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2023.02.07 Motion for Judgment on the Pleadings, for Leave to Amend Answer 785
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.02.07
Excerpt: ...s he sustained in a forklift incident on September 4, 2019 involving acts by Defendant Gardener Trucking's (“Gardener”) employees. Plaintiff filed this matter July 14, 2021. On November 12, 2021, Gardener cross-complained against Southwest for six causes of action including express indemnity, breach of contract, equitable indemnity, comparative partial indemnity, contribution and declaratory relief. On January 21, 2022, Southwest answered Gar...
2023.02.07 Motion for Class Certification 014
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.02.07
Excerpt: ...sentatives, and of their counsel as class counsel. In this wage and hour action, plaintiffs Guillermo Gonzalez and Nicolas Gonzalez move for class certification as to various defined classes of employees of their former employer, Sun Pacific Farming Cooperative, Inc. (Sun Pacific), and for appointment as class representative of, and for appointment of their counsel as class counsel for, the proposed classes. Plaintiffs seek certification as to th...
2023.02.07 Motion for Appellate Attorney Fees 177
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.02.07
Excerpt: ...rt's ruling as to Defendant Beitler's appeal and Plaintiff's cross-appeal. At the trial court level, this Court found that Defendant Beitler is Defendant Force's alter ego. This Court further denied Plaintiff DPI's posttrial motion to amend the complaint as to adding a defendant to tits second, third and fourth causes of action for common counts. This Court's judgment of February 18, 2020 indicates that Plaintiff was entitled to recover the under...
2023.01.31 Motion to Seal Application to Proceed Under Fictitious Name and Grant Application 521
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.01.31
Excerpt: ...ves Plaintiff Jane Roe's complaint against the Apostolic Assembly of the Faith in Christ Jesus and Apostolic Assembly Church of Lindsay for negligence, negligent supervision, negligent hiring and negligent failure to warn, train, or educate resulting from alleged sexual abuse suffered by Plaintiff from 1994 to 2000 while Plaintiff was a minor. Plaintiff was born in 1990 and its not over 40 years old when this action was commenced. On December 15,...
2023.01.24 Motion to Compel Arbitration 065
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.01.24
Excerpt: ...dress this issue. The Court has integrated this supplemental briefing and analysis into this ruling. On or about September 4, 2020, plaintiff purchased a new 2019 Nissan Maxima VIN 1N4AA6AV4KC383429 (“Vehicle”) from a dealer pursuant to a retail installment sales contract (“RISC”). (Complaint ¶ 3.) The complaint alleges “Plaintiff delivered the nonconforming Vehicle to NNA's authorized repair facilities for repairs pursuant to the term...
2023.01.24 Motion for Change of Venue 366
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.01.24
Excerpt: ...t states that “Venue is proper in this Court because, upon information and belief, Defendants reside, transact business, or have offices in this county, and the acts and omissions alleged herein took place in this county” (FAC ¶9.) “Defendants employed Plaintiff and other California residents as non‐exempt employees throughout California at Defendants' California business location(s)” and “Defendants continue to employ non‐ exempt ...
2023.01.10 Motions to Compel Further Responses 410
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.01.10
Excerpt: ... award sanctions; (5) To grant the motion; Plaintiff shall have thirty (30) days from notice of this ruling to provide a statement of damages; Defendant shall give notice. Facts Common to All Motions This litigation arises from Plaintiff's allegation of negligence and premises liability against Defendant Lowes. Plaintiff claims Defendant is responsible for the injuries sustained when Plaintiff climbed and fell from a bay within Defendant's retail...
2023.01.10 Motion to Compel Arbitration 407
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.01.10
Excerpt: ...d nursing facility located at 350 North Villa Street (the “Facility.”) Plaintiffs are the heirs and successors in interest to Decedent and filed this case November 12, 2021. This matter is set for trial March 13, 2023. Plaintiffs allege Defendants knew, via the physical state of Decedent upon arrival, that Decedent was dependent on Defendant for all daily activities including “feeding and dietary planning, skin care, hygiene, infection cont...
