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2024.02.06 Motion for Attorney Fees 384
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2024.02.06
Excerpt: ...epair facility on nine (9) different occasions. Plaintiff filed this lawsuit in December 2022, alleging violations of the Song-Beverly Act. The matter resolved for $90,447.18 via an accepted section 998 offer, plus recovery of attorneys' fees and costs pursuant to this noticed motion. Plaintiff argues that it engaged in atypical litigation activities including a motion to compel deposition of person most qualified, a motion to deem admissions adm...
2024.01.30 Motion for Attorney Fees 218
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2024.01.30
Excerpt: ...intiffs presented the Subject Vehicle to GM's authorized repair facility on four (4) different occasions. Plaintiff filed this lawsuit in August 2020, alleging violations of the Song-Beverly Act, breach of express and implied warranties and fraud by omission. The matter resolved for $17,500 (the approximate amount equivalent to a repurchase under the Act) plus recovery of attorneys' fees and costs pursuant to this noticed motion. Plaintiff notes ...
2024.01.30 Motion to Set Aside Default Judgment 641
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2024.01.30
Excerpt: ...e County resulting in the deaths of plaintiff's wife, Elizabeth Montes Lopez Paola, and two young children, Jorge Arafat Alvarado Montes and Dorian Santino Alvarado Montes. In the initial complaint filed July 2, 2021, plaintiff sued Roberto Barron Vejar, the alleged driver of the vehicle involved in the accident; Adelmira Sanchez, who allegedly owned and entrusted the vehicle to Vejar; and fictitiously named “Doe” defendants “1 to 50.” On...
2024.01.23 Motion for Attorney Fees 218
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2024.01.23
Excerpt: ...d the Subject Vehicle to GM's authorized repair facility on four (4) different occasions. Plaintiff filed this lawsuit in August 2020, alleging violations of the Song-Beverly Act, breach of express and implied warranties and fraud by omission. The matter resolved for $17,500 (the approximate amount equivalent to a repurchase under the Act) plus recovery of attorneys' fees and costs pursuant to this noticed motion. Plaintiff notes that it engaged ...
2024.01.09 Motion to Strike 219
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2024.01.09
Excerpt: ...serve the amended answer and file a proof of service thereof pursuant to Code of Civil Procedure. (2) To grant the moton with leave to amend; Cross-complainant Ernestine shall have ten (10) days to file an amended cross-complaint addressing the issues noted below; Ernestine is further ordered to serve the amended cross-complaint and file a proof of service thereof pursuant to Code of Civil Procedure. (3) To grant the motion with leave to amend; C...
2024.01.09 Motion to Quash 199
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2024.01.09
Excerpt: ...f Police of Visalia Police Department. The subpoena seeks documents produced on November 15, 2023 to Plaintiff as deposition offcer. The subpoena is directed to Defendant Fahoum personally. The subpoena seeks: "Any and All documents that refer to, relate to or reference the employment of Luma Fahoum with Visalia Police Department including but not limited to her personal file, payroll records, contract, agreements, emails, medical record, benefit...
2024.01.09 Motion to Compel Arbitration 899
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2024.01.09
Excerpt: ...ffirmative defense. Defendant seeks to compel arbitration based upon an arbitration agreement that appears to be part of Plaintiff's onboarding upon hiring. "On petition of a party to an arbitration agreement alleging the existence of a written agreement to arbitrate a controversy and that a party thereto refuses to arbitrate such controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines th...
2024.01.09 Demurrer 296
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2024.01.09
Excerpt: ...but a different date of birth. (Complaint — Attachment.) Plaintiff alleges he tested positive for COVID-19 on July 20, 2022 and was sick for approximately 14 days. (Complaint — Attachment.) Plaintiff names the Deputy District Attorney, Kalina Laleva, as the sole defendant in this matter, alleging that Defendant Laleva, was the prosecuting attorney who caused the transfer to occur. (Complaint — Attachment.) Plaintiff's form complaint checks ...
2024.01.02 Motion to Set Aside Default Judgment 404
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2024.01.02
Excerpt: ...fendant Karadjian indicating he was served with the summons, complaint and civil case cover sheet on June 1, 2022 at 1:51 pm at 480 N. Vermont Ave, Dinuba, CA and indicating a registered process served Defendant Karadjian. The Court also notes service by the same process server, at the same time and location, on Defendant Karadjian as the agent for service of process and corporate director of Defendant Gold Mountain Packing, Inc. filed on August ...
