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2023.11.14 Application to Seal Records, Motion for Reconsideration to Seal Records 087
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.11.14
Excerpt: ...d to seal the petition. The Court denied Petitioner's request to seal. The Court's rejection of the order indicated a failure to present sufficient evidence under California Rule of Court, 2.550 of an overriding interest that overcomes the presumed right to public access. An amended application was filed October 18, 2023. Pettioner provides a declaration as to the following facts. Petitioner indicates she is transgender, began her first semester ...
2023.11.07 Motion for Reconsideration of Designation as Vexatious Litigant 508
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.11.07
Excerpt: ... action, claim, controversy, or any of the issues of fact or law, determined or concluded by the final determination against the same defendant as to whom the litigation was finally determined. This determination was based upon Plaintiff's filing of the present case, VCU296508, involving allegations Plaintiff being assaulted by Tulare County Sheriffs while in custody on February 27, 2011. However, Plaintiff's claims have been finally adjudicated ...
2023.11.07 Motion to Stay 706
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.11.07
Excerpt: ...parable injury in that Defendant resides in the home that Plaintiff seeks to utilize satisfy the judgment, Defendant has numerous animals living on the property, has no other place to live, and lives on social security and food stamps. Defendant seeks a stay under Code of Civil Procedure sections 1176 and 916 and California Rules of Court Rule 8.112 and 8.116. Plaintiff opposes the motion, indicating that even if Defendant is entitled to a stay, ...
2023.10.31 Motion for Post Judgment Fees and Costs 706
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.10.31
Excerpt: ...ay 16, 2023 included fees up to May 10, 2023. Plaintiff thereafter filed a second motion for fees and costs incurred May 11, 2023 to July 12, 2023, also in collection of the judgment and related specifically to the motion for receiver issue previously adjudicated. The Court granted the second motion for fees in the amount of $7,105 and for costs in the amount of $453.10. Plaintiff now files this third motion for fees and costs incurred July 14, 2...
2023.10.24 Motions to Compel Further Responses, for Sanctions 527
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.10.24
Excerpt: ... the parties executing a protective order; to deny the requests for sanctions. Facts Common to (1), (2) and (3) This Song Beverly action involves Plaintiffs' purchase of 2018 Jeep Renegade, VIN: ZACCJABB8JPH55214, ("the Subject Vehicle"). Plaintiffs allege various defects and nonconformities including but not limited to transmission, HVAC, and electrical problems. (Complaint 916.) Plaintiffs allege at least two repair attempts by authorized FCA r...
2023.10.24 Motion for Leave to Submit Expert Witness Disclosure 921
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.10.24
Excerpt: ...ntly set for October 30, 2023. Therefore, the parties' mutual exchange of expert witness information was due on 11, 2023. Plaintiff's Counsel, Michael Gorelik, appears to have drafted, but did not send, the Exchange of Expert Witness Information identifying Marian B. Stephens as an expert in the field of student safety, school negligence, administration, and supervision. (Declaration of Gorelik '1 2, Ex. 1.) The draft also identified several othe...
2023.10.24 Demurrer 787
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.10.24
Excerpt: ...nc. The Complaint does not appear to allege compliance with the tort claim presentation requirements under Government Code secton 911.2. Plaintiff filed no opposition to this demurrer. Authority and Analysis The purpose of a demurrer is to test whether a complaint "states facts sufficient to constitute a cause of action upon which relief may be based." (Young v. Gannon (21%2) 97 Cal.App.4*' 209, 220. To state a cause of action, a plaintiff must a...
2023.10.23 Motion for Relief from Default and Stay of Writ of Execution 145
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.10.23
Excerpt: ... South Encina Street #4 Visalia, CA 93277 ("Subject Property"). (Complaint 93.) This achon is based on a three notice to pay rent or quit. Defendants were each served via personal service on October 5, 2023. On October 12, 2023, the Court entered default and on October 15, 2023, the Court entered default judgment for possession only and issued the writ of possession. On October 20, 2023, Defendants filed this ex parte moton for relief from defaul...
2023.10.17 Motion to Deem Case Complex 247
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.10.17
Excerpt: ... approximately 1969-1971. While coordination has not be called for in this matter, this matter effectively brings together six distinct fact patterns for a jury to consider some of which are separated by over a decade of time" (Motion 2:21-28, 3:1.) Additionally, Defendants state that discovery delays and the delayed service of the complaint will cause Defendants to "...expedite the scheduling of depositions for the six individual plaintiffs, any...
2023.10.17 Motion to Compel Arbitration 903
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.10.17
Excerpt: ...c Defendants seek to compel arbitration of Plaintiffs individual PAGA claims and stay the representative PAGA claims pending arbitration pursuant to Plaintiff's hand-signed arbitration agreement. Facts as to Agreement to Arbitrate In support, Defendants provide the declaration of Reyes who indicates that she personally managed Plaintiff from 2016 through 2022 at the Visalia location and on February 5, 2021, she personally presented the arbitratio...
2023.10.17 Motion to Compel Arbitration 657
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.10.17
Excerpt: ...verruled. Background Facts This complaint involves class actions claims by Plaintiff for various wage and hour Labor Code violations and unfair business practices under Business and Professions Code section 17200 against Defendants Genova Management Group LLC, Milano Restaurants International Corp., Me-N-Ed's Pizzerias, Inc. Defendants seek to compel arbitration of Plaintiff's individual claims, enforce a class action waiver and dismiss Plaintiff...
2023.10.12 Motion to Vacate Default and Stay Execution of Judgment 537
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.10.12
Excerpt: ... Property." ) The Court notes this is an achon after the purchase of the Subject Property in 2021. (Complaint 99.) The verified complaint alleges that on or about May 8, 2023, Plaintiff learned that Defendants had begun unlawfully occupying the Subject Property, including inside the residential structure thereon, on the preceding weekend (May 5 - 6, 2023). (Complaint 911.) The complaint further alleges Defendants have refused to leave, have start...
2023.10.10 Motion for Preliminary Approval of Class Action and PAGA Settlement 220
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.10.10
Excerpt: ...oss settlement amount is Plaintiff estimates approximately 110 proposed Class Members, providing an estimated average payout of $335 per member. The Class Members consist of: all current and former non-exempt, hourly-paid employees who worked in California for Central Valley Recovery Services, Inc. ("Defendant"), at any time during the period from January 26, 2018 through August 15, 2023 The operative complaint alleges (1) failed to pay overtime ...
2023.10.10 Motion to Compel Arbitration 061
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.10.10
Excerpt: ...ference approximately six months from this hearing to April 9, 2024, 8:30 am, Dept. 7. On February 22, 2023, Plaintiff filed this action for failure to prevent harassment by non-employee and retaliation in violation of FEHA against, at all relevant times, her employer Defendant Twin Oaks Assisted Living LLC. (Complaint 98.) Plaintiff alleges that a live-in resident of the facility, former Defendant Faiman committed sexual battery and intentional ...
2023.10.10 Motion for Preliminary Injunction 539
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.10.10
Excerpt: ...peline located on Defendants' property. Plaintiff alleges causes of action for declaratory relief as to its easement, injunctive relief and for trespass. Plaintiff sought, and this Court entered, an ex parte temporary restraining order preventing Defendants from interfering with Plaintiff's water easement on August 7, 2023. The Court set this matter for the current hearing as to an order to show cause as to the entry of a preliminary injunction. ...
2023.10.03 Motion to Enforce Settlement 638
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.10.03
Excerpt: ...f emotional distress involving Plaintiff's employment. Defendants Aequion lnc„ Seamans Capital Management, Richard F. Seamans, Eleanor Mulvaney Seamans, and Aequion, LLC were alleged to be Plaintiff's "employers." (Complaint 4-8.) Plaintiff was employed by initially by EMOH Company LLC, which then became Aequion LLC in 2018 and later was incorporated into Aequian, Inc. in August 2019. Plaintiff generally alleges he was not paid his full wages, ...
