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2023.04.04 Motion to Set Aside or Vacate Consolidation Order 828
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.04.04
Excerpt: ... rule 3.350. At the continued motion hearing on February 28, 2023, this Court ordered consolidation of this matter, VCU288828, Fitness v. Moshin (the "Fitness Case") and VCU293786— Alhasani v. Fitness and Thrive (the "Alhasani Case"). Alhasani now seeks to set aside or modify the February 14, 2023 order that the Court would continue this matter and consolidate the cases upon the filing of various documents in compliance with the Rules of Court....
2023.04.04 Motion to Compel Arbitration and Stay 228
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.04.04
Excerpt: ...he Labor Code and for unfair competition based on Plaintiff's former employment with Defendant, but lacking any Private Attorney General Act ("PAGA") claim. However, on March 22, 2023, Plaintiff filed a second amended complaint, without leave, pursuant to Labor Code section 2699.3(a)(2)(C), which states as follows: "C) Notwithstanding any other provision of law, a plaintiff may as a matter of right amend an existing complaint to add a cause of ac...
2023.04.04 Motion to Amend Judgment 706
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.04.04
Excerpt: ...in seeking to recover the Judgment, has discovered that Defendant Robert Hart is trustee of two additional trusts, Old Oak Holdings and North Fork Assets, as alter egos of Defendant Robert Hart in which he holds title to his former community, and now separate, property in Exeter and Badger. Plaintiff now seeks to add Robert Hart, as trustee of Old Oak Holdings and as trustee of North Fork Assets, as debtors to the Judgment. North Fork Assets appe...
2023.04.04 Motion for Final Approval of Class Action and PAGA Settlement, for Attorney Fees 325
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.04.04
Excerpt: ...nal approval 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 4, 2023. The Court finds and rules as follows: On March 13, 2023, the settlement administrator ILYM Group, through its Operations Manager, filed a declaration detailing the following events. On October 25, 2022, the administrator received a mailing list of 494 potent...
2023.04.04 Demurrer, Motion to Quash 067
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.04.04
Excerpt: ...nd mailing was completed in accordance with the Court's order of February 17, 2023, the court is willing to consider this evidence at the hearing. Facts Common to (1) and (2) This unlawful detainer matter involves property located at 139 E Ferguson Ave., Visalia, CA 93291 (the "Subject Property." ) Plaintiff alleges it purchased the property at a Trustee's Sale held October 4, 2022. (Complaint 94). Plaintiff alleges it has duly recorded the Trust...
2023.04.04 Demurrer 483
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.04.04
Excerpt: ...ver Drive Properties Inc. (RDP) is a California Corporation doing business in Tulare County, California, which has benefitted from various stolen and converted property as set forth herein, in addition to actively interfering with MVP's property management contracts." (Complaint 92.) Plaintiff alleges that he started Mid-Valley Property Management ("MVP") in 1996, operating it under his Real Estate Broker's License as a sole proprietorship. (Comp...
2023.03.28 Motion to Compel Production of Psychological Records 772
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.03.28
Excerpt: ...he Plaintiff who is claiming post-traumatic stress disorder damages, seeks the following: "Any and all documents, paper and digital records pertaining to care, treatment and examination, including but not limited to, all office, emergency room, inpatient / outpatient charts either in hard copy or electronic and/or faxed. Any and all x-ray films, to include MRI films, CAT scans, myelograms, radiological images, ultrasounds and any other films spec...
2023.03.28 Motion to Compel Arbitration 852
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.03.28
Excerpt: ...onditional Sale Contract and Security Agreement ("Agreement"). The complaint, filed December 29, 2022, alleges causes of action for violations of the Consumer Legal Remedies Act, Violations of the Unfair Competition Law, Fraud, Violations of Song Beverly Act and Surety Bond Liability as against Defendants Thrive Sports, lnc„ Westlake Financial and Hudson Insurance Company. Defendants Thrive and Westlake Financial (collectively "Defendant") now ...
2023.03.28 Motion for Final Approval Class Action, Attorney Fees 787
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.03.28
Excerpt: ...oval of class action settlement, attorneys' fees, costs, enhancement award, LWDA payment and class certification for settlement purposes came on for hearing on November 22, 2022. The Court finds and rules as follows: On February 28.2023, the settlement administrator Phoenix Settlement Administrators, through its Case Manager, filed a declaration detailing the following events. On November 18, 2022 the administrator received a mailing list of 589 ...