2024.01.02 Motion to Permit Filing of Concise Outlines in Lieu of Separate Statements 835
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2024.01.02
Excerpt: ...e appointment of a shared cost discovery referee. This is a wrongful death and negligence case involving a pedestrian being struck by a motor vehicle operated by Defendant Santana. On November 29, 2023, Defendant City of Dinuba filed an ex parte application seeking permission to file concise statements of disputed discovery as to four (4) anticipated motions to compel further discovery served on Plaintiffs. The Court set this motion for hearing. ...
2023.12.12 Motion for Summary Judgment 542
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.12.12
Excerpt: ...matter pursuant to this continuance. Undisputed Material Facts Plaintiffs April Franks, Gary Franks, Jr., and Jessica Alvarez ("Plaintiffs") allege Defendants Julia Nagle, P.A. and CEP America-California ("Defendants") provided negligent medical care to Plaintiffs' decedent, Gary Franks, Sr., after he fell and hit his head at home, by failing to timely diagnose and treat a subdural hematoma when he presented to Kaweah Health Medical Center on Jan...
2023.12.12 Motion for Preliminary Approval of PAGA and Class Action Settlement 400
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.12.12
Excerpt: ... and information as to the presently incurred costs. On December 1, 2023, Plaintiff's counsel filed additional declarations as to these issues. Attorneys' Fees and Costs Attorneys' fees of 35% of the gross settlement fund of $585,000 or $204,750 and costs not to exceed $20,000 are sought by Plaintiff's counsel. Counsel has utilized the percentage of common fund methodology as well as provided adequate lodestar information to evaluate the reasonab...
2023.12.05 Motion for Leave to Amend, to Strike 300
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.12.05
Excerpt: ...departments and employees as defendants (collectively, the "State Defendants") in the First Amended Complaint: 1. The Department of Justice (DO]), Attorney General Rob Bonta, Supervising Deputy Attorney General (SDAG) Andrew Steinheimer and Deputy Attorney General (DAG) Anahita Crawford; 2. The Medical Board of California (Medical Board or MBC); 3. The Department of Consumer Affairs (DCA), Investigator Ryan Blonein and Investigator Jorrell Abutin...
2023.12.05 Demurrer 379
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.12.05
Excerpt: ... and Golden Valley Properties, Dina Flores and Luis Flores (collectively "Flores" ) The Flores demurrer to each cause of achon for failure allege suffcient facts to state a cause of action and for uncertainty. The Woods filed a demurrer joining the Flores demurrer. Second through Tenth Causes of Action Though Defendants collectively demurrer to all ten causes of action in Flores' notice of demurrer, the Court notes at the outset that Defendants F...
2023.12.05 Motion to Compel Deposition 877
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.12.05
Excerpt: ...ation of Labor Code section 6310. On May 10, 2023 and June 5, 2023, Defendant communicated with Plaintiff, through counsel, as to Plaintiff's availability for deposition. No response as to Plaintiff's availability for deposition was received. On August 10, 2023, Plaintiff was served with a notice of deposition, setting the deposition September 13, 2023 at 9:00 am. Plaintiff's response indicated a lack of availability for that date and a request t...
2023.12.05 Motion for Summary Judgment 016
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.12.05
Excerpt: ...of care, these moving defendants also argue that Plaintiff added them to this achon beyond the permissible statute of limitations under Code of Civil Procedure section 340.5. Material Facts On March 24, 2022, Plaintiff filed her Complaint in Tulare County Superior Court alleging one cause of action for Negligence against Adventist Health Tulare; Matthew Tate, P.A.; and William R. Burge, M.D. (Undisputed Material Fact ("UMF") Nos. 1:1, 1:15.) (The...
2023.12.05 Motion to Compel Arbitration 239
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.12.05
Excerpt: ...ngs, LLC dba Westgate Gardens Care Center ("Defendant Westgate") and Providence Administrative Consulting Services, Inc.'s ("Defendant Providence") skilled nursing facility. Plaintiff David Jones, through Linda, brings a causes of achon for violation of the Elder and Dependent Adult Civil Protection Act, for negligence and willful misconduct, and for violation of the Patent's Bill of Rights. Plaintiffs Linda and Lindsay Jones individually bring a...
