024.05.14
Excerpt: ... at 6802 Avenue 120, Tipton, CA and owned by Defendant Bosman Dairy, LLC. (“Bo s m a n ”) (F AC ¶ 7 .) Plaintiff further alleges Bosman and Revel Energy LLC (“Revel”) entered into an agreement for which Revel agreed to act as a general contractor. (FAC ¶ 8.) Plaintiff then alleges that “In January 2020, In January 2020, Plaintiff and Revel entered into a written subcontract in which Plaintiff agreed to supply solar technology and mate...
2024.05.14 Motion for Judgment on the Pleadings 642
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2024.05.14
Excerpt: ...med admitted as follows : (1) Rita M Pena had a credit account number 9051 issued by JPMorgan Chase Ba n k, N .A . (2) Rita M Pena received periodic statements regarding credit account number 9051 issued by JPMorgan Chase Bank, N.A. , (3) As of September 11, 2023, the balance owed by Rita M Pena on credit account number 9051 was $5,615.94, (4) No payments have been made on credit account number 9051 issued by JPMorgan Chase Bank, N.A. since Septe...
2024.05.14 Motion to Enforce Settlement 813
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2024.05.14
Excerpt: ... been entered . On April 12, 2024, Plaintiff filed this motion seeking to enforce a settlement purportedly made between the parties. In support, Plaintiff filed the declaration of one of the partners of Plaintiff who attaches a true and correct copy of settlement agreemen t executed by Eduardo Martin as President of Defendants MJ Brothers, Inc. and Triple M Custom Chopping and Manure Spreading, Inc and by More no as part ne r of Plaint iff. (De c...
2024.05.08 Demurrer 051
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2024.05.08
Excerpt: ...ce seeks rents of $440 for the month of December 2023 plus $990 per month for the months of January, February, and March 2024. The Not ice furt he r contains “Late Charges of $525. ” On April 29, 2024, Defendant demurred to the complaint arguing that the Notice does not support the unlawful detainer cause of action because it impermissibly includes late fees in violation of Code of Civil Procedure section 1161(2) . Authority and Analysi s A d...
2024.05.07 Motion for Summary Judgment 837
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2024.05.07
Excerpt: ...t r ic t H o s p it a l d b a Sierra View Medical Center and, and others . Plaintiff alleges negligent medical care occurred during his hospitalization in April 2017 (FAC ¶ ¶ 2,3.) Specifically, Plaintiff alleges that the Defendants negligently left a foreign object (gauze) in his chest during the course of the care provided to hi m a t s o m e p o in t b e t w e e n h is h o s p it a liza t io n in Ap r il o f 2 0 1 7 a t Sie r r a Vie w Distr...
2024.05.07 Motion for Reconsideration, for Attorney Fees 706
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2024.05.07
Excerpt: ...tive Ruling: (1) To deny the motion as untimely; (2) To grant the motion and award $7,692 in fees and $1,741.56 in costs; (3) To grant the motion and award $2,237.15 in fees and $378 in costs; (4) To Deny the Motion (1) Robert Hart's Motion for Reconsideration re: Motion to Compel Responses to Post Judgment Discovery Fa ct s On November 28, 2023, this Court granted Plaintiff Beth Hart's motion to compel initial responses to post judgment interrog...
2024.05.07 Demurrer, Motion to Strike 656
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2024.05.07
Excerpt: ... survival . Plaintiffs allege that Decedent was, on or about September 10, 2022, at the approximate hour of 9:10 p.m., crossing the street at East Springville Avenue and South Connor Street when Defendant Jason Malcom, operating a vehicle, struck Decedent as he was cr ossing the street after purchasing a bottle of vodka “which he would do every night from Defendants, MAHERALI, INC., BOB'S TINY M ARKET a k a BO B'S TIN Y M ART, ABRAH AM VASQ U E...