2023.03.28 Demurrer 862
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.03.28
Excerpt: ... children. (Complaint at p. 1.) Plaintiff alleges causes of achon for fraud-misrepresentation, professional negligence and breach of contract involving Defendant's alleged forc-ng of Plaintiff into a guilty plea and representing that Plaintiff's children would be returned to her if she entered a guilty plea. (Complaint at p. 2.) Plaintiff appears to allege delayed discovery and/or tolling, in that Plaintiff alleges she recovered a suppressed memo...
2023.03.17 Motion to Vacate Default Judgment and Stay Execution of Judgment 922
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.03.17
Excerpt: ...This unlawful detainer matter, filed February 15, 2023, involves property located at 417 N. "L" St. #A Tulare, CA 93274 ("Subject Property.") (Complaint '13.) The Court notes this action is based on a three day notice to pay or quit. (Complaint 99.) As to moving party Defendant Torres, Plaintiff filed a proof of service indicating personal service of this lawsuit and summons on Defendant Torres occurred on February 17, 2023. On March 7, 2023, thi...
2023.03.16 Motion for Relief from Default or Stay of Execution of Writ 780
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.03.16
Excerpt: ...s property located at 13930 Idaho, Orosi, CA 93647. Plaintiff filed the complaint February 9, 2023, and effected personal service on Defendant Jimenez February 10, 2023. On February 17, 2023, defendant filed a motion to quash service of summons. In that motion she indicated she would submit on the papers filed without appearance. On 22, 2023, the court held a hearing on a motion to quash filed by defendant and denied the motion. On March 2, 2023,...
2023.03.14 Motion to Compel Production of Psychological Records 772
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.03.14
Excerpt: ...e are Plaintiff's psychological records from Kings View. Defendant indicates that, pursuant to prior discovery requests directed at Plaintiff, Plaintiff has some, but not all, records from Kings View. Further, Defendant indicates that Plaintiff was presented with an authorization form to release the records, but that no such authorization form has been executed as of the date of this motion. Defendants indicate that the subpoena was issued to Kin...
2023.03.14 Motion for Final Approval of Class Action and PAGA Settlement 326
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.03.14
Excerpt: ...' fees, costs, enhancement award, LWDA payment and class certification for settlement purposes came on for hearing on March 14, 2023. The Court finds and rules as follows: On February 17, 2023, the settlement administrator Phoenix Settlement Administrators, through its Case Manager, filed a declaration detailing the following events. On November 3, 2022 the administrator received a mailing list of 1,932 potential class members from Defendant's co...
2023.03.07 Special Motion to Strike 387
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.03.07
Excerpt: ...n 425.16, California's anti-SLAPP statute. I. Background 1. The personal injury action In the underlying prior personal injury action (Tulare Superior Court Case No. VCU283263), Martinez sued various defendants for injuries allegedly sustained during an incident on June 21, 2018, in which she fell down a flight of stairs located on property at 303 N. D Street in Porterville, CA. Martinez filed her complaint on June 19, 2020. Martinez named, as de...
2023.03.07 Motion to Compel Arbitration 490 (2)
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.03.07
Excerpt: ...l 28, 2022, alleges causes of action for: (1) Violation of Subdivision (d) of Civil Code Section 1793.2 (express warranty) (2) Violation of Subdivision (b) of Civil Code Section 1793.2 (3) Violation of Subdivision (a)(3) of Civil Code Section 1793.2 (4) Breach of the Implied Warranty of Merchantability (Civ. Code, § 1791.1; § 1794; § 1795.5) (5) Fraudulent Inducement - Concealment Plaintiffs have not sued the dealer and signatory to the RISC. ...
2023.03.07 Motion for Leave to File Amended Complaint 228
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.03.07
Excerpt: ...ure to pay minimum wages; (2) failure to pay overtime wages; (3) failure to provide meal periods; (4) failure to provide rest periods; (5) failure to timely pay all wages due and owing at the time of termination; (6) failure to issue accurate itemized wage statements; (7) failure to reimburse business- related expenses; and (8) unfair competition. In support, Plaintiff has attached the proposed First Amended Complaint. Plaintiff notes this case h...