2023.11.28 Motion to Compel Deposition of PMK, Production of Docs, for Sanctions 829
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.11.28
Excerpt: ...ved Plaintiffs with full and complete responses and objections to their Deposition Notice. GM specifically objected to the notce on grounds that the date of August 29, 2022, had passed. Despite GM's objections, GM agreed to a PMQ for deposition as to Category Nos. 1-2, subject to certain terms, at a mutually agreeable time and place. GM further identified and referred Plaintiffs to the documents which were produced to Plaintiffs in response to th...
2023.11.28 Demurrer to Amended Complaint, Motion to Strike 056
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.11.28
Excerpt: ...aintiffs shall have ten (10) days to file an amended complaint; (2) To grant the motion to strike as to 1, 2 (Paragraph 145), 7, 8, 9, 10; Plaintiffs shall have ten (10) days to file an amended complaint addressing these issues; to deny the motion to strike as to 2 (Paragraph 159), 3, 6, 11; to find the motion moot as to 4, 5 12. 13, 14 because of the ruling on demurrer permitting amendment to the causes of action involving these paragraphs. (1) ...
2023.11.21 Motion to Enter Judgment 272
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.11.21
Excerpt: ...y 24, 2023, the parties entered into a stipulation to resolve this matter. Defendant acknowledged being obligated to Plaintiff for the principal amount of 7,370.42 and costs of $225.00 and that this amount would be deemed satisfied if the following payments were made: The sum of $461.00 due on or before February 16, 2023, a minimum of I,CM.IW due on or before March 15, 2023, a minimum of $461.[n due on or before the 15th day of each month beginni...
2023.11.21 Motion to Compel Production of Docs 199
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.11.21
Excerpt: ...nd McDonalds. Tentative Ruling: (1), (2) and (3) —To deny the motions Facts Common to (1) and (2) The Court notes, as an initial matter, that one notice appeared filed in connection with these motions states it is an "application for order to show cause for contempt of court order" by non-parties Tulare County Health and Human Services Subpoena and Altura Centers for Health. A second notice indicates a motion to compel production of documents a...
2023.11.21 Motion for Preliminary Approval of Class Action and PAGA Settlement 400
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.11.21
Excerpt: ... $312,750) The gross settlement amount is $585,000. Plaintiff estimates approximately 157 proposed Class Members, providing an estimated average payout of $1,992.04 per member. The Class Members consist of: "All current and former hourly-paid, non-exempt employees of Defendant who were employed by Defendant in the State of California at any time during the period from September 16, 2018, to October 21, 2023. The operative complaint alleges causes...
2023.11.21 Motion for Leave to File Amended Complaint 155
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.11.21
Excerpt: ...efendant Kaweah Delta Health Care District's ("Defendant") entity status; (3) limits the claims alleged against Defendant to encompass only direct minimum wage claims under the California Labor Code ; and (4) adds facts related to Defendant's alleged failure to pay all minimum wages due. Plaintiff argues that Labor Code S 2699.3(a)(2)(C) grants Plaintiff the right to amend the complaint as to the above. Plaintiff further argues that Code of Civil...
2023.11.14 Motion to Compel Further Responses 933
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.11.14
Excerpt: ... vehicle suffered from the ongoing defects, which are widespread, but nevertheless refused to repurchase the vehicle, in willful violation of the Song Beverly Plaintiffs served Requests for Production of Documents, Set One, on GM on August 11, 2023. GM responded on or about September 1, 2023 with unverified responses and served verifications September 6, 2023. The parties appear to have met and conferred, with GM agreeing to produce supplemental ...
2023.11.14 Demurrer, Motion to Strike, to Disqualify Counsel, to Preserve 300
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.11.14
Excerpt: ...e motion; (4) To deny the motion. Background Facts Common to (1) and (2) The Court previously granted Dr. Cantrell's special motion to strike and sustained the demurrer with partial leave to amend. As to the Court's special motion to strike ruling, the Court struck causes of action for defamation in its entirety, medical malpractice (as relates to the sending of the small claims pleadings) discrimination (as it relates to the same), retaliation i...

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