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2024.05.16 Motion to Intervene 453
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2024.05.16
Excerpt: ... he cut a corne r. Aft e r cut t ing t he corne r, his vehicle tipped onto its side and rolled down the embankment. He passed away. Trave le rs Prope rt y Casualt y Company of Ame rica (Trave le rs) st arte d paying t he decedent's wife (plaintiff) and children Worker's Compensation benefits because of the work -related death. Procedural Hist ory On December 7, 2022, the Plaintiffs filed their complaint alleging negligence, willful failure to war...
2024.05.16 Motion to Enter Judgment 984
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2024.05.16
Excerpt: ...On September 7, 2021, the Court ordered the case dismissed, but reserved ju r is d ic t io n u n d e r Co d e o f Civil P r o c e d u r e s e c t io n 6 6 4 .6 . On January 16, 2019, the parties entered into a verbal settlement agreement. The agreement was thereafter reduced to writing and signed by the parties. The settlement agreement provided, among other things, that judgment in the sum of $6,048.24 would not b e entered against Defendant. Ju...
2024.05.16 Motion to Compel Arbitration 844
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2024.05.16
Excerpt: ... termination in violation of public p o lic y . Defendant seeks to compel arbitration of these disputes . Fa ct s – Agreement to Arbitrat e In support, Defendant provides the declaration of Tabitha Walker, employed by Defendant as the Director of Staff Development since April of 2022 and whose duties include overseeing onsite human resources for the Defendant and its e m p lo y e e s . (D e c la r a t io n o f W a lke r ¶ 1 , 2 ) Walker indica...
2024.05.16 Motion for Terminating Sanctions 616
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2024.05.16
Excerpt: ... $995.00. Sanctions are due no later than fifteen (15) days from notice of this ruling; Defendant is ordered to give notice . Fa ct s On December 7, 2023, this Court adopted its tentative ruling granting Defendant Warren's motion to compel initial responses from Plaintiff to interrogatories and requests for production, due within 30 days' notice of the ruling. The Court also issued monet ary sanctions against Plaintiff in the amount of $585.00 . ...
2024.05.16 Motion for Final Approval of Class Action and PAGA Settlement 988
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2024.05.16
Excerpt: ...s action and PAGA settlement, attorneys' fees, costs, enhancement award, LWDA payment and class certification for settlement purposes came on for hearing on May 16, 2024. The Court finds a n d r u le s a s f o llo w s : On April 3, 2024, the settlement administrator CPT Group, Inc., through its Case Manager, filed a declaration detailing the following events. On November 7, 2023, the administrator r e c e ive d a m a ilin g lis t o f 1 2 9 p o t ...
2024.05.16 Demurrer 817
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2024.05.16
Excerpt: ...ning of Defendant City's demurrer to the initial complaint. The Court notes at the outset the initial complaint, though found to have failed to state a cause of action, appeared to have alleged a tort resulting in personal injury. The Court sustained the demurrer for both failure to allege sufficient facts to state a cause of action and for failure to allege compliance with the Tort Claims Act . This amended complaint, filed January 8, 2024, is p...
2024.05.16 Demurrer 209
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2024.05.16
Excerpt: ...fornia as a private attorney general. The Court's review of this complaint indicates it alleges a PAGA action only, as discussed below. The Court previously denied Defendant's motion to compel arbitration on March 7, 2023, finding that PAGA claims brought on behalf of the State are non- arbitrable . Fa ct s As noted above, Plaintiff's operative, amended complaint alleges a single cause of action under PAGA for various violations of the Labor Code...
2024.04.29 Motion for Summary Judgment 358
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2024.04.29
Excerpt: ...8, 12, 13. ) The Court, having denied Plaintiff's motion for leave to amend, evaluates the motion based upon the operative complaint alleging abuse occurred in 1981. “The p le a d in g s p la y a ke y r o le in a summary judgment motion. The function of the p le a d in g s in a m o t io n for summary judgment is to delimit the scope of the issues and to frame the outer measure of materiality in a summary judgment proce e ding.” ( Hu t t o n v...
2024.04.25 Motion to Set Aside, Vacate Summary Judgment on Bond Forfeiture 494
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2024.04.25
Excerpt: ...in c r im in a l c a s e n o . VCF4 3 8 1 7 7 Un d e r lyin g Cr im in a l Ca s e - VCF438177 On February 21, 2023, Ramirez was arraigned on the complaint in and the bond was posted by the defendant in this case. On March 24, 2023, Ramierz appeared in court and was notified of the April 20, 2023, court date. On April 20, 2023, Ramirez failed to appear in court and the Court issued but stayed a bench warrant in the amount of $60,000. The Court, ho...