2023.01.10 Motion to Compel Arbitration 065
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.01.10
Excerpt: ...nforming Vehicle to NNA's authorized repair facilities for repairs pursuant to the terms of the warranties. It is clear that NNA is unable to fix, remedy and/or repair the Vehicle to conform to the warranty. The multiple failed inspection and repair attempts have proven willfully unsuccessful in resolving the issues.” (Complaint ¶8.) Plaintiff brings causes of action for: (1) Violation of the Song‐Beverly Consumer Warranty Act ‐ Breach of ...
2023.01.03 Motion to Vacate Default Judgment and Stay Execution of Judgment 547
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.01.03
Excerpt: ...rent. Facts This is an unlawful detainer matter involving 233 W. Tulare Avenue #B, Visalia, CA. 93277, Tulare County (“Subject Property.”) The Court notes this is an action for unlawful detainer based upon a three day notice to pay rent or quit. On November 14, 2022 the complaint was filed. The complaint, summons and accompanying documents were served personally on Defendant O'Neal on November 20, 2022 by a registered process server. On Decem...
2023.01.03 Motion to Compel Arbitration, Depositions 908
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.01.03
Excerpt: ...d a number of wage and hour violations against Defendants Phytech US, Inc. and Defendant Oren Kind. Initially, it appears that Phytech did not produce an arbitration agreement in discovery propounded by Plaintiff, but counsel for Phytech indicates receipt of “a copy of the actual arbitration agreement Plaintiff Melodie Furtado agreed to in connection with her employment with Phytech on November 8, 2022.” (Declaration of Raquel Rotman (“Rotm...
2023.01.03 Motion for Summary Judgment 991
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2023.01.03
Excerpt: ...tiff had adequately disputed a number of material facts that precluded the Court from ruling in Defendant's favor as to the rational basis for Plaintiff's termination and Plaintiff's outside work. The central, additional fact to this renewed motion appears to be as follows: “Since the court's consideration of Altura's prior motion for summary judgment, Riaz has filed 18 cases in Tulare County alone claiming allegations similar to those against ...
2022.12.30 Motion to Vacate Default Judgment and Stay Execution of Judgment 545
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.12.30
Excerpt: ... the date of this hearing. The Court intends to set this matter for trial at this hearing. Facts This is an unlawful detainer matter involving 1016 E. Mineral King #7 Visalia, CA 93292 (“Subject Property.”) The Court notes this is an action for unlawful detainer for breach of covenant as to occupancy by unauthorized persons and the existence of more than one pet. On November 21, 2022 the complaint was filed. The complaint, summons and accompa...
2022.12.27 Petition for Minor's Compromise 289
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.12.27
Excerpt: ...telyn Kable. Petitioners bring this a petition to approve the compromise of a settlement offer to the minor child. According to the Petition, on March 22, 2022, the minor was crossing the street in the crosswalk before school when Defendant Ryan Jones, in the course and scope of his employment with Weed Man Company, struck Claimant while driving a Weed Man Company. (Petition at 5.) Injuries and Treatment The minor child suffered a skull fracture,...
2022.12.27 Motion to Strike Punitive Damages 417
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.12.27
Excerpt: ...t alleges causes of action for trespass and ejectment. Plaintiffs in this case are Mikal Jones, Angela Anderson, and Bi‐Rite Auto Transport, Inc., (collectively “Bi‐ Rite”) and involved Defendant PVCC's irrevocable license for its canal and access to that canal for maintenance and repair as to Plaintiff BiRite's properties. (SAC ¶2, 7.) Prior litigation between the parties has resulted in a 2013 Judgement and a 2018 Judgment which provid...
2022.12.27 Motion to File Amended Complaint 383
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.12.27
Excerpt: ...iff. Plaintiff also sued Defendants SCC Enterprises (Sequoia), Southern California Edison (SCE) and the owners of the rental, Norman and Martha Faucett. Specifically, the complaint alleges: “The defendants negligently allowed a dog to escape a backyard by bursting a pipe in the backyard of the property owner, taking down the side fence to allow access to the backyard, and failing to replace the fence once work for the evening had ended, allowin...