2024.04.30 Motion to Enforce Settlement 439
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2024.04.30
Excerpt: ...5, 2023, Plaintiff filed a notice of conditional settlement of this matter, and set an intended dismissal request date for May 1, 2024. This matter has not been dismissed . On April 2, 2024, Plaintiff filed a motion to enforce settlement pursuant to Code of Civil Procedure section 664.6 . On September 25, 2023, Plaintiff and Defendants (“the Parties”) entered into a valid and binding Confidential Settlement Agreement and Release of All Claims...
2024.04.30 Demurrer 864
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2024.04.30
Excerpt: ...Property was untenantable because of the failure of Defendants, and each of them, to repair conditions of the Property which have rendered it untenantable pursuant to Code of Civil Procedure Section 1941.1 and substandard pursuant to Health and Safety Code Section 17920.3 and 17980. (Co m p la in t ¶ 7 .) P la in t if f a lle g e s f a ilu r e t o p r o v id e a h a b it a b le d w e llin g , b r e a c h o f covenant of quiet enjoyment, private ...
2024.04.30 Demurrer 510
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2024.04.30
Excerpt: ...e subject Cheverolet [sic] Vehicle #1 northbound on SR= -63 (Road 128) at approximately 40 mph when all of a sudden a horse entered the middle of the roadway toward the subject vehicle, which caused Mr. Ruela s to collide into the horse. At the scene, Martin Rojas (Defendant) was contacted by officer G. Robledo (ID NO. 019543) and stated to officer Robledo that he (Mr. Rojas) had horses in the corral where the subject horse came from. It is alleg...
2024.04.23 Demurrer 290
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2024.04.23
Excerpt: ...�Es t a t e o f J u lio M o r e n o Va lle (D e c e a s e d )” (2 ) “F id e lin a Va lle Re y e s , in d iv id u a lly …” and (3) “Fidelina Valle Reyes…as representative of the Estate of Julio Moreno Valley.” The complaint alleges the Decedent died after striking a metal cable connected to p o s t s is a d im ly lit a r e a w h ile r id in g a n a ll -terrain vehicle. (Complaint at Page 4.) Plaintiffs allege the incident occurred at...
2024.04.23 Motion for Preliminary Approval of Class Action and PAGA Settlement 376
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2024.04.23
Excerpt: ... various issues with the notice period, calculation of the lodestar, presently incurred costs, notice to the LWDA of the settlement. On March 29, 2024, Plaintiffs filed supplemental d e c la r a t io n in support of preliminary approval, which the Court will examine b e lo w . Cla s s N o t ic e Objections or opt out notices are now to be made within 60 days. The Court re gularly approve s not ice pe riods of 60 days or longe r. The class notice ...
2024.04.23 Motion for Final Approval of Class Action and PAGA Settlement 400
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2024.04.23
Excerpt: ...l 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 23, 2024. The Court finds a n d r u le s a s f o llo w s : On Mach 29, 2024, the settlement administrator IYLM, through its Case Manager, filed a declaration detailing the following events. On December 29, 2023, the administrator received a mailing list of 157 potential class m...
2024.04.23 Motion for Leave to Amend 521
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2024.04.23
Excerpt: ...is matter is set April 29, 2024. On April 12, 2024, Plaintiff filed a motion to file a first amended complaint. The h e a r in g d a t e f o r t h is m o t io n is s e t J u n e 4 , 2 0 2 4 . On April 15, 2024, Plaintiff filed this ex parte motion to shorten time to hear the motion for leave to amend prior to the trial date. The Court then set this motion for the present hearing date. The issue apparently stems from a disagreement as to jury inst...
2024.04.09 Motion for Summary Judgment, Adjudication 789
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2024.04.09
Excerpt: ...lo o r in f ill p r o je c t . Kaweah alleges claims for breach of contract and professional negligence. The basis of the claims is that Christiansen omitted certain required fire safety implements in project design plans. Ch r is t ia n s e n c r o s s -complains against Kaweah, contending the California Building Code, as constituted when he submitted his designs, did not require the fire safety implements Kaweah alleges were omitted. Christians...