2024.04.25 Motion to Reset Trial Date 473
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2024.04.25
Excerpt: ...a motion to enforce a settlement p urportedly made at the mediation . Given the lack of a settlement in this case, Plaintiffs seek to restore a trial date . The trial date came off the Court's calendar when Plaintiffs, on January 23, 2024, filed a notice of conditional settlement of entire case. However, counsel for P la in t if f s in d ic a t e s t h e f o llo w in g , a s t o m is t a ke , in a d ve r t e n c e , s u r p r is e o r excusable n...
2024.04.25 Motion for Leave to Amend Complaint, for Summary Judgment 358
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2024.04.25
Excerpt: ...tion under Section 340.1 of the Co d e o f Civ il P r o c e d u r e b y f ilin g h e r Co m p la in t . Under the then operative version of Code of Civil Procedure section 340.1, this action appears initially timely filed under the revival term of subsection (q). (“Notwithstanding any other provision of law, any claim for damages described in paragraphs (1) through (3), inclusive, of subdivision (a) that has not been litigated to finality and t...
2024.04.25 Demurrer 829
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2024.04.25
Excerpt: ...erence with prospective economic advantage, breach of implied d u t y o f g o o d f a it h a n d in t e n t io n a l in f lic t io n o f e m o t io n a l d is t r e s s a g a in s t Defendant California Department of Developmental Services, California governmental agency. (Complaint ¶ 2. ) The complaint is based upon a settlement agreement between Plaintiff and Defendant after Plaintiff was dismissed on July 21, 2015 from his position with Defen...
2024.04.11 Demurrer to Writ of Mandate Petition 719
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2024.04.11
Excerpt: ...ed petition. Case manageme nt Conference is continued to June 6, 2024; 8:30 am; D1 . Fa ct s P e t it io n e r / P la in t if f is t h e Bu ild in g In d u s t r y As s o c ia t io n Tu la r e Kin g s Co u n t ie s , In c ., hereafter “BIATKC,” is a California nonprofit corporation that works to provide se rvice s, ne t working and re source s t o all builde rs, de ve lope rs, cont ract ors and associate d businesses in the building industry ...
2024.04.04 Motion to Confirm Arbitration Award 799
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2024.04.04
Excerpt: ... arbitrator be confirmed by this Court . Plaintiff subsequently filed for arbitration with the AAA. An arbitration hearing was held between Plaintiff and Defendants on October 17, 2023 . On or around November 7, 2023 the Arbitrator John C. Lautsch rendered the “Final Award” which named Plaintiff the prevailing party, granted Plaintiff damages in the amount of $3,500, and attorney's fees in the amount of $27,748.55, and indicated that “shou ...
2024.04.04 Motion for Summary Judgment 080
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2024.04.04
Excerpt: ...”); on September 30, 2022 D efendant opened an American Express Bonvoy Brilliant Amex Card Account with a current account number, last four digits 2004 (the ''2004 Account'') (collectively ''the Accounts'') (UMF Nos. 1, 12. ) The terms and conditions for use of the Accounts are governed by Cardmember Agreements. (UMF Nos. 2, 13. ) American Express sent Defendant a copy of the Cardmember Agreements along with the ...
2024.04.04 Motion for Judgment on the Pleadings 650
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2024.04.04
Excerpt: ...viving spouse of Decedent Joanne Akpkarian -Souza (“Decedent”), alleges negligence based on the passing of Decedent on January 29, 2023 . The complaint was served December 28, 2023 . Plaintiff named Defendants “Kaweah Health Medical Group” and “Kaweah Health Medical Center.” (as well as Joseph Ford, D.O.) (Complaint. ) On December 28, 2023, “Defendants, KAWEAH DELTA HEALTH CARE DISTRICT dba KAWEAH HEALTH MEDICAL GROUP and KAWEAH HEA...
2024.03.28 Motion to Compel Further Responses, Deposition 352
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2024.03.28
Excerpt: ...counsel for both parties that some, but not all, issues on these discovery motions have been resolved . The Court has reviewed the supplemental declarations filed by counsel . Defendant's counsel indicates that, while contact has been recently made with Defendant, Defendant remains homeless and without the documents or information necessary to respond to the discovery . Plaintiff's counsel provides the following as to the remaining issues : Reque...