2022.12.27 Demurrer, Motion to Strike Punitive Damages 142
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.12.27
Excerpt: ...on to (1) and (2) Plaintiffs are the owners of property located at 43674 North Fork Dr (“Kiresich Property.”) (Complaint ¶1.) Defendants are the owners of adjacent property located at 43672 North Fork Dr (“Charles Property.”) (Complaint ¶2.) Plaintiffs have lived at the Kiresich Property since 1997. (Complaint ¶9.) At the time Plaintiffs moved in, a metal chain link fence separated the Kiresich Property and the Charles Property. (Compl...
2022.12.13 Demurrer, Motion to Strike 248
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.12.13
Excerpt: ... addresses most of the issues raised in the demurrer and motion to strike. The Court notes Defendants' demurrer to the first cause of action on the basis that no FEHA cause of action lies against individual defendants. The Defendants also demurrer to the seventh cause of action for intentional infliction of emotional distress on the basis that the public entity Defendants City of Porterville and Porterville Police Department are immune (as well a...
2022.12.07 Motion to Set Aside or Vacate Judgment, Quash Writ of Possession 611
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.12.07
Excerpt: ...8, 2021, it became owner of the Subject Property by purchasing it at a trustee's sale held in compliance with California Civil Code section 2924. (Complaint ¶ 3.) Plaintiff alleges that title on the Subject Property pursuant to the foreclosure sale has been duly perfected in Plaintiff's name as of February 25, 2022, the date of recordation. (Complaint ¶ 3; Exhibit A) On September 8, 2022, Defendant Ronald Osburn filed three motions: (1) Motion ...
2022.12.06 Motion for Reconsideration 575
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.12.06
Excerpt: ...parties and issue a ruling in writing. (1) Facts This motion was filed November 23, 2022 for a hearing date of December 6, 2022. Plaintiff specifically seeks relief from this Court's order on November 14, 2022, granting Defendant County of Tulare HHSA's ex parte application for dismissal for Plaintiff's failure to timely file a second amended complaint after the Court's sustained the County's demurrer with a narrow granting of leave to amend. The...
2022.12.06 Motion for Final Approval of Class Action Settlement 695
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.12.06
Excerpt: ...ancement award, and class certification for settlement purposes came on for hearing on December 6, 2022. The court finds and rules as follows: On August 29, 2022, the settlement administrator, Phoenix Settlement Administrators, received a mailing list of 226 potential class members from Defendant's counsel with names, contact information, social security numbers and relevant employment information. The settlement administration processed the list...
2022.12.06 Motion for Change of Venue 400
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.12.06
Excerpt: ... overtime compensation, failure to provide meal periods, failure to authorize and permit rest periods, failure to pay minimum wage, failure to timely pay wages, failure to provide accurate wage statements, failure to maintain accurate time and payroll records, and failure to reimburse necessary business‐related expenses. (Complaint ¶1.) Plaintiff indicates all causes of action are “brought as a class action on behalf of himself and similarly...
2022.12.06 Demurrer 130
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.12.06
Excerpt: ...ce with the applicable claim's statute. An unstamped liability claim report attached to the complaint and addressed to the Clerk of the Board of Supervisors indicates an incident date of February 27, 2012 and the date of the claim as August 31, 2022. The County brings this demurrer under a number of theories, including failure to timely bring a government claim and expiration of the applicable statute of limitations, and the presence of another c...
2022.12.01 Petition for Minor's Compromise 454
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.12.01
Excerpt: ...Funtila. Petitioner now brings a petition to approve the compromise of a settlement offer to the minor child. According to the Petition, on January 10, 2019, Claimant was a passenger in a motor vehicle that was rear ended by Defendant Valerian Domingo, who was driving the vehicle with the permission of Defendants Rosie Acosta and Melissa Omos. (Petition at 5.) Injuries The Claimant had no immediate or residual damages or injuries from the acciden...
2022.12.01 Motion to Vacate Default Judgment and Stay Execution of Judgment 502
Location: Tulare
Judge: Hillman, Bret
Hearing Date: 2022.12.01
Excerpt: ...operty.”) Plaintiff is the owner and operator of Sierra Mobile Village, where the Subject Property is rented by named Defendant Marcelino Manriquez. The proof of service of the 3‐day Notice to Pay Rent or Quit / 60‐day Notice to Terminate Possession (“Notice”) was purportedly served personally on named Defendant Marcelino Manriquez on August 12, 2022. Thereafter, the complaint and summons were purportedly served by personal service on n...

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