2024.04.09 Motion for Summary Judgment, Adjudication 620
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2024.04.09
Excerpt: ... g a cause of action for medical malpractice on behalf of Michael Rice and a claim for loss of consortium on behalf of Martha Rice against defendants, including moving p a r t y Tu -H i H o n g, M .D . (UMF N o . 1 , 1 4 ) Plaintiffs generally allege that Dr. Hong was negligent and failed to provide informed consent in connection with a shockwave lithotripsy procedure performed by Dr. Hong at Kaweah Delta Medical Center on February 18, 2022. (UMF...
2024.04.09 Motion for Approval of PAGA Settlement 011
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2024.04.09
Excerpt: ...and correct copy of the settlement agreement. The Court continued the matter to this date. On March 26, 2024, an amended motion filed that attaches the settlement agreement. The Court , t he re fore , rule s as follows: 1. Sufficiency of Amount of Settlement (Proposed Net Distribution to Employees: $15,330.75) The gross settlement amount is $147,860. Plaintiff estimates approximately 245 aggrieved employees, consisting of “all current and forme...
2024.04.09 Demurrer, Motion to Strike 026
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2024.04.09
Excerpt: ...t amended complaint alleges that Golden State “was and is legally responsible in some manner for the events, happenings, and/ or tortious and unlawful conduct that caused the injuries and damages alleged in this Complaint” and “provide d child we lfare , child prote ct ive and childcare se rvice s t o Plaint iff by contracting with COUNTY and/ or otherwise undertaking such foster care services to children who needed them, inc lu d in g P la...
2024.04.02 Motion to Confirm Judgment, for Attorney Fees 718
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2024.04.02
Excerpt: ...LSE 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 held 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 April 15, 2019. The...
2024.04.02 Motion for Temporary Protective Order 049
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2024.04.02
Excerpt: ...lder abuse, neglect of elder, Penal Code section 496, conversion, intentional infliction of emotional distress, breach of fiduciary duty, negligence, fraudulent transfer and claim and delivery . On March 19, 2024, Plaintiffs filed for a temporary protective order on an ex parte basis as well as a right to attach order and order for issuance of writ of attachment on a noticed hearing. The Court set the ex parte temporary protective order for this ...
2024.04.02 Motion for Summary Judgment, Adjudication 108
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2024.04.02
Excerpt: ... 31 -401 et seq.; and as to any duty arising under the CANRA, and, as to all other issues of duty raised by the plaintiff's complaint, is denied. The Court has not considered the additional evidence submitted by County's in its reply. San Diego Watercraft v. Wells Fargo Bank (2002) 102 Cal. App 4 th 310 In this action plaintiff alleges negligence, on the part of the County of Tulare (County) in one cause of action, and on the part of Koinonia Fos...
2024.04.02 Demurrer 995
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2024.04.02
Excerpt: ... as to wrongful eviction as to Defendant Rogers . Fact s Plaintiff filed this matter September 25, 2023. Plaintiff's causes of action are stated as intentional tort and wrongful eviction, which appears to further allege conversion of Plaintiff's personal property . Plaintiff alleges the following : “ON OR ABOUT 09/24/2021, DEFENDANTS AND EACH OF THEM, WRONGFULLY EVICITED PLAINTIFF FROM HER PROPERTY LOCATED AT 33111 ROAD 160, IVANHOE, CALOFRNIA ...
2024.03.26 Petition to Release Real Property from Mechanic's Lien 514
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2024.03.26
Excerpt: ...echanic's lien claimant, on July 12, 2023 in Case No. VCU304838, In the Matter o f B o s m a n D a i r y , LLC . This petition was filed expressly under Civil Code section 8480 and was initially set for February 14, 2024. Respondent, prior to the filing of the petition at issue here, filed a complaint for foreclosure of the July 12, 2023 mechanic's lien, amongst other causes of action, in Case No. VCU302514 - R P C o n s t r u c t i o n S e r v i...

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