2023.03.07 Demurrer to SAC 199
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.03.07
Excerpt: ...amend as to the City as to the Tenth and Eleventh causes of action. (The Court notes it previously sustained the demurrer by Defendants Fahoum, Jason Salazar, Sergio Pineda, Marisa Burkdoll, Nathan Berry, Nicholas Fistolera, Damon Maurice and Velverde as to the Tenth and Eleventh causes of action without leave to amend.); To overrule the demurrer Sixth cause of action as to Defendant Fahoum and order Defendant Fahoum to “answer or otherwise ple...
2023.03.06 Motion to Vacate Judgment After Trial and Stay Execution of Judgment 818
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.03.06
Excerpt: ...ession for Plaintiff after trial, cancelled the rental agreement, issued the writ immediately, and awarded $9,148.64 to Plaintiff in past due rent, attorneys' fees, holdover damages and costs. Defendant Marina Moreno seeks to vacate the judgment and/or stay execution thereof on the basis that she was present outside the courtroom, but mistakenly believed she had to wait one hour and forty-five minutes for her case to be called and remained outsid...
2023.02.14 Motion to Consolidate 828
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.02.14
Excerpt: ...nt (collectively “Fitness”) alleging causes of action for conversion against Defendant Fadel Moshin (“Moshin”). Plaintiff in VCU293786 is Alhasani, Inc. (“Alhasani”) who has alleged causes of action against Fitness and Thrive Business Development, Inc. (“Thrive”) for conversion and injury to real property by removal of equipment. VCU288828 – Fitness v. Moshin (the “Fitness Case”) The Fitness Case matter involves Fitness's al...
2023.02.14 Motion for Summary Judgment, Adjudication 445
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.02.14
Excerpt: ... property at issue containing the residential space rented to tenants. A fire originating from storage sheds located on the property spread to the space rented by the plaintiffs and, they allege, destroyed their property, forced them out of their home, and caused them emotional distress. Plaintiffs' complaint Plaintiffs allege a cause of action for general negligence and a second premises liability cause of action including, amongst three separat...
2023.02.14 Motion for Leave to File Amended Complaint 865
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.02.14
Excerpt: ...e and common counts involving alleged damage to commercial property, failure to pay late charges, taxes and failure to pay commission. GPC answered the complaint, but thereafter, on February 7, 2022, filed for Chapter 7 bankruptcy. On or about June 6, 2022, a notice of filing report of no distribution was sent to Plaintiff by the bankruptcy trustee setting June 30, 2022 for objections. Plaintiff apparently made no objection and Plaintiff's unders...
2023.02.14 Motion for Final Approval Class Action, for Attorney Fees 886
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.02.14
Excerpt: ...ass action and PAGA settlement, attorneys' fees, costs, enhancement award, LWDA payment and class certification for settlement purposes came on for hearing on February 14, 2023. The Court finds and rules as follows: On January 18, 2022, the settlement administrator ILYM Group, Inc, through its Case Manager, filed a declaration detailing the following events. On September 1, 2022, the administrator received a list of 248 potential class members fr...
2023.02.14 Demurrer to TAC, Motion to Strike 248
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.02.14
Excerpt: ...rterville Police Department; Defendants shall have ten (10) days to file an answer. Facts Common to (1) and (2) Plaintiff filed this third amended complaint against Defendants City of Porterville and Porterville Police Department and individual Defendants Castellow, Barteau, Kroutil and Benas. As relevant here, Plaintiff alleges the third cause of action for harassment against all Defendants and the seventh cause of action against Defendants Cast...
2023.02.07 Motion for Summary Judgment 720
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.02.07
Excerpt: ...use of action. In support, Defendant provides the following material facts. Defendant hired plaintiff in January 2019 as a staff dentist. (UMF No. 1.) During her employment, Plaintiff believed that not all patients were genuine, but rather some were placed by Defendant to harass her with foul language and other behavior. (UMF No. 3.) Additionally, Plaintiff believed she was being targeted by Defendant, given she had filed a complaint against her ...

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