2024.03.14 Motion to Tax or Strike Costs 414
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2024.03.14
Excerpt: ...of recovery of costs, is the prevaili ng part y. Plaintiff, on January 5, 2024, provided notice of entry of the above referenced ju d g m e n t b y e m a il. Plaintiff, on January 22, 2024, filed their memorandum of costs on MC -1 0 , seeking to recover $49,228.76 as follows: Co s t Amount Ch a lle n g e b y Defendant? 1. Filing and Motion Fees $645.00 Ye s 2 . J u ry Fe e s $912.29 No 4. Deposition costs $11,1175.64 No 5. Service of Process $190...
2024.03.14 Motion to be Relieved from Default Judgment 811
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2024.03.14
Excerpt: ...ny, seeks to recover sums paid to its insured through the alleged responsible Defendants, Jason Curiale and Mary Padovich. Plaintiff filed proofs of service on August 14, 2023 indicating personal service on P a d o v ic h a n d s u b s t it u t e s e r v ic e o n Cu r ia le o c c u r r e d in J u ly 2 0 2 3 . On January 10, 2024, default was entered in favor of Plaintiff. On January 26, 2023, default judgment was entered in the amount of $12,788....
2024.03.14 Demurrer 353
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2024.03.14
Excerpt: ... October 9, 2021 and caused damage to Plaintiffs' property located next door to the Defend ant's property. P la in t if f s f ile d t h is c o m p la in t o n O c t o b e r 6 , 2 0 2 3 . Plaintiffs allege they are owners of 805 S. Court Street and that Defendant is the owner of 807 S. Court Street. (Complaint ¶ ¶ 8, 9. ) As to negligence, the complaint alleges a 2020 fire at the 807 S. Court address and June or July 2021 renovation of the 807 S...
2024.03.14 Demurrer 147
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2024.03.14
Excerpt: ... the Court will not entertain this combination demurrer, motion to deem Plaintiff a vexatious litigant and for “return of fees.” The Court will adjudicate demurrer of Defendant Singh Sr, the only moving party . Any issue as to costs and recovery thereof are not at issue on this demurrer and, absent other circumstances not applicable here, are properly recovered upon final a d ju d ic a t io n o f t h is c a s e . As to complex designation, th...
2024.03.12 Motion to Amend Complaint 358
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2024.03.12
Excerpt: ...tion to “permit Plaintiff to file an amended complaint substituting the Defendants' names in place of their f ic t it io u s (D o e ) d e s ig n a t io n . ” The Court, on January 5, 2023, however, denied the motion, stating : “Here, the Court has further reviewed in camera the certificate of corroborative fact executed by Plaintiff's counsel. […] However, Plaintiffs' counsel, in the Court's opinion, fails to state the source of any of th...
2024.03.07 Motion to Compel Arbitration 209
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2024.03.07
Excerpt: ...action only . On January 25, 2024, Defendant filed this motion to compel arbitration based upon an executed Arbitration Agreement, signed by Plaintiff on March 3, 2022 and stating : “Employee and Employer (collectively referred to as the “Parties”) understand and agree that any dispute arising out of or relating to Employee's employment, except for thos e disputes expressly excluded below, will be submitted to final and binding arbitrat...
2024.03.07 Motion for Preliminary Injunction 729
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2024.03.07
Excerpt: ...tgomery. Defendants are Tad Edwards and Melissa Barber. (First names are used herein to differentiate between the individuals and partnership. ) On or about December 13, 2021, Plaintiffs Bret and Anthony filed a verified complaint as to dissolution of the partnership alleging causes of action for breach of the partnership agreement, breach of fiduciary duty, for an accounting and for the appointment of a receiver . On or about September 12, 2022,...
2024.03.07 Demurrer, Motion to Strike 249
Location: Tulare
Judge: Mathias, David D
Hearing Date: 2024.03.07
Excerpt: ...ke, with leave to amend; Plaintiff shall have ten (10) days to file an amended complaint. Case Management Conference is continued to May 15, 2024; 8:30 am; D1. Facts Common to (1) and (2 ) On November 6, 2023, Plaintiff Juan “David” Corona (“Plaintiff”) filed his Complaint against Defendant Irish Electric Corporation (“Irish” or “Defendant”) for the following causes of action: (1) Failure to Pay Off -the -Clo c k Tim e ; (2 ) Fa i...

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