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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...
2023.05.23 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 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...
2023.05.16 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...
2023.05.12 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 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...
2023.05.09 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 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 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 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 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 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...
2023.05.02 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 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...
2023.04.18 Motion to Terminate Arbitration 374
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.04.18
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.04.18
Excerpt: ...rsuant to an underlying arbitration agreement and stayed this case. (Declaration of Gutierrez 94 — Ex 2.) On September 9, 2019, Plaintiff submitted a Demand for Arbitration to Judicate West. (Declaration of Gutierrez '15 — Ex 3.) On October 10, 2019, Defendant ATS filed a Response to Plaintiff Reynosa's Demand for Arbitration. (Declaration of Guterrez "6 — Ex 4.) On December July 6, 2022, the arbitrator held a preliminary conference. (Decla...
2023.04.18 Motion to Compel Discovery of Financial Condition 013
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.04.18
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.04.18
Excerpt: ... intoxicated and struck decedent on his motorcycle. (Declaration of Russell 92.) Defendant Robert Buhl is Defendant Bryan Buhl's father and co- owner of the van. (Declaration of Russell 94.) The complaint alleges causes of action for negligence, negligence per se, negligent entrustment and wrongful death. The prayer seeks punitive damages. After the complaint was filed, Defendant Bryan Buhl entered a nolo contendre plea for gross vehicular mansla...
2023.04.18 Motion for Final Approval of Class Action and PAGA Settlement, Attorney Fees 831
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.04.18
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.04.18
Excerpt: ...proval 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 18, 2023. The Court finds and rules as follows: On March 22, 2023, the settlement administrator Phoenix Settlement Administrators, through its Case Manager, filed a declaration detailing the following events. On January 4, 2023, the administrator received a mailing list of...
2023.04.18 Motion for Attorney Fees 387
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.04.18
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.04.18
Excerpt: ...mplaint of Plaintiff Lockhart Reality Group for malicious prosecution. Defendants Law Group, APLC, Babak Kheiri, Daniel Geoulla, Dmitry Karpov only (hereinafter "Defendants") now move the Court for recovery of attorneys' fees in the amount of $39,148.57 and costs in the amount of $2,288.27 pursuant to Code of Civil Procedure section 425.16(c)(1). The Court notes that Defendant Martinez has not filed a motion for fees or costs. Authority and Analy...
2023.04.18 Motion for Approval of PAGA Settlement 268
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.04.18
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.04.18
Excerpt: ...d Net Distribution: $75,000.) The gross settlement amount is $150,000. Plaintiff estimates approximately 182 aggrieved employees, consisting of "all individuals employed by Defendant in California as non-exempt employees at any time from the period of April 23, 2021, through the earlier of the date which the Court approves the Settlement or April 8, 2023." Plaintiff brings claims under the PAGA statute for violations of Labor Code sections 201, 2...