2023.10.03 Motion for Summary Judgment 542
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.10.03
Excerpt: ...tiffs' 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 January 21, 2021, resulting in his death. (UMF Nos. 1, 15, 31.) Plaintiffs' decedent, Gary Franks, Sr., died on January 24, 2021. (UMF Nos. 8, 22, 39.) Plaintiffs filed this complaint on February 22, 2022 for as single cause of action for wrongful death based on...
2023.10.02 Demurrer 948
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.10.02
Excerpt: ...ks, amongst other relief, an order determining two real properties—one in Tulare, the other in Modesto—and certain entity ownership interests are assets of the estate of Gilberto Cortez. Colin, who claims to have purchased the Modesto property, demurrers to the petition on various grounds. Colin's demurrer implicates a limited set of the broader collection of allegations in the petition—those bearing on the Modesto property he claims to law...
2023.09.26 Motion for Protective Orders 060
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.09.26
Excerpt: ... The Court intends to inquire as to the status of this deposition and whether the motion for protective order has been rendered moot. Plaintiff alleges she was a foster child in the care and custody of the County of Tulare. Plaintiff alleges she was placed with a foster family where she was sexually abused as a minor. Plaintiff took the deposition of the County's PMQ on August 16, 2023 including topics for the time period 1993 through 1995. The C...
2023.09.26 Motion for Leave, to Reconsider Special Motion to Strike 024
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.09.26
Excerpt: ...September 1, 2023, Plaintiff filed this moton to reconsider and for leave to file an amended complaint. Authority and Analysis Though Plaintiff does not indicate a statutory basis for this motion, the motion references reconsideration. Code of Civil Procedure section 1008, states: "(a) 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 p...
2023.09.26 Demurrer to SAC 047
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.09.26
Excerpt: ...trict ("VUSD.") In sum, the Court previously found that the first amended complaint generally alleging compliance with the Tort Claims Act as to VLJSD. However, more specific allegations of the first amended complaint, as well as VUSD's request for judicial notice of Plaintiff's prior opposition to demurrer that claims appear to have been presented to the City of Visalia and County of Tulare, contradicted that general statement and the Court sust...
2023.09.26 Demurrer 378
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.09.26
Excerpt: ...uling sustaining the demurrer with leave to amend was based on Plaintiff's filing of this action on January 25, 2023, which the Court found to be over 90 days from the October 25, 2022 written notice of rejection of Plaintiffs claim against the estate of Decedent Christopher Mason pursuant to Probate Code section 366.2 The presentation of the underlying claim to the estate, the rejection thereof and the filing of this case are not in dispute. Pla...
2023.09.19 Motion to Quash Service of Summons 344
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.09.19
Excerpt: ...orporation under the name "H & K, Inc." and states that the Plaintiff has been suspended by the Franchise Tax Board. Defendant provides a declaration detailing efforts to verify "H & K, Inc." In opposition, Plaintiff does not address this issue at all, but provides a summary of its argument in support of the complaint and of California community property law. Plaintiff does not provide any information or evidence as to the status of "H & K, lnc" ...
2023.09.19 Motion to Deem Vexatious Litigant, Demurrer 508
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.09.19
Excerpt: ...der; (2) To stay the litigation, including the demurrer, pend-ng the outcome of the reasonable probability determination under sections 391.1, 391.2 and 391.3. (1) Motion to Deem Plaintiff a Vexatious Litigant Defendant moves to declare Plaintiff Fraizer a vexatious litigant under Code of Civil Procedure sections 391, 391.1. 391.3 and 391.7 based on the continued relitigation of the same cause of action, claim and issues of fact and law that have...
2023.09.19 Motion for Attorney Fees 462
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.09.19
Excerpt: ... multiple repair visits without successfully remedying the issue. Plaintiff, on February 14, 2022, filed this Song Beverly achon for breach of express and breach of implied warranties. Plaintiff propounded written discovery on GM, consisting of 37 requests for admissions, 46 requests for production of documents, 49 special interrogatories and 27 form interrogatories. The parties disagreed as to the sufficiency of GM's responses and Plaintiff